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1
00:00:01,166 --> 00:00:02,266
Previously on The Practice.
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00:00:03,332 --> 00:00:05,299
Basically, our lawyer
just dropped us.
3
00:00:05,366 --> 00:00:07,366
Five weeks
before the trial?
4
00:00:07,432 --> 00:00:09,599
One week before
the summary judgment
hearing.
5
00:00:09,666 --> 00:00:11,832
- I think we should take it.
- Sorry, Jimmy.
6
00:00:11,899 --> 00:00:14,332
- I think we should
take it too.
- What? Why?
7
00:00:14,399 --> 00:00:16,899
Because 11 people
in a two-mile radius
got cancer.
8
00:00:16,966 --> 00:00:19,499
There are simply no facts
to support the claim.
9
00:00:19,566 --> 00:00:21,799
This is an attorney
who demeans our profession.
10
00:00:21,866 --> 00:00:24,566
Those four people
live within 100 yards...
11
00:00:24,632 --> 00:00:26,766
of Boston Power Company
power lines.
12
00:00:26,832 --> 00:00:30,332
They didn't get sick
because I demeaned
the legal profession.
13
00:00:30,399 --> 00:00:33,866
This complaint does allege
disputable questions of fact.
14
00:00:33,932 --> 00:00:36,799
- Defendants' motion for
summary judgment is denied.
- [ Gavel Raps ]
15
00:00:36,866 --> 00:00:41,266
They've offered us a package
of $995,000.
16
00:00:41,332 --> 00:00:44,399
- They don't admit liability.
- They don't admit
they were wrong?
17
00:00:44,466 --> 00:00:46,766
- No.
- I think this deal stinks.
18
00:00:46,832 --> 00:00:48,532
We're all with Maureen
on this, Jimmy.
19
00:00:48,599 --> 00:00:50,599
Will you continue
to be our lawyer?
20
00:00:50,666 --> 00:00:52,966
If you choose to go forward,
I'll be your lawyer.
21
00:00:53,032 --> 00:00:55,999
I thought I made it
clear on the phone.
I can't help you.
22
00:00:56,066 --> 00:00:58,832
You made it clear
you wouldn't help me.
I'm a drunk.
23
00:00:58,899 --> 00:01:02,866
So you can see
I wouldn't make a very great
expert witness, would I?
24
00:01:02,932 --> 00:01:06,199
- He's sauced.
- But I'll be sober
in the morning.
25
00:01:06,266 --> 00:01:08,366
Thank you.
26
00:01:13,166 --> 00:01:16,766
The defense strategyis gonna be to attackour strategy,
27
00:01:16,832 --> 00:01:19,899
which they think
is gonna be all
emotion and sympathy.
28
00:01:19,966 --> 00:01:23,299
It ain't gonna be that.
We're gonna be above that.
29
00:01:23,366 --> 00:01:25,432
I thought our case
basically is
all emotion...
30
00:01:25,499 --> 00:01:27,632
since we're weak
on liability.
31
00:01:27,699 --> 00:01:31,066
Our case is credibility--
who to believe.
32
00:01:31,132 --> 00:01:34,399
When I get up at the end
and say those power lines
gave you all cancer,
33
00:01:34,466 --> 00:01:36,966
the jury
has to believe me.
34
00:01:37,032 --> 00:01:40,899
Are there any other
witnesses besides us?
Are we calling our doctors?
35
00:01:40,966 --> 00:01:44,599
Some.
Most of the medical conditions
have already been stipulated to.
36
00:01:44,666 --> 00:01:46,832
It'll all come down
to causation.
37
00:01:46,899 --> 00:01:50,332
And for that, we have
this Helms guy--
the alcoholic.
38
00:01:52,232 --> 00:01:56,399
- It makes me look fat.
- That was your stomach
making you look fat.
39
00:01:56,466 --> 00:01:58,532
It's a good testifying suit.
40
00:01:58,599 --> 00:02:01,699
You'll look all respectable,
but not, like, rich.
41
00:02:01,766 --> 00:02:03,732
Hey, Jimmy.
42
00:02:03,799 --> 00:02:05,799
[ Sighs ]
I'm ready.
43
00:02:05,866 --> 00:02:09,932
I'm glad I'm doin' this,
and I am ready.
I know you are.
44
00:02:09,999 --> 00:02:11,899
This is redemption time.
45
00:02:13,799 --> 00:02:16,332
- [ Bobby ]Is he still drinking?
- At night.
46
00:02:16,399 --> 00:02:19,666
In the day, he's good.
He'll be okay.
47
00:02:19,732 --> 00:02:22,632
If he comes through,
I figure we'll get
another offer.
48
00:02:22,699 --> 00:02:25,099
Is he
your only expert?
Pretty much.
49
00:02:25,166 --> 00:02:27,266
I subpoenaed
one other guy, but--
50
00:02:27,332 --> 00:02:30,032
Jimmy, if they do offer
anything bigger--
51
00:02:30,099 --> 00:02:34,232
This isn't about getting
a big public apology.
This is about money.
52
00:02:34,299 --> 00:02:36,432
Oh, I know.
If I could get it to two,
53
00:02:36,499 --> 00:02:38,899
I'll shove it
down their tonsils.
Don't worry.
54
00:02:38,966 --> 00:02:42,832
- Well, we're getting nothing
unless Helms holds up.
- He will.
55
00:02:42,899 --> 00:02:46,932
- How many experts do they have?
- More than one.
56
00:02:46,999 --> 00:02:52,099
- How many more?
- They've listed 11. We figure
they'll call eight or nine.
57
00:02:52,166 --> 00:02:53,932
Big hitters.
58
00:03:00,032 --> 00:03:02,099
You all set?
59
00:03:02,166 --> 00:03:05,799
I've waited my whole life
for this case.
60
00:03:17,232 --> 00:03:18,766
[ Line Ringing ]
61
00:03:26,099 --> 00:03:27,599
[ Cell Door Opens, Closes ]
62
00:03:33,699 --> 00:03:38,232
[ Sirens Wailing ]
63
00:03:53,382 --> 00:03:55,848
[ People Chattering ]
64
00:03:58,548 --> 00:04:00,815
[ Elevator Bell Dings ]
65
00:04:23,782 --> 00:04:26,182
[ No Audible Dialogue ]
66
00:04:33,148 --> 00:04:36,315
[ People Coughing ]
67
00:04:36,382 --> 00:04:38,382
[ Tapping Echoes ]
68
00:04:38,448 --> 00:04:40,915
[ Shoes Squeaking ]
69
00:04:47,082 --> 00:04:49,782
Raise your right hand,
please.
70
00:04:49,848 --> 00:04:52,882
Do you swear to tell the truth,
the whole truth and nothing
but the truth...
71
00:04:52,948 --> 00:04:54,615
so help you God?
I do.
72
00:04:54,682 --> 00:04:57,915
Please be seated.
73
00:04:57,982 --> 00:05:02,382
Mike, could you tell the jury
your full name
and where you live?
74
00:05:02,448 --> 00:05:04,315
Michael Lewis Beal.
75
00:05:04,382 --> 00:05:08,448
I live at 192 High Street,
Fairfield, Massachusetts.
76
00:05:08,515 --> 00:05:11,415
- Do you know why you're
in court today, Mike?
- Yes.
77
00:05:11,482 --> 00:05:13,448
Could you tell us why?
78
00:05:13,515 --> 00:05:15,482
I have leukemia.
79
00:05:15,548 --> 00:05:17,315
I have brain cancer.
80
00:05:17,382 --> 00:05:18,315
Ovarian cancer.
81
00:05:18,382 --> 00:05:19,415
Lymphoma.
82
00:05:19,482 --> 00:05:20,948
They say it's terminal.
83
00:05:21,015 --> 00:05:23,482
I live about 300 yards
from the power lines.
84
00:05:23,548 --> 00:05:24,882
Maybe half a mile.
85
00:05:24,948 --> 00:05:26,482
Right next to it
actually.
86
00:05:26,548 --> 00:05:27,615
Malignant.
87
00:05:27,682 --> 00:05:29,715
I'd say
within a half a mile.
88
00:05:29,782 --> 00:05:32,148
They expect me to live.
89
00:05:32,215 --> 00:05:35,182
But have any of the doctors
told you it was caused
by power lines?
90
00:05:35,248 --> 00:05:39,282
They tell me they don't know
what causes cancer.
