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1
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- Previously onthe "The Practice"...
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- [screams]
- What?
3
00:00:04,170 --> 00:00:06,080
- There's a head in the bag.
4
00:00:06,080 --> 00:00:08,000
- It's the woman I met
at the bar last night.
5
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- What are you doing
with her head?
6
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- I don't know.
Somebody put it in there.
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- George Vogelman,
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you are under arrestfor the murder of Susan Robin.
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- Give me one reason
I should speak to you.
10
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- The reason is,
I don't think
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00:00:18,090 --> 00:00:19,220
George Vogelman
killed your daughter.
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- Your buddy George
has a little
13
00:00:21,050 --> 00:00:23,160
home video library, Ellenor.
14
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- This isn't that perverted.
15
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- If this gets admitted
into evidence,
16
00:00:26,190 --> 00:00:28,030
George is gonna
look like a sicko--
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00:00:28,030 --> 00:00:29,140
- Let's mark up a motion
to suppress.
18
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- Some of the tapes
involve sexual scenes
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00:00:32,000 --> 00:00:33,130
which border on sadomasochism.
20
00:00:33,130 --> 00:00:34,190
- This is a homicide case.
21
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It is not a sex crime.
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- I want to see
the specific tapes
23
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we are talking about
before--
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- You would.
25
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- Ellenor, I will see
the tapes in question.
26
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Then I'll make my ruling.
27
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- Anderson Pearson,
my Staffordshire professor,
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he just shot somebody dead.
29
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- Did you think he was about
to kill you or your wife
30
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when you pulled the trigger?
31
00:00:54,070 --> 00:00:56,000
- Well, no,
not at that second, but--
32
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- So you do have some memory
of what you were thinking?
33
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- I didn't consciously pull it.
34
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It just went off.
35
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- You're trying to squeeze in
self defense, counsel.
36
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- We're not.
- It's a nice try.
37
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- You are shutting down
our whole defense.
38
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- I want our objection
noted for the record.
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- So noted.
Step back.
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- On the charge of murder
in the second degree,
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we find the defendant,
Anderson Pearson, guilty.
42
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- No!
43
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[indistinct conversation]
44
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[gentle music]
45
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♪ ♪
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- Could we possibly spread
a few more papers?
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In some places,
I can see the floor.
48
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- It's only for a couple
of days, Helen.
49
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It's not as if the floor
is clean underneath.
50
00:01:45,220 --> 00:01:48,030
- Is this the Pearson appeal?
- Yep.
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- You know, Lindsay,
52
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I don't mean
to sound pessimistic--
53
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- Then don't.
54
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- Okay, could you at least
clean the floor a little?
55
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This is a first date tonight.
- So?
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- So I'm not gonna bring a guy
into my bedroom
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on the first date.
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If we're gonna go to town,
it's gonna happen
59
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right here on this rug.
60
00:02:03,230 --> 00:02:05,190
Kidding, a joke.
61
00:02:05,190 --> 00:02:08,000
Come on, think back
to when you had a sense a humor.
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When was the last time
you even laughed?
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- Probably college.
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I came home one night,
and there you were going to town
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with some guy on the rug.
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Kidding.
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I thought you swore off
blind dates?
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- I did,
but Lisa Nicole
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promised I wouldn't
be disappointed.
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[doorbell rings]
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Here it goes.
72
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- Helen?
- Absolutely.
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Hi.
- Hi.
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Ready?
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- Absolutely.
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- [laughs]
77
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[upbeat funky music]
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♪ ♪
79
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- The biggest problem is,
the police aren't even
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looking for anybody else.
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They consider the case solved.
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- And their theory as to why
I would carry around her head?
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- You're sick.
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00:03:49,220 --> 00:03:51,120
- Look, George,
my office has already
85
00:03:51,120 --> 00:03:53,200
spent about $20,000
on private investigators.
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00:03:53,200 --> 00:03:55,030
I can't,
in good conscience,
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00:03:55,030 --> 00:03:57,130
ask my partners
to spend any more.
88
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Do you have access to any money?
89
00:04:00,040 --> 00:04:01,210
- I've been in here
for two months, Ellenor,
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with no income.
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I guess I could sell my car.
92
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I don't know what the value is.
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- All right, look,
we have that motion
94
00:04:12,070 --> 00:04:16,020
to suppress the videotapes
tomorrow, so...
95
00:04:16,020 --> 00:04:18,210
- Not that they're offering,
but would you be at all
96
00:04:18,210 --> 00:04:20,180
open to a plea?
97
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- What kind of plea?
98
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- Manslaughter...
99
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Insanity?
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- No.
101
00:04:32,210 --> 00:04:35,160
I wouldn't be open to that.
102
00:04:41,190 --> 00:04:43,180
- Complete transcripts
are expensive.
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- I asked for complete, Lucy.
104
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The hearing is scheduled
for this afternoon.
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00:04:46,150 --> 00:04:48,020
- Well, I can't listen
without ears,
106
00:04:48,020 --> 00:04:50,020
which I won't have
if you bite my head off.
107
00:04:50,020 --> 00:04:51,120
- What's going on?
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00:04:51,120 --> 00:04:52,200
- I asked for
all the trial transcripts.
109
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She only got pretrial.
110
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- It's' pretrial rulings
we're appealing.
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- I asked for them all.
- Chomp, chomp.
112
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Munch, munch.
- Lucy.
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00:04:59,080 --> 00:05:01,090
- Bobby, do you know
what Jimmy's case is about?
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00:05:01,090 --> 00:05:02,190
- His cousin,
wrongful termination?
115
00:05:02,190 --> 00:05:04,030
- Yes, but do you
know the details?
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- No.
- Yeah, he fired this worker--
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- What's the problem, Rebecca?
- The problem--
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- It's a two-day trial, tops.
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- His cousin fired this woman
for being Iranian.
120
00:05:12,180 --> 00:05:13,190
- He's being sued.
121
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I got to defend him.
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He's my cousin.
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- What's your defense?
- My defense?
124
00:05:18,170 --> 00:05:20,170
- Yes, on the charge
of wrongful termination,
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00:05:20,170 --> 00:05:22,200
what's your defense gonna be?
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- She's Iranian.
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It's a jury trial.
128
00:05:36,080 --> 00:05:37,140
- If those tapes
come into evidence,
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the jury's gonna be prejudiced,
130
00:05:39,050 --> 00:05:40,220
and that's exactly
why he wants to use them.
131
00:05:40,220 --> 00:05:43,090
- Sexual disorder
certainly may be relevant.
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00:05:43,090 --> 00:05:45,010
- He has an adult video
collection.
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That doesn't suggest
a sexual disorder,
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00:05:46,230 --> 00:05:49,030
and that's exactly the kind of
leap he wants the jury to make.
135
00:05:49,030 --> 00:05:51,230
- Your client allegedly cut off
a woman's head, Mr. Young.
136
00:05:51,230 --> 00:05:53,230
Are you afraid
the jury will think less of him
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00:05:53,230 --> 00:05:56,200
because of his film library?
138
00:05:56,200 --> 00:05:59,180
- The issue is
whether he cut off that head.
139
00:05:59,180 --> 00:06:02,090
That film library
is not relevant to that issue.
140
00:06:02,090 --> 00:06:05,200
It's only being introduced
to suggest some depravity.
141
00:06:05,200 --> 00:06:07,200
- And it's that pattern
of depravity
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that goes to the issue
of whether or not
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this man has the capacity
to behead somebody.
144
00:06:14,050 --> 00:06:16,100
- The tapes are inadmissible.
145
00:06:16,100 --> 00:06:18,170
What else?
- Your Honor?
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00:06:18,170 --> 00:06:20,070
- They're not coming
in, counsel.
147
00:06:24,200 --> 00:06:26,200
- They won't let you out
for the hearing.
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- I heard.
149
00:06:29,180 --> 00:06:31,150
- This is the supplemental
memorandum I'm filing.
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Basically,
we're gonna argue
151
00:06:33,090 --> 00:06:35,150
Judge Hiller was wrong not
to let us argue self-defense.
152
00:06:38,070 --> 00:06:41,060
- Okay, look.
153
00:06:41,060 --> 00:06:44,230
I had some of the lawyers
at my firm read the brief.
154
00:06:44,230 --> 00:06:48,090
They thought it was well written
155
00:06:48,090 --> 00:06:52,030
but ultimately,
unpersuasive.
156
00:06:52,030 --> 00:06:53,230
- Tell your lawyers
to go to the hearing.
157
00:06:53,230 --> 00:06:55,200
There's a reason
we have oral arguments.
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00:06:55,200 --> 00:06:58,140
- Oh, I didn't mean
to be critical.
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00:06:58,140 --> 00:07:02,170
I meant thank you
160
00:07:02,170 --> 00:07:05,080
for fighting so hard
161
00:07:05,080 --> 00:07:07,230
with so little to fight with.
162
00:07:07,230 --> 00:07:10,110
- There's no reason
we have to give up.
