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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:12,846 --> 00:00:14,815 They made an offer -- 2 00:00:14,848 --> 00:00:16,482 For 30 years. 3 00:00:16,517 --> 00:00:18,251 30 years? 4 00:00:18,284 --> 00:00:20,787 It's not unreasonable, Jackie, for two murders. 5 00:00:20,821 --> 00:00:23,289 One. One murder, and if you ask me, 6 00:00:23,323 --> 00:00:25,425 it was a public service killing. 7 00:00:25,458 --> 00:00:27,293 The other one, the kid -- 8 00:00:27,327 --> 00:00:29,663 Everyone knows that was an accident. 9 00:00:29,696 --> 00:00:31,264 No, under the law, 10 00:00:31,297 --> 00:00:33,233 that kind of accident is called felony murder. 11 00:00:33,266 --> 00:00:34,701 The punishment is life, 12 00:00:34,735 --> 00:00:36,737 and you're looking at a double life sentence. 13 00:00:36,770 --> 00:00:39,439 Let's go to trial. 14 00:00:39,472 --> 00:00:42,509 Look, Michael Biggs was a small-time dealer. 15 00:00:42,543 --> 00:00:44,244 You want to take out your competition, fine, 16 00:00:44,277 --> 00:00:46,580 and maybe, like you say, some idiot on the jury 17 00:00:46,613 --> 00:00:48,148 will think you did the public a favor, 18 00:00:48,181 --> 00:00:50,283 but Anthony Halpern was an innocent kid. 19 00:00:50,316 --> 00:00:51,852 He didn't deserve to get shot in the head, 20 00:00:51,885 --> 00:00:53,486 and I don't think the jury -- 21 00:00:53,520 --> 00:00:55,321 If I gave you the impression that I had anything to do 22 00:00:55,355 --> 00:00:58,825 with those killings, that was a misunderstanding. 23 00:01:01,828 --> 00:01:04,464 I am going to trial. 24 00:01:04,497 --> 00:01:06,767 You realize we don't have a strong defense here. 25 00:01:06,800 --> 00:01:08,434 If you were working on this case 26 00:01:08,468 --> 00:01:10,170 instead of counting on a plea, 27 00:01:10,203 --> 00:01:11,705 maybe you'd figure something out by now. 28 00:01:11,738 --> 00:01:13,707 You want to know what I figured out, Jackie? 29 00:01:13,740 --> 00:01:16,176 I figured out that I can't put you on the stand 30 00:01:16,209 --> 00:01:17,611 without suborning perjury. 31 00:01:17,644 --> 00:01:19,546 I also figured out that with your record, 32 00:01:19,580 --> 00:01:21,114 you can expect consecutive life terms 33 00:01:21,147 --> 00:01:22,415 with no chance for parole. 34 00:01:22,448 --> 00:01:24,384 We are not going to lose. 35 00:01:24,417 --> 00:01:26,119 They've got an eyewitness. 36 00:01:26,152 --> 00:01:28,121 Which we don't need to worry about. 37 00:01:28,154 --> 00:01:30,190 What do you mean, "We don't need to worry about"? 38 00:01:30,223 --> 00:01:32,125 I interviewed him myself. He's credible. 39 00:01:32,158 --> 00:01:33,159 Bobby -- 40 00:01:33,193 --> 00:01:36,630 Do not worry about the witness. 41 00:01:42,703 --> 00:01:44,337 You're going to have to tell me 42 00:01:44,370 --> 00:01:45,739 what that means, Jackie, because I know 43 00:01:45,772 --> 00:01:47,240 you're not going to harm that witness. 44 00:01:47,273 --> 00:01:48,909 I'm in jail. What-- What could I do? 45 00:01:48,942 --> 00:01:50,677 Listen to me. 46 00:01:50,711 --> 00:01:53,146 You're already in more trouble than I think we can handle. 47 00:01:53,179 --> 00:01:54,380 You do not want to make things worse 48 00:01:54,414 --> 00:01:56,482 by intimidating a witness. 49 00:01:56,517 --> 00:01:57,618 Okay. I understand. 50 00:01:57,651 --> 00:01:59,119 Look at me. 51 00:02:04,591 --> 00:02:06,159 I understand. 52 00:02:12,966 --> 00:02:15,802 ♪ (theme) 53 00:03:07,020 --> 00:03:08,755 Did he threaten him or not? 54 00:03:08,789 --> 00:03:09,823 Well -- 55 00:03:09,856 --> 00:03:11,457 We think he kind of did. 56 00:03:11,491 --> 00:03:12,458 What do you mean, you think he did? 57 00:03:12,492 --> 00:03:13,760 He said 58 00:03:13,794 --> 00:03:15,361 we didn't need to worry about the witness, 59 00:03:15,395 --> 00:03:16,763 and I don't think it was a compliment 60 00:03:16,797 --> 00:03:17,998 to Bobby's cross-examination skills. 61 00:03:18,031 --> 00:03:19,633 Well, then, you need to tell Bay. 62 00:03:19,666 --> 00:03:21,502 What if he meant something totally different? 63 00:03:21,535 --> 00:03:24,505 You know, "Don't worry, the witness is a friend of mine" 64 00:03:24,538 --> 00:03:26,673 Or "I got proof the witness is lying." 65 00:03:26,707 --> 00:03:29,843 -Oh, right. -What did you say? 66 00:03:29,876 --> 00:03:32,312 I laid it out. He can't be intimidating witnesses. 67 00:03:32,345 --> 00:03:34,380 He said he understood, but whether he really did... 68 00:03:34,414 --> 00:03:35,415 EUGENE: Ellenor? 69 00:03:35,448 --> 00:03:37,684 I couldn't be sure. 70 00:03:37,718 --> 00:03:40,787 Then you say nothing. Leaving aside what he meant, 71 00:03:40,821 --> 00:03:43,256 what he said is protected by attorney/client privilege. 72 00:03:43,289 --> 00:03:44,791 You can't reveal it 73 00:03:44,825 --> 00:03:47,260 unless he intends to commit a future crime, 74 00:03:47,293 --> 00:03:48,294 and if you're not sure -- 75 00:03:48,328 --> 00:03:49,696 We don't need this. 76 00:03:49,730 --> 00:03:52,633 You were just on trial for conspiring with a client. 77 00:03:52,666 --> 00:03:55,001 If you don't say anything and a witness ends up dead, 78 00:03:55,035 --> 00:03:57,270 you could be up against obstruction of justice charges. 79 00:03:57,303 --> 00:03:59,405 You want to wait for some package to explode? 80 00:03:59,439 --> 00:04:01,775 If there's any chance this witness is in danger, 81 00:04:01,808 --> 00:04:03,476 you have to say something. 82 00:04:06,547 --> 00:04:08,414 Jimmy? 83 00:04:08,448 --> 00:04:12,452 None of us was in the room, Bobby. Only you two. 84 00:04:15,722 --> 00:04:18,291 Let's just lay down the law with him again 85 00:04:18,324 --> 00:04:19,325 and then decide. 86 00:04:22,796 --> 00:04:24,598 I told you, I understand. 87 00:04:24,631 --> 00:04:27,433 Can you tell me why you even said it -- 88 00:04:27,467 --> 00:04:29,536 That we don't have to worry about the witness? 89 00:04:29,570 --> 00:04:32,506 Look, back in my shrink days -- 90 00:04:32,539 --> 00:04:34,841 I bet you didn't know I used to get therapy. 91 00:04:34,875 --> 00:04:35,842 Did you know this? 92 00:04:35,876 --> 00:04:37,944 No, you seem so grounded. 93 00:04:37,978 --> 00:04:43,016 My shrink said that when I'm feeling powerless, 94 00:04:43,049 --> 00:04:46,452 I act more brave and tough. 95 00:04:46,486 --> 00:04:49,590 Now, my life's been taken from me here. 96 00:04:49,623 --> 00:04:52,559 I'm sitting in a cell all day. 97 00:04:52,593 --> 00:04:56,630 My future's in the hands of this eyewitness. 98 00:04:56,663 --> 00:05:00,501 I guess I just needed to feel more powerful than him, 99 00:05:00,534 --> 00:05:05,005 and so I said that. 100 00:05:05,038 --> 00:05:07,307 Does it make sense? 101 00:05:13,547 --> 00:05:17,651 Anthony had just taken me home from school. 102 00:05:17,684 --> 00:05:19,052 He was your boyfriend? 103 00:05:19,085 --> 00:05:20,486 Yes. 104 00:05:20,521 --> 00:05:24,991 We were sitting in the car talking, and... 105 00:05:25,025 --> 00:05:26,893 I know this is hard, Lisa, 106 00:05:26,927 --> 00:05:29,763 but do you remember where the car was parked? 107 00:05:29,796 --> 00:05:32,398 In front of my building. 