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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:03,097 --> 00:00:06,968 I don't understand. You've got all the evidence. 2 00:00:07,001 --> 00:00:09,637 He knows he killed her. What defense could he have? 3 00:00:09,670 --> 00:00:11,305 Honestly, I don't know. 4 00:00:11,339 --> 00:00:12,606 I thought insanity, 5 00:00:12,640 --> 00:00:16,110 but I guess they can't find a shrink willing to testify. 6 00:00:16,144 --> 00:00:17,411 (sighs) 7 00:00:17,445 --> 00:00:21,249 I prayed he'd plead guilty so this would be over. 8 00:00:25,653 --> 00:00:27,188 Well, we don't start for another hour. 9 00:00:27,221 --> 00:00:30,724 We can still offer him a deal. 10 00:00:32,994 --> 00:00:34,628 JOHNSON: What kind of deal? 11 00:00:34,662 --> 00:00:38,632 Murder two, and that's a gift. 12 00:00:38,666 --> 00:00:39,800 That's still life, man. 13 00:00:39,834 --> 00:00:42,203 With the possibility of parole. 14 00:00:42,236 --> 00:00:43,137 No. No. 15 00:00:43,171 --> 00:00:45,706 Daryl, you have no defense. 16 00:00:45,739 --> 00:00:47,475 Your semen was found in the victim. 17 00:00:47,508 --> 00:00:48,709 I made love with her earlier. 18 00:00:48,742 --> 00:00:50,611 Your prints are on the murder weapon. 19 00:00:50,644 --> 00:00:52,546 A witness saw you run out of her apartment 20 00:00:52,580 --> 00:00:54,015 at the time she was murdered. 21 00:00:54,048 --> 00:00:56,784 The witness got it wrong, Mr. Young. 22 00:00:56,817 --> 00:00:57,785 It's as simple as that. 23 00:00:57,818 --> 00:00:59,153 Well, she seems pretty sure. 24 00:00:59,187 --> 00:01:02,823 She got it wrong. 25 00:01:02,857 --> 00:01:05,894 A friend of mine in this trial called this doctor witness. 26 00:01:05,927 --> 00:01:07,428 He talked about how some white people 27 00:01:07,461 --> 00:01:08,696 can't tell black people apart-- 28 00:01:08,729 --> 00:01:10,531 some disease or something like that. 29 00:01:10,564 --> 00:01:13,501 That witness has got that disease is all. 30 00:01:13,534 --> 00:01:16,004 We gotta call this doctor. 31 00:01:16,037 --> 00:01:18,840 I don't think race is an issue here, Daryl. 32 00:01:18,873 --> 00:01:21,075 You don't understand, Mr. Young. 33 00:01:21,109 --> 00:01:23,377 I'm instructing you to make it an issue. 34 00:01:27,348 --> 00:01:29,750 (music playing) 35 00:02:16,130 --> 00:02:18,032 What do you mean you want out? 36 00:02:18,066 --> 00:02:19,433 Just what I'm saying, Your Honor. 37 00:02:19,467 --> 00:02:21,402 The trial is set to start in 40 minutes. 38 00:02:21,435 --> 00:02:23,504 My client and I have insurmountable differences 39 00:02:23,537 --> 00:02:25,773 which would have. Such as? 40 00:02:25,806 --> 00:02:28,109 That's privileged. 41 00:02:28,142 --> 00:02:31,312 Let's just say it's about strategy and ethics. 42 00:02:31,345 --> 00:02:35,016 Eugene, every lawyer seems to have insurmountable differences 43 00:02:35,049 --> 00:02:37,051 with the court-appointed cases. 44 00:02:37,085 --> 00:02:39,287 I'm telling you this one is real. 45 00:02:39,320 --> 00:02:41,789 You know me well enough to know that if I say it, 46 00:02:41,822 --> 00:02:42,857 it is real. 47 00:02:42,891 --> 00:02:46,160 I'm not letting you out for a strategy difference. 48 00:02:46,194 --> 00:02:47,395 Forget it. 49 00:02:47,428 --> 00:02:51,365 Your Honor, I'm asking a favor here. 50 00:02:51,399 --> 00:02:53,902 I can't let you out. 51 00:02:53,935 --> 00:02:55,403 Not now. 52 00:03:01,109 --> 00:03:02,443 WASHINGTON: When did they take him in? 53 00:03:02,476 --> 00:03:03,577 Three weeks ago. 54 00:03:03,611 --> 00:03:05,713 And they wouldn't tell you anything? 55 00:03:05,746 --> 00:03:08,716 The only thing I know is that the FBI has him somewhere. 56 00:03:09,817 --> 00:03:12,253 I hired a lawyer. He got nowhere. 57 00:03:12,286 --> 00:03:14,622 I hate coming to a patient, but I-- 58 00:03:14,655 --> 00:03:17,591 No problem. Your husband's first name? 59 00:03:17,625 --> 00:03:18,559 FORD: Bill. 60 00:03:18,592 --> 00:03:20,929 Bill Ford. And his middle initial? 61 00:03:20,962 --> 00:03:22,663 Habib. 62 00:03:22,696 --> 00:03:23,865 I'm sorry? 63 00:03:23,898 --> 00:03:24,899 Ford is my maiden name. 64 00:03:24,933 --> 00:03:28,602 My husband's last name is Habib. 65 00:03:31,572 --> 00:03:35,209 All I'm saying, I just think if the FBI picked him up, 66 00:03:35,243 --> 00:03:37,045 they must have had a good reason. 67 00:03:37,078 --> 00:03:39,180 This woman is my doctor, Jimmy. 68 00:03:39,213 --> 00:03:42,616 Her husband's been in this country for 30 years. 69 00:03:42,650 --> 00:03:45,553 Why'd they grab him? Just because he's Arab? 70 00:03:45,586 --> 00:03:48,656 He's Arab-American, and we don't know why they grabbed him. 71 00:03:48,689 --> 00:03:50,124 They're not telling us. 72 00:03:50,158 --> 00:03:52,160 Like I said, the last time I checked, 73 00:03:52,193 --> 00:03:55,396 The police don't arrest people for no reason. 74 00:03:55,429 --> 00:03:58,632 When is the last time you checked? 75 00:04:04,705 --> 00:04:07,175 Linda McLaughlin was the first person in her family 76 00:04:07,208 --> 00:04:09,677 to go to college. 77 00:04:09,710 --> 00:04:12,046 These are her parents. 78 00:04:12,080 --> 00:04:15,884 The evidence will show that on November 19th of last year, 79 00:04:15,917 --> 00:04:19,653 their daughter, Linda, walked out of the campus grocery store 80 00:04:19,687 --> 00:04:22,957 and was accosted by the defendant, 81 00:04:22,991 --> 00:04:24,926 Daryl Johnson, 82 00:04:24,959 --> 00:04:28,930 A homeless man who panhandles in the area. 83 00:04:28,963 --> 00:04:31,933 Daryl followed Linda home... 84 00:04:31,966 --> 00:04:34,468 raped her... 85 00:04:34,502 --> 00:04:37,205 then beat her to death. 86 00:04:37,238 --> 00:04:39,073 After we prove it, 87 00:04:39,107 --> 00:04:41,876 I will ask you to find Daryl Johnson guilty 88 00:04:41,910 --> 00:04:44,245 of murder in the first degree. 89 00:04:48,883 --> 00:04:50,418 Mr. Young? 90 00:04:55,356 --> 00:04:57,825 (clears throat) Mr. Young? 91 00:05:02,563 --> 00:05:03,965 The evidence will not establish 92 00:05:03,998 --> 00:05:07,035 that Daryl Johnson committed this crime. 93 00:05:07,068 --> 00:05:10,204 the evidence will establish that the police arrested him 94 00:05:10,238 --> 00:05:13,541 simply because he fit the profile in their minds 95 00:05:13,574 --> 00:05:17,145 of the type of person who would commit this particular crime. 96 00:05:27,788 --> 00:05:31,425 (phone ringing) 97 00:05:31,459 --> 00:05:32,660 RENFORD: I'm special agent Charles Renford. 98 00:05:32,693 --> 00:05:34,428 Sorry for the delay. WASHINGTON: Oh, no problem. 99 00:05:34,462 --> 00:05:35,663 I assume you guys are pretty busy right now. 100 00:05:35,696 --> 00:05:37,031 RENFORD: What can I do for you? 101 00:05:37,065 --> 00:05:40,501 I've been trying to talk to these agents about Bill Habib. 102 00:05:40,534 --> 00:05:42,703 RENFORD: These agents got pulled onto details overseas. 103 00:05:42,736 --> 00:05:45,273 They are not available. 104 00:05:45,306 --> 00:05:46,474 Okay. 105 00:05:46,507 --> 00:05:49,543 Can you tell me anything? 106 00:05:49,577 --> 00:05:51,112 I'm sorry. I can't. 107 00:05:52,713 --> 00:05:56,484 Is that because you don't know or because you won't say? 108 00:05:59,253 --> 00:06:00,521 Agent Renford, 109 00:06:00,554 --> 00:06:03,992 I am formally requesting you let me see my client. 110 00:06:04,025 --> 00:06:06,794 I'm afraid you can't. 111 00:06:06,827 --> 00:06:08,863 What do you mean? I'm his lawyer. 112 00:06:08,897 --> 00:06:10,498 You can't see him, Miss Washington. 