163
00:07:15,110 --> 00:07:18,210
- I had been promoted twice
within the last year,
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00:07:18,210 --> 00:07:21,180
and I was going to be promoted
to manager this January.
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- So things
were going well at work?
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- Very well.
167
00:07:25,100 --> 00:07:26,170
- And what happened?
168
00:07:26,170 --> 00:07:28,060
- Well, last March,
169
00:07:28,060 --> 00:07:30,170
I was getting ready
to leave on vacation and,
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00:07:30,170 --> 00:07:34,180
almost in passing, a coworker
asked me where I was going.
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I told him I was going home
to see my parents,
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and he asked me where home was.
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- Where is home?
- Iran.
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I was born there.
- And then what?
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00:07:44,050 --> 00:07:46,110
- Suddenly, I seemed
to be facing
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00:07:46,110 --> 00:07:49,220
kind of a cold front
in the office.
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00:07:49,220 --> 00:07:51,140
About a month later,
Mr. Martini
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00:07:51,140 --> 00:07:54,190
came to me and said
things weren't working out,
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and he let me go.
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00:07:57,010 --> 00:07:58,090
- Your relationship
with your coworkers,
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00:07:58,090 --> 00:08:00,060
you felt kind
of a cold front?
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- Yes.
183
00:08:01,140 --> 00:08:02,220
- In fact,
you went to my client
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00:08:02,220 --> 00:08:03,230
and complained about this,
right?
185
00:08:03,230 --> 00:08:05,060
- Yes.
186
00:08:05,060 --> 00:08:07,020
- People were being
insubordinate,
187
00:08:07,020 --> 00:08:08,090
isn't that the word you used?
188
00:08:08,090 --> 00:08:09,230
- I believe so.
189
00:08:09,230 --> 00:08:12,220
- Affecting your ability
to be a productive manager?
190
00:08:12,220 --> 00:08:14,080
- Yes.
191
00:08:14,080 --> 00:08:16,060
- Why did you come to America,
Ms. Bader?
192
00:08:16,060 --> 00:08:19,200
- I first came as an
exchange student in high school.
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Then I stayed on for college.
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Now I live here.
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00:08:23,060 --> 00:08:24,190
- As an American citizen?
196
00:08:24,190 --> 00:08:26,140
- No, on a visa.
197
00:08:26,140 --> 00:08:28,180
- Do you plan to become
an American citizen?
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00:08:28,180 --> 00:08:29,220
- Not really.
199
00:08:29,220 --> 00:08:33,020
- You like Iran?
- Yes.
200
00:08:33,020 --> 00:08:34,190
- How do you feel
about all the terrorism--
201
00:08:34,190 --> 00:08:36,160
- Objection!
- Sustained.
202
00:08:36,160 --> 00:08:38,230
Mr. Berluti, let's take care.
203
00:08:38,230 --> 00:08:42,180
- Ms. Bader,
you're a proud Iranian?
204
00:08:42,180 --> 00:08:44,190
- Yes.
205
00:08:44,190 --> 00:08:47,180
- You honor this flag?
206
00:08:47,180 --> 00:08:50,100
- Yes.
207
00:08:50,100 --> 00:08:52,050
- Thank you.
208
00:08:52,050 --> 00:08:53,050
That's all I have.
209
00:09:04,060 --> 00:09:05,230
- I've told the police
everything I know.
210
00:09:05,230 --> 00:09:08,170
- I understand,
and Jay,
211
00:09:08,170 --> 00:09:10,090
we realize
how hard this must be.
212
00:09:10,090 --> 00:09:12,200
- Please, don't insult
my intelligence.
213
00:09:12,200 --> 00:09:14,040
You're the guy's lawyer, so--
214
00:09:14,040 --> 00:09:15,100
- The guy who killed
your girlfriend
215
00:09:15,100 --> 00:09:17,040
is not George Vogelman.
216
00:09:17,040 --> 00:09:20,020
We think he was framed.
217
00:09:20,020 --> 00:09:21,130
- By who?
218
00:09:21,130 --> 00:09:22,220
- That we don't know.
219
00:09:22,220 --> 00:09:24,130
- One question
that keeps coming up
220
00:09:24,130 --> 00:09:27,010
is why would Susan
be alone in the bar drinking?
221
00:09:27,010 --> 00:09:29,120
Why would she go to a motel
with George Vogelman?
222
00:09:29,120 --> 00:09:31,180
By everybody's account,
this is out of her character.
223
00:09:31,180 --> 00:09:32,180
- It is.
224
00:09:32,180 --> 00:09:34,110
- Her father getting cancer,
225
00:09:34,110 --> 00:09:38,130
do you think she could have
been depressed about that?
226
00:09:38,130 --> 00:09:41,050
- Could be.
227
00:09:41,050 --> 00:09:42,090
- Could it be something else?
228
00:09:45,220 --> 00:09:48,150
- Jay, you seem like
an honest guy.
229
00:09:48,150 --> 00:09:51,040
We've got an innocent man
looking at conviction.
230
00:09:51,040 --> 00:09:53,000
Part of their case
is the notion
231
00:09:53,000 --> 00:09:56,030
that Susan could never have
gone off on some one-nighter.
232
00:09:56,030 --> 00:09:57,200
Can you think of anything
233
00:09:57,200 --> 00:10:00,100
that could possibly
explain why she would?
234
00:10:03,100 --> 00:10:07,100
- Police said this wouldn't
have to come out.
235
00:10:07,100 --> 00:10:10,070
- What?
236
00:10:10,070 --> 00:10:11,170
- I had been
237
00:10:11,170 --> 00:10:16,110
a little unfaithful
to Susan.
238
00:10:16,110 --> 00:10:20,110
That afternoon,
she caught me.
239
00:10:23,130 --> 00:10:25,060
- Do you think maybe
to retaliate
240
00:10:25,060 --> 00:10:28,170
she could've gone home
from the bar with some guy?
241
00:10:28,170 --> 00:10:31,030
Is that possible?
242
00:10:31,030 --> 00:10:34,120
- Ms. Frutt, I have spent
the last two months
243
00:10:34,120 --> 00:10:36,040
desperately trying
to convince myself
244
00:10:36,040 --> 00:10:38,090
that that isn't possible.
245
00:10:49,100 --> 00:10:50,100
REBECCA:
You ought to go down there
246
00:10:50,100 --> 00:10:51,130
and peak in that courtroom.
247
00:10:51,130 --> 00:10:52,180
- Rebecca.
- It's obscene.
248
00:10:52,180 --> 00:10:53,200
You want
the Anti-Defamation League
249
00:10:53,200 --> 00:10:55,040
picketing our office?
250
00:10:55,040 --> 00:10:56,070
- It's a trial.
Qualified immunity.
251
00:10:56,070 --> 00:10:57,180
- Well, that can excuse it.
252
00:10:57,180 --> 00:11:00,000
- This office is getting
way too hostile for me.
253
00:11:00,000 --> 00:11:01,200
- Why don't you just go and--
- Come on, Bobby.
254
00:11:01,200 --> 00:11:03,140
We're late.
255
00:11:12,210 --> 00:11:14,110
- She was the manager,
256
00:11:14,110 --> 00:11:17,130
and her leadership ability
was suffering.
257
00:11:17,130 --> 00:11:19,090
- Because she was Iranian?
258
00:11:19,090 --> 00:11:21,190
- I certainly don't agree
with the bigotry,
259
00:11:21,190 --> 00:11:23,100
but I have
a dry cleaners to run,
260
00:11:23,100 --> 00:11:27,220
and well,
it wasn't running so well.
261
00:11:27,220 --> 00:11:29,220
- What about calling a meeting,
262
00:11:29,220 --> 00:11:33,040
telling your employees
that bigotry won't be accepted?
263
00:11:33,040 --> 00:11:35,060
- It wasn't so much
what people were doing
264
00:11:35,060 --> 00:11:37,010
so much as
what they were feeling,
265
00:11:37,010 --> 00:11:41,150
and I mean,
I was powerless to control that.
266
00:11:41,150 --> 00:11:44,100
- And the feeling
was anti-Iranian?
267
00:11:44,100 --> 00:11:45,170
- Anti-Iranian.
268
00:11:45,170 --> 00:11:47,080
Anti-Arab.
269
00:11:47,080 --> 00:11:48,140
Basically Middle East.
270
00:11:48,140 --> 00:11:49,160
- And you agree
that this feeling
271
00:11:49,160 --> 00:11:51,040
was a form of prejudice?
272
00:11:51,040 --> 00:11:53,020
- Oh, of course.
- But you tolerated it?
273
00:11:53,020 --> 00:11:56,000
- Well--
- You fired her, Mr. Martini.
274
00:11:56,000 --> 00:11:58,040
We could say
you ratified the bigotry.
275
00:11:58,040 --> 00:12:00,150
- Well, you could,
but I had 18 workers
276
00:12:00,150 --> 00:12:01,210
come up and threaten to quit.
277
00:12:01,210 --> 00:12:03,110
My choice, basically,
278
00:12:03,110 --> 00:12:05,090
was either discharging
your client
279
00:12:05,090 --> 00:12:07,100
or facing Chapter 11.