108 00:05:32,432 --> 00:05:35,135 Okay. Now, take your time. 109 00:05:35,168 --> 00:05:37,938 I want you to tell us what happened. 110 00:05:40,941 --> 00:05:43,877 He was telling me about how he was 111 00:05:43,910 --> 00:05:48,114 going to play basketball for B. U. when he graduated. 112 00:05:48,148 --> 00:05:51,384 It's all he could talk about sometimes. 113 00:05:53,787 --> 00:05:56,823 Then, all of a sudden, the windows started breaking. 114 00:05:56,857 --> 00:05:58,825 On which side of the car? 115 00:05:58,859 --> 00:06:00,961 His. 116 00:06:02,963 --> 00:06:05,431 He'd been shot. 117 00:06:05,465 --> 00:06:07,668 Where? 118 00:06:07,701 --> 00:06:10,537 In the head... 119 00:06:10,571 --> 00:06:13,106 And he just looked at me. 120 00:06:16,777 --> 00:06:19,846 He didn't understand what was happening. 121 00:06:24,084 --> 00:06:25,552 Ms. Matthews, 122 00:06:25,586 --> 00:06:29,122 did you see the person who did this? 123 00:06:29,155 --> 00:06:30,824 No. 124 00:06:30,857 --> 00:06:34,127 Did you see my client at all that afternoon? 125 00:06:34,160 --> 00:06:36,863 I don't think so. 126 00:06:36,897 --> 00:06:39,566 Thank you. 127 00:06:39,600 --> 00:06:40,867 No further questions. 128 00:06:42,503 --> 00:06:45,806 I'm very sorry for the loss of your friend. 129 00:06:50,744 --> 00:06:52,012 Mr. Bay? 130 00:06:52,045 --> 00:06:53,880 No redirect, your honor. 131 00:06:53,914 --> 00:06:57,684 The commonwealth calls Detective Michael McGuire. 132 00:06:57,718 --> 00:07:00,554 The intended victim was Michael Biggs, 23. 133 00:07:00,587 --> 00:07:01,988 When I arrived on the scene, 134 00:07:02,022 --> 00:07:03,890 his body was on the sidewalk area 135 00:07:03,924 --> 00:07:04,991 directly in front of his building. 136 00:07:05,025 --> 00:07:06,893 RICHARD: Were you able to determine 137 00:07:06,927 --> 00:07:09,095 from which direction the shooter approached? 138 00:07:09,129 --> 00:07:11,765 Yes, he approached from across the street 139 00:07:11,798 --> 00:07:13,199 and opened fire. 140 00:07:13,233 --> 00:07:14,901 Stray bullets were lodged in the front of the building 141 00:07:14,935 --> 00:07:17,203 and a few in the cars that were parked out front. 142 00:07:17,237 --> 00:07:19,740 Which is where you found the second victim -- 143 00:07:19,773 --> 00:07:21,174 Anthony Halpern. 144 00:07:21,207 --> 00:07:22,709 Yes, in his car. 145 00:07:22,743 --> 00:07:24,010 He had been shot in the back of the head. 146 00:07:24,044 --> 00:07:25,779 And Michael Biggs-- 147 00:07:25,812 --> 00:07:28,014 Why do you consider him the intended victim? 148 00:07:28,048 --> 00:07:30,150 We found him lying face-down. 149 00:07:30,183 --> 00:07:32,052 He had been shot six times -- 150 00:07:32,085 --> 00:07:34,788 Twice in the legs, three times in the chest, 151 00:07:34,821 --> 00:07:37,190 and once in the head at very close range. 152 00:07:37,223 --> 00:07:39,125 And how do you know that, Detective? 153 00:07:39,159 --> 00:07:40,927 There were stippling burns on his head and neck, 154 00:07:40,961 --> 00:07:42,696 indicating that the gun had been fired 155 00:07:42,729 --> 00:07:45,599 from a distance of no more than 6 inches. 156 00:07:45,632 --> 00:07:48,268 We considered it an execution. 157 00:07:48,301 --> 00:07:51,505 You didn't find a gun at the crime scene, 158 00:07:51,538 --> 00:07:52,673 did you? 159 00:07:52,706 --> 00:07:54,675 The murder weapon was never recovered. 160 00:07:54,708 --> 00:07:55,976 A fingerprint on a shell casing 161 00:07:56,009 --> 00:07:57,711 to implicate my client? 162 00:07:57,744 --> 00:07:59,780 There were no prints, Mr. Donnell, as you already know. 163 00:07:59,813 --> 00:08:01,982 Michael Biggs was a convicted drug dealer, wasn't he? 164 00:08:02,015 --> 00:08:04,818 Yes, he had a felony record for selling narcotics. 165 00:08:04,851 --> 00:08:06,520 That's a dangerous business, right, detective? 166 00:08:06,553 --> 00:08:07,821 Ask your client. 167 00:08:07,854 --> 00:08:09,122 Objection. Move to strike. 168 00:08:09,155 --> 00:08:11,091 Sustained. Detective McGuire. 169 00:08:11,124 --> 00:08:13,193 My point, Detective, 170 00:08:13,226 --> 00:08:15,228 is that Mr. Biggs was the kind of man 171 00:08:15,261 --> 00:08:17,531 who might have a few enemies. Yes or no? 172 00:08:17,564 --> 00:08:18,965 Yes. 173 00:08:18,999 --> 00:08:20,767 After the shooting, did they find my client 174 00:08:20,801 --> 00:08:21,835 anywhere in the neighborhood? 175 00:08:21,868 --> 00:08:23,770 No. 176 00:08:23,804 --> 00:08:25,706 In fact, Mr. Cahill wasn't arrested 177 00:08:25,739 --> 00:08:27,641 till three days later, when he voluntarily appeared 178 00:08:27,674 --> 00:08:29,242 at the precinct for questioning. 179 00:08:29,275 --> 00:08:31,778 We had already searched his house and his bar. 180 00:08:31,812 --> 00:08:34,180 He knew we were looking to make an arrest. 181 00:08:34,214 --> 00:08:36,016 That's exactly my point. 182 00:08:36,049 --> 00:08:39,252 This man who supposedly killed two people had three days 183 00:08:39,285 --> 00:08:42,022 to leave the city, the state, the country, 184 00:08:42,055 --> 00:08:44,691 and instead, he comes walking into your precinct 185 00:08:44,725 --> 00:08:46,560 to answer questions. 186 00:08:46,593 --> 00:08:49,295 Yes. 187 00:08:54,768 --> 00:08:56,002 Will I be up there long? 188 00:08:56,036 --> 00:08:58,772 Not on direct. Just say what you saw. 189 00:08:58,805 --> 00:09:01,708 When I ask you to identify the man you saw fire the gun, 190 00:09:01,742 --> 00:09:04,010 if you see him in the room, point to him. 191 00:09:04,044 --> 00:09:06,312 They may keep you up there on cross for a while. 192 00:09:06,346 --> 00:09:07,914 Why? 193 00:09:07,948 --> 00:09:09,816 Well, you're our whole case, Mr. Ross, 194 00:09:09,850 --> 00:09:11,952 and the defense certainly knows that. 195 00:09:11,985 --> 00:09:14,721 They're going to try everything they can to tear you apart. 196 00:09:14,755 --> 00:09:16,923 This didn't seem so scary a week ago. 197 00:09:16,957 --> 00:09:18,058 You'll be fine. 198 00:09:18,091 --> 00:09:19,192 Just stick to the truth. 199 00:09:19,225 --> 00:09:20,927 Richard. 200 00:09:20,961 --> 00:09:22,596 We'll see you tomorrow. 201 00:09:25,031 --> 00:09:27,033 He's not in protective custody? 202 00:09:27,067 --> 00:09:28,735 Why should he be? 203 00:09:28,769 --> 00:09:30,671 I just thought for big drug cases, 204 00:09:30,704 --> 00:09:31,672 you keep your witnesses in protective custody. 205 00:09:31,705 --> 00:09:33,306 This is a murder case. 206 00:09:33,339 --> 00:09:35,141 Well, I guess if it were me, 207 00:09:35,175 --> 00:09:37,010 I'd be keeping an eye on him. 208 00:09:37,043 --> 00:09:38,945 What are you saying? 209 00:09:38,979 --> 00:09:40,280 Nothing. 210 00:09:40,313 --> 00:09:42,382 Yes, you are. 211 00:09:42,415 --> 00:09:44,618 If you're trying to get me rattled, 212 00:09:44,651 --> 00:09:46,620 or you're hoping I'm going to go and rattle my witness -- 213 00:09:46,653 --> 00:09:48,755 I'm just saying it would be a good idea to protect him. 214 00:09:51,057 --> 00:09:52,826 If you have knowledge that he's in danger 215 00:09:52,859 --> 00:09:54,194 I don't have any specific knowledge, 216 00:09:54,227 --> 00:09:57,363 but my radar says protect your witness. 217 00:09:57,397 --> 00:09:58,732 Bobby. 