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DOLE:
Previously on "The Practice"
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Why are you so angry?
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00:00:05,338 --> 00:00:06,206
DOLE: For pretending,
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day after day after day
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00:00:08,408 --> 00:00:09,876
that my husband's
in love with me
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when I know he's not.
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Lindsay, for God's sake,
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of course I love you.
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00:00:15,381 --> 00:00:16,416
DOLE: I know you love me,
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00:00:16,449 --> 00:00:17,150
but...
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I miss being adored.
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Look, the idea of splitting up
is unmentionable.
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But Bobby,
other than our son,
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it is so dead in this home
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and has been for a while.
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I know this isn't
what you wanna hear.
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NANCY: No, it isn't.
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FRUTT: I'm not saying
we can't win on the elements,
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but the blood on your shoe
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and the fact that
you were seen coming and going,
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not to mention the threat.
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With insanity,
even in victory,
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she's gonna be locked up.
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FRUTT: No, she only goes away
until she gets better,
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which, from what the doctors
are telling us,
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00:01:03,236 --> 00:01:04,805
could be soon.
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This is a circumstantial case.
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What she did
and what they can prove
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are two very different things.
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You said so yourself.
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FRUTT: Look, we'll do
what you want us to do,
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but we're telling you,
Nancy,
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your best chance
at seeing freedom again,
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your best chance by far,
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is insanity.
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And Kevin, I may be
stepping over the line here,
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but the reason I think
you're resisting the idea
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of your wife being insane
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is because you feel
responsible for it.
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(music playing)
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MARGARET: My sons
didn't get along.
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They were pretty much
estranged
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ever since the accident.
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WALSH: Which accident
was that, Mrs. Healy?
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Derek's son, Justin was 16.
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He had his learner's permit.
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He was driving.
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Kevin was with him.
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WALSH: To clarify,
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Kevin is the defendant's
husband?
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MARGARET: Yes,
and Derek's younger brother.
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Anyway, Justin was driving.
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Kevin was in the car
when the accident occurred.
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Justin was killed.
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Kevin was paralyzed.
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Derek blamed Kevin,
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claiming his lack
of supervision.
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They became estranged
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and remained so.
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To your knowledge,
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00:03:07,741 --> 00:03:10,511
what was Derek's relationship
with the defendant?
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00:03:10,544 --> 00:03:13,079
That had also deteriorated.
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Nancy became Kevin's
primary caregiver.
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00:03:16,049 --> 00:03:17,350
And as you can imagine,
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it's been extremely burdensome.
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There were insurance problems,
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money issues,
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00:03:24,124 --> 00:03:25,425
and Nancy couldn't understand
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00:03:25,458 --> 00:03:27,894
why Kevin's own brother
wouldn't help out.
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Well, you say money issues.
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Actually,
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00:03:30,664 --> 00:03:33,433
the financial situation
was desperate, wasn't it?
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The problem with insurance,
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00:03:35,435 --> 00:03:37,704
there's a lifetime cap.
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In this case, $750,000.
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They exhausted that
in three years.
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Basically, Derek was well-off
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00:03:45,579 --> 00:03:47,514
but wouldn't help
with his brother's care?
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00:03:47,548 --> 00:03:48,515
Yes.
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00:03:48,549 --> 00:03:49,516
And this, in fact,
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00:03:49,550 --> 00:03:51,417
enraged the defendant,
didn't it?
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Objection leading.
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WALSH: Withdrawn.
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Did you have an opportunity
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to witness an argument
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00:03:57,891 --> 00:04:00,601
between Nancy Healy
and the victim
87
00:04:00,634 --> 00:04:02,435
the day before his death?
88
00:04:02,468 --> 00:04:03,436
Yes.
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00:04:03,469 --> 00:04:05,105
What did you observe, ma'am?
90
00:04:05,138 --> 00:04:08,141
Well, I was visiting Derek
and she came over.
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00:04:08,174 --> 00:04:09,409
They got into it again.
92
00:04:09,442 --> 00:04:12,513
WALSH: Did you hear
the defendant make any threats?
93
00:04:12,546 --> 00:04:13,413
Yes.
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00:04:13,446 --> 00:04:15,181
It escalated to a point
95
00:04:15,215 --> 00:04:17,984
where Derek said something like,
96
00:04:18,018 --> 00:04:21,121
"Gee, if he's so bad off,
97
00:04:21,154 --> 00:04:24,324
maybe he should be
put out of his misery."
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00:04:24,357 --> 00:04:26,426
And Nancy responded,
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00:04:26,459 --> 00:04:27,628
"No, Derek,
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00:04:27,661 --> 00:04:30,931
somebody should put you
out of your misery."
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00:04:30,964 --> 00:04:32,966
And then she said,
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"Maybe that's the solution."
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00:04:36,603 --> 00:04:38,404
FRUTT: When Nancy said this,
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00:04:38,437 --> 00:04:40,874
did you believe
she was forming the intent
105
00:04:40,907 --> 00:04:41,842
to kill Derek?
106
00:04:41,875 --> 00:04:43,644
Obviously not.
107
00:04:43,677 --> 00:04:45,411
And when you talked
to the police,
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00:04:45,445 --> 00:04:47,280
you described
Nancy's psychological
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00:04:47,313 --> 00:04:48,982
state of mind,
didn't you?
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Yes.
111
00:04:50,016 --> 00:04:51,184
FRUTT: Could you please
tell the jury
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what you told the police?
113
00:04:52,986 --> 00:04:54,287
For several months
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preceding the killing,
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00:04:56,389 --> 00:04:59,292
she seem to be
increasingly erratic.
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The insurance thing,
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00:05:01,167 --> 00:05:02,936
she felt very deceived.
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00:05:02,969 --> 00:05:04,671
It made her incense.
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00:05:04,705 --> 00:05:06,172
And erratic?
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00:05:06,206 --> 00:05:07,841
Yes.
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00:05:07,874 --> 00:05:09,409
In my opinion, she was having
122
00:05:09,442 --> 00:05:11,712
some kind of nervous breakdown.
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00:05:15,215 --> 00:05:17,017
What do you mean
you can't get hired?
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I can't.
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00:05:18,151 --> 00:05:20,320
Andrea, you made law review.
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You clerked.
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00:05:21,522 --> 00:05:23,624
What, you have a criminal record
or something?
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Close.
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00:05:28,161 --> 00:05:29,563
When I was 14,
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I was raped.
131
00:05:33,099 --> 00:05:34,535
It comes up in my interviews
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00:05:34,568 --> 00:05:37,638
and my prospects
hit the floor with a thud.
133
00:05:37,671 --> 00:05:39,606
It comes up
in your interviews?
134
00:05:39,640 --> 00:05:41,341
How many have you had?
135
00:05:41,374 --> 00:05:43,577
Including callbacks,
over 30.
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00:05:43,610 --> 00:05:44,911
And it always comes up?
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00:05:44,945 --> 00:05:46,379
Pretty much.
138
00:05:47,581 --> 00:05:49,282
I took some time off
for treatment,
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00:05:49,315 --> 00:05:51,785
so the little gap
in my resume,
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00:05:51,818 --> 00:05:52,719
I explain it.
141
00:05:54,921 --> 00:05:56,923
Do you think it's wise
to bring it up?
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00:05:58,124 --> 00:05:59,760
I mean, law firms
aren't exactly looking
143
00:05:59,793 --> 00:06:01,568
to hire rape victims.
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00:06:01,602 --> 00:06:03,336
This is what I'm assuming.
145
00:06:07,473 --> 00:06:08,174
Who would you sue?
146
00:06:08,208 --> 00:06:09,309
The law firms.
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00:06:09,342 --> 00:06:10,911
She already has sued and--
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00:06:10,944 --> 00:06:12,045
All 30 of them?
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STRINGER: Yes.
She's claiming industry bias.
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00:06:14,314 --> 00:06:15,348
Against rape victims?
151
00:06:15,381 --> 00:06:17,383
Here's the complaint
and supporting memoranda.
152
00:06:17,417 --> 00:06:18,819
It's pretty good.
153
00:06:18,852 --> 00:06:21,421
Thing is, they brought a motion
to dismiss yesterday
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00:06:21,454 --> 00:06:23,123
and now,
there's an evidentiary hearing--
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Slow down.
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00:06:27,961 --> 00:06:29,930
Andrea has to testify,
157
00:06:29,963 --> 00:06:31,665
so she basically needs
co-counsel.
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00:06:31,698 --> 00:06:33,366
That's why she asked
for our help.
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00:06:33,399 --> 00:06:34,968
Well, have any of these firms
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00:06:35,001 --> 00:06:36,937
said that her status
as a rape victim
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00:06:36,970 --> 00:06:38,138
was why they didn't hire her?
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00:06:38,171 --> 00:06:41,041
Of course not.
But zero for thirty?
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00:06:41,074 --> 00:06:42,275
Come on.
Jamie!
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00:06:42,308 --> 00:06:44,044
It's a solid test case,
Eugene.
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00:06:44,077 --> 00:06:45,912
What, rape victims
as a class?
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I know it's tough
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00:06:48,549 --> 00:06:49,616
which means...
