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1
00:00:03,136 --> 00:00:05,772
When you say
you have feelings for her,
2
00:00:09,342 --> 00:00:12,112
are you in love with her?
3
00:00:13,580 --> 00:00:14,515
No.
4
00:00:15,782 --> 00:00:17,551
Not at all.
5
00:00:17,584 --> 00:00:20,153
But I might see her again,
6
00:00:21,922 --> 00:00:23,056
and I didn't want you
to hear it
7
00:00:23,089 --> 00:00:24,858
at the office.
8
00:00:24,891 --> 00:00:27,493
I thought it should come
from me.
9
00:00:30,864 --> 00:00:32,432
Have you two slept together?
10
00:00:33,834 --> 00:00:36,302
(music playing)
11
00:00:36,903 --> 00:00:37,904
(sighs)
12
00:00:40,140 --> 00:00:41,474
Unbelievable.
13
00:00:41,508 --> 00:00:43,009
DONNELL: Look, I don't think
it's a good idea
14
00:00:43,043 --> 00:00:44,110
for us to talk about--
15
00:00:44,144 --> 00:00:45,779
What are we talking about, then?
16
00:00:45,812 --> 00:00:47,948
DONNELL: Lindsay,
17
00:00:47,981 --> 00:00:50,651
whatever our future will be,
18
00:00:50,684 --> 00:00:52,018
if we stop communicating--
19
00:00:52,052 --> 00:00:53,920
Can I stop you for a second?
20
00:00:53,954 --> 00:00:55,756
You and I have no future.
21
00:00:57,891 --> 00:01:01,067
I appreciate you taking me
off the hook here.
22
00:01:01,101 --> 00:01:03,369
But I was beginning
to feel like the bad guy,
23
00:01:03,403 --> 00:01:05,405
but now I don't.
24
00:01:05,438 --> 00:01:07,440
I can pursue what I want
25
00:01:07,473 --> 00:01:09,308
with a much lighter heart,
26
00:01:10,443 --> 00:01:12,345
and what I want...
27
00:01:12,378 --> 00:01:13,213
is a divorce.
28
00:01:16,082 --> 00:01:18,418
You might think
I'm acting out of hurt
29
00:01:18,451 --> 00:01:20,921
or pride,
30
00:01:20,954 --> 00:01:23,089
but this isn't that.
31
00:01:23,123 --> 00:01:24,558
I'm not speaking
from wound,
32
00:01:24,591 --> 00:01:26,092
but rather from a reflective
33
00:01:26,126 --> 00:01:29,530
and reasoned clarity.
34
00:01:29,563 --> 00:01:32,833
If you've never believed
anything I've told you,
35
00:01:32,866 --> 00:01:35,702
please, believe this.
36
00:01:36,803 --> 00:01:38,872
I do not wish to live
my life with you,
37
00:01:39,873 --> 00:01:40,841
not now,
38
00:01:40,874 --> 00:01:43,209
not a month from now,
39
00:01:43,243 --> 00:01:44,044
not ever.
40
00:01:53,086 --> 00:01:56,322
(music playing)
41
00:02:43,544 --> 00:02:44,778
They're divorcing?
42
00:02:44,811 --> 00:02:45,812
HATCHER: That's the word.
43
00:02:45,846 --> 00:02:46,813
WASHINGTON:
Where'd you get this word?
44
00:02:46,847 --> 00:02:47,748
From Bobby.
45
00:02:47,781 --> 00:02:48,615
He called in
46
00:02:48,649 --> 00:02:49,850
and said if the papers
got delivered,
47
00:02:49,883 --> 00:02:50,884
I can accept.
48
00:02:50,917 --> 00:02:52,052
BERLUTI: They just separated.
49
00:02:52,085 --> 00:02:54,187
How--
It's probably that slut's idea.
50
00:02:54,220 --> 00:02:56,022
Talking about me, Rebecca?
51
00:02:57,558 --> 00:02:59,560
You? No!
52
00:02:59,593 --> 00:03:00,967
I was talking about--
53
00:03:02,468 --> 00:03:03,870
A different slut.
54
00:03:04,671 --> 00:03:05,772
(chuckles)
55
00:03:09,442 --> 00:03:10,811
DOLE: Jimmy,
56
00:03:10,844 --> 00:03:12,613
I have some depositions
scheduled today
57
00:03:12,646 --> 00:03:15,415
on a negligence claim
that, uh...
58
00:03:15,448 --> 00:03:17,751
I'm not really up
to doing them.
59
00:03:19,119 --> 00:03:20,453
If I get you up to speed,
60
00:03:20,486 --> 00:03:21,822
could you cover for me?
61
00:03:23,724 --> 00:03:24,825
Sure.
62
00:03:25,759 --> 00:03:26,693
I'll get the file.
63
00:03:31,197 --> 00:03:32,766
She is 9 months pregnant!
64
00:03:32,799 --> 00:03:34,701
Her due date
isn't until June 5th.
65
00:03:34,735 --> 00:03:36,169
This will be
a three-day trial.
66
00:03:36,202 --> 00:03:38,705
And what happens if she goes
into labor the first day?
67
00:03:38,739 --> 00:03:41,074
Is there a reason you don't
wanna wait a month, Mr. Young?
68
00:03:41,107 --> 00:03:42,643
Of course there's a reason.
69
00:03:42,676 --> 00:03:43,810
He wants the jury to see
70
00:03:43,844 --> 00:03:45,045
a pregnant mother-to-be
71
00:03:45,078 --> 00:03:46,146
instead of a murderer.
72
00:03:46,179 --> 00:03:47,413
He's probably instructed her
73
00:03:47,447 --> 00:03:48,849
to give birth
during the closings.
74
00:03:48,882 --> 00:03:50,517
KITTLESON:
Yes, thank you for that.
75
00:03:50,551 --> 00:03:52,553
Since I addressed
my question to Mr. Young,
76
00:03:52,586 --> 00:03:54,921
maybe we could let him answer.
77
00:03:54,955 --> 00:03:55,722
YOUNG: For the record,
78
00:03:55,756 --> 00:03:57,824
I advised my client to postpone.
79
00:03:57,858 --> 00:03:58,892
She doesn't want to.
80
00:03:58,925 --> 00:04:00,934
She has a right
to a speedy trial,
81
00:04:00,967 --> 00:04:01,935
and that's what she wants.
82
00:04:02,468 --> 00:04:04,605
Mrs. Neilson, why?
83
00:04:08,509 --> 00:04:09,710
I wanna put this trial
84
00:04:09,743 --> 00:04:11,512
behind me, Your Honor.
85
00:04:11,545 --> 00:04:12,679
When I have my baby,
86
00:04:12,713 --> 00:04:15,048
I want everything else over.
87
00:04:15,081 --> 00:04:16,382
What about the stress?
88
00:04:16,416 --> 00:04:18,184
This is not traffic court.
89
00:04:18,218 --> 00:04:20,887
You are being charged
with first-degree murder.
90
00:04:20,921 --> 00:04:23,256
Your own doctor is saying,
"Let's wait."
91
00:04:23,289 --> 00:04:24,891
Well, I'm of sound mind,
92
00:04:24,925 --> 00:04:26,226
so any medical decision
93
00:04:26,259 --> 00:04:27,093
would be mine.
94
00:04:27,127 --> 00:04:29,896
And it's your choice
to go forward now?
95
00:04:29,930 --> 00:04:32,065
Yes, Your Honor.
96
00:04:32,098 --> 00:04:33,900
I want this ordeal over with.
97
00:04:37,003 --> 00:04:38,638
Okay, then.
98
00:04:38,672 --> 00:04:39,673
Let's bring in the jury.
99
00:04:44,845 --> 00:04:46,813
Jimmy Berluti?
DOLE: Claire...
100
00:04:46,847 --> 00:04:48,448
He isn't even in this firm.
101
00:04:48,481 --> 00:04:49,550
Please don't start with me now.
102
00:04:49,583 --> 00:04:50,917
CLAIRE: I'm just saying--
DOLE: You're upset
103
00:04:50,951 --> 00:04:51,885
that I didn't
let you run with it.