218 00:09:58,765 --> 00:10:00,701 That's all I'm going to say. 219 00:10:11,244 --> 00:10:13,313 Their eyewitnesses are up next. 220 00:10:13,346 --> 00:10:14,648 Once he's done, 221 00:10:14,681 --> 00:10:16,249 the commonwealth should rest. 222 00:10:16,282 --> 00:10:17,884 They're guarding his house. 223 00:10:17,918 --> 00:10:19,352 Excuse me? 224 00:10:19,385 --> 00:10:21,254 The witness. 225 00:10:21,287 --> 00:10:22,989 Cops put a guard on his house. 226 00:10:23,023 --> 00:10:24,991 Now, why the hell would they do that? 227 00:10:25,025 --> 00:10:27,694 It's a murder trial, Jackie. I'm sure that's routine. 228 00:10:27,728 --> 00:10:29,663 No, I don't think so. 229 00:10:29,696 --> 00:10:31,164 If this were federal, maybe, 230 00:10:31,197 --> 00:10:33,967 but state, no. They don't protect a witness 231 00:10:34,000 --> 00:10:35,736 unless they think he's in danger. 232 00:10:35,769 --> 00:10:37,403 And how would you know that? 233 00:10:37,437 --> 00:10:39,405 You don't find it interesting, 234 00:10:39,439 --> 00:10:41,808 you and I have a conversation about this witness, 235 00:10:41,842 --> 00:10:44,044 and the very next day, there's a cop at his house? 236 00:10:44,077 --> 00:10:46,246 He's the only witness to a double murder. 237 00:10:46,279 --> 00:10:47,914 With your record -- 238 00:10:47,948 --> 00:10:50,050 Richard Bay is a smart guy. He doesn't need me 239 00:10:50,083 --> 00:10:52,352 to know his witness should be protected. 240 00:10:52,385 --> 00:10:54,354 That's not exactly a denial, Bobby. 241 00:10:54,387 --> 00:10:56,089 As long as we're into accusations, 242 00:10:56,122 --> 00:10:58,759 how do you even know there was a guard on that house? 243 00:10:58,792 --> 00:11:00,260 Did you send somebody out there? 244 00:11:00,293 --> 00:11:01,728 No, I did not, 245 00:11:01,762 --> 00:11:03,764 but just so we have an understanding, 246 00:11:03,797 --> 00:11:05,365 if I were ever to find out 247 00:11:05,398 --> 00:11:08,735 that my lawyer had been talking to the cops 248 00:11:08,769 --> 00:11:11,271 about certain conversations he and I had in private, 249 00:11:11,304 --> 00:11:13,974 I would consider that an act of disloyalty. 250 00:11:14,007 --> 00:11:15,809 You want me off this case? No problem. 251 00:11:15,842 --> 00:11:17,110 Let's you and me go see the judge, 252 00:11:17,143 --> 00:11:18,812 and you can explain all about 253 00:11:18,845 --> 00:11:20,213 how I prevented your people from taking out a witness. 254 00:11:20,246 --> 00:11:22,315 I never said I was going to take him out. 255 00:11:22,348 --> 00:11:23,917 Did I ever say that? 256 00:11:23,950 --> 00:11:26,152 Look, let's just stop with the antagonism 257 00:11:26,186 --> 00:11:27,788 and focus on the case, 258 00:11:27,821 --> 00:11:31,257 which, I remind you, doesn't look so good. 259 00:11:41,802 --> 00:11:43,937 What if I have an alibi? 260 00:11:43,970 --> 00:11:45,906 What are you talking about? 261 00:11:45,939 --> 00:11:47,808 This guy I work with at the bar -- 262 00:11:47,841 --> 00:11:49,976 I was working with him when this whole thing happened. 263 00:11:50,010 --> 00:11:51,277 -Oh, really? -Yes. 264 00:11:51,311 --> 00:11:53,113 You can't just offer alibi evidence 265 00:11:53,146 --> 00:11:54,280 in the middle of a trial. 266 00:11:54,314 --> 00:11:55,849 There's a procedure. 267 00:11:55,882 --> 00:11:57,751 We need to serve notice weeks in advance. 268 00:11:57,784 --> 00:11:59,419 I'm sure you can figure that out. 269 00:11:59,452 --> 00:12:01,287 And what is this sudden alibi? 270 00:12:01,321 --> 00:12:03,423 I can't offer testimony I know to be false. 271 00:12:03,456 --> 00:12:06,392 I am innocent. Do you get that? 272 00:12:06,426 --> 00:12:08,428 And this alibi is legit. 273 00:12:08,461 --> 00:12:10,330 Then why didn't you tell me about it sooner? 274 00:12:10,363 --> 00:12:11,164 ELLENOR: All right! 275 00:12:13,066 --> 00:12:15,301 Why didn't you tell us about the witness 276 00:12:15,335 --> 00:12:17,237 before now, Jackie? 277 00:12:17,270 --> 00:12:22,442 Because there's a warrant out for his arrest in New York. 278 00:12:22,475 --> 00:12:25,946 That explanation okay, counselor? 279 00:12:29,550 --> 00:12:31,785 He's a lying piece of-- 280 00:12:31,818 --> 00:12:33,353 You don't know that. 281 00:12:33,386 --> 00:12:35,188 You think he has an alibi? 282 00:12:35,221 --> 00:12:37,423 No, but if he says he does -- 283 00:12:37,457 --> 00:12:38,925 It's his defense. 284 00:12:38,959 --> 00:12:40,527 Bobby, he's looking at double life. 285 00:12:40,561 --> 00:12:42,328 If he wants to call an alibi witness, 286 00:12:42,362 --> 00:12:43,496 then that's what we do. 287 00:12:43,530 --> 00:12:44,998 We interview the guy, 288 00:12:45,031 --> 00:12:46,466 and we try and put him on the stand. 289 00:12:46,499 --> 00:12:48,368 If the judge will even let us. 290 00:12:50,036 --> 00:12:52,906 They come up with this now, in the middle of the trial? 291 00:12:52,939 --> 00:12:54,007 I just found out about it myself. 292 00:12:54,040 --> 00:12:55,008 Bobby... 293 00:12:55,041 --> 00:12:56,009 It's true. 294 00:12:56,042 --> 00:12:57,343 There's an alibi witness 295 00:12:57,377 --> 00:12:59,546 and your client just tells you now? 296 00:12:59,580 --> 00:13:01,815 Yes, there's an outstanding warrant for the guy's arrest, 297 00:13:01,848 --> 00:13:02,949 and he didn't want to come forward. 298 00:13:02,983 --> 00:13:04,484 Oh, come on. 299 00:13:04,518 --> 00:13:06,286 I've had no opportunity to see if his story checks out, 300 00:13:06,319 --> 00:13:08,288 no opportunity to run his record -- 301 00:13:08,321 --> 00:13:10,390 You can't deny my client the right to put on a defense. 302 00:13:10,423 --> 00:13:11,825 Courts have upheld 303 00:13:11,858 --> 00:13:13,193 the exclusion of defense witnesses. 304 00:13:13,226 --> 00:13:15,228 Whether Mr. Donnell believes it or not, 305 00:13:15,261 --> 00:13:17,097 we're entitled to a fair trial, too. 306 00:13:17,130 --> 00:13:18,832 We wouldn't oppose a continuance 307 00:13:18,865 --> 00:13:20,466 to give Mr. Bay time to investigate. 308 00:13:20,500 --> 00:13:23,036 I'm sure you wouldn't, but I am not going 309 00:13:23,069 --> 00:13:25,471 to delay things and inconvenience the jury 310 00:13:25,506 --> 00:13:27,874 because you violated discovery rules. 311 00:13:27,908 --> 00:13:29,309 There's another option. 312 00:13:29,342 --> 00:13:30,977 Let him voir dire the witness 313 00:13:31,011 --> 00:13:32,513 outside the presence of the jury. 314 00:13:32,546 --> 00:13:34,915 Let him get all the discovery he needs now. 315 00:13:37,083 --> 00:13:38,519 That seems reasonable. 316 00:13:40,120 --> 00:13:41,522 It's a good thing. 317 00:13:41,555 --> 00:13:43,590 That way we can see if our little witness holds up. 318 00:13:43,624 --> 00:13:46,092 Satisfactory, Mr. Bay? 319 00:13:46,126 --> 00:13:48,028 -Well -- -We reserve the right 320 00:13:48,061 --> 00:13:50,564 to argue for exclusion if anything that comes up 321 00:13:50,597 --> 00:13:52,432 requires further investigation. 322 00:13:52,465 --> 00:13:57,070 Fine. Mr. Donnell, bring in your new witness. 323 00:13:59,239 --> 00:14:01,908 They get to check him out first? 324 00:14:01,942 --> 00:14:02,909 Yes. 325 00:14:02,943 --> 00:14:04,210 Well, how does that happen? 