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DOLE: Previously
on The Practice.
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00:00:02,636 --> 00:00:04,304
JOSHUA: He began to have
a problem in high school
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00:00:04,337 --> 00:00:05,205
in his senior year.
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00:00:05,238 --> 00:00:06,239
A drinking problem?
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00:00:06,272 --> 00:00:08,141
JOSHUA: Yes,
then in college, uh,
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he got into the frat scene.
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He died
of alcohol poisoning.
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And you're blaming
Portiss Brewery.
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JOSHUA: I'm certainly aware
that there were other beers,
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00:00:15,081 --> 00:00:16,216
but for the most part,
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it was Portiss.
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Do you take any responsibility,
Mr. Berry?
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Your son was underage,
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drinking illegally.
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No matter what parents say,
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it is hard to compete
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with the images of fun
and social acceptance
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that is being marketed
by the alcohol industry.
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We make it our business
to curtail underage drinkers.
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Really?
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Besides those sex
and alcohol commercials,
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what else?
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Objection!
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This kid couldn't so much
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as watch a baseball game
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without hearing your jingle,
Mr. Carroll,
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and he's dead, he's dead!
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00:00:46,513 --> 00:00:48,515
GRUNDEL: Your Honor, could
I have a two-minute recess?
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We have an offer
we'd like to propose
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00:00:49,583 --> 00:00:50,316
to the plaintiff.
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1.6 million.
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Should we take it?
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Let's take our chances.
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What?
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The offer is rejected,
Your Honor.
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Mr. Foreman, what say you?
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We, the jury,
find in favor of the plaintiff,
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and order the defendant
to pay punitive damages
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in the amount of $125 million.
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We appeal!
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One of my inmates
is Denise Freeman.
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She shot two young boys
playing in the park.
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She's scheduled
to be executed next week.
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How can I help?
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I'd like you
to stop it.
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Are you against
the death penalty?
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MARSHALL: No, not at all.
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In fact, I think we should
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employ it more often.
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But we shouldn't be killing
Denise Freeman.
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She's not the same person
who committed those crimes.
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FREEMAN: I heard voices,
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I thought they were
a mandate from God.
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You know,
there's somebody like me
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on "Dateline" once a week.
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And the actual diagnosis?
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Paranoid schizophrenia.
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Do you have a memory
of the killings?
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They haven't found the
medication yet to erase memory.
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You wanna take her
off the meds?
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FRUTT: And stop the execution
on the grounds
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that she's insane.
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The Supreme Court
has expressly held
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Eighth Amendment
prohibits executing the insane.
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Go off my medication?!
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It's our last best shot.
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I will go crazy, Ellenor.
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You do realize that.
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FREEMAN: Uh, it's, uh, just--
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it's just that
they would laugh, you know.
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Not really laugh,
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"ha-ha-ha"
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because then they would get
into trouble.
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They would get sent
to the principal's office.
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And they all knew better.
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Denise, who talked?
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The kids,
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all the kids.
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Kids.
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The kids you shot?
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Denise, the kids you shot?
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FREEMAN:
Every time I entered a room,
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except they would disguise it
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because they knew that
they would get into trouble,
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they'd cough.
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That was their plan.
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00:02:49,950 --> 00:02:51,351
And sometimes,
they would sneeze,
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but usually they would cough,
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and that was to laugh at me.
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Denise, which kids?
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00:03:00,233 --> 00:03:03,403
FREEMAN: All the kids...
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at school,
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the kids at school.
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They'd always cough.
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The boys in the park,
did they cough?
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00:03:10,577 --> 00:03:12,378
I'm not supposed
to talk about that.
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That's a secret.
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A secret? Between...
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Me and him.
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Who's "him"?
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He doesn't cough.
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STUCKY:
You don't know who "him" is,
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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)
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00:03:39,773 --> 00:03:42,275
PARKER: We have no way
of knowing this isn't an act.
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She certainly has motive.
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She was examined
by six different doctors,
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including two
from the state.
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They all came
to the same conclusion.
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PARKER:
If she's legally insane
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and I make no such concession,
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her state of mind
is self-inflicted here.
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How does that--
That's not an issue
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before this court.
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This is a hearing
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to determine
her mental state only.
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The consequence
of that determination
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is up to another court.
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00:04:04,938 --> 00:04:07,073
This, to me, is a perversity
of our legal system.
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00:04:07,107 --> 00:04:09,876
It may very well be,
Mr. Parker.
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00:04:09,910 --> 00:04:11,578
But this hearing,
like Ms. Frutt says,
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is only about the petitioner's
current mental health.
