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1
00:00:05,806 --> 00:00:07,508
(horn blows)
2
00:00:08,909 --> 00:00:11,177
(crowd murmuring)
3
00:00:12,478 --> 00:00:14,380
(door opens)
4
00:00:16,583 --> 00:00:18,351
(door closes)
5
00:00:28,394 --> 00:00:29,930
You're number 218?
6
00:00:30,797 --> 00:00:33,634
Yes. I thought
I was meeting Freddy.
7
00:00:33,667 --> 00:00:35,736
Well, Freddy works for me,
but I gave him the day off.
8
00:00:35,769 --> 00:00:36,770
I'm Sid Herman.
9
00:00:38,739 --> 00:00:40,040
Jimmy.
10
00:00:41,842 --> 00:00:44,578
Well,
my condolences, Jimmy.
11
00:00:45,311 --> 00:00:46,479
(sighs)
12
00:00:46,513 --> 00:00:48,114
What the Steelers did to you
ought to be against the law --
13
00:00:48,148 --> 00:00:51,852
Cruel and unusual punishment.
You see the game?
14
00:00:52,986 --> 00:00:54,287
Of course, you saw it.
15
00:00:54,320 --> 00:00:55,556
(sighs)
16
00:00:55,589 --> 00:00:58,291
$5,000 wager -- you got a pulse,
you're going to watch the game.
17
00:00:58,324 --> 00:01:00,260
That interception
killed me.
18
00:01:00,293 --> 00:01:01,862
That's why I don't bet.
19
00:01:03,329 --> 00:01:04,765
I have a good portion
of the money.
20
00:01:04,798 --> 00:01:06,366
See, I would've gone
with the Steelers, too.
21
00:01:06,399 --> 00:01:08,902
What, are you kidding --
getting 8 1/2?
22
00:01:08,935 --> 00:01:11,471
But now,
oh, with the Steelers
23
00:01:11,505 --> 00:01:14,608
and, uh,
losers on the Falcons
24
00:01:14,641 --> 00:01:18,111
and the Rams and the Bears
and the Niners,
25
00:01:18,144 --> 00:01:20,714
plus, what you didn't get
to Freddy last week...
26
00:01:20,747 --> 00:01:22,716
I have $7,000.
27
00:01:22,749 --> 00:01:25,886
Which means you owe,
what, 27 more?
28
00:01:25,919 --> 00:01:27,821
Which I will have
by the end of the week.
29
00:01:29,690 --> 00:01:31,357
You're two weeks late now.
30
00:01:31,391 --> 00:01:34,094
I'm going to borrow some money
from my retirement account,
31
00:01:34,127 --> 00:01:35,529
but it takes a couple of days,
32
00:01:35,562 --> 00:01:38,398
and I got a call in to
a cousin of mine in Worcester.
33
00:01:38,431 --> 00:01:39,600
Guy owns, like,
12 parking lots --
34
00:01:39,633 --> 00:01:41,134
I got another idea.
35
00:01:43,236 --> 00:01:46,640
Okay...sure.
36
00:01:46,673 --> 00:01:48,474
You're a lawyer, right?
37
00:01:49,409 --> 00:01:53,880
Yes, I mean...
Did I tell Freddy that?
38
00:01:53,914 --> 00:01:56,617
My proposal is this --
you provide some legal services
39
00:01:56,650 --> 00:02:00,521
and your debt goes away.
40
00:02:02,689 --> 00:02:05,291
Well, what sort of, uh,
legal services?
41
00:02:07,260 --> 00:02:09,162
My ex-wife is trying
to rob me.
42
00:02:11,164 --> 00:02:13,667
Will you be my lawyer,
Jimmy?
43
00:02:17,871 --> 00:02:20,607
(music playing)
44
00:03:06,019 --> 00:03:07,854
It's decaf, Lucy.
It's not.
45
00:03:07,888 --> 00:03:10,123
I can tell when it's decaf.
It's regular.
46
00:03:10,156 --> 00:03:13,126
You know, I find on trial days
I don't need caffeine.
47
00:03:13,159 --> 00:03:14,661
Listen to you, the office
coffee hog, telling me --
48
00:03:14,695 --> 00:03:15,929
What?
49
00:03:15,962 --> 00:03:17,964
You might as well hook up
an I. V., Rebecca.
50
00:03:17,998 --> 00:03:19,966
I take my share,
no more.
51
00:03:20,000 --> 00:03:22,102
Lindsay, that was
Martin Jenks' mother.
52
00:03:22,135 --> 00:03:24,137
She's still in Hartford.
53
00:03:25,071 --> 00:03:26,106
Wait. Excuse me?
54
00:03:26,139 --> 00:03:27,741
She couldn't get
the day off.
55
00:03:27,774 --> 00:03:29,042
Her son goes on trial
for attempted murder.
56
00:03:29,075 --> 00:03:30,276
She can't get the day off?
57
00:03:30,310 --> 00:03:31,344
I thought
you were going to plead.
58
00:03:31,377 --> 00:03:32,278
He wouldn't let me.
59
00:03:32,312 --> 00:03:35,015
Don't tell me --
he's innocent.
60
00:03:35,048 --> 00:03:36,316
He is.
61
00:03:39,385 --> 00:03:40,687
(door opens)
62
00:03:40,721 --> 00:03:41,454
Morning.
63
00:03:41,487 --> 00:03:43,023
Still morning?
64
00:03:43,056 --> 00:03:46,392
Sorry I'm late. That, uh,
personal matter of mine
65
00:03:46,426 --> 00:03:48,494
went a little longer
than I thought.
66
00:03:49,763 --> 00:03:52,032
Bobby, you got a minute?
67
00:03:52,065 --> 00:03:53,166
Sure.
68
00:03:56,637 --> 00:03:58,471
What's up?
69
00:04:00,273 --> 00:04:03,443
Deposition in the Sandler case
got pushed.
70
00:04:03,476 --> 00:04:06,412
They're saying
beginning of next month.
71
00:04:08,348 --> 00:04:10,751
That's what you need
a minute for?
72
00:04:12,018 --> 00:04:15,421
Bobby, I was asked to do
some pro bono work
73
00:04:15,455 --> 00:04:18,224
which I really need to do.
74
00:04:18,258 --> 00:04:20,827
What's wrong?
75
00:04:20,861 --> 00:04:23,997
I'm -- I'm in a little bit
of a jam
76
00:04:24,030 --> 00:04:27,200
and I need to
do a guy a favor.
77
00:04:28,669 --> 00:04:30,604
I'm listening.
78
00:04:33,006 --> 00:04:34,508
The guy's my bookie.
79
00:04:36,409 --> 00:04:39,412
I don't gamble anymore.
Trust me.
80
00:04:39,445 --> 00:04:41,281
You do not have to worry
about that
81
00:04:41,314 --> 00:04:44,417
because I have definitely
learned my lesson.
82
00:04:44,450 --> 00:04:46,052
What do you owe?
83
00:04:46,086 --> 00:04:48,088
$27,000.
84
00:04:52,158 --> 00:04:54,928
It started small
to make the games
85
00:04:54,961 --> 00:04:56,930
more interesting.
That's all.
86
00:04:56,963 --> 00:04:58,799
Last season, I did okay --
87
00:04:58,832 --> 00:05:01,201
Better than okay.
88
00:05:01,234 --> 00:05:04,270
Started thinking
I knew what I was doing.
89
00:05:06,172 --> 00:05:07,974
What's the case?
90
00:05:10,577 --> 00:05:13,614
His ex-wife is suing him
for fraud.
91
00:05:13,647 --> 00:05:14,881
He won the lottery.
92
00:05:14,915 --> 00:05:16,650
She's claiming
he didn't tell her.
93
00:05:16,683 --> 00:05:19,385
Lottery? For how much?
94
00:05:19,419 --> 00:05:20,887
Well, $100,000.
95
00:05:20,921 --> 00:05:23,890
He says he bought the ticket
with separate funds.
96
00:05:23,924 --> 00:05:26,527
The lottery commission's
holding all the money
97
00:05:26,560 --> 00:05:28,662
until the ownership issues
are resolved.
98
00:05:28,695 --> 00:05:33,534
Anything I can get him
over 70 comes off my tab.
99
00:05:33,567 --> 00:05:37,470
It's one day's work --
two at the most.
100
00:05:42,242 --> 00:05:44,010
She did everything right.
101
00:05:44,044 --> 00:05:47,681
She stayed calm,
she avoided eye contact,
102
00:05:47,714 --> 00:05:50,517
and she gave up the money
without a fight.