326 00:14:04,244 --> 00:14:05,912 What, they get a free bite? 327 00:14:05,946 --> 00:14:07,380 It happens when you suddenly announce 328 00:14:07,413 --> 00:14:08,582 you have an alibi 329 00:14:08,615 --> 00:14:10,483 after the trial has started. 330 00:14:10,517 --> 00:14:13,219 The judge is allowing them some discovery. 331 00:14:16,222 --> 00:14:18,191 What about a new offer, hmm? 332 00:14:18,224 --> 00:14:21,027 I mean, just the fact this witness exists -- 333 00:14:21,061 --> 00:14:23,263 Hasn't the D.A. got a new offer? 334 00:14:23,296 --> 00:14:25,231 He can't be so cocky now. 335 00:14:25,265 --> 00:14:27,133 I don't think you fully grasp 336 00:14:27,167 --> 00:14:29,069 this particular D. A., Jackie. 337 00:14:29,102 --> 00:14:31,371 Richard Bay -- In addition to being good, 338 00:14:31,404 --> 00:14:34,074 he is pathologically competitive. 339 00:14:34,107 --> 00:14:36,577 He'd want you to get life even if you were innocent. 340 00:14:36,610 --> 00:14:38,344 Which I am. 341 00:14:38,378 --> 00:14:41,181 Oh, right. I forgot. 342 00:14:41,214 --> 00:14:44,250 So what's going to happen? 343 00:14:44,284 --> 00:14:48,488 The D. A. gets to question him in a sealed room, no jury. 344 00:14:48,522 --> 00:14:51,057 The judge will make a determination as to whether 345 00:14:51,091 --> 00:14:53,960 further investigation is called for. 346 00:14:53,994 --> 00:14:55,962 If so, we delay the trial. 347 00:14:55,996 --> 00:14:59,365 If not, the trial picks up where we left off. 348 00:15:01,101 --> 00:15:05,071 How exactly airtight do you consider your alibi to be? 349 00:15:05,105 --> 00:15:07,708 I was with Mr. Cahill the whole afternoon. 350 00:15:07,741 --> 00:15:09,375 And he never left the bar? 351 00:15:09,409 --> 00:15:10,644 Never out of my sight. 352 00:15:10,677 --> 00:15:12,245 I was serving, 353 00:15:12,278 --> 00:15:14,314 he was at a table going over the expense books. 354 00:15:14,347 --> 00:15:16,550 Cahill is your boss, is he not? 355 00:15:16,583 --> 00:15:18,719 No. It's my bar. 356 00:15:18,752 --> 00:15:20,654 -It's your bar? -Yes, it is. 357 00:15:20,687 --> 00:15:22,689 My name is on the liquor license. 358 00:15:22,723 --> 00:15:24,591 But he was doing the books. 359 00:15:24,625 --> 00:15:26,192 Is he your accountant? 360 00:15:26,226 --> 00:15:28,562 No, he's an investor. 361 00:15:28,595 --> 00:15:30,463 Oh, he's an investor. 362 00:15:30,496 --> 00:15:33,133 What percentage of your bar does he own? 363 00:15:33,166 --> 00:15:35,368 I don't know -- Most. 364 00:15:35,401 --> 00:15:37,470 And tell us, who suggested 365 00:15:37,504 --> 00:15:39,472 you come here today to testify? 366 00:15:39,506 --> 00:15:43,476 Nobody. I told Mr. Cahill I'd come here and do it. 367 00:15:43,510 --> 00:15:45,478 Did you get in touch with him 368 00:15:45,512 --> 00:15:48,014 or did he call you? 369 00:15:48,048 --> 00:15:50,050 I'm not sure. I think he called me. 370 00:15:50,083 --> 00:15:51,384 From prison? 371 00:15:51,417 --> 00:15:53,219 You know all outgoing phone calls from prison 372 00:15:53,253 --> 00:15:54,220 are recorded? 373 00:15:54,254 --> 00:15:56,422 Mr. Inteso, 374 00:15:56,456 --> 00:15:59,359 why didn't you come forward sooner? 375 00:15:59,392 --> 00:16:01,294 I have an outstanding warrant 376 00:16:01,327 --> 00:16:03,296 on an assault charge in New York. 377 00:16:03,329 --> 00:16:05,231 So you know by testifying here, 378 00:16:05,265 --> 00:16:07,133 you're going to go back to jail. 379 00:16:07,167 --> 00:16:08,301 Yeah. 380 00:16:08,334 --> 00:16:10,336 You'd rather testify and go to jail 381 00:16:10,370 --> 00:16:12,072 than say no to Mr. Cahill? 382 00:16:12,105 --> 00:16:13,439 I want to help him. 383 00:16:13,473 --> 00:16:15,776 He was with me at the time of the shooting. 384 00:16:15,809 --> 00:16:19,245 There's no question. Beyond reasonable doubt. 385 00:16:19,279 --> 00:16:22,215 Okay, you were serving drinks, 386 00:16:22,248 --> 00:16:23,684 he was working. 387 00:16:23,717 --> 00:16:26,452 Did anybody else see you or the defendant that day? 388 00:16:26,486 --> 00:16:29,322 I don't know. Maybe. 389 00:16:29,355 --> 00:16:31,091 Can you tell us who else was there? 390 00:16:31,124 --> 00:16:33,159 I don't really remember. 391 00:16:33,193 --> 00:16:35,328 You don't. 392 00:16:35,361 --> 00:16:39,199 These books the defendant was working on -- 393 00:16:39,232 --> 00:16:40,767 Where are they now? 394 00:16:42,736 --> 00:16:45,371 What? 395 00:16:45,405 --> 00:16:47,107 It's your bar. Surely you know 396 00:16:47,140 --> 00:16:48,709 where your own expense books are. 397 00:16:48,742 --> 00:16:52,078 Objection. This isn't a tax case. It's irrelevant. 398 00:16:52,112 --> 00:16:54,280 It's very relevant to this witness's credibility. 399 00:16:54,314 --> 00:16:56,216 We move the witness turn over the books 400 00:16:56,249 --> 00:16:58,752 the defendant was working on. 401 00:17:02,523 --> 00:17:04,357 I lost the books. 402 00:17:06,392 --> 00:17:07,794 I see. 403 00:17:07,828 --> 00:17:09,596 Your honor, at this time, 404 00:17:09,630 --> 00:17:12,766 I withdraw my motion to exclude this witness. 405 00:17:20,140 --> 00:17:21,542 We can't put him up there. 406 00:17:21,575 --> 00:17:23,243 It's still an alibi. 407 00:17:23,276 --> 00:17:25,478 They can't prove he's lying, which he isn't. 408 00:17:25,512 --> 00:17:27,681 They wouldn't have to prove he's lying. 409 00:17:27,714 --> 00:17:29,816 He looks like it, he sounds like it, 410 00:17:29,850 --> 00:17:31,818 he -- He personifies dishonesty, 411 00:17:31,852 --> 00:17:33,654 and by putting him up there, 412 00:17:33,687 --> 00:17:35,522 we would be helping the prosecution, trust me. 413 00:17:35,556 --> 00:17:37,524 Why the hell didn't you protect him? 414 00:17:37,558 --> 00:17:39,660 You should have been objecting or something. 415 00:17:39,693 --> 00:17:41,728 The questions weren't objectionable, 416 00:17:41,762 --> 00:17:43,229 and it was discovery. 417 00:17:43,263 --> 00:17:45,365 Look, 30 years is better than life, 418 00:17:45,398 --> 00:17:46,833 if it's still on the table. 419 00:17:46,867 --> 00:17:47,868 No! 420 00:17:47,901 --> 00:17:49,269 Try to get this -- 421 00:17:49,302 --> 00:17:51,271 We got no rabbits to pull. 422 00:17:51,304 --> 00:17:52,773 What about your plan "B" Strategy? 423 00:17:52,806 --> 00:17:54,608 A witness saw you pull the trigger. 424 00:17:54,641 --> 00:17:57,544 Plus, this D. A., he knows us. 425 00:17:57,578 --> 00:18:00,547 And I know him. He is not going to drop the ball. 426 00:18:00,581 --> 00:18:03,283 We cannot win this case. 427 00:18:18,231 --> 00:18:21,267 All right. Let me think about it. 428 00:18:21,301 --> 00:18:23,169 Can I think about it? 429 00:18:23,203 --> 00:18:25,706 We're not scheduled to go again till tomorrow, 430 00:18:25,739 --> 00:18:28,575 so, yeah. 431 00:18:28,609 --> 00:18:30,410 Take the night. 432 00:18:32,879 --> 00:18:35,248 Look... 433 00:18:35,281 --> 00:18:37,918 You think we don't like you, which is true. 434 00:18:37,951 --> 00:18:40,821 You think because we don't like you, 435 00:18:40,854 --> 00:18:45,726 we are not doing everything we possibly can, 436 00:18:45,759 --> 00:18:47,861 which is not true. 437 00:18:47,894 --> 00:18:50,664 Okay. 438 00:18:52,699 --> 00:18:54,267 Okay. 439 00:19:30,571 --> 00:19:31,938 Hello? 