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These are the user uploaded subtitles that are being translated: 1 00:00:01,434 --> 00:00:02,603 DOLE: Previously on The Practice. 2 00:00:02,636 --> 00:00:04,304 JOSHUA: He began to have a problem in high school 3 00:00:04,337 --> 00:00:05,205 in his senior year. 4 00:00:05,238 --> 00:00:06,239 A drinking problem? 5 00:00:06,272 --> 00:00:08,141 JOSHUA: Yes, then in college, uh, 6 00:00:08,174 --> 00:00:09,543 he got into the frat scene. 7 00:00:09,576 --> 00:00:11,177 He died of alcohol poisoning. 8 00:00:11,211 --> 00:00:13,580 And you're blaming Portiss Brewery. 9 00:00:13,614 --> 00:00:15,048 JOSHUA: I'm certainly aware that there were other beers, 10 00:00:15,081 --> 00:00:16,216 but for the most part, 11 00:00:16,249 --> 00:00:17,718 it was Portiss. 12 00:00:17,751 --> 00:00:19,986 Do you take any responsibility, Mr. Berry? 13 00:00:20,020 --> 00:00:22,055 Your son was underage, 14 00:00:22,088 --> 00:00:23,489 drinking illegally. 15 00:00:23,524 --> 00:00:25,025 No matter what parents say, 16 00:00:25,058 --> 00:00:26,326 it is hard to compete 17 00:00:26,359 --> 00:00:28,762 with the images of fun and social acceptance 18 00:00:28,795 --> 00:00:31,097 that is being marketed by the alcohol industry. 19 00:00:31,131 --> 00:00:34,601 We make it our business to curtail underage drinkers. 20 00:00:34,635 --> 00:00:35,636 Really? 21 00:00:35,669 --> 00:00:37,638 Besides those sex and alcohol commercials, 22 00:00:37,671 --> 00:00:38,371 what else? 23 00:00:38,404 --> 00:00:39,205 Objection! 24 00:00:39,239 --> 00:00:41,041 This kid couldn't so much 25 00:00:41,074 --> 00:00:42,676 as watch a baseball game 26 00:00:42,709 --> 00:00:44,678 without hearing your jingle, Mr. Carroll, 27 00:00:44,711 --> 00:00:46,479 and he's dead, he's dead! 28 00:00:46,513 --> 00:00:48,515 GRUNDEL: Your Honor, could I have a two-minute recess? 29 00:00:48,549 --> 00:00:49,550 We have an offer we'd like to propose 30 00:00:49,583 --> 00:00:50,316 to the plaintiff. 31 00:00:50,350 --> 00:00:52,252 1.6 million. 32 00:00:52,285 --> 00:00:53,887 Should we take it? 33 00:00:53,920 --> 00:00:55,522 Let's take our chances. 34 00:00:55,556 --> 00:00:56,523 What? 35 00:00:56,557 --> 00:00:58,258 The offer is rejected, Your Honor. 36 00:00:58,291 --> 00:01:00,466 Mr. Foreman, what say you? 37 00:01:00,501 --> 00:01:03,169 We, the jury, find in favor of the plaintiff, 38 00:01:03,203 --> 00:01:05,405 and order the defendant to pay punitive damages 39 00:01:05,438 --> 00:01:08,908 in the amount of $125 million. 40 00:01:08,942 --> 00:01:09,676 We appeal! 41 00:01:10,844 --> 00:01:12,879 One of my inmates is Denise Freeman. 42 00:01:12,913 --> 00:01:15,816 She shot two young boys playing in the park. 43 00:01:15,849 --> 00:01:18,118 She's scheduled to be executed next week. 44 00:01:18,151 --> 00:01:19,285 How can I help? 45 00:01:19,319 --> 00:01:20,587 I'd like you to stop it. 46 00:01:20,621 --> 00:01:22,022 Are you against the death penalty? 47 00:01:22,055 --> 00:01:22,889 MARSHALL: No, not at all. 48 00:01:22,923 --> 00:01:24,090 In fact, I think we should 49 00:01:24,124 --> 00:01:25,491 employ it more often. 50 00:01:25,526 --> 00:01:27,828 But we shouldn't be killing Denise Freeman. 51 00:01:27,861 --> 00:01:30,664 She's not the same person who committed those crimes. 52 00:01:30,697 --> 00:01:31,898 FREEMAN: I heard voices, 53 00:01:31,932 --> 00:01:33,900 I thought they were a mandate from God. 54 00:01:33,934 --> 00:01:35,101 You know, there's somebody like me 55 00:01:35,135 --> 00:01:36,803 on "Dateline" once a week. 56 00:01:36,837 --> 00:01:38,438 And the actual diagnosis? 57 00:01:38,471 --> 00:01:40,140 Paranoid schizophrenia. 58 00:01:40,173 --> 00:01:41,975 Do you have a memory of the killings? 59 00:01:42,008 --> 00:01:45,812 They haven't found the medication yet to erase memory. 60 00:01:45,846 --> 00:01:47,180 You wanna take her off the meds? 61 00:01:47,213 --> 00:01:49,349 FRUTT: And stop the execution on the grounds 62 00:01:49,382 --> 00:01:50,651 that she's insane. 63 00:01:50,684 --> 00:01:52,819 The Supreme Court has expressly held 64 00:01:52,853 --> 00:01:55,421 Eighth Amendment prohibits executing the insane. 65 00:01:55,455 --> 00:01:57,290 Go off my medication?! 66 00:01:57,323 --> 00:01:59,626 It's our last best shot. 67 00:01:59,660 --> 00:02:02,468 I will go crazy, Ellenor. 68 00:02:02,503 --> 00:02:03,937 You do realize that. 69 00:02:08,809 --> 00:02:10,944 FREEMAN: Uh, it's, uh, just-- 70 00:02:10,977 --> 00:02:14,548 it's just that they would laugh, you know. 71 00:02:15,716 --> 00:02:18,051 Not really laugh, 72 00:02:18,084 --> 00:02:19,052 "ha-ha-ha" 73 00:02:19,085 --> 00:02:21,788 because then they would get into trouble. 74 00:02:23,289 --> 00:02:26,026 They would get sent to the principal's office. 75 00:02:26,059 --> 00:02:27,828 And they all knew better. 76 00:02:27,861 --> 00:02:29,462 Denise, who talked? 77 00:02:29,495 --> 00:02:31,632 The kids, 78 00:02:31,665 --> 00:02:33,534 all the kids. 79 00:02:33,567 --> 00:02:34,501 Kids. 80 00:02:34,535 --> 00:02:35,636 The kids you shot? 81 00:02:38,672 --> 00:02:41,241 Denise, the kids you shot? 82 00:02:41,274 --> 00:02:43,209 FREEMAN: Every time I entered a room, 83 00:02:43,243 --> 00:02:44,545 except they would disguise it 84 00:02:44,578 --> 00:02:46,813 because they knew that they would get into trouble, 85 00:02:46,847 --> 00:02:48,782 they'd cough. 86 00:02:48,815 --> 00:02:49,916 That was their plan. 87 00:02:49,950 --> 00:02:51,351 And sometimes, they would sneeze, 88 00:02:51,384 --> 00:02:53,186 but usually they would cough, 89 00:02:53,219 --> 00:02:56,389 and that was to laugh at me. 90 00:02:57,090 --> 00:03:00,200 Denise, which kids? 91 00:03:00,233 --> 00:03:03,403 FREEMAN: All the kids... 92 00:03:03,436 --> 00:03:04,505 at school, 93 00:03:04,538 --> 00:03:05,606 the kids at school. 94 00:03:06,272 --> 00:03:07,908 They'd always cough. 95 00:03:07,941 --> 00:03:10,544 The boys in the park, did they cough? 96 00:03:10,577 --> 00:03:12,378 I'm not supposed to talk about that. 97 00:03:12,412 --> 00:03:13,279 That's a secret. 98 00:03:14,615 --> 00:03:15,849 A secret? Between... 99 00:03:15,882 --> 00:03:16,850 Me and him. 100 00:03:17,818 --> 00:03:18,719 Who's "him"? 101 00:03:19,219 --> 00:03:20,721 He doesn't cough. 102 00:03:20,754 --> 00:03:22,255 STUCKY: You don't know who "him" is, 103 00:03:22,288 --> 00:03:24,858 but you and he entered into a secret? 104 00:03:24,891 --> 00:03:27,293 He talks to me from the inside! 105 00:03:28,161 --> 00:03:29,362 The inside of... 106 00:03:29,395 --> 00:03:30,463 Me! 107 00:03:32,332 --> 00:03:35,268 (music playing) 108 00:03:39,773 --> 00:03:42,275 PARKER: We have no way of knowing this isn't an act. 109 00:03:42,308 --> 00:03:43,577 She certainly has motive. 110 00:03:43,610 --> 00:03:46,246 She was examined by six different doctors, 111 00:03:46,279 --> 00:03:47,814 including two from the state. 112 00:03:47,848 --> 00:03:49,449 They all came to the same conclusion. 