103
00:05:50,551 --> 00:05:52,819
He shot her anyway.
104
00:05:52,853 --> 00:05:55,556
It's a miracle
she didn't die.
105
00:05:55,589 --> 00:05:58,625
When did you arrive
on the scene, Detective?
106
00:05:58,659 --> 00:06:01,895
Within minutes. There was
another woman at the store.
107
00:06:01,928 --> 00:06:06,032
An eyewitness -- Martha McKee.
She's the one that called 911.
108
00:06:06,066 --> 00:06:07,333
What happened
after you arrived?
109
00:06:07,367 --> 00:06:10,637
Well, we got a description
of the shooter from Mrs. McKee.
110
00:06:10,671 --> 00:06:13,173
We pulled the surveillance tape
and started canvassing the area.
111
00:06:13,206 --> 00:06:15,876
We found the defendant
less than two blocks away.
112
00:06:15,909 --> 00:06:17,277
What was he doing?
113
00:06:17,310 --> 00:06:20,046
Sitting on a stoop, drinking
beer with some of his friends.
114
00:06:20,080 --> 00:06:22,549
He was dressed
just like on the tape --
115
00:06:22,583 --> 00:06:24,551
Same sweatshirt, everything.
116
00:06:24,585 --> 00:06:26,520
What did you do next,
detective?
117
00:06:26,553 --> 00:06:28,889
We placed him under arrest
and searched him.
118
00:06:28,922 --> 00:06:31,658
We found $580 in his pocket.
119
00:06:31,692 --> 00:06:34,294
This witness -- Mrs. McKee --
did she attempt to make
120
00:06:34,327 --> 00:06:36,830
a formal identification
of the suspect?
121
00:06:36,863 --> 00:06:38,532
Yes, we showed her
a photo six-pack.
122
00:06:43,003 --> 00:06:43,970
This one?
123
00:06:44,004 --> 00:06:47,974
Yes. She positively
identified photo number 2
124
00:06:48,008 --> 00:06:49,275
as the man
who shot the clerk.
125
00:06:49,309 --> 00:06:51,812
And whose photograph
is in the number 2 slot?
126
00:06:51,845 --> 00:06:56,216
Photo number 2 is him,
the defendant Martin Jenks.
127
00:06:57,951 --> 00:07:00,954
The clerk who was shot --
did she identify my client?
128
00:07:00,987 --> 00:07:03,123
No, she couldn't make
any identification.
129
00:07:03,156 --> 00:07:04,791
None at all?
130
00:07:04,825 --> 00:07:06,860
She knew it was
a white male. That's all.
131
00:07:06,893 --> 00:07:08,829
When you found my client,
detective,
132
00:07:08,862 --> 00:07:10,296
did you find a gun on him?
133
00:07:10,330 --> 00:07:11,732
No, we never found
a weapon.
134
00:07:11,765 --> 00:07:13,499
Any fingerprints
at the scene?
135
00:07:13,534 --> 00:07:15,101
He was wearing gloves.
136
00:07:15,135 --> 00:07:16,937
Did you find the gloves?
137
00:07:16,970 --> 00:07:18,605
No.
138
00:07:20,841 --> 00:07:22,308
It went good.
Didn't it?
139
00:07:23,844 --> 00:07:25,912
Well...it looked like you
on the tape.
140
00:07:25,946 --> 00:07:26,847
"It looked like me" --
141
00:07:26,880 --> 00:07:28,348
Half my block has
a sweatshirt like that.
142
00:07:28,381 --> 00:07:30,383
It's not
just the sweatshirt, Martin.
143
00:07:30,416 --> 00:07:32,553
They've got that witness.
Who's wrong.
144
00:07:32,586 --> 00:07:34,555
Wrong, but unequivocal,
145
00:07:34,588 --> 00:07:37,157
and she's
a pretty credible person --
146
00:07:37,190 --> 00:07:39,259
Selectman, school committee
member in Braintree --
147
00:07:39,292 --> 00:07:40,594
She's wrong!
148
00:07:42,663 --> 00:07:44,464
Okay,
you need to calm down.
149
00:07:46,266 --> 00:07:49,202
Here's the problem.
If I put you on the stand,
150
00:07:49,235 --> 00:07:50,571
the jury could learn
about your record --
151
00:07:50,604 --> 00:07:52,573
What, for getting high?
Stealing some CDs?
152
00:07:52,606 --> 00:07:54,307
I don't take off stores
with guns.
153
00:07:54,340 --> 00:07:55,576
I don't shoot people.
154
00:07:55,609 --> 00:07:56,710
I believe you,
155
00:07:58,211 --> 00:08:00,146
but I'm telling you
I met with this witness.
156
00:08:00,180 --> 00:08:02,048
I talked to her myself.
157
00:08:03,750 --> 00:08:06,286
I'm worried that the jury
will take her word.
158
00:08:06,319 --> 00:08:07,788
Well, that can't be enough
to put me in jail.
159
00:08:07,821 --> 00:08:10,323
It is enough.
She's an eyewitness.
160
00:08:11,324 --> 00:08:12,793
Throw in the hooded sweatshirt,
the cash in your pocket --
161
00:08:12,826 --> 00:08:16,296
I told you I earned that money
busing tables downtown --
162
00:08:16,329 --> 00:08:17,931
in an off-the-books job
for $200 a week.
163
00:08:17,964 --> 00:08:19,733
You were carrying $600.
164
00:08:26,006 --> 00:08:28,675
These are the questions
you will be asked.
165
00:08:33,479 --> 00:08:35,015
All the money I got,
I carry.
166
00:08:35,048 --> 00:08:36,449
It just...
167
00:08:37,984 --> 00:08:39,753
it makes me feel big,
you know?
168
00:08:43,056 --> 00:08:44,257
So why, all of a sudden,
do you think
169
00:08:44,290 --> 00:08:45,792
I'm going to lose?
Tell me that.
170
00:08:46,593 --> 00:08:48,128
Sometimes you get
a feel in the room,
171
00:08:48,161 --> 00:08:50,797
and I just don't like
the one I'm getting here.
172
00:08:50,831 --> 00:08:53,667
That police officer seemed
pretty persuasive.
173
00:08:53,700 --> 00:08:55,836
I didn't like the way
the jury was looking at you.
174
00:08:55,869 --> 00:08:57,504
I didn't do anything.
175
00:08:57,538 --> 00:09:00,306
I know that,
176
00:09:00,340 --> 00:09:05,646
but if we lose,
attempted murder is 15-to-life.
177
00:09:09,349 --> 00:09:10,951
And your mother
not showing up?
178
00:09:10,984 --> 00:09:13,587
That didn't help.
179
00:09:18,124 --> 00:09:20,594
Promise me
I won't go to jail.
180
00:09:21,995 --> 00:09:24,230
I can't make that promise.
181
00:09:24,264 --> 00:09:27,634
Please,
let me try to plead.
182
00:09:27,668 --> 00:09:29,369
If I can get
a reduced sentence --
183
00:09:29,402 --> 00:09:30,904
Please.
184
00:09:36,342 --> 00:09:37,978
The problem is
185
00:09:38,011 --> 00:09:40,881
you bought the lottery ticket
on July 18th.
186
00:09:40,914 --> 00:09:43,249
You won the money
on the 22nd.
187
00:09:43,283 --> 00:09:46,953
The divorce became final
on the 28th.
188
00:09:50,190 --> 00:09:51,658
Why -- why is this
a problem?
189
00:09:51,692 --> 00:09:54,127
Legally,
she's entitled to half.
190
00:09:54,160 --> 00:09:57,130
Yeah, but I'm not hiring you
for a legal opinion, Jimmy.
191
00:09:58,398 --> 00:09:59,566
You got to figure out
192
00:09:59,600 --> 00:10:01,868
how to keep her
from getting any.
193
00:10:01,902 --> 00:10:03,770
We would have to show
194
00:10:03,804 --> 00:10:06,472
the ticket was bought
with segregated funds.
195
00:10:06,507 --> 00:10:09,643
But we've been over this.
I told you I did.
196
00:10:09,676 --> 00:10:11,177
Yes, but your word --
197
00:10:11,211 --> 00:10:15,516
I segregated the money aside
in anticipation of the divorce.
198
00:10:15,549 --> 00:10:17,751
I bought the ticket
with that money.