440 00:19:33,840 --> 00:19:36,843 Is somebody there? 441 00:19:36,877 --> 00:19:37,944 Ooh! 442 00:19:40,446 --> 00:19:42,215 MAN: This is simple. 443 00:19:42,248 --> 00:19:43,650 If the case against Jackie Cahill 444 00:19:43,684 --> 00:19:44,685 doesn't go away... 445 00:19:45,986 --> 00:19:47,420 You will. 446 00:19:47,453 --> 00:19:50,323 (groans) 447 00:19:50,356 --> 00:19:52,392 The only reason you're still alive 448 00:19:52,425 --> 00:19:55,529 is because you're still useful. 449 00:19:55,562 --> 00:20:01,535 You do not want to win this case. Understand? 450 00:20:01,568 --> 00:20:03,937 I'm going to leave you now, 451 00:20:03,970 --> 00:20:05,438 and when I do, 452 00:20:05,471 --> 00:20:07,741 you're going to start feeling better -- 453 00:20:07,774 --> 00:20:09,810 Feeling brave. 454 00:20:09,843 --> 00:20:12,646 Maybe you can call the police. 455 00:20:12,679 --> 00:20:14,548 That's why it's important for you to remember 456 00:20:14,581 --> 00:20:17,718 what I'm going to say right now -- 457 00:20:17,751 --> 00:20:20,320 We can always get to you. 458 00:20:21,555 --> 00:20:23,423 If we want you dead... 459 00:20:23,456 --> 00:20:25,959 You, dead. 460 00:20:25,992 --> 00:20:28,562 Now, stay right here for five minutes, 461 00:20:28,595 --> 00:20:32,332 and then you can go about living your life. 462 00:20:32,365 --> 00:20:37,804 How much of it is left, that's up to you. 463 00:20:50,817 --> 00:20:53,754 (shivering) 464 00:21:10,036 --> 00:21:12,038 Richard, of course you have to report this. 465 00:21:12,072 --> 00:21:13,507 Why haven't you already -- 466 00:21:13,540 --> 00:21:15,041 If I report it, I let him win. I--I just -- 467 00:21:15,075 --> 00:21:16,543 How do you figure that? 468 00:21:16,577 --> 00:21:17,844 He's hoping I'll report it 469 00:21:17,878 --> 00:21:19,513 and try to resign from the case, 470 00:21:19,546 --> 00:21:21,014 or he'll try to have me removed. 471 00:21:21,047 --> 00:21:22,649 The judge might do it anyway. 472 00:21:22,683 --> 00:21:24,050 The trial gets delayed -- 473 00:21:24,084 --> 00:21:25,552 First of all, that doesn't have to happen. 474 00:21:25,586 --> 00:21:26,653 You could still continue. 475 00:21:26,687 --> 00:21:28,421 Oh, you know Bobby. He -- 476 00:21:28,454 --> 00:21:30,323 Secondly, your life was threatened. 477 00:21:30,356 --> 00:21:31,892 A crime was committed. 478 00:21:31,925 --> 00:21:33,827 You're an officer of the court. You have to report it. 479 00:21:33,860 --> 00:21:36,997 Come on, do I really need to be telling you that? 480 00:21:39,600 --> 00:21:40,801 What? 481 00:21:40,834 --> 00:21:45,005 He said if I told the police, I'd die. 482 00:21:47,674 --> 00:21:49,342 You're scared. 483 00:21:49,375 --> 00:21:52,445 Yes. 484 00:21:52,478 --> 00:21:55,582 Helen, even if I did file a report, 485 00:21:55,616 --> 00:21:57,651 I didn't even see him. 486 00:21:57,684 --> 00:21:59,553 He's disguised his voice. 487 00:21:59,586 --> 00:22:01,988 There's no way I could make an I. D. 488 00:22:02,022 --> 00:22:03,724 They could dust your garage. 489 00:22:03,757 --> 00:22:05,559 Maybe there are tire tracks, 490 00:22:05,592 --> 00:22:07,961 witnesses in the neighborhood who saw the car. 491 00:22:07,994 --> 00:22:09,763 The police could investigate. 492 00:22:12,132 --> 00:22:13,700 Richard, you need to report this. 493 00:22:13,734 --> 00:22:15,669 If you won't, I will. 494 00:22:18,505 --> 00:22:20,006 All right. 495 00:22:20,040 --> 00:22:21,875 I'm going to call Detective McGuire. 496 00:22:21,908 --> 00:22:23,076 We'll start the investigation. 497 00:22:23,109 --> 00:22:24,611 We'll put you in protective custody. 498 00:22:24,645 --> 00:22:26,580 Someone will be with you around the clock. 499 00:22:26,613 --> 00:22:27,581 We'll guard your house. 500 00:22:27,614 --> 00:22:28,682 Helen -- 501 00:22:28,715 --> 00:22:30,817 Until the verdict. 502 00:22:30,851 --> 00:22:32,786 Now, I'm gonna have to talk to Bobby. 503 00:22:32,819 --> 00:22:33,787 Why? 504 00:22:33,820 --> 00:22:36,757 Because he has to know. 505 00:22:36,790 --> 00:22:41,161 Now, the only remaining question -- 506 00:22:41,194 --> 00:22:44,364 Are you okay to continue with the trial? 507 00:22:45,932 --> 00:22:47,634 Yes. 508 00:22:47,668 --> 00:22:48,869 Are you sure? 509 00:22:48,902 --> 00:22:51,404 Yes. 510 00:22:51,437 --> 00:22:53,840 And you'll be going for a conviction, right? 511 00:22:56,810 --> 00:22:58,378 Yes. 512 00:23:06,820 --> 00:23:08,188 In his own garage? 513 00:23:08,221 --> 00:23:10,456 Yes. I'm assuming you gave him no indication. 514 00:23:10,490 --> 00:23:11,491 Of course not. 515 00:23:11,525 --> 00:23:12,993 Does he know 516 00:23:13,026 --> 00:23:14,060 that knocking off the D. A. won't do much good? 517 00:23:14,094 --> 00:23:15,095 We do have more. 518 00:23:19,165 --> 00:23:20,534 We may have led him to believe 519 00:23:20,567 --> 00:23:24,004 that this particular D. A. was a nemesis. 520 00:23:24,037 --> 00:23:25,906 We will set him straight on that. 521 00:23:25,939 --> 00:23:27,140 What an idiot. 522 00:23:27,173 --> 00:23:28,742 So where are we? 523 00:23:28,775 --> 00:23:30,877 Richard's bent on continuing. You know him. 524 00:23:30,911 --> 00:23:32,513 Now you will have a conversation 525 00:23:32,546 --> 00:23:33,514 with your client. 526 00:23:33,547 --> 00:23:36,650 Oh, yes. 527 00:23:36,683 --> 00:23:38,919 -I am as shocked as you are. -Don't give me that. 528 00:23:38,952 --> 00:23:40,721 Are you that stupid? 529 00:23:40,754 --> 00:23:43,156 You think killing the district attorney will actually help you? 530 00:23:43,189 --> 00:23:45,491 I would never hurt anybody, Ms. Frutt, 531 00:23:45,526 --> 00:23:46,893 but you know what? 532 00:23:46,927 --> 00:23:49,796 Our relationship has so deteriorated here, 533 00:23:49,830 --> 00:23:51,732 that maybe you two should get off this case. 534 00:23:51,765 --> 00:23:54,467 I should find myself new representation. 535 00:23:54,500 --> 00:23:56,803 So you can buy time? Time to execute the witness? 536 00:23:56,837 --> 00:23:58,905 We'd love to get off, Jackie, but the judge 537 00:23:58,939 --> 00:24:01,742 will never let that happen, not at this point. 538 00:24:01,775 --> 00:24:03,510 If you told him that your disgust prevents you 539 00:24:03,544 --> 00:24:05,111 from doing your best work -- 540 00:24:05,145 --> 00:24:07,748 The problem is, I do my my best work for disgusting clients. 541 00:24:07,781 --> 00:24:11,184 We're stuck with each other. The trial is going on. 542 00:24:11,217 --> 00:24:12,819 There's plenty more district attorneys 543 00:24:12,853 --> 00:24:14,254 where Richard Bay came from, 544 00:24:14,287 --> 00:24:16,156 so going after him will get you nothing. 545 00:24:16,189 --> 00:24:17,958 Nothing? 546 00:24:17,991 --> 00:24:21,662 No. You underestimate the value of a smile. 547 00:24:23,196 --> 00:24:26,867 It's the simple pleasures, counsel. 548 00:24:30,136 --> 00:24:33,507 I heard a series of pops. I don't know how many. 549 00:24:33,540 --> 00:24:35,609 They were loud, like explosions. 550 00:24:35,642 --> 00:24:37,110 And what happened next, sir? 551 00:24:37,143 --> 00:24:39,212 I looked up through the windshield 552 00:24:39,245 --> 00:24:40,981 of my car, and I saw the man with the gun 553 00:24:41,014 --> 00:24:43,249 walking across the street, firing. 