168
00:06:50,684 --> 00:06:51,818
it would be a lot of help
169
00:06:51,852 --> 00:06:54,955
if there were a senior litigator
there with me.
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00:06:54,988 --> 00:06:56,957
They might be more inclined
to settle.
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00:06:58,491 --> 00:06:59,526
Please?
172
00:07:01,868 --> 00:07:02,903
(sighs)
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It's you.
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00:07:04,771 --> 00:07:05,739
Me?
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00:07:05,772 --> 00:07:06,807
The problems,
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as you describe them,
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00:07:08,308 --> 00:07:11,244
it all goes
by your own admission
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to your, uh...
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00:07:13,346 --> 00:07:15,649
inability to share your life,
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00:07:15,682 --> 00:07:18,084
your unwillingness to.
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00:07:18,118 --> 00:07:20,521
I didn't exactly
say that, doctor.
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Yes, you did.
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00:07:22,523 --> 00:07:24,490
Look, here's the deal.
184
00:07:24,525 --> 00:07:26,593
You like being alone.
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00:07:26,627 --> 00:07:27,894
She doesn't.
186
00:07:27,928 --> 00:07:30,163
So what do we do about it?
187
00:07:30,196 --> 00:07:31,397
Well, we go to work on it
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that is, if you want to.
189
00:07:34,000 --> 00:07:35,502
Of course I do.
190
00:07:35,536 --> 00:07:38,304
Well, I'm not so sure
about that.
191
00:07:38,338 --> 00:07:39,773
You're here
because your marriage
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00:07:39,806 --> 00:07:41,508
feels like it's failing.
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00:07:41,542 --> 00:07:43,910
You're here because,
for the sake of your son,
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00:07:43,944 --> 00:07:45,512
you wanna repair
the deficits.
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00:07:45,546 --> 00:07:47,213
But that's different
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00:07:47,247 --> 00:07:50,283
from actually desiring
a partnership.
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00:07:51,652 --> 00:07:55,088
From where I sit,
I think you crave isolation.
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00:07:57,357 --> 00:08:00,266
LORI: She called me
just past 3:00,
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00:08:00,300 --> 00:08:02,035
asking if I could come over.
200
00:08:02,068 --> 00:08:03,804
The defendant called you?
201
00:08:03,837 --> 00:08:05,506
Which wasn't unusual.
202
00:08:06,807 --> 00:08:09,242
I filled in a lot,
caring for Kevin.
203
00:08:09,275 --> 00:08:11,311
It gave her a chance
to get out of the house.
204
00:08:11,344 --> 00:08:13,313
And lately,
it seemed like she needed it.
205
00:08:13,346 --> 00:08:17,050
So even though your husband
was estranged from his brother,
206
00:08:17,083 --> 00:08:18,051
you weren't?
207
00:08:18,084 --> 00:08:19,485
No.
208
00:08:19,520 --> 00:08:22,188
In fact, it was an issue
between Derek and me.
209
00:08:22,222 --> 00:08:24,658
I thought he should contribute.
210
00:08:24,691 --> 00:08:27,928
The reality is our son
caused the accident
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00:08:27,961 --> 00:08:29,229
which paralyzed Kevin.
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00:08:30,396 --> 00:08:31,732
WALSH: Okay.
213
00:08:31,765 --> 00:08:34,367
Going back to the day
Derek was killed,
214
00:08:34,400 --> 00:08:36,002
you got a phone call
from Nancy?
215
00:08:36,036 --> 00:08:37,638
Yes.
216
00:08:37,671 --> 00:08:39,305
She asked
if I could watch Kevin
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00:08:39,339 --> 00:08:41,274
while she did a few errands.
218
00:08:41,307 --> 00:08:42,509
I agreed.
219
00:08:42,543 --> 00:08:44,344
I went over there around 4:00.
220
00:08:44,377 --> 00:08:46,680
Nancy returned
a little after 6:00.
221
00:08:46,713 --> 00:08:48,782
I then went home,
222
00:08:48,815 --> 00:08:50,350
where I found Derek.
223
00:08:50,383 --> 00:08:53,019
Dead?
Yes.
224
00:08:53,053 --> 00:08:54,788
He was bleeding
from the head.
225
00:08:54,821 --> 00:08:56,289
And you called the police?
226
00:08:56,322 --> 00:08:57,524
Yes.
227
00:08:57,558 --> 00:08:59,626
And what did you say?
228
00:08:59,660 --> 00:09:01,868
That I thought
Nancy killed him.
229
00:09:04,805 --> 00:09:06,907
When Nancy returned home,
230
00:09:06,940 --> 00:09:08,241
how did she appear?
231
00:09:08,274 --> 00:09:10,276
Very disoriented.
232
00:09:10,310 --> 00:09:12,846
And you mentioned that,
lately,
233
00:09:12,879 --> 00:09:16,249
you had actually
been increasing your role
234
00:09:16,282 --> 00:09:17,217
as nurse for Kevin?
235
00:09:17,250 --> 00:09:18,552
LORI: Yes.
236
00:09:18,585 --> 00:09:20,554
I was doing night shift
237
00:09:20,587 --> 00:09:21,622
twice a week.
238
00:09:21,655 --> 00:09:23,724
The last month,
I was there a lot.
239
00:09:23,757 --> 00:09:24,958
Why?
240
00:09:24,991 --> 00:09:27,994
Well, Nancy was becoming
less competent.
241
00:09:28,028 --> 00:09:30,697
She'd forget things.
242
00:09:30,731 --> 00:09:33,499
One time, Kevin was in bed
for almost the whole day
243
00:09:33,534 --> 00:09:34,935
while she slept on the floor.
244
00:09:34,968 --> 00:09:37,237
She'd taken some pills
or something.
245
00:09:37,270 --> 00:09:38,872
BERLUTI: Did you talk to her
about this?
246
00:09:38,905 --> 00:09:40,607
LORI: Yes. I tried to get her
247
00:09:40,641 --> 00:09:42,943
to get help of her own,
counseling,
248
00:09:42,976 --> 00:09:45,979
but she'd just go off
on how she couldn't afford it.
249
00:09:46,012 --> 00:09:49,650
Going back to the day
your husband died,
250
00:09:49,683 --> 00:09:52,452
when you got the call
from Nancy,
251
00:09:52,485 --> 00:09:54,487
asking you to come over,
252
00:09:54,521 --> 00:09:56,690
how did she sound to you?
253
00:09:56,723 --> 00:09:58,024
Not good.
254
00:09:58,058 --> 00:10:00,200
She sounded like
she was going to snap.
255
00:10:03,303 --> 00:10:05,038
Your husband received money
256
00:10:05,071 --> 00:10:06,873
as part of a family trust.
257
00:10:06,907 --> 00:10:07,874
Isn't that right?
258
00:10:07,908 --> 00:10:09,042
Yes.
259
00:10:09,075 --> 00:10:11,344
And upon his death,
260
00:10:11,377 --> 00:10:13,814
that money
would then go to Kevin.
261
00:10:13,847 --> 00:10:15,549
Also correct?
262
00:10:15,582 --> 00:10:16,650
Yes.
263
00:10:16,683 --> 00:10:19,085
Would Nancy Healy
have known this?
264
00:10:22,055 --> 00:10:24,157
Yes, she would.
265
00:10:36,703 --> 00:10:38,238
I don't even think
I called her.
266
00:10:38,271 --> 00:10:39,740
I don't even think
I called her.
267
00:10:39,773 --> 00:10:41,875
Honey, they have
the phone records.
268
00:10:41,908 --> 00:10:43,443
Maybe she wants me convicted.
269
00:10:43,476 --> 00:10:44,745
Anybody think about that?
270
00:10:44,778 --> 00:10:45,912
Lori is your friend.
271
00:10:45,946 --> 00:10:47,313
She's not gonna lie.
272
00:10:47,347 --> 00:10:48,882
Why didn't you
cross her better?
273
00:10:48,915 --> 00:10:50,250
You were mush!
274
00:10:53,520 --> 00:10:54,588
Look...
275
00:10:54,621 --> 00:10:55,889
we need to stay united
276
00:10:55,922 --> 00:10:57,891
and focus on our defense.
277
00:10:58,992 --> 00:11:00,466
Tomorrow's gonna be a long day.
278
00:11:00,500 --> 00:11:02,435
She thinks I'm insane.
279
00:11:02,468 --> 00:11:03,403
Sweetheart...
280
00:11:04,671 --> 00:11:06,607
it's our legal defense.
281
00:11:09,375 --> 00:11:11,411
If I go away,
282
00:11:11,444 --> 00:11:13,079
who takes care of you?
283
00:11:14,314 --> 00:11:16,449
Who takes care of you?
284
00:11:18,719 --> 00:11:21,387
(music playing)
285
00:11:30,597 --> 00:11:31,932
COTE: Overall...
286
00:11:31,965 --> 00:11:34,134
of the 30 initial interviews,
287
00:11:34,167 --> 00:11:37,804
I talked about being raped
all but seven times.
288
00:11:37,838 --> 00:11:40,406
I got seven callbacks.
289
00:11:40,440 --> 00:11:42,408
I'll let you guess
which ones.