113 00:03:49,482 --> 00:03:51,051 PARKER: If she's legally insane 114 00:03:51,084 --> 00:03:52,619 and I make no such concession, 115 00:03:52,653 --> 00:03:54,988 her state of mind is self-inflicted here. 116 00:03:55,021 --> 00:03:56,757 How does that-- That's not an issue 117 00:03:56,790 --> 00:03:57,824 before this court. 118 00:03:57,858 --> 00:03:59,159 This is a hearing 119 00:03:59,192 --> 00:04:01,401 to determine her mental state only. 120 00:04:01,434 --> 00:04:03,136 The consequence of that determination 121 00:04:03,169 --> 00:04:04,905 is up to another court. 122 00:04:04,938 --> 00:04:07,073 This, to me, is a perversity of our legal system. 123 00:04:07,107 --> 00:04:09,876 It may very well be, Mr. Parker. 124 00:04:09,910 --> 00:04:11,578 But this hearing, like Ms. Frutt says, 125 00:04:11,612 --> 00:04:15,215 is only about the petitioner's current mental health. 126 00:04:15,248 --> 00:04:16,149 Ms. Freeman, 127 00:04:17,651 --> 00:04:19,285 I have wonderful news. 128 00:04:19,319 --> 00:04:21,154 The court hereby finds you insane. 129 00:04:22,556 --> 00:04:24,024 You must be pleased. 130 00:04:26,226 --> 00:04:29,229 (music playing) 131 00:05:23,456 --> 00:05:26,627 FREEMAN: So, what now? 132 00:05:28,261 --> 00:05:29,362 The next step 133 00:05:29,395 --> 00:05:31,497 is we go to the Federal District Court 134 00:05:31,532 --> 00:05:32,999 to stop the execution 135 00:05:33,033 --> 00:05:34,735 on the grounds that you're insane. 136 00:05:34,768 --> 00:05:37,103 And that's a matter of course, right? 137 00:05:37,137 --> 00:05:38,972 I mean, it's perfunctory. 138 00:05:39,005 --> 00:05:41,575 The Supreme Court has already ruled on this, right? 139 00:05:41,608 --> 00:05:44,410 Nothing is perfunctory, 140 00:05:44,444 --> 00:05:47,180 and as the attorney general said before, 141 00:05:47,213 --> 00:05:50,751 the fact that your insanity is somewhat self-inflicted-- 142 00:05:50,784 --> 00:05:52,285 When can I get back on my medication? 143 00:05:53,353 --> 00:05:56,489 Well, the state will try to force you back on. 144 00:05:56,523 --> 00:05:59,593 And under the current law, they might be able to do that. 145 00:05:59,626 --> 00:06:00,433 For our purposes-- 146 00:06:00,466 --> 00:06:02,202 It's too loud. 147 00:06:02,235 --> 00:06:03,269 It's too loud. 148 00:06:03,303 --> 00:06:04,137 (coughs) 149 00:06:04,170 --> 00:06:04,871 Hey! 150 00:06:09,810 --> 00:06:10,544 Denise, 151 00:06:11,878 --> 00:06:14,114 remember, that's your illness. 152 00:06:14,147 --> 00:06:15,248 When people cough, 153 00:06:15,281 --> 00:06:18,084 they're not really laughing at you. 154 00:06:18,118 --> 00:06:19,452 That's your illness. 155 00:06:19,986 --> 00:06:21,421 FREEMAN: Then why is she looking back at me 156 00:06:21,454 --> 00:06:23,123 like she's sorry? 157 00:06:23,156 --> 00:06:24,090 You're sorry, aren't you? 158 00:06:24,124 --> 00:06:24,825 Yes. 159 00:06:24,858 --> 00:06:25,792 See?! FRUTT: Jamie. 160 00:06:25,826 --> 00:06:27,360 No, I'm not. 161 00:06:29,863 --> 00:06:31,732 To answer your question, 162 00:06:31,765 --> 00:06:33,299 for our purposes, 163 00:06:33,333 --> 00:06:35,168 first, 164 00:06:35,201 --> 00:06:37,337 let's stop the execution, 165 00:06:37,370 --> 00:06:39,239 then, 166 00:06:39,272 --> 00:06:41,341 we'll try to get you back on your medication. 167 00:06:44,978 --> 00:06:47,814 You need to hurry, Ellenor. 168 00:06:47,848 --> 00:06:50,951 It's getting too loud. 169 00:06:57,290 --> 00:06:58,925 2.5? 170 00:06:58,959 --> 00:07:00,867 And you're advising us to take it? 171 00:07:00,901 --> 00:07:02,402 I'm advising you to consider it. 172 00:07:02,435 --> 00:07:04,605 JOSHUA: The verdict was a hundred and twenty-five million. 173 00:07:04,638 --> 00:07:06,306 YOUNG: They have a motion for remittative schedule 174 00:07:06,339 --> 00:07:07,608 for Wednesday. 175 00:07:07,641 --> 00:07:09,342 The judge will likely knock it down anyway to-- 176 00:07:09,375 --> 00:07:10,777 To 2.5? YOUNG: I don't know. 177 00:07:10,811 --> 00:07:12,145 He could even throw it out altogether. 178 00:07:12,178 --> 00:07:13,279 It could happen. 179 00:07:13,313 --> 00:07:14,247 JOSHUA: I don't believe this. 180 00:07:14,280 --> 00:07:15,281 We won. 181 00:07:16,750 --> 00:07:17,818 Joshua, 182 00:07:17,851 --> 00:07:21,888 after more than 300 lawsuits and many adverse verdicts, 183 00:07:21,922 --> 00:07:24,324 the tobacco companies have yet to pay out a cent 184 00:07:24,357 --> 00:07:26,192 in individual-smoker cases. 185 00:07:26,226 --> 00:07:27,393 It'll be the same here. 186 00:07:27,427 --> 00:07:30,096 If we're to get anything, it could be years. 187 00:07:30,130 --> 00:07:31,464 2.5 in the hand is so much-- 188 00:07:31,497 --> 00:07:33,166 No! 189 00:07:33,199 --> 00:07:35,001 Now I am angry. 190 00:07:35,035 --> 00:07:36,336 I stuck it out through a trial. 191 00:07:36,369 --> 00:07:37,571 I got a verdict. 192 00:07:37,604 --> 00:07:39,139 And now you are advising me to settle 193 00:07:39,172 --> 00:07:42,509 because the defendant won't honor that verdict. 194 00:07:42,543 --> 00:07:44,344 It's outrageous. I don't disagree, but-- 195 00:07:44,377 --> 00:07:45,612 JOSHUA: I don't need the money. 196 00:07:45,646 --> 00:07:48,048 I live a comfortable life. 197 00:07:48,081 --> 00:07:50,350 If I have to wait another 10 years, I'll do it. 198 00:07:50,383 --> 00:07:51,151 Joshua... 199 00:07:51,184 --> 00:07:52,619 I said no. 200 00:07:55,822 --> 00:07:58,859 If they had offered me something at the beginning 201 00:07:58,892 --> 00:08:01,301 before the trial-- 202 00:08:01,334 --> 00:08:02,603 but they offered nothing. 203 00:08:02,636 --> 00:08:06,640 And now after they lose-- 204 00:08:06,673 --> 00:08:07,808 of all the arrogance. 205 00:08:09,409 --> 00:08:12,145 We beat them. 206 00:08:12,178 --> 00:08:13,814 I will not settle for this. 207 00:08:13,847 --> 00:08:16,617 No, I will not. 208 00:08:21,421 --> 00:08:22,956 FRUTT: I direct the court's attention 209 00:08:22,989 --> 00:08:24,691 to Ford versus Wainwright, 210 00:08:24,725 --> 00:08:26,860 where the Supreme Court held that the Eighth Amendment 211 00:08:26,893 --> 00:08:30,496 Prohibits the state from executing an insane inmate. 212 00:08:30,531 --> 00:08:33,233 Denise Freeman has been adjudicated to be insane, 213 00:08:33,266 --> 00:08:35,135 and, therefore-- First of all, Your Honor, 214 00:08:35,168 --> 00:08:36,436 that ruling is suspect. 215 00:08:36,469 --> 00:08:37,971 Suspect with whom? 216 00:08:38,004 --> 00:08:40,273 How about the chief justice of the Supreme Court, 217 00:08:40,306 --> 00:08:41,407 who scoffed at the ruling? 218 00:08:41,441 --> 00:08:43,944 It's nevertheless the majority opinion. 219 00:08:43,977 --> 00:08:46,479 SEYMOUR: The court also held the defendant waived his right 220 00:08:46,513 --> 00:08:48,649 if he voluntarily went off medication. 221 00:08:48,682 --> 00:08:50,050 That was for competency. 222 00:08:50,083 --> 00:08:51,718 They never talked about waiver 223 00:08:51,752 --> 00:08:53,153 when it comes to punishment. 224 00:08:53,186 --> 00:08:55,488 Look, Wainwright makes clear 225 00:08:55,956 --> 00:08:59,826 to kill an insane person has little retributive value. 