554 00:24:43,283 --> 00:24:45,619 Bullets were going everywhere. 555 00:24:49,089 --> 00:24:51,592 This was in daylight? 556 00:24:51,625 --> 00:24:53,126 Middle of the day, yes. 557 00:24:53,159 --> 00:24:54,861 Okay, what happened next? 558 00:24:54,895 --> 00:24:56,530 The man with the gun was shooting at the man 559 00:24:56,563 --> 00:24:57,998 lying on the sidewalk. 560 00:24:58,031 --> 00:25:00,867 He walked up and shot right at the guy's head. 561 00:25:00,901 --> 00:25:03,870 How far away were you from the man who was shooting? 562 00:25:03,904 --> 00:25:06,006 Uh, maybe 60 feet. No more than that. 563 00:25:11,177 --> 00:25:15,582 Do you see the man who was shooting that day? 564 00:25:15,616 --> 00:25:18,251 Him. That man sitting right there. 565 00:25:18,284 --> 00:25:20,821 Let the record reflect the witness has identified 566 00:25:20,854 --> 00:25:22,989 the defendant Jackie Cahill. 567 00:25:28,028 --> 00:25:29,596 Nothing further. 568 00:25:34,935 --> 00:25:36,570 What were you doing on that street 569 00:25:36,603 --> 00:25:37,971 the day of the shooting? 570 00:25:38,004 --> 00:25:39,840 I work for a courier service. 571 00:25:39,873 --> 00:25:42,142 I was delivering a package in the area a little earlier. 572 00:25:42,175 --> 00:25:45,779 You said you heard the sound, then you looked up. 573 00:25:45,812 --> 00:25:47,313 What were you doing in your car? 574 00:25:47,347 --> 00:25:49,750 -Resting. -Resting... 575 00:25:49,783 --> 00:25:51,017 Or sleeping? 576 00:25:51,051 --> 00:25:53,119 I guess maybe I dozed off. 577 00:25:53,153 --> 00:25:55,321 You guess? You don't remember? 578 00:25:55,355 --> 00:25:57,824 Well, I work two jobs. I'd been up all night. 579 00:25:57,858 --> 00:25:59,893 I guess I was sleeping. 580 00:25:59,926 --> 00:26:01,795 So when you heard the popping, it woke you 581 00:26:01,828 --> 00:26:03,697 -out of a deep sleep? -I--I don't know how deep. 582 00:26:03,730 --> 00:26:05,966 But coming out of a sleep groggy, it took you some time 583 00:26:05,999 --> 00:26:07,934 to focus on what was happening. 584 00:26:07,968 --> 00:26:09,836 Maybe a few moments, but when I saw your client 585 00:26:09,870 --> 00:26:12,272 start shooting, it woke me up fast. 586 00:26:12,305 --> 00:26:13,940 What was the entire length of time 587 00:26:13,974 --> 00:26:16,176 you observed these events once you woke up? 588 00:26:16,209 --> 00:26:19,012 -A few seconds. -A few seconds. 589 00:26:19,045 --> 00:26:20,981 Did the shooter ever look directly toward you, 590 00:26:21,014 --> 00:26:22,783 or did you only see him from the side? 591 00:26:22,816 --> 00:26:24,685 From the side. 592 00:26:24,718 --> 00:26:26,753 And once you realized what was happening, you were scared. 593 00:26:26,787 --> 00:26:28,689 -I guess. Yeah. -You ducked down in your car. 594 00:26:28,722 --> 00:26:34,060 Maybe a little, but I saw him. It was him. 595 00:26:34,094 --> 00:26:35,395 Did Mr. Bay tell you if you got into trouble 596 00:26:35,428 --> 00:26:37,097 testifying, just to repeat that? 597 00:26:37,130 --> 00:26:41,301 -Objection. -Withdrawn. Nothing further. 598 00:26:41,334 --> 00:26:43,203 Brief redirect, your honor? 599 00:26:43,236 --> 00:26:46,139 Proceed. 600 00:26:50,944 --> 00:26:53,046 The windows of your car -- They're tinted? 601 00:26:53,079 --> 00:26:55,115 Yeah. Yeah, it's hard to see in. 602 00:26:55,148 --> 00:26:57,183 So the man shooting -- You saw him, but -- 603 00:26:57,217 --> 00:26:58,719 He wouldn't have known I was there. 604 00:26:58,752 --> 00:27:00,821 -Objection. -Sustained. 605 00:27:00,854 --> 00:27:02,956 Don't tell us what the man knew. 606 00:27:02,989 --> 00:27:04,290 You got a good look at him? 607 00:27:04,324 --> 00:27:05,759 Absolutely. 608 00:27:05,792 --> 00:27:09,696 As you sit here now, are you sure who it was? 609 00:27:09,730 --> 00:27:13,867 Yes. It was the defendant. 610 00:27:13,900 --> 00:27:15,669 Thank you, Mr. Ross. 611 00:27:15,702 --> 00:27:17,137 Nothing further. 612 00:27:21,908 --> 00:27:23,309 Nothing further. 613 00:27:23,343 --> 00:27:26,012 The witness may step down. 614 00:27:26,046 --> 00:27:27,781 Mr. Bay? 615 00:27:27,814 --> 00:27:31,117 The commonwealth rests, your honor. 616 00:27:31,151 --> 00:27:33,053 Mr. Donnell? 617 00:27:43,363 --> 00:27:44,698 The defense rests. 618 00:27:44,731 --> 00:27:47,133 (audience murmuring) 619 00:27:52,806 --> 00:27:54,908 How do I not testify? 620 00:27:54,941 --> 00:27:56,276 If you want to, you can. 621 00:27:56,309 --> 00:27:57,911 I can still make that happen. 622 00:27:57,944 --> 00:27:59,179 But you don't want to do that. 623 00:27:59,212 --> 00:28:01,047 -Why? -If you testify, Jackie, 624 00:28:01,081 --> 00:28:03,283 all your priors could come in to impeach. 625 00:28:03,316 --> 00:28:05,719 And what are you going to say that would actually help you? 626 00:28:05,752 --> 00:28:08,822 I'll say I didn't do it. The witness was wrong. 627 00:28:08,855 --> 00:28:10,957 Look, you can testify. It's your choice. 628 00:28:10,991 --> 00:28:12,793 Right now we're almost desperate enough to put you up there, 629 00:28:12,826 --> 00:28:14,327 and if I could think of the slightest upside, 630 00:28:14,360 --> 00:28:15,461 I would, but in my opinion -- 631 00:28:15,495 --> 00:28:17,463 Mine, too. 632 00:28:17,497 --> 00:28:19,332 It'll just make things worse. 633 00:28:19,365 --> 00:28:22,869 Your felony record will serve to bolster that witness. 634 00:28:30,376 --> 00:28:32,345 All right. Get me a meeting with Bay. 635 00:28:32,378 --> 00:28:34,214 Why? 636 00:28:34,247 --> 00:28:36,216 I want to reopen a plea-bargain discussion. 637 00:28:36,249 --> 00:28:38,351 -I'm not sure he'd be open -- -Get me the meeting. 638 00:28:38,384 --> 00:28:39,820 We can meet with him, then -- 639 00:28:39,853 --> 00:28:41,487 I want to be there. 640 00:28:41,522 --> 00:28:44,124 Get me a meeting with Richard Bay. 641 00:28:53,967 --> 00:28:56,102 -He's in the witness room? -Yes. 642 00:28:56,136 --> 00:28:57,504 Richard, you've asked me three times 643 00:28:57,538 --> 00:28:58,839 if he's in the witness room, 644 00:28:58,872 --> 00:29:00,507 and you're sweating like a pig. 645 00:29:00,541 --> 00:29:02,242 I'm fine. 646 00:29:02,275 --> 00:29:05,045 My life was threatened, Helen. Allow me to perspire a little. 647 00:29:05,078 --> 00:29:06,513 Are you really okay? 648 00:29:06,547 --> 00:29:08,882 I'm fine. Let's go. 649 00:29:15,021 --> 00:29:17,157 All right, we're here. 650 00:29:17,190 --> 00:29:18,825 What's this about? 651 00:29:18,859 --> 00:29:21,261 Our client would like to reopen a plea negotiation. 652 00:29:21,294 --> 00:29:22,896 Why? 653 00:29:22,929 --> 00:29:25,131 Not feeling very confident, Mr. Cahill? 654 00:29:25,165 --> 00:29:26,867 You're sexy. 655 00:29:26,900 --> 00:29:30,403 Anybody ever tell you that? Hmm? 656 00:29:30,436 --> 00:29:31,572 I could throw you on this table 657 00:29:31,605 --> 00:29:32,973 and have sex with you right now, 658 00:29:33,006 --> 00:29:34,875 even with all these people watching. 659 00:29:34,908 --> 00:29:36,843 Any interest? 660 00:29:42,348 --> 00:29:44,384 Guard... 661 00:29:44,417 --> 00:29:46,887 Please handcuff this man to the chair. 