104
00:04:51,918 --> 00:04:52,619
I understand.
105
00:04:53,286 --> 00:04:54,521
I'd like to know why.
106
00:04:55,956 --> 00:04:58,024
You're too green, okay?
107
00:04:58,058 --> 00:04:59,560
The case could turn
on these depositions,
108
00:04:59,593 --> 00:05:01,434
and it could be malpractice
for me to vest it
109
00:05:01,467 --> 00:05:03,103
with an attorney
just out of law school,
110
00:05:03,804 --> 00:05:04,705
and if that hurts,
111
00:05:04,738 --> 00:05:06,940
well, hurt happens.
112
00:05:08,575 --> 00:05:10,476
Just give Jimmy whatever
backup he needs,
113
00:05:10,511 --> 00:05:11,477
and if you need to reach me,
114
00:05:11,512 --> 00:05:12,713
I'll be
at Nancy Decker's office.
115
00:05:12,746 --> 00:05:15,181
Nancy Decker,
the divorce lawyer?
116
00:05:15,215 --> 00:05:16,116
Yes.
117
00:05:19,820 --> 00:05:20,787
Ms. Dole.
118
00:05:20,821 --> 00:05:22,856
I'm sorry.
I can't talk now.
119
00:05:22,889 --> 00:05:24,157
Don't we have a meeting?
120
00:05:24,190 --> 00:05:26,159
I'll be handling it.
121
00:05:28,094 --> 00:05:29,095
Hi, Virginia.
122
00:05:29,129 --> 00:05:30,731
How are you today?
123
00:05:30,764 --> 00:05:32,566
NAOMI: Don't we have
depositions?
124
00:05:32,599 --> 00:05:34,200
Yes, I'll be doing them.
125
00:05:34,234 --> 00:05:36,369
You? What happened to Lindsay?
126
00:05:36,402 --> 00:05:37,838
Ms. Carter,
127
00:05:37,871 --> 00:05:39,005
everything's in good hands.
128
00:05:39,039 --> 00:05:40,273
You need not worry.
129
00:05:40,306 --> 00:05:42,408
We also have Jimmy Berluti,
another attorney,
130
00:05:42,442 --> 00:05:43,577
joining us for the deposition,
131
00:05:43,610 --> 00:05:44,911
so we are in excellent shape.
132
00:05:50,884 --> 00:05:51,985
McGUIRE: At the time I arrived,
133
00:05:52,018 --> 00:05:53,086
the uniform officers
134
00:05:53,119 --> 00:05:54,688
already had the defendant
in custody.
135
00:05:54,721 --> 00:05:56,923
Could you tell the jury
your observations
136
00:05:56,957 --> 00:05:58,391
of the scene, detective?
137
00:05:58,424 --> 00:06:00,466
There was blood
spattered everywhere,
138
00:06:00,501 --> 00:06:02,435
the ceiling,
the walls,
139
00:06:02,468 --> 00:06:03,236
on the toaster.
140
00:06:03,269 --> 00:06:04,805
KUPCHECK:
Did the spatter pattern
141
00:06:04,838 --> 00:06:06,039
suggest anything to you?
142
00:06:06,072 --> 00:06:09,475
The victim was shot
at point-blank range six times.
143
00:06:09,510 --> 00:06:10,844
Several of those shots
were fired
144
00:06:10,877 --> 00:06:12,746
after the victim
was on the ground,
145
00:06:12,779 --> 00:06:13,647
helpless.
146
00:06:14,147 --> 00:06:15,148
Did you have an opportunity
147
00:06:15,181 --> 00:06:16,617
to speak with the defendant,
148
00:06:16,650 --> 00:06:18,719
Carrie Neilson?
McGUIRE: Yes.
149
00:06:18,752 --> 00:06:19,853
She confessed
to the shooting,
150
00:06:19,886 --> 00:06:21,421
as she had on the 911 tape.
151
00:06:21,454 --> 00:06:22,923
And what was her demeanor
152
00:06:22,956 --> 00:06:24,758
as she confessed
this crime to you?
153
00:06:24,791 --> 00:06:26,660
Calm, detached,
154
00:06:26,693 --> 00:06:28,895
without remorse.
155
00:06:28,929 --> 00:06:30,597
This was not
a woman in distress.
156
00:06:32,132 --> 00:06:34,601
STRINGER: Did she say
why she shot her husband?
157
00:06:34,635 --> 00:06:36,770
She said
he was physically abusive
158
00:06:36,803 --> 00:06:37,904
and she was concerned
for the health
159
00:06:37,938 --> 00:06:38,939
of her unborn child.
160
00:06:38,972 --> 00:06:41,074
In fact, she said
she was afraid her husband
161
00:06:41,107 --> 00:06:42,743
would kill the child.
162
00:06:42,776 --> 00:06:44,077
Objection to the word "child"
163
00:06:44,110 --> 00:06:45,211
at the time of the shooting,
164
00:06:45,245 --> 00:06:46,412
this was a two-month fetus,
165
00:06:46,446 --> 00:06:47,548
not a child--
STRINGER: I asked the witness
166
00:06:47,581 --> 00:06:48,649
what the defendant said.
167
00:06:48,682 --> 00:06:50,483
The word she used
was "child,"
168
00:06:50,517 --> 00:06:51,618
was it not, detective?
169
00:06:51,652 --> 00:06:52,485
Yes.
170
00:06:52,519 --> 00:06:54,220
The objection is overruled.
171
00:06:54,254 --> 00:06:55,989
STRINGER: The six shots,
172
00:06:56,022 --> 00:06:57,691
they were fired
from an automatic
173
00:06:57,724 --> 00:06:58,659
in rapid succession,
174
00:06:58,692 --> 00:06:59,492
isn't that right?
175
00:06:59,526 --> 00:07:01,067
They appear to have been, yes.
176
00:07:01,101 --> 00:07:02,503
Within two to three seconds?
177
00:07:02,536 --> 00:07:03,970
Probably.
178
00:07:04,004 --> 00:07:04,838
STRINGER: And detective,
179
00:07:04,871 --> 00:07:06,707
have you ever encountered
a situation
180
00:07:06,740 --> 00:07:08,408
in which a person
under attack
181
00:07:08,441 --> 00:07:11,144
keeps shooting even
after the attack is over?
182
00:07:11,177 --> 00:07:13,479
Yes--
STRINGER: So it's possible
183
00:07:13,514 --> 00:07:15,782
my client fired off
the first shot or two
184
00:07:15,816 --> 00:07:17,818
in defense of her unborn child
185
00:07:17,851 --> 00:07:19,620
and just kept
squeezing the trigger
186
00:07:19,653 --> 00:07:20,554
while still in shock.
187
00:07:20,587 --> 00:07:21,822
That's possible,
188
00:07:21,855 --> 00:07:23,256
isn't it, detective?
189
00:07:23,289 --> 00:07:25,325
Anything's possible, counsel.
190
00:07:29,195 --> 00:07:30,731
If at any time
you get confused,
191
00:07:30,764 --> 00:07:32,498
you just tell me, okay,
Virginia?
192
00:07:32,533 --> 00:07:34,300
Okay.
193
00:07:34,334 --> 00:07:36,369
And you understand
I represent White Oaks,
194
00:07:36,402 --> 00:07:37,538
the apartment complex
195
00:07:37,571 --> 00:07:40,073
where you live, right?
Yes.
196
00:07:40,106 --> 00:07:41,174
SLOAN:
Did your lawyers tell you
197
00:07:41,207 --> 00:07:42,375
I'd be against you?
198
00:07:43,043 --> 00:07:44,010
Yeah.
199
00:07:44,044 --> 00:07:45,211
SLOAN: Well,
200
00:07:45,245 --> 00:07:46,947
I'll try not to be a big meanie.
201
00:07:48,148 --> 00:07:50,784
Really, I just wanna
find out what happened.
202
00:07:51,918 --> 00:07:54,087
Now, this happened
at a party, right?