113 00:06:10,531 --> 00:06:12,700 That's all I can say. 114 00:06:12,733 --> 00:06:13,935 Are you familiar with the concept 115 00:06:13,968 --> 00:06:15,603 of due process, Agent Renford? 116 00:06:20,774 --> 00:06:21,910 DONNELL: First, find out where he's being held. 117 00:06:21,943 --> 00:06:23,912 Call the Bureau of Prisons. WASHINGTON: I did, 118 00:06:23,945 --> 00:06:25,379 along with the Board of Corrections, 119 00:06:25,413 --> 00:06:26,881 Suffolk County Jail, middle-sex. 120 00:06:26,915 --> 00:06:28,082 Nobody knows a thing. 121 00:06:28,116 --> 00:06:29,283 Call the I. N. S. 122 00:06:29,317 --> 00:06:30,784 They can hold someone indefinitely 123 00:06:30,818 --> 00:06:33,321 even if there's a hint of an immigration problem. 124 00:06:33,354 --> 00:06:35,756 He's a U. S. citizen. He has been for 20 years. 125 00:06:35,789 --> 00:06:38,626 I'd still check it out. You don't know what they can do now. 126 00:06:38,659 --> 00:06:40,028 What about his first lawyer? 127 00:06:40,061 --> 00:06:42,463 He won't talk to me, says he's been ordered not to. 128 00:06:42,496 --> 00:06:43,998 DONNELL: Ordered? By who? 129 00:06:44,032 --> 00:06:46,400 I have no idea. 130 00:06:46,434 --> 00:06:48,937 Okay. 131 00:06:48,970 --> 00:06:51,840 If the Feds took him, you gotta assume they still got him. 132 00:06:51,873 --> 00:06:53,074 File a Federal Habeas. 133 00:06:53,107 --> 00:06:55,209 Make them produce his body, at least. 134 00:06:58,646 --> 00:07:00,681 The girl had just walked out of the market 135 00:07:00,714 --> 00:07:01,883 when he walked up to her. 136 00:07:01,916 --> 00:07:02,984 This girl? 137 00:07:03,017 --> 00:07:04,418 Yes. 138 00:07:04,452 --> 00:07:07,321 Mr. Banks, had you ever seen the defendant before? 139 00:07:07,355 --> 00:07:10,859 He's a street guy, carries your bags for change. 140 00:07:10,892 --> 00:07:12,126 Sometimes he can get aggressive. 141 00:07:12,160 --> 00:07:13,327 Objection. 142 00:07:13,361 --> 00:07:15,997 Sustained. The Jury will disregard. 143 00:07:16,030 --> 00:07:18,933 GAMBLE: Just tell us what you saw that day. 144 00:07:18,967 --> 00:07:21,235 He tried to carry her shopping bags, 145 00:07:21,269 --> 00:07:24,205 and she was like, "Whoa, I got it." 146 00:07:24,238 --> 00:07:26,040 They kind of argued over the bags for a minute, 147 00:07:26,074 --> 00:07:28,342 and then she walked away. 148 00:07:28,376 --> 00:07:30,144 GAMBLE: What did the defendant do then? 149 00:07:30,178 --> 00:07:32,546 He stood there pissed. 150 00:07:32,580 --> 00:07:34,916 Then he started to follow her. 151 00:07:34,949 --> 00:07:37,118 YOUNG: Did you hear anything they said? 152 00:07:37,151 --> 00:07:38,252 No. 153 00:07:38,286 --> 00:07:39,753 Then when you say they argued-- 154 00:07:39,787 --> 00:07:41,222 It looked like they argued. 155 00:07:41,255 --> 00:07:42,556 About the bags. 156 00:07:42,590 --> 00:07:44,625 Could they have been talking about something else? 157 00:07:44,658 --> 00:07:46,260 I don't know. I guess. 158 00:07:46,294 --> 00:07:47,695 YOUNG: You guess? 159 00:07:47,728 --> 00:07:50,464 So it's possible then they were talking about something else? 160 00:07:50,498 --> 00:07:51,966 Yes. 161 00:07:52,000 --> 00:07:53,701 YOUNG: And Mr. Banks, you never thought Ms. McLaughlin 162 00:07:53,734 --> 00:07:55,469 was in danger, did you, sir? 163 00:07:55,503 --> 00:07:56,905 In danger? 164 00:07:56,938 --> 00:07:58,806 Yes. You saw her with my client. 165 00:07:58,840 --> 00:08:00,141 You didn't think she needed help 166 00:08:00,174 --> 00:08:02,610 or that you should call the police, did you? 167 00:08:02,643 --> 00:08:03,912 No. 168 00:08:03,945 --> 00:08:05,313 Thank you, sir. 169 00:08:13,154 --> 00:08:14,488 That's it? 170 00:08:16,690 --> 00:08:19,193 Daryl, if you're unhappy with my work, 171 00:08:19,227 --> 00:08:22,030 you can tell the judge and get a new lawyer. 172 00:08:23,965 --> 00:08:26,935 You're the right lawyer for this, Mr. Young. 173 00:08:26,968 --> 00:08:28,402 I'm sure about that. 174 00:08:38,479 --> 00:08:39,747 WASHINGTON: Agent Renford, I didn't expect to see-- 175 00:08:39,780 --> 00:08:41,382 MCNALLY: Theodore McNally, Assistant U. S. Attorney. 176 00:08:41,415 --> 00:08:44,285 Thanks for coming down. Let me give you this back. 177 00:08:45,486 --> 00:08:47,255 It's my Habeas. 178 00:08:47,288 --> 00:08:48,389 It isn't filed? 179 00:08:48,422 --> 00:08:51,025 Clerk's office caught it. You can't file it. 180 00:08:52,826 --> 00:08:54,428 What do you mean I can't file it? 181 00:08:54,462 --> 00:08:56,797 This involves classified material, 182 00:08:56,831 --> 00:08:58,166 top-secret or higher. It can't be-- 183 00:08:58,199 --> 00:09:01,202 I'm just asking to see my client. 184 00:09:01,235 --> 00:09:03,671 Now, when do I get to see my client? 185 00:09:03,704 --> 00:09:06,740 (sighs) 186 00:09:06,774 --> 00:09:09,010 After you get a national security clearance. 187 00:09:09,043 --> 00:09:10,411 Renford will expedite it. 188 00:09:10,444 --> 00:09:13,114 I'll need your home address, Social-Security number, 189 00:09:13,147 --> 00:09:16,417 names of family members, and how you know Mr. Habib. 190 00:09:16,450 --> 00:09:18,286 I haven't even met him yet! 191 00:09:18,319 --> 00:09:19,187 Hold on. 192 00:09:21,755 --> 00:09:23,491 I need to warn you, anything you say 193 00:09:23,524 --> 00:09:25,994 can and will be used against you and your client. 194 00:09:26,027 --> 00:09:27,795 Use against me-- What are you talk-- 195 00:09:27,828 --> 00:09:30,298 This case involves national security. 196 00:09:30,331 --> 00:09:33,134 You want to defend Habib, you need a clearance. 197 00:09:33,167 --> 00:09:34,468 To get it, you gotta go through us, 198 00:09:34,502 --> 00:09:35,503 answer our questions. 199 00:09:35,536 --> 00:09:37,305 If you lie to us, it's perjury. 200 00:09:37,338 --> 00:09:40,574 Plus, everything we tell you is privileged. 201 00:09:40,608 --> 00:09:42,776 If you divulge any of it to anyone, 202 00:09:42,810 --> 00:09:44,545 you'll be prosecuted. 203 00:09:44,578 --> 00:09:48,049 And what if I don't want a security clearance? 204 00:09:48,082 --> 00:09:51,085 What if I object it's a violation of my rights? 205 00:09:52,320 --> 00:09:54,755 Then Mr. Habib gets no lawyer. 206 00:10:04,032 --> 00:10:05,366 WASHINGTON: I'd need security clearance 207 00:10:05,399 --> 00:10:07,401 to see my own client, who I never met. 208 00:10:07,435 --> 00:10:08,669 I don't know why he was arrested. 209 00:10:08,702 --> 00:10:10,804 Rebecca, these are different times. 210 00:10:10,839 --> 00:10:12,673 Thank you, Lucy. 211 00:10:12,706 --> 00:10:13,842 So, what happens next? 212 00:10:13,875 --> 00:10:15,743 Assuming I get the clearance, 213 00:10:15,776 --> 00:10:18,279 I'm hoping to meet the client tomorrow. 214 00:10:22,516 --> 00:10:23,684 I haven't found him yet. 215 00:10:26,754 --> 00:10:28,389 So we're off to Federal Court. 216 00:10:28,422 --> 00:10:30,591 I'm hoping to persuade a Judge to order the government 217 00:10:30,624 --> 00:10:32,360 to at least tell us where he is. 218 00:10:32,393 --> 00:10:36,330 (sighs) Okay. 219 00:10:36,364 --> 00:10:38,699 Sarah, is it possible 220 00:10:38,732 --> 00:10:41,635 your husband is involved in something? 221 00:10:44,238 --> 00:10:46,074 No, Rebecca, that's not possible. 222 00:10:49,310 --> 00:10:50,544 I'm sorry. 223 00:10:50,578 --> 00:10:53,714 As your lawyer, I had to ask you that question. 224 00:10:53,747 --> 00:10:54,849 Right. 225 00:10:54,883 --> 00:10:57,751 We wouldn't want you committing malpractice. 226 00:11:03,958 --> 00:11:07,461 Numerous skull fractures, massive and fatal head trauma. 227 00:11:07,495 --> 00:11:09,130 What caused these injuries, detective? 