226 00:08:59,860 --> 00:09:01,635 It presents no example to others. 227 00:09:01,668 --> 00:09:05,205 It is not a deterrent and it offends humanity. 228 00:09:05,238 --> 00:09:06,406 PARKER: And I would ask the court, 229 00:09:06,439 --> 00:09:08,274 as Justice Rehnquist does, 230 00:09:08,308 --> 00:09:11,077 where does it all stop? 231 00:09:11,111 --> 00:09:13,246 There has to be some finality to the law. 232 00:09:13,279 --> 00:09:16,416 Miss Freeman was judged sane at her trial. 233 00:09:16,449 --> 00:09:17,884 She was found guilty. 234 00:09:17,918 --> 00:09:20,587 She basically had another trial on the issue of punishment. 235 00:09:20,621 --> 00:09:22,288 Now here she comes again, 236 00:09:22,322 --> 00:09:23,957 saying she's insane, can't kill her. 237 00:09:24,490 --> 00:09:25,959 Suppose she loses this one, 238 00:09:25,992 --> 00:09:28,562 what's to stop her from coming back tomorrow saying, 239 00:09:28,595 --> 00:09:30,063 "Now I'm really insane?" 240 00:09:30,096 --> 00:09:31,164 or the day after? 241 00:09:31,798 --> 00:09:34,968 We could be conducting insanity trials in perpetuity. 242 00:09:35,001 --> 00:09:37,403 Every death-row inmate would be jumping up and down, 243 00:09:37,437 --> 00:09:39,039 screaming, "Look at me! I'm nuts!" 244 00:09:39,072 --> 00:09:41,808 And here, for a sane inmate 245 00:09:41,842 --> 00:09:43,544 to deliberately go off her medication, 246 00:09:43,577 --> 00:09:46,446 for the express purpose of making herself crazy 247 00:09:46,479 --> 00:09:48,782 so she can escape execution, 248 00:09:48,815 --> 00:09:50,050 that's a mockery. 249 00:09:50,083 --> 00:09:53,654 It may be a mockery, Mr. Parker, 250 00:09:53,687 --> 00:09:55,989 but as I interpret the Supreme Court, 251 00:09:56,022 --> 00:09:59,159 with all due respect to Justice Rehnquist, 252 00:09:59,192 --> 00:10:01,167 we cannot execute the insane. 253 00:10:03,469 --> 00:10:05,906 I, therefore, stay the execution. 254 00:10:05,939 --> 00:10:07,007 PARKER: I petition the court 255 00:10:07,040 --> 00:10:09,475 to allow the state to medicate Ms. Freeman. 256 00:10:09,510 --> 00:10:12,412 The New Hampshire Supreme Court has previously held 257 00:10:12,445 --> 00:10:14,515 that a mentally ill defendant can be medicated 258 00:10:14,548 --> 00:10:15,782 against his or her will if it's-- 259 00:10:15,816 --> 00:10:17,551 FRUTT: Once again, that was for trial. 260 00:10:17,584 --> 00:10:19,119 It was not for punishment, 261 00:10:19,152 --> 00:10:20,921 certainly not the death penalty. 262 00:10:20,954 --> 00:10:23,256 The same rationale would support forced medication 263 00:10:23,289 --> 00:10:24,357 for punishment purposes. 264 00:10:24,390 --> 00:10:26,627 Your Honor, this is a separate issue, 265 00:10:26,660 --> 00:10:28,194 a very complicated one. 266 00:10:28,228 --> 00:10:30,396 I would request additional time to prepare. 267 00:10:30,430 --> 00:10:31,364 She's stalling. 268 00:10:31,397 --> 00:10:32,966 I am not stalling. 269 00:10:32,999 --> 00:10:34,467 It's called "due process." 270 00:10:34,500 --> 00:10:35,802 SEYMOUR: All right. 271 00:10:35,836 --> 00:10:38,271 We'll reconvene tomorrow at 9:00 a. m. 272 00:10:38,304 --> 00:10:40,440 on the issue of forced medication. 273 00:10:40,473 --> 00:10:42,676 Until then, we're adjourned. 274 00:10:42,709 --> 00:10:43,977 (gavel bangs) 275 00:10:49,482 --> 00:10:51,952 Now for the tough part. 276 00:10:51,985 --> 00:10:54,755 They wanna force-medicate you to make you sane 277 00:10:54,788 --> 00:10:57,123 so they can then carry out the execution. 278 00:10:57,157 --> 00:10:59,125 As I said before, under the current law, 279 00:10:59,159 --> 00:11:01,134 they may be able to do this. 280 00:11:01,167 --> 00:11:02,503 It's unclear. 281 00:11:02,536 --> 00:11:04,605 You need to stop it. 282 00:11:04,638 --> 00:11:06,072 I can't. 283 00:11:06,106 --> 00:11:06,907 I can't. 284 00:11:07,808 --> 00:11:09,042 It's getting worse. 285 00:11:09,676 --> 00:11:11,211 Explain to me what's happening. 286 00:11:11,244 --> 00:11:12,713 I know. I know. 287 00:11:12,746 --> 00:11:14,447 I wrote myself a letter 288 00:11:14,480 --> 00:11:16,917 before I went off the medication. 289 00:11:16,950 --> 00:11:18,652 I told myself that what's happening 290 00:11:18,685 --> 00:11:21,755 is not really happening, so I know. I know. 291 00:11:21,788 --> 00:11:25,258 It's just, I'm not feeling very well, 292 00:11:25,291 --> 00:11:26,126 and I need-- 293 00:11:31,898 --> 00:11:35,135 We can't put you back on the medication now 294 00:11:35,168 --> 00:11:38,672 because it would mean sanity and death. 295 00:11:40,774 --> 00:11:43,544 So, I need you to hang in there 296 00:11:43,577 --> 00:11:45,445 just a little longer. 297 00:12:02,268 --> 00:12:03,604 DONNELL: What do you mean he won't take it? 298 00:12:03,637 --> 00:12:04,571 YOUNG: He said no. 299 00:12:04,605 --> 00:12:06,172 If it means waiting 10 years to see a nickel, 300 00:12:06,206 --> 00:12:06,873 then so be it. 301 00:12:06,907 --> 00:12:07,974 The guy's dug in. 302 00:12:08,008 --> 00:12:09,275 He was adamant. 303 00:12:09,910 --> 00:12:11,311 Get him in here. 304 00:12:11,344 --> 00:12:12,145 Why? What do you wanna-- 305 00:12:12,178 --> 00:12:13,947 I want to talk to the client. 306 00:12:13,980 --> 00:12:16,216 Bobby, we can't force him to accept an offer 307 00:12:16,249 --> 00:12:17,584 if he doesn't-- DONNELL: It's not about forcing. 308 00:12:17,618 --> 00:12:19,586 It's about making him understand. 309 00:12:19,620 --> 00:12:20,521 We did that. 310 00:12:20,554 --> 00:12:21,522 He understood. 311 00:12:21,555 --> 00:12:23,089 DONNELL: Please have him come in 312 00:12:23,123 --> 00:12:24,357 for one more meeting. 313 00:12:28,328 --> 00:12:30,463 FRUTT: The idea of treating somebody, 314 00:12:30,496 --> 00:12:33,166 healing her, making her well, 315 00:12:33,199 --> 00:12:34,635 so that you can then kill her, 316 00:12:34,668 --> 00:12:36,670 that itself is insane. 317 00:12:36,703 --> 00:12:38,505 The court has done this many times. 318 00:12:38,539 --> 00:12:40,641 It's one thing to force-medicate 319 00:12:40,674 --> 00:12:42,809 so a defendant can help herself at trial. 320 00:12:42,843 --> 00:12:45,378 It's quite another to facilitate killing her. 321 00:12:45,411 --> 00:12:46,146 SEYMOUR: Hold on. 322 00:12:47,147 --> 00:12:50,517 Mr. Parker, I don't mean to be picking on you, 323 00:12:50,551 --> 00:12:52,085 but I agree with Ms. Frutt here. 324 00:12:52,118 --> 00:12:56,222 The idea of medicating a person against his or her will 325 00:12:56,256 --> 00:12:58,291 is in and of itself suspect. 326 00:12:58,324 --> 00:13:00,701 To do so, to make her fit for execution, 327 00:13:00,734 --> 00:13:04,370 offends common sense, as it does common decency. 328 00:13:04,404 --> 00:13:05,872 How decent is it to let these people 329 00:13:05,906 --> 00:13:07,373 manipulate the system, 330 00:13:07,407 --> 00:13:09,009 distort the spirit of the law? 331 00:13:09,042 --> 00:13:10,877 Your motion is denied. 