280
00:12:07,100 --> 00:12:09,040
- I see.
281
00:12:09,040 --> 00:12:12,000
And if Ms. Bader were black
282
00:12:12,000 --> 00:12:13,190
and your workers
threatened to quit
283
00:12:13,190 --> 00:12:16,180
because they didn't want to work
with an African-American,
284
00:12:16,180 --> 00:12:18,030
would you have fired her?
285
00:12:18,030 --> 00:12:20,190
- Probably not.
- What's the difference?
286
00:12:20,190 --> 00:12:23,200
- Possibly none,
but complaining
287
00:12:23,200 --> 00:12:26,060
about the color
of a person's skin is--
288
00:12:26,060 --> 00:12:27,210
that's racism,
289
00:12:27,210 --> 00:12:30,150
which lies in hatred
and ignorance.
290
00:12:30,150 --> 00:12:33,050
I mean, here--here,
I feel there was
291
00:12:33,050 --> 00:12:34,210
some patriotism involved,
292
00:12:34,210 --> 00:12:39,100
and I guess it wasn't
quite as repulsive to me.
293
00:12:39,100 --> 00:12:41,010
- He willfully
withheld evidence.
294
00:12:41,010 --> 00:12:43,010
- I did no such thing.
- You have a duty to turn over--
295
00:12:43,010 --> 00:12:44,230
- Don't start with all of your--
- You just can't--
296
00:12:44,230 --> 00:12:47,210
- I don't listen
when two people talk.
297
00:12:47,210 --> 00:12:49,070
- They have an absolute duty
298
00:12:49,070 --> 00:12:51,160
to turn over
all exculpatory evidence.
299
00:12:51,160 --> 00:12:53,060
- Material evidence.
This--
300
00:12:53,060 --> 00:12:55,070
- Let him finish, please.
301
00:12:55,070 --> 00:12:57,160
- The boyfriend of the victim
provided the prosecution
302
00:12:57,160 --> 00:13:00,090
with a reason that the victim
may have gone to a bar
303
00:13:00,090 --> 00:13:03,110
and may have been predisposed
to a one night stand.
304
00:13:03,110 --> 00:13:05,130
He did not turn
that information over to us.
305
00:13:05,130 --> 00:13:07,020
- Why not?
306
00:13:07,020 --> 00:13:08,050
- We didn't consider it
307
00:13:08,050 --> 00:13:10,000
either material
or relevant.
308
00:13:10,000 --> 00:13:11,090
- What's the information?
309
00:13:11,090 --> 00:13:13,010
- She had caught him
that very day
310
00:13:13,010 --> 00:13:14,000
with another woman.
311
00:13:17,060 --> 00:13:19,060
- Mr. Tisbury,
the break you catch here
312
00:13:19,060 --> 00:13:21,150
is that this came out
before trial.
313
00:13:21,150 --> 00:13:23,130
- Your Honor, that statement--
314
00:13:23,130 --> 00:13:26,130
- As of this second,
I don't trust you.
315
00:13:26,130 --> 00:13:28,090
You're going into trial
with a judge
316
00:13:28,090 --> 00:13:30,050
who doesn't trust you.
317
00:13:30,050 --> 00:13:32,020
So if you're going
to make any more mistakes
318
00:13:32,020 --> 00:13:33,090
from this point on,
319
00:13:33,090 --> 00:13:36,110
I suggest you err
to their side.
320
00:13:36,110 --> 00:13:40,030
- There was no willful attempt
to withhold evidence.
321
00:13:40,030 --> 00:13:42,080
- Then how unfortunate
that I don't believe you.
322
00:13:45,130 --> 00:13:47,110
- My position
is that Judge Hiller erred
323
00:13:47,110 --> 00:13:49,140
when she denied our right
to assert self-defense.
324
00:13:49,140 --> 00:13:51,040
- I see no such denial
in the record.
325
00:13:51,040 --> 00:13:53,010
- If you read the transcript,
she threatened us
326
00:13:53,010 --> 00:13:54,070
with a bad jury instruction
327
00:13:54,070 --> 00:13:55,140
if we went the route
of self-defense.
328
00:13:55,140 --> 00:13:56,160
- It wasn't a ruling.
329
00:13:56,160 --> 00:13:58,030
- It was tantamount to a ruling.
330
00:13:58,030 --> 00:13:59,220
It had the effect
of shutting us down.
331
00:13:59,220 --> 00:14:01,210
- Are you now, suggesting
that it was self-defense,
332
00:14:01,210 --> 00:14:04,120
'cause that gives me
a problem, counsel.
333
00:14:04,120 --> 00:14:06,070
- Which is?
334
00:14:06,070 --> 00:14:08,180
- At trial, you argued that
the gun went off involuntarily.
335
00:14:08,180 --> 00:14:10,100
Your client testified to that,
336
00:14:10,100 --> 00:14:12,170
but now you're
saying self-defense.
337
00:14:12,170 --> 00:14:15,020
Did your client
commit perjury on the stand?
338
00:14:15,020 --> 00:14:17,000
- First of all,
this hearing
339
00:14:17,000 --> 00:14:19,150
is about Judge Hiller's ruling,
not my client's testimony.
340
00:14:19,150 --> 00:14:21,060
- So, we should ignore
the truth--
341
00:14:21,060 --> 00:14:24,080
- Secondly, defendants
can assert alternative defenses.
342
00:14:24,080 --> 00:14:26,190
We could've argued A,
he shot him self-defense,
343
00:14:26,190 --> 00:14:28,190
and B,
it went off involuntarily.
344
00:14:28,190 --> 00:14:29,190
That's permissible.
345
00:14:29,190 --> 00:14:31,090
What this hearing is about
346
00:14:31,090 --> 00:14:34,140
is Judge Hiller denying us
one of those defenses.
347
00:14:34,140 --> 00:14:35,170
- So basically you're saying
348
00:14:35,170 --> 00:14:37,110
had Judge Hiller
not cut you off,
349
00:14:37,110 --> 00:14:39,030
self-defense would've
been your theory.
350
00:14:39,030 --> 00:14:40,080
- Exactly.
351
00:14:40,080 --> 00:14:41,070
Are we all up to speed, now?
352
00:14:45,080 --> 00:14:48,080
- Do you really mean to be
snide with us, Ms. Dole?
353
00:14:48,080 --> 00:14:49,230
- Actually, yes.
354
00:14:49,230 --> 00:14:51,150
You wouldn't be
asking these questions
355
00:14:51,150 --> 00:14:53,080
if you'd read my brief.
356
00:14:53,080 --> 00:14:55,040
I'm discouraged
to realize you haven't.
357
00:14:55,040 --> 00:14:57,070
I hope you at least
reprimand your clerks.
358
00:14:57,070 --> 00:15:00,120
- Let's just
address your issue then.
359
00:15:00,120 --> 00:15:02,090
- She cut off self-defense
360
00:15:02,090 --> 00:15:05,150
because the victim wasn't
posing an imminent threat.
361
00:15:05,150 --> 00:15:07,040
That was wrong.
362
00:15:07,040 --> 00:15:10,030
The threat to my client
was both real and ongoing.
363
00:15:10,030 --> 00:15:11,150
Mr. Pearson
was in fear of his life
364
00:15:11,150 --> 00:15:12,220
at the time
he pulled the trigger.
365
00:15:12,220 --> 00:15:14,090
- The victim had no gun.
366
00:15:14,090 --> 00:15:17,180
Uh, my clerk
did highlight that part.
367
00:15:17,180 --> 00:15:20,040
- In defining "imminent,"
if you look at the cases,
368
00:15:20,040 --> 00:15:23,020
the courts basically
come down to these questions.
369
00:15:23,020 --> 00:15:24,230
Was there any alternative?
370
00:15:24,230 --> 00:15:26,140
Could he have used less force?
371
00:15:26,140 --> 00:15:27,190
Could he have escaped?
372
00:15:27,190 --> 00:15:29,050
Could he have retreated?
373
00:15:29,050 --> 00:15:30,190
Could he have just
held them at gunpoint
374
00:15:30,190 --> 00:15:32,020
until the police arrived?
375
00:15:32,020 --> 00:15:33,130
- In this situation,
the answer seems
376
00:15:33,130 --> 00:15:34,220
to be yes
to all of those options.
377
00:15:34,220 --> 00:15:36,230
- But the reality
for all of those options
378
00:15:36,230 --> 00:15:38,120
is that man would be back.
379
00:15:38,120 --> 00:15:40,130
- Perhaps,
but as Judge Hiller noted,
380
00:15:40,130 --> 00:15:42,070
we weren't at that point when--
381
00:15:42,070 --> 00:15:45,130
- And to require him to wait
till that point is unreasonable.
382
00:15:45,130 --> 00:15:47,090
- Are you asking us
to rewrite the law?
383
00:15:47,090 --> 00:15:50,210
- No, some states have
recognized a kidnap exception.