199
00:10:17,784 --> 00:10:20,186
I'm not sure
the Judge will believe that,
200
00:10:20,220 --> 00:10:23,323
and if he thinks you're trying
to commit a fraud,
201
00:10:23,356 --> 00:10:24,858
he could give it all to her.
202
00:10:24,891 --> 00:10:27,360
That's what
I'm most worried about.
203
00:10:27,393 --> 00:10:29,029
Listen to me.
204
00:10:29,062 --> 00:10:32,766
I already give her
6,000 bucks a month --
205
00:10:32,799 --> 00:10:35,068
more than I have to...
Which we will point out.
206
00:10:35,101 --> 00:10:38,171
Just to keep her yap shut
about what I do.
207
00:10:38,204 --> 00:10:39,272
Which we will not point out.
208
00:10:39,305 --> 00:10:41,575
Do you know
what she does all day?
209
00:10:41,608 --> 00:10:43,577
Gets her nails done
and bangs her boyfriend --
210
00:10:43,610 --> 00:10:47,047
6,000 bucks a month.
211
00:10:47,080 --> 00:10:49,516
This is how
she shows her gratitude.
212
00:10:49,550 --> 00:10:52,185
I'd like to try
to settle this.
213
00:10:52,218 --> 00:10:53,419
Why?
214
00:10:53,453 --> 00:10:54,855
Because I don't want it
coming down
215
00:10:54,888 --> 00:10:57,758
to your demeanor
or your word of honor.
216
00:11:00,627 --> 00:11:03,163
I got a meeting set up
with her attorney.
217
00:11:03,196 --> 00:11:06,900
If I could get 60 for you,
40 for her --
218
00:11:06,933 --> 00:11:08,134
That does you no good.
219
00:11:08,168 --> 00:11:10,336
I understand that,
but we got to look
220
00:11:10,370 --> 00:11:11,838
at what
we're faced with here.
221
00:11:11,872 --> 00:11:14,307
The Judge could
give her 60-40,
222
00:11:14,340 --> 00:11:15,976
and if he should
give it all to her --
223
00:11:16,009 --> 00:11:17,511
I'll kill her first.
224
00:11:23,149 --> 00:11:25,919
Maybe that should be
our strategy here.
225
00:11:25,952 --> 00:11:27,988
We tell her,
226
00:11:28,021 --> 00:11:30,957
"walk away
for health reasons."
227
00:11:32,693 --> 00:11:33,794
Are you threatening her?
228
00:11:33,827 --> 00:11:37,564
I'm using you
to intimidate her.
229
00:11:37,598 --> 00:11:40,066
Are you threatening her life?
230
00:11:41,935 --> 00:11:43,303
Of course not.
231
00:11:49,676 --> 00:11:50,977
Just get my money.
232
00:12:02,188 --> 00:12:04,457
You just take your time,
all right?
233
00:12:04,490 --> 00:12:06,727
Keep your answers short
and try to look at the jury.
234
00:12:06,760 --> 00:12:10,096
Is this attorney aggressive?
She didn't seem so.
235
00:12:10,130 --> 00:12:11,965
She'll be tougher in Court
than when she interviewed you,
236
00:12:11,998 --> 00:12:14,535
but you just stick to
what you saw and you'll be fine.
237
00:12:14,568 --> 00:12:15,602
Okay.
238
00:12:15,636 --> 00:12:18,705
All right. I'll see you
at 8:45 tomorrow -- sharp.
239
00:12:18,739 --> 00:12:19,640
Okay.
240
00:12:19,673 --> 00:12:20,440
(knock on door)
241
00:12:20,473 --> 00:12:21,141
Come in.
242
00:12:22,709 --> 00:12:23,877
Oh, I'm sorry.
I didn't know you were busy.
243
00:12:23,910 --> 00:12:25,178
No, it's all right.
We're just finishing.
244
00:12:25,211 --> 00:12:27,180
I believe you know
Martha McKee.
We've met.
245
00:12:27,213 --> 00:12:29,115
Hello again.
246
00:12:29,149 --> 00:12:30,784
We'll see you
tomorrow -- 8:45.
247
00:12:30,817 --> 00:12:31,785
Okay.
248
00:12:34,154 --> 00:12:35,822
(door closes)
249
00:12:35,856 --> 00:12:37,023
She's wrong about the I. D.
250
00:12:38,358 --> 00:12:39,593
You came here
to tell me that?
251
00:12:39,626 --> 00:12:42,195
She was scared to death,
probably focused on the gun,
252
00:12:42,228 --> 00:12:44,798
and we both know how unreliable
eyewitnesses can be.
253
00:12:45,632 --> 00:12:46,733
I'm not pleading out.
254
00:12:46,767 --> 00:12:48,134
He's got no priors
for violence
255
00:12:48,168 --> 00:12:49,536
and sitting
less than two blocks away
256
00:12:49,570 --> 00:12:52,172
in the same sweatshirt?
How stupid could he be?
257
00:12:52,205 --> 00:12:54,007
What about the cash?
$600? That's --
258
00:12:54,040 --> 00:12:55,976
He likes to carry cash.
There's nothing illegal --
259
00:12:56,009 --> 00:12:57,177
No deal.
260
00:12:59,045 --> 00:13:02,015
Look. I've been doing this
a long time
261
00:13:02,048 --> 00:13:05,519
and I'm not in the habit
of believing all my clients.
262
00:13:06,887 --> 00:13:08,188
I think he's innocent.
263
00:13:10,056 --> 00:13:12,726
12 years --
That's the best I can do.
264
00:13:12,759 --> 00:13:14,260
Come in with five,
I'll sell it.
265
00:13:14,294 --> 00:13:16,663
Well, I'm sure you would,
but I'm offering 12.
266
00:13:16,697 --> 00:13:18,431
He's 19.
267
00:13:18,464 --> 00:13:21,568
12 years in prison...
He'll never recover.
268
00:13:21,602 --> 00:13:23,269
Can't do it.
269
00:13:24,538 --> 00:13:26,072
I'm asking a favor.
270
00:13:27,273 --> 00:13:28,775
I'm sorry.
271
00:13:38,018 --> 00:13:39,419
When's
the settlement conference?
272
00:13:39,452 --> 00:13:40,587
20 minutes.
273
00:13:45,859 --> 00:13:47,093
So, when did all this start?
274
00:13:49,129 --> 00:13:50,831
The gambling.
275
00:13:50,864 --> 00:13:53,466
I told you.
Nickel-and-Dime bets
276
00:13:53,499 --> 00:13:55,301
to make the games
interesting.
277
00:13:55,335 --> 00:13:58,972
Then, you know, uh,
I upped it
278
00:13:59,005 --> 00:14:01,575
to make my life interesting.
279
00:14:03,677 --> 00:14:05,979
You get addicted
to the risk, I guess.
280
00:14:06,012 --> 00:14:08,815
Which means you have to bet more
than you can afford to lose.
281
00:14:08,849 --> 00:14:10,817
I ain't doin' it
anymore.
282
00:14:10,851 --> 00:14:12,753
Jimmy, if it's
an addiction --
283
00:14:12,786 --> 00:14:16,289
My cousin's in one of those
gambling anonymous clubs.
284
00:14:16,322 --> 00:14:17,958
Odds are I'll go.
285
00:14:19,726 --> 00:14:21,261
That was a joke.
286
00:14:21,294 --> 00:14:23,129
I'm not laughing.
287
00:14:23,163 --> 00:14:25,632
Hey, let's not forget
how I got here.
288
00:14:25,666 --> 00:14:27,701
I falsified loan documents
289
00:14:27,734 --> 00:14:29,469
and got myself fired
from a bank.
290
00:14:29,503 --> 00:14:30,671
That's my legacy.
291
00:14:30,704 --> 00:14:32,639
That's not your legacy.
292
00:14:35,475 --> 00:14:37,978
If you're trying to tell me
you're not smarter than this,
293
00:14:39,012 --> 00:14:40,747
I don't buy it.
294
00:14:40,781 --> 00:14:45,519
I'm not gambling anymore.
You have my word.
295
00:14:48,622 --> 00:14:51,892
Listen. I appreciate you not
296
00:14:51,925 --> 00:14:54,961
telling the others about --
297
00:14:58,364 --> 00:14:59,633
(knock on door)
298
00:14:59,666 --> 00:15:01,467
(door opens)
299
00:15:01,502 --> 00:15:03,537
Stuart Miller and client.
300
00:15:03,570 --> 00:15:04,805
Send them in.
301
00:15:06,272 --> 00:15:08,341
You okay to do this?
302
00:15:08,374 --> 00:15:10,744
Fine.