228 00:11:09,163 --> 00:11:12,133 A table lamp was found near the body covered with blood 229 00:11:12,166 --> 00:11:13,601 and portions of her scalp. 230 00:11:13,634 --> 00:11:15,837 It was determined to be the murder weapon. 231 00:11:15,870 --> 00:11:17,872 Were any fingerprints on the lamp? 232 00:11:17,906 --> 00:11:19,473 The defendant's fingerprints were found 233 00:11:19,507 --> 00:11:22,610 on both the lamp and the victim. 234 00:11:22,643 --> 00:11:25,179 Detective... 235 00:11:25,213 --> 00:11:27,181 what other evidence did you find? 236 00:11:27,215 --> 00:11:30,384 A rape examination revealed the presence of semen. 237 00:11:30,418 --> 00:11:34,188 We did a DNA test. It matched the defendant. 238 00:11:34,222 --> 00:11:35,957 Thank you. 239 00:11:39,227 --> 00:11:42,063 KITTLESON: Mr. Young? 240 00:11:42,096 --> 00:11:43,865 YOUNG: Did you find bruising? 241 00:11:43,898 --> 00:11:46,067 DETECTIVE: We found bludgeoning. 242 00:11:46,100 --> 00:11:48,569 That wasn't my question. 243 00:11:48,602 --> 00:11:51,772 Did you find bruising in the vaginal area? 244 00:11:51,805 --> 00:11:52,673 We didn't find that. 245 00:11:52,706 --> 00:11:54,075 YOUNG: How about tearing? 246 00:11:54,108 --> 00:11:55,543 DETECTIVE: No. 247 00:11:55,576 --> 00:11:57,946 Did you find defensive wounds on the victim's hands or arms, 248 00:11:57,979 --> 00:12:00,081 skin under her fingernails? 249 00:12:00,114 --> 00:12:01,515 No. 250 00:12:01,549 --> 00:12:04,752 Detective, can you rule out the possibility of consensual sex? 251 00:12:04,785 --> 00:12:06,554 Objection. Overruled. 252 00:12:06,587 --> 00:12:08,589 Doesn't sound like she was fighting, does it? 253 00:12:08,622 --> 00:12:10,124 This could have been consensual. 254 00:12:10,158 --> 00:12:12,026 Sidebar, Your Honor. 255 00:12:12,060 --> 00:12:13,361 Quickly. 256 00:12:19,800 --> 00:12:21,635 There is no good-faith basis 257 00:12:21,669 --> 00:12:23,972 for the suggestion of consensual sex here, 258 00:12:24,005 --> 00:12:25,139 and he knows it. 259 00:12:25,173 --> 00:12:26,841 My client says it's consensual. 260 00:12:26,875 --> 00:12:27,741 That's it? 261 00:12:27,775 --> 00:12:29,677 That's all he needs. 262 00:12:29,710 --> 00:12:31,880 It's bad enough the parents have to sit here and listen-- 263 00:12:31,913 --> 00:12:35,449 You can advise the parents to leave the room. Why don't you? 264 00:12:35,483 --> 00:12:39,353 This is your defense? That the sex was consensual? 265 00:12:39,387 --> 00:12:40,721 This is his defense, Your Honor, 266 00:12:40,754 --> 00:12:43,591 and you can take me off whenever you please. 267 00:12:43,624 --> 00:12:45,826 (sighs) 268 00:12:45,860 --> 00:12:49,130 Assuming that Mr. Young does, in fact, have a good-faith basis 269 00:12:49,163 --> 00:12:50,731 for the question, I'll allow it. 270 00:12:50,764 --> 00:12:51,933 Your Honor-- 271 00:12:51,966 --> 00:12:55,003 he's entitled to put on a defense, counsel. 272 00:12:56,470 --> 00:12:58,739 But tread lightly, Eugene. 273 00:12:58,772 --> 00:13:00,508 Now step back. 274 00:13:04,445 --> 00:13:06,514 YOUNG: Detective... 275 00:13:06,547 --> 00:13:09,583 is it possible the sex here was consensual, yes or no? 276 00:13:09,617 --> 00:13:10,919 I suppose it's possible, but-- 277 00:13:10,952 --> 00:13:13,121 Thank you, sir. 278 00:13:13,154 --> 00:13:14,422 That's all. 279 00:13:26,367 --> 00:13:28,069 MAN: Sorry, ma'am, no bags inside. 280 00:13:28,102 --> 00:13:29,703 Can I get a piece of paper and a pen? 281 00:13:29,737 --> 00:13:32,140 MAN: No, ma'am. No writing materials. 282 00:13:32,173 --> 00:13:34,208 (sighs) 283 00:13:34,242 --> 00:13:35,443 Sorry, ma'am. 284 00:13:36,744 --> 00:13:37,811 What's wrong? 285 00:13:37,846 --> 00:13:39,747 Closed courtroom. Only the lawyers. 286 00:13:39,780 --> 00:13:40,882 This is the man's wife. 287 00:13:40,915 --> 00:13:42,750 Orders of the court, ma'am. No visitors. 288 00:13:42,783 --> 00:13:44,652 Please, he's my husband. I haven't seen him in weeks. 289 00:13:44,685 --> 00:13:46,454 Ma'am, I'm sorry. 290 00:13:46,487 --> 00:13:48,389 You're just following orders, right? 291 00:13:53,161 --> 00:13:54,963 Okay, I'm sorry. 292 00:13:54,996 --> 00:13:56,764 I understand. 293 00:13:56,797 --> 00:13:58,032 Go ahead, Rebecca. 294 00:13:58,066 --> 00:14:00,068 Just please tell Bill I'm out here. 295 00:14:02,003 --> 00:14:03,671 (sighs) 296 00:14:06,474 --> 00:14:09,443 I heard the screaming, and I knew something wasn't right, 297 00:14:09,477 --> 00:14:12,847 so I opened my apartment door and looked out, 298 00:14:12,881 --> 00:14:14,883 and there he was. 299 00:14:14,916 --> 00:14:16,350 This man right here? 300 00:14:16,384 --> 00:14:20,054 SOLOTKIN: Yes. He was dressed ratty, like a bum, 301 00:14:20,088 --> 00:14:22,456 and he didn't smell too good either. 302 00:14:22,490 --> 00:14:23,824 GAMBLE: Did he say anything? 303 00:14:23,858 --> 00:14:26,460 SOLOTKIN: No, but as soon as he saw I was looking at him, 304 00:14:26,494 --> 00:14:28,796 he ran for the stairs. 305 00:14:28,830 --> 00:14:30,498 GAMBLE: You're absolutely sure 306 00:14:30,531 --> 00:14:33,835 this is the man you saw leave Ms. McLaughlin's apartment? 307 00:14:33,868 --> 00:14:34,836 Positive. 308 00:14:34,869 --> 00:14:36,570 GAMBLE: Right after you heard screaming? 309 00:14:36,604 --> 00:14:39,540 SOLOTKIN: That's right. 310 00:14:39,573 --> 00:14:42,110 YOUNG: Did you know the victim, Mrs. Solotkin? 311 00:14:42,143 --> 00:14:44,645 Not personally, but I'd seen her. 312 00:14:44,678 --> 00:14:46,014 Ever talk to her? 313 00:14:46,047 --> 00:14:47,215 Not really. 314 00:14:47,248 --> 00:14:50,018 So you don't know her voice. 315 00:14:50,051 --> 00:14:50,919 No. 316 00:14:50,952 --> 00:14:52,620 Wouldn't recognize her scream? 317 00:14:52,653 --> 00:14:55,023 No, but I'm assuming it must have been her. 318 00:14:55,056 --> 00:14:57,425 The scream came at the time she was killed. 319 00:14:57,458 --> 00:14:59,827 YOUNG: You're assuming. 320 00:14:59,861 --> 00:15:01,495 Do you know many black people? 321 00:15:01,529 --> 00:15:02,363 Objection. 322 00:15:02,396 --> 00:15:03,531 Have any black friends? 323 00:15:03,564 --> 00:15:05,799 KITTLESON: Mr. Young, what are you doing? 324 00:15:05,834 --> 00:15:07,035 Laying a foundation, Your Honor. 325 00:15:07,068 --> 00:15:08,702 A foundation for what? 326 00:15:08,736 --> 00:15:11,505 If I could be allowed to proceed, I'll get there. 327 00:15:12,506 --> 00:15:14,408 Do you recall the question? 328 00:15:14,442 --> 00:15:16,210 About black people? 329 00:15:16,244 --> 00:15:18,046 I don't really know any that well. 330 00:15:18,079 --> 00:15:20,814 But you know for sure it was my client 331 00:15:20,849 --> 00:15:22,984 even though you saw him for just a moment 332 00:15:23,017 --> 00:15:23,852 from down the hall? 333 00:15:24,853 --> 00:15:25,920 Well, I don't know for sure. 334 00:15:25,954 --> 00:15:27,055 It could have been somebody else 335 00:15:27,088 --> 00:15:29,590 who looked exactly like him, I suppose. 336 00:15:32,360 --> 00:15:33,862 Thank you, ma'am. 337 00:15:33,895 --> 00:15:35,263 Nothing further. 338 00:15:35,864 --> 00:15:37,731 KITTLESON: The witness may step down. 339 00:15:38,967 --> 00:15:41,069 Ms. Gamble? 340 00:15:41,102 --> 00:15:42,803 The Commonwealth rests. 341 00:15:43,704 --> 00:15:46,407 Mr. Young? 342 00:15:46,440 --> 00:15:48,910 The defense calls Dr. Donald Sideman. 343 00:15:48,943 --> 00:15:50,644 You gotta be kidding! 344 00:15:50,678 --> 00:15:52,847 If I can't put on a defense, why don't we lynch him? 345 00:15:52,881 --> 00:15:55,049 Mr. Young is trying to make this about race-- 346 00:15:55,083 --> 00:15:56,017 Move to strike! 