384
00:15:50,210 --> 00:15:52,140
Basically,
if a man kidnaps somebody
385
00:15:52,140 --> 00:15:54,130
and tells the victim
he's gonna kill them in a month,
386
00:15:54,130 --> 00:15:56,080
that victim doesn't have
to wait a whole month
387
00:15:56,080 --> 00:15:58,060
until he's allowed
to use deadly force.
388
00:15:58,060 --> 00:16:01,040
- True, but Mr. Pearson
wasn't kidnapped.
389
00:16:01,040 --> 00:16:02,190
- In effect, he was.
390
00:16:02,190 --> 00:16:04,070
He was basically held captive.
391
00:16:04,070 --> 00:16:05,070
He'd gone to the police.
392
00:16:05,070 --> 00:16:06,160
They couldn't help.
393
00:16:06,160 --> 00:16:08,230
He got a restraining order
from the court.
394
00:16:08,230 --> 00:16:10,000
It didn't help.
395
00:16:10,000 --> 00:16:11,190
The time was coming.
396
00:16:11,190 --> 00:16:13,040
And we're saying
Anderson Pearson
397
00:16:13,040 --> 00:16:15,190
should've waited
until the exact moment?
398
00:16:15,190 --> 00:16:17,050
Suppose Raymond Breyer
399
00:16:17,050 --> 00:16:18,190
came at night
while they were sleeping.
400
00:16:18,190 --> 00:16:20,120
- There is no evidence
of any direct threat
401
00:16:20,120 --> 00:16:21,130
to kill Mr. Pearson.
402
00:16:21,130 --> 00:16:23,170
- It was certainly implied.
403
00:16:23,170 --> 00:16:25,040
Yeah, I could argue
it was direct
404
00:16:25,040 --> 00:16:26,110
with a cat-and-mouse exchange,
405
00:16:26,110 --> 00:16:28,070
and whether
it was direct or not,
406
00:16:28,070 --> 00:16:31,200
Anderson Pearson had
a reasonable belief that it was.
407
00:16:31,200 --> 00:16:33,180
- Well, it still seems
like a reach to imply that--
408
00:16:33,180 --> 00:16:36,140
- But we're entitled
to that reach
409
00:16:36,140 --> 00:16:38,130
before a jury.
410
00:16:38,130 --> 00:16:40,140
Judge Hiller shut it down.
411
00:16:40,140 --> 00:16:42,200
It's error.
412
00:16:42,200 --> 00:16:45,200
[dramatic music]
413
00:16:45,200 --> 00:16:52,200
♪ ♪
414
00:16:52,200 --> 00:16:55,040
- "TIME" magazine on "Newsweek."
415
00:16:55,040 --> 00:16:58,080
- They went easier
on Ricky Jewell.
416
00:16:58,080 --> 00:16:59,190
Oh, listen to this.
417
00:16:59,190 --> 00:17:01,140
"Hapless podiatrist
whose social life
418
00:17:01,140 --> 00:17:03,150
"consisted of
pornography videos
419
00:17:03,150 --> 00:17:07,000
and women he met
through the personals."
420
00:17:07,000 --> 00:17:08,090
I was one of them.
421
00:17:08,090 --> 00:17:10,060
- Except you kept your head
about it.
422
00:17:14,080 --> 00:17:15,230
I've spoken to
every one of his friends.
423
00:17:15,230 --> 00:17:18,080
- And?
424
00:17:18,080 --> 00:17:21,120
- They all used three words
to describe him:
425
00:17:21,120 --> 00:17:24,210
gentle, kind, loner.
426
00:17:27,020 --> 00:17:28,220
- He's in trouble.
427
00:17:28,220 --> 00:17:32,070
- The girl's father and brother
have agreed to see me tomorrow.
428
00:17:32,070 --> 00:17:36,020
If they can't point us
some place,
429
00:17:36,020 --> 00:17:40,000
yeah, he's in trouble.
430
00:17:41,210 --> 00:17:43,080
HELEN: Did they rule?
LINDSAY: Tomorrow.
431
00:17:43,080 --> 00:17:44,190
It went well; I seemed
to have their attention.
432
00:17:44,190 --> 00:17:46,080
- Great, let's get some dinner.
- No.
433
00:17:46,080 --> 00:17:48,050
I'm gonna go back to the office,
get on Westlaw.
434
00:17:48,050 --> 00:17:50,010
You know, there's a new case
ruling like every ten minutes.
435
00:17:50,010 --> 00:17:51,110
- Lindsay, take a break.
436
00:17:51,110 --> 00:17:52,190
- I'll take a break
when it's over.
437
00:17:52,190 --> 00:17:53,190
- Is it ever gonna be over?
438
00:17:53,190 --> 00:17:54,220
- I'll see you at home.
439
00:17:58,120 --> 00:18:00,120
- Hey.
- Hey.
440
00:18:00,120 --> 00:18:02,120
- She's been up
till 3:00 in the morning
441
00:18:02,120 --> 00:18:03,160
every night since the trial.
442
00:18:03,160 --> 00:18:05,050
It's like some quest.
443
00:18:05,050 --> 00:18:07,080
- Helen, she's close to him.
444
00:18:07,080 --> 00:18:08,110
You know, she might win.
445
00:18:08,110 --> 00:18:11,150
- Oh, come on,
overturn Hiller?
446
00:18:11,150 --> 00:18:14,230
- You should've seen her.
447
00:18:14,230 --> 00:18:17,030
- You went to Mr. Martini
and complained?
448
00:18:17,030 --> 00:18:18,170
- I did.
449
00:18:18,170 --> 00:18:20,120
- Threatened to quit, even,
if she worked there?
450
00:18:20,120 --> 00:18:22,030
- Yes.
451
00:18:22,030 --> 00:18:23,100
- Because you didn't want
to work side-by-side
452
00:18:23,100 --> 00:18:25,210
with a person
of Iranian descent?
453
00:18:25,210 --> 00:18:28,110
- I don't have a problem
with her as a person, but--
454
00:18:28,110 --> 00:18:32,040
- But what?
455
00:18:32,040 --> 00:18:34,020
- I'm not over
the hostage thing.
456
00:18:34,020 --> 00:18:35,140
I admit it.
457
00:18:35,140 --> 00:18:37,000
- Mr. Harper,
that was almost 20 years ago.
458
00:18:37,000 --> 00:18:38,140
- I really don't care.
459
00:18:38,140 --> 00:18:39,190
It all comes back.
460
00:18:39,190 --> 00:18:41,150
I see burning American flags.
461
00:18:41,150 --> 00:18:42,230
I see Khomeini.
462
00:18:42,230 --> 00:18:44,100
I get all pent up with anger.
463
00:18:44,100 --> 00:18:45,130
- But this woman
wasn't in government.
464
00:18:45,130 --> 00:18:46,230
How--
465
00:18:46,230 --> 00:18:48,230
- The Iranian people
cheered that government,
466
00:18:48,230 --> 00:18:50,230
and they never apologized.
467
00:18:50,230 --> 00:18:52,100
And our government,
468
00:18:52,100 --> 00:18:54,210
we just forgave them
because they got oil.
469
00:18:54,210 --> 00:18:56,230
Well, I can't forgive them.
470
00:18:56,230 --> 00:19:00,100
- This woman was nine years old
during the hostage crisis.
471
00:19:00,100 --> 00:19:03,010
- Well, she's old enough now
to make a judgment.
472
00:19:03,010 --> 00:19:04,150
And when she looks me in the eye
473
00:19:04,150 --> 00:19:06,140
and says, "I'm proud
to be an Iranian,"
474
00:19:06,140 --> 00:19:09,040
I don't want to work
side-by-side with her.
475
00:19:09,040 --> 00:19:11,060
- Did she ever engage
in any political
476
00:19:11,060 --> 00:19:12,220
or religious discourse at work?
477
00:19:12,220 --> 00:19:14,180
- No,
and I'm sure
478
00:19:14,180 --> 00:19:17,200
she personally has never
blown up in embassy,
479
00:19:17,200 --> 00:19:20,100
but imagine,
they're carrying signs
480
00:19:20,100 --> 00:19:22,020
that say,
"Death to the U.S."
481
00:19:22,020 --> 00:19:24,220
and here she is,
in our country, suing for a job.
482
00:19:24,220 --> 00:19:27,090
Ask me, the turban must've
been wrapped too tight.
483
00:19:31,080 --> 00:19:32,220
- That last remark
was unnecessary.
484
00:19:32,220 --> 00:19:34,170
- You asked me to testify
and tell my feelings.
485
00:19:34,170 --> 00:19:36,060
- Just the same,
you basically stood up
486
00:19:36,060 --> 00:19:37,080
and declared yourself a bigot.
487
00:19:37,080 --> 00:19:38,230
- I am prejudiced on this,
488
00:19:38,230 --> 00:19:42,200
but I think this is
a bigotry I'm entitled to.
489
00:19:42,200 --> 00:19:45,210
- You're not the person
I thought I knew, Ron.
490
00:19:45,210 --> 00:19:47,100
- Sally,
I know I'm blaming you
491
00:19:47,100 --> 00:19:49,100
for something that has
nothing to do with you.