332 00:13:12,112 --> 00:13:13,647 Thank you. 333 00:13:13,680 --> 00:13:15,549 Your Honor, at this time, 334 00:13:15,582 --> 00:13:17,383 we would like a declaratory judgment, 335 00:13:17,417 --> 00:13:19,886 that should my client go back on medication, 336 00:13:19,920 --> 00:13:21,421 making herself sane, 337 00:13:21,454 --> 00:13:23,123 she will not be executed. 338 00:13:25,391 --> 00:13:26,893 Say that again? 339 00:13:26,927 --> 00:13:30,597 To force my client to live out her life mentally ill, 340 00:13:30,631 --> 00:13:34,434 to be denied medication, that certainly constitutes cruel 341 00:13:34,467 --> 00:13:37,237 and unusual punishment under the Eighth Amendment. 342 00:13:37,270 --> 00:13:40,306 SEYMOUR: Counsel, what are you trying to pull? 343 00:13:40,340 --> 00:13:43,209 Your client is choosing to be off the medication. 344 00:13:43,243 --> 00:13:45,245 FRUTT: I would argue that she really doesn't have 345 00:13:45,278 --> 00:13:46,613 such a choice, Your Honor, 346 00:13:46,647 --> 00:13:49,716 if the consequence of being medicated is death. 347 00:13:50,183 --> 00:13:51,151 You got to be kidding. 348 00:13:51,184 --> 00:13:53,720 You can't say to a sick inmate, 349 00:13:53,754 --> 00:13:54,955 "We're willing to treat you, 350 00:13:54,988 --> 00:13:56,823 but if you get well, you die." 351 00:13:57,323 --> 00:13:58,759 If that's her option, 352 00:13:58,792 --> 00:14:01,001 she's basically being denied treatment. 353 00:14:01,034 --> 00:14:02,836 It's cruel and unusual. 354 00:14:04,037 --> 00:14:05,438 That is so ingenious, 355 00:14:05,471 --> 00:14:09,342 I'm surprised no lawyer has thought of it before. 356 00:14:09,375 --> 00:14:12,513 But I'm not going to let you have it both ways. 357 00:14:12,546 --> 00:14:15,315 As long as she's insane, she lives. 358 00:14:15,348 --> 00:14:18,184 If she becomes sane again, she dies. 359 00:14:18,218 --> 00:14:20,086 The choice is hers, 360 00:14:20,120 --> 00:14:22,422 or, since you're the guardian ad litem, 361 00:14:22,455 --> 00:14:24,357 I guess it's yours. 362 00:14:25,959 --> 00:14:27,027 We're adjourned. 363 00:14:27,060 --> 00:14:28,795 (gavel bangs) 364 00:14:28,829 --> 00:14:31,765 (music playing) 365 00:14:35,636 --> 00:14:37,237 (buzzer buzzes) 366 00:14:45,746 --> 00:14:48,214 The news is good and bad. 367 00:14:49,583 --> 00:14:52,385 The judge ruled that they can't force-medicate you. 368 00:14:52,418 --> 00:14:53,620 What about my pills? 369 00:14:53,654 --> 00:14:55,055 When can I take my pills? 370 00:14:55,088 --> 00:14:56,489 That's the bad news. 371 00:14:57,691 --> 00:15:00,166 If you go back on the medication, 372 00:15:00,200 --> 00:15:01,234 they'll execute you. 373 00:15:01,267 --> 00:15:03,436 Well, I can't stay like this. 374 00:15:03,469 --> 00:15:04,337 It's too loud. 375 00:15:04,370 --> 00:15:05,772 FRUTT: Denise, I'd like to work 376 00:15:05,806 --> 00:15:06,573 on an appeal. 377 00:15:06,607 --> 00:15:07,574 It's too loud. 378 00:15:07,608 --> 00:15:10,076 You said that you would make it stop. 379 00:15:10,110 --> 00:15:11,111 I will. FREEMAN: Ellenor, 380 00:15:11,144 --> 00:15:12,112 it needs to be now! 381 00:15:12,145 --> 00:15:13,246 I can't. 382 00:15:13,279 --> 00:15:13,980 No! 383 00:15:14,014 --> 00:15:14,748 No! 384 00:15:14,781 --> 00:15:15,916 Then let me die! 385 00:15:15,949 --> 00:15:17,383 I'm choosing to be executed! 386 00:15:17,417 --> 00:15:19,686 FRUTT: It's actually not your choice. 387 00:15:19,720 --> 00:15:20,654 You have no capacity-- 388 00:15:20,687 --> 00:15:21,555 Yet you said 389 00:15:21,588 --> 00:15:23,590 that you would make it stop! 390 00:15:23,624 --> 00:15:25,425 It's loud! 391 00:15:27,127 --> 00:15:28,962 We can at least get her to a hospital now, right? 392 00:15:28,995 --> 00:15:30,597 If she's-- Shut up! 393 00:15:30,631 --> 00:15:31,431 You shut up! 394 00:15:31,464 --> 00:15:32,265 You shut up! 395 00:15:37,871 --> 00:15:40,941 That bitch is against me. 396 00:15:40,974 --> 00:15:43,910 (music playing) 397 00:15:46,580 --> 00:15:48,014 Mr. and Mrs. Berry, Bobby Donnell. 398 00:15:48,048 --> 00:15:49,049 Thanks for coming in. 399 00:15:49,082 --> 00:15:50,517 I'm not sure what the purpose is. 400 00:15:50,551 --> 00:15:52,485 Eugene tells me you want us to settle, 401 00:15:52,519 --> 00:15:54,220 but I've made our feelings quite clear. 402 00:15:54,254 --> 00:15:57,157 You're not going to get any money, Mr. Berry, 403 00:15:57,190 --> 00:15:59,159 not by pursuing this. 404 00:15:59,192 --> 00:16:00,534 The alcohol industry-- 405 00:16:00,567 --> 00:16:02,503 Can't afford to set a precedent of losing. 406 00:16:02,536 --> 00:16:03,704 Yes. 407 00:16:03,737 --> 00:16:05,338 Eugene has already told me that. 408 00:16:05,371 --> 00:16:06,607 But as I told him, 409 00:16:06,640 --> 00:16:08,241 I don't care if I never see any money. 410 00:16:08,274 --> 00:16:09,576 Yes, but we do. 411 00:16:09,610 --> 00:16:10,577 I'm sorry? 412 00:16:10,611 --> 00:16:11,512 DONNELL: We took this case 413 00:16:11,545 --> 00:16:13,814 on a contingency, Mr. Berry. 414 00:16:13,847 --> 00:16:15,882 There's an implied contract of good faith. 415 00:16:15,916 --> 00:16:19,052 Good faith requires you to accept a reasonable settlement. 416 00:16:19,085 --> 00:16:23,056 Failure to do so may give us a cause of action against you. 417 00:16:23,089 --> 00:16:23,890 Bobby. 418 00:16:23,924 --> 00:16:26,226 DONNELL: 825,000 of 2.5 419 00:16:26,259 --> 00:16:27,561 belongs to us, Mr. Berry, 420 00:16:27,594 --> 00:16:28,995 and I'm not gonna let you give that away 421 00:16:29,029 --> 00:16:30,396 because you're too emotional-- 422 00:16:30,430 --> 00:16:31,765 Bobby. DONNELL: Excuse me, Eugene. 423 00:16:33,667 --> 00:16:36,469 Lawsuits are about money. 424 00:16:36,503 --> 00:16:38,539 You hired us to get you money. 425 00:16:38,572 --> 00:16:42,142 We prosecuted this claim for free on a contingency. 426 00:16:42,175 --> 00:16:45,445 We took a chance on a back end, and now we want our payoff. 427 00:16:45,478 --> 00:16:46,880 What are you talking about? 428 00:16:46,913 --> 00:16:47,948 DONNELL: The choice to settle 429 00:16:47,981 --> 00:16:50,150 or not to settle legally belongs to you, 430 00:16:50,183 --> 00:16:52,418 but if you choose not to, and you end up getting nothing, 431 00:16:52,452 --> 00:16:55,355 if we end up getting nothing, 432 00:16:55,388 --> 00:16:57,190 this firm will file a claim against you 433 00:16:57,223 --> 00:17:00,701 for $825,000. 434 00:17:00,734 --> 00:17:02,235 And please keep in mind, Mr. Berry, 435 00:17:02,268 --> 00:17:03,670 when you are the defendant, 436 00:17:03,704 --> 00:17:06,507 lawyers won't represent you on a contingency. 437 00:17:09,543 --> 00:17:13,079 Turning this settlement down will cost you. 438 00:17:14,548 --> 00:17:15,882 You need to be aware of that. 439 00:17:20,386 --> 00:17:22,255 Thank you for your time. 440 00:17:22,288 --> 00:17:25,225 (music playing) 441 00:17:43,510 --> 00:17:45,078 You could lose your bar card over that one. 442 00:17:45,111 --> 00:17:46,412 I don't think so. 443 00:17:46,446 --> 00:17:47,914 Eugene, we need cash. 444 00:17:47,948 --> 00:17:50,283 Threatening a lawsuit against a client to get cash? 445 00:17:50,316 --> 00:17:52,953 The client needed a dose of reality. 