203
00:07:54,120 --> 00:07:55,889
Yes,
204
00:07:55,922 --> 00:07:57,658
we were having
a birthday party.
205
00:07:57,691 --> 00:07:58,659
Your birthday?
206
00:07:59,159 --> 00:07:59,793
Yeah.
207
00:07:59,826 --> 00:08:00,901
How old?
208
00:08:00,934 --> 00:08:02,035
Ten.
209
00:08:02,068 --> 00:08:03,169
Ten?
210
00:08:03,203 --> 00:08:04,437
Wow.
211
00:08:04,470 --> 00:08:05,606
That's a big one.
212
00:08:05,639 --> 00:08:07,040
I bet you were really excited.
213
00:08:07,073 --> 00:08:08,241
Yeah.
214
00:08:08,274 --> 00:08:10,577
Know how old I am?
215
00:08:10,611 --> 00:08:11,311
A hundred.
216
00:08:11,344 --> 00:08:13,079
(chuckles)
217
00:08:15,616 --> 00:08:17,518
Some of the guests
said you were jumping
218
00:08:17,551 --> 00:08:19,185
on the balcony,
219
00:08:19,219 --> 00:08:20,120
is that right?
220
00:08:20,987 --> 00:08:21,855
Yes.
221
00:08:21,888 --> 00:08:23,223
And were you also jumping
222
00:08:23,256 --> 00:08:24,891
against the rail, Virginia?
223
00:08:25,391 --> 00:08:26,727
It just broke.
224
00:08:27,628 --> 00:08:29,295
You must have been so scared.
225
00:08:30,463 --> 00:08:31,565
I was.
226
00:08:31,598 --> 00:08:34,000
Do you remember where
your mom was when you fell?
227
00:08:36,102 --> 00:08:37,838
I think in the kitchen.
228
00:08:43,309 --> 00:08:44,144
First of all,
229
00:08:44,177 --> 00:08:45,746
I'm not a divorce lawyer, Bobby.
230
00:08:45,779 --> 00:08:47,247
That's a whole different
breed of bug.
231
00:08:47,280 --> 00:08:50,283
And second, even if I were,
I'm a little too close.
232
00:08:50,316 --> 00:08:51,885
DONNELL: It's not going
to be complicated
233
00:08:51,918 --> 00:08:53,219
or even contested.
234
00:08:53,253 --> 00:08:55,188
I just wanna get it done.
235
00:08:55,221 --> 00:08:56,690
FRUTT: Speaking professionally,
236
00:08:56,723 --> 00:08:58,525
I don't think
that's a sound approach,
237
00:08:58,559 --> 00:08:59,760
and speaking personally,
238
00:08:59,793 --> 00:09:01,167
I'm offended by it.
239
00:09:01,968 --> 00:09:03,904
You have a son.
240
00:09:03,937 --> 00:09:05,271
You both have a duty
241
00:09:05,305 --> 00:09:06,773
to explore reconciliation.
242
00:09:06,807 --> 00:09:08,208
How could you possibly
243
00:09:08,241 --> 00:09:09,810
prioritize expediency over--
244
00:09:09,843 --> 00:09:11,477
I'm not asking you
to interfere
245
00:09:11,512 --> 00:09:12,478
with my life, Ellenor.
Since--
246
00:09:12,513 --> 00:09:13,814
I am in your life, Bobby!
247
00:09:13,847 --> 00:09:15,181
So is Rebecca!
So is everybody else
248
00:09:15,215 --> 00:09:16,082
in this office!
249
00:09:16,116 --> 00:09:18,218
Whether you want us in
is beside the point.
250
00:09:18,251 --> 00:09:19,920
I don't.
FRUTT: Well, we are!
251
00:09:19,953 --> 00:09:22,856
(music playing)
252
00:09:23,990 --> 00:09:25,826
And as your friend,
253
00:09:25,859 --> 00:09:27,528
as a parent myself,
254
00:09:27,561 --> 00:09:29,495
I am telling you,
255
00:09:29,530 --> 00:09:31,532
go get your hands dirty
256
00:09:31,565 --> 00:09:32,766
in therapy before--
257
00:09:32,799 --> 00:09:34,568
It's her, okay?
258
00:09:35,335 --> 00:09:36,970
Lindsay's mind is made up.
259
00:09:37,003 --> 00:09:38,805
She's immovable.
260
00:09:38,839 --> 00:09:40,574
Given that,
the best way to spare my son
261
00:09:40,607 --> 00:09:42,475
is to get it done.
262
00:09:45,646 --> 00:09:47,247
Is there going to be
a custody issue?
263
00:09:47,280 --> 00:09:49,650
No, she's taking him weekdays.
264
00:09:49,683 --> 00:09:51,117
I get him weekends.
265
00:09:55,355 --> 00:09:57,691
There's no rule this
has to be messy, you know.
266
00:09:59,059 --> 00:10:01,535
There's gotta be a rule
against it being simple.
267
00:10:12,746 --> 00:10:15,048
I can't believe
you have a murder trial.
268
00:10:15,081 --> 00:10:16,149
STRINGER: Me neither.
269
00:10:16,182 --> 00:10:17,984
Is there a reason
you're on this?
270
00:10:18,018 --> 00:10:19,753
I know you're good,
271
00:10:19,786 --> 00:10:21,021
but still,
272
00:10:21,054 --> 00:10:22,288
a year out of law school?
273
00:10:22,322 --> 00:10:24,625
I think Eugene
wanted a woman on board
274
00:10:24,658 --> 00:10:26,660
since there are implied
275
00:10:26,693 --> 00:10:28,695
Roe V. Wade issues
running through this.
276
00:10:28,729 --> 00:10:29,896
Roe V. Wade?
277
00:10:29,930 --> 00:10:31,397
The fetus wasn't viable
278
00:10:31,431 --> 00:10:33,166
at the time of the shooting.
279
00:10:33,199 --> 00:10:35,869
We're arguing defense
of others, so--
280
00:10:35,902 --> 00:10:37,203
CLAIRE: Is that
a problem for you?
281
00:10:37,237 --> 00:10:39,640
I mean,
being a pro-choice woman?
282
00:10:39,673 --> 00:10:40,907
Not really, plus--
283
00:10:41,775 --> 00:10:42,709
Plus what?
284
00:10:44,244 --> 00:10:46,446
I love working with Eugene.
285
00:10:46,479 --> 00:10:48,414
He's so far and away
the best lawyer
286
00:10:48,448 --> 00:10:49,082
in this firm.
287
00:10:49,115 --> 00:10:50,551
I'm afraid of him.
288
00:10:50,584 --> 00:10:51,618
I said, "Hi," once,
289
00:10:51,652 --> 00:10:53,386
and he kind of,
hmm, grunted, yes.
290
00:10:53,419 --> 00:10:55,055
(laughs)
291
00:10:59,392 --> 00:11:01,301
Do you think it'd
be incredibly inappropriate
292
00:11:01,334 --> 00:11:02,402
if I asked him out?
293
00:11:02,936 --> 00:11:04,538
Yes! Hello?
294
00:11:04,571 --> 00:11:06,907
Well, he's never
going to ask me out.
295
00:11:06,940 --> 00:11:08,374
He's too principled,
296
00:11:08,408 --> 00:11:11,444
which means if we were
to ever date,
297
00:11:12,212 --> 00:11:13,880
I'd have to make the move.
298
00:11:15,982 --> 00:11:17,217
Claire,
299
00:11:17,250 --> 00:11:18,351
we're set?
300
00:11:18,384 --> 00:11:19,786
I'm ready.
301
00:11:19,820 --> 00:11:21,221
You prepped this woman, right?
302
00:11:21,254 --> 00:11:22,122
Oh, she's prepped.
303
00:11:22,155 --> 00:11:23,056
She's ready.
304
00:11:23,089 --> 00:11:23,757
Let's go.
305
00:11:28,228 --> 00:11:30,797
BARKER: It isn't really
true, though, is it?
306
00:11:30,831 --> 00:11:31,464
What?