492
00:19:49,100 --> 00:19:51,030
That doesn't mean I'm above it.
493
00:19:51,030 --> 00:19:53,160
- All right, you're represented
by counsel, Ms. Bader.
494
00:19:53,160 --> 00:19:56,030
It's not appropriate
for us to have communication.
495
00:19:56,030 --> 00:20:00,010
- Yes, we wouldn't want
to be inappropriate, would we?
496
00:20:01,200 --> 00:20:04,070
- Excuse me one second.
497
00:20:05,090 --> 00:20:08,100
Ms. Bader, listen.
498
00:20:08,100 --> 00:20:11,000
I hope you don't
take it personal, things I say.
499
00:20:11,000 --> 00:20:13,030
I have to put on a defense.
500
00:20:13,030 --> 00:20:15,130
- You're saying I should be
ashamed of my descent,
501
00:20:15,130 --> 00:20:17,020
Mr. Berluti.
502
00:20:17,020 --> 00:20:19,200
It's difficult
not to take it personally.
503
00:20:21,050 --> 00:20:22,090
- I'm the lawyer.
504
00:20:22,090 --> 00:20:23,200
I got to--
505
00:20:23,200 --> 00:20:25,040
- You're a little too good.
506
00:20:36,020 --> 00:20:37,130
- Can I at least
make you a cup of coffee?
507
00:20:37,130 --> 00:20:39,050
- No, no, really I'm fine.
- Really?
508
00:20:39,050 --> 00:20:42,230
I feel like I should
at least--no?
509
00:20:42,230 --> 00:20:44,160
- All lawyers work this hard?
510
00:20:44,160 --> 00:20:47,180
- Hmm, big case.
511
00:20:47,180 --> 00:20:48,200
Call me.
512
00:20:48,200 --> 00:20:50,020
- I will.
513
00:20:55,100 --> 00:20:56,230
- Bye.
514
00:20:56,230 --> 00:20:58,140
- I'll see you.
515
00:21:01,150 --> 00:21:03,020
- Morning.
516
00:21:03,020 --> 00:21:04,180
- You slept with him
on a second date?
517
00:21:04,180 --> 00:21:07,070
- I didn't really
sleep sleep with him.
518
00:21:07,070 --> 00:21:09,080
We fell asleep watching TV,
519
00:21:09,080 --> 00:21:11,080
which wouldn't have happened,
by the way,
520
00:21:11,080 --> 00:21:12,190
if I didn't have
to bring him in there
521
00:21:12,190 --> 00:21:15,150
to escape your command post.
522
00:21:15,150 --> 00:21:16,210
What is all this?
523
00:21:16,210 --> 00:21:18,100
Oral arguments are over.
524
00:21:18,100 --> 00:21:21,070
- This is on sentencing,
should we lose the appeal.
525
00:21:21,070 --> 00:21:24,150
- Mm, part of me
hopes you do lose.
526
00:21:26,180 --> 00:21:29,100
I'm a little afraid
if you win, Lindsay.
527
00:21:29,100 --> 00:21:31,120
A new trial--
528
00:21:31,120 --> 00:21:33,140
can you survive going through
all of this again?
529
00:21:33,140 --> 00:21:35,130
- The trial was easy.
530
00:21:35,130 --> 00:21:38,030
Losing it was hard.
531
00:21:38,030 --> 00:21:40,120
- I'm a little
concerned about you.
532
00:21:40,120 --> 00:21:44,010
- I'm fine.
533
00:21:44,010 --> 00:21:45,200
- Withdrawal?
534
00:21:45,200 --> 00:21:47,190
- What that woman said to me,
535
00:21:47,190 --> 00:21:49,210
I'm having
a hard time shaking it.
536
00:21:49,210 --> 00:21:51,180
- You're about to start
closing arguments.
537
00:21:51,180 --> 00:21:53,020
- I know.
538
00:21:53,020 --> 00:21:54,150
I'm just not sure it's in me.
539
00:21:54,150 --> 00:21:57,090
I don't want
to let my cousin down, but--
540
00:21:57,090 --> 00:22:00,000
- Jimmy, if you came to me
with this case in the beginning,
541
00:22:00,000 --> 00:22:01,100
I would have stopped you
from taking it.
542
00:22:01,100 --> 00:22:02,220
It's offensive.
543
00:22:02,220 --> 00:22:05,120
It puts a bad light on you
and the firm,
544
00:22:05,120 --> 00:22:08,110
but there's no way
you can bail at closings.
545
00:22:08,110 --> 00:22:11,210
I mean,
it's not even a question.
546
00:22:11,210 --> 00:22:14,100
- Yeah, I guess.
547
00:22:19,020 --> 00:22:21,130
- And Jimmy,
548
00:22:21,130 --> 00:22:23,170
don't phone it in.
549
00:22:27,000 --> 00:22:29,130
- The police discouraged us
from talking to you.
550
00:22:29,130 --> 00:22:31,070
- As I told your dad,
I'm convinced
551
00:22:31,070 --> 00:22:32,070
they got the wrong guy.
552
00:22:32,070 --> 00:22:33,190
And if they do,
553
00:22:33,190 --> 00:22:35,120
that means that this thing
was either
554
00:22:35,120 --> 00:22:36,220
a mission
to frame George Vogelman,
555
00:22:36,220 --> 00:22:38,200
or somebody
was after your sister.
556
00:22:38,200 --> 00:22:40,230
- And as we told the police,
we don't know
557
00:22:40,230 --> 00:22:42,190
of any such person
who would want to harm her.
558
00:22:42,190 --> 00:22:44,170
- Her boyfriend, Jay,
did you ever
559
00:22:44,170 --> 00:22:47,170
see any predisposition
with him and your sister?
560
00:22:47,170 --> 00:22:49,200
- Jay?
- I'm grasping, Steve.
561
00:22:49,200 --> 00:22:52,020
- Jay's sweet kid.
562
00:22:52,020 --> 00:22:53,200
- Did he ever show a temper?
563
00:22:53,200 --> 00:22:55,010
What if he had
followed your sister,
564
00:22:55,010 --> 00:22:56,070
found her with George Vogelman--
565
00:22:56,070 --> 00:22:59,120
- Jay couldn't have done this.
566
00:22:59,120 --> 00:23:02,080
- Did your sister--
567
00:23:02,080 --> 00:23:04,140
is it possible
that your sister
568
00:23:04,140 --> 00:23:06,170
could have kept
some part of her life secret?
569
00:23:06,170 --> 00:23:10,150
- Mr. Young, I feel I know
my daughter pretty good.
570
00:23:10,150 --> 00:23:13,090
Truth is I can't believe
in a million years
571
00:23:13,090 --> 00:23:15,190
that she'd go to some motel
572
00:23:15,190 --> 00:23:17,110
with a guy she met in a bar,
573
00:23:17,110 --> 00:23:18,190
which leads me to think
574
00:23:18,190 --> 00:23:20,080
that your guy
had to have done it.
575
00:23:20,080 --> 00:23:22,030
- But, Mr. Robin,
576
00:23:22,030 --> 00:23:24,150
you couldn't believe she would
even go to a bar alone,
577
00:23:24,150 --> 00:23:26,150
so, it's possible that--
578
00:23:26,150 --> 00:23:29,030
Steve, help me out.
579
00:23:29,030 --> 00:23:31,040
Is there some other side to her?
580
00:23:31,040 --> 00:23:35,010
- If there was,
I never saw it.
581
00:23:35,010 --> 00:23:37,170
The only--
582
00:23:37,170 --> 00:23:40,080
- What?
583
00:23:40,080 --> 00:23:41,220
The only what?
584
00:23:41,220 --> 00:23:45,080
- She did spend
a lot of time on the Internet
585
00:23:45,080 --> 00:23:47,110
talking at people
she didn't know.
586
00:23:47,110 --> 00:23:50,010
- Would you say that in court?
587
00:23:50,010 --> 00:23:53,200
- I don't know.
588
00:23:53,200 --> 00:23:55,090
I guess.
589
00:24:14,100 --> 00:24:16,020
- After careful review,
590
00:24:16,020 --> 00:24:18,180
we agree with
Ms. Dole's position
591
00:24:18,180 --> 00:24:21,110
that self-defense
should have been available
592
00:24:21,110 --> 00:24:23,150
to the defendant at trial.
593
00:24:23,150 --> 00:24:26,010
Whether the danger
posed to Mr. Pearson
594
00:24:26,010 --> 00:24:27,200
was eminent enough
to justify
595
00:24:27,200 --> 00:24:31,050
the use of excessive force,
it's a question of fact,
596
00:24:31,050 --> 00:24:33,220
which should've been
offered to the jury.
597
00:24:33,220 --> 00:24:36,170
We, therefore, rule
that Judge Hiller's position
598
00:24:36,170 --> 00:24:38,190
was an error.