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Ms. Freeman,
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I have wonderful news.
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The court hereby
finds you insane.
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You must be pleased.
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(music playing)
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FREEMAN: So, what now?
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The next step
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is we go to
the Federal District Court
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to stop the execution
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on the grounds
that you're insane.
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And that's a matter
of course, right?
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00:05:37,137 --> 00:05:38,972
I mean, it's perfunctory.
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00:05:39,005 --> 00:05:41,575
The Supreme Court has
already ruled on this, right?
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00:05:41,608 --> 00:05:44,410
Nothing is perfunctory,
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00:05:44,444 --> 00:05:47,180
and as the attorney general
said before,
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the fact that your insanity
is somewhat self-inflicted--
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00:05:50,784 --> 00:05:52,285
When can I get back
on my medication?
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00:05:53,353 --> 00:05:56,489
Well, the state will try
to force you back on.
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00:05:56,523 --> 00:05:59,593
And under the current law,
they might be able to do that.
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For our purposes--
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It's too loud.
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00:06:02,235 --> 00:06:03,269
It's too loud.
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00:06:03,303 --> 00:06:04,137
(coughs)
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Hey!
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00:06:09,810 --> 00:06:10,544
Denise,
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00:06:11,878 --> 00:06:14,114
remember,
that's your illness.
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When people cough,
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they're not really laughing
at you.
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That's your illness.
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00:06:19,986 --> 00:06:21,421
FREEMAN: Then why
is she looking back at me
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00:06:21,454 --> 00:06:23,123
like she's sorry?
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00:06:23,156 --> 00:06:24,090
You're sorry, aren't you?
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Yes.
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00:06:24,858 --> 00:06:25,792
See?!
FRUTT: Jamie.
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00:06:25,826 --> 00:06:27,360
No, I'm not.
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To answer your question,
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for our purposes,
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first,
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let's stop the execution,
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then,
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we'll try to get you back
on your medication.
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You need to hurry, Ellenor.
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00:06:47,848 --> 00:06:50,951
It's getting too loud.
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00:06:57,290 --> 00:06:58,925
2.5?
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00:06:58,959 --> 00:07:00,867
And you're advising us
to take it?
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00:07:00,901 --> 00:07:02,402
I'm advising you to consider it.
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JOSHUA: The verdict was a
hundred and twenty-five million.
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YOUNG: They have a motion
for remittative schedule
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for Wednesday.
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00:07:07,641 --> 00:07:09,342
The judge will likely
knock it down anyway to--
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To 2.5?
YOUNG: I don't know.
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00:07:10,811 --> 00:07:12,145
He could even throw it out
altogether.
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It could happen.
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JOSHUA: I don't believe this.
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00:07:14,280 --> 00:07:15,281
We won.
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00:07:16,750 --> 00:07:17,818
Joshua,
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00:07:17,851 --> 00:07:21,888
after more than 300 lawsuits
and many adverse verdicts,
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00:07:21,922 --> 00:07:24,324
the tobacco companies
have yet to pay out a cent
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00:07:24,357 --> 00:07:26,192
in individual-smoker cases.
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It'll be the same here.
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If we're to get anything,
it could be years.
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2.5 in the hand
is so much--
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No!
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Now I am angry.
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I stuck it out
through a trial.
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I got a verdict.
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00:07:37,604 --> 00:07:39,139
And now you are
advising me to settle
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because the defendant
won't honor that verdict.
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00:07:42,543 --> 00:07:44,344
It's outrageous.
I don't disagree, but--
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JOSHUA:
I don't need the money.
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I live a comfortable life.
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If I have to wait
another 10 years, I'll do it.
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00:07:50,383 --> 00:07:51,151
Joshua...
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00:07:51,184 --> 00:07:52,619
I said no.
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00:07:55,822 --> 00:07:58,859
If they had offered me
something at the beginning
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00:07:58,892 --> 00:08:01,301
before the trial--
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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--
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00:08:06,673 --> 00:08:07,808
of all the arrogance.
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00:08:09,409 --> 00:08:12,145
We beat them.
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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.
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00:08:21,421 --> 00:08:22,956
FRUTT: I direct
the court's attention
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00:08:22,989 --> 00:08:24,691
to Ford versus Wainwright,
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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.
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00:08:30,531 --> 00:08:33,233
Denise Freeman has been
adjudicated to be insane,
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00:08:33,266 --> 00:08:35,135
and, therefore--
First of all, Your Honor,
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00:08:35,168 --> 00:08:36,436
that ruling is suspect.
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00:08:36,469 --> 00:08:37,971
Suspect with whom?
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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.
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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
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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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