91
00:05:39,348 --> 00:05:41,582
It could be
something in the air,
something we eat.
92
00:05:41,648 --> 00:05:44,982
Did they rule out
the power lines as a cause?
No, they did not.
93
00:05:45,048 --> 00:05:47,248
Why do you think
it's the power lines?
94
00:05:47,315 --> 00:05:52,015
First, 11 people
in one neighborhood
get cancer.
95
00:05:52,082 --> 00:05:54,215
That tells me
something's goin' on.
96
00:05:54,282 --> 00:05:57,048
That power line fieldsits smack in the middleof our neighborhood.
97
00:05:57,115 --> 00:05:59,815
But that could be
a coincidence.
Perhaps.
98
00:05:59,882 --> 00:06:03,015
But then I read this study
done in Sweden connecting--
99
00:06:03,082 --> 00:06:06,282
- Objection.
- Testimony goes only to
that he read the study.
100
00:06:06,348 --> 00:06:09,382
He's not testifying
as to the accuracy
of its findings.
101
00:06:09,448 --> 00:06:11,448
The objection is sustained.
102
00:06:11,515 --> 00:06:13,882
Your Honor, the question goes
as to why this witness
believes--
103
00:06:13,948 --> 00:06:16,682
I heard the question, counsel.
I'm not allowing it.
104
00:06:16,748 --> 00:06:18,915
Any study done in Sweden
has no relevance here.
105
00:06:20,915 --> 00:06:23,682
Mr. Beal, what,
if anything else,
106
00:06:23,748 --> 00:06:27,215
caused you to suspect
the power lines as a cause
for this cancer cluster?
107
00:06:27,282 --> 00:06:32,115
There was a 1990 report
done by the Environmental
Protection Agency--
108
00:06:32,182 --> 00:06:35,082
No, no.
Your Honor, objection.
Sustained.
109
00:06:35,148 --> 00:06:39,015
Mr. Beal, you willrefrain from mentioningany outside studies.
110
00:06:39,082 --> 00:06:41,682
Members of the jury,
sometimes witnesses
and lawyers...
111
00:06:41,748 --> 00:06:45,082
reference studies they haveno intention of actuallyintroducing as evidence--
112
00:06:45,148 --> 00:06:47,515
studies which look goodfrom afar,
113
00:06:47,582 --> 00:06:50,082
but may prove to be unreliable
when subjected to scrutiny.
114
00:06:50,148 --> 00:06:53,548
I won't accuse counsel
of doing so here.
115
00:06:53,615 --> 00:06:57,215
But you should be advised
that the fact that a study
is said to exist somewhere...
116
00:06:57,282 --> 00:06:59,415
should in no way account
for its validity.
117
00:06:59,482 --> 00:07:02,515
He's gonna screw you
at every turn.
You know this.
118
00:07:02,582 --> 00:07:04,582
Yeah, but--
Is Jimmy okay?
119
00:07:04,648 --> 00:07:06,415
Jimmy was fine.
But, Ellenor,
I don't know.
120
00:07:06,482 --> 00:07:08,815
You were there.
How could they turn down
a million dollars?
121
00:07:08,882 --> 00:07:12,348
Don't get me started. I think
the one with the brain tumor's
calling the shots.
122
00:07:12,415 --> 00:07:15,848
That was bad.
I know. I know.
123
00:07:17,348 --> 00:07:20,248
Did Bobby ask you to take over?
He just asked me
to watchdog him.
124
00:07:20,315 --> 00:07:23,115
- And be ready, Lindsay.
- Jimmy's doing fine.
125
00:07:30,815 --> 00:07:33,182
[ Door Opens, Closes ]
[ Sighs ]
126
00:07:33,248 --> 00:07:36,148
[ West ]
Anything potentially toxic
in the well water?
127
00:07:36,215 --> 00:07:38,148
Not to my knowledge.
128
00:07:38,215 --> 00:07:41,548
Does your town ever use
pesticides in your area?
129
00:07:41,615 --> 00:07:43,582
From time to time,
yes.
130
00:07:43,648 --> 00:07:45,948
In mosquito season,
I'm sure.
131
00:07:46,015 --> 00:07:48,715
There's some farming
done, too, in Fairfield.
Isn't that right?
132
00:07:48,782 --> 00:07:51,148
Yes.
And they likely use
pesticides of some sort.
133
00:07:51,215 --> 00:07:53,248
They likely do, yes.
134
00:07:53,315 --> 00:07:57,015
Did anybody ever check out
the well water in your area?
135
00:07:57,082 --> 00:07:58,982
I don't know.
136
00:07:59,048 --> 00:08:02,415
Anybody ever investigate
pesticides?
I don't think so.
137
00:08:02,482 --> 00:08:05,515
Hmm. You basically all shop
at the same grocery market,
don't you?
138
00:08:05,582 --> 00:08:07,982
Pretty much, yes.
139
00:08:08,048 --> 00:08:10,715
Then that market
might be called
"a common denominator."
140
00:08:10,782 --> 00:08:15,515
- I think it's called Belson's.
- [ Jury Chuckles ]
141
00:08:15,582 --> 00:08:19,515
Did the doctor tell you
that carcinogens can be found
in the things we eat?
142
00:08:19,582 --> 00:08:21,415
Yes.
Mrs. Banner.
143
00:08:21,482 --> 00:08:23,582
Is it completely impossible...
144
00:08:23,648 --> 00:08:26,415
that something you all ate
contributed to your
getting sick?
145
00:08:26,482 --> 00:08:28,282
[ Banner ]I suppose not.
146
00:08:28,348 --> 00:08:31,482
[ West ]
Anybody do any studies
on the food at this market?
147
00:08:31,548 --> 00:08:33,282
Not to my knowledge.
148
00:08:33,348 --> 00:08:35,815
Hmm.
149
00:08:35,882 --> 00:08:38,615
There seem to be
a lot of possibilities...
150
00:08:38,682 --> 00:08:41,415
that nobody
ever bothered to rule out.
151
00:08:41,482 --> 00:08:44,048
Thank you very much.
That's all.
152
00:08:47,815 --> 00:08:50,382
Mrs. Banner, who basically
are you suing today?
153
00:08:50,448 --> 00:08:52,682
Basically,
the government.
154
00:08:52,748 --> 00:08:55,048
And who led you to suspect
the power lines...
155
00:08:55,115 --> 00:08:58,348
instead of well water
or pesticides
or grocery market food?
156
00:08:58,415 --> 00:09:00,282
The government.
They did?
157
00:09:00,348 --> 00:09:04,582
[ Banner ]
If they suspected pesticides
or well water or food,
158
00:09:04,648 --> 00:09:07,682
I assume they would have
checked it out because
I'm sure they care.
159
00:09:07,748 --> 00:09:09,982
But they didn't
test those things.
160
00:09:10,048 --> 00:09:12,248
When we startedgetting cancer,
161
00:09:12,315 --> 00:09:15,415
all of those scientists
came running to the power lines.
162
00:09:15,482 --> 00:09:17,248
And what answers
did they give you?
163
00:09:17,315 --> 00:09:21,282
They haven't given us
any answers, Mr. Berluti.
164
00:09:21,348 --> 00:09:25,015
[ All Laughing ]
[ Rogers ]
I like the way he goes, "Hmm."
165
00:09:25,082 --> 00:09:27,348
You hear that?
How many times
did he do that?
166
00:09:27,415 --> 00:09:30,015
[ All ]
Hmm. Hmm. Hmm.
167
00:09:30,082 --> 00:09:32,115
He goes, "Hmm"
when he feels good,
168
00:09:32,182 --> 00:09:34,115
so let's hope we don't
hear it too often.
169
00:09:34,182 --> 00:09:36,682
[ All Laughing ]
Here's a toast to us.
170
00:09:36,748 --> 00:09:40,782
Win or lose, we end upright back herehaving dinner together.
171
00:09:40,848 --> 00:09:42,782
[ Doyle ] Hear. Hear.
[ Rogers ]
It's easy for you.
172
00:09:42,848 --> 00:09:45,782
- It's not your house.
- [ All Laughing ]
173
00:09:45,848 --> 00:09:48,748
[ Beal ] That's a good one.
Well said, David.
174
00:09:50,515 --> 00:09:53,182
All right.
Here's the thing.
175
00:09:53,248 --> 00:09:56,315
The next part of the case,
this could go on for weeks.