347 00:15:56,050 --> 00:15:58,519 Counsel, get up here. 348 00:16:03,324 --> 00:16:05,059 I will hold both of you in contempt 349 00:16:05,093 --> 00:16:09,030 if there's another such outburst. 350 00:16:09,063 --> 00:16:10,331 Who is Dr. Sideman? 351 00:16:10,364 --> 00:16:13,835 He testifies white people can't tell one black man from another. 352 00:16:13,868 --> 00:16:15,769 Sorry? 353 00:16:15,803 --> 00:16:18,806 He's an expert on cross-racial impairment of eyewitnesses. 354 00:16:18,840 --> 00:16:20,408 This has been rejected by other courts. 355 00:16:20,441 --> 00:16:22,410 Plus, Mr. Young gave no notice. 356 00:16:22,443 --> 00:16:24,078 YOUNG: I didn't know race would be an issue. 357 00:16:24,112 --> 00:16:25,947 You are the one making race an issue. 358 00:16:25,980 --> 00:16:28,616 If I can't call this witness, I'll take you up, 359 00:16:28,649 --> 00:16:31,085 emergency appeal, and I want a mistrial. 360 00:16:33,054 --> 00:16:34,588 You may call Dr. Sideman. 361 00:16:34,622 --> 00:16:35,924 You're letting him run your court. 362 00:16:35,957 --> 00:16:39,193 I run my court, Ms. Gamble. 363 00:16:41,562 --> 00:16:43,597 If Dr. Sideman is a buffoon, 364 00:16:43,631 --> 00:16:45,867 I will instruct the jury to disregard. 365 00:16:50,038 --> 00:16:51,973 REBECCA: He's been kept from his family for three weeks, 366 00:16:52,006 --> 00:16:53,942 and we don't know what he's been charged with. 367 00:16:53,975 --> 00:16:55,543 He hasn't been charged with anything. 368 00:16:55,576 --> 00:16:57,545 Then how and why are you holding him? 369 00:16:57,578 --> 00:16:59,513 MCNALLY: He's being held as a material witness. 370 00:16:59,547 --> 00:17:00,648 WASHINGTON: To what? 371 00:17:00,681 --> 00:17:02,050 That information I can't reveal. 372 00:17:02,083 --> 00:17:03,751 WASHINGTON: How do I represent him 373 00:17:03,784 --> 00:17:05,987 if I can't be told why he's being held? 374 00:17:06,020 --> 00:17:07,755 This case involves information obtained 375 00:17:07,788 --> 00:17:09,790 through the foreign-intelligence surveillance act. 376 00:17:09,823 --> 00:17:13,361 Mr. McNally, I appreciate your concern for national security, 377 00:17:13,394 --> 00:17:15,396 but I'm going to do my part 378 00:17:15,429 --> 00:17:18,032 to safeguard what is left of our constitution. 379 00:17:18,066 --> 00:17:20,701 Get Mr. Habib into this courtroom. 380 00:17:20,734 --> 00:17:23,071 Let him see his lawyer and his wife, 381 00:17:23,104 --> 00:17:24,272 and we are going to make sure 382 00:17:24,305 --> 00:17:26,340 that he gets at least some kind of hearing. 383 00:17:26,374 --> 00:17:28,542 Your honor, I don't think you have the authority-- 384 00:17:28,576 --> 00:17:31,012 Counsel! 385 00:17:31,045 --> 00:17:32,813 These are strange times, 386 00:17:32,847 --> 00:17:35,449 And nobody is quite sure who has what authority, 387 00:17:35,483 --> 00:17:36,550 I grant you, 388 00:17:36,584 --> 00:17:39,453 but you don't want to be testing mine. 389 00:17:39,487 --> 00:17:42,023 If I don't see Mr. Habib in this room 390 00:17:42,056 --> 00:17:43,992 with his lawyer and his wife, 391 00:17:44,025 --> 00:17:46,760 you are going to be held in contempt. 392 00:17:52,700 --> 00:17:54,735 Many eyewitnesses have a hard time 393 00:17:54,768 --> 00:17:56,871 correctly identifying suspects 394 00:17:56,905 --> 00:17:59,107 who are of another race. 395 00:17:59,140 --> 00:18:02,276 We call that "cross-racial impairment." 396 00:18:02,911 --> 00:18:04,045 YOUNG: Is it common? 397 00:18:04,078 --> 00:18:04,745 SIDEMAN: Very. 398 00:18:04,778 --> 00:18:06,180 How do you know? 399 00:18:06,214 --> 00:18:08,917 From my work as a Clinical Psychologist, 400 00:18:08,950 --> 00:18:12,286 from my review of over 50 years of empirical studies 401 00:18:12,320 --> 00:18:13,721 on the subject. 402 00:18:13,754 --> 00:18:15,823 YOUNG: Are certain people more likely to suffer 403 00:18:15,857 --> 00:18:17,591 from this impairment? 404 00:18:17,625 --> 00:18:21,830 People unfamiliar with members of the race in question. 405 00:18:21,863 --> 00:18:24,132 They don't see black people very often. 406 00:18:24,165 --> 00:18:26,767 Suddenly, they have to identify one. 407 00:18:26,800 --> 00:18:30,071 They're more likely to pick the wrong one. 408 00:18:30,104 --> 00:18:31,739 Thank you, Doctor. 409 00:18:39,547 --> 00:18:43,384 Blacks all look alike--is that your scientific opinion? 410 00:18:43,417 --> 00:18:44,185 YOUNG: Objection. 411 00:18:44,218 --> 00:18:45,119 KITTLESON: Sustained. 412 00:18:45,819 --> 00:18:48,556 Doctor, did you talk to Mrs. Solotkin 413 00:18:48,589 --> 00:18:51,092 about her identification of the defendant? 414 00:18:51,125 --> 00:18:52,360 No. 415 00:18:52,393 --> 00:18:54,695 Are you aware that there's no agreement 416 00:18:54,728 --> 00:18:56,130 in the scientific community 417 00:18:56,164 --> 00:18:59,167 that cross-racial impairment even exists? 418 00:18:59,200 --> 00:19:02,470 Cross-racial impairment is real. 419 00:19:02,503 --> 00:19:06,074 SIDEMAN: When studies confirm what life has already taught us, 420 00:19:06,107 --> 00:19:08,977 to me, that's the best proof you can get. 421 00:19:09,010 --> 00:19:11,045 GAMBLE: Well, is that why many courts have refused 422 00:19:11,079 --> 00:19:12,213 to let you testify? 423 00:19:13,147 --> 00:19:16,450 Science often outpaces the law, Ms. Gamble. 424 00:19:23,191 --> 00:19:24,959 He's trying to hang the jury. 425 00:19:24,993 --> 00:19:26,827 Should I call my own experts? 426 00:19:26,861 --> 00:19:28,897 I'm afraid the more I attack his defense, 427 00:19:28,930 --> 00:19:30,731 the more credible I make it seem. 428 00:19:30,764 --> 00:19:32,633 If you do nothing, it looks like you're conceding. 429 00:19:34,502 --> 00:19:37,571 He's made it about race because he's got nothing else. 430 00:19:37,605 --> 00:19:39,740 What he does have are four black jurors. 431 00:19:39,773 --> 00:19:40,842 Oh, please. 432 00:19:40,875 --> 00:19:41,709 And he's black. 433 00:19:44,112 --> 00:19:47,581 Race isn't the issue, but it probably won't be. 434 00:19:48,782 --> 00:19:49,884 (sighs) 435 00:19:49,918 --> 00:19:52,620 But we can't be so naive as to rule out the possibility. 436 00:19:52,653 --> 00:19:55,589 (knocks on door) 437 00:19:55,623 --> 00:19:56,958 Got a second? 438 00:20:09,871 --> 00:20:11,505 Don't look at me like I'm having fun. 439 00:20:11,539 --> 00:20:14,075 Have you looked at the crime scene photos, Eugene? 440 00:20:14,108 --> 00:20:16,878 I've seen them. Look, you know It's an appointment, so-- 441 00:20:16,911 --> 00:20:20,849 Oh, come on, spare me the "Just doing my job" crap. 442 00:20:20,882 --> 00:20:23,184 Good lawyers manage without going racial. 443 00:20:23,217 --> 00:20:25,819 My client instructed me to put on a defense. 444 00:20:25,854 --> 00:20:27,021 That defense? 445 00:20:27,055 --> 00:20:28,356 As a matter of fact, yes. 446 00:20:28,389 --> 00:20:30,558 If you're here to wiggle off the moral hook... 447 00:20:30,591 --> 00:20:32,260 That's not why I'm here. 448 00:20:34,963 --> 00:20:36,297 He's going to testify. 449 00:20:38,332 --> 00:20:40,234 You'll be suborning perjury. 450 00:20:40,268 --> 00:20:42,536 Only if I know he's lying, which I don't. 451 00:20:42,570 --> 00:20:45,874 He says he's innocent, Helen. 452 00:20:45,907 --> 00:20:48,642 I think we should plead this, or in the alternative, 453 00:20:48,676 --> 00:20:50,278 you should tell the parents not to be there. 454 00:20:50,311 --> 00:20:51,579 It won't be easy to hear. 455 00:20:52,680 --> 00:20:54,215 That a threat? 