290
00:11:42,442 --> 00:11:44,645
Why bring it up at all?
291
00:11:44,678 --> 00:11:47,714
Certainly, rape does not make
for a fun conversation.
292
00:11:47,748 --> 00:11:49,349
No, it doesn't.
293
00:11:49,382 --> 00:11:52,352
The truth is
I never talked about it,
294
00:11:52,385 --> 00:11:54,988
not even to my closest friends.
295
00:11:55,021 --> 00:11:57,991
I always thought that
I could outrun the memory
296
00:11:58,024 --> 00:11:59,025
and that one morning,
297
00:11:59,059 --> 00:12:01,502
I would finally wake up unraped.
298
00:12:01,535 --> 00:12:04,571
But during my clerkship,
299
00:12:04,605 --> 00:12:08,742
I began to suffer
from some emotional problems,
300
00:12:08,775 --> 00:12:09,910
anxiety.
301
00:12:11,377 --> 00:12:13,179
I got therapy
and discovered much of it
302
00:12:13,213 --> 00:12:14,748
was brought on
by my own feelings
303
00:12:14,781 --> 00:12:16,349
of shame and guilt.
304
00:12:16,382 --> 00:12:19,052
So your therapist encouraged
you to talk about it?
305
00:12:19,085 --> 00:12:20,987
Yes.
306
00:12:21,021 --> 00:12:23,690
Unfortunately,
people don't wanna hear it.
307
00:12:25,291 --> 00:12:27,160
During all these interviews,
308
00:12:27,193 --> 00:12:30,230
did anyone make any
inappropriate remark
309
00:12:30,263 --> 00:12:31,464
concerning your being raped?
310
00:12:31,497 --> 00:12:32,599
No.
311
00:12:32,633 --> 00:12:34,200
Do you have any evidence,
312
00:12:34,234 --> 00:12:35,769
testimonial, paper
313
00:12:35,802 --> 00:12:36,903
where you can show,
314
00:12:36,937 --> 00:12:38,171
but for your being raped,
315
00:12:38,204 --> 00:12:40,306
you would have been hired
at a particular firm?
316
00:12:40,340 --> 00:12:42,676
At a particular firm?
317
00:12:42,709 --> 00:12:45,378
No, I have no hard evidence.
318
00:12:46,079 --> 00:12:47,047
Thank you, Andrea.
319
00:12:47,080 --> 00:12:48,148
That's all.
320
00:12:48,181 --> 00:12:49,650
You may step down.
321
00:12:51,051 --> 00:12:54,387
Your Honor, clearly, there's no
prima facie case here.
322
00:12:54,420 --> 00:12:56,690
And even if you could show
a smoking gun,
323
00:12:56,723 --> 00:12:59,693
Massachusetts is an at will
employment state,
324
00:12:59,726 --> 00:13:00,734
which means, legally,
325
00:13:00,767 --> 00:13:01,935
they can hire
whoever they want
326
00:13:01,968 --> 00:13:03,737
without any--
I'd like to call Jason McNeil.
327
00:13:04,805 --> 00:13:05,972
Ms. Stringer...
328
00:13:06,006 --> 00:13:07,273
He's sitting right there.
329
00:13:07,307 --> 00:13:08,408
He's one of the defendants.
330
00:13:08,441 --> 00:13:10,276
I'd like to ask him
a few questions.
331
00:13:15,148 --> 00:13:16,650
We'll take a 20-minute break,
332
00:13:16,683 --> 00:13:18,619
then resume with Mr. McNeil.
333
00:13:26,326 --> 00:13:27,327
Excuse us.
334
00:13:31,732 --> 00:13:33,166
Why did you do that?
I didn't think
335
00:13:33,199 --> 00:13:34,768
Andrea held up too well
in cross,
336
00:13:34,801 --> 00:13:36,637
so I figure, what's to lose?
337
00:13:36,670 --> 00:13:38,371
Maybe the guy
will say something to help us.
338
00:13:38,404 --> 00:13:40,641
Jamie, if you don't know
what a witness will say,
339
00:13:40,674 --> 00:13:41,808
you don't call them.
340
00:13:41,842 --> 00:13:43,610
That's cross-examination 101.
341
00:13:43,644 --> 00:13:45,011
The case
is a long shot, Eugene,
342
00:13:45,045 --> 00:13:45,879
so--
Exactly.
343
00:13:45,912 --> 00:13:47,313
So the last thing we need
344
00:13:47,347 --> 00:13:49,149
is for the defense
to get to button the motion
345
00:13:49,182 --> 00:13:50,250
with their side.
346
00:13:50,283 --> 00:13:51,618
STRINGER: The judge
was about to rule.
347
00:13:51,652 --> 00:13:53,554
YOUNG: This witness isn't
going to admit to anything.
348
00:13:53,587 --> 00:13:54,921
Odds are,
he'll have you for lunch,
349
00:13:54,955 --> 00:13:57,090
and then the judge will rule,
all right.
350
00:13:57,123 --> 00:13:59,425
Jamie, think.
351
00:13:59,459 --> 00:14:00,767
If that fails,
352
00:14:00,801 --> 00:14:02,468
at least check with me.
353
00:14:06,573 --> 00:14:08,775
KEVIN: So she had come home
at about 5:00,
354
00:14:08,809 --> 00:14:10,176
and...
355
00:14:10,210 --> 00:14:13,647
she looked well,
like Lori said, in a daze.
356
00:14:13,680 --> 00:14:16,249
This was when she got back
from your brother's?
357
00:14:16,282 --> 00:14:17,350
KEVIN: Yes.
358
00:14:17,383 --> 00:14:18,985
Then, she lay down
for about an hour.
359
00:14:19,019 --> 00:14:20,453
And then when she woke up,
360
00:14:20,486 --> 00:14:22,723
she said that...
361
00:14:22,756 --> 00:14:25,025
she had no memory of even going
to my brother's house.
362
00:14:25,058 --> 00:14:26,527
Did you believe her?
363
00:14:26,560 --> 00:14:27,761
I did.
364
00:14:27,794 --> 00:14:30,363
Because this sort of thing
had happened before.
365
00:14:30,396 --> 00:14:33,867
She had blackouts
for extended periods of time.
366
00:14:33,900 --> 00:14:35,936
It was brought on
by a syndrome called
367
00:14:35,969 --> 00:14:37,571
caregiver's burnout.
368
00:14:37,604 --> 00:14:39,272
Caregiver's burnout?
369
00:14:39,305 --> 00:14:41,508
It's basically a state
of emotional
370
00:14:41,542 --> 00:14:43,544
and mental exhaustion.
371
00:14:43,577 --> 00:14:46,379
Mrs. Healy demonstrated
many of the symptoms,
372
00:14:46,412 --> 00:14:47,748
inability to sleep,
373
00:14:47,781 --> 00:14:49,750
thoughts of suicide,
374
00:14:49,783 --> 00:14:51,184
feelings of hopelessness.
375
00:14:51,217 --> 00:14:53,854
The syndrome can be
especially pronounced
376
00:14:53,887 --> 00:14:56,690
when the caregiver
is also the spouse.
377
00:14:56,723 --> 00:14:58,224
She had to wash me,
378
00:14:58,258 --> 00:14:59,693
dress me, feed me,
379
00:15:00,901 --> 00:15:02,769
assist me in going
to the bathroom,
380
00:15:02,803 --> 00:15:03,737
and then...
381
00:15:05,071 --> 00:15:07,307
clean me up
after I'd been to the bathroom.
382
00:15:09,009 --> 00:15:11,311
It was full-time,
around the clock.
383
00:15:13,113 --> 00:15:14,114
It became her life.
384
00:15:15,248 --> 00:15:16,783
And the problem is
385
00:15:16,817 --> 00:15:18,451
they start to see themselves
386
00:15:18,484 --> 00:15:20,854
exclusively as caregivers.
387
00:15:20,887 --> 00:15:22,388
Now, when this happens
with patients
388
00:15:22,422 --> 00:15:24,858
whose condition
isn't improving--
389
00:15:24,891 --> 00:15:26,793
She was plunging into depression
390
00:15:26,827 --> 00:15:27,961
and hopelessness.
391
00:15:29,362 --> 00:15:32,132
And some days, she would
just amble around the house,
392
00:15:33,299 --> 00:15:35,435
feeling completely disoriented.
393
00:15:35,468 --> 00:15:37,838
GABLER: Add to that the rage
against the brother
394
00:15:37,871 --> 00:15:39,139
for not helping,
395
00:15:39,172 --> 00:15:42,308
my opinion is,
it triggered a psychotic break.
396
00:15:42,342 --> 00:15:45,612
But wouldn't she at least
remember it?
397
00:15:45,646 --> 00:15:46,446
No.
398
00:15:46,479 --> 00:15:47,413
Because she suffered
399
00:15:47,447 --> 00:15:49,950
from a form
of traumatic amnesia.
400
00:15:49,983 --> 00:15:52,018
What she did
was so shocking,
401
00:15:52,052 --> 00:15:54,154
she basically blocked it out.
402
00:15:54,187 --> 00:15:57,023
WALSH: How can you prove
she's not faking amnesia?