446 00:17:52,986 --> 00:17:53,854 Then why didn't you tell me and Jimmy, 447 00:17:53,887 --> 00:17:54,721 that's what you were planning-- 448 00:17:54,755 --> 00:17:55,889 Because I was taking you off the hook. 449 00:17:55,922 --> 00:17:57,591 The fact that you didn't know what the meeting was about 450 00:17:57,624 --> 00:17:59,492 makes me the only bad guy. 451 00:17:59,526 --> 00:18:02,368 Well, your threat to sue is completely frivolous. 452 00:18:02,402 --> 00:18:03,704 I told the client as much 453 00:18:03,737 --> 00:18:06,372 and he maintains his refusal to settle. 454 00:18:06,406 --> 00:18:08,074 We go in tomorrow on the defendant's motion 455 00:18:08,108 --> 00:18:10,711 to knock the verdict down. 456 00:18:10,744 --> 00:18:13,013 Bobby, you and I have been estranged lately. 457 00:18:13,046 --> 00:18:15,849 A lot of it's been over the Catholic Church, 458 00:18:15,882 --> 00:18:19,419 but at least we've managed to be honest with one another, 459 00:18:19,452 --> 00:18:20,554 so I'm gonna be honest now. 460 00:18:21,988 --> 00:18:23,123 What you just did, 461 00:18:23,156 --> 00:18:26,259 it wasn't in keeping with being an ethical person, 462 00:18:26,292 --> 00:18:28,261 it wasn't in keeping with being an honorable lawyer, 463 00:18:28,294 --> 00:18:30,296 and from what I know of your faith, 464 00:18:30,330 --> 00:18:32,398 it wasn't in keeping with being a good Catholic. 465 00:18:34,200 --> 00:18:38,004 You humiliated this firm with that little performance. 466 00:18:39,105 --> 00:18:42,008 And more than that, 467 00:18:42,042 --> 00:18:44,044 you embarrassed yourself. 468 00:18:48,414 --> 00:18:49,950 (door opens) 469 00:18:52,986 --> 00:18:55,121 She started banging her head against the bars 470 00:18:55,155 --> 00:18:57,423 and looked like she was trying to gouge her eyes. 471 00:18:58,191 --> 00:18:59,459 FRUTT: Is she sedated? 472 00:18:59,492 --> 00:19:02,302 MARSHALL: (sighs) Not yet. 473 00:19:02,335 --> 00:19:03,504 She's in restraints. 474 00:19:03,537 --> 00:19:05,438 She wanted to talk to you first. 475 00:19:09,510 --> 00:19:11,011 FRUTT: Denise? 476 00:19:11,044 --> 00:19:12,879 I want the drugs. 477 00:19:12,913 --> 00:19:15,315 I can't live like this, Ellenor. 478 00:19:15,348 --> 00:19:16,449 Try to calm-- 479 00:19:16,482 --> 00:19:18,184 Don't tell me that! 480 00:19:18,218 --> 00:19:20,120 I can't live like this! 481 00:19:20,153 --> 00:19:22,523 FRUTT: Denise, if you go back on the-- 482 00:19:22,556 --> 00:19:23,356 I know! 483 00:19:23,389 --> 00:19:24,190 I know! 484 00:19:24,224 --> 00:19:25,992 FRUTT: I need you to listen to me! 485 00:19:26,026 --> 00:19:28,161 If you go back on the drugs, 486 00:19:28,194 --> 00:19:30,564 they will put you to death. 487 00:19:30,597 --> 00:19:32,265 I can't live-- 488 00:19:32,298 --> 00:19:34,868 it's too loud! 489 00:19:34,901 --> 00:19:36,503 I want the medicine! 490 00:19:36,537 --> 00:19:38,605 They said that it's your decision! 491 00:19:38,639 --> 00:19:40,641 Tell them to give it to me! 492 00:19:40,674 --> 00:19:42,709 I would be signing your death warrant. 493 00:19:42,743 --> 00:19:43,644 FREEMAN: Now! 494 00:19:47,247 --> 00:19:49,249 (sobbing) 495 00:19:49,282 --> 00:19:50,283 Give her the drugs. 496 00:19:51,918 --> 00:19:53,787 MARSHALL: Ellenor, are you sure? 497 00:19:53,820 --> 00:19:55,922 Of course I'm not sure. 498 00:19:55,956 --> 00:19:57,157 Give her the drugs. 499 00:19:59,593 --> 00:20:00,333 Now! 500 00:20:00,366 --> 00:20:03,303 (music playing) 501 00:20:15,381 --> 00:20:18,251 (breathing rapidly) 502 00:20:19,019 --> 00:20:20,220 Great. 503 00:20:21,722 --> 00:20:24,024 I just helped kill my client. 504 00:20:41,808 --> 00:20:42,543 Hey. 505 00:20:43,910 --> 00:20:44,711 Hey. 506 00:20:46,680 --> 00:20:48,048 Great news from the hospital. 507 00:20:48,982 --> 00:20:51,384 Denise is feeling well enough to be executed. 508 00:20:54,020 --> 00:20:55,388 You come up with anything? 509 00:20:56,089 --> 00:20:58,358 Well, only thing left is to argue 510 00:20:58,391 --> 00:20:59,993 it's unconstitutional to kill her 511 00:21:00,026 --> 00:21:02,836 on Eighth Amendment grounds. 512 00:21:02,869 --> 00:21:04,605 That's sort of been tried, Jamie. 513 00:21:04,638 --> 00:21:06,907 Well, instead of arguing the death penalty 514 00:21:06,940 --> 00:21:09,510 is per se unconstitutional, 515 00:21:09,543 --> 00:21:11,678 you could argue it's cruel and unusual 516 00:21:11,712 --> 00:21:13,980 as applied to Denise Freeman. 517 00:21:16,717 --> 00:21:18,552 It's our only shot, Ellenor. 518 00:21:26,960 --> 00:21:28,061 Hey. 519 00:21:28,094 --> 00:21:29,029 BERLUTI: Hey. 520 00:21:30,664 --> 00:21:32,866 The client's had a change of heart. 521 00:21:32,899 --> 00:21:33,767 They agreed to settle. 522 00:21:35,035 --> 00:21:38,304 We chipped the number up to 3.2. 523 00:21:38,338 --> 00:21:39,339 We're closed. 524 00:21:40,206 --> 00:21:41,207 Really? 525 00:21:41,241 --> 00:21:42,843 What changed their minds? 526 00:21:42,876 --> 00:21:45,211 I guess you did. 527 00:21:45,245 --> 00:21:46,312 Congratulations. 528 00:21:46,346 --> 00:21:48,048 That's a good settlement, Jimmy. 529 00:21:48,081 --> 00:21:49,382 For you, maybe. 530 00:21:49,415 --> 00:21:51,117 For the client. 531 00:21:51,151 --> 00:21:54,087 Well, that would be a lucky coincidence then, 532 00:21:54,120 --> 00:21:55,021 wouldn't it? 533 00:21:56,990 --> 00:21:58,124 Don't pretend you had 534 00:21:58,158 --> 00:22:00,300 the client's interest in mind, Bobby. 535 00:22:01,201 --> 00:22:03,604 Maybe I had yours, 536 00:22:03,637 --> 00:22:04,938 and Rebecca's, 537 00:22:04,971 --> 00:22:05,672 and Ellenor's. 538 00:22:07,674 --> 00:22:11,477 You think it's easy running this place, Jimmy? 539 00:22:11,512 --> 00:22:13,046 You like taking home a salary? 540 00:22:13,079 --> 00:22:13,980 You wanna see the books? 541 00:22:16,182 --> 00:22:19,319 I don't doubt in your heart 542 00:22:19,352 --> 00:22:22,188 you are serving the firm, 543 00:22:22,222 --> 00:22:23,423 but I guess-- 544 00:22:25,325 --> 00:22:28,695 I just wish when serving us, 545 00:22:28,729 --> 00:22:31,665 you'd consider what at heart 546 00:22:31,698 --> 00:22:32,899 this firm is. 547 00:22:37,804 --> 00:22:39,806 Anyway, 548 00:22:39,840 --> 00:22:41,542 congratulations again 549 00:22:41,575 --> 00:22:43,409 on the settlement. 550 00:22:49,049 --> 00:22:50,483 I'm sorry. 551 00:22:50,517 --> 00:22:52,252 You now want to challenge 552 00:22:52,285 --> 00:22:54,621 the constitutionality of the death penalty? 553 00:22:54,655 --> 00:22:56,422 FRUTT: As it applies to my client, yes. 554 00:22:56,456 --> 00:22:57,558 And the show goes on. 555 00:22:57,591 --> 00:22:58,592 I object to that. 556 00:22:58,625 --> 00:22:59,626 This is not a show. 557 00:22:59,660 --> 00:23:01,201 My client is scheduled 558 00:23:01,234 --> 00:23:01,935 to be injected 559 00:23:01,968 --> 00:23:03,036 with lethal poison 560 00:23:03,069 --> 00:23:03,937 the day after tomorrow. 