307
00:11:31,497 --> 00:11:33,433
That it's Lindsay's doing.
308
00:11:33,466 --> 00:11:34,568
You orchestrated it,
309
00:11:34,601 --> 00:11:35,669
don't you think?
310
00:11:35,702 --> 00:11:36,870
I didn't orchestrate her
311
00:11:36,903 --> 00:11:38,171
falling out of love with me.
312
00:11:38,204 --> 00:11:39,105
Fair enough.
313
00:11:39,139 --> 00:11:42,075
Wives do that
with husbands all the time,
314
00:11:42,108 --> 00:11:44,945
but they don't leave
when there are children involved
315
00:11:44,978 --> 00:11:46,179
unless pushed.
316
00:11:47,781 --> 00:11:48,815
And I pushed her?
317
00:11:49,816 --> 00:11:50,517
You kissed me.
318
00:11:50,551 --> 00:11:52,018
You slept with me.
319
00:11:52,052 --> 00:11:53,787
One could argue
that you traded
320
00:11:53,820 --> 00:11:54,888
on her self-respect
321
00:11:54,921 --> 00:11:55,889
and manipulated things.
322
00:11:55,922 --> 00:11:57,257
Are you my therapist now?
323
00:11:58,224 --> 00:12:00,500
No, I'm the mistress
324
00:12:00,534 --> 00:12:01,968
or maybe I'm just the device
325
00:12:02,002 --> 00:12:04,437
that helps you end
your marriage.
326
00:12:08,675 --> 00:12:09,910
All right, this is crazy.
327
00:12:09,943 --> 00:12:10,811
Let's postpone.
328
00:12:11,878 --> 00:12:13,446
No.
YOUNG: Carrie, you're in pain.
329
00:12:13,479 --> 00:12:14,681
The baby could be in distress.
330
00:12:15,215 --> 00:12:16,082
Is he?
331
00:12:16,116 --> 00:12:17,483
I don't know, Carrie,
332
00:12:17,518 --> 00:12:18,519
but why take the risk?
333
00:12:19,553 --> 00:12:21,822
I don't wanna
give birth in custody!
334
00:12:21,855 --> 00:12:23,356
They'll just
take him away from me.
335
00:12:23,389 --> 00:12:25,225
I want the trial over.
336
00:12:25,258 --> 00:12:27,227
I wanna have him
on the outside.
337
00:12:27,260 --> 00:12:29,930
Carrie, we could lose,
338
00:12:29,963 --> 00:12:32,699
in which case--
339
00:12:32,733 --> 00:12:35,401
you'll probably
get more visitation in jail
340
00:12:35,435 --> 00:12:36,603
than you could in prison.
341
00:12:39,573 --> 00:12:40,741
These are just contractions,
342
00:12:40,774 --> 00:12:41,441
like you said.
343
00:12:43,443 --> 00:12:44,611
I wanna keep going.
344
00:12:45,512 --> 00:12:46,713
I wanna have my baby
345
00:12:46,747 --> 00:12:49,115
in a real hospital,
346
00:12:49,149 --> 00:12:50,416
not in a jail.
347
00:12:54,120 --> 00:12:55,522
NAOMI: My kitchen has a window,
348
00:12:55,556 --> 00:12:57,290
so I could see her.
I understand,
349
00:12:57,323 --> 00:12:58,291
but my question was,
350
00:12:58,324 --> 00:13:00,233
do you think it was safe
for her to play
351
00:13:00,266 --> 00:13:01,702
on the second-story balcony?
352
00:13:02,569 --> 00:13:04,404
I assumed
the balcony was safe.
353
00:13:04,437 --> 00:13:06,773
SLOAN: It never previously
struck you as unsafe,
354
00:13:06,807 --> 00:13:08,174
did it?
No.
355
00:13:08,208 --> 00:13:09,109
SLOAN: And you never called
356
00:13:09,142 --> 00:13:10,877
the White Oaks
Management Company
357
00:13:10,911 --> 00:13:12,679
about the railing
outside your apartment,
358
00:13:12,713 --> 00:13:13,346
did you?
359
00:13:13,379 --> 00:13:14,480
No.
360
00:13:15,181 --> 00:13:16,316
SLOAN: How many times a day
361
00:13:16,349 --> 00:13:18,384
would you say you
looked at that railing?
362
00:13:18,418 --> 00:13:19,886
I don't have time
to sit around
363
00:13:19,920 --> 00:13:20,954
and look at a railing.
364
00:13:20,987 --> 00:13:22,623
SLOAN: I know,
but how many times a day,
365
00:13:22,656 --> 00:13:24,858
on average,
do you think you see it?
366
00:13:24,891 --> 00:13:25,959
A dozen?
367
00:13:25,992 --> 00:13:27,861
Two dozen?
Maybe 10
368
00:13:27,894 --> 00:13:29,262
if you count
the times I see it
369
00:13:29,295 --> 00:13:30,496
from inside the kitchen.
370
00:13:30,531 --> 00:13:31,431
SLOAN: And how long
did you live
371
00:13:31,464 --> 00:13:33,834
in this apartment
before the accident?
372
00:13:33,867 --> 00:13:36,202
About four years.
SLOAN: Okay,
373
00:13:36,236 --> 00:13:38,572
three hundred
sixty-five times four
374
00:13:38,605 --> 00:13:41,842
makes one thousand
four hundred sixty days.
375
00:13:41,875 --> 00:13:43,510
If you looked ten times a day
376
00:13:43,544 --> 00:13:45,178
for four years,
377
00:13:45,211 --> 00:13:46,479
assuming my math is correct,
378
00:13:46,513 --> 00:13:48,314
you looked at that
railing roughly
379
00:13:48,348 --> 00:13:50,884
14,600 times
380
00:13:50,917 --> 00:13:52,619
before the accident,
381
00:13:52,653 --> 00:13:54,254
and not once
did you notice anything
382
00:13:54,287 --> 00:13:55,288
was wrong with it.
383
00:13:55,321 --> 00:13:56,222
Isn't that right?
384
00:13:57,658 --> 00:13:58,559
(door opens)
385
00:13:58,592 --> 00:14:01,001
What the hell
was all that about?
386
00:14:01,034 --> 00:14:03,570
Four times
three sixty-five times ten.
387
00:14:03,604 --> 00:14:05,171
What's that got to do
with anything?
388
00:14:05,205 --> 00:14:07,708
Here's our problem,
389
00:14:07,741 --> 00:14:09,743
the defendant
isn't really negligent
390
00:14:09,776 --> 00:14:11,111
for not fixing the railing
391
00:14:11,144 --> 00:14:12,412
if they had no way of knowing
392
00:14:12,445 --> 00:14:13,079
it was broken.
393
00:14:13,113 --> 00:14:14,314
What are you talking about?
394
00:14:14,347 --> 00:14:15,682
They have an ongoing duty
395
00:14:15,716 --> 00:14:17,183
to inspect and repair.
396
00:14:17,217 --> 00:14:19,319
Yes, and the file is full
397
00:14:19,352 --> 00:14:20,253
of maintenance reports
398
00:14:20,286 --> 00:14:21,822
that say they did exactly that.
399
00:14:22,455 --> 00:14:23,524
Not one report says
400
00:14:23,557 --> 00:14:24,991
the railing was loose or broken,
401
00:14:25,025 --> 00:14:26,860
and now they've
got your testimony
402
00:14:26,893 --> 00:14:28,729
that you've never noticed
anything wrong either.
403
00:14:28,762 --> 00:14:31,031
CLAIRE:
But the way Virginia fell--
404
00:14:31,064 --> 00:14:32,432
that railing
had to be broken.
405
00:14:32,465 --> 00:14:34,668
We have to be able
to prove that.
406
00:14:34,701 --> 00:14:36,002
It's their building,
407
00:14:36,036 --> 00:14:37,270
for God's sake!
408
00:14:37,838 --> 00:14:40,340
Naomi, look,
409
00:14:40,373 --> 00:14:41,608
this is going to be
410
00:14:41,642 --> 00:14:43,510
a very tough case to win.