662 00:29:46,920 --> 00:29:48,288 Why? 663 00:29:48,321 --> 00:29:50,156 Well, you either frighten me, Mr. Cahill, 664 00:29:50,190 --> 00:29:52,225 or you piss me off. It's one or the other. 665 00:30:00,166 --> 00:30:02,435 40 years. 666 00:30:02,468 --> 00:30:04,571 The deal you offered was 30. 667 00:30:04,605 --> 00:30:06,306 That was before I had to go to trial. 668 00:30:06,339 --> 00:30:08,174 Your case hasn't gotten any better. 669 00:30:08,208 --> 00:30:09,576 It's still just one witness who didn't get a great look. 670 00:30:09,610 --> 00:30:11,311 Why risk it? 671 00:30:11,344 --> 00:30:13,379 40 years, take it or leave it. 672 00:30:15,081 --> 00:30:17,918 This little prick doesn't even think I'm guilty. 673 00:30:17,951 --> 00:30:19,553 -Jackie! -If he really thought 674 00:30:19,586 --> 00:30:21,522 I killed two people, what does he think 675 00:30:21,555 --> 00:30:23,056 I'm going to do to him if he convicts me, hmm? 676 00:30:23,089 --> 00:30:25,458 If he's not afraid of that, 677 00:30:25,491 --> 00:30:26,993 he must believe I'm innocent. 678 00:30:27,027 --> 00:30:28,461 Keep your mouth shut. 679 00:30:28,494 --> 00:30:30,230 He must think I can't get to him from prison -- 680 00:30:30,263 --> 00:30:33,399 If I were the killer, that is. 681 00:30:33,433 --> 00:30:35,335 You think you scare us, Mr. Cahill? 682 00:30:35,368 --> 00:30:38,505 You, me, and this table. Five minutes. 683 00:30:42,108 --> 00:30:43,910 Come on, Helen. 684 00:30:48,481 --> 00:30:52,085 How stupid are you, saying that in front of him? 685 00:30:52,118 --> 00:30:54,154 I was talking to you, my lawyer. 686 00:30:54,187 --> 00:30:56,623 Threatening the prosecutor, are you out of your mind? 687 00:30:56,657 --> 00:30:58,224 He can still add charges. 688 00:30:58,258 --> 00:31:00,460 No, he won't. I know when a guy is scared, 689 00:31:00,493 --> 00:31:02,495 and he's pissing himself right now. 690 00:31:02,529 --> 00:31:05,532 I'll bet his closing is a little subpar. 691 00:31:05,566 --> 00:31:07,233 You actually think he's going to blow this case 692 00:31:07,267 --> 00:31:08,569 because he's afraid of you? 693 00:31:08,602 --> 00:31:10,170 You give these guys too much credit. 694 00:31:10,203 --> 00:31:11,572 They only prosecute 695 00:31:11,605 --> 00:31:13,473 because they can't find real law jobs. 696 00:31:13,507 --> 00:31:16,142 Losing one case doesn't make one difference to them, 697 00:31:16,176 --> 00:31:18,612 but if he thinks he'll pay a price 698 00:31:18,645 --> 00:31:21,582 for convicting me -- 699 00:31:21,615 --> 00:31:24,384 Look at me. 700 00:31:24,417 --> 00:31:26,119 Are you going to do something to him 701 00:31:26,152 --> 00:31:28,488 if you lose here? 702 00:31:28,522 --> 00:31:32,125 He has to think I will. 703 00:31:32,158 --> 00:31:33,426 Why? 704 00:31:36,429 --> 00:31:40,066 Because it's my only chance. 705 00:31:42,636 --> 00:31:44,938 I'll close. 706 00:31:44,971 --> 00:31:47,373 You can't close. It's my case. 707 00:31:47,407 --> 00:31:49,009 Richard, you're not of the mind. 708 00:31:49,042 --> 00:31:50,276 What do you mean I'm not of the mind? 709 00:31:50,310 --> 00:31:51,612 He's gotten to you. You're rattled. 710 00:31:51,645 --> 00:31:53,279 I am not. I am perfectly -- 711 00:31:53,313 --> 00:31:55,115 Look, you're understandably frightened. 712 00:31:55,148 --> 00:31:57,117 -You seem distracted. -I've prepared my closing, 713 00:31:57,150 --> 00:31:58,552 and I'm ready to deliver it. 714 00:31:58,585 --> 00:32:00,286 I can't let him intimidate me. 715 00:32:00,320 --> 00:32:03,990 He already has. 716 00:32:04,024 --> 00:32:07,060 Richard, you don't have to be the big hero here. 717 00:32:09,029 --> 00:32:11,164 It's not about being a hero, Helen. 718 00:32:11,197 --> 00:32:13,233 It's about being me. 719 00:32:15,035 --> 00:32:16,302 This is what I am. 720 00:32:16,336 --> 00:32:20,607 I'm a D.A. I can't -- 721 00:32:20,641 --> 00:32:22,576 If I start letting defendants scare me, 722 00:32:22,609 --> 00:32:25,245 what am I? 723 00:32:25,278 --> 00:32:28,549 I guess you'd be human. 724 00:32:30,617 --> 00:32:32,553 I'm fine. 725 00:32:32,586 --> 00:32:35,088 I'm prepared, and I'm ready. 726 00:33:26,306 --> 00:33:27,708 When my client heard 727 00:33:27,741 --> 00:33:29,676 that the police wanted to talk to him, 728 00:33:29,710 --> 00:33:32,613 he voluntarily went to the precinct. 729 00:33:32,646 --> 00:33:36,282 What he expected to find was a police department 730 00:33:36,316 --> 00:33:39,085 interested in discovering the truth. 731 00:33:39,119 --> 00:33:41,387 Instead, he found frustrated detectives 732 00:33:41,421 --> 00:33:42,623 so angry that they couldn't solve 733 00:33:42,656 --> 00:33:44,625 two high-profile homicides, 734 00:33:44,658 --> 00:33:46,326 that they were willing to arrest him 735 00:33:46,359 --> 00:33:49,596 and hope that the charges would stick. 736 00:33:49,630 --> 00:33:52,566 They searched his house, his bar, 737 00:33:52,599 --> 00:33:54,835 and they couldn't come up with one shred 738 00:33:54,868 --> 00:33:57,838 of physical evidence to connect my client to this crime -- 739 00:33:57,871 --> 00:34:01,675 No murder weapon, no fingerprints, 740 00:34:01,708 --> 00:34:04,344 not on the shell casings recovered at the scene, 741 00:34:04,377 --> 00:34:06,580 not on the cars that were parked on the street. 742 00:34:06,613 --> 00:34:09,349 Nothing to prove that my client has ever owned a gun 743 00:34:09,382 --> 00:34:11,852 or even held a gun, 744 00:34:11,885 --> 00:34:15,155 let alone used one to commit a double murder. 745 00:34:15,188 --> 00:34:16,857 Nothing to prove that he was even 746 00:34:16,890 --> 00:34:19,626 in the neighborhood at the time of the shooting. 747 00:34:19,660 --> 00:34:21,361 Nothing to suggest that my client 748 00:34:21,394 --> 00:34:24,598 even knew Michael Biggs. 749 00:34:24,631 --> 00:34:27,668 Mr. Bay has built his entire case 750 00:34:27,701 --> 00:34:29,269 on the word of a witness 751 00:34:29,302 --> 00:34:31,605 who admits he was sleeping 752 00:34:31,638 --> 00:34:33,139 when this happened -- 753 00:34:33,173 --> 00:34:34,741 A witness who is as unbelievable 754 00:34:34,775 --> 00:34:37,678 as he is irresponsible, 755 00:34:37,711 --> 00:34:40,213 a witness who should have been doing his job, 756 00:34:40,246 --> 00:34:41,815 but instead fell asleep in his car 757 00:34:41,848 --> 00:34:43,617 in the middle of the day. 758 00:34:43,650 --> 00:34:46,186 He woke up because he heard shots. 759 00:34:46,219 --> 00:34:49,455 He was groggy. He struggled to get his bearings, 760 00:34:49,489 --> 00:34:51,257 and when he saw it was a shooting, 761 00:34:51,291 --> 00:34:53,193 he ducked down. It's human instinct. 762 00:34:53,226 --> 00:34:55,696 When you hear gunshots, your first thought 763 00:34:55,729 --> 00:34:57,731 is to protect yourself. 764 00:34:57,764 --> 00:35:00,333 And Mr. Ross admitted he only saw the shooter 765 00:35:00,366 --> 00:35:01,768 from the side, 766 00:35:01,802 --> 00:35:04,404 from a distance of 60 feet, 767 00:35:04,437 --> 00:35:06,707 through tinted windows 768 00:35:06,740 --> 00:35:10,544 for a total of a few seconds at most. 769 00:35:10,577 --> 00:35:14,314 Beyond reasonable doubt? 770 00:35:14,347 --> 00:35:16,650 Not even close. 