599
00:24:38,190 --> 00:24:42,100
However, it is not evident
on the record
600
00:24:42,100 --> 00:24:45,130
that Judge Hiller
actually ruled in this matter,
601
00:24:45,130 --> 00:24:48,020
thereby prohibiting
self-defense,
602
00:24:48,020 --> 00:24:50,150
and if defense counsel's
assertion is true
603
00:24:50,150 --> 00:24:54,050
that her warning was,
in effect, a ruling,
604
00:24:54,050 --> 00:24:57,210
then the proper procedure
was interlocutory appeal,
605
00:24:57,210 --> 00:25:00,140
which was waived
by preceding the trial.
606
00:25:00,140 --> 00:25:02,150
The conviction
of Anderson Pearson,
607
00:25:02,150 --> 00:25:05,000
therefore, stands.
608
00:25:05,000 --> 00:25:07,010
We're adjourned.
609
00:25:25,110 --> 00:25:28,200
- It's easy to hate Iranians,
isn't it?
610
00:25:28,200 --> 00:25:30,030
And Arabs?
611
00:25:30,030 --> 00:25:33,200
They blow up
airplanes, buildings.
612
00:25:33,200 --> 00:25:36,000
When that bomb went off
in Oklahoma City,
613
00:25:36,000 --> 00:25:38,120
we all had the same
in knee-jerk reaction,
614
00:25:38,120 --> 00:25:42,100
probably some
Middle East terrorist.
615
00:25:42,100 --> 00:25:46,070
Let's admit it;
we don't like these people.
616
00:25:46,070 --> 00:25:48,090
And I understand the sentiment.
617
00:25:48,090 --> 00:25:50,060
Many of us share
Mr. Harper's frustration
618
00:25:50,060 --> 00:25:51,160
with the hostage crisis.
619
00:25:51,160 --> 00:25:53,230
That's an old but deep wound.
620
00:25:53,230 --> 00:25:56,040
But I take exception
to his message
621
00:25:56,040 --> 00:25:58,180
that it's good old
American patriotism
622
00:25:58,180 --> 00:26:02,180
to discriminate against anyone
from the Middle East.
623
00:26:02,180 --> 00:26:06,000
That's not the country I know.
624
00:26:06,000 --> 00:26:08,120
America stands for tolerance.
625
00:26:08,120 --> 00:26:10,130
The United States
rebelled against oppression,
626
00:26:10,130 --> 00:26:13,220
against prejudice.
627
00:26:13,220 --> 00:26:15,140
Or do we?
628
00:26:15,140 --> 00:26:17,040
Mr. Harper's statement,
629
00:26:17,040 --> 00:26:19,000
"Hey, she makes me angry
'cause of Khomeini,"
630
00:26:19,000 --> 00:26:20,170
that's like saying,
631
00:26:20,170 --> 00:26:23,180
"Hey, the Japanese stir up
these Pearl Harbor memories.
632
00:26:23,180 --> 00:26:26,010
Let's get rid of them."
633
00:26:26,010 --> 00:26:28,040
We did that here once,
remember?
634
00:26:28,040 --> 00:26:30,030
Rounded up
all the Japanese,
635
00:26:30,030 --> 00:26:31,150
threw them in internment camps.
636
00:26:31,150 --> 00:26:33,050
Didn't matter
they were U.S. citizens.
637
00:26:33,050 --> 00:26:34,170
Didn't matter
they were innocent.
638
00:26:34,170 --> 00:26:38,030
They were of Japanese descent.
639
00:26:38,030 --> 00:26:40,020
And this country,
640
00:26:40,020 --> 00:26:43,080
we're ashamed of that
little piece of history.
641
00:26:43,080 --> 00:26:45,120
Well, here we go again,
642
00:26:45,120 --> 00:26:48,170
because today's Cold War
643
00:26:48,170 --> 00:26:52,130
is against terrorism,
644
00:26:52,130 --> 00:26:55,040
and it's just so easy
to hate the towel heads,
645
00:26:55,040 --> 00:26:56,220
isn't it?
646
00:27:01,210 --> 00:27:03,060
- She may have hooked up
with some psycho
647
00:27:03,060 --> 00:27:04,060
from the Internet.
648
00:27:04,060 --> 00:27:05,100
Maybe he was stalking her?
649
00:27:05,100 --> 00:27:06,210
- Even so.
- What, even so?
650
00:27:06,210 --> 00:27:08,060
Can your guys
start running that down?
651
00:27:08,060 --> 00:27:09,110
- Ellenor, again,
off the record.
652
00:27:09,110 --> 00:27:10,180
- Sure.
653
00:27:10,180 --> 00:27:12,180
- This case
is pretty hot copy.
654
00:27:12,180 --> 00:27:15,040
The police want to mark
"Solved" on the file.
655
00:27:15,040 --> 00:27:17,180
The DA's office
wants to mark "Conviction."
656
00:27:17,180 --> 00:27:19,040
If anything turns up indicating
657
00:27:19,040 --> 00:27:20,140
it could have been
somebody else,
658
00:27:20,140 --> 00:27:23,010
forget about
getting a conviction.
659
00:27:23,010 --> 00:27:25,000
Your guy was last seen with her.
660
00:27:25,000 --> 00:27:26,020
He had her head.
661
00:27:26,020 --> 00:27:27,150
If George Vogelman didn't do it,
662
00:27:27,150 --> 00:27:29,160
he certainly represents
reasonable doubt
663
00:27:29,160 --> 00:27:30,200
for whoever did.
664
00:27:30,200 --> 00:27:32,000
- What are you saying?
665
00:27:32,000 --> 00:27:33,030
They'd rather get a conviction
666
00:27:33,030 --> 00:27:34,030
than catch the right guy?
667
00:27:34,030 --> 00:27:35,060
- Not really,
668
00:27:35,060 --> 00:27:36,160
but their need for a conviction
669
00:27:36,160 --> 00:27:38,190
helps them to think
they have the right guy.
670
00:27:38,190 --> 00:27:40,230
- Oh, that's great.
671
00:27:40,230 --> 00:27:42,140
What's the punch line, Helen?
672
00:27:42,140 --> 00:27:45,010
- They're not gonna
reopen the investigation.
673
00:27:48,110 --> 00:27:51,060
- When this trial started,
I got to admit,
674
00:27:51,060 --> 00:27:52,150
I was one of those people
675
00:27:52,150 --> 00:27:54,230
who sometimes
have those thoughts.
676
00:27:54,230 --> 00:27:56,140
See some terrorist attack
on the news,
677
00:27:56,140 --> 00:27:57,230
I'd say,
"To hell with all of them."
678
00:27:57,230 --> 00:28:00,030
A lot of people
in this country
679
00:28:00,030 --> 00:28:02,000
think the best thing
about Iranians
680
00:28:02,000 --> 00:28:04,140
is that they kill Iraqis.
681
00:28:04,140 --> 00:28:05,230
But in Ms. Bader,
682
00:28:05,230 --> 00:28:10,110
you saw a woman of dignity,
integrity,
683
00:28:10,110 --> 00:28:13,050
and,
not that this is relevant,
684
00:28:13,050 --> 00:28:17,000
but having somebody like her
as the mother of my children,
685
00:28:17,000 --> 00:28:19,050
I should be so lucky.
686
00:28:19,050 --> 00:28:22,030
But this isn't about her.
687
00:28:22,030 --> 00:28:25,030
It's about the actions
of Peter Martini.
688
00:28:25,030 --> 00:28:28,020
Was his firing
of her reasonable?
689
00:28:28,020 --> 00:28:30,030
Under normal times, no,
690
00:28:30,030 --> 00:28:34,020
but with what's
going on today, yes.
691
00:28:34,020 --> 00:28:36,120
True, he could have said,
"Prejudice is prejudice,"
692
00:28:36,120 --> 00:28:38,010
and not fired her,
693
00:28:38,010 --> 00:28:39,180
in which case,
his staff might have quit,
694
00:28:39,180 --> 00:28:41,170
and he'd be out of business.
695
00:28:41,170 --> 00:28:44,070
And as for
the prejudice itself,
696
00:28:44,070 --> 00:28:48,130
sorry, but it's not the same
as bigotry against blacks.
697
00:28:48,130 --> 00:28:51,160
This is different.
698
00:28:51,160 --> 00:28:53,100
There's a war going on here.
699
00:28:53,100 --> 00:28:56,010
Like Ms. Wharton said,
and the president said,
700
00:28:56,010 --> 00:29:00,050
terrorism is today's war.
701
00:29:00,050 --> 00:29:02,050
Somebody who didn't
look like a killer
702
00:29:02,050 --> 00:29:04,120
put a bomb
in the World Trade Center.
703
00:29:04,120 --> 00:29:08,010
We can expect more such attacks
since we bombed Sudan.
704
00:29:08,010 --> 00:29:10,170
And I don't mean to suggest
for one second
705
00:29:10,170 --> 00:29:14,210
that Ms. Bader is connected
in any way to anything bad,
706
00:29:14,210 --> 00:29:18,050
but it is people's right
to be afraid.
707
00:29:18,050 --> 00:29:21,220
Our government is telling us
to be afraid.
708
00:29:21,220 --> 00:29:23,130
This war,
709
00:29:23,130 --> 00:29:27,060
the battlefields are subways,
buildings, airports,
710
00:29:27,060 --> 00:29:28,190
who knows where.