411
00:14:44,210 --> 00:14:46,046
My suggestion would be,
412
00:14:46,079 --> 00:14:48,181
let me see
if I can get something.
413
00:14:48,214 --> 00:14:50,751
By "something"
you mean how much?
414
00:14:51,484 --> 00:14:52,519
If we can get,
415
00:14:52,553 --> 00:14:55,121
say, 50,000,
416
00:14:55,155 --> 00:14:56,156
we should think about it.
417
00:14:58,992 --> 00:15:02,736
My daughter
will be in a wheelchair
418
00:15:02,769 --> 00:15:05,038
for the rest of her life.
419
00:15:06,106 --> 00:15:07,608
For that, we're supposed
420
00:15:07,641 --> 00:15:09,810
to accept $50,000?
421
00:15:10,877 --> 00:15:12,312
The damages to your daughter
422
00:15:12,345 --> 00:15:14,581
are obviously immeasurable.
423
00:15:15,982 --> 00:15:18,051
Unfortunately,
I don't know
424
00:15:18,084 --> 00:15:21,154
if we can prove
what we need to prove.
425
00:15:22,288 --> 00:15:23,724
I don't believe this.
426
00:15:26,092 --> 00:15:28,895
My daughter can't walk.
427
00:15:30,664 --> 00:15:32,132
She can't walk.
428
00:15:40,306 --> 00:15:42,308
They fought a lot,
429
00:15:42,342 --> 00:15:43,644
but it escalated dramatically
430
00:15:43,677 --> 00:15:44,477
after she got pregnant.
431
00:15:44,511 --> 00:15:46,112
By "fought," you mean?
432
00:15:46,146 --> 00:15:46,980
A lot of screaming,
433
00:15:47,013 --> 00:15:48,281
but it got physical, too.
434
00:15:48,314 --> 00:15:49,750
I could hear it right
through the walls.
435
00:15:49,783 --> 00:15:52,285
YOUNG: And Mr. Gaul,
you live in the apartment
436
00:15:52,318 --> 00:15:54,254
next to Mrs. Neilson
and the victim?
437
00:15:54,287 --> 00:15:55,355
Correct.
438
00:15:55,388 --> 00:15:57,090
And Mr. Gaul,
were you able to hear
439
00:15:57,123 --> 00:15:59,159
the substance
of their arguments?
440
00:15:59,192 --> 00:16:00,500
Typically, no,
441
00:16:00,534 --> 00:16:02,302
because I really didn't care to.
442
00:16:02,335 --> 00:16:04,070
I'd turn my television up.
443
00:16:04,104 --> 00:16:06,439
But I did specifically
hear him screaming
444
00:16:06,472 --> 00:16:08,074
that he didn't want her
to have it,
445
00:16:08,108 --> 00:16:09,810
presumably the baby.
446
00:16:09,843 --> 00:16:11,512
I also specifically heard her
447
00:16:11,545 --> 00:16:13,313
on more than one occasion
448
00:16:13,346 --> 00:16:14,280
screaming at him
449
00:16:14,314 --> 00:16:15,281
that he was hurting her.
450
00:16:15,315 --> 00:16:17,984
Did you ever do
anything yourself?
451
00:16:18,018 --> 00:16:20,020
I intervened when I thought
he was hurting her.
452
00:16:20,053 --> 00:16:21,021
When he wasn't around,
453
00:16:21,054 --> 00:16:23,023
I tried another form
of intervention,
454
00:16:23,056 --> 00:16:24,157
which was trying
to persuade her
455
00:16:24,190 --> 00:16:25,191
to leave the man.
456
00:16:25,225 --> 00:16:27,227
Did you ever call the police?
457
00:16:27,260 --> 00:16:29,462
I called them the night
I heard the shots,
458
00:16:29,495 --> 00:16:30,697
and I called them once before
459
00:16:30,731 --> 00:16:31,865
when I thought
he was physically
460
00:16:31,898 --> 00:16:33,534
attacking her.
461
00:16:33,967 --> 00:16:35,836
According to your statement
to the police,
462
00:16:35,869 --> 00:16:38,271
you either intervened
or called the police
463
00:16:38,304 --> 00:16:39,606
every time you heard sounds
464
00:16:39,640 --> 00:16:40,941
of physical abuse
465
00:16:40,974 --> 00:16:42,743
or intense screaming.
466
00:16:42,776 --> 00:16:43,844
Was that your statement?
467
00:16:43,877 --> 00:16:45,011
Yes, it was.
468
00:16:45,045 --> 00:16:46,079
And it's true?
469
00:16:46,112 --> 00:16:47,413
Yes, it is.
470
00:16:47,447 --> 00:16:49,683
Well, on the night
of Mr. Neilson's death,
471
00:16:49,716 --> 00:16:52,318
you neither intervened
nor called the police
472
00:16:52,352 --> 00:16:53,720
prior to the shooting,
473
00:16:53,754 --> 00:16:55,589
is that correct?
Yes.
474
00:16:55,622 --> 00:16:57,558
KUPCHECK: So one
could conclude, then,
475
00:16:57,591 --> 00:16:59,492
that there were no sounds
of fighting
476
00:16:59,526 --> 00:17:00,667
before the gun was fired.
477
00:17:03,303 --> 00:17:04,070
I don't know.
478
00:17:04,104 --> 00:17:05,506
Well, you didn't hear them.
479
00:17:06,139 --> 00:17:07,574
I can't say that I did,
480
00:17:07,608 --> 00:17:08,909
but I was in shock myself.
481
00:17:08,942 --> 00:17:10,844
It's possible
I just don't remember.
482
00:17:16,249 --> 00:17:17,183
DOLE: Ellenor,
483
00:17:17,217 --> 00:17:18,484
Hi.
484
00:17:18,519 --> 00:17:19,452
Hey.
485
00:17:24,991 --> 00:17:26,192
Looks like somebody's leaving.
486
00:17:29,229 --> 00:17:30,897
Lindsay, this is none
of my business.
487
00:17:32,098 --> 00:17:34,400
I couldn't agree
with you more.
488
00:17:34,434 --> 00:17:35,335
FRUTT: All right, look,
489
00:17:36,937 --> 00:17:37,871
cards on the table?
490
00:17:40,406 --> 00:17:42,042
I love you,
491
00:17:42,075 --> 00:17:44,077
and I love Bobby,
492
00:17:44,110 --> 00:17:46,246
and I suppose I have
an emotional investment
493
00:17:46,279 --> 00:17:48,749
in this marriage.
494
00:17:48,782 --> 00:17:50,316
I think you're being far,
495
00:17:50,350 --> 00:17:52,052
far too draconian here.
496
00:17:53,319 --> 00:17:55,522
You have a son,
497
00:17:55,556 --> 00:17:57,223
and as angry
as you may be with Bobby,
498
00:17:57,257 --> 00:18:00,100
and I don't blame you,
by the way.
499
00:18:00,133 --> 00:18:01,467
You have to realize
500
00:18:01,502 --> 00:18:04,237
that the hatred you feel
comes from betrayal
501
00:18:04,270 --> 00:18:05,972
and that the foundation
of betrayal
502
00:18:06,006 --> 00:18:06,740
is love.
503
00:18:09,643 --> 00:18:12,879
There is no good reason
504
00:18:12,913 --> 00:18:13,980
to rush this.
505
00:18:15,048 --> 00:18:17,483
Let some time pass.
506
00:18:17,518 --> 00:18:19,953
Give your emotions
some time to settle.
507
00:18:21,722 --> 00:18:23,857
Lindsay,
508
00:18:23,890 --> 00:18:25,826
you have a son.
509
00:18:27,493 --> 00:18:28,829
Can you sit for a second?
510
00:18:38,238 --> 00:18:41,074
Last week,
I sat in a church grieving
511
00:18:41,107 --> 00:18:42,408
for a serial killer,
512
00:18:44,010 --> 00:18:47,380
a sick man who kills
innocent people.