403
00:15:57,057 --> 00:15:59,092
We obviously can't prove it,
404
00:15:59,125 --> 00:16:00,867
but in my professional opinion,
405
00:16:00,901 --> 00:16:03,570
she has no memory
of committing this act.
406
00:16:03,604 --> 00:16:05,806
Yes, well,
in my professional experience,
407
00:16:05,839 --> 00:16:07,440
the killer
usually denies doing it.
408
00:16:07,473 --> 00:16:09,175
And then,
once you catch them, it's,
409
00:16:09,209 --> 00:16:10,777
"Oh, gee, amnesia."
410
00:16:10,811 --> 00:16:11,812
Objection.
411
00:16:11,845 --> 00:16:12,979
WALSH: Withdrawn.
412
00:16:13,013 --> 00:16:15,816
When did this traumatic shock
kick in, doctor?
413
00:16:15,849 --> 00:16:17,884
Probably as soon
as she committed the act
414
00:16:17,918 --> 00:16:19,219
and realized it.
415
00:16:19,252 --> 00:16:20,554
After she had taken the time
416
00:16:20,587 --> 00:16:22,889
to wipe the fire poker
clean of her prints?
417
00:16:23,423 --> 00:16:24,825
Possibly.
418
00:16:24,858 --> 00:16:25,892
I can't say for sure.
419
00:16:25,926 --> 00:16:29,530
And all these symptoms
of burnout you spoke of,
420
00:16:29,563 --> 00:16:31,464
thoughts of suicide,
421
00:16:31,497 --> 00:16:34,535
sleeplessness, hopelessness,
422
00:16:34,568 --> 00:16:37,237
did you actually witness
those symptoms, doctor?
423
00:16:37,270 --> 00:16:39,640
They were corroborated
by her husband.
424
00:16:39,673 --> 00:16:41,307
Yes, her husband.
425
00:16:41,341 --> 00:16:42,943
He had the same
financial motive to kill
426
00:16:42,976 --> 00:16:44,244
as his wife, didn't he?
427
00:16:44,277 --> 00:16:45,612
Objection.
Objection.
428
00:16:49,583 --> 00:16:51,918
That went as well
as we could have hoped.
429
00:16:51,952 --> 00:16:53,854
You held up extremely well,
Kevin.
430
00:16:53,887 --> 00:16:55,789
So what happens now?
431
00:16:55,822 --> 00:16:57,257
You.
432
00:16:57,290 --> 00:16:58,458
You happen.
433
00:16:58,491 --> 00:17:00,767
FRUTT: You just need
to tell your story, Nancy.
434
00:17:00,801 --> 00:17:02,636
Expect for Walsh
to come at you
435
00:17:02,669 --> 00:17:04,638
with everything he's got.
436
00:17:04,671 --> 00:17:06,006
But do not dodge,
437
00:17:06,039 --> 00:17:07,508
do not hide.
438
00:17:07,541 --> 00:17:09,475
Simply tell the truth.
439
00:17:09,510 --> 00:17:11,111
Our main mission here
440
00:17:11,144 --> 00:17:13,479
is to let the jury see you
as a human being.
441
00:17:14,748 --> 00:17:15,816
Okay.
442
00:17:15,849 --> 00:17:18,051
We're doing very well.
443
00:17:18,084 --> 00:17:20,286
We just need to hang in there
a little bit longer.
444
00:17:24,290 --> 00:17:26,359
I remember her mentioning
she'd been raped,
445
00:17:26,392 --> 00:17:28,428
but it certainly didn't factor
into my decision.
446
00:17:28,461 --> 00:17:29,963
Why didn't you hire her?
447
00:17:29,996 --> 00:17:32,098
Counsel,
we see so many applicants,
448
00:17:32,132 --> 00:17:33,767
all with excellent transcripts
449
00:17:33,800 --> 00:17:35,836
from top-rate law schools.
450
00:17:35,869 --> 00:17:37,938
In the end,
many of the final calls
451
00:17:37,971 --> 00:17:39,372
come from the gut.
452
00:17:39,405 --> 00:17:42,676
And your gut said,
"Don't hire Andrea Cote"?
453
00:17:42,709 --> 00:17:44,477
MCNEIL: I didn't form
any negative conclusions
454
00:17:44,511 --> 00:17:45,579
toward her.
455
00:17:45,612 --> 00:17:48,314
I guess I just had more positive
reactions to others.
456
00:17:48,348 --> 00:17:49,750
Because they hadn't
been raped?
457
00:17:49,783 --> 00:17:51,151
Of course not.
458
00:17:51,184 --> 00:17:52,953
She made law review.
459
00:17:52,986 --> 00:17:54,454
She was a finalist
in the New England
460
00:17:54,487 --> 00:17:55,388
Moot Court Competition.
461
00:17:55,421 --> 00:17:56,690
McNEIL: She's very qualified.
462
00:17:56,723 --> 00:17:58,124
But if you look at our hires
463
00:17:58,158 --> 00:17:59,560
over the last year,
464
00:17:59,593 --> 00:18:02,235
you'll see that they, too,
are extremely talented.
465
00:18:02,268 --> 00:18:03,837
STRINGER: Mr. McNeil,
466
00:18:03,870 --> 00:18:07,508
I have no doubt that
you are an honorable man.
467
00:18:07,541 --> 00:18:10,210
Reminding you that
you are under oath,
468
00:18:10,243 --> 00:18:11,878
are you telling this court
469
00:18:11,912 --> 00:18:14,014
that Andrea Cote's status
as a rape victim
470
00:18:14,047 --> 00:18:15,616
didn't inform a little
471
00:18:15,649 --> 00:18:18,218
on your decision
not to hire her?
472
00:18:18,251 --> 00:18:20,654
Ms. Stringer, I indeed like
to think of myself
473
00:18:20,687 --> 00:18:22,556
as an honorable man.
474
00:18:22,589 --> 00:18:23,990
I'm a proud member
of the bar
475
00:18:24,024 --> 00:18:26,126
and an officer of this court.
476
00:18:26,159 --> 00:18:28,829
And I will tell you
categorically,
477
00:18:28,862 --> 00:18:31,865
her status as a rape victim
played no part whatsoever
478
00:18:31,898 --> 00:18:33,466
in my determination.
479
00:18:42,943 --> 00:18:46,479
NANCY: My head would get,
um, I don't know,
480
00:18:46,513 --> 00:18:48,214
loopy sometimes
481
00:18:48,248 --> 00:18:51,151
like I was drugged
or something.
482
00:18:51,184 --> 00:18:54,287
The doctor said
it was from stress.
483
00:18:54,320 --> 00:18:57,558
Sometimes I would get this
incredible fatigue
484
00:18:57,591 --> 00:18:59,760
and I would go to sleep.
485
00:19:00,834 --> 00:19:03,670
And I guess I would wake up,
486
00:19:03,704 --> 00:19:06,740
but I wouldn't wake up
really.
487
00:19:06,773 --> 00:19:09,242
I have no memory of even going
488
00:19:09,275 --> 00:19:11,277
to Derek's house that day.
489
00:19:11,311 --> 00:19:13,780
And this kind of blackout,
490
00:19:13,814 --> 00:19:15,081
had it happened before?
491
00:19:15,115 --> 00:19:16,416
Two other times.
492
00:19:16,449 --> 00:19:19,152
Like half a day
would be a blank.
493
00:19:19,185 --> 00:19:21,622
But your anger
toward the victim,
494
00:19:21,655 --> 00:19:22,856
that you remember?
495
00:19:22,889 --> 00:19:24,591
Definitely.
496
00:19:24,625 --> 00:19:25,792
I think...
497
00:19:25,826 --> 00:19:28,294
he was a vile person.
498
00:19:28,328 --> 00:19:30,363
I'm not defending
my killing him,
499
00:19:30,396 --> 00:19:32,699
but I very much hated him.
500
00:19:32,733 --> 00:19:34,701
I won't pretend otherwise.
501
00:19:34,735 --> 00:19:36,503
Do you remember saying to him
502
00:19:36,537 --> 00:19:38,071
that he should be
put out of his misery?
503
00:19:38,104 --> 00:19:41,174
That was a figure of speech.
504
00:19:41,207 --> 00:19:42,809
I promise you,
505
00:19:42,843 --> 00:19:45,746
I never formed an intent
506
00:19:45,779 --> 00:19:46,713
to kill him
507
00:19:46,747 --> 00:19:48,615
or to become violent.
508
00:19:48,649 --> 00:19:51,151
Whatever happened
in that house...
509
00:19:51,184 --> 00:19:52,018
happened,
510
00:19:53,253 --> 00:19:56,723
but I had to be acting
outside of myself.
511
00:19:58,825 --> 00:20:00,500
If you don't remember,
512
00:20:00,534 --> 00:20:01,968
how can you be sure
you didn't form
513
00:20:02,002 --> 00:20:03,637
a plan that day to kill him?
514
00:20:03,670 --> 00:20:05,972
Because I'm not a murderer,
Mr. Walsh.
515
00:20:07,641 --> 00:20:08,675
Are you a liar?
516
00:20:08,709 --> 00:20:10,310
No.