176
00:09:56,382 --> 00:09:58,982
I don't know
how many experts
they're gonna trot out,
177
00:09:59,048 --> 00:10:01,315
but it's important
that you be there every day.
178
00:10:01,382 --> 00:10:04,515
All this boring science stuff--
We gotta keep cancer
in the room.
179
00:10:04,582 --> 00:10:07,682
Is the alcoholic ready?
180
00:10:07,748 --> 00:10:10,848
His name is Joel,
and he's gonna be great.
181
00:10:10,915 --> 00:10:13,682
I still say you should
let me get on that stand
and "wig out."
182
00:10:13,748 --> 00:10:17,015
[ All Laughing ]
183
00:10:22,682 --> 00:10:25,948
If ever you thinkyou made a mistake,
184
00:10:26,015 --> 00:10:28,382
just say so--
correct it.
185
00:10:28,448 --> 00:10:32,582
Don't be thinking you'd
better cover it up, 'cause--
Can I go home now?
186
00:10:32,648 --> 00:10:34,515
Somethin' else.
187
00:10:34,582 --> 00:10:38,115
Everything
they ask you on cross--
every single thing--
188
00:10:38,182 --> 00:10:40,282
They already
know the answer.
they already know the answer.
189
00:10:42,348 --> 00:10:46,382
You can expect them
to go hard at you
on that too.
190
00:10:46,448 --> 00:10:49,448
Jimmy, you know, I might
need a little something
during lunch.
191
00:10:49,515 --> 00:10:52,982
It isn't gonna be anything
that's on my breath.
I'll be fine.
192
00:10:53,048 --> 00:10:56,848
But otherwise, 4:00--
I get the shakes.
Maybe before.
193
00:10:56,915 --> 00:10:59,215
If you come off
even the slightest bit--
194
00:10:59,282 --> 00:11:01,882
I know.
Do you know?
195
00:11:01,948 --> 00:11:03,682
Our case either stops with you
or keeps going.
196
00:11:03,748 --> 00:11:06,715
How many times
are you gonna say it?
I'll say it till it sinks in!
197
00:11:06,782 --> 00:11:09,148
What is this, the-the--
the first case of your life?
198
00:11:09,215 --> 00:11:11,415
Let's think of it
as the first trial
of your life.
199
00:11:11,482 --> 00:11:13,682
I'm not goin' down
just because you
take it lightly.
200
00:11:13,748 --> 00:11:17,048
If I collapse on that stand,
it's gonna be from exhaustion.
You can restore your reputation.
201
00:11:17,115 --> 00:11:19,915
You have had me in this office
till 2:00 a.m. for the last
two weeks!
202
00:11:19,982 --> 00:11:22,248
Do you wanna be
a telemarketer
the rest of your life?
203
00:11:22,315 --> 00:11:24,982
- Runt!
- Drunk!
204
00:11:25,048 --> 00:11:26,582
Fat!
205
00:11:26,648 --> 00:11:28,282
Bald!
206
00:11:28,348 --> 00:11:30,848
Bald?
207
00:11:32,348 --> 00:11:34,848
[ Laughing ]
208
00:11:42,682 --> 00:11:45,115
[ Sighs ]
Jimmy.
209
00:11:45,182 --> 00:11:47,148
Yeah?
210
00:11:47,215 --> 00:11:49,015
Are we nervous?
211
00:11:51,082 --> 00:11:53,148
Joel?
212
00:11:53,215 --> 00:11:55,082
Are you really ready?
213
00:11:56,715 --> 00:11:58,948
Don't you worry about me.
214
00:12:05,839 --> 00:12:07,939
[ Jimmy ]You can't testifyfrom in there.
215
00:12:08,006 --> 00:12:09,973
[ Joel ]
Thank you.
That's helpful.
216
00:12:10,039 --> 00:12:12,039
Just puke
and get it over with.
217
00:12:12,106 --> 00:12:16,339
[ Toilet Flushes ]
I don't know how I'd make it
without your bedside manner.
218
00:12:16,406 --> 00:12:20,606
Never mind.
You're on in two minutes.
Come on then.
219
00:12:20,673 --> 00:12:23,339
Hey. Wash your hands.
220
00:12:23,406 --> 00:12:25,573
[ Sighs ]
221
00:12:25,639 --> 00:12:29,573
[ Water Running ]
222
00:12:29,639 --> 00:12:32,273
[ Joel ] I was a professorat Boston Universityfor nine years...
223
00:12:32,339 --> 00:12:35,806
as an epidemiologistspecializing inradiation research.
224
00:12:35,873 --> 00:12:40,739
Dr. Helms, did you ever have
occasion to study power lines?
Yes, I did.
225
00:12:40,806 --> 00:12:45,239
Did you have occasion to study
the effect of exposure to
power lines on the human body?
226
00:12:45,306 --> 00:12:47,106
I did.
227
00:12:47,173 --> 00:12:50,873
Before we get into
the nature of your study--
'cause it'll take some time--
228
00:12:50,939 --> 00:12:52,806
could you give us
an overall conclusion?
229
00:12:52,873 --> 00:12:57,073
Simply put,
exposure to power lines
is a cancer risk.
230
00:12:57,139 --> 00:12:59,839
You're sure?
There's no question,Mr. Berluti.
231
00:12:59,906 --> 00:13:02,439
Does it mean living
next to power lines,
you'll get cancer?
232
00:13:02,506 --> 00:13:04,339
Probably not.
233
00:13:04,406 --> 00:13:06,839
But are you
at a greater risk?
Definitely.
234
00:13:06,906 --> 00:13:08,973
And every epidemiologistknows it.
235
00:13:09,039 --> 00:13:11,606
- Objection, Your Honor.
- Sustained.
236
00:13:11,673 --> 00:13:16,306
Okay, Doctor, this stuff
gets pretty technical.
237
00:13:16,373 --> 00:13:20,206
Let's start
with what exactly is
an electromagnetic field.
238
00:13:20,273 --> 00:13:22,773
A power line,
electrical wiring,
239
00:13:22,839 --> 00:13:24,906
electrical equipment,
a cell phone--
240
00:13:24,973 --> 00:13:29,039
They all give off
what is known as
radio-frequency radiation.
241
00:13:29,106 --> 00:13:31,106
And this is harmful?
It can be.
242
00:13:31,173 --> 00:13:34,106
What this radiation doesis heat body tissue.
243
00:13:34,173 --> 00:13:36,939
If you get too much
and the body can't
dissipate it,
244
00:13:37,006 --> 00:13:40,239
it can cause injury--
sometimes cancer.
245
00:13:40,306 --> 00:13:44,039
Now, to say something
causes cancer--
That's really not fair.
246
00:13:44,106 --> 00:13:46,306
What I should say is,
statistically,
247
00:13:46,373 --> 00:13:48,673
you become at higher risk
for cancer.
248
00:13:48,739 --> 00:13:50,739
Why or how,
we haven't figured out.
249
00:13:50,806 --> 00:13:54,239
And yet, if you haven't
figured it out,
you seem pretty certain.
250
00:13:54,306 --> 00:13:58,506
Four times as many peopleliving near power linesget cancer, Mr. Berluti.
251
00:13:58,573 --> 00:14:00,706
Just because we haven't
figured out why...
252
00:14:00,773 --> 00:14:02,606
doesn't mean
we haven't got a problem.
253
00:14:05,739 --> 00:14:07,639
Hey, how's it goin'?
254
00:14:07,706 --> 00:14:11,306
Well, he's been strong,
but looks like he
could use a drink.
255
00:14:11,373 --> 00:14:13,873
Seven hours now.
[ Ellenor ]
Jury's awake?
256
00:14:13,939 --> 00:14:16,006
Oh, yeah. Oh,
let me say this.
257
00:14:16,073 --> 00:14:18,206
Without having heard
what the other side
has to say,
258
00:14:18,273 --> 00:14:21,373
I am not living
near power lines.
259
00:14:21,439 --> 00:14:24,039
Did you report this
to anybody?
260
00:14:24,106 --> 00:14:27,306
Did I report it?[ Scoffs ]
261
00:14:27,373 --> 00:14:30,306
That's why
I'm in telemarketing today--
because I reported it.
262
00:14:30,373 --> 00:14:33,973
- Who'd you tell?
- I first reported it
to Boston Power.
263
00:14:34,039 --> 00:14:36,006
Then the Environmental
Protection Agency.