303
00:15:13,079 --> 00:15:16,316
(ring)
304
00:15:16,349 --> 00:15:18,018
Hello?
305
00:15:18,051 --> 00:15:19,686
Speaking.
306
00:15:23,557 --> 00:15:25,559
When?
307
00:15:28,228 --> 00:15:30,363
Oh, god.
308
00:15:35,502 --> 00:15:37,137
Yeah, okay.
309
00:15:42,342 --> 00:15:43,243
How?
310
00:15:43,276 --> 00:15:46,012
Heart attack.
She was just in my office.
311
00:15:46,046 --> 00:15:47,981
It happened on the drive home.
She's D. O. A.
312
00:15:48,014 --> 00:15:49,082
And this was
your eyewitness?
313
00:15:49,115 --> 00:15:51,618
Yes. My only eyewitness,
but she hadn't testified.
314
00:15:51,652 --> 00:15:53,053
She's due up next.
315
00:15:54,187 --> 00:15:57,090
Any recorded testimony
of any...
316
00:15:58,158 --> 00:15:59,760
I still got
the videotape.
317
00:15:59,793 --> 00:16:02,328
We got the clothes.
Maybe if I can sell --
318
00:16:02,362 --> 00:16:04,865
No gun? No prints?
319
00:16:07,500 --> 00:16:08,468
Without that eyewitness,
320
00:16:08,502 --> 00:16:10,737
the Judge will knock you out
under rule 25
321
00:16:10,771 --> 00:16:12,573
before it even gets
to the jury.
322
00:16:14,140 --> 00:16:16,142
Any chance
she'll put the defendant up?
323
00:16:16,176 --> 00:16:18,444
No, she's too smart.
324
00:16:20,013 --> 00:16:21,214
I think we're dead.
325
00:16:29,690 --> 00:16:32,092
Does Dole know
the witness is dead?
326
00:16:33,660 --> 00:16:35,962
No, I don't think so --
certainly not from me.
327
00:16:37,030 --> 00:16:40,133
Then there's still time.
Plead it out.
328
00:16:41,735 --> 00:16:43,704
Excuse me.
329
00:16:43,737 --> 00:16:45,906
You heard me.
330
00:16:45,939 --> 00:16:48,108
Kenny, I think
I have to tell her.
331
00:16:48,141 --> 00:16:51,978
No, you don't.
It isn't exculpatory evidence.
332
00:16:52,012 --> 00:16:53,780
You don't have to tell her
anything about this.
333
00:16:57,183 --> 00:16:59,953
Plead it out -- quick.
334
00:17:06,359 --> 00:17:08,028
I think we can all agree
335
00:17:08,061 --> 00:17:10,030
if we could work this out
amicably,
336
00:17:10,063 --> 00:17:10,897
it would save time --
337
00:17:10,931 --> 00:17:12,232
Oh, is that
the goal here --
338
00:17:12,265 --> 00:17:13,967
that we all get amicable?
Vicky.
339
00:17:14,000 --> 00:17:16,870
That the purpose of the fraud
is to bring us tight?
340
00:17:16,903 --> 00:17:18,338
This is her -- charming.
341
00:17:18,371 --> 00:17:20,406
Okay.
This isn't a good start.
342
00:17:20,440 --> 00:17:23,977
Look. The legal reality here
is not complicated.
343
00:17:24,010 --> 00:17:26,279
The lottery ticket was purchased
before the divorce.
344
00:17:26,312 --> 00:17:28,281
The prize was won
before the divorce.
345
00:17:28,314 --> 00:17:30,116
The money is
marital property.
346
00:17:30,150 --> 00:17:32,886
Not if he bought the ticket
with segregated funds.
347
00:17:32,919 --> 00:17:34,487
Do you have any records
from any bank accounts...
348
00:17:34,521 --> 00:17:36,056
I kept it cash.
349
00:17:36,089 --> 00:17:37,824
Oh, you can't even
lie well.
350
00:17:37,858 --> 00:17:40,460
All right. Anger isn't
going to help things.
351
00:17:40,493 --> 00:17:42,462
Anger is all he left me with,
Mr. Berluti.
352
00:17:42,495 --> 00:17:46,032
He divorced me
because he won the lottery.
353
00:17:46,066 --> 00:17:47,668
That is not true.
Sid...
354
00:17:47,701 --> 00:17:51,505
No, the marriage was dead.
We were no longer intimate.
355
00:17:51,538 --> 00:17:53,306
We didn't, uh, communicate.
356
00:17:53,339 --> 00:17:55,041
Communicate?
357
00:17:55,075 --> 00:17:57,678
You couldn't communicate
that you won the lottery.
358
00:17:57,711 --> 00:17:59,379
Or that you were
a bitch.
Hey!
359
00:17:59,412 --> 00:18:00,714
Play the tape.
360
00:18:00,747 --> 00:18:02,282
Vicky, I really prefer --
361
00:18:02,315 --> 00:18:03,750
Play the tape.
362
00:18:05,418 --> 00:18:07,253
(opens briefcase)
363
00:18:07,988 --> 00:18:09,455
What tape?
364
00:18:09,489 --> 00:18:12,593
This would be July 14th,
shortly before the lottery.
365
00:18:12,626 --> 00:18:13,794
May I?
366
00:18:13,827 --> 00:18:15,128
What is this?
367
00:18:15,161 --> 00:18:17,698
I believe
it speaks for itself.
368
00:18:19,533 --> 00:18:20,701
May I?
369
00:18:21,401 --> 00:18:22,903
Go ahead.
370
00:18:22,936 --> 00:18:24,938
You don't think I kept records
of certain things, Sid?
371
00:18:24,971 --> 00:18:26,439
What's going on?
372
00:18:31,778 --> 00:18:33,847
(moaning)
373
00:18:37,117 --> 00:18:40,621
This would be
your client here
374
00:18:40,654 --> 00:18:43,123
with the, uh,
female undergarments,
375
00:18:44,490 --> 00:18:47,994
and that would be
my client there
376
00:18:48,028 --> 00:18:51,197
with the, uh, apparatus.
377
00:18:52,332 --> 00:18:54,500
My client, from this angle,
378
00:18:54,535 --> 00:18:57,070
is on top of your client
right there...
379
00:18:57,103 --> 00:18:58,772
Turn it off.
380
00:19:01,174 --> 00:19:04,344
First of all,
that isn't relevant.
381
00:19:04,377 --> 00:19:06,346
As distasteful
as it is, Mr. Berluti,
382
00:19:06,379 --> 00:19:09,182
I'm afraid it is relevant.
Your client is claiming
383
00:19:09,215 --> 00:19:11,384
that the marriage was dead
before the lottery.
384
00:19:11,417 --> 00:19:13,620
He's saying
that there was no intimacy.
385
00:19:13,654 --> 00:19:16,557
Well, although
admittedly unconventional,
386
00:19:16,590 --> 00:19:19,359
that was conjugal activity
on that tape,
387
00:19:19,392 --> 00:19:21,595
and should this go to Court,
we will introduce it.
388
00:19:21,628 --> 00:19:22,796
I'll suppress it.
389
00:19:22,829 --> 00:19:24,164
I doubt it.
390
00:19:27,333 --> 00:19:28,401
Okay, here's the deal.
391
00:19:28,434 --> 00:19:31,738
I get 70 and you get 30.
392
00:19:31,772 --> 00:19:34,741
Just bend over
and take it, Sid.
393
00:19:34,775 --> 00:19:37,177
You never minded before.
394
00:19:42,282 --> 00:19:43,316
(elevator dings)
395
00:19:45,051 --> 00:19:47,654
Alan, these are the results
of our polygraph.
396
00:19:47,688 --> 00:19:48,855
He passed convincingly.
397
00:19:48,889 --> 00:19:50,423
Come on, Lindsay.
For all I know,
398
00:19:50,456 --> 00:19:52,593
you tested him 10 times
and he passed once.
399
00:19:52,626 --> 00:19:54,628
I didn't.
He's innocent, Alan.
400
00:19:54,661 --> 00:19:57,063
He stands to be convicted
for wearing a green sweatshirt.
401
00:19:57,097 --> 00:19:58,298
He didn't do it.
402
00:19:58,331 --> 00:19:59,299
(sighs)
403
00:19:59,332 --> 00:20:00,934
Look at his record,
for god's sake.
404
00:20:00,967 --> 00:20:04,070
He's never committed
any kind of violent crime.
405
00:20:08,408 --> 00:20:10,577
I need a favor here.