456 00:20:54,248 --> 00:20:58,019 It would be unethical for me to make a threat. 457 00:20:58,052 --> 00:20:59,387 Wouldn't it, Helen? 458 00:21:00,221 --> 00:21:03,091 I won't be blackmailed into a plea deal. 459 00:21:06,160 --> 00:21:07,595 You done? 460 00:21:10,331 --> 00:21:11,933 Done. 461 00:21:13,234 --> 00:21:14,735 (door opens) 462 00:21:23,544 --> 00:21:25,179 GAMBLE: For your own emotional welfare, 463 00:21:25,213 --> 00:21:27,315 I'd say stay out of the room, but... 464 00:21:27,348 --> 00:21:28,149 But what? 465 00:21:28,182 --> 00:21:30,651 (sighs) Well, strictly for the case, 466 00:21:30,684 --> 00:21:32,720 obviously, it's better if you're in there. 467 00:21:32,753 --> 00:21:34,155 He'll look more like a monster 468 00:21:34,188 --> 00:21:37,358 saying the things he'll probably say with the parents present. 469 00:21:37,391 --> 00:21:38,259 He's going to attack my daughter? 470 00:21:38,292 --> 00:21:39,293 Is that how it works? 471 00:21:39,327 --> 00:21:42,063 Yes, it works that way sometimes. 472 00:21:45,099 --> 00:21:46,067 We'll be there. 473 00:21:46,100 --> 00:21:47,301 GAMBLE: Are you sure? We'll be there! 474 00:21:47,335 --> 00:21:50,071 Okay, but you have to stay under control. 475 00:21:50,104 --> 00:21:52,373 My opinion is this lawyer would love a mistrial, 476 00:21:52,406 --> 00:21:54,642 and if you jump up in there, 477 00:21:54,675 --> 00:21:56,344 you might very well give it to them. 478 00:21:56,810 --> 00:21:58,146 All right. 479 00:21:58,179 --> 00:21:59,313 Fine. 480 00:22:03,985 --> 00:22:05,586 RENFORD: Okay, he's coming in. 481 00:22:05,619 --> 00:22:08,256 Dr. Ford, I'm going to ask you not to speak to him 482 00:22:08,289 --> 00:22:10,191 or hand him any items. 483 00:22:24,472 --> 00:22:26,107 Can they have some privacy? 484 00:22:26,908 --> 00:22:28,943 Dr. Ford is not a suspect. 485 00:22:28,977 --> 00:22:30,311 If she talks at all 486 00:22:30,344 --> 00:22:32,680 and it appears like she's trying to pass coded information, 487 00:22:32,713 --> 00:22:33,848 she might become one. 488 00:22:33,882 --> 00:22:36,717 She is here to observe. Now, that's D. O. J. rules. 489 00:22:36,750 --> 00:22:38,686 HABIB: You have two children to care for. 490 00:22:38,719 --> 00:22:41,589 Don't say anything, understand? 491 00:22:44,058 --> 00:22:45,559 Why don't we all sit down? 492 00:22:48,963 --> 00:22:51,399 Mr. Habib, I'm Rebecca Washington. 493 00:22:51,432 --> 00:22:54,068 I'm your lawyer. 494 00:22:54,102 --> 00:22:55,736 We're about to have a hearing. 495 00:22:56,971 --> 00:23:00,208 I didn't ask for either a hearing or a lawyer. 496 00:23:02,911 --> 00:23:05,313 Your wife hired me. 497 00:23:05,346 --> 00:23:06,547 She should not have. 498 00:23:09,951 --> 00:23:13,922 Is my--is my wife, my sons, are they all right? 499 00:23:13,955 --> 00:23:15,256 Have they been harmed? 500 00:23:15,289 --> 00:23:18,226 No, we're fine. 501 00:23:18,259 --> 00:23:19,727 Would you tell him we're fine, please? 502 00:23:22,196 --> 00:23:24,899 Do you have any idea why you're here? 503 00:23:25,900 --> 00:23:26,700 Miss, uh... 504 00:23:26,734 --> 00:23:28,402 Washington. 505 00:23:29,437 --> 00:23:31,472 Help my wife understand, 506 00:23:31,505 --> 00:23:34,608 I did what I did because it was right. 507 00:23:35,476 --> 00:23:38,880 Bill, what are you talking about? 508 00:23:38,913 --> 00:23:41,515 Tell the judge I'm ready to proceed. 509 00:23:45,819 --> 00:23:50,224 I'd see her in the park by campus, you know, just jogging. 510 00:23:50,258 --> 00:23:51,692 I'd wave. 511 00:23:51,725 --> 00:23:54,428 One time, she stopped, and we just talked a little. 512 00:23:54,462 --> 00:23:57,165 YOUNG: Tell us about your relationship. 513 00:23:57,198 --> 00:23:59,667 JOHNSON: We'd meet late at night when nobody was around. 514 00:23:59,700 --> 00:24:01,335 When it got colder, 515 00:24:01,369 --> 00:24:04,072 that's when she started inviting me over to her place. 516 00:24:04,105 --> 00:24:06,074 And what would you do there? 517 00:24:06,107 --> 00:24:09,911 We'd talk, watch television. 518 00:24:09,944 --> 00:24:13,915 After a while, we started having sex. 519 00:24:13,948 --> 00:24:16,117 She said... 520 00:24:16,150 --> 00:24:19,220 well, she said she always wanted to be with a black man. 521 00:24:19,954 --> 00:24:21,722 So, you know... 522 00:24:21,755 --> 00:24:24,425 YOUNG: Turning your attention to November 19th, 523 00:24:24,458 --> 00:24:27,395 the day Ms. McLaughlin was killed, 524 00:24:27,428 --> 00:24:28,762 did you see her that day? 525 00:24:28,796 --> 00:24:31,332 Yes, outside the market. 526 00:24:31,365 --> 00:24:35,336 I offered to carry her bags, like I'd done before, 527 00:24:35,369 --> 00:24:36,905 but she said she couldn't see me anymore. 528 00:24:36,938 --> 00:24:38,572 Did she say why? 529 00:24:38,606 --> 00:24:41,642 No, so I followed her, just trying to talk. 530 00:24:42,576 --> 00:24:43,744 When we got to her apartment, 531 00:24:43,777 --> 00:24:45,779 she said she was seeing another guy. 532 00:24:45,813 --> 00:24:48,816 I begged her not to break us up. 533 00:24:48,850 --> 00:24:51,052 We argued for a little bit, 534 00:24:51,085 --> 00:24:53,121 and she said that she loved me. 535 00:24:53,787 --> 00:24:55,957 YOUNG: Did you make love to her that day, sir? 536 00:24:55,990 --> 00:24:57,926 Yes. 537 00:24:57,959 --> 00:25:00,161 Afterwards, she said she was gonna break up 538 00:25:00,194 --> 00:25:01,762 with that other guy that night, 539 00:25:01,795 --> 00:25:04,966 that he was supposed to be coming over that night. 540 00:25:04,999 --> 00:25:07,201 When I left, she was alive. 541 00:25:08,636 --> 00:25:09,904 YOUNG: Thank you, sir. 542 00:25:17,545 --> 00:25:19,914 Do you know if anyone ever saw you two at the park 543 00:25:19,948 --> 00:25:21,149 the day you met? 544 00:25:21,182 --> 00:25:22,851 I don't know. 545 00:25:22,884 --> 00:25:24,886 Do you know if anyone ever saw you at the apartment? 546 00:25:24,919 --> 00:25:27,355 No, I always came over there late at night. 547 00:25:27,388 --> 00:25:29,657 Anyone know anything about the relationship? 548 00:25:29,690 --> 00:25:31,993 No. She liked to keep it secret. 549 00:25:32,026 --> 00:25:35,897 So nobody can verify a single part of your story? 550 00:25:35,930 --> 00:25:38,499 I guess because of our different social places 551 00:25:38,532 --> 00:25:41,235 or whatever you want to call it, 552 00:25:41,269 --> 00:25:44,973 you know, she just liked to keep it between us. 553 00:25:45,006 --> 00:25:46,740 Mr. Johnson... 554 00:25:48,609 --> 00:25:50,478 this is your booking photo. 555 00:25:50,511 --> 00:25:52,513 This is what you looked like 556 00:25:52,546 --> 00:25:55,216 the day after Linda McLaughlin was killed, is that correct? 557 00:25:55,249 --> 00:25:56,650 Objection--relevance. 558 00:25:56,684 --> 00:25:57,651 Overruled. 559 00:25:57,685 --> 00:25:59,620 I was upset when that picture was taken. 560 00:25:59,653 --> 00:26:01,255 GAMBLE: You were homeless, filthy, 561 00:26:01,289 --> 00:26:03,357 off your meds, yet you expect us-- 562 00:26:03,391 --> 00:26:04,292 I'm not crazy! 563 00:26:04,325 --> 00:26:06,060 You expect the jury to believe 564 00:26:06,094 --> 00:26:08,462 the victim fell in love with this, 565 00:26:08,496 --> 00:26:11,732 voluntarily had sex with this, 566 00:26:11,765 --> 00:26:14,435 willingly invited this into her apartment, 567 00:26:14,468 --> 00:26:15,303 her life, her bed? 568 00:26:15,336 --> 00:26:16,437 Objection! 569 00:26:16,470 --> 00:26:17,405 Sustained. 570 00:26:17,438 --> 00:26:19,707 Linda was a beautiful person. 571 00:26:19,740 --> 00:26:23,311 She loved all kinds of people. 