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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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