406
00:20:12,513 --> 00:20:14,314
Five years,
five more probation,
407
00:20:14,347 --> 00:20:18,151
and he waives parole.
That's the best I can do.
408
00:20:22,556 --> 00:20:24,057
(sighs)
409
00:20:25,358 --> 00:20:26,326
I'm not doing five years.
410
00:20:26,359 --> 00:20:27,761
Martin...
No!
411
00:20:27,794 --> 00:20:29,462
It's a good deal.
412
00:20:29,495 --> 00:20:31,331
Sending me to jail
for something I didn't do?
413
00:20:31,364 --> 00:20:33,366
The guy who shot that woman
is still out there.
414
00:20:33,399 --> 00:20:34,367
Don't they care about that?
415
00:20:34,400 --> 00:20:36,236
I don't care about him.
I care about you.
416
00:20:36,269 --> 00:20:38,839
I don't want you doing
15 years.
It's not the truth!
417
00:20:38,872 --> 00:20:42,475
Forget about the truth.
It doesn't work that way.
418
00:20:48,982 --> 00:20:50,984
I can't win this trial.
419
00:20:53,720 --> 00:20:55,121
If I thought I could...
420
00:20:58,191 --> 00:21:01,528
five years --
you still have a life left.
421
00:21:01,562 --> 00:21:03,730
15 -- you don't.
422
00:21:09,335 --> 00:21:11,437
Your Honor,
we've reached an agreement.
423
00:21:11,471 --> 00:21:12,906
Is that right,
Ms. Dole?
424
00:21:12,939 --> 00:21:13,940
Yes, Your Honor.
425
00:21:13,974 --> 00:21:16,009
My client is prepared
to enter a change of plea.
426
00:21:16,042 --> 00:21:19,145
Mr. Jenks, is it your desire
to plead guilty at this time?
427
00:21:19,179 --> 00:21:22,215
(voice breaking)
Yes, uh, yes. Ahem.
428
00:21:22,248 --> 00:21:23,750
I need you
to speak up, son.
429
00:21:23,784 --> 00:21:25,652
Yes.
430
00:21:25,686 --> 00:21:27,854
All right.
Now I need to ask you
431
00:21:27,888 --> 00:21:29,523
some questions
for the record.
432
00:21:29,556 --> 00:21:31,825
Okay.
433
00:21:31,858 --> 00:21:35,161
Is your decision to plead guilty
being made voluntarily?
434
00:21:35,195 --> 00:21:37,197
Yes.
435
00:21:37,230 --> 00:21:39,733
Did you talk about it
with your attorney?
436
00:21:41,001 --> 00:21:42,168
Yes.
437
00:21:42,202 --> 00:21:44,971
You understand that by pleading
you're waiving your right
438
00:21:45,005 --> 00:21:47,407
to cross-examine witnesses,
present evidence,
439
00:21:47,440 --> 00:21:49,042
and have a jury
decide your guilt?
440
00:21:50,777 --> 00:21:52,145
Yes.
441
00:21:52,178 --> 00:21:54,214
Ms. Dole,
442
00:21:54,247 --> 00:21:56,717
have you advised your client
regarding this plea?
443
00:21:56,750 --> 00:21:58,151
I have, Your Honor.
444
00:21:58,184 --> 00:21:59,485
And you concur with it?
445
00:21:59,520 --> 00:22:00,954
I do.
446
00:22:00,987 --> 00:22:04,525
All right, before I can
formally take the guilty plea,
447
00:22:04,558 --> 00:22:06,026
I need the defendant
to establish
448
00:22:06,059 --> 00:22:07,493
a factual basis for it.
449
00:22:12,465 --> 00:22:14,500
What she said, um,
450
00:22:14,535 --> 00:22:16,637
my lawyer already told you.
I want to plead guilty.
451
00:22:16,670 --> 00:22:18,104
Martin, you have to --
452
00:22:18,138 --> 00:22:21,642
Son, I need you to tell me
what you did in your own words.
453
00:22:21,675 --> 00:22:24,144
Otherwise,
I can't accept your plea.
454
00:22:27,080 --> 00:22:28,715
I, um...
455
00:22:30,651 --> 00:22:33,820
I did what the prosecutor
said I did.
456
00:22:33,854 --> 00:22:36,056
You robbed and then shot
457
00:22:36,089 --> 00:22:38,124
the woman
in the convenience store?
458
00:22:40,360 --> 00:22:41,494
Yes.
459
00:22:41,528 --> 00:22:44,665
So, as to the charge
of attempted murder,
460
00:22:44,698 --> 00:22:45,999
you wish to plead guilty?
461
00:22:54,941 --> 00:22:55,609
Yes.
462
00:22:55,642 --> 00:22:56,977
Very well.
463
00:22:57,010 --> 00:22:58,979
The plea is accepted.
Mr. Lowe?
464
00:22:59,012 --> 00:23:00,781
Commonwealth moves
for remand.
465
00:23:00,814 --> 00:23:03,283
Granted. The defendant is
remanded into custody
466
00:23:03,316 --> 00:23:05,519
pending sentencing,
and we are adjourned.
467
00:23:05,552 --> 00:23:06,186
(bangs gavel)
468
00:23:06,219 --> 00:23:07,554
Are you okay?
469
00:23:23,737 --> 00:23:25,506
Thank you.
470
00:23:25,539 --> 00:23:27,340
Okay.
471
00:23:28,074 --> 00:23:30,110
I won't forget it.
472
00:23:45,559 --> 00:23:47,661
This is not a good result,
Jimmy.
473
00:23:47,694 --> 00:23:51,397
I'm due 50. I hire you
to try to bump it up to 70,
474
00:23:51,431 --> 00:23:54,100
and now you're advising me
to take 30?
475
00:23:54,134 --> 00:23:55,636
It's not a good result.
476
00:23:55,669 --> 00:23:57,804
If you want to go to trial,
I will do that.
477
00:23:57,838 --> 00:24:00,907
What's the chance of that tape
coming into play?
478
00:24:00,941 --> 00:24:03,109
I'd bring a motion in liminie
to try to prevent that,
479
00:24:03,143 --> 00:24:06,012
but I can't guarantee
success.
480
00:24:08,214 --> 00:24:10,884
If you're worried about
people seeing that video,
481
00:24:10,917 --> 00:24:12,052
and having seen it,
482
00:24:12,085 --> 00:24:14,521
I would say your concern
is a good one,
483
00:24:14,555 --> 00:24:17,190
I'd settle.
484
00:24:17,223 --> 00:24:19,960
And just let her win?
485
00:24:19,993 --> 00:24:22,896
I don't know
what else to tell you.
486
00:24:30,070 --> 00:24:31,705
Don't you look comfortable.
487
00:24:31,738 --> 00:24:33,273
Hey, between a trial
and a baby at home,
488
00:24:33,306 --> 00:24:36,510
if I find a quiet moment,
I seize it.
489
00:24:36,543 --> 00:24:37,711
You got a problem
with that?
490
00:24:37,744 --> 00:24:40,413
Evidently not.
491
00:24:40,446 --> 00:24:42,248
I only came into work today
because I'm exhausted.
492
00:24:42,282 --> 00:24:44,017
Tell me about it.
493
00:24:44,050 --> 00:24:45,686
Hey, Lindsay,
did you see this?
494
00:24:45,719 --> 00:24:49,222
Today's obit page.
495
00:24:49,790 --> 00:24:51,391
What?
496
00:24:51,424 --> 00:24:55,195
Witness in my trial died --
a heart attack.
497
00:24:55,228 --> 00:24:58,732
One of yours or theirs?
498
00:24:58,765 --> 00:25:01,635
Theirs.
499
00:25:02,168 --> 00:25:02,803
(door opens)
500
00:25:02,836 --> 00:25:04,337
You knew she was dead.
501
00:25:04,370 --> 00:25:05,839
If you're going
to yell --
502
00:25:05,872 --> 00:25:08,308
I'm not yelling.
I am using a firm voice.
503
00:25:08,341 --> 00:25:10,110
You knew she was dead.
504
00:25:14,480 --> 00:25:15,516
This case was over.
505
00:25:16,817 --> 00:25:18,819
Without that witness,
you had to dismiss.
506
00:25:18,852 --> 00:25:19,753
Not true.
507
00:25:19,786 --> 00:25:21,187
It's fraud.
You intentionally withheld --
508
00:25:21,221 --> 00:25:23,089
Hey, your client committed
attempted murder.