513
00:18:47,413 --> 00:18:49,583
I mourned his loss, Ellenor.
514
00:18:52,653 --> 00:18:54,420
But the thing that struck me
sitting in that church
515
00:18:54,454 --> 00:18:56,022
was that I was mourning.
516
00:18:57,824 --> 00:18:58,725
I was feeling.
517
00:18:59,993 --> 00:19:03,303
It was something
I haven't done for a long,
518
00:19:03,336 --> 00:19:04,237
long time.
519
00:19:07,173 --> 00:19:08,909
And you said
let my emotions settle.
520
00:19:11,144 --> 00:19:12,412
My problem is...
521
00:19:13,580 --> 00:19:14,915
I've had no emotions.
522
00:19:16,883 --> 00:19:18,418
I've been going dead
with Bobby.
523
00:19:20,020 --> 00:19:23,256
With every day,
I grow a little more dead,
524
00:19:23,289 --> 00:19:25,959
and that's where my son
is becoming most victimized.
525
00:19:28,128 --> 00:19:30,597
His mother is becoming
emotionally deadened.
526
00:19:34,067 --> 00:19:36,503
I wish I would feel hatred
527
00:19:36,537 --> 00:19:38,104
or anger towards Bobby,
528
00:19:39,640 --> 00:19:40,741
but I feel neither.
529
00:19:44,310 --> 00:19:45,912
I don't love him.
530
00:19:45,946 --> 00:19:46,980
I don't hate him.
531
00:19:48,582 --> 00:19:50,350
I'm not sure
if I really even like him,
532
00:19:51,685 --> 00:19:53,153
but what I am sure of
533
00:19:53,186 --> 00:19:56,690
is that for me
to have any chance
534
00:19:56,723 --> 00:19:59,125
of resuming
some emotional life,
535
00:20:01,067 --> 00:20:02,736
I have to get away
from him.
536
00:20:05,305 --> 00:20:06,607
And that's what I'm doing.
537
00:20:15,115 --> 00:20:17,383
YOUNG: I'm not so convinced
we should call her.
538
00:20:17,417 --> 00:20:18,351
STRINGER: Carrie?
539
00:20:18,384 --> 00:20:20,086
How can we not?
540
00:20:20,120 --> 00:20:22,188
Well, the neighbor's
testimony went so well,
541
00:20:22,222 --> 00:20:23,489
Carrie could just throw
that all away.
542
00:20:23,524 --> 00:20:26,326
But our whole case turns
on jury sympathy.
543
00:20:26,359 --> 00:20:27,828
They have to get to know her.
544
00:20:28,895 --> 00:20:29,863
Maybe so.
545
00:20:35,769 --> 00:20:37,470
Eugene, can we talk
546
00:20:37,504 --> 00:20:38,739
for a second about last week
547
00:20:38,772 --> 00:20:39,706
when I took the stand?
548
00:20:39,740 --> 00:20:41,107
What's there to talk about?
549
00:20:41,141 --> 00:20:44,277
Look, I know you weren't
trying to do me any favors,
550
00:20:44,310 --> 00:20:45,011
but why--
551
00:20:49,082 --> 00:20:51,618
is there a reason
you feel a need to apologize
552
00:20:51,652 --> 00:20:53,554
if somebody salutes
your compassion?
553
00:20:54,721 --> 00:20:55,856
I don't think I do that.
554
00:21:00,500 --> 00:21:01,602
Why do you grunt?
555
00:21:02,368 --> 00:21:03,369
I beg your pardon?
556
00:21:03,403 --> 00:21:05,305
Well, do you intimidate people
by design?
557
00:21:05,338 --> 00:21:08,374
Look, we have a case
to work on here, Jamie,
558
00:21:08,408 --> 00:21:10,544
so is there a reason
for all these questions?
559
00:21:10,577 --> 00:21:11,745
I'm just taking a personal
interest in you.
560
00:21:11,778 --> 00:21:12,478
That's all.
561
00:21:18,585 --> 00:21:19,586
Look,
562
00:21:20,821 --> 00:21:23,323
I know you wouldn't go out
with me in a million years,
563
00:21:23,356 --> 00:21:25,826
but I was wondering
564
00:21:27,027 --> 00:21:28,194
after this trial,
565
00:21:30,531 --> 00:21:32,232
could we may be set our clock
566
00:21:32,265 --> 00:21:34,601
ahead a million years
and go have dinner?
567
00:21:34,635 --> 00:21:37,571
(music playing)
568
00:21:41,508 --> 00:21:43,343
I don't think that would be
a great idea.
569
00:21:46,246 --> 00:21:46,980
Okay.
570
00:21:49,883 --> 00:21:50,851
Can we debate the merit
571
00:21:50,884 --> 00:21:52,285
of the idea over dinner?
572
00:21:58,759 --> 00:22:00,166
Let's just get back to work.
573
00:22:03,737 --> 00:22:04,671
Fine.
574
00:22:07,207 --> 00:22:08,141
Fine.
575
00:22:25,458 --> 00:22:27,427
I've scheduled
a settlement conference
576
00:22:27,460 --> 00:22:30,030
for 9:00 tomorrow morning.
577
00:22:30,063 --> 00:22:31,164
As I said,
I'd be thrilled to get 50
578
00:22:31,197 --> 00:22:32,933
under this fact pattern.
579
00:22:33,600 --> 00:22:34,835
Okay.
580
00:22:38,038 --> 00:22:39,706
May I ask,
581
00:22:39,740 --> 00:22:41,508
who was handling this case,
582
00:22:41,542 --> 00:22:42,976
you or Lindsay?
583
00:22:43,544 --> 00:22:46,179
Well, I was pushing it uphill.
584
00:22:46,212 --> 00:22:48,782
Um, Lindsay was planning
to take the depos.
585
00:22:49,550 --> 00:22:51,351
Why?
586
00:22:51,384 --> 00:22:52,586
Can I be honest?
587
00:22:52,619 --> 00:22:54,087
Sure.
588
00:22:55,321 --> 00:22:56,857
I think a disservice
589
00:22:56,890 --> 00:22:59,192
was done to these people,
590
00:22:59,225 --> 00:23:00,734
revving the mother up,
591
00:23:00,767 --> 00:23:03,103
making her think
there'd be some big score.
592
00:23:03,136 --> 00:23:04,938
CLAIRE: Her daughter
is in a wheelchair.
593
00:23:04,971 --> 00:23:06,707
We hardly needed
to rev her up.
594
00:23:06,740 --> 00:23:08,809
She was obviously led
to believe
595
00:23:08,842 --> 00:23:10,210
there's some pot of gold here.
596
00:23:10,243 --> 00:23:12,445
There should be.
597
00:23:12,478 --> 00:23:13,980
A girl is disabled--
BERLUTI: Yes,
598
00:23:14,014 --> 00:23:15,782
the damages are there.
599
00:23:15,816 --> 00:23:18,084
That doesn't mean
liability is.
600
00:23:18,118 --> 00:23:19,720
Whose side are you on?
601
00:23:21,888 --> 00:23:25,091
Claire, I know you don't
wanna hear this,
602
00:23:25,125 --> 00:23:27,528
but public housing tenants
603
00:23:27,561 --> 00:23:29,162
make lousy plaintiffs.
604
00:23:29,830 --> 00:23:30,997
For whatever reason,
605
00:23:31,031 --> 00:23:33,133
juries don't like them.
606
00:23:33,166 --> 00:23:34,300
On top of that,
607
00:23:34,334 --> 00:23:36,770
you've got a defendant
knee-deep in HUD loans
608
00:23:36,803 --> 00:23:39,405
just trying to keep
the place habitable.
609
00:23:39,439 --> 00:23:40,774
There's no pot of gold,
610
00:23:40,807 --> 00:23:42,643
and you did a big disservice
611
00:23:42,676 --> 00:23:44,911
to the client
to suggest otherwise.
612
00:23:46,279 --> 00:23:49,215
I know you're young
and enthusiastic,
613
00:23:49,249 --> 00:23:51,685
but I think you need to deal
614
00:23:51,718 --> 00:23:53,654
with your zeal.