517
00:20:10,343 --> 00:20:11,812
An honest person?
518
00:20:11,845 --> 00:20:13,213
Yes, I am.
519
00:20:13,246 --> 00:20:14,781
I see.
520
00:20:14,815 --> 00:20:18,652
So the hatred you felt
for your brother-in-law
521
00:20:18,685 --> 00:20:20,654
was because he wouldn't
contribute money
522
00:20:20,687 --> 00:20:22,155
to your husband's care?
523
00:20:22,188 --> 00:20:23,323
That was the main thing,
524
00:20:23,356 --> 00:20:25,559
but he was a bad human being
525
00:20:25,592 --> 00:20:27,393
in many other ways.
526
00:20:27,427 --> 00:20:29,295
So you could never see
yourself loving him,
527
00:20:29,329 --> 00:20:30,296
I guess?
528
00:20:32,198 --> 00:20:34,535
Could you see yourself
making love to him?
529
00:20:38,104 --> 00:20:38,872
You see...
530
00:20:40,140 --> 00:20:42,342
Derek once confided something
to his mother.
531
00:20:42,375 --> 00:20:43,844
I had planned to ask her
on the stand,
532
00:20:43,877 --> 00:20:45,078
but then I thought
533
00:20:45,111 --> 00:20:47,047
how much more exciting
it would be
534
00:20:47,080 --> 00:20:48,214
to ask you.
535
00:20:49,983 --> 00:20:53,253
Did you ever have an affair
with the victim, Mrs. Healy?
536
00:20:57,624 --> 00:20:58,792
Blackout?
537
00:20:58,825 --> 00:21:00,500
No memory of it?
538
00:21:01,434 --> 00:21:05,471
Did you ever have
sexual intercourse
539
00:21:05,506 --> 00:21:07,140
with Derek Healy?
540
00:21:09,843 --> 00:21:11,678
It happened.
541
00:21:11,712 --> 00:21:14,548
WALSH: You just told the jury
you were an honest person.
542
00:21:14,581 --> 00:21:16,983
Is that your idea
of honest behavior
543
00:21:17,017 --> 00:21:18,952
sleeping with your husband's
brother?
544
00:21:18,985 --> 00:21:20,654
Objection!
Did he scorn you?
545
00:21:20,687 --> 00:21:22,122
Your Honor!
Mr. Walsh.
546
00:21:22,155 --> 00:21:24,324
Love or money, money or love,
what was the motive
547
00:21:24,357 --> 00:21:25,358
for murder?
FRUTT: Move to strike.
548
00:21:25,391 --> 00:21:27,327
WILCOX: Mr. Walsh!
549
00:21:29,663 --> 00:21:32,666
(music playing)
550
00:21:46,547 --> 00:21:49,149
FRUTT: Look, technically,
551
00:21:49,182 --> 00:21:50,984
this doesn't affect our defense.
552
00:21:52,085 --> 00:21:54,054
With a psychotic break,
553
00:21:54,087 --> 00:21:55,722
motive isn't in play.
554
00:21:57,423 --> 00:21:58,992
What other--
555
00:21:59,025 --> 00:22:01,868
Let's not kid ourselves.
556
00:22:01,902 --> 00:22:02,803
It matters.
557
00:22:07,674 --> 00:22:09,309
I am so sorry.
558
00:22:15,381 --> 00:22:17,751
It happened three years ago.
559
00:22:17,784 --> 00:22:18,985
I just--
560
00:22:21,622 --> 00:22:24,758
sometimes I would get
so lonely, Kevin.
561
00:22:27,961 --> 00:22:29,295
Well,
562
00:22:30,964 --> 00:22:33,366
I never deluded myself
into thinking that
563
00:22:36,302 --> 00:22:38,338
and I was always afraid
that you'd...
564
00:22:40,206 --> 00:22:42,142
turn to someone else
565
00:22:42,175 --> 00:22:43,844
for what you couldn't get
from me.
566
00:22:47,113 --> 00:22:48,549
To go to him?
567
00:23:05,171 --> 00:23:07,307
Any word?
No.
568
00:23:07,340 --> 00:23:09,309
I persuaded the judge
to let me give a summation,
569
00:23:09,342 --> 00:23:11,612
so we go back in
tomorrow morning.
570
00:23:11,645 --> 00:23:12,879
Summation?
571
00:23:12,913 --> 00:23:14,380
I can't give up on this, Eugene.
572
00:23:14,414 --> 00:23:16,416
Well, how did you
persuade the judge?
573
00:23:19,485 --> 00:23:21,121
Did you go in ex parte?
574
00:23:23,023 --> 00:23:24,357
Yes.
575
00:23:24,390 --> 00:23:26,092
Jamie, you can't do that.
Please don't start with me.
576
00:23:26,126 --> 00:23:27,493
What start?
It's just that you can't do--
577
00:23:27,528 --> 00:23:30,063
I would really appreciate
you not leaning on me right now
578
00:23:30,096 --> 00:23:31,732
and just letting me
finish this closing.
579
00:23:31,765 --> 00:23:32,899
Could you do that?
580
00:23:35,468 --> 00:23:36,803
Are you okay?
581
00:23:44,878 --> 00:23:48,515
(music playing)
582
00:23:48,549 --> 00:23:50,617
MAN: Here you go, sir.
583
00:23:50,651 --> 00:23:52,118
Oh, jeez!
Oh, I'm sorry.
584
00:23:52,152 --> 00:23:54,220
Bobby!
Oh, my God. Sarah?
585
00:23:54,254 --> 00:23:55,288
How are you?
586
00:23:55,321 --> 00:23:56,790
I'm great. You?
587
00:23:56,823 --> 00:23:58,759
Fine, fine.
588
00:23:58,792 --> 00:24:00,133
I thought you left Boston.
589
00:24:00,166 --> 00:24:01,467
Well, I'm back.
590
00:24:01,502 --> 00:24:02,569
D.C. summers were too hot.
591
00:24:02,603 --> 00:24:04,070
I'm at Wickham now,
private practice.
592
00:24:04,104 --> 00:24:05,238
Wickham?
Yes.
593
00:24:05,271 --> 00:24:06,006
Well, that's a good firm.
594
00:24:06,039 --> 00:24:08,074
It is. It is.
595
00:24:08,108 --> 00:24:10,711
Great. Married?
596
00:24:10,744 --> 00:24:12,813
No, no. One day, I hope.
597
00:24:12,846 --> 00:24:15,481
Well, you look...
598
00:24:15,516 --> 00:24:16,517
fabulous.
599
00:24:16,550 --> 00:24:18,819
Thank you.
You do too.
600
00:24:18,852 --> 00:24:21,822
Um, I'm actually running late.
601
00:24:21,855 --> 00:24:23,156
I would love
to catch up sometime.
602
00:24:23,189 --> 00:24:24,558
That'd be great.
603
00:24:25,258 --> 00:24:26,159
Good to see you.
604
00:24:26,192 --> 00:24:27,427
You too.
605
00:24:27,460 --> 00:24:28,428
Yeah.
606
00:24:32,365 --> 00:24:34,267
FRUTT: No prior history
607
00:24:34,300 --> 00:24:36,469
of any violence.
608
00:24:36,503 --> 00:24:38,204
She came home dazed that day
609
00:24:38,238 --> 00:24:41,174
with no memory
of what had happened.
610
00:24:41,207 --> 00:24:43,209
She had had prior blackouts,
611
00:24:43,243 --> 00:24:45,846
and as the medical experts
told you,
612
00:24:45,879 --> 00:24:47,447
she suffered from a syndrome
613
00:24:47,480 --> 00:24:49,683
known as caregiver's burnout.
614
00:24:50,851 --> 00:24:51,985
It broke her.
615
00:24:52,653 --> 00:24:55,121
The daily, overwhelming burden
616
00:24:55,155 --> 00:24:57,658
of having to care
for a quadriplegic
617
00:24:57,691 --> 00:25:00,300
with almost no help, no money,
618
00:25:00,333 --> 00:25:02,903
coupled with a rage
against a man
619
00:25:02,936 --> 00:25:04,470
who refused to help her,
620
00:25:04,505 --> 00:25:06,507
it broke her.
621
00:25:07,608 --> 00:25:09,943
Even Derek Healy's own wife
told you
622
00:25:09,976 --> 00:25:11,311
that when she spoke to Nancy
623
00:25:11,344 --> 00:25:12,646
on the phone that day,
624
00:25:12,679 --> 00:25:15,949
she sounded
like she was going to snap.
625
00:25:15,982 --> 00:25:17,417
Well,
626
00:25:17,450 --> 00:25:18,785
she did snap.
627
00:25:19,920 --> 00:25:22,355
And the trauma
of taking a human life
628
00:25:23,489 --> 00:25:24,891
suppressed her memory.
629
00:25:26,259 --> 00:25:28,595
WALSH: How convenient.
630
00:25:28,629 --> 00:25:30,230
She kills,
631
00:25:30,263 --> 00:25:32,566
forgets she kills,
632
00:25:32,599 --> 00:25:35,435
then lines up
for her inheritance.