509
00:25:23,123 --> 00:25:26,292
Five years for that is a gift,
for your information.
510
00:25:26,326 --> 00:25:27,293
I'm filing a motion
to vacate the plea,
511
00:25:27,327 --> 00:25:29,195
and then I'm going
straight to your supervisor.
512
00:25:29,229 --> 00:25:31,431
Let me
save you the trouble.
513
00:25:32,699 --> 00:25:34,000
Mr. Lowe was acting
under my direction
514
00:25:34,034 --> 00:25:36,102
and with my complete approval.
515
00:25:38,038 --> 00:25:40,440
What, so this was
a conspiracy to mislead me?
516
00:25:40,473 --> 00:25:42,475
We were acting within
the ethical boundaries --
517
00:25:42,509 --> 00:25:46,312
That's crap. You lied to me.
You withheld material evidence.
518
00:25:46,346 --> 00:25:48,281
It is not evidence,
Ms. Dole, and further--
519
00:25:48,314 --> 00:25:50,016
You can't sit on that kind
of information, not when --
520
00:25:50,050 --> 00:25:52,285
You got the deal
you were asking for.
521
00:25:52,318 --> 00:25:55,255
You pushed for it,
not us.
522
00:25:57,123 --> 00:25:58,925
Are you serious?
523
00:25:59,560 --> 00:26:01,528
We did nothing wrong.
524
00:26:15,208 --> 00:26:16,810
First,
you need to calm down.
525
00:26:16,843 --> 00:26:18,879
Don't tell me to calm down.
You calm down.
526
00:26:18,912 --> 00:26:20,881
Okay, I'm going to take a second
and calm myself down.
527
00:26:20,914 --> 00:26:23,216
You think this is funny?
I think it's disgusting,
528
00:26:23,249 --> 00:26:25,686
and I think all three of us
should go into Court,
529
00:26:25,719 --> 00:26:28,321
but we can't in
with emotion, Lindsay.
530
00:26:28,354 --> 00:26:29,690
He would have walked.
531
00:26:29,723 --> 00:26:31,157
An innocent kid is
doing five years --
532
00:26:31,191 --> 00:26:33,159
Let's do some research
on whether it qualifies
533
00:26:33,193 --> 00:26:35,929
as exculpatory
or denial of due process.
534
00:26:35,962 --> 00:26:38,031
Eugene, maybe you
and Rebecca can get on that.
535
00:26:38,064 --> 00:26:40,000
You need
to draft a declaration
536
00:26:40,033 --> 00:26:43,369
setting forth
exactly what Lowe told you.
537
00:26:43,403 --> 00:26:44,838
I'll mark up the motion
with the clerk's office.
538
00:26:44,871 --> 00:26:47,140
We can't let them get
away with this, Bobby.
539
00:26:47,173 --> 00:26:48,141
We can't.
540
00:26:49,743 --> 00:26:51,578
Can I help you, Lucy?
541
00:26:51,612 --> 00:26:53,880
Jimmy's case is over.
542
00:27:13,800 --> 00:27:16,670
Jimmy,
what are you doing here?
543
00:27:16,703 --> 00:27:19,740
Family lawyer.
Can I see?
544
00:27:19,773 --> 00:27:21,341
It's not going
to make your day.
545
00:27:21,374 --> 00:27:23,309
I'd like to see.
546
00:27:32,853 --> 00:27:34,821
Shots were heard
less than an hour ago.
547
00:27:36,823 --> 00:27:37,691
Witnesses?
548
00:27:37,724 --> 00:27:39,593
Nobody yet.
549
00:27:40,326 --> 00:27:41,862
Your client's over here.
550
00:27:49,803 --> 00:27:52,305
That's not my client,
actually.
551
00:27:54,307 --> 00:27:57,210
I represent her husband.
552
00:27:57,243 --> 00:27:59,780
We heard they're
going through a divorce.
553
00:28:01,648 --> 00:28:03,650
Yeah.
554
00:28:04,818 --> 00:28:05,652
Would you happen to know
555
00:28:05,686 --> 00:28:07,721
where your client is
right now, Jimmy?
556
00:28:10,490 --> 00:28:12,192
No.
557
00:28:20,033 --> 00:28:22,302
Well, can I
take my plea back now?
558
00:28:22,335 --> 00:28:23,770
I don't know.
559
00:28:23,804 --> 00:28:25,772
That's what we'll be going
into Court to ask for.
560
00:28:25,806 --> 00:28:27,741
They can just lie
like this?
561
00:28:27,774 --> 00:28:29,275
I'm not sure.
562
00:28:29,309 --> 00:28:31,712
I've never really heard
of this happening before.
563
00:28:33,714 --> 00:28:38,018
So...When -- When you were
convincing me to plea,
564
00:28:38,051 --> 00:28:40,386
the witness was
already dead?
565
00:28:40,420 --> 00:28:42,488
Yes.
566
00:28:44,925 --> 00:28:47,160
We're going
to fight this, Martin.
567
00:28:50,396 --> 00:28:53,834
I stood up in Court
and I told the Judge --
568
00:28:53,867 --> 00:28:58,672
everybody -- that I did it,
and I didn't.
569
00:28:59,906 --> 00:29:01,908
I've got my whole firm
on it now.
570
00:29:01,942 --> 00:29:05,178
We're in before Judge Wilcox
tomorrow.
571
00:29:05,211 --> 00:29:08,048
Well, do you think
we'll win?
572
00:29:09,516 --> 00:29:14,220
We have a real chance.
This isn't over.
573
00:29:30,571 --> 00:29:32,873
Any listening devices
in there?
574
00:29:32,906 --> 00:29:34,575
None.
575
00:29:45,952 --> 00:29:48,054
You believe this?
They think I whacked her.
576
00:29:48,655 --> 00:29:50,390
Did you?
577
00:29:52,926 --> 00:29:56,062
I am shocked that you would
ask me that, Jimmy.
578
00:29:58,331 --> 00:30:00,734
Check my alibi,
you want peace of mind.
579
00:30:01,234 --> 00:30:02,603
Did you have it done?
580
00:30:02,636 --> 00:30:04,838
All right,
just get me out.
581
00:30:10,844 --> 00:30:12,513
What have you told them?
582
00:30:13,814 --> 00:30:15,616
Nothing.
583
00:30:15,649 --> 00:30:18,118
Just asked for my lawyer --
period.
584
00:30:18,151 --> 00:30:22,022
I didn't even so much as express
grief over my wife's demise,
585
00:30:22,055 --> 00:30:23,557
which was difficult.
586
00:30:27,928 --> 00:30:29,763
Get me out.
587
00:30:35,301 --> 00:30:37,203
I understand
they don't like it,
588
00:30:37,237 --> 00:30:39,606
but the fact remains
this plea is valid.
589
00:30:39,640 --> 00:30:41,742
It was a violation
of due process.
590
00:30:41,775 --> 00:30:44,377
It was made in bad faith
and secured by fraud.
591
00:30:44,410 --> 00:30:45,712
We did no such thing.
592
00:30:45,746 --> 00:30:48,181
You deliberately withheld
material evidence.
593
00:30:48,214 --> 00:30:50,751
We have a duty to disclose
exculpatory evidence --
594
00:30:50,784 --> 00:30:53,186
evidence that shows
he didn't commit the crime.
595
00:30:53,219 --> 00:30:54,721
The fact
that our witness died
596
00:30:54,755 --> 00:30:56,857
has nothing to do
with whether he's guilty.
597
00:30:56,890 --> 00:30:58,792
It went to whether
you even had a case.
598
00:30:58,825 --> 00:31:00,193
Mr. Donnell, your client
599
00:31:00,226 --> 00:31:02,195
accepted the plea
in my courtroom.
600
00:31:02,228 --> 00:31:04,164
I heard it.
He stood right there
601
00:31:04,197 --> 00:31:06,166
and admitted he robbed
and shot that woman.
602
00:31:06,199 --> 00:31:07,467
Which was extortion.
603
00:31:07,500 --> 00:31:08,635
Extortion?
Ms. Dole?
604
00:31:08,669 --> 00:31:11,772
Martin Jenks has always
maintained his innocence.
605
00:31:11,805 --> 00:31:14,007
He took this plea
because I forced him to
606
00:31:14,040 --> 00:31:16,142
because I believed the
eyewitness was ready to testify.
607
00:31:16,176 --> 00:31:18,344
Lawyers play poker
all the time.
608
00:31:18,378 --> 00:31:19,646
Oh, don't insult me
or this Court
609
00:31:19,680 --> 00:31:21,682
by calling
what you did "poker."