264
00:14:36,073 --> 00:14:38,139
Did the agency respond?
265
00:14:38,206 --> 00:14:40,806
Yes. They found my datato be inconclusive.
266
00:14:40,873 --> 00:14:43,239
They also let me know--
should I compile
any more data--
267
00:14:43,306 --> 00:14:45,306
I should keep it to myself.
268
00:14:45,373 --> 00:14:48,573
- Objection-- hearsay.
- Overruled.
269
00:14:48,639 --> 00:14:51,239
[ Jimmy ]
Who said that, Dr. Helms?
His name was Oliver Rock.
270
00:14:51,306 --> 00:14:54,539
He was a director
of the agency's division
here in Boston.
271
00:14:54,606 --> 00:14:57,106
- Did he say anything else?
- Objection, Your Honor.
272
00:14:57,173 --> 00:14:59,973
Goes only to his response
to the witness's report.
273
00:15:00,039 --> 00:15:03,539
- I'll allow it.
- What else did he say?
274
00:15:03,606 --> 00:15:06,839
He said,"There are power linesall across the country.
275
00:15:06,906 --> 00:15:09,206
We don't need to start
a national panic."
276
00:15:12,273 --> 00:15:15,906
Did you see him squirm?
That West guy--
277
00:15:15,973 --> 00:15:19,839
He laid a big, soft Baby Ruth
when I said, "We don't
want to make a panic."
278
00:15:19,906 --> 00:15:23,173
I don't think
he'll be coming at you
with candy bars tomorrow.
279
00:15:23,239 --> 00:15:25,573
Let's go through it again.
And go even harder.
280
00:15:25,639 --> 00:15:29,439
You were fired
for being a drunk,
weren't you, Dr. Helms?
281
00:15:29,506 --> 00:15:31,439
Yes or no.
No.
282
00:15:31,506 --> 00:15:34,306
My battle with alcoholism
began after I was discharged.
283
00:15:34,373 --> 00:15:37,006
My termination had to do
with my unwillingness--
284
00:15:37,073 --> 00:15:39,139
Don't let him go on.
West would be cutting him off.
285
00:15:39,206 --> 00:15:40,639
[ Door Opens ]
Sorry.
286
00:15:40,706 --> 00:15:43,639
Jimmy. Talk to you
for a sec?
287
00:15:45,573 --> 00:15:47,406
Keep goin'.
Grill him.
288
00:15:50,973 --> 00:15:53,073
Hey. Come on in.
Sit down.
289
00:15:55,106 --> 00:15:57,106
I hear it's goin' well.
290
00:15:57,173 --> 00:15:59,473
Tomorrow's the big one.
291
00:15:59,539 --> 00:16:02,906
If Joel can survive cross--
I've gone over
their witness list.
292
00:16:02,973 --> 00:16:06,239
They have some top researchers--
two from California
who've just done a study.
293
00:16:06,306 --> 00:16:08,339
I had Rebecca
run some numbers.
294
00:16:08,406 --> 00:16:10,473
You've put in roughly
400 hours on this case.
295
00:16:10,539 --> 00:16:13,006
That's--That's conservative.
296
00:16:13,073 --> 00:16:16,739
I bill you
at 125 an hour,
so we can figure 50,000.
297
00:16:16,806 --> 00:16:19,273
Lindsay and Ellenor,
between them, takes it
over a hundred thousand.
298
00:16:19,339 --> 00:16:22,039
And you're upto 63,000 in costs.
299
00:16:22,106 --> 00:16:25,706
If this trial
goes the distance,
300
00:16:25,773 --> 00:16:28,939
we could be in
for 250,000.
301
00:16:29,006 --> 00:16:30,906
If we could absorb that,
that would be one thing.
302
00:16:30,973 --> 00:16:33,973
But, Jimmy, this case is--
It's running us
into the red again.
303
00:16:34,039 --> 00:16:37,673
Business has been good here.
Criminal business--
nothing high rent.
304
00:16:37,739 --> 00:16:40,673
The big tickets
are the drug dealers.
Our biggest was shot dead.
305
00:16:40,739 --> 00:16:43,273
Since Lindsay's
out of it, nothing new's
coming through the door.
306
00:16:43,339 --> 00:16:45,939
If I could squeeze
a decent offer--
Jimmy.
307
00:16:46,006 --> 00:16:48,139
This list.
Any chance you have,
308
00:16:48,206 --> 00:16:51,939
it depends
on your ability to cross.
309
00:16:52,006 --> 00:16:54,106
Now, I don't mean
to put you down, but--
310
00:16:55,706 --> 00:16:58,373
This isn't your strength.
311
00:16:58,439 --> 00:17:00,806
What do you think I've been
doing for the past month,
312
00:17:00,873 --> 00:17:03,106
staying up till
3:00 or 4:00 in the morning?
313
00:17:03,173 --> 00:17:06,306
I'm ready for these guys.
I understand that, but--
314
00:17:06,373 --> 00:17:10,273
I was thinking, maybe if Lindsay
handled their experts, then that
would give you more time--
315
00:17:10,339 --> 00:17:13,139
That's her idea?
No. She says
you're doing great.
316
00:17:13,206 --> 00:17:15,273
You don't think I'm up
to a case like this.
317
00:17:15,339 --> 00:17:18,373
I got it.
This isn't a reflection
of you, Jimmy.
318
00:17:18,439 --> 00:17:21,039
Oh, that's a lie.
319
00:17:24,706 --> 00:17:26,606
Your case isn't good.
320
00:17:27,773 --> 00:17:31,106
You've made
the most of it so far.
321
00:17:31,173 --> 00:17:33,306
The time could be right
to settle.
322
00:17:35,939 --> 00:17:40,806
He could be right.We may be atour strongest now.
323
00:17:40,873 --> 00:17:43,973
We gotta make
a decision here.
324
00:17:44,039 --> 00:17:48,306
Get a number, Jimmy.
Then we'll see.
325
00:17:50,706 --> 00:17:53,306
Morning.
Good morning.
326
00:17:53,373 --> 00:17:56,206
Says Parcells
may be coming back.
327
00:17:56,273 --> 00:17:58,639
I'd sooner welcome back
Don Cherry.
328
00:18:01,473 --> 00:18:04,306
They want two.
You can get out for two.
329
00:18:05,739 --> 00:18:08,973
I'm afraid that would not
be an acceptable number
from our side.
330
00:18:09,039 --> 00:18:13,539
What is?
Nothing.
331
00:18:13,606 --> 00:18:15,839
Is "nothing" good for you?
332
00:18:15,906 --> 00:18:17,673
Come on.
Last week, it was a million.
333
00:18:17,739 --> 00:18:20,339
Things are going
better for us
than you expected.
334
00:18:20,406 --> 00:18:23,673
Two gets you off cheap.
You really don't
get it, do you?
335
00:18:23,739 --> 00:18:27,939
The money
we offered last week
was a premium for silence--
336
00:18:28,006 --> 00:18:30,073
to preempt your people
going to court,
337
00:18:30,139 --> 00:18:32,306
getting their stories
printed in the newspaper.
338
00:18:32,373 --> 00:18:36,573
We're beyond that now.
The only interest we have now
is in winning.
339
00:18:36,639 --> 00:18:39,506
And frankly,
I'm not impressed
with your presentation so far.
340
00:18:39,573 --> 00:18:42,539
So I think you should
recommend "nothing"
to your clients.
341
00:18:42,606 --> 00:18:44,639
Because when I get finished
with Mr. Helms today,
342
00:18:44,706 --> 00:18:48,039
not only
will your case be over,
I'll be moving for costs.
343
00:18:48,106 --> 00:18:52,173
And I very well might get them.
That could cost you
a half a million dollars.
344
00:18:52,239 --> 00:18:56,773
Now, did that thought
ever tiptoe across your mind,
345
00:18:56,839 --> 00:18:58,973
or has it all
been sugarplums?
346
00:19:02,506 --> 00:19:05,506
People like you think
people like me can't beat them.
347
00:19:05,573 --> 00:19:07,473
You're wrong.
348
00:19:07,539 --> 00:19:10,806
I don't doubt
people like you
can win, Mr. Berluti.
349
00:19:10,873 --> 00:19:13,106
Only it won't be this case.
350
00:19:24,022 --> 00:19:26,856
Now, Mr. Helms--Oh, excuse me.
Dr. Helms,
351
00:19:26,922 --> 00:19:29,622
Are you still a doctor?