633
00:25:35,468 --> 00:25:37,604
Oh, and by the way,
634
00:25:37,638 --> 00:25:39,139
she just happened to have slept
635
00:25:39,172 --> 00:25:42,142
with the guy that she took
the fire poker to.
636
00:25:42,175 --> 00:25:43,209
Come on.
637
00:25:43,243 --> 00:25:45,612
The only person that can support
638
00:25:45,646 --> 00:25:46,947
these memory lapses,
639
00:25:46,980 --> 00:25:48,582
this dazed condition,
640
00:25:48,615 --> 00:25:50,150
is her husband,
641
00:25:50,183 --> 00:25:52,919
the man who also
has a strong motive
642
00:25:52,953 --> 00:25:55,321
to defend his wife,
643
00:25:55,355 --> 00:25:57,924
the man who also profits
from the killing.
644
00:25:58,592 --> 00:26:00,366
Here's what we have.
645
00:26:00,400 --> 00:26:01,535
The defendant
646
00:26:01,568 --> 00:26:03,036
and her ex-lover
647
00:26:03,069 --> 00:26:05,271
argue the day before.
648
00:26:05,305 --> 00:26:06,406
She tells him
649
00:26:06,439 --> 00:26:09,275
he should be put out
of his misery.
650
00:26:09,309 --> 00:26:12,579
She says, "That's the solution."
651
00:26:12,613 --> 00:26:13,814
The next day,
652
00:26:13,847 --> 00:26:15,682
she kills him
653
00:26:15,716 --> 00:26:18,018
knowing she'll inherit.
654
00:26:24,357 --> 00:26:26,960
Exactly, how long
is this summation?
655
00:26:26,993 --> 00:26:29,295
(door closes)
656
00:26:29,329 --> 00:26:30,997
Jamie, it's understandable
657
00:26:31,031 --> 00:26:32,999
for a lawyer to be anxious,
658
00:26:33,033 --> 00:26:35,135
especially a young one,
but this is a motion.
659
00:26:35,168 --> 00:26:37,337
It's not a trial so--
It's a motion to dismiss
660
00:26:37,370 --> 00:26:38,939
and the client is a friend.
661
00:26:38,972 --> 00:26:39,840
And--
662
00:26:43,376 --> 00:26:45,646
I asked before.
663
00:26:45,679 --> 00:26:47,648
I'll ask you again.
664
00:26:47,681 --> 00:26:50,116
Are you okay?
665
00:26:50,150 --> 00:26:51,518
You can talk to me.
666
00:26:51,552 --> 00:26:52,853
It might even help.
667
00:26:52,886 --> 00:26:54,154
I'm fine.
668
00:26:54,187 --> 00:26:55,989
I am anxious, but...
669
00:26:57,423 --> 00:26:58,625
I'm fine.
670
00:27:05,572 --> 00:27:06,773
Okay.
671
00:27:15,481 --> 00:27:17,417
I was date raped once.
672
00:27:17,450 --> 00:27:18,752
Four years ago.
673
00:27:18,785 --> 00:27:20,554
I didn't report it.
674
00:27:20,587 --> 00:27:22,088
I was too afraid of the stigma,
675
00:27:22,122 --> 00:27:24,024
so maybe this case has...
676
00:27:26,827 --> 00:27:27,828
stirred things up a bit.
677
00:27:29,362 --> 00:27:30,330
You didn't report it?
678
00:27:30,363 --> 00:27:32,866
I couldn't even remember
what I said yes to.
679
00:27:33,734 --> 00:27:36,269
So what, he drugged you?
680
00:27:36,302 --> 00:27:37,804
Yes.
681
00:27:37,838 --> 00:27:39,973
So I don't know.
682
00:27:40,006 --> 00:27:42,242
Maybe I'm not being
exactly objective
683
00:27:42,275 --> 00:27:44,845
about this case and if so,
684
00:27:44,878 --> 00:27:46,346
I'm sorry.
685
00:27:46,379 --> 00:27:48,181
Did you go to counseling
for this or--
686
00:27:48,214 --> 00:27:50,183
You're the first person
I've even told.
687
00:27:52,252 --> 00:27:54,721
Don't ask me
why I'm telling you.
688
00:27:54,755 --> 00:27:57,123
Jamie, Lucy works
for rape crisis.
689
00:27:57,157 --> 00:27:59,359
Maybe she can--
I'm past it now, but thank you.
690
00:28:00,466 --> 00:28:01,702
Jamie,
691
00:28:01,735 --> 00:28:03,169
this is something
you need to deal with.
692
00:28:03,203 --> 00:28:04,404
I did deal with it.
693
00:28:04,437 --> 00:28:05,471
I moved on.
694
00:28:05,506 --> 00:28:07,440
Clearly, you haven't.
695
00:28:10,644 --> 00:28:12,813
I need to get to work
on my closing.
696
00:28:14,848 --> 00:28:16,783
I told you this
in confidence, Eugene,
697
00:28:16,817 --> 00:28:18,885
and I'm gonna ask you
to respect it.
698
00:28:40,140 --> 00:28:41,875
FRUTT: There's gonna be some
media floating around.
699
00:28:41,908 --> 00:28:43,510
So why don't you go wait
on that witness room
700
00:28:43,544 --> 00:28:44,611
and we'll find out
what's going on.
701
00:28:44,645 --> 00:28:45,746
Okay.
702
00:28:48,281 --> 00:28:50,183
Ellenor, Jimmy.
703
00:28:51,351 --> 00:28:52,986
How'd you like
my little bombshell?
704
00:28:53,854 --> 00:28:55,856
You're quite pleased
with yourself.
705
00:28:55,889 --> 00:28:57,390
Anyway, we have a verdict.
706
00:28:57,423 --> 00:28:58,324
Excuse me?
707
00:28:58,358 --> 00:28:59,893
11:00 last night.
708
00:28:59,926 --> 00:29:02,202
Jury's coming back
in about an hour.
709
00:29:02,235 --> 00:29:03,837
See you then, I guess.
710
00:29:04,638 --> 00:29:06,272
This isn't good.
711
00:29:06,306 --> 00:29:07,674
No, it isn't.
712
00:29:20,821 --> 00:29:21,722
What's up?
713
00:29:24,324 --> 00:29:25,726
The jury has a verdict.
714
00:29:27,293 --> 00:29:28,895
We'll be called
in about an hour.
715
00:29:35,368 --> 00:29:38,304
(music playing)
716
00:29:40,507 --> 00:29:42,743
(door closes)
717
00:29:42,776 --> 00:29:45,478
BERLUTI:
Look, it means nothing.
718
00:29:45,512 --> 00:29:47,247
They spend so much time
together.
719
00:29:48,915 --> 00:29:51,251
It probably has no relevance
to anything.
720
00:29:55,255 --> 00:29:57,190
BARKER: I still love
the justice department,
721
00:29:57,223 --> 00:29:59,025
but, uh,
722
00:29:59,059 --> 00:30:00,534
I guess I wanna buy
a house one day,
723
00:30:00,567 --> 00:30:02,736
so private practice it was.
724
00:30:02,769 --> 00:30:04,037
Well,
725
00:30:04,070 --> 00:30:05,672
it certainly looks good on you.
726
00:30:05,706 --> 00:30:06,707
Thank you.
727
00:30:10,176 --> 00:30:11,778
Bobby, what's going on?
728
00:30:12,579 --> 00:30:13,479
What do you mean?
729
00:30:13,514 --> 00:30:15,115
Why are we having coffee?
730
00:30:16,316 --> 00:30:17,851
Well, like you said, to...
731
00:30:17,884 --> 00:30:19,452
catch up and--
732
00:30:19,485 --> 00:30:21,555
I see.
733
00:30:21,588 --> 00:30:23,389
Let's catch up then,
how's your marriage?
734
00:30:26,760 --> 00:30:27,961
If you have to think about it,
735
00:30:27,994 --> 00:30:29,062
maybe you shouldn't be
having coffee
736
00:30:29,095 --> 00:30:30,831
with a woman you used
to sleep with.
737
00:30:30,864 --> 00:30:33,099
I didn't mean anything
other than--
738
00:30:35,501 --> 00:30:37,504
I'm very faithful
739
00:30:37,538 --> 00:30:38,872
to my wife.
740
00:30:38,905 --> 00:30:41,374
Uh-huh.
741
00:30:41,407 --> 00:30:43,677
And are you being faithful
to her at this moment?
742
00:30:43,710 --> 00:30:45,211
Yes.
743
00:30:46,513 --> 00:30:48,314
I'm just having coffee,
744
00:30:49,883 --> 00:30:51,918
not with someone
who I used to sleep with,
745
00:30:51,952 --> 00:30:53,186
but...
746
00:30:54,721 --> 00:30:55,656
someone who--
747
00:30:55,689 --> 00:30:57,023
Who what?
748
00:30:58,458 --> 00:31:00,734
Who doesn't seem to mind
my company.
749
00:31:03,269 --> 00:31:04,505
I don't always get that.
750
00:31:04,538 --> 00:31:05,606
Ah.
751
00:31:09,175 --> 00:31:10,376
So I take it your marriage
752
00:31:10,410 --> 00:31:12,646
is important to you.