561 00:23:03,970 --> 00:23:04,771 Your client murdered 562 00:23:04,805 --> 00:23:06,239 two young boys 563 00:23:06,272 --> 00:23:06,973 and has since been on a mission 564 00:23:07,007 --> 00:23:08,141 to manipulate the system! 565 00:23:08,174 --> 00:23:10,110 To say nothing-- She is entitled to be heard, 566 00:23:10,143 --> 00:23:10,944 Mr. Parker! 567 00:23:10,977 --> 00:23:11,912 All right! 568 00:23:13,079 --> 00:23:14,748 Ms. Frutt, I must admit 569 00:23:14,781 --> 00:23:17,050 I share Mr. Parker's exasperation. 570 00:23:17,083 --> 00:23:20,921 FRUTT: Your Honor, you represent Denise Freeman's 571 00:23:20,954 --> 00:23:22,422 last chance at life. 572 00:23:23,289 --> 00:23:25,225 It is certainly within your discretion 573 00:23:25,258 --> 00:23:27,393 to let her die. 574 00:23:27,427 --> 00:23:29,863 But it would be an abuse of that discretion to do so 575 00:23:29,896 --> 00:23:32,432 without at least hearing from her attorney. 576 00:23:32,465 --> 00:23:34,000 I've done nothing but hear from you! 577 00:23:34,034 --> 00:23:34,768 Damn it! 578 00:23:36,269 --> 00:23:37,437 Say no if you want, 579 00:23:37,470 --> 00:23:39,105 but I would like to be heard, 580 00:23:39,139 --> 00:23:41,642 however much it exasperates the court's patience. 581 00:23:44,410 --> 00:23:46,379 Speak to me like that again, 582 00:23:46,412 --> 00:23:48,649 you'll get a jail cell of your very own. 583 00:23:53,053 --> 00:23:55,188 All right. 584 00:23:55,221 --> 00:23:55,956 Let's go back in. 585 00:23:55,989 --> 00:23:56,823 I'll hear you. 586 00:23:56,857 --> 00:23:58,158 I need time to prepare. 587 00:24:01,635 --> 00:24:04,337 9:00 tomorrow. 588 00:24:04,370 --> 00:24:05,739 Last call, Counsel. 589 00:24:10,343 --> 00:24:11,377 FRUTT: I need you to pull up Furman. 590 00:24:11,411 --> 00:24:12,779 Check the concurring opinions. 591 00:24:12,813 --> 00:24:15,115 See if there's any language we can make use of. 592 00:24:15,148 --> 00:24:16,617 Then pull up Gregg. 593 00:24:16,650 --> 00:24:18,451 Look for any dissenting opinion. 594 00:24:18,484 --> 00:24:19,720 Are you holding up? 595 00:24:21,555 --> 00:24:22,388 I'm fine. 596 00:24:22,422 --> 00:24:23,356 I'm gonna go see Denise. 597 00:24:23,389 --> 00:24:24,424 You get the cases. 598 00:24:24,457 --> 00:24:25,592 I'll meet you back at the hotel. 599 00:24:25,626 --> 00:24:26,927 STRINGER: Okay. 600 00:24:30,997 --> 00:24:32,132 FREEMAN: Is the ACLU coming in 601 00:24:32,165 --> 00:24:32,899 with you? 602 00:24:34,868 --> 00:24:35,802 Well... 603 00:24:38,371 --> 00:24:39,305 no. 604 00:24:40,607 --> 00:24:41,542 So you're going to try 605 00:24:41,575 --> 00:24:43,009 to overturn the death penalty 606 00:24:43,043 --> 00:24:44,110 all by yourself? 607 00:24:45,311 --> 00:24:47,881 You could go back off the medication, 608 00:24:47,914 --> 00:24:50,116 though I'm not even sure-- 609 00:24:50,150 --> 00:24:51,685 I won't do that again. 610 00:24:53,453 --> 00:24:55,989 I either live on the meds, 611 00:24:56,022 --> 00:24:57,157 or I die. 612 00:24:59,225 --> 00:25:00,901 So, Ellenor, 613 00:25:02,268 --> 00:25:04,170 exactly how good are you? 614 00:25:05,471 --> 00:25:06,840 I'm not this good. 615 00:25:09,142 --> 00:25:10,110 Obviously, Denise, 616 00:25:10,143 --> 00:25:13,079 this is the ultimate Hail Mary. 617 00:25:14,480 --> 00:25:17,818 I will do my very best, but... 618 00:25:20,120 --> 00:25:21,087 We're at the end. 619 00:25:24,090 --> 00:25:25,592 I'm afraid so. 620 00:25:29,429 --> 00:25:30,363 FREEMAN: Well, 621 00:25:32,398 --> 00:25:35,569 I don't know how to begin thanking you for... 622 00:25:36,803 --> 00:25:38,204 We don't have to get into that. 623 00:25:41,241 --> 00:25:42,543 FRUTT: I've arranged for you 624 00:25:42,576 --> 00:25:45,846 to be present in court, so... 625 00:25:47,013 --> 00:25:49,716 One last outing. 626 00:25:49,750 --> 00:25:51,084 Should I try to escape? 627 00:25:56,289 --> 00:25:58,692 Well, 628 00:25:58,725 --> 00:26:02,168 I should probably get to work on... 629 00:26:02,202 --> 00:26:04,738 whatever it is I'm gonna say. 630 00:26:09,109 --> 00:26:11,444 I'll see you tomorrow, okay? 631 00:26:11,477 --> 00:26:13,346 Okay. 632 00:26:13,379 --> 00:26:15,949 (music playing) 633 00:26:15,982 --> 00:26:16,917 Okay. 634 00:26:32,465 --> 00:26:34,200 BAILIFF: All rise. 635 00:26:41,675 --> 00:26:42,375 Be seated. 636 00:26:49,082 --> 00:26:51,451 Okay, Ms. Frutt, I'm listening. 637 00:27:00,901 --> 00:27:03,069 Whether one agrees or disagrees 638 00:27:03,103 --> 00:27:03,904 with the death penalty-- 639 00:27:03,937 --> 00:27:04,705 One does. 640 00:27:07,373 --> 00:27:10,243 It is reserved as punishment 641 00:27:10,276 --> 00:27:11,945 for the worst of criminals, 642 00:27:11,978 --> 00:27:14,681 the most terrible. 643 00:27:14,715 --> 00:27:17,350 Denise Freeman doesn't fall into that category. 644 00:27:18,251 --> 00:27:21,287 Of course, her acts of murder were heinous 645 00:27:21,321 --> 00:27:23,189 against God, and especially 646 00:27:23,223 --> 00:27:25,491 against two innocent, young children. 647 00:27:26,627 --> 00:27:30,597 But Denise Freeman was mentally ill. 648 00:27:30,631 --> 00:27:33,266 Though judged legally sane by a jury, 649 00:27:33,299 --> 00:27:35,636 she clearly wasn't. 650 00:27:35,669 --> 00:27:38,705 She was diagnosed with paranoid schizophrenia 651 00:27:38,739 --> 00:27:40,674 shortly after the trial. 652 00:27:40,707 --> 00:27:44,277 Medication not only successfully treated this disease, 653 00:27:44,310 --> 00:27:46,246 but she developed into a role model, 654 00:27:46,279 --> 00:27:49,550 offering such profound public service to others 655 00:27:49,583 --> 00:27:52,085 that Steven Marshall, the Warden 656 00:27:52,118 --> 00:27:53,954 at the Goffstown Correctional Facility, 657 00:27:53,987 --> 00:27:55,255 has petitioned you 658 00:27:55,288 --> 00:27:58,058 to save her life. 659 00:27:58,091 --> 00:27:59,893 Had Ms. Freeman received 660 00:27:59,926 --> 00:28:01,802 an adequate defense, she likely-- 661 00:28:01,835 --> 00:28:05,438 Counsel, this is neither a retrial of the facts 662 00:28:05,471 --> 00:28:06,907 nor your client's defense. 663 00:28:06,940 --> 00:28:09,943 I understand that, Your Honor, 664 00:28:09,976 --> 00:28:12,378 but you are permitted to consider 665 00:28:12,412 --> 00:28:14,380 that the finding of sanity was made 666 00:28:14,414 --> 00:28:15,782 by 12 laypeople, 667 00:28:15,816 --> 00:28:19,419 with almost no psychiatric testimony introduced 668 00:28:19,452 --> 00:28:20,787 on my client's behalf. 669 00:28:20,821 --> 00:28:23,590 You are allowed to consider 670 00:28:23,624 --> 00:28:25,759 that Denise Freeman was poor, 671 00:28:25,792 --> 00:28:29,630 that her murder trial lasted a total of three days, 672 00:28:29,663 --> 00:28:32,332 her defense taking up one day. 673 00:28:33,133 --> 00:28:34,835 You are allowed to consider 674 00:28:34,868 --> 00:28:38,772 that the overwhelming medical evidence found her 675 00:28:38,805 --> 00:28:41,141 to be insane. 676 00:28:41,174 --> 00:28:42,776 And as such, I would submit 677 00:28:42,809 --> 00:28:45,445 you are certainly allowed to conclude 678 00:28:45,478 --> 00:28:47,848 that Denise Freeman does not fall 679 00:28:47,881 --> 00:28:51,718 into "the most terrible of criminals," 680 00:28:51,752 --> 00:28:54,320 the ones for which we reserve 681 00:28:54,354 --> 00:28:55,522 the penalty of death. 