Yes.
352
00:19:29,689 --> 00:19:34,422
- You work as a doctor?
- No. As I said yesterday,I'm in telemarketing now.
353
00:19:34,489 --> 00:19:37,156
You're no longer hireable
as an epidemiologist,
are you, Doctor?
354
00:19:37,222 --> 00:19:39,556
No.
355
00:19:39,622 --> 00:19:42,456
In fact, as a result
of your claims that
power lines cause cancer,
356
00:19:42,522 --> 00:19:44,622
you lost respect within
the medical community.
357
00:19:44,689 --> 00:19:47,289
I became
a political liability.
358
00:19:47,356 --> 00:19:50,089
No other university,
academic or medical
institution would hire you.
359
00:19:50,156 --> 00:19:51,989
It would seem so.
360
00:19:52,056 --> 00:19:54,856
So now you spend your days
making cold calls,
361
00:19:54,922 --> 00:19:59,089
trying to convince people that
maybe they should change their
long-distance telephone company.
362
00:19:59,156 --> 00:20:00,422
[ Jimmy ] Objection.
[ Judge ]
Overruled.
363
00:20:00,489 --> 00:20:04,856
- Are you an alcoholic, Doctor?
- Objection.
- Overruled.
364
00:20:04,922 --> 00:20:07,356
- Are you an alcoholic,
Doctor?
- Yes.
365
00:20:07,422 --> 00:20:09,322
Recovered?
No.
366
00:20:09,389 --> 00:20:11,889
- You still drink.
- Yes.
367
00:20:11,956 --> 00:20:15,656
- Did you drink last night?
- Yes.
368
00:20:15,722 --> 00:20:19,122
- Were you drunk?
- [ Jimmy ] Objection!
- [ Judge ] Sustained.
369
00:20:19,189 --> 00:20:23,056
Well, tell me, Doctor, are there
any other scientists,
to your knowledge,
370
00:20:23,122 --> 00:20:25,156
who would be willing
to come forward...
371
00:20:25,222 --> 00:20:28,589
and affirm your theories
concerning power lines
and cancer?
372
00:20:28,656 --> 00:20:31,422
They won't come forward
because the government
will go after them.
373
00:20:31,489 --> 00:20:34,689
Like they went after you.
Yes, Mr. West.
374
00:20:34,756 --> 00:20:37,389
The government
and the scientific
advisory council...
375
00:20:37,456 --> 00:20:41,856
considered that
it was more expedient
to discredit me...
376
00:20:41,922 --> 00:20:45,689
than to admit that power lines
are a cancer risk.
377
00:20:45,756 --> 00:20:48,822
I must say I'm surprised
the government allows you
to work in telemarketing.
378
00:20:48,889 --> 00:20:51,556
I mean, all those phone lines--
calling people every day,
379
00:20:51,622 --> 00:20:54,122
talking to them,sharing the real truth.
380
00:20:54,189 --> 00:20:55,456
Objection.
Sustained.
381
00:20:55,522 --> 00:20:58,556
Do you tell peoplethat power lineskilled J.F.K.?
382
00:20:58,622 --> 00:21:00,522
Objection!
Sustained.
383
00:21:00,589 --> 00:21:03,089
Doctor,
384
00:21:03,156 --> 00:21:06,189
have you ever
been hospitalized
in a mental institution?
385
00:21:06,256 --> 00:21:08,056
Objection, Your Honor.
386
00:21:11,156 --> 00:21:13,189
I told you.
How the hell
could it not happen?
387
00:21:13,256 --> 00:21:15,789
Guy's a drunk
who did time
in a mental ward.
388
00:21:15,856 --> 00:21:17,889
Lower your voice.
This is stupid!
389
00:21:17,956 --> 00:21:20,356
We're tilting
a windmill here.
And you've never done that?
390
00:21:20,422 --> 00:21:22,922
Does Helms have
any credibility left?
391
00:21:22,989 --> 00:21:25,322
I didn't like the way
the jury was looking at him.
392
00:21:25,389 --> 00:21:27,889
Let's just try to get out--
anything.
393
00:21:27,956 --> 00:21:32,456
We have to cut our losses.
If the clients resist,
I'll talk to 'em.
394
00:21:32,522 --> 00:21:35,956
Well--
What?
395
00:21:36,022 --> 00:21:39,156
They won't be offering
anything, Bobby.
396
00:21:39,222 --> 00:21:41,122
Even before Helms
was crossed.
397
00:21:41,189 --> 00:21:44,189
The defense, they're--
They're offering zero.
398
00:21:44,256 --> 00:21:47,956
Nothing?
They're determined
to go to verdict,
399
00:21:48,022 --> 00:21:50,389
and that was before
they chewed up
our expert witness.
400
00:21:50,456 --> 00:21:53,789
Their only offer is wegive them an agreementfor judgment right now,
401
00:21:53,856 --> 00:21:56,256
they'll drop
any claim they have
for abuse of process.
402
00:21:56,322 --> 00:21:58,456
[ Groans ]
[ Door Opens, Closes ]
403
00:22:00,356 --> 00:22:02,456
Hey.
404
00:22:04,389 --> 00:22:06,456
Hey.
405
00:22:10,056 --> 00:22:13,989
Jimmy, maybe Lindsay
should take their experts--
406
00:22:14,056 --> 00:22:16,556
I don't thinkthat's a good idea.
407
00:22:16,622 --> 00:22:18,856
The best part of our caseis his relationshipwith the jury.
408
00:22:18,922 --> 00:22:20,989
I think
they still like him.
409
00:22:25,356 --> 00:22:28,522
Okay. Don't go
toe-to-toe on science.
410
00:22:28,589 --> 00:22:30,489
All you do
is preserve some doubt.
411
00:22:30,556 --> 00:22:32,756
Keep doubt alive.
412
00:22:32,822 --> 00:22:35,622
Can you do that?
Yeah.
413
00:22:35,689 --> 00:22:39,722
- Are you up on the science if--
- I can do it.
414
00:22:42,789 --> 00:22:45,556
You've studied
the effects of power lines?
For 11 years.
415
00:22:45,622 --> 00:22:47,522
And what conclusions
did you draw...
416
00:22:47,589 --> 00:22:50,856
with respect to cancer
and exposure to power lines
and electromagnetic fields?
417
00:22:50,922 --> 00:22:53,889
- There is no link.
- None?
418
00:22:53,956 --> 00:22:55,822
None.
419
00:22:55,889 --> 00:22:58,456
Are you sure that power lines
cannot cause cancer,
420
00:22:58,522 --> 00:23:02,456
or are you sure that
you haven't found the link
as to how they could?
421
00:23:02,522 --> 00:23:05,089
The latter.
422
00:23:05,156 --> 00:23:07,189
[ Woman ]Yes. Inconclusive data.
423
00:23:07,256 --> 00:23:10,322
We could makeno correlation betweenexposure and cancer risk.
424
00:23:10,389 --> 00:23:12,422
On this scientific
advisory board,
425
00:23:12,489 --> 00:23:16,122
four people
were paid consultants
for utility commissions, right?
426
00:23:16,189 --> 00:23:18,022
That's correct.
427
00:23:18,089 --> 00:23:20,489
The air force was aware
of government tests.
428
00:23:20,556 --> 00:23:22,889
We found
no biological effects.
429
00:23:22,956 --> 00:23:25,589
Didn't the air force
make efforts to suppress
the health effects...
430
00:23:25,656 --> 00:23:27,956
of electromagnetic radiation?
431
00:23:33,422 --> 00:23:37,389
How long have you
been at Yale, Dr. Munson?
Nineteen years.
432
00:23:37,456 --> 00:23:39,456
And you're an epidemiologist?
433
00:23:39,522 --> 00:23:43,022
And also director
of the public health center.
434
00:23:43,089 --> 00:23:45,822
And you were present
in the courtroom
for the testimony of Joel Helms?
435
00:23:45,889 --> 00:23:49,222
- I was.
- Do you have any response
to that testimony?
436
00:23:49,289 --> 00:23:53,522
There's absolutely
no scientific
or medical evidence...
437
00:23:53,589 --> 00:23:56,556
to support the allegations
made by the plaintiffs.
438
00:23:56,622 --> 00:23:58,656
And I, as a doctor
and a scientist,
439
00:23:58,722 --> 00:24:01,522
find these allegationsto be outrageous.