615
00:23:53,687 --> 00:23:55,722
Sometimes it can cause harm.
616
00:24:00,967 --> 00:24:02,536
The meeting's at 9:00.
617
00:24:09,175 --> 00:24:11,411
CARRIE: We'd been married
just under four years.
618
00:24:11,444 --> 00:24:12,412
Happily?
619
00:24:12,445 --> 00:24:13,947
CARRIE: Till about
two years ago.
620
00:24:13,980 --> 00:24:17,383
He was having problems
with his partners,
621
00:24:17,417 --> 00:24:19,686
and he started drinking more.
622
00:24:19,720 --> 00:24:21,487
He started hitting me.
623
00:24:22,088 --> 00:24:23,657
STRINGER:
He started hitting you.
624
00:24:23,690 --> 00:24:25,559
Over what period of time?
625
00:24:26,059 --> 00:24:28,361
Over a period
of about six months.
626
00:24:29,429 --> 00:24:30,631
Then I got pregnant,
627
00:24:30,664 --> 00:24:33,499
and he promised
to stop drinking.
628
00:24:33,900 --> 00:24:34,901
Did he?
629
00:24:35,902 --> 00:24:37,871
For a while.
630
00:24:37,904 --> 00:24:40,006
Things kept getting worse
at work.
631
00:24:40,040 --> 00:24:41,975
I couldn't have been easy
to be around,
632
00:24:42,008 --> 00:24:43,376
you know, the first trimester
633
00:24:43,409 --> 00:24:44,745
of my first pregnancy.
634
00:24:45,245 --> 00:24:47,113
Can you tell us
what happened that night?
635
00:24:48,148 --> 00:24:49,115
He came home.
636
00:24:51,417 --> 00:24:52,919
He'd been drinking.
637
00:24:53,987 --> 00:24:55,589
And he said--
638
00:24:56,990 --> 00:24:59,225
he said he didn't want me
639
00:24:59,259 --> 00:25:01,768
and he didn't want the baby,
640
00:25:01,802 --> 00:25:03,269
that he was suffocating,
641
00:25:03,303 --> 00:25:04,905
that I'd ruined everything.
642
00:25:04,938 --> 00:25:06,472
STRINGER: Did you argue?
643
00:25:06,507 --> 00:25:08,742
CARRIE: Not really.
644
00:25:08,775 --> 00:25:12,045
I began to respond
when he just shoved me,
645
00:25:12,078 --> 00:25:13,747
and then he punched me.
646
00:25:13,780 --> 00:25:14,748
What did you do?
647
00:25:14,781 --> 00:25:17,450
I did what I always did.
648
00:25:17,483 --> 00:25:19,019
I took it,
649
00:25:19,052 --> 00:25:21,722
tried not to make him
any more angry.
650
00:25:21,755 --> 00:25:24,057
STRINGER: How did he react
to that?
651
00:25:24,090 --> 00:25:26,593
He said something about
652
00:25:26,627 --> 00:25:28,562
getting it out of me,
653
00:25:28,595 --> 00:25:31,497
and then he punched me,
654
00:25:31,532 --> 00:25:33,466
and I fell to the ground.
655
00:25:33,499 --> 00:25:34,367
STRINGER: Then what?
656
00:25:34,968 --> 00:25:37,070
And I pulled...
657
00:25:37,103 --> 00:25:38,238
the gun out of the cabinet
658
00:25:38,271 --> 00:25:39,172
where we kept it,
659
00:25:39,205 --> 00:25:41,708
and I told him to stand back,
660
00:25:41,742 --> 00:25:44,344
that I wouldn't let him hurt
our baby,
661
00:25:44,377 --> 00:25:46,379
and then he lunged at me!
662
00:25:47,447 --> 00:25:49,115
Carrie, what did you do next?
663
00:25:49,850 --> 00:25:50,917
I shot him.
664
00:25:54,788 --> 00:25:56,489
It was as if my fingers,
665
00:25:56,523 --> 00:25:58,625
they just convulsed
on the trigger
666
00:25:58,659 --> 00:26:02,102
like it wasn't me shooting.
667
00:26:04,738 --> 00:26:05,906
KUPCHECK: You say
your husband beat you
668
00:26:05,939 --> 00:26:07,708
over a six-month period
669
00:26:07,741 --> 00:26:08,909
and you never called the police
670
00:26:08,942 --> 00:26:10,611
any of those times.
671
00:26:10,644 --> 00:26:12,779
I'm seeing a therapist
about that now
672
00:26:12,813 --> 00:26:14,114
and she says it's called
673
00:26:14,147 --> 00:26:15,716
battered women syndrome.
674
00:26:15,749 --> 00:26:16,517
KUPCHECK: I see.
675
00:26:16,550 --> 00:26:18,552
Did you ever go to the hospital?
676
00:26:18,585 --> 00:26:19,586
No.
So you were never
677
00:26:19,620 --> 00:26:20,554
really injured.
678
00:26:20,587 --> 00:26:21,888
CARRIE: Oh, I had bruises.
679
00:26:21,922 --> 00:26:23,590
I was just too ashamed to--
680
00:26:23,624 --> 00:26:25,391
You never went
to a shelter either?
681
00:26:26,259 --> 00:26:28,028
No.
With all these places
682
00:26:28,061 --> 00:26:30,263
you could go to for help--
Knowing something's there
683
00:26:30,296 --> 00:26:31,965
and being able to do
something about it
684
00:26:31,998 --> 00:26:33,266
are two different--
But you did do
685
00:26:33,299 --> 00:26:35,068
something about it,
didn't you, Carrie?
686
00:26:35,101 --> 00:26:36,937
You decided to put six bullets
687
00:26:36,970 --> 00:26:39,105
into your husband rather--
Objection!
688
00:26:39,139 --> 00:26:40,306
Sustained.
689
00:26:40,340 --> 00:26:41,374
Does the name Robert Sheehan
690
00:26:41,407 --> 00:26:42,275
mean anything to you?
691
00:26:44,845 --> 00:26:45,812
He's a lawyer.
692
00:26:45,846 --> 00:26:47,881
He's a divorce lawyer
you consulted
693
00:26:47,914 --> 00:26:49,049
only one month
694
00:26:49,082 --> 00:26:50,283
before you killed your husband.
695
00:26:52,252 --> 00:26:53,253
CARRIE: I met with him once,
696
00:26:53,286 --> 00:26:55,856
but I didn't follow
through on it.
697
00:26:55,889 --> 00:26:57,323
Because he told you
that since most
698
00:26:57,357 --> 00:26:58,458
of your husband's money
699
00:26:58,491 --> 00:26:59,760
was held in trusts,
700
00:26:59,793 --> 00:27:01,501
you would get a lot more
with him dead
701
00:27:01,535 --> 00:27:02,335
than if you divorced him.
702
00:27:02,368 --> 00:27:03,336
Objection!
703
00:27:03,369 --> 00:27:04,404
Sustained.
704
00:27:05,005 --> 00:27:06,272
Your husband have life
insurance?
705
00:27:06,306 --> 00:27:07,440
Yes.
706
00:27:07,473 --> 00:27:10,010
It's a $500,000 policy
707
00:27:10,043 --> 00:27:11,377
with the money going to you.
708
00:27:11,411 --> 00:27:13,279
You're aware of that,
aren't you?
709
00:27:13,313 --> 00:27:14,347
I'm aware of it.
710
00:27:14,380 --> 00:27:17,083
You decided to trade in
your alcoholic husband
711
00:27:17,117 --> 00:27:19,185
for half a million dollars,
didn't you, Mrs. Neilson?
712
00:27:19,219 --> 00:27:22,656
I decided to save the life
of my baby, Mr. Kupcheck.
713
00:27:22,689 --> 00:27:24,290
Oh, you were saving your baby?
714
00:27:24,324 --> 00:27:25,491
Yes.
715
00:27:25,526 --> 00:27:27,360
Not your own life,
716
00:27:27,393 --> 00:27:28,261
but your baby's.