711
00:29:28,190 --> 00:29:31,230
And as the president said,
the Republicans too,
712
00:29:31,230 --> 00:29:35,020
in our fight
against fanaticism,
713
00:29:35,020 --> 00:29:40,000
innocent people will
unfortunately be victims.
714
00:29:40,000 --> 00:29:43,090
I think the question you have
to ask yourselves is this:
715
00:29:43,090 --> 00:29:47,100
if an Iranian or Arab
came to you looking for work,
716
00:29:47,100 --> 00:29:48,170
would you hire them,
717
00:29:48,170 --> 00:29:51,170
knowing it would
upset personnel?
718
00:29:51,170 --> 00:29:55,020
If you can answer that question
with an easy, "Yes,"
719
00:29:55,020 --> 00:29:57,060
fine for the plaintiff.
720
00:29:57,060 --> 00:30:00,110
But if your answer is,
"Probably not,"
721
00:30:00,110 --> 00:30:03,190
all I ask is
that you go back there
722
00:30:03,190 --> 00:30:05,220
and be honest with yourselves.
723
00:30:10,060 --> 00:30:13,060
[dramatic music]
724
00:30:13,060 --> 00:30:21,050
♪ ♪
725
00:30:40,080 --> 00:30:41,190
- Go home.
726
00:30:41,190 --> 00:30:46,110
- I would,
but it cramps Helen's love life.
727
00:30:46,110 --> 00:30:48,150
- Lindsay.
728
00:30:48,150 --> 00:30:51,060
Go home.
729
00:30:51,060 --> 00:30:53,010
- And do what?
730
00:30:53,010 --> 00:30:54,020
Put my feet up,
watch a movie
731
00:30:54,020 --> 00:30:55,110
while he sits in jail just--
732
00:30:55,110 --> 00:30:58,060
- You've done
everything you can.
733
00:31:00,080 --> 00:31:03,160
I was in the back
of that appeals court.
734
00:31:03,160 --> 00:31:05,100
I've never seen
a better performance
735
00:31:05,100 --> 00:31:10,070
by any lawyer anywhere.
736
00:31:10,070 --> 00:31:11,230
But it's over.
737
00:31:11,230 --> 00:31:14,090
You have to
let go of it now.
738
00:31:17,160 --> 00:31:19,190
- Doesn't it bother you?
739
00:31:19,190 --> 00:31:21,010
That he's facing
life imprisonment
740
00:31:21,010 --> 00:31:22,070
because of our screw-up,
because--
741
00:31:22,070 --> 00:31:23,120
- He's facing prison
742
00:31:23,120 --> 00:31:25,110
because he shot
and killed a man.
743
00:31:25,110 --> 00:31:26,170
- No, Bobby,
it's because we blew it,
744
00:31:26,170 --> 00:31:27,170
especially you.
745
00:31:27,170 --> 00:31:29,000
You screwed up the most.
746
00:31:29,000 --> 00:31:30,100
- Me?
- Yes, you.
747
00:31:30,100 --> 00:31:32,220
That ridiculous
involuntary argument.
748
00:31:32,220 --> 00:31:33,220
It was stupid,
and you know
749
00:31:33,220 --> 00:31:34,220
why we went with it?
750
00:31:34,220 --> 00:31:35,230
Because it was a brainstorm.
751
00:31:35,230 --> 00:31:37,040
You got all high off the idea
752
00:31:37,040 --> 00:31:38,140
like you always do
over stunts.
753
00:31:38,140 --> 00:31:40,050
If it's novel,
you want to try it,
754
00:31:40,050 --> 00:31:43,030
and because we did,
a good man has lost his life.
755
00:31:44,090 --> 00:31:47,070
- Is that we you think?
- Yes.
756
00:31:47,070 --> 00:31:48,150
And we screwed up
by not appealing
757
00:31:48,150 --> 00:31:49,180
Judge Hiller's ruling.
758
00:31:49,180 --> 00:31:51,050
That's what cost us that appeal.
759
00:31:51,050 --> 00:31:52,220
It was malpractice.
760
00:31:52,220 --> 00:31:55,050
You know, the only upside is,
it gives us new grounds.
761
00:31:55,050 --> 00:31:56,120
What you see on this table
762
00:31:56,120 --> 00:32:00,060
is research
on inadequate counsel.
763
00:32:06,140 --> 00:32:10,090
All the drug dealers I have
put back out there, and him--
764
00:32:10,090 --> 00:32:11,220
- Okay.
765
00:32:13,050 --> 00:32:21,040
♪ ♪
766
00:32:42,020 --> 00:32:44,170
- You gonna
wait here all day?
767
00:32:44,170 --> 00:32:47,220
- They said they're close
to a verdict.
768
00:32:47,220 --> 00:32:49,150
It's not like
I have a job to go to.
769
00:32:53,040 --> 00:32:56,220
- Listen.
770
00:32:56,220 --> 00:33:00,130
What I said
about your integrity and stuff,
771
00:33:00,130 --> 00:33:01,180
I meant that.
772
00:33:01,180 --> 00:33:05,030
- I know you did.
773
00:33:05,030 --> 00:33:08,090
And that stuff about it
being reasonable to fear us,
774
00:33:08,090 --> 00:33:10,040
you meant that too,
didn't you?
775
00:33:10,040 --> 00:33:13,040
[dramatic music]
776
00:33:13,040 --> 00:33:17,190
♪ ♪
777
00:33:17,190 --> 00:33:19,230
The most discouraging part
778
00:33:19,230 --> 00:33:23,210
is that I can tell
you're a really nice man.
779
00:33:23,210 --> 00:33:29,040
♪ ♪
780
00:33:29,040 --> 00:33:32,110
- Part of me hopes I lose.
781
00:33:32,110 --> 00:33:34,190
♪ ♪
782
00:33:34,190 --> 00:33:37,070
- Me too.
783
00:33:37,070 --> 00:33:45,060
♪ ♪
784
00:33:47,150 --> 00:33:49,100
- You want me to what?
- Just what I said.
785
00:33:49,100 --> 00:33:51,200
- This is the judicial part
of the process, counsel.
786
00:33:51,200 --> 00:33:53,060
I don't give orders
to the police
787
00:33:53,060 --> 00:33:55,000
on how to investigate
their cases.
788
00:33:55,000 --> 00:33:56,230
- I'm asking you to order them
to investigate period.
789
00:33:56,230 --> 00:33:58,180
- We have.
- You haven't.
790
00:33:58,180 --> 00:34:00,080
Head in a handbag,
that's enough?
791
00:34:00,080 --> 00:34:01,210
You're afraid of investigating
792
00:34:01,210 --> 00:34:03,130
for fear it'll come
between open and shut.
793
00:34:03,130 --> 00:34:05,060
- I'm offended by that, Ellenor.
794
00:34:05,060 --> 00:34:07,050
- What have you really done?
- Everything.
795
00:34:07,050 --> 00:34:09,030
Forensics, DNA.
- What about The Poet?
796
00:34:09,030 --> 00:34:10,050
Did you go down that path?
797
00:34:10,050 --> 00:34:11,230
- The who?
798
00:34:11,230 --> 00:34:14,050
- There is a serial killer
known as The Poet, Your Honor.
799
00:34:14,050 --> 00:34:15,130
One of our former clients
800
00:34:15,130 --> 00:34:17,060
was convicted
of trying to copy him.
801
00:34:17,060 --> 00:34:19,180
He rapes and decapitates--
- Different MOs--
802
00:34:19,180 --> 00:34:22,100
- Well, maybe he mixed things up
for spice this time.
803
00:34:22,100 --> 00:34:23,220
- We considered The Poet.
804
00:34:23,220 --> 00:34:26,070
Our investigation
points to George Vogelman,
805
00:34:26,070 --> 00:34:27,200
and George Vogelman alone.
806
00:34:27,200 --> 00:34:29,230
- We also have evidence
that the victim
807
00:34:29,230 --> 00:34:31,190
had contacts with people
on the Internet.
808
00:34:31,190 --> 00:34:33,080
- Look, counsel,
809
00:34:33,080 --> 00:34:36,180
you're free to conduct
your own investigation.
810
00:34:36,180 --> 00:34:39,000
You want time,
I'll give it to you.
811
00:34:39,000 --> 00:34:40,010
- We don't have any money.
812
00:34:40,010 --> 00:34:41,060
They have an unlimited budget.
813
00:34:41,060 --> 00:34:42,200
My client is broke.
814
00:34:42,200 --> 00:34:44,070
- Well, I can't
do anything about that,
815
00:34:44,070 --> 00:34:45,200
and I can't order them
to keep looking
816
00:34:45,200 --> 00:34:47,200
if they're convinced
they have the killer.
817
00:34:47,200 --> 00:34:51,040
If their thinking is suspect,
we have the device
818
00:34:51,040 --> 00:34:52,130
to deal with that.
819
00:34:52,130 --> 00:34:54,180
We call it the trial.