572 00:26:23,344 --> 00:26:25,413 She didn't care what they looked like. 573 00:26:36,424 --> 00:26:38,026 You need to call that Collins girl. 574 00:26:38,059 --> 00:26:41,395 It could end up backfiring on us with some of the jurors. 575 00:26:41,429 --> 00:26:43,364 We can't afford to be that sensitive, Helen. 576 00:26:43,397 --> 00:26:45,133 We try and be P. C. Here, we lose. 577 00:26:45,166 --> 00:26:48,569 Collins refutes what Johnson just testified to. 578 00:26:48,602 --> 00:26:50,204 She's all we have to refute it. 579 00:26:50,238 --> 00:26:53,174 Part of our strategy is presenting sympathetic parents. 580 00:26:53,207 --> 00:26:54,475 It can't be about that now. 581 00:26:54,508 --> 00:26:56,410 It's about showing there was never a relationship 582 00:26:56,444 --> 00:26:59,047 between Johnson and the victim, period. 583 00:26:59,080 --> 00:27:00,849 You know Eugene's ready for her. 584 00:27:00,882 --> 00:27:04,285 We have no choice. We need that witness. 585 00:27:04,318 --> 00:27:05,586 Call her. 586 00:27:09,657 --> 00:27:12,126 WASHINGTON: Do you know why you're in custody? 587 00:27:12,160 --> 00:27:13,361 The government believes 588 00:27:13,394 --> 00:27:15,596 I may have information about someone, I think. 589 00:27:15,629 --> 00:27:17,298 I don't really know. 590 00:27:17,331 --> 00:27:20,568 He didn't do anything, but he may have known some people 591 00:27:20,601 --> 00:27:23,771 with ties to others who are wanted for questioning. 592 00:27:23,804 --> 00:27:25,940 WASHINGTON: What information? What do they think you know? 593 00:27:25,974 --> 00:27:27,008 MCNALLY: Objection. 594 00:27:27,041 --> 00:27:29,343 Sustained. You can't know that, Ms. Washington. 595 00:27:30,578 --> 00:27:32,780 You haven't talked to your family in weeks. 596 00:27:32,813 --> 00:27:35,016 Why did they keep you from talking to your family? 597 00:27:35,049 --> 00:27:37,818 They didn't. I chose not to call my family. 598 00:27:39,020 --> 00:27:40,321 Why? 599 00:27:40,354 --> 00:27:42,123 I was told anyone I spoke with 600 00:27:42,156 --> 00:27:43,724 would be subject to investigation. 601 00:27:43,757 --> 00:27:45,793 I do not want to bring my family into this. 602 00:27:45,826 --> 00:27:47,795 My wife and children were born here. 603 00:27:47,828 --> 00:27:51,599 They have no connection to any Arab... 604 00:27:51,632 --> 00:27:52,834 other than me. 605 00:27:52,867 --> 00:27:55,036 Have you been interviewed? 606 00:27:55,069 --> 00:27:56,637 Many times. 607 00:27:56,670 --> 00:28:00,241 Did you know you had the right to have an attorney present? 608 00:28:01,409 --> 00:28:02,810 I waived my rights. 609 00:28:05,546 --> 00:28:07,916 You waived them? 610 00:28:07,949 --> 00:28:09,050 Voluntarily? 611 00:28:09,083 --> 00:28:10,684 I talked to them on my own. 612 00:28:10,718 --> 00:28:12,887 They didn't force me, not in any way. 613 00:28:12,921 --> 00:28:14,889 Did they make you afraid? 614 00:28:14,923 --> 00:28:17,425 Am I fearful? I guess I would say yes, 615 00:28:17,458 --> 00:28:20,261 but I have made all my decisions voluntarily. 616 00:28:20,294 --> 00:28:25,033 You voluntarily refused to speak to your family? 617 00:28:25,066 --> 00:28:28,069 I explained that. I didn't want to involve them. 618 00:28:28,102 --> 00:28:31,305 Calling your wife to say you're okay, 619 00:28:31,339 --> 00:28:33,107 that would involve her? 620 00:28:34,108 --> 00:28:36,077 I couldn't be sure it wouldn't. 621 00:28:36,110 --> 00:28:39,047 Mr. McNally, if Mr. Habib is not a suspect 622 00:28:39,080 --> 00:28:41,649 and he's cooperating, why can't he go home? 623 00:28:41,682 --> 00:28:44,452 We're learning new information all the time 624 00:28:44,485 --> 00:28:46,454 from wiretaps, overseas contacts. 625 00:28:46,487 --> 00:28:48,822 He may know more than even he realizes. 626 00:28:48,857 --> 00:28:51,492 But he'll stay available to you. He's not going anywhere. 627 00:28:51,525 --> 00:28:53,494 He volunteered to help. 628 00:28:53,527 --> 00:28:55,363 We can't risk losing him. 629 00:28:55,396 --> 00:28:57,631 Look, we are trying to get the information we need 630 00:28:57,665 --> 00:29:00,568 to stop the potential murder of thousands of Americans. 631 00:29:00,601 --> 00:29:02,937 That means depriving some Americans of their civil rights. 632 00:29:02,971 --> 00:29:04,973 I don't like it, but that's how it is. 633 00:29:05,006 --> 00:29:07,708 You're imprisoning an innocent man. 634 00:29:07,741 --> 00:29:10,478 HABIB: Miss Washington, enough! 635 00:29:10,511 --> 00:29:12,080 If my country thinks I should be here, 636 00:29:12,113 --> 00:29:14,815 I will stay here! 637 00:29:14,849 --> 00:29:16,517 Your country? 638 00:29:16,550 --> 00:29:20,288 Yes, I am an American! I am serving my country! 639 00:29:21,789 --> 00:29:24,225 Mr. Habib... 640 00:29:24,258 --> 00:29:25,726 have you been tortured? 641 00:29:25,759 --> 00:29:26,928 No. 642 00:29:26,961 --> 00:29:29,430 Have you been mistreated physically in any way? 643 00:29:29,463 --> 00:29:30,364 No! 644 00:29:30,398 --> 00:29:32,300 And you do not oppose being held further? 645 00:29:32,333 --> 00:29:33,701 I do not! Your Honor, please wait. 646 00:29:33,734 --> 00:29:35,336 WINWOOD: Miss Washington, I'm sorry. 647 00:29:35,369 --> 00:29:37,638 In war, law is silent. 648 00:29:38,806 --> 00:29:40,208 Habeas motion is denied. 649 00:29:40,241 --> 00:29:42,476 Mr. Habib shall remain in custody. 650 00:29:49,517 --> 00:29:52,786 There is no way Linda McLaughlin was dating that man. 651 00:29:52,820 --> 00:29:53,621 GAMBLE: You know this? 652 00:29:53,654 --> 00:29:55,123 COLLINS: We were real close. 653 00:29:55,156 --> 00:29:58,492 If she was dating someone, I'd know. 654 00:29:58,526 --> 00:30:00,428 To your knowledge, was she dating anyone? 655 00:30:00,461 --> 00:30:01,930 Objection--speculation. 656 00:30:01,963 --> 00:30:02,964 Goes to rebuttal. 657 00:30:02,997 --> 00:30:04,966 We can refute the existence of a relationship. 658 00:30:04,999 --> 00:30:06,467 Proceed. 659 00:30:06,500 --> 00:30:09,971 She wasn't dating him. 660 00:30:10,004 --> 00:30:10,939 I'm sure. 661 00:30:10,972 --> 00:30:12,640 How do you know? 662 00:30:12,673 --> 00:30:14,275 We talked about it, 663 00:30:14,308 --> 00:30:17,946 about interracial relationships, on occasion. 664 00:30:17,979 --> 00:30:20,314 She said... 665 00:30:20,348 --> 00:30:24,518 she said she wouldn't date African-Americans. 666 00:30:24,552 --> 00:30:25,719 Ever. 667 00:30:25,753 --> 00:30:27,922 Those were her exact words? 668 00:30:27,956 --> 00:30:28,822 Yes. 669 00:30:28,857 --> 00:30:29,991 Among other things, 670 00:30:30,024 --> 00:30:32,360 she said her parents would have a big problem with it, 671 00:30:32,393 --> 00:30:35,029 particularly her dad. 672 00:30:35,063 --> 00:30:36,564 GAMBLE: Thank you, Miss Collins. 673 00:30:41,002 --> 00:30:42,770 You didn't live with her, did you? 674 00:30:42,803 --> 00:30:44,172 No. 675 00:30:44,205 --> 00:30:47,108 So it's possible she was seeing him without you knowing? 676 00:30:47,141 --> 00:30:50,078 No. That's not possible. 677 00:30:51,379 --> 00:30:53,047 How can you know that? 678 00:30:53,081 --> 00:30:54,582 Because of what she said. 679 00:30:54,615 --> 00:30:56,885 That her parents would have a problem 680 00:30:56,918 --> 00:30:58,219 with her dating a black man, 681 00:30:58,252 --> 00:30:59,487 Yes. 682 00:30:59,520 --> 00:31:00,154 YOUNG: Especially her father? 683 00:31:00,188 --> 00:31:00,922 COLLINS: Yes. 684 00:31:00,955 --> 00:31:02,123 Her father's a racist, isn't he? 685 00:31:02,156 --> 00:31:03,691 GAMBLE: Objection. YOUNG: Goes to bias. 686 00:31:03,724 --> 00:31:04,893 What bias? 687 00:31:04,926 --> 00:31:07,061 The victim concealed her relationship with my client 688 00:31:07,095 --> 00:31:09,363 because she feared her father, who hates black people. 