440
00:24:01,589 --> 00:24:04,422
Are you familiar
with the study
done in Sweden?
441
00:24:04,489 --> 00:24:08,022
- Objection.
- This man testified he has
knowledge of all the studies.
442
00:24:08,089 --> 00:24:12,222
He has testified that
Dr. Helms's conclusions
offend science and medicine.
443
00:24:12,289 --> 00:24:16,389
- I am entitled to impeach
the testimony of this witness.
- I'll allow it.
444
00:24:16,456 --> 00:24:19,922
Dr. Munson, you are aware
of two recent Swedish studies...
445
00:24:19,989 --> 00:24:22,022
that concluded--
scientifically concluded--
446
00:24:22,089 --> 00:24:24,156
that children
living near power lines...
447
00:24:24,222 --> 00:24:26,856
have four times the risk
of developing leukemia?
448
00:24:26,922 --> 00:24:30,722
- Yes, but--
- Thank you.
You've answered my question.
449
00:24:30,789 --> 00:24:36,822
Now, Doctor, are you aware
of a 1990 federal Environmental
Protection Agency report?
450
00:24:36,889 --> 00:24:39,722
That report was attacked
and ultimately revised.
451
00:24:39,789 --> 00:24:43,056
Are you aware of that report?
Yes or no.
Yes.
452
00:24:43,122 --> 00:24:45,022
And that report linked
exposure to power lines...
453
00:24:45,089 --> 00:24:47,522
with leukemia
and nervous system cancer.
454
00:24:47,589 --> 00:24:49,956
Objection.
He's putting in studies.
455
00:24:50,022 --> 00:24:52,022
No, I am putting in
his awareness
of these studies...
456
00:24:52,089 --> 00:24:55,122
while he tells this jury
Dr. Helms is outrageous.
457
00:24:55,189 --> 00:24:59,622
I'll overrule the objection, but
I'm cutting you off, counsel.
You made your point.
458
00:24:59,689 --> 00:25:02,056
So let me get this straight,
Doctor.
459
00:25:02,122 --> 00:25:05,622
You are aware of many studies
that do support
the allegations...
460
00:25:05,689 --> 00:25:08,022
connecting power lines
with cancer.
461
00:25:08,089 --> 00:25:10,456
You're aware of the studies
and reports that support
the allegations.
462
00:25:10,522 --> 00:25:12,289
Allegations,
not conclusions.
463
00:25:12,356 --> 00:25:15,322
So,
464
00:25:15,389 --> 00:25:17,656
when you said under oath,
465
00:25:17,722 --> 00:25:20,022
"There is no scientific
or medical evidence...
466
00:25:20,089 --> 00:25:24,422
to support the allegations
made by the plaintiffs"--
467
00:25:24,489 --> 00:25:26,922
Would that be a lie
or a mistake?
468
00:25:26,989 --> 00:25:29,856
[ Murmurs ]
It was a poor
choice of words.
469
00:25:29,922 --> 00:25:33,956
Poor choice amounting to
a lie or a mistake?
470
00:25:38,122 --> 00:25:40,156
Mistake.
471
00:25:40,222 --> 00:25:42,989
[ Quiet Sigh ]
472
00:25:43,056 --> 00:25:47,322
He survived it.
Nine experts, 16 days--
we're still alive.
473
00:25:47,389 --> 00:25:51,056
Are you suggesting
we could win?
I didn't say that.
474
00:25:51,122 --> 00:25:53,389
None of those experts
proved power lines
couldn't cause cancer,
475
00:25:53,456 --> 00:25:55,322
but we didn't prove
that they can either.
476
00:25:55,389 --> 00:25:57,789
But just that
we're going into closing
with even a chance.
477
00:25:57,856 --> 00:25:59,822
He's in the conference room?
Don't. He's practicing
his summation.
478
00:25:59,889 --> 00:26:02,222
He got mad
when I walked in, so--
479
00:26:02,289 --> 00:26:04,222
I wish
you could've seen it.
480
00:26:04,289 --> 00:26:06,189
I'm goin' tomorrow.
481
00:26:17,022 --> 00:26:19,522
Jimmy?
482
00:26:24,989 --> 00:26:27,222
Jimmy. You okay?
483
00:26:29,356 --> 00:26:31,189
Hey.
[ Sighs ]
484
00:26:35,389 --> 00:26:37,256
Will you do it?
What?
485
00:26:37,322 --> 00:26:39,389
The closing.
486
00:26:39,456 --> 00:26:42,456
I-- I might be too close
to see straight.
487
00:26:42,522 --> 00:26:44,489
You're doing it.
488
00:26:44,556 --> 00:26:48,456
You're right where you wanna be,
going into summations
with the jury trusting you.
489
00:26:48,522 --> 00:26:52,522
You're here.
You can do this.
490
00:26:54,822 --> 00:26:57,656
Bobby asked you
to take over, didn't he?
491
00:26:57,722 --> 00:27:01,589
[ Sighs ]
He asked me
to be ready to.
492
00:27:01,656 --> 00:27:03,889
But it was never
necessary.
493
00:27:14,497 --> 00:27:16,997
[ Spectators Chattering ]
494
00:27:28,497 --> 00:27:30,364
Mr. Berluti.
495
00:27:40,431 --> 00:27:44,697
The trial part is over,
and we're in the same place
we started.
496
00:27:44,764 --> 00:27:47,831
Eleven people who livenear the power linesgot cancer.
497
00:27:47,897 --> 00:27:51,031
Did I prove it
with science? No.
498
00:27:51,097 --> 00:27:54,431
Did they disprove it?
No.
499
00:27:54,497 --> 00:27:57,064
We don't know what causes
cancer really.
500
00:27:57,131 --> 00:28:00,231
We only know what puts you
in a higher risk
of getting it.
501
00:28:00,297 --> 00:28:04,331
Living near the power lines
puts you at a higher risk.
502
00:28:04,397 --> 00:28:06,431
Evidence?
503
00:28:06,497 --> 00:28:08,564
Exhibits 1 through 7have been sitting hereevery day.
504
00:28:08,631 --> 00:28:11,731
You heard Mr. West suggest
it could've been well water.
505
00:28:11,797 --> 00:28:15,731
It could've been pesticides.
It could've been food
or this or that.
506
00:28:15,797 --> 00:28:17,664
Did they check
on any of these things?
507
00:28:17,731 --> 00:28:21,497
Did they do any studies--
run some tests
on water or dirt?
508
00:28:21,564 --> 00:28:24,864
Don't you think if they
suspected pesticides,
and people were dying,
509
00:28:24,931 --> 00:28:26,897
they'd check that out?
510
00:28:26,964 --> 00:28:30,797
They didn't.The only thing they studiedwas power lines.
511
00:28:30,864 --> 00:28:33,097
They hired Joel Helms
to study it.
512
00:28:33,164 --> 00:28:37,031
He found increased risk
of cancer.
513
00:28:37,097 --> 00:28:39,997
The government defenseto this lawsuit is,
514
00:28:40,064 --> 00:28:42,164
"They can't reallyprove it."
515
00:28:42,231 --> 00:28:46,397
And that is where
the real outrage lies,
ladies and gentlemen.
516
00:28:46,464 --> 00:28:50,597
Our people are getting sick,
getting brain tumors,
some even dying.
517
00:28:50,664 --> 00:28:54,397
Instead of finding out why,
instead of saying,
"Let's stop this,"
518
00:28:54,464 --> 00:28:58,464
they're saying, "Prove it.
And if you can't prove it,
we won't help you."
519
00:29:01,297 --> 00:29:05,831
A lawsuit-- any lawsuit--
is about allocating burden--
520
00:29:05,897 --> 00:29:10,297
who is best able to absorb
the responsibility.
521
00:29:10,364 --> 00:29:14,397
If people living near public
utilities start getting
clusters of cancer,
522
00:29:14,464 --> 00:29:16,997
I say that should put
a burden on the government,
523
00:29:17,064 --> 00:29:20,631
a burden to find out
what's going on.
524
00:29:20,697 --> 00:29:23,864
It isn't right for government
to just let people get cancer...
525
00:29:23,931 --> 00:29:27,464
and then fall back on,
"The data is inconclusive."
526
00:29:27,531 --> 00:29:29,431
That isn't right.
527
00:29:29,497 --> 00:29:32,597
Studies are out there, all over,
in this country and in Europe,
528
00:29:32,664 --> 00:29:36,197
making the argument that people
get sick from power lines.