753
00:31:12,679 --> 00:31:13,914
Very.
754
00:31:14,781 --> 00:31:16,517
Then maybe you should make use
of this free time
755
00:31:16,550 --> 00:31:18,451
and spend it with your wife.
756
00:31:23,524 --> 00:31:26,459
There's no record
of anybody saying anything
757
00:31:26,492 --> 00:31:28,428
or anybody even considering
her status
758
00:31:28,461 --> 00:31:29,563
as a rape victim.
759
00:31:29,596 --> 00:31:30,964
No evidence that it was a factor
760
00:31:30,997 --> 00:31:33,366
in any decision not to hire her.
761
00:31:33,399 --> 00:31:35,802
All we have
is the paper-thin allegation
762
00:31:35,836 --> 00:31:38,238
supported by nothing
763
00:31:38,271 --> 00:31:40,607
that it must have been
because she was raped.
764
00:31:40,641 --> 00:31:42,543
And even if she's right,
765
00:31:42,576 --> 00:31:44,678
even if they could show
she wasn't hired
766
00:31:44,711 --> 00:31:47,480
because she was raped
and they can't,
767
00:31:47,514 --> 00:31:49,716
the law does not recognize
crime victims
768
00:31:49,750 --> 00:31:51,451
as a protected class
for the purpose
769
00:31:51,484 --> 00:31:53,453
of bringing a lawsuit.
770
00:31:53,486 --> 00:31:55,388
Accordingly, Your Honor,
you have no legal choice
771
00:31:55,421 --> 00:31:57,524
but to dismiss this complaint.
772
00:32:09,442 --> 00:32:12,145
Of course there's going to be
no record of it.
773
00:32:12,178 --> 00:32:14,648
No lawyer is ever going
to write down
774
00:32:14,681 --> 00:32:16,082
or say aloud,
775
00:32:16,116 --> 00:32:18,619
"Gee, I really liked her,
but that rape thing."
776
00:32:19,953 --> 00:32:21,722
It's just easier to say,
777
00:32:21,755 --> 00:32:23,123
"I didn't get a good feel."
778
00:32:23,156 --> 00:32:24,424
I agree,
779
00:32:24,457 --> 00:32:26,459
but that's your problem,
counsel.
780
00:32:26,492 --> 00:32:28,128
Interviews are just that
781
00:32:28,161 --> 00:32:29,763
getting a feel for a person.
782
00:32:29,796 --> 00:32:31,364
They're not scientific.
783
00:32:31,397 --> 00:32:33,499
And prospective employers
can reject a candidate
784
00:32:33,534 --> 00:32:34,668
for a whole host of reasons.
785
00:32:34,701 --> 00:32:37,103
But being raped
is not one of them.
786
00:32:37,137 --> 00:32:38,572
Says who?
787
00:32:38,605 --> 00:32:39,940
As Mr. Hall points out,
788
00:32:39,973 --> 00:32:41,575
there's no special protection
789
00:32:41,608 --> 00:32:42,843
for crime victims.
790
00:32:42,876 --> 00:32:45,445
But if she was perceived
as being sexually damaged--
791
00:32:45,478 --> 00:32:46,446
Where's the showing of that?
792
00:32:46,479 --> 00:32:47,681
If allowed to conduct discovery,
793
00:32:47,714 --> 00:32:48,782
I could make a showing.
794
00:32:48,815 --> 00:32:50,383
Ms. Stringer,
795
00:32:50,416 --> 00:32:53,153
it's tough enough
to fire a person in this country
796
00:32:53,186 --> 00:32:55,388
without being subjected
to a lawsuit.
797
00:32:55,421 --> 00:32:56,957
Now, you're asking me to create
798
00:32:56,990 --> 00:32:59,125
a brand new cause of action
799
00:32:59,159 --> 00:33:00,867
for those people
not even hired yet.
800
00:33:00,901 --> 00:33:02,869
And it's hard enough
to be raped
801
00:33:02,903 --> 00:33:05,572
without then having to endure
a stigma.
802
00:33:06,306 --> 00:33:09,375
Rape victims
are still perceived of as angry,
803
00:33:09,409 --> 00:33:11,344
damaged, less than.
804
00:33:11,377 --> 00:33:14,114
As a result,
women are encouraged by society
805
00:33:14,147 --> 00:33:16,583
to keep it to themselves,
and for God sakes,
806
00:33:16,617 --> 00:33:18,552
don't talk about it.
807
00:33:18,585 --> 00:33:21,187
Andrea Cote is a rape survivor.
808
00:33:21,888 --> 00:33:23,724
And one of the ways
she's survived
809
00:33:23,757 --> 00:33:25,626
is by talking about it.
810
00:33:25,659 --> 00:33:28,394
She shouldn't have to stay
in a closet.
811
00:33:28,428 --> 00:33:30,263
A woman is forcibly raped
812
00:33:30,296 --> 00:33:32,398
every six minutes
in this country.
813
00:33:32,432 --> 00:33:33,700
Let me say it again.
814
00:33:33,734 --> 00:33:35,969
Every six minutes.
815
00:33:36,002 --> 00:33:36,870
You're getting off track.
816
00:33:36,903 --> 00:33:38,404
No, I'm not!
817
00:33:38,438 --> 00:33:39,172
Jamie.
818
00:33:45,779 --> 00:33:49,115
There are a lot
of rape survivors out there.
819
00:33:49,149 --> 00:33:50,951
They're beginning
to constitute
820
00:33:50,984 --> 00:33:53,554
a significant portion
of our society,
821
00:33:53,587 --> 00:33:54,821
and...
822
00:33:59,826 --> 00:34:02,202
we're out there.
823
00:34:05,138 --> 00:34:06,540
We're all around you.
824
00:34:08,642 --> 00:34:10,511
But we stay quiet
825
00:34:10,544 --> 00:34:13,279
and things stay a secret
826
00:34:13,313 --> 00:34:16,517
because there's
an implied pressure, uh...
827
00:34:18,919 --> 00:34:20,486
don't talk about it.
828
00:34:20,521 --> 00:34:21,688
Well,
829
00:34:24,124 --> 00:34:26,326
we're out there.
830
00:34:26,359 --> 00:34:27,861
You seem
to be getting emotional,
831
00:34:31,064 --> 00:34:32,933
if you can make
a legal argument...
832
00:34:36,436 --> 00:34:37,771
My legal argument
833
00:34:37,804 --> 00:34:40,306
would be public policy.
834
00:34:40,340 --> 00:34:42,943
This country spends
millions of tax dollars
835
00:34:42,976 --> 00:34:44,845
on rape prevention,
836
00:34:44,878 --> 00:34:47,814
medical facilities,
rape crisis units.
837
00:34:47,848 --> 00:34:49,983
We pass rape shield laws.
838
00:34:50,016 --> 00:34:52,786
We have rape victims' funds.
839
00:34:52,819 --> 00:34:55,622
We have a public policy
840
00:34:55,656 --> 00:34:57,558
to integrate rape survivors
841
00:34:57,591 --> 00:34:58,959
into society
842
00:34:58,992 --> 00:35:00,500
to make them whole.
843
00:35:02,569 --> 00:35:05,438
Not hiring someone
because she was raped
844
00:35:05,471 --> 00:35:08,074
violates that public policy,
845
00:35:08,108 --> 00:35:09,342
and accordingly,
846
00:35:09,375 --> 00:35:11,044
affords my client
847
00:35:11,077 --> 00:35:13,046
a cause of action.
848
00:35:24,457 --> 00:35:27,393
(music playing)
849
00:35:36,770 --> 00:35:38,304
Two things,
850
00:35:38,338 --> 00:35:39,640
first,
851
00:35:39,673 --> 00:35:41,675
you argued an excellent case.
852
00:35:41,708 --> 00:35:43,243
Your legal analysis was strong.
853
00:35:43,276 --> 00:35:44,811
Who knows,
854
00:35:44,845 --> 00:35:47,113
you may even get the judge
to recognize rape victims
855
00:35:47,147 --> 00:35:48,381
as a status class.
856
00:35:51,317 --> 00:35:52,452
Second,
857
00:35:56,289 --> 00:35:58,959
Jamie,
858
00:35:58,992 --> 00:36:00,601
you need to recognize yourself
859
00:36:00,634 --> 00:36:02,803
as a rape victim.
860
00:36:02,836 --> 00:36:04,705
Like the judge said,
your emotion
861
00:36:04,738 --> 00:36:06,507
was all over that room.
862
00:36:06,540 --> 00:36:08,208
This thing--
863
00:36:10,376 --> 00:36:11,578
talk to Lucy.
864
00:36:21,922 --> 00:36:23,690
(door opens)
865
00:36:23,724 --> 00:36:25,125
KEVIN: Time to go?
866
00:36:25,158 --> 00:36:26,760
No. We still have a few minutes.
867
00:36:32,999 --> 00:36:34,100
I figured it out.
868
00:36:35,802 --> 00:36:36,970
Nancy,
869
00:36:37,003 --> 00:36:39,239
her feeling of being drugged.
870
00:36:39,272 --> 00:36:41,107
She was drugged.