820
00:34:54,180 --> 00:34:56,120
- Every criminal defendant
has to rely
821
00:34:56,120 --> 00:34:58,180
on the integrity of the process,
822
00:34:58,180 --> 00:35:00,100
not just me, not just you,
823
00:35:00,100 --> 00:35:02,070
but the police
and the DA too.
824
00:35:02,070 --> 00:35:04,100
- And we have nothing
but your protests
825
00:35:04,100 --> 00:35:06,210
to suggest they haven't
done their jobs.
826
00:35:06,210 --> 00:35:11,040
A shoddy investigation
is a defense counsel's dream.
827
00:35:11,040 --> 00:35:14,230
If you think you've got one,
take advantage.
828
00:35:14,230 --> 00:35:16,000
- It's not that simple.
829
00:35:16,000 --> 00:35:19,150
- Unfortunately, it is.
830
00:35:19,150 --> 00:35:21,050
That's all.
831
00:35:21,050 --> 00:35:23,090
- Your Honor--
- That's all.
832
00:35:29,180 --> 00:35:31,090
- Basically,
I want to make a list
833
00:35:31,090 --> 00:35:33,080
of every noble accomplishment,
834
00:35:33,080 --> 00:35:35,120
every act of charity,
anybody you can think
835
00:35:35,120 --> 00:35:37,030
who can stand up for you
at sentencing
836
00:35:37,030 --> 00:35:38,170
and be effective.
837
00:35:38,170 --> 00:35:40,080
- Okay.
838
00:35:40,080 --> 00:35:41,220
- I'm still working on
the other appeal,
839
00:35:41,220 --> 00:35:45,010
so, um,
in the meantime,
840
00:35:45,010 --> 00:35:47,110
you know--
there's a big difference
841
00:35:47,110 --> 00:35:50,030
between 18 years and life, so--
842
00:35:50,030 --> 00:35:51,110
- What's your feeling?
843
00:35:54,160 --> 00:35:57,120
- Hiller's tough.
844
00:35:57,120 --> 00:35:59,220
She's more likely
to go maximum than minimum.
845
00:35:59,220 --> 00:36:05,020
♪ ♪
846
00:36:05,020 --> 00:36:06,130
Any awards
you've received,
847
00:36:06,130 --> 00:36:10,040
you know, things like that,
I want to know.
848
00:36:10,040 --> 00:36:11,040
- Okay.
849
00:36:11,040 --> 00:36:16,030
♪ ♪
850
00:36:16,030 --> 00:36:18,200
- I'm sorry.
851
00:36:18,200 --> 00:36:21,000
We let you down.
852
00:36:21,000 --> 00:36:22,230
- No you didn't, Lindsay.
853
00:36:22,230 --> 00:36:27,050
♪ ♪
854
00:36:27,050 --> 00:36:29,010
I let you down.
855
00:36:29,010 --> 00:36:33,130
♪ ♪
856
00:36:33,130 --> 00:36:37,000
- I'll be back on Friday
for the list.
857
00:36:37,000 --> 00:36:44,220
♪ ♪
858
00:36:53,220 --> 00:36:54,200
- You okay?
859
00:36:58,070 --> 00:36:59,050
- Yeah.
860
00:37:05,160 --> 00:37:09,040
- Foreperson,
you've reached your verdict?
861
00:37:09,040 --> 00:37:10,110
- We have, Your Honor.
862
00:37:10,110 --> 00:37:11,200
- What say you?
863
00:37:14,190 --> 00:37:16,180
- Bader versus Martini,
864
00:37:16,180 --> 00:37:18,180
on the count
of wrongful termination
865
00:37:18,180 --> 00:37:22,000
we find in favor
of the defendant, Peter Martini.
866
00:37:22,000 --> 00:37:25,100
- Yes!
[laughs]
867
00:37:25,100 --> 00:37:26,230
Thank you, Jimmy.
868
00:37:26,230 --> 00:37:28,000
- Sure.
869
00:37:28,000 --> 00:37:29,080
- Quiet down, please.
870
00:37:32,140 --> 00:37:35,060
As a matter of law,
I set aside the jury's verdict.
871
00:37:35,060 --> 00:37:37,040
I order the defendant
to pay damages
872
00:37:37,040 --> 00:37:40,150
in the amount of $220,000.
873
00:37:40,150 --> 00:37:43,040
I'd hoped you'd reach
the right result.
874
00:37:43,040 --> 00:37:44,100
It would've saved us
an appeal.
875
00:37:44,100 --> 00:37:45,220
Since you didn't,
876
00:37:45,220 --> 00:37:48,020
judgment is hereby entered
for the plaintiff,
877
00:37:48,020 --> 00:37:50,020
not withstanding the verdict.
878
00:37:50,020 --> 00:37:52,200
Let me note my disgust
for the defendant,
879
00:37:52,200 --> 00:37:54,170
on the record,
880
00:37:54,170 --> 00:37:56,210
for the defendant's attorney,
881
00:37:56,210 --> 00:37:59,120
and finally,
for the jury.
882
00:37:59,120 --> 00:38:02,160
Ms. Bader, please accept
the apology of this court.
883
00:38:04,080 --> 00:38:06,020
Adjourned.
884
00:38:23,170 --> 00:38:26,090
- Ms. Bader.
885
00:38:26,090 --> 00:38:28,150
Ms. Bader.
886
00:38:28,150 --> 00:38:32,030
That part about me
being a nice man,
887
00:38:32,030 --> 00:38:36,200
I--well,
I am a nice man,
888
00:38:36,200 --> 00:38:42,080
and I know this might seem--
889
00:38:42,080 --> 00:38:45,140
well, once you get
on that elevator,
890
00:38:45,140 --> 00:38:49,100
then I might never--
891
00:38:52,110 --> 00:38:53,210
Do you think
you would like
892
00:38:53,210 --> 00:38:56,030
to have a cup of coffee
with me sometime?
893
00:38:58,100 --> 00:39:00,060
- You're asking me out?
894
00:39:00,060 --> 00:39:03,190
- No, I'm--
895
00:39:03,190 --> 00:39:06,000
well, a little.
896
00:39:10,090 --> 00:39:12,010
- Under the circumstances,
897
00:39:12,010 --> 00:39:16,010
that's--that's not something
898
00:39:16,010 --> 00:39:18,000
I can see myself doing.
899
00:39:19,210 --> 00:39:21,100
- Okay.
900
00:39:21,100 --> 00:39:25,040
- But I'm flattered.
901
00:39:25,040 --> 00:39:33,020
♪ ♪
902
00:39:48,060 --> 00:39:49,200
- We're better off
than we were yesterday.
903
00:39:49,200 --> 00:39:51,090
The videotapes are out
904
00:39:51,090 --> 00:39:54,210
and this Internet thing
gives us at least a crack.
905
00:39:54,210 --> 00:39:57,070
Mainly, though,
it's gonna fall on you, George.
906
00:39:57,070 --> 00:39:59,030
You got to take the stand
and convince the jury
907
00:39:59,030 --> 00:40:00,220
that you never
could have done this.
908
00:40:03,110 --> 00:40:04,190
- Okay.
909
00:40:06,110 --> 00:40:07,090
- Okay.
910
00:40:09,110 --> 00:40:11,210
I'll be in touch.
911
00:40:11,210 --> 00:40:13,030
You hang in there.
912
00:40:14,200 --> 00:40:15,180
- Ellenor?
913
00:40:19,180 --> 00:40:22,110
Give me the odds.
914
00:40:22,110 --> 00:40:24,130
- We're gonna do
everything we can, George.
915
00:40:29,200 --> 00:40:31,020
I'd be lying to you
if I told you
916
00:40:31,020 --> 00:40:32,220
I think we were gonna win.
917
00:40:50,140 --> 00:40:51,180
- Hey.
918
00:40:51,180 --> 00:40:52,160
- Hey.
919
00:40:58,120 --> 00:41:00,170
Bobby, I'm sorry.
920
00:41:00,170 --> 00:41:01,220
I didn't mean--
921
00:41:01,220 --> 00:41:04,070
- Forget about it.
922
00:41:06,010 --> 00:41:07,230
- I've just been...
923
00:41:10,120 --> 00:41:12,120
I hate myself for crying.
924
00:41:12,120 --> 00:41:14,130
- I know.
925
00:41:16,190 --> 00:41:21,190
Look, this whole office
is here for you.
926
00:41:21,190 --> 00:41:23,170
Whatever you need.
927
00:41:25,000 --> 00:41:26,110
- Thank you.
928
00:41:32,030 --> 00:41:34,210
- I'm here for you.
929
00:41:34,210 --> 00:41:37,010
You know that, right?
930
00:41:42,050 --> 00:41:43,050
What?
931
00:41:43,050 --> 00:41:45,060
- Nothing.
932
00:41:45,060 --> 00:41:48,170
I was just thinking.
933
00:41:48,170 --> 00:41:50,230
Sometimes I just--
934
00:41:50,230 --> 00:41:53,230
[gentle piano music]
935
00:41:53,230 --> 00:42:01,210
♪ ♪
66994
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