529
00:29:36,264 --> 00:29:40,431
And our governmental response
is, "Inconclusive."
530
00:29:43,731 --> 00:29:45,897
See these people?
531
00:29:45,964 --> 00:29:47,931
They're ill.
532
00:29:47,997 --> 00:29:52,764
And collectively, they have
stories of suffering,
chemotherapy, pain--
533
00:29:52,831 --> 00:29:55,197
stories they did not tell you.
534
00:29:55,264 --> 00:29:57,231
I am privileged
to represent them.
535
00:29:57,297 --> 00:29:59,897
How do you put a value
on their lives?
536
00:29:59,964 --> 00:30:02,931
I won't ask you to.
537
00:30:02,997 --> 00:30:07,297
But I can put
a rough value on the cost
of the governmental admission...
538
00:30:07,364 --> 00:30:11,197
that power lines kill--
billions of dollars.
539
00:30:11,264 --> 00:30:14,764
Between tearing down
existing lines,
compensatory damages--
540
00:30:14,831 --> 00:30:16,864
billions of dollars.
541
00:30:16,931 --> 00:30:19,931
It's a lot cheaperto let a few people die,
542
00:30:19,997 --> 00:30:22,331
maybe a lot of people.
543
00:30:22,397 --> 00:30:25,697
Is that happening here?
I don't know.
544
00:30:25,764 --> 00:30:28,631
My data is "inconclusive."
545
00:30:28,697 --> 00:30:31,031
Ladies and gentlemen
of the jury,
546
00:30:31,097 --> 00:30:34,264
it's time to allocate
a burden.
547
00:30:41,064 --> 00:30:44,164
Uh, ladies and gentlemen,
548
00:30:44,231 --> 00:30:47,331
that was
a brilliant argument.
549
00:30:47,397 --> 00:30:50,597
Unfortunately
for Mr. Berluti,
it was for the defense.
550
00:30:52,431 --> 00:30:55,664
I'll ask you
to go back to that room
and accept him at his word.
551
00:30:55,731 --> 00:30:57,731
"They can't prove it."
552
00:30:57,797 --> 00:31:00,464
Now, it may be sound
legislative policy...
553
00:31:00,531 --> 00:31:04,197
to burden the government
with rooting out the causes
of this cancer.
554
00:31:04,264 --> 00:31:08,664
But for a lawsuit,
the plaintiff
must prove his case...
555
00:31:08,731 --> 00:31:10,597
by a preponderance
of the evidence.
556
00:31:10,664 --> 00:31:13,631
They didn't.Not only did theyskip over causation,
557
00:31:13,697 --> 00:31:17,597
they never evenaddressed negligenceor any theory of blame.
558
00:31:17,664 --> 00:31:22,131
The essence of their case--
"We have cancer. Give us money."
559
00:31:22,197 --> 00:31:26,431
Now, my heart goes out
to these people,
as should yours.
560
00:31:26,497 --> 00:31:29,897
But to win a lawsuit,
you need proof.
561
00:31:29,964 --> 00:31:33,231
And what proof
have they offered?
562
00:31:33,297 --> 00:31:35,297
"The government didn't
check out pesticides."
563
00:31:37,131 --> 00:31:39,597
[ People Chattering ]
564
00:31:42,364 --> 00:31:44,397
Jimmy, I got the clients
in the witness room.
565
00:31:44,464 --> 00:31:46,397
You should
probably say something
before we dismiss them.
566
00:31:46,464 --> 00:31:49,464
The deliberations could
take a long time, so--
Okay.
567
00:31:49,531 --> 00:31:52,597
That was a fantastic closing.
We have a chance.
568
00:31:52,664 --> 00:31:55,997
West was good.
Yes, he was.
569
00:31:56,064 --> 00:31:58,897
Come on.
Let's give them
a sense of parameters.
570
00:32:01,064 --> 00:32:04,297
[ Clears Throat ]
Two million.
571
00:32:05,431 --> 00:32:07,364
You have it.
572
00:32:09,097 --> 00:32:11,164
Too little, too late,
Mr. West.
573
00:32:11,231 --> 00:32:14,931
My clients said they'd
consider eight, nothing less.
574
00:32:14,997 --> 00:32:17,131
And I tend to believe them.
575
00:32:17,197 --> 00:32:20,564
Well, then, we'll wait
for the jury, won't we?
576
00:32:20,631 --> 00:32:23,031
Yes, we will.
577
00:32:28,897 --> 00:32:32,131
Are you out of your mind?
He's definitely authorized
to go higher.
578
00:32:32,197 --> 00:32:34,464
What's goin' on?
He just turned down
two million.
579
00:32:34,531 --> 00:32:37,797
They can go higher.
I don't think the clients
would say yes anyway.
580
00:32:37,864 --> 00:32:41,664
Jimmy, small detail--
You have to take it
to the clients first.
581
00:32:41,731 --> 00:32:45,197
I think they should grab it.
Is it still on the table?
582
00:32:45,264 --> 00:32:47,564
Shh! Shh!
583
00:32:51,764 --> 00:32:54,331
Four.
584
00:32:54,397 --> 00:32:58,331
I'd try to sell six.
585
00:32:58,397 --> 00:33:00,397
If you're worriedabout a quick verdict,you'd better go eight.
586
00:33:00,464 --> 00:33:02,731
'Cause they're definitely
sleeping on six.
587
00:33:02,797 --> 00:33:05,564
You have an obligation
to inform your clients
of any offer that's made.
588
00:33:05,631 --> 00:33:09,031
My clients told me
not to even bother them
unless it's eight,
589
00:33:09,097 --> 00:33:11,264
which they still mightsay no to.
590
00:33:15,997 --> 00:33:20,531
Six-- with a clock.
One hour.
591
00:33:23,731 --> 00:33:27,097
- I can't believe it!This is awesome!
- [ Excited Chattering ]
592
00:33:27,164 --> 00:33:30,364
Settle down.
Come on. Quiet.
593
00:33:30,431 --> 00:33:32,564
[ Banner ]
Payable today?
We didn't get that far.
594
00:33:32,631 --> 00:33:37,097
Look, we agreed
after last week
we'd go by majority rule.
595
00:33:37,164 --> 00:33:41,097
We're basically--
What are the numbers?
596
00:33:41,164 --> 00:33:45,164
Well, minus contingency,
plus costs-- around 3.9,
597
00:33:45,231 --> 00:33:48,464
which comes to, uh,
350,000 or so
per person.
598
00:33:48,531 --> 00:33:50,797
[ Banner ]
Well, shouldn't they
be paying more?
599
00:33:50,864 --> 00:33:52,564
Not enough.
I agree.
600
00:33:52,631 --> 00:33:55,264
- [ All Agreeing ]
- Wait a second.
Hold on. Hold on.
601
00:33:55,331 --> 00:33:57,464
I know your desire
to make a statement,
602
00:33:57,531 --> 00:34:01,631
but six million dollars
is not only a lot of money,
it's a huge statement.
603
00:34:01,697 --> 00:34:03,464
This is a total victory.
604
00:34:03,531 --> 00:34:07,064
If they're offering six,
their jury consultants
are telling them something.
605
00:34:07,131 --> 00:34:09,631
- That's good.
I like that.
- That may be true.
606
00:34:09,697 --> 00:34:12,264
But you have to realize
this is still a horrible case
causation-wise.
607
00:34:12,331 --> 00:34:15,331
Now Jimmy has pulled
a rabbit here--
608
00:34:15,397 --> 00:34:19,631
a six-million-dollar rabbit
out of a hat that nobody
gets to dig into.
609
00:34:19,697 --> 00:34:23,431
You have to take it.
It's absolute insanity
not to leap at it.
610
00:34:23,497 --> 00:34:25,897
Jimmy, what do you think?
611
00:34:28,397 --> 00:34:30,497
It's a crapshoot.
612
00:34:30,564 --> 00:34:32,931
But I've been
spending a lot of time
with you people.
613
00:34:32,997 --> 00:34:35,597
If you settle,make a deal,
614
00:34:35,664 --> 00:34:37,531
you won't
walk away happy.
615
00:34:37,597 --> 00:34:39,831
You didn't come here
looking to get a handshake.
616
00:34:39,897 --> 00:34:41,831
You came to geta judgment.
617
00:34:41,897 --> 00:34:44,964
Jimmy.