871
00:36:41,141 --> 00:36:43,176
She slept through the day.
872
00:36:43,209 --> 00:36:45,411
You made the phone call to Lori.
873
00:36:45,445 --> 00:36:47,681
Lori drove over,
drove Nancy's car back,
874
00:36:47,714 --> 00:36:49,616
pulled into the garage.
875
00:36:49,650 --> 00:36:51,618
She kills her husband,
876
00:36:51,652 --> 00:36:53,353
dabs Nancy's shoe in the blood,
877
00:36:53,386 --> 00:36:55,121
and drives back.
878
00:36:55,155 --> 00:36:58,124
Nancy wakes, has no memory
of what happened.
879
00:36:58,158 --> 00:36:59,926
You tell her
she's been out somewhere.
880
00:36:59,960 --> 00:37:02,569
Nancy eventually believes it
881
00:37:02,602 --> 00:37:04,403
because she knows
she's had blackouts before
882
00:37:04,437 --> 00:37:05,739
on other occasions
883
00:37:05,772 --> 00:37:07,507
where you've drugged her.
884
00:37:07,541 --> 00:37:08,875
And when Nancy made the threat
885
00:37:08,908 --> 00:37:11,244
about putting him
out of his misery,
886
00:37:11,277 --> 00:37:13,780
the timing was perfect.
887
00:37:13,813 --> 00:37:15,281
Do it the next day.
888
00:37:19,219 --> 00:37:21,855
And how would you propose
that I drugged her
889
00:37:21,888 --> 00:37:24,357
when I can't even move my hands?
890
00:37:24,390 --> 00:37:26,760
Sedatives on my lips?
891
00:37:26,793 --> 00:37:28,829
Lori took care of that
when she made the coffee
892
00:37:28,862 --> 00:37:31,097
the night before.
893
00:37:31,131 --> 00:37:32,432
Well,
894
00:37:32,465 --> 00:37:35,669
if this fantastic tale
were true,
895
00:37:35,702 --> 00:37:38,104
why would I then participate
in my wife's defense
896
00:37:38,138 --> 00:37:39,673
and...
897
00:37:39,706 --> 00:37:41,508
testify on her behalf at trial?
898
00:37:41,542 --> 00:37:43,544
Because either you felt a need
899
00:37:43,577 --> 00:37:45,145
to play your part
to the fullest
900
00:37:45,178 --> 00:37:47,247
or you really don't want
901
00:37:47,280 --> 00:37:49,182
Nancy in jail.
902
00:37:49,215 --> 00:37:51,117
The only goal
was to kill your brother
903
00:37:51,151 --> 00:37:52,586
and get away with it.
904
00:37:55,956 --> 00:37:57,490
You make me sound villainous.
905
00:37:59,926 --> 00:38:02,202
Wheelchair-bound people
are victims.
906
00:38:03,804 --> 00:38:04,871
We're weak.
907
00:38:04,905 --> 00:38:06,072
You know that.
908
00:38:08,174 --> 00:38:10,777
FRUTT: Here's the problem,
Kevin.
909
00:38:10,811 --> 00:38:12,813
If Nancy gets convicted,
910
00:38:12,846 --> 00:38:15,215
which is a real possibility,
911
00:38:15,248 --> 00:38:16,583
she's going away for life,
912
00:38:16,617 --> 00:38:19,119
and I won't be able to undo it.
913
00:38:19,152 --> 00:38:20,754
So the question is,
914
00:38:20,787 --> 00:38:23,990
"How villainous are you?"
915
00:38:24,024 --> 00:38:26,760
Gonna let your wife
go away, Kevin,
916
00:38:26,793 --> 00:38:28,795
after all she's done for you?
917
00:38:28,829 --> 00:38:31,264
All she's done?
918
00:38:31,297 --> 00:38:32,432
She cheated on me.
919
00:38:35,235 --> 00:38:38,204
Anyway, she's not going
to go away
920
00:38:39,540 --> 00:38:42,342
because you're a wonderful
attorney, Ellenor,
921
00:38:43,476 --> 00:38:45,546
and you've just tried
a splendid case.
922
00:38:47,614 --> 00:38:49,182
Don't sell yourself short.
923
00:38:49,215 --> 00:38:51,484
(knocks on door)
(door opens)
924
00:38:52,185 --> 00:38:53,286
The jury's coming in.
925
00:38:55,956 --> 00:38:58,892
(music playing)
926
00:39:13,980 --> 00:39:15,281
Madam foreperson,
927
00:39:15,315 --> 00:39:16,783
the jury has reached a verdict?
928
00:39:16,817 --> 00:39:18,184
We have, Your Honor.
929
00:39:18,218 --> 00:39:19,786
Will the defendant please rise?
930
00:39:22,188 --> 00:39:23,423
What say you?
931
00:39:23,456 --> 00:39:26,426
In the matter of the
Commonwealth versus Nancy Healy
932
00:39:26,459 --> 00:39:27,761
on the charge of murder
933
00:39:27,794 --> 00:39:29,563
in the second degree,
934
00:39:29,596 --> 00:39:31,164
we find the defendant,
935
00:39:31,197 --> 00:39:32,766
Nancy Healy,
936
00:39:32,799 --> 00:39:34,234
guilty.
937
00:39:34,267 --> 00:39:35,301
WILCOX: The jury is dismissed
938
00:39:35,335 --> 00:39:36,737
with the thanks of the court.
939
00:39:36,770 --> 00:39:37,771
We're adjourned.
940
00:39:37,804 --> 00:39:39,139
(gavel bangs)
941
00:39:44,645 --> 00:39:46,346
FRUTT: I'm sorry.
942
00:39:46,379 --> 00:39:49,082
We'll start pursuing appeals.
943
00:39:49,115 --> 00:39:50,316
NANCY: Okay.
944
00:39:50,350 --> 00:39:53,119
KEVIN: I'm so sorry, honey.
945
00:39:53,153 --> 00:39:55,288
Who's gonna take care of you?
946
00:39:55,321 --> 00:39:56,923
I'll be okay.
947
00:39:58,959 --> 00:40:00,366
OFFICER: This way, ma'am.
948
00:40:05,639 --> 00:40:07,207
FRUTT: Nancy is my client.
949
00:40:08,474 --> 00:40:10,511
I can go to the police
with my theory.
950
00:40:10,544 --> 00:40:11,978
Please do.
951
00:40:12,012 --> 00:40:14,347
I'm sure they'll be
as entertained by it as I was.
952
00:40:20,754 --> 00:40:23,690
(music playing)
953
00:40:38,071 --> 00:40:39,139
Where is everyone?
954
00:40:40,206 --> 00:40:41,207
Lunch.
955
00:40:42,408 --> 00:40:44,711
Well, then I guess I'll go eat.
956
00:40:44,745 --> 00:40:46,112
You want me
to pick you up something?
957
00:40:46,146 --> 00:40:47,413
No, thanks.
958
00:40:49,015 --> 00:40:50,350
Want to...
959
00:40:51,685 --> 00:40:52,819
go to lunch?
960
00:40:52,853 --> 00:40:55,656
Uh, I would love to,
961
00:40:55,689 --> 00:40:57,123
but if someone isn't here
to watch the phones,
962
00:40:57,157 --> 00:40:59,092
Eugene gives birth.
963
00:41:00,093 --> 00:41:01,101
Okay.
964
00:41:10,511 --> 00:41:12,245
Lucy, could I talk to you
for a second?
965
00:41:13,379 --> 00:41:14,615
Yeah, sure.
966
00:41:23,156 --> 00:41:24,891
Well, uh--
967
00:41:24,925 --> 00:41:26,426
(telephone rings)
968
00:41:26,459 --> 00:41:28,194
Uh, one second.
969
00:41:29,162 --> 00:41:30,096
Donnell, Young, and Frutt.
970
00:41:32,999 --> 00:41:35,602
Uh-huh.
971
00:41:35,636 --> 00:41:37,237
Thank you.
972
00:41:38,404 --> 00:41:40,340
That was the clerk's office.
973
00:41:41,141 --> 00:41:42,375
You won your motion.
974
00:41:42,909 --> 00:41:43,777
What?
975
00:41:43,810 --> 00:41:46,212
Motion to dismiss was denied.
976
00:41:49,382 --> 00:41:51,818
Oh, wow.
977
00:41:51,852 --> 00:41:54,788
Congratulations.
978
00:41:54,821 --> 00:41:56,056
What did you wanna talk about?
979
00:41:58,058 --> 00:41:59,893
Well, I--
980
00:42:03,504 --> 00:42:04,671
it--
981
00:42:07,608 --> 00:42:08,709
Are you okay?
982
00:42:12,813 --> 00:42:13,847
What's wrong?
983
00:42:15,649 --> 00:42:17,050
Um...
984
00:42:20,286 --> 00:42:21,487
nothing.
985
00:42:23,824 --> 00:42:25,025
It was a...
986
00:42:28,194 --> 00:42:29,362
big case.
987
00:42:47,380 --> 00:42:52,018
(music playing)
988
00:43:13,780 --> 00:43:14,781
WOMAN: You stinker!
989
00:43:14,881 --> 00:43:17,584
(music playing)
65645
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