Lindsay.
610
00:31:21,715 --> 00:31:24,951
Your honor, every defendant
who pleads takes a chance.
611
00:31:24,985 --> 00:31:27,253
He's gambling that he'll be
better off pleading guilty
612
00:31:27,287 --> 00:31:29,455
than going to trial
and getting convicted.
613
00:31:29,489 --> 00:31:32,593
Sometimes he's right
and sometimes he's wrong,
614
00:31:32,626 --> 00:31:35,195
but the law doesn't permit him
to withdraw his plea
615
00:31:35,228 --> 00:31:36,730
because he later learns
616
00:31:36,763 --> 00:31:39,099
that he overestimated
the strength of our case.
617
00:31:39,132 --> 00:31:41,568
This wasn't an estimation.
Who's arguing here?
618
00:31:41,602 --> 00:31:43,704
Whatever chance they had
at winning at trial
619
00:31:43,737 --> 00:31:46,973
died along with Mrs. McKee.
As an officer of the Court,
620
00:31:47,007 --> 00:31:49,409
Mr. Lowe was obligated
to reveal that to me
621
00:31:49,442 --> 00:31:50,777
as well as to you,
Your Honor.
622
00:31:50,811 --> 00:31:53,980
There is no such obligation
in either case law or statute.
623
00:31:54,014 --> 00:31:56,216
What about
fundamental fairness?
624
00:31:57,951 --> 00:31:59,953
Your honor, over 90%
of all criminal cases
625
00:31:59,986 --> 00:32:01,522
are resolved by plea bargains.
626
00:32:01,555 --> 00:32:04,891
To work, the whole system
has to be based on trust.
627
00:32:04,925 --> 00:32:07,694
Mr. Lowe and Mr. Walsh
violated that trust.
628
00:32:07,728 --> 00:32:09,530
The system is doing fine,
Ms. Dole,
629
00:32:09,563 --> 00:32:12,498
and the right man is behind bars
where he belongs.
630
00:32:12,533 --> 00:32:14,735
Perhaps what's really
going on here is
631
00:32:14,768 --> 00:32:16,302
Ms. Dole's concerned
about her own actions.
632
00:32:16,336 --> 00:32:18,071
I didn't know I was
negotiating with liars.
633
00:32:18,104 --> 00:32:19,072
I object to that.
634
00:32:19,105 --> 00:32:21,207
You're a liar.
Ms. Dole...
635
00:32:21,241 --> 00:32:23,944
They care more about railroading
people than doing justice.
636
00:32:23,977 --> 00:32:27,514
Martin Jenks is in jail right
now for something he didn't do.
637
00:32:27,548 --> 00:32:28,782
That fact doesn't seem
638
00:32:28,815 --> 00:32:31,451
to bother the D. A.'s office.
It should bother this Court.
639
00:32:31,484 --> 00:32:32,553
It bothers the Court
640
00:32:32,586 --> 00:32:34,354
that you forced your client
to enter a guilty plea.
641
00:32:34,387 --> 00:32:36,356
I persuaded him,
thinking that --
You said "forced."
642
00:32:36,389 --> 00:32:37,323
Let me talk.
643
00:32:52,573 --> 00:32:54,541
We make our decisions,
644
00:32:54,575 --> 00:32:58,378
and -- and, yes, we...
force our clients' hands
645
00:32:58,411 --> 00:33:00,446
based
on the case they have --
646
00:33:00,480 --> 00:33:04,284
whether they can
make their burden.
647
00:33:04,317 --> 00:33:06,386
This case was a lie,
648
00:33:06,419 --> 00:33:08,655
a knowing lie,
649
00:33:08,689 --> 00:33:12,893
which my client relied on
to his detriment.
650
00:33:29,142 --> 00:33:30,644
Did I lose it?
651
00:33:30,677 --> 00:33:31,845
A little.
652
00:33:31,878 --> 00:33:34,648
But I think
you did fine.
653
00:33:34,681 --> 00:33:38,018
Hopefully your passion...
654
00:33:38,051 --> 00:33:39,352
will count.
655
00:33:41,087 --> 00:33:43,356
He said 20 minutes.
656
00:34:01,207 --> 00:34:02,976
As far as the police
are concerned,
657
00:34:03,009 --> 00:34:04,344
there's still no evidence.
658
00:34:04,377 --> 00:34:06,613
Which there wouldn't be
'cause I'm innocent.
659
00:34:06,647 --> 00:34:07,814
Right.
660
00:34:07,848 --> 00:34:10,651
What about the status
of the lottery winnings?
661
00:34:10,684 --> 00:34:13,620
Your wife's estate
can still make a claim.
662
00:34:13,654 --> 00:34:14,821
Do you want me
to follow up on that?
663
00:34:14,855 --> 00:34:16,089
No.
664
00:34:16,122 --> 00:34:19,893
Think I might engage
new counsel, just the same.
665
00:34:20,994 --> 00:34:23,063
So, I guess
we're done, then.
666
00:34:23,096 --> 00:34:26,199
Done? You still owe me
the 27, Jimmy.
667
00:34:26,232 --> 00:34:28,635
Didn't exactly work that off.
668
00:34:28,669 --> 00:34:30,837
I think we're done, Sid.
669
00:34:30,871 --> 00:34:33,574
If I was in a position
to be charitable,
670
00:34:33,607 --> 00:34:34,575
that would be one thing,
671
00:34:34,608 --> 00:34:37,277
but I got debts
to pay off.
672
00:34:38,779 --> 00:34:40,581
What do you say
you walk out the door,
673
00:34:40,614 --> 00:34:44,284
forget my debt,
and I'll forget
674
00:34:44,317 --> 00:34:46,820
how you threatened
to kill your wife?
675
00:34:46,853 --> 00:34:48,855
Privileged.
676
00:34:48,889 --> 00:34:50,524
Bodily threats
don't apply to --
677
00:34:50,557 --> 00:34:53,493
So, why didn't you
blow your whistle?
678
00:34:55,562 --> 00:34:57,731
If you thought I was
going to hurt her
679
00:34:57,764 --> 00:34:58,999
and you stayed quiet,
680
00:34:59,032 --> 00:35:01,434
that doesn't look good
for you, does it?
681
00:35:03,336 --> 00:35:06,372
You want to know how big
your gambling jones is, Jimmy?
682
00:35:06,406 --> 00:35:08,509
You didn't want to hear it
as a real threat
683
00:35:08,542 --> 00:35:11,277
because you wanted
to pay off those bets.
684
00:35:11,311 --> 00:35:13,580
(laughs softly)
685
00:35:13,614 --> 00:35:19,485
The truth is, I got more on you
than you got on me.
686
00:35:21,421 --> 00:35:25,859
I'm asking you to get
out of this office now.
687
00:35:25,892 --> 00:35:27,828
You're making me upset.
688
00:35:29,262 --> 00:35:32,799
From what you've seen,
do I respond to stress good?
689
00:35:32,833 --> 00:35:35,569
You're threatening me now?
690
00:35:39,840 --> 00:35:41,808
Of course not.
691
00:35:48,381 --> 00:35:49,583
I will say this.
692
00:35:52,418 --> 00:35:54,287
You don't even know
what you're into.
693
00:35:57,357 --> 00:36:01,762
I need that money.
I'll give you a week.
694
00:36:18,311 --> 00:36:19,746
Close the door, please.
695
00:36:22,849 --> 00:36:23,950
We're doing this in here
696
00:36:23,984 --> 00:36:26,052
because some of what I want
to say is off the record.
697
00:36:26,853 --> 00:36:28,622
Actually, it's our
office policy
698
00:36:28,655 --> 00:36:30,090
that a Court reporter
be present for --
699
00:36:30,123 --> 00:36:32,793
Mr. Lowe, I don't really care
at this moment
700
00:36:32,826 --> 00:36:34,327
about your office policy.
701
00:36:36,396 --> 00:36:39,099
We're fine without
a Court reporter, Your Honor.
702
00:36:41,367 --> 00:36:44,605
Mr. Walsh,
I've known you a long time,
703
00:36:44,638 --> 00:36:46,507
and I've known you to be
a straight shooter.
704
00:36:46,540 --> 00:36:49,976
But I am very troubled by
the due process implications
705
00:36:50,010 --> 00:36:51,477
of what happened here.
706
00:36:51,512 --> 00:36:55,181
Your honor, this defendant
committed a violent --
Save it.