Just a second.
618
00:34:45,031 --> 00:34:47,331
If it's about money,
say yes.
619
00:34:47,397 --> 00:34:49,364
And this isa lot of money.
620
00:34:49,431 --> 00:34:51,831
But you've beentelling me all along...
621
00:34:51,897 --> 00:34:53,964
this is a fight about
something bigger.
622
00:34:54,031 --> 00:34:57,631
My vote--
tell 'em to stick it.
623
00:34:57,697 --> 00:35:00,897
That advice borders on
malpractice. You can't ignore--
[ Beal ] Hey!
624
00:35:00,964 --> 00:35:03,331
Who are you?
He's our lawyer.
625
00:35:03,397 --> 00:35:05,864
Are we all agreed?
626
00:35:05,931 --> 00:35:07,997
[ All Agreeing ]
Yeah. Uh-huh.
627
00:35:08,064 --> 00:35:10,264
The offer's rejected.
628
00:35:13,431 --> 00:35:15,464
Bobby!
629
00:35:15,531 --> 00:35:18,731
Ever accuse me of malpractice
in front of a client again,
I'll deck you.
630
00:35:18,797 --> 00:35:20,597
I'm tempted to report you
to the bar.
631
00:35:20,664 --> 00:35:22,997
This isn't about them
needing a victory.
It's about you.
632
00:35:23,064 --> 00:35:24,997
It's about
lifting some complex
off of your head.
633
00:35:25,064 --> 00:35:27,064
You can fire me
any time.
Don't think I won't!
634
00:35:27,131 --> 00:35:29,197
Cut it out!
Berluti?
This is private. Beat it.
635
00:35:29,264 --> 00:35:31,297
Fine, but your jury's
coming back.
636
00:35:35,464 --> 00:35:38,264
[ Spectators Murmuring ]
637
00:35:45,397 --> 00:35:47,897
Pretty fast.
You've reached a verdict?
638
00:35:47,964 --> 00:35:51,664
We have, Your Honor.
639
00:35:51,731 --> 00:35:53,597
What say you, Mr. Foreman?
640
00:35:55,497 --> 00:35:57,431
[ Foreman ]In the matterof Beal et al...
641
00:35:57,497 --> 00:36:00,697
versus Boston Power
and the Commonwealth
of Massachusetts,
642
00:36:00,764 --> 00:36:03,897
we find in favorof the defen--of the plaintiffs...
643
00:36:03,964 --> 00:36:08,564
and order Boston Power
to pay damages in the amount
of $2.6 million.
644
00:36:08,631 --> 00:36:11,964
We further order
the Commonwealth
of Massachusetts...
645
00:36:12,031 --> 00:36:14,864
to pay damages in the amount
of $36 million.
646
00:36:14,931 --> 00:36:18,864
[ Gasping, Muffled Shouting ]
647
00:36:18,931 --> 00:36:22,364
[ Judge ]Settle down.
648
00:36:22,431 --> 00:36:24,931
[ Laughing ]
649
00:36:24,997 --> 00:36:28,164
[ Gavel Rapping ]Settle down. Quiet.
650
00:36:28,231 --> 00:36:30,897
[ Gasping, Shouting Continue ]
[ Gavel Raps ]
651
00:36:30,964 --> 00:36:32,397
Settle.
[ Raps Gavel ]
652
00:36:32,464 --> 00:36:35,897
Anyone who doesn't settlewill be removed. Quiet.
653
00:36:35,964 --> 00:36:41,631
Your Honor, we, the defendants,
move for a judgment
notwithstanding the verdict.
654
00:36:41,697 --> 00:36:46,631
The Fairfield power linesmay very well have causedthese people cancer,
655
00:36:46,697 --> 00:36:49,297
but nothing has been
admitted into evidence
to establish it.
656
00:36:49,364 --> 00:36:52,897
The plaintiffsoffered no factsto prove causation.
657
00:36:52,964 --> 00:36:54,564
I was hoping the jury
would see that.
658
00:36:54,631 --> 00:36:58,297
Since you didn't do your job,
I have to do mine.
659
00:36:58,364 --> 00:37:00,764
Defendants' motionfor J.N.O.V. granted.
660
00:37:00,831 --> 00:37:02,664
I hereby enter judgment
for the defendant.
661
00:37:02,731 --> 00:37:06,464
We're adjourned.Jury dismissed.[ Gavel Raps ]
662
00:37:06,531 --> 00:37:09,164
Can-- Can he do that?
663
00:37:11,664 --> 00:37:15,431
[ Spectators Chattering ]
664
00:37:40,997 --> 00:37:45,964
First, your instinct
to reject the offer obviously
turned out to be right.
665
00:37:46,031 --> 00:37:49,164
Second, what you did
in this case...
666
00:37:49,231 --> 00:37:53,097
with-- with what you had,
what you were up against--
667
00:37:53,164 --> 00:37:56,331
it may be the best lawyering
I ever heard tale of.
668
00:37:56,397 --> 00:38:00,331
And that judge can't take
anything away from that,
Jimmy.
669
00:38:13,897 --> 00:38:15,997
Come on.
670
00:38:16,064 --> 00:38:18,097
Let me buy you
something to eat.
671
00:38:21,631 --> 00:38:24,264
I-- I got plans.
672
00:38:26,131 --> 00:38:29,997
Well, I didn't
wanna win anyway.
673
00:38:30,064 --> 00:38:33,164
I'm so used to being
a martyr by now,
674
00:38:33,231 --> 00:38:36,264
this whole thing would've
put me back in therapy.
675
00:38:36,331 --> 00:38:39,064
[ Beal ]
We're gonna appeal.
It's not over, right?
676
00:38:39,131 --> 00:38:42,531
Jimmy,
we'll appeal, right?
677
00:38:42,597 --> 00:38:44,597
Yes. We will.
678
00:38:44,664 --> 00:38:46,864
[ Rogers ]
The case will get
more attention this way.
679
00:38:46,931 --> 00:38:49,431
It couldn't be better
for public awareness.
680
00:38:49,497 --> 00:38:54,697
When they read that verdict,
I just saw a big boat.
[ All Laughing ]
681
00:38:54,764 --> 00:38:57,331
How can you all be laughing?
682
00:38:57,397 --> 00:39:00,897
Cheer up, Jimmy.
We got the verdict,
and that's what we wanted.
683
00:39:00,964 --> 00:39:03,064
Oh, let him
be depressed, David.
684
00:39:03,131 --> 00:39:05,364
He's the one that has
to live with this
the longest.
685
00:39:05,431 --> 00:39:09,164
[ All Laughing ]
686
00:39:27,331 --> 00:39:29,164
Jimmy, hey.
687
00:39:29,231 --> 00:39:31,231
How come
you're here so late?
688
00:39:31,297 --> 00:39:33,297
I'm just, uh,
catchin' up
on some things.
689
00:39:34,731 --> 00:39:37,164
You're crying.
690
00:39:37,231 --> 00:39:40,497
Oh, no. I, uh--
Maybe a little.
691
00:39:40,564 --> 00:39:43,964
They're okay, Lindsay.
I just came from them.
692
00:39:44,031 --> 00:39:47,097
They're doin'pretty good.
That's good.
693
00:39:51,231 --> 00:39:53,164
What?
694
00:39:56,564 --> 00:39:58,564
I was crying for you, Jimmy.
695
00:39:58,631 --> 00:40:01,431
You deserved--
I'm okay too.
696
00:40:03,464 --> 00:40:07,364
You know, I spend
half my time wondering
why I ever became a lawyer.
697
00:40:07,431 --> 00:40:11,031
You? But you're so good.
698
00:40:13,731 --> 00:40:15,997
The work can be
so dirty sometimes.
699
00:40:17,431 --> 00:40:19,331
But this trial--
700
00:40:23,097 --> 00:40:25,831
You reminded me
how noble lawyers can be.
701
00:40:28,797 --> 00:40:31,164
I was proud
to be at your side.
702
00:40:32,897 --> 00:40:34,997
Thank you.
703
00:40:36,664 --> 00:40:38,997
And this, um--
704
00:40:39,064 --> 00:40:41,197
You-- You should
be celebrating tonight.
705
00:40:44,764 --> 00:40:46,831
Yeah.
706
00:40:58,864 --> 00:41:01,364
[ Crying ]
707
00:41:35,731 --> 00:41:37,431
[ Woman ]You stinker!
59955
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