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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:05,806 --> 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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