682 00:28:56,757 --> 00:28:58,625 And I would also remind the court 683 00:28:58,659 --> 00:29:01,702 that as horrible as these murders were, 684 00:29:02,636 --> 00:29:04,805 they did not involve rape or torture. 685 00:29:05,639 --> 00:29:09,075 There was no evidence of any physical suffering. 686 00:29:09,109 --> 00:29:11,477 The deaths were instantaneous. 687 00:29:11,512 --> 00:29:13,714 She did not act 688 00:29:13,747 --> 00:29:16,583 out of hatred or evil. 689 00:29:18,351 --> 00:29:21,454 If you are to execute a mentally ill person 690 00:29:21,487 --> 00:29:23,456 who kills painlessly, 691 00:29:23,489 --> 00:29:25,058 without judgment, 692 00:29:25,091 --> 00:29:28,061 without premeditation, 693 00:29:28,094 --> 00:29:29,295 then we are to say 694 00:29:29,329 --> 00:29:32,065 all murderers should be executed, 695 00:29:32,098 --> 00:29:33,567 and we don't say that, Your Honor. 696 00:29:33,600 --> 00:29:37,003 Instead, we reserve the penalty of death 697 00:29:37,037 --> 00:29:38,772 for the most evil, 698 00:29:38,805 --> 00:29:40,741 the most dastardly. 699 00:29:41,708 --> 00:29:45,045 Denise Freeman simply does not fall 700 00:29:45,078 --> 00:29:46,312 into that category, 701 00:29:46,346 --> 00:29:49,616 and her punishment should accordingly 702 00:29:49,650 --> 00:29:51,918 be reduced to life imprisonment. 703 00:30:11,878 --> 00:30:14,180 We judge the criminal act, 704 00:30:14,214 --> 00:30:16,817 not the criminal actor. 705 00:30:16,850 --> 00:30:18,585 When a young child is murdered, 706 00:30:18,619 --> 00:30:21,688 that's the most terrible of crimes. 707 00:30:21,722 --> 00:30:22,823 When two are murdered-- 708 00:30:24,691 --> 00:30:26,359 this murderer was judged sane, 709 00:30:26,392 --> 00:30:27,427 Your Honor. 710 00:30:27,460 --> 00:30:29,329 Ms. Frutt knows this. 711 00:30:29,362 --> 00:30:31,364 She's here mostly because she's against 712 00:30:31,397 --> 00:30:32,298 the death penalty. 713 00:30:32,332 --> 00:30:33,299 Objection! 714 00:30:33,333 --> 00:30:34,067 I say this only 715 00:30:34,100 --> 00:30:35,501 to put her eloquent pleas 716 00:30:35,536 --> 00:30:36,737 in a proper context. 717 00:30:36,770 --> 00:30:38,404 The commitment that she feigns 718 00:30:38,438 --> 00:30:41,575 towards Denise Freeman's life is inextricably bound up 719 00:30:41,608 --> 00:30:43,877 with her opposition to the death penalty. 720 00:30:43,910 --> 00:30:45,178 Mr. Parker, 721 00:30:45,211 --> 00:30:46,947 I'll ask you to confine your remarks 722 00:30:46,980 --> 00:30:49,449 to this case only. 723 00:30:49,482 --> 00:30:50,584 PARKER: All right, Your Honor. 724 00:30:51,417 --> 00:30:53,920 Ms. Frutt said that these crimes 725 00:30:53,954 --> 00:30:56,056 didn't involve much suffering. 726 00:30:57,691 --> 00:30:59,392 Here sit Arnold and Cindy Graham, 727 00:31:00,166 --> 00:31:01,568 the boys' parents. 728 00:31:01,602 --> 00:31:04,170 This woman was at the park that day. 729 00:31:04,204 --> 00:31:05,572 She saw the heads 730 00:31:05,606 --> 00:31:07,407 of her only two children explode. 731 00:31:08,274 --> 00:31:10,410 They've had to go through trials and tribulations 732 00:31:10,443 --> 00:31:11,978 for eight long years, 733 00:31:12,012 --> 00:31:14,615 waiting for this day, for closure, 734 00:31:14,648 --> 00:31:16,550 only to have to come to this room 735 00:31:16,583 --> 00:31:18,519 to listen to a defense attorney claim 736 00:31:18,552 --> 00:31:21,287 that the murders weren't terrible enough, 737 00:31:21,321 --> 00:31:23,289 not enough suffering, 738 00:31:23,323 --> 00:31:24,758 no evil at work. 739 00:31:24,791 --> 00:31:28,094 They've had to witness a last-minute gross distortion 740 00:31:28,128 --> 00:31:29,429 of our legal system, 741 00:31:29,462 --> 00:31:31,097 where the killer goes off medication 742 00:31:31,131 --> 00:31:32,165 for the purpose 743 00:31:32,198 --> 00:31:34,467 of becoming too insane to execute. 744 00:31:35,368 --> 00:31:37,437 I asked before, I'll ask you again, 745 00:31:37,470 --> 00:31:39,472 where does it stop? 746 00:31:43,176 --> 00:31:46,046 Uh, when I grow up, I wanna be vice-president. 747 00:31:46,079 --> 00:31:47,681 Vice-Presidents get to have girlfriends, 748 00:31:47,714 --> 00:31:49,349 and people don't make a big deal. 749 00:31:49,382 --> 00:31:50,817 RYAN (over TV): You're gonna have a girlfriend? 750 00:31:50,851 --> 00:31:51,685 Lots of them. 751 00:31:51,718 --> 00:31:52,653 I got that "thang." 752 00:31:52,686 --> 00:31:53,954 Girls like it. 753 00:31:53,987 --> 00:31:54,888 RYAN (over TV): What thang? 754 00:31:54,921 --> 00:31:56,623 That thang I got. 755 00:31:56,657 --> 00:31:58,191 Timothy Graham for VP, 756 00:31:58,224 --> 00:31:59,693 the candidate with "thang." 757 00:32:05,005 --> 00:32:07,107 Tim Graham won't get to run for vice-president. 758 00:32:09,275 --> 00:32:10,777 In the last eight years, 759 00:32:10,811 --> 00:32:13,947 Denise Freeman got to laugh, 760 00:32:13,980 --> 00:32:15,716 Timothy and Ryan Graham didn't. 761 00:32:16,449 --> 00:32:19,119 Denise Freeman experienced joy on occasion, 762 00:32:20,120 --> 00:32:22,956 Timothy and Ryan didn't. 763 00:32:22,989 --> 00:32:26,392 Denise Freeman got to live, 764 00:32:26,426 --> 00:32:28,094 Timothy and Ryan didn't. 765 00:32:29,395 --> 00:32:32,432 Society can only express its feelings for crime 766 00:32:32,465 --> 00:32:34,601 by the punishment it metes out. 767 00:32:34,635 --> 00:32:37,704 To let her live now is to ignore and prolong 768 00:32:37,738 --> 00:32:40,440 the misery of these parents, 769 00:32:40,473 --> 00:32:43,376 and to say that the life of Denise Freeman... 770 00:32:45,445 --> 00:32:47,514 matters more than those two innocent children. 771 00:33:00,834 --> 00:33:02,936 Ms. Frutt, 772 00:33:02,969 --> 00:33:04,470 I'll give you the final word. 773 00:33:15,448 --> 00:33:17,250 FRUTT: I have a two-year-old daughter. 774 00:33:17,283 --> 00:33:19,419 If somebody were to shoot her dead 775 00:33:19,452 --> 00:33:21,354 on a jungle gym, 776 00:33:21,387 --> 00:33:23,489 I would not only want that person killed, 777 00:33:23,524 --> 00:33:24,925 I would like the satisfaction 778 00:33:24,958 --> 00:33:26,326 of doing it myself. 779 00:33:26,359 --> 00:33:29,029 I would even want that killer to suffer. 780 00:33:29,062 --> 00:33:31,331 It's human nature, 781 00:33:32,132 --> 00:33:34,067 but it isn't right. 782 00:33:35,902 --> 00:33:38,138 One of the reasons I'm here today 783 00:33:38,171 --> 00:33:39,740 is because my daughter 784 00:33:39,773 --> 00:33:42,609 is still alive, 785 00:33:42,643 --> 00:33:44,978 and I worry about the world 786 00:33:45,011 --> 00:33:46,379 we pass on to her. 787 00:33:47,548 --> 00:33:49,516 I plan to teach my little girl 788 00:33:49,550 --> 00:33:52,185 that it is never okay to commit murder, 789 00:33:52,218 --> 00:33:54,588 though the state says otherwise. 