771 00:35:37,403 --> 00:35:39,606 When you become a prosecutor, 772 00:35:39,640 --> 00:35:44,210 your supervisors give you one basic piece of advice -- 773 00:35:44,244 --> 00:35:46,479 Keep it simple. 774 00:35:46,513 --> 00:35:48,381 Focus on the facts. 775 00:35:48,414 --> 00:35:50,717 Forget the distractions. 776 00:35:50,751 --> 00:35:53,820 Keep your eye on the truth. 777 00:35:53,854 --> 00:35:56,356 Be willing to stand up for what's right, 778 00:35:56,389 --> 00:35:58,491 whatever the cost. 779 00:35:58,525 --> 00:36:02,462 Mr. Donnell says our case comes down to one witness. 780 00:36:02,495 --> 00:36:05,899 Simply put, he's right. 781 00:36:05,932 --> 00:36:07,801 If you believe Mr. Ross, 782 00:36:07,834 --> 00:36:11,237 you must convict the defendant, 783 00:36:11,271 --> 00:36:14,274 and you should believe Mr. Ross, 784 00:36:14,307 --> 00:36:17,210 because he had a front-row seat for these murders. 785 00:36:17,243 --> 00:36:18,879 He was sitting at street level 786 00:36:18,912 --> 00:36:21,548 with the best possible view of the shooter. 787 00:36:21,582 --> 00:36:24,284 It was day. The lighting couldn't have been better. 788 00:36:24,317 --> 00:36:25,686 He saw the defendant, 789 00:36:25,719 --> 00:36:28,454 but the defendant couldn't see him -- 790 00:36:28,488 --> 00:36:30,691 Didn't even know he was there, 791 00:36:30,724 --> 00:36:33,960 which probably saved Mr. Ross's life. 792 00:36:33,994 --> 00:36:37,598 Mr. Donnell has the gall to suggest 793 00:36:37,631 --> 00:36:39,633 that Mr. Ross was irresponsible 794 00:36:39,666 --> 00:36:42,268 for taking a nap. 795 00:36:42,302 --> 00:36:44,938 Mr. Ross did the responsible thing 796 00:36:44,971 --> 00:36:48,408 by coming forward immediately after the shooting. 797 00:36:48,441 --> 00:36:49,876 His description of the shooter 798 00:36:49,910 --> 00:36:52,513 matched the defendant perfectly. 799 00:36:52,546 --> 00:36:56,416 He had the courage to come into this room, 800 00:36:56,449 --> 00:36:58,852 swear to tell the truth 801 00:36:58,885 --> 00:37:00,854 and identify the defendant 802 00:37:00,887 --> 00:37:03,590 as the man he saw that day. 803 00:37:03,624 --> 00:37:06,459 And no matter how hard Mr. Donnell tried, 804 00:37:06,492 --> 00:37:09,730 he couldn't shake that testimony. 805 00:37:09,763 --> 00:37:14,935 Mr. Ross is absolutely sure the killer is this man. 806 00:37:14,968 --> 00:37:17,871 This man right here. 807 00:37:17,904 --> 00:37:21,608 And let me make this simple. Two men are dead. 808 00:37:21,642 --> 00:37:23,977 Mr. Cahill is so brazen, 809 00:37:24,010 --> 00:37:27,814 so cold-blooded, 810 00:37:27,848 --> 00:37:30,016 he killed them in broad daylight 811 00:37:30,050 --> 00:37:32,753 because he thought no one would dare stop him, 812 00:37:32,786 --> 00:37:35,622 nobody would have the guts to come forward, 813 00:37:35,656 --> 00:37:40,326 to prosecute him, to look him in the eye and say it. 814 00:37:43,063 --> 00:37:45,465 You're a killer. 815 00:37:45,498 --> 00:37:47,634 You're a coward, 816 00:37:47,668 --> 00:37:49,369 and thanks to the jury, 817 00:37:49,402 --> 00:37:52,906 you're about to get what you deserve. 818 00:37:57,678 --> 00:38:01,915 Believe Mr. Ross and convict this man. 819 00:38:01,948 --> 00:38:04,751 He thinks he's untouchable. 820 00:38:04,785 --> 00:38:09,890 Prove to him he's wrong. 821 00:38:26,106 --> 00:38:28,809 You do this long enough, you think you've seen it all. 822 00:38:28,842 --> 00:38:30,744 He actually threatened him in the room? 823 00:38:30,777 --> 00:38:33,346 Right after basically threatening to rape Helen. 824 00:38:33,379 --> 00:38:34,815 And they're not filing charges? 825 00:38:34,848 --> 00:38:36,416 -Not so far. -Did it work? 826 00:38:36,449 --> 00:38:38,752 -Was Bay nervous? -He seemed to close okay. 827 00:38:38,785 --> 00:38:40,654 I thought he closed better than usual. 828 00:38:40,687 --> 00:38:42,823 Hey, when's the last time she ate? 829 00:38:42,856 --> 00:38:44,124 Around 5:00, 830 00:38:44,157 --> 00:38:46,993 but she puked most of it on Eugene. 831 00:38:47,027 --> 00:38:48,829 Sorry. 832 00:38:48,862 --> 00:38:50,496 -You ready? -All set? 833 00:38:50,531 --> 00:38:51,965 The sitter's at home. 834 00:38:51,998 --> 00:38:53,634 I actually get to go out to a restaurant tonight. 835 00:38:53,667 --> 00:38:55,101 (telephone rings) 836 00:38:55,135 --> 00:38:58,972 Donnell, Dole, et cetera. 837 00:38:59,005 --> 00:39:02,108 Yeah. Thank you. 838 00:39:02,142 --> 00:39:03,577 Verdict. 839 00:39:03,610 --> 00:39:06,747 Already? 840 00:39:27,768 --> 00:39:29,836 Will the defendant please rise? 841 00:39:31,905 --> 00:39:34,908 Madame foreperson, has the jury reached a verdict? 842 00:39:34,941 --> 00:39:36,877 We have, your honor. 843 00:39:36,910 --> 00:39:38,078 What say you? 844 00:39:38,111 --> 00:39:40,914 "Commonwealth versus Jackson Cahill -- 845 00:39:40,947 --> 00:39:43,917 "On the first count of murder in the first degree, 846 00:39:43,950 --> 00:39:47,721 "We find the defendant Jackson Cahill 847 00:39:47,754 --> 00:39:49,089 "Guilty. 848 00:39:49,122 --> 00:39:52,492 "On the second count, murder in the first degree, 849 00:39:52,526 --> 00:39:56,129 "We find the defendant Jackson Cahill... 850 00:39:56,162 --> 00:39:57,764 Guilty." 851 00:39:57,798 --> 00:40:01,635 Officers, take the defendant back into custody. 852 00:40:01,668 --> 00:40:03,469 I'll schedule sentencing later. 853 00:40:03,504 --> 00:40:06,139 Members of the jury, this completes your service. 854 00:40:06,172 --> 00:40:08,942 You are dismissed with the thanks of the court. 855 00:40:08,975 --> 00:40:11,645 Adjourned. 856 00:40:11,678 --> 00:40:15,549 Bobby, can you start working on my appeal, please? 857 00:40:15,582 --> 00:40:19,052 Jackie, I think you need to get yourself another lawyer. 858 00:40:42,909 --> 00:40:44,645 I'm fine. 859 00:40:44,678 --> 00:40:46,747 I sweat by nature, okay? 860 00:40:46,780 --> 00:40:48,148 Do you want to keep the security? 861 00:40:48,181 --> 00:40:49,950 Should I? 862 00:40:49,983 --> 00:40:51,251 Well, he's got nothing to gain now. 863 00:40:51,284 --> 00:40:52,853 Threatening you can't do him any good. 864 00:40:52,886 --> 00:40:54,454 Unless he just gets off on it. 865 00:41:04,264 --> 00:41:05,932 Why don't I get the guards back? 866 00:41:05,966 --> 00:41:08,268 No, I don't want to let him win. 867 00:41:08,301 --> 00:41:10,003 Just keep the security for a week. 868 00:41:10,036 --> 00:41:11,905 I'll push them upstairs to pay for it. 869 00:41:11,938 --> 00:41:15,542 No, I'm fine. I really am. 870 00:41:15,576 --> 00:41:17,243 I'm right over there. 871 00:41:17,277 --> 00:41:20,213 -Where are you? -Up a level. 872 00:41:20,246 --> 00:41:22,082 -Are you sure you're okay? -Fine. 873 00:41:22,115 --> 00:41:24,017 Okay. Congratulations, Richard. 874 00:41:24,050 --> 00:41:25,752 -You tried a great case. -Thanks. 875 00:41:25,786 --> 00:41:27,988 Call me if you need any company. 876 00:41:38,999 --> 00:41:41,702 Are you leaving? 877 00:41:44,070 --> 00:41:45,706 Yes. 878 00:41:45,739 --> 00:41:48,274 Good. 879 00:41:48,308 --> 00:41:50,611 Not too jumpy -- She's 80. 880 00:42:45,666 --> 00:42:47,768 ♪ (theme) 881 00:43:11,391 --> 00:43:12,993 You stinker! 63277

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