689 00:31:09,397 --> 00:31:10,431 GAMBLE: Objection! 690 00:31:10,464 --> 00:31:12,901 KITTLESON: I'm warning you both for the last time. 691 00:31:12,934 --> 00:31:15,236 Mr. Young, move on. 692 00:31:15,803 --> 00:31:18,172 Miss Collins... 693 00:31:18,206 --> 00:31:19,908 when you and Linda McLaughlin spoke 694 00:31:19,941 --> 00:31:22,911 of interracial relationships, 695 00:31:22,944 --> 00:31:24,412 what was your position on the matter? 696 00:31:26,314 --> 00:31:27,849 I was against them, too. 697 00:31:27,882 --> 00:31:30,218 YOUNG: So Linda, knowing this, 698 00:31:30,251 --> 00:31:31,986 maybe she didn't want you to find out 699 00:31:32,020 --> 00:31:33,321 about her and Daryl either. 700 00:31:33,354 --> 00:31:34,889 GAMBLE: Objection--Speculation. 701 00:31:34,923 --> 00:31:36,224 Overruled. 702 00:31:36,257 --> 00:31:38,359 Maybe because she knew you were a bigot, Ms. Collins, 703 00:31:38,392 --> 00:31:40,728 Linda just said she didn't want to date a black man. 704 00:31:40,761 --> 00:31:41,795 Objection! 705 00:31:41,829 --> 00:31:43,797 That is more than enough, Mr. Young. 706 00:31:43,832 --> 00:31:45,967 The witness may step down. 707 00:31:52,073 --> 00:31:54,242 I assume the parties rest? 708 00:31:54,275 --> 00:31:55,809 We have a rebuttal witness. 709 00:31:55,844 --> 00:31:57,011 And who is that? 710 00:31:57,045 --> 00:31:59,180 YOUNG: Joe McLaughlin, the victim's father. 711 00:31:59,213 --> 00:32:01,082 Objection! I have legitimate reasons 712 00:32:01,115 --> 00:32:02,650 to call him. Name one. 713 00:32:02,683 --> 00:32:05,219 The D. A.'s own witness just said the daughter had a motive 714 00:32:05,253 --> 00:32:07,388 to hide her relationship from her father. 715 00:32:07,421 --> 00:32:08,923 I'm allowed to pursue that. 716 00:32:08,957 --> 00:32:10,191 GAMBLE: I would ask the court for time 717 00:32:10,224 --> 00:32:11,359 to consult with Mr. McLaughlin... 718 00:32:11,392 --> 00:32:13,394 You can't have that right. He's my witness. 719 00:32:13,427 --> 00:32:16,030 KITTLESON: Enough! 720 00:32:16,064 --> 00:32:18,499 Mr. McLaughlin... 721 00:32:18,532 --> 00:32:21,035 after lunch, you will take the stand. 722 00:32:35,349 --> 00:32:36,951 MAN: Do you swear to tell the truth, the whole truth, 723 00:32:36,985 --> 00:32:39,153 and nothing but the truth, so help you God? 724 00:32:39,187 --> 00:32:40,054 I do. 725 00:32:40,088 --> 00:32:41,856 Be seated. 726 00:32:45,626 --> 00:32:46,928 Mr. McLaughlin, 727 00:32:46,961 --> 00:32:50,131 did you pressure your daughter not to date black men? 728 00:32:53,902 --> 00:32:55,603 I asked you a question, sir. 729 00:32:56,537 --> 00:32:59,073 My daughter was killed by that man sitting right there. 730 00:32:59,107 --> 00:33:00,508 Move to strike-- nonresponsive. 731 00:33:00,541 --> 00:33:03,077 Instruct the witness to answer the question. 732 00:33:03,111 --> 00:33:05,546 Sustained. The jury will disregard. 733 00:33:05,579 --> 00:33:08,616 Please answer the question, Mr. McLaughlin. 734 00:33:09,851 --> 00:33:13,487 I never pressured my daughter not to date black men. 735 00:33:13,521 --> 00:33:15,623 Well, was she mistaken or did she lie 736 00:33:15,656 --> 00:33:17,725 when she told Betsy Collins that you would have trouble 737 00:33:17,758 --> 00:33:19,961 with her having an interracial relationship 738 00:33:19,994 --> 00:33:21,695 like the one she had with my client? 739 00:33:21,729 --> 00:33:22,663 Objection. 740 00:33:22,696 --> 00:33:24,966 There was no relationship with your client 741 00:33:24,999 --> 00:33:26,134 Was she afraid to tell you? 742 00:33:26,167 --> 00:33:27,035 Objection! 743 00:33:27,068 --> 00:33:28,802 I am not a racist, Mr. Young. 744 00:33:28,837 --> 00:33:31,472 But you were against interracial relationships? 745 00:33:32,340 --> 00:33:35,844 Like any father, I wanted my daughter to have a good life. 746 00:33:35,877 --> 00:33:38,012 I was really worried about interracial relationships 747 00:33:38,046 --> 00:33:39,613 because they were subject to bigotry, 748 00:33:39,647 --> 00:33:41,582 hatred for the couple. 749 00:33:41,615 --> 00:33:43,684 I mean, for the kids. 750 00:33:43,717 --> 00:33:45,053 I see. 751 00:33:45,086 --> 00:33:47,755 So to protect her from bigots, you decided to become one? 752 00:33:47,788 --> 00:33:49,590 GAMBLE: Objection! YOUNG: Withdrawn. 753 00:33:49,623 --> 00:33:51,825 She knew you'd disapprove if she did date a black man, 754 00:33:51,860 --> 00:33:53,294 didn't she, Mr. McLaughlin? 755 00:33:53,327 --> 00:33:55,629 She never dated that man! 756 00:33:55,663 --> 00:33:57,198 Because if she did, 757 00:33:57,231 --> 00:33:59,133 she would have told you all about it, right, 758 00:33:59,167 --> 00:34:02,336 knowing how open-minded you can be? 759 00:34:02,370 --> 00:34:04,438 If he's black, 760 00:34:04,472 --> 00:34:06,807 it had to be rape, 761 00:34:06,841 --> 00:34:08,076 right, Mr. McLaughlin? 762 00:34:08,109 --> 00:34:09,143 Objection! 763 00:34:09,177 --> 00:34:10,478 Sustained. 764 00:34:18,819 --> 00:34:20,321 He agreed to be held. 765 00:34:20,354 --> 00:34:22,223 For what?! 766 00:34:22,256 --> 00:34:24,058 He didn't do anything. 767 00:34:26,027 --> 00:34:28,262 Are they torturing witnesses now, Rebecca? 768 00:34:28,296 --> 00:34:29,931 I cannot believe that. 769 00:34:29,964 --> 00:34:33,167 I read it in the paper. Maybe the CIA is doing that now. 770 00:34:33,201 --> 00:34:34,869 You asked the question yourself. 771 00:34:34,903 --> 00:34:38,072 Doctor, you know your husband, his personality, his demeanor. 772 00:34:38,106 --> 00:34:40,008 Did he seem like maybe he'd been tortured? 773 00:34:42,110 --> 00:34:44,245 He seemed... 774 00:34:44,278 --> 00:34:46,580 He seemed what? 775 00:34:46,614 --> 00:34:50,952 Intent on proving his loyalty to America. 776 00:34:53,821 --> 00:34:55,756 Desperate to prove it. 777 00:35:03,197 --> 00:35:06,534 Closing arguments are not evidence. 778 00:35:06,567 --> 00:35:10,471 Nothing the lawyers say is evidence. 779 00:35:10,504 --> 00:35:15,543 Your verdict must be based solely on evidence. 780 00:35:15,576 --> 00:35:18,212 YOUNG: They had an affair. 781 00:35:18,246 --> 00:35:21,649 The prosecution refuses to believe it. Why? 782 00:35:21,682 --> 00:35:24,718 The man in the parking lot sees a black man with a white woman 783 00:35:24,752 --> 00:35:27,188 and assumes he's hassling her. 784 00:35:27,221 --> 00:35:29,823 The woman in the hallway can't tell one black man from another, 785 00:35:29,858 --> 00:35:32,493 so the prosecution would have you believe 786 00:35:32,526 --> 00:35:33,962 that the only relationship 787 00:35:33,995 --> 00:35:36,831 that could be between a black man and white woman 788 00:35:36,865 --> 00:35:39,267 is killer and victim. 789 00:35:39,300 --> 00:35:41,602 GAMBLE: The defendant was seen arguing with her 790 00:35:41,635 --> 00:35:43,271 in the parking lot. 791 00:35:43,304 --> 00:35:47,976 A witness watched him follow her home angry. 792 00:35:48,009 --> 00:35:51,312 He was seen coming out of Linda's apartment. 793 00:35:51,345 --> 00:35:53,781 His prints were on the murder weapon. 794 00:35:53,814 --> 00:35:56,517 His semen was found in the victim. 795 00:35:56,550 --> 00:36:00,188 Neither the race of the defendant nor the victim 796 00:36:00,221 --> 00:36:04,192 should have any bearing on your verdict. 