790 00:33:55,188 --> 00:33:57,190 I plan to teach my daughter 791 00:33:57,223 --> 00:33:59,660 that we do not respond to violence 792 00:33:59,693 --> 00:34:01,535 with more violence or vengeance, 793 00:34:01,568 --> 00:34:03,937 though the state says otherwise. 794 00:34:04,905 --> 00:34:06,640 I plan to teach her 795 00:34:06,673 --> 00:34:10,176 that life, every life, is sacred, 796 00:34:10,210 --> 00:34:13,614 though the state says otherwise. 797 00:34:13,647 --> 00:34:16,316 In truth, the murder being advocated 798 00:34:16,349 --> 00:34:17,651 by the government today 799 00:34:17,684 --> 00:34:20,821 is far more premeditated than the ones committed 800 00:34:20,854 --> 00:34:21,988 by Denise Freeman. 801 00:34:22,022 --> 00:34:23,757 The murder being advocated 802 00:34:23,790 --> 00:34:25,391 by the government today 803 00:34:25,425 --> 00:34:27,728 is with clarity of mind, 804 00:34:27,761 --> 00:34:28,829 with reason, 805 00:34:28,862 --> 00:34:30,263 and with much more hatred 806 00:34:30,296 --> 00:34:31,497 in the heart 807 00:34:31,532 --> 00:34:33,700 than was true of Denise Freeman. 808 00:34:33,734 --> 00:34:35,569 The murder being advocated 809 00:34:35,602 --> 00:34:38,539 by the government today is one of ceremony. 810 00:34:41,274 --> 00:34:44,077 Killing Denise Freeman might bring closure 811 00:34:44,110 --> 00:34:46,312 for the victims' family. 812 00:34:46,346 --> 00:34:48,515 It will no doubt bring cheers 813 00:34:48,549 --> 00:34:52,085 from much of the community, 814 00:34:52,118 --> 00:34:54,154 but it isn't right. 815 00:34:56,857 --> 00:34:58,358 When I was a kid, 816 00:34:58,391 --> 00:35:00,366 I memorized Clarence Darrow's 817 00:35:00,400 --> 00:35:02,268 closing argument on Leopold and Loeb. 818 00:35:03,469 --> 00:35:06,607 It's what made me wanna become a lawyer. 819 00:35:06,640 --> 00:35:07,841 I often wondered 820 00:35:07,874 --> 00:35:11,111 if I'd ever have a case like that, 821 00:35:11,144 --> 00:35:14,347 where I would stand before a judge 822 00:35:14,380 --> 00:35:15,616 and ask him to spare 823 00:35:15,649 --> 00:35:17,651 another human being's life. 824 00:35:18,785 --> 00:35:22,188 I can't improve on Clarence Darrow, 825 00:35:22,222 --> 00:35:24,490 so I will finish with what he said. 826 00:35:26,727 --> 00:35:30,130 "I am pleading for the future. 827 00:35:30,163 --> 00:35:33,333 I am pleading for a time when hatred and cruelty 828 00:35:33,366 --> 00:35:36,637 will not control the hearts of men, 829 00:35:36,670 --> 00:35:40,641 when we can learn by reason and judgment, 830 00:35:40,674 --> 00:35:42,308 and understanding 831 00:35:42,342 --> 00:35:44,645 and faith, 832 00:35:44,678 --> 00:35:48,381 that all life is worth saving, 833 00:35:48,414 --> 00:35:50,517 and that mercy 834 00:35:50,551 --> 00:35:53,587 is the highest attribute of man." 835 00:35:53,620 --> 00:35:56,557 (music playing) 836 00:36:15,782 --> 00:36:17,183 Ellenor... 837 00:36:19,052 --> 00:36:20,386 honestly... 838 00:36:23,690 --> 00:36:25,225 if I killed your daughter, 839 00:36:27,160 --> 00:36:29,963 do you think you could find it in your heart 840 00:36:29,996 --> 00:36:32,032 to argue for my life? 841 00:36:32,065 --> 00:36:34,100 Absolutely not. 842 00:36:36,903 --> 00:36:40,574 So, all that talk 843 00:36:40,607 --> 00:36:43,243 about kindness overcoming cruelty-- 844 00:36:43,276 --> 00:36:46,780 I believe in it, totally, 845 00:36:49,149 --> 00:36:51,184 except if anyone harmed my daughter. 846 00:37:00,333 --> 00:37:02,401 You didn't quote my favorite part. 847 00:37:03,236 --> 00:37:04,170 I'm sorry? 848 00:37:05,004 --> 00:37:06,472 Darrow's closing. 849 00:37:07,040 --> 00:37:08,908 He talked about how... 850 00:37:08,942 --> 00:37:11,645 we used to hang, 851 00:37:11,678 --> 00:37:13,547 and behead, 852 00:37:13,580 --> 00:37:15,582 and torture 853 00:37:15,615 --> 00:37:19,152 and cut into pieces, 854 00:37:19,185 --> 00:37:22,222 all these inconceivable punishments. 855 00:37:23,957 --> 00:37:26,827 But then, we began to evolve 856 00:37:26,860 --> 00:37:28,829 as a nation 857 00:37:28,862 --> 00:37:31,131 to a point where now we look back 858 00:37:31,164 --> 00:37:34,000 on those things with horror. 859 00:37:35,669 --> 00:37:37,838 He said the future was on his side, 860 00:37:38,371 --> 00:37:39,773 because one day 861 00:37:39,806 --> 00:37:41,975 we, too, would look back 862 00:37:42,008 --> 00:37:44,110 at capital punishment 863 00:37:44,144 --> 00:37:47,213 with embarrassment and shame. 864 00:37:51,518 --> 00:37:54,588 "The future is with me," 865 00:37:54,621 --> 00:37:56,022 he said. 866 00:38:01,067 --> 00:38:04,771 We need the future to be today. 867 00:38:07,908 --> 00:38:09,843 (door opens) 868 00:38:12,345 --> 00:38:13,614 Judge is coming in. 869 00:38:23,757 --> 00:38:25,592 BAILIFF: Be seated. 870 00:38:32,933 --> 00:38:34,400 Stand up, Ms. Freeman. 871 00:38:38,639 --> 00:38:41,474 Ms. Frutt, as much as you'd like me 872 00:38:41,508 --> 00:38:43,810 to overturn the death penalty, 873 00:38:43,844 --> 00:38:45,145 I'm not going to do that. 874 00:38:45,746 --> 00:38:48,949 Anybody who murders two innocent children, 875 00:38:48,982 --> 00:38:51,217 I have a difficult time 876 00:38:51,251 --> 00:38:52,719 having that person's attorney 877 00:38:52,753 --> 00:38:54,454 preach to me on morality. 878 00:38:56,089 --> 00:38:58,391 But I have to acknowledge 879 00:38:58,424 --> 00:39:01,301 the evidence is overwhelming. 880 00:39:01,334 --> 00:39:03,369 If not insane, Ms. Freeman 881 00:39:03,403 --> 00:39:06,139 was at least mentally infirm 882 00:39:06,172 --> 00:39:07,440 at the time she committed 883 00:39:07,473 --> 00:39:09,543 those heinous acts. 884 00:39:11,177 --> 00:39:14,180 I therefore find that the death penalty 885 00:39:14,214 --> 00:39:16,049 is not appropriate here, 886 00:39:17,918 --> 00:39:20,721 and the execution is hereby stayed. 887 00:39:23,524 --> 00:39:24,791 That's all. 888 00:39:24,825 --> 00:39:27,761 (music playing) 889 00:39:47,614 --> 00:39:49,149 I live. 890 00:39:52,185 --> 00:39:53,654 You live. 891 00:40:00,500 --> 00:40:03,436 (music playing) 892 00:40:31,832 --> 00:40:33,299 YOUNG: Next on The Practice. 893 00:40:34,067 --> 00:40:35,969 Hey, get out the truck. 894 00:40:39,105 --> 00:40:40,574 MILLER: I saw the gun and then I just hit 895 00:40:40,607 --> 00:40:41,407 the accelerator. 896 00:40:41,441 --> 00:40:42,576 Did you call the police? 897 00:40:42,609 --> 00:40:43,343 No. 898 00:40:43,376 --> 00:40:44,177 What? 899 00:40:44,210 --> 00:40:45,679 GAMBLE: The man your client ran over 900 00:40:45,712 --> 00:40:47,280 in her garage, 901 00:40:47,313 --> 00:40:48,915 he had a bullet in his back. 902 00:40:49,650 --> 00:40:51,351 DONNELL: Do you have feelings for this woman? 903 00:40:51,384 --> 00:40:53,186 I might love her. 904 00:40:53,219 --> 00:40:55,756 DONNELL: You have to think of her as a client. 905 00:40:55,789 --> 00:40:57,457 I can't do that, Bobby. 906 00:41:00,500 --> 00:41:03,436 (music playing) 907 00:41:26,426 --> 00:41:27,994 WOMAN: You stinker! 908 00:41:28,028 --> 00:41:30,931 (music playing) 61949

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