707
00:36:55,215 --> 00:36:56,650
There are no reporters present,
708
00:36:56,683 --> 00:36:58,819
and I don't need to hear
your stump speech.
709
00:37:00,521 --> 00:37:03,690
Then we'll submit on our
prior argument
710
00:37:03,724 --> 00:37:05,926
and again ask this Court
to deny
711
00:37:05,959 --> 00:37:08,595
defendant's motion
to withdraw his plea.
712
00:37:08,629 --> 00:37:11,598
Fine.
713
00:37:11,632 --> 00:37:14,267
I brought you in here,
Mr. Walsh and Mr. Lowe,
714
00:37:14,300 --> 00:37:17,137
rather than embarrass you
in public,
715
00:37:17,170 --> 00:37:18,038
because I wanted to tell you
716
00:37:18,071 --> 00:37:19,706
that there is something
more important
717
00:37:19,740 --> 00:37:22,242
than the mere holding
of a case.
718
00:37:22,275 --> 00:37:24,377
I am talking
about fair and unfair,
719
00:37:24,410 --> 00:37:26,680
right and wrong,
720
00:37:26,713 --> 00:37:28,682
and what happened
in this case is wrong.
721
00:37:30,784 --> 00:37:34,020
And it sickens me that you two
can't see that.
722
00:37:39,325 --> 00:37:43,096
Everything I said in Court,
and I mean everything,
723
00:37:43,129 --> 00:37:45,165
was a correct statement
of the law.
724
00:37:46,166 --> 00:37:47,834
And since we're
off the record,
725
00:37:47,868 --> 00:37:49,202
let me just say frankly
726
00:37:49,235 --> 00:37:50,971
that I don't need lectures
from Your Honor
727
00:37:51,004 --> 00:37:52,038
about right and wrong.
728
00:37:53,173 --> 00:37:54,374
Mr. Jenks pled guilty
729
00:37:54,407 --> 00:37:57,243
because he is guilty,
and neither the law
730
00:37:57,277 --> 00:37:59,580
nor anybody's misplaced
sense of injustice
731
00:37:59,613 --> 00:38:02,482
allows him to withdraw
that plea.
732
00:38:02,516 --> 00:38:03,950
That's the law.
733
00:38:07,821 --> 00:38:11,057
The law also allows me
to throw your ass in a cell
734
00:38:11,091 --> 00:38:12,492
for contempt.
735
00:38:13,493 --> 00:38:15,562
I don't mean to show
Your Honor disrespect,
736
00:38:15,596 --> 00:38:17,598
but I will remind
Your Honor
737
00:38:17,631 --> 00:38:20,166
that district attorneys
are officers of the Court
738
00:38:20,200 --> 00:38:22,736
who must conduct themselves
in accordance
739
00:38:22,769 --> 00:38:24,304
with established law.
740
00:38:24,805 --> 00:38:26,239
Mr. Lowe and I did that,
741
00:38:26,272 --> 00:38:28,575
and we don't need
to be brought into chambers
742
00:38:28,609 --> 00:38:30,110
to be told
how we sicken you.
743
00:38:30,143 --> 00:38:33,013
Say it out there, where
you'll be held accountable.
744
00:38:34,080 --> 00:38:36,883
I am saying it here.
745
00:38:44,558 --> 00:38:47,427
And if I had a choice,
I would set aside this plea,
746
00:38:47,460 --> 00:38:51,832
but --
Your honor, please.
747
00:38:51,865 --> 00:38:55,401
I cannot throw out a knowing
and voluntary plea of guilty
748
00:38:55,435 --> 00:38:56,803
on these facts.
749
00:38:56,837 --> 00:38:59,906
You negotiated what you thought
was a good deal.
750
00:38:59,940 --> 00:39:01,708
You could have advised
your client
751
00:39:01,742 --> 00:39:02,976
to continue with the trial,
752
00:39:03,009 --> 00:39:05,879
challenge the evidence.
You didn't.
753
00:39:05,912 --> 00:39:09,315
The law doesn't allow you
to benefit from regret.
754
00:39:09,349 --> 00:39:12,686
It is my regret as well.
755
00:39:12,719 --> 00:39:15,622
I am very sorry.
756
00:39:18,191 --> 00:39:21,027
Defendant's motion is denied.
757
00:40:00,701 --> 00:40:02,368
Lindsay.
758
00:40:04,971 --> 00:40:07,808
I respect that it's
an adversary process,
759
00:40:07,841 --> 00:40:09,710
but I didn't come to you
as an adversary.
760
00:40:09,743 --> 00:40:11,011
I dropped my sword
and asked for a favor,
761
00:40:11,044 --> 00:40:13,046
and you played it
like a favor.
762
00:40:13,079 --> 00:40:15,048
That isn't gamesmanship,
Alan.
763
00:40:15,081 --> 00:40:17,984
It was dishonest.
You know it, I know it.
764
00:40:18,018 --> 00:40:19,853
I gather you can live with it.
765
00:40:19,886 --> 00:40:23,256
There's an innocent kid
in prison who may not.
766
00:40:36,369 --> 00:40:38,605
(zips purse)
767
00:40:38,639 --> 00:40:41,141
All right, I'm gone.
768
00:40:42,442 --> 00:40:43,276
Can you lock up?
769
00:40:43,309 --> 00:40:45,145
Sure.
770
00:40:47,247 --> 00:40:48,682
Can I ask you something,
Jimmy?
771
00:40:50,551 --> 00:40:51,985
Did he do it?
772
00:40:53,820 --> 00:40:57,724
Oh, come on.
Privilege extends to me.
773
00:40:57,758 --> 00:40:59,492
Throw me a bone.
774
00:40:59,526 --> 00:41:01,461
He says he didn't.
775
00:41:01,494 --> 00:41:03,096
Right.
776
00:41:09,870 --> 00:41:10,971
Earth to Jimmy.
777
00:41:13,139 --> 00:41:14,875
Are you okay?
778
00:41:14,908 --> 00:41:17,544
Yeah. I'll lock up.
779
00:41:18,344 --> 00:41:19,780
Good night.
780
00:41:19,813 --> 00:41:21,347
Night.
781
00:41:28,488 --> 00:41:30,090
(door closes)
782
00:41:50,877 --> 00:41:53,446
They're coming to take you
to Concord.
783
00:41:53,479 --> 00:41:55,549
It's a high-security prison.
784
00:41:55,582 --> 00:41:56,583
Tonight?
785
00:41:57,618 --> 00:41:59,786
Yeah.
786
00:42:00,453 --> 00:42:02,523
Everybody convicted
of a violent crime
787
00:42:02,556 --> 00:42:04,691
goes there first.
788
00:42:06,927 --> 00:42:08,662
I'm going to petition
the department of corrections
789
00:42:08,695 --> 00:42:10,230
to move you
as soon as possible.
790
00:42:11,297 --> 00:42:13,033
Oh.
791
00:42:13,066 --> 00:42:14,968
I'm also going to ask them
to designate you
792
00:42:15,001 --> 00:42:16,637
a vulnerable inmate.
793
00:42:19,205 --> 00:42:20,741
Okay.
794
00:42:20,774 --> 00:42:22,242
It may take a while.
795
00:42:22,876 --> 00:42:24,945
In the meantime,
I've requested
796
00:42:24,978 --> 00:42:27,213
that they keep you
in solitary,
797
00:42:27,247 --> 00:42:29,650
but I can't guarantee
they'll do it.
798
00:42:32,753 --> 00:42:35,789
I'll get another lawyer
to handle your appeal,
799
00:42:35,822 --> 00:42:38,024
a specialist,
the best I can find.
800
00:42:38,058 --> 00:42:42,763
I'll ask him to argue
that I was ineffective,
801
00:42:42,796 --> 00:42:46,867
that you had inadequate
legal representation.
802
00:42:46,900 --> 00:42:49,202
It's a long shot
but worth a try.
803
00:42:49,235 --> 00:42:51,972
We can't give up.
804
00:42:52,005 --> 00:42:55,776
Just stay alive in there.
Give me time.
805
00:42:55,809 --> 00:42:58,344
I'll do whatever it takes
to fix this.
806
00:42:58,378 --> 00:43:00,413
The appellate process
takes time,
807
00:43:00,446 --> 00:43:02,315
but I trust it.
808
00:43:04,284 --> 00:43:06,687
I'll start on our briefs
tomorrow.
809
00:43:16,730 --> 00:43:18,632
(music playing)
810
00:43:43,023 --> 00:43:44,024
You stinker!
58107
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