797 00:36:04,225 --> 00:36:05,826 It is irrelevant 798 00:36:05,860 --> 00:36:08,596 and must not be considered by you in any way. 799 00:36:08,629 --> 00:36:10,899 YOUNG: Linda McLaughlin had a motive 800 00:36:10,932 --> 00:36:13,467 to deny her relationship with my client. 801 00:36:15,303 --> 00:36:17,538 She feared her father. 802 00:36:17,571 --> 00:36:20,741 Her father doesn't like black people. 803 00:36:20,774 --> 00:36:24,778 There's no evidence to suggest someone else killed her. 804 00:36:24,812 --> 00:36:28,216 No one else's prints were found anywhere in the apartment. 805 00:36:28,249 --> 00:36:32,921 The evidence points only to the defendant. 806 00:36:32,954 --> 00:36:35,123 Of course his prints were on the lamp. 807 00:36:35,156 --> 00:36:37,058 He would visit her. He slept with her. 808 00:36:37,091 --> 00:36:39,493 They only looked for one defendant. 809 00:36:39,527 --> 00:36:43,031 Daryl Johnson is on trial, ladies and gentlemen, 810 00:36:43,064 --> 00:36:46,567 simply because he's black. 811 00:36:46,600 --> 00:36:47,936 All we ask is... 812 00:36:52,573 --> 00:36:53,842 honor your oath. 813 00:37:05,954 --> 00:37:06,654 Hey. 814 00:37:06,687 --> 00:37:07,688 WASHINGTON: Hey. 815 00:37:10,158 --> 00:37:11,259 What's happening? 816 00:37:11,292 --> 00:37:13,027 Nothing. 817 00:37:13,061 --> 00:37:15,529 He's in custody, he's instructed me not to challenge it, 818 00:37:15,563 --> 00:37:17,265 and he's staying in custody. 819 00:37:17,298 --> 00:37:18,266 For how long? 820 00:37:18,299 --> 00:37:21,602 I don't know. The case is over. 821 00:37:21,635 --> 00:37:25,273 I'm working on the neely interrogatories now anyway. 822 00:37:25,306 --> 00:37:27,241 Okay. You all right? 823 00:37:27,842 --> 00:37:29,743 Why wouldn't I be all right? 824 00:37:30,344 --> 00:37:31,379 Rebecca. 825 00:37:36,017 --> 00:37:38,486 We're back. 826 00:37:38,519 --> 00:37:39,587 We're back to... 827 00:37:39,620 --> 00:37:41,489 Interning people, 828 00:37:41,522 --> 00:37:44,358 sticking them in prison because of where they were born. 829 00:37:44,392 --> 00:37:46,794 It happened in World War II with the Japanese-Americans, 830 00:37:46,827 --> 00:37:48,429 and it's back. 831 00:37:48,462 --> 00:37:49,663 The government will apologize for it later, 832 00:37:49,697 --> 00:37:51,165 but then it'll be too late. 833 00:37:51,199 --> 00:37:53,968 Innocent people are having their lives ruined now. 834 00:37:57,071 --> 00:38:01,109 Mr. Habib--he thinks being a good American 835 00:38:01,142 --> 00:38:04,278 is giving up your rights, not fighting for them. 836 00:38:07,281 --> 00:38:08,682 Most people know 837 00:38:08,716 --> 00:38:10,751 that Arab-Americans are Americans, Rebecca, 838 00:38:10,784 --> 00:38:12,486 and that they're our neighbors, 839 00:38:12,520 --> 00:38:15,623 but everyone's afraid. 840 00:38:17,859 --> 00:38:20,228 We don't know who we know and who we don't know and... 841 00:38:21,963 --> 00:38:23,531 we're afraid. 842 00:38:25,766 --> 00:38:28,102 Yeah. 843 00:38:28,136 --> 00:38:29,537 (sighs) 844 00:38:29,570 --> 00:38:31,739 (chuckles softly) We're back. 845 00:38:58,332 --> 00:39:00,001 KITTLESON: Let the record reflect 846 00:39:00,034 --> 00:39:01,735 that the parties are present 847 00:39:01,769 --> 00:39:04,005 and that the jury has returned. 848 00:39:04,038 --> 00:39:06,307 The defendant will please rise. 849 00:39:08,109 --> 00:39:11,846 Mr. Forman, as to the charge of murder in the first degree, 850 00:39:11,880 --> 00:39:13,814 how say you? 851 00:39:13,848 --> 00:39:16,985 Your honor, the jury has a statement. 852 00:39:17,018 --> 00:39:18,987 You have a what? 853 00:39:19,020 --> 00:39:21,055 We were told it was our civic duty to serve on a jury 854 00:39:21,089 --> 00:39:24,092 because the constitution guarantees every defendant 855 00:39:24,125 --> 00:39:27,061 the absolute right to be judged by a jury of his peers. 856 00:39:27,095 --> 00:39:28,562 This is not a forum for-- 857 00:39:28,596 --> 00:39:30,198 FORMAN: We were told that the American system, 858 00:39:30,231 --> 00:39:31,299 for all its flaws, 859 00:39:31,332 --> 00:39:33,067 is the best system in the world 860 00:39:33,101 --> 00:39:35,603 because of the concept of the citizen jury. 861 00:39:35,636 --> 00:39:37,038 Move for immediate reading of the verdict. 862 00:39:37,071 --> 00:39:39,040 But what we found-- Sir! 863 00:39:40,774 --> 00:39:42,543 You have one more chance 864 00:39:42,576 --> 00:39:45,046 before you risk a finding of contempt. 865 00:39:47,448 --> 00:39:50,051 Have you all agreed on a verdict? 866 00:39:50,084 --> 00:39:53,187 What we've agreed on 867 00:39:53,221 --> 00:39:55,990 is that this has been about... 868 00:39:56,024 --> 00:40:00,929 the most appalling spectacle we have ever seen. 869 00:40:00,962 --> 00:40:02,163 The only thing that should matter in here 870 00:40:02,196 --> 00:40:06,467 is did the defendant or did he not commit the crime? 871 00:40:06,500 --> 00:40:08,903 Nobody here cares-- not her, not him. 872 00:40:11,840 --> 00:40:14,142 And not you. 873 00:40:14,175 --> 00:40:16,710 Nothing that's gone on here has been about giving the jurors 874 00:40:16,744 --> 00:40:21,415 the information they need to make the right decision. 875 00:40:21,449 --> 00:40:24,652 A girl is dead. A man's freedom is at risk. 876 00:40:24,685 --> 00:40:28,556 If he killed her, his liberties should be forfeited, 877 00:40:28,589 --> 00:40:31,725 and we're supposed to decide... 878 00:40:31,759 --> 00:40:34,228 based on what, exactly? 879 00:40:36,831 --> 00:40:39,067 We want justice for the victim, 880 00:40:41,002 --> 00:40:43,637 but we can't provide it. 881 00:40:43,671 --> 00:40:46,240 KITTLESON: Are you saying you cannot reach 882 00:40:46,274 --> 00:40:48,176 a unanimous verdict? 883 00:40:48,209 --> 00:40:50,544 No, your honor. 884 00:40:50,578 --> 00:40:52,813 What we're saying is we refuse to try. 885 00:40:54,582 --> 00:40:55,850 We have not reached a verdict. 886 00:40:55,884 --> 00:40:58,552 We will not reach a verdict. 887 00:40:59,687 --> 00:41:02,490 If you want to hold us in contempt, 888 00:41:02,523 --> 00:41:03,892 well, there's a certain justice in that 889 00:41:03,925 --> 00:41:06,094 because contempt is what we feel. 890 00:41:17,038 --> 00:41:18,606 You are in contempt. 891 00:41:18,639 --> 00:41:22,410 Security, would you please take the jury into custody? 892 00:41:23,744 --> 00:41:26,314 I declare this a mistrial. 893 00:41:26,347 --> 00:41:28,182 Miss Gamble, you may ask for a date 894 00:41:28,216 --> 00:41:30,885 to begin the retrial. 895 00:41:30,919 --> 00:41:31,652 (gavel bangs) 896 00:41:31,685 --> 00:41:32,954 We're adjourned. 897 00:42:09,790 --> 00:42:10,791 (knocks on door) 898 00:42:17,631 --> 00:42:18,632 (clears throat) 899 00:42:22,303 --> 00:42:24,772 The judge allowed me to withdraw, 900 00:42:24,805 --> 00:42:28,776 so for the next trial... 901 00:42:28,809 --> 00:42:32,146 you have my best wishes. 902 00:42:32,180 --> 00:42:33,314 Thank you. 903 00:42:36,017 --> 00:42:38,819 Well, they certainly reached a verdict on us, anyway. 904 00:42:40,221 --> 00:42:41,990 Yep. 905 00:42:43,724 --> 00:42:47,695 Got a little ugly, but I don't think we were that out of line. 906 00:42:47,728 --> 00:42:50,899 It's a trial. What do they expect? 907 00:42:50,932 --> 00:42:52,733 I don't know. 908 00:42:52,766 --> 00:42:53,835 You know jurors. 909 00:42:58,072 --> 00:43:00,708 We can't beat ourselves up over this, Eugene. 910 00:43:04,545 --> 00:43:06,280 Nope. 911 00:43:06,314 --> 00:43:09,383 Heads high. 912 00:43:09,417 --> 00:43:10,751 Heads high. 913 00:43:19,427 --> 00:43:21,762 (music playing) 914 00:43:45,086 --> 00:43:46,154 WOMAN: You stinker. 66330

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