717
00:27:28,895 --> 00:27:29,930
Yes.
718
00:27:30,764 --> 00:27:32,065
Mrs. Neilson,
719
00:27:32,098 --> 00:27:33,299
have you ever had an abortion?
720
00:27:33,333 --> 00:27:34,134
Objection!
Objection!
721
00:27:34,167 --> 00:27:36,069
The defendant
is clearly saying
722
00:27:36,102 --> 00:27:37,938
that a two-month fetus
is a person.
723
00:27:37,971 --> 00:27:39,372
I'd like to cross-examine her
on that.
724
00:27:39,405 --> 00:27:40,373
I'll allow it.
725
00:27:41,875 --> 00:27:43,409
Have you ever had an abortion?
726
00:27:45,612 --> 00:27:46,847
Once,
727
00:27:46,880 --> 00:27:48,314
before I was married.
728
00:27:49,082 --> 00:27:51,585
If you remember,
729
00:27:51,618 --> 00:27:53,654
how old was the child?
730
00:27:56,890 --> 00:27:58,258
Seventeen weeks.
731
00:28:03,804 --> 00:28:05,371
YOUNG: We got hurt
in there today, Jamie.
732
00:28:05,405 --> 00:28:06,707
STRINGER: Many people change
their positions
733
00:28:06,740 --> 00:28:07,808
on abortion, Eugene,
734
00:28:07,841 --> 00:28:09,375
especially after they
get married.
735
00:28:09,409 --> 00:28:10,844
We need to draft a proposed set
736
00:28:10,877 --> 00:28:12,478
of jury instructions.
Mr. Young,
737
00:28:12,513 --> 00:28:14,047
you called for me.
738
00:28:14,080 --> 00:28:15,682
I need for you to think,
Mr. Gaul.
739
00:28:15,716 --> 00:28:16,983
Think back.
740
00:28:17,017 --> 00:28:18,184
Are you sure you didn't hear
741
00:28:18,218 --> 00:28:19,452
anything before the shots?
742
00:28:20,086 --> 00:28:21,121
I'm not sure at all.
743
00:28:21,154 --> 00:28:23,023
He put those words
into my mouth.
744
00:28:23,056 --> 00:28:24,925
I may very well
have heard them fighting.
745
00:28:24,958 --> 00:28:25,826
I may need to put you
746
00:28:25,859 --> 00:28:26,893
back up there to say that.
747
00:28:27,327 --> 00:28:27,961
Okay.
748
00:28:27,994 --> 00:28:29,129
I'll let you know.
749
00:28:31,364 --> 00:28:32,533
It is not a good idea.
750
00:28:32,566 --> 00:28:33,834
We cannot rest our case
751
00:28:33,867 --> 00:28:35,869
on that kind of uncertainty.
Well, I don't like resting
752
00:28:35,902 --> 00:28:37,003
our case where we are right now.
753
00:28:37,037 --> 00:28:38,104
Look, you wanna put
the neighbor up there
754
00:28:38,138 --> 00:28:39,506
to say what he may have heard?
755
00:28:39,540 --> 00:28:40,707
Jury instructions, Jamie.
756
00:28:40,741 --> 00:28:42,142
I need them on my desk tonight.
757
00:28:42,175 --> 00:28:43,376
Fine.
Fine.
758
00:28:45,278 --> 00:28:46,713
MAN (over TV):
Where is everybody?
759
00:28:46,747 --> 00:28:49,182
Come on, guys. We're gonna--
It just seems like
760
00:28:49,215 --> 00:28:50,651
such a little amount.
761
00:28:50,684 --> 00:28:53,554
It is, but--
NAOMI: I read in the papers,
762
00:28:53,587 --> 00:28:56,156
these people
who choose to smoke
763
00:28:56,189 --> 00:28:57,357
win millions of dollars
764
00:28:57,390 --> 00:28:59,492
from the tobacco companies.
765
00:28:59,526 --> 00:29:01,334
My daughter didn't choose
766
00:29:01,367 --> 00:29:03,637
to lean against
a broken railing,
767
00:29:03,670 --> 00:29:05,772
and now she can't walk.
768
00:29:05,806 --> 00:29:08,542
CLAIRE: I think one thing
that they're betting on
769
00:29:08,575 --> 00:29:09,610
is that you can't afford
770
00:29:09,643 --> 00:29:11,211
to see this through trial.
771
00:29:11,244 --> 00:29:12,979
If you beat them in court,
Ms. Carter,
772
00:29:13,013 --> 00:29:14,881
it could take four
or five years
773
00:29:14,915 --> 00:29:16,583
before you get anything,
774
00:29:16,617 --> 00:29:18,218
that's just assuming you win,
775
00:29:18,251 --> 00:29:19,119
which...
776
00:29:20,253 --> 00:29:21,354
isn't even likely.
777
00:29:23,957 --> 00:29:26,226
There's nothing else you can do?
778
00:29:27,628 --> 00:29:29,095
I don't think so.
779
00:29:29,129 --> 00:29:30,330
I mean, the truth is
780
00:29:30,363 --> 00:29:32,032
you've got a sympathetic
defendant
781
00:29:32,065 --> 00:29:34,500
providing housing
with loans from HUD.
782
00:29:34,535 --> 00:29:35,435
Like Jimmy says,
783
00:29:35,468 --> 00:29:37,203
they get these loans just to--
784
00:29:38,471 --> 00:29:39,405
NAOMI: What?
785
00:29:41,341 --> 00:29:42,142
What?
786
00:29:45,846 --> 00:29:46,913
What do you mean redo them?
787
00:29:46,947 --> 00:29:48,414
Redo them.
They're imprecise.
788
00:29:48,448 --> 00:29:49,550
This whole case
would come down--
789
00:29:49,583 --> 00:29:50,817
Where are they imprecise?
790
00:29:53,820 --> 00:29:56,456
Three, four, five, six.
791
00:29:56,489 --> 00:29:58,158
We need to spell it out.
792
00:29:58,191 --> 00:30:00,026
It is.
Not enough, Jamie.
793
00:30:00,060 --> 00:30:01,167
If that judge instructs
794
00:30:01,201 --> 00:30:02,936
that a fetus is not a child,
795
00:30:02,969 --> 00:30:03,737
we lose.
796
00:30:03,770 --> 00:30:04,771
Do you get that?
797
00:30:04,805 --> 00:30:07,173
Our whole theory
is defense of others.
798
00:30:07,207 --> 00:30:08,408
If she instructs
799
00:30:08,441 --> 00:30:09,743
that there is no child,
800
00:30:09,776 --> 00:30:10,777
then there is no other.
801
00:30:10,811 --> 00:30:12,979
Stop talking to me
like I'm three.
802
00:30:13,013 --> 00:30:14,748
I'm talking to you
like you're a lawyer
803
00:30:14,781 --> 00:30:17,017
and this work
is not acceptable.
804
00:30:17,050 --> 00:30:18,251
Oh, you're full of crap!
805
00:30:18,284 --> 00:30:19,886
You're upset because
I asked you to dinner
806
00:30:19,920 --> 00:30:21,187
and you can't handle it.
807
00:30:21,221 --> 00:30:22,923
Well, the offer is revoked.
808
00:30:22,956 --> 00:30:24,991
You can go eat
a cheeseburger alone
809
00:30:25,025 --> 00:30:27,060
like the big,
bald curmudgeon you are.
810
00:30:27,093 --> 00:30:29,095
You don't talk to me like that.
These instructions are fine.
811
00:30:29,129 --> 00:30:30,731
The work is acceptable.
812
00:30:30,764 --> 00:30:32,398
So you can go off
into a corner and grunt.
813
00:30:32,432 --> 00:30:33,800
Oh, now I get it.
814
00:30:33,834 --> 00:30:37,337
Get what?
You asked me out for currency.
815
00:30:37,370 --> 00:30:39,105
Now, when I come down on you
for your work,
816
00:30:39,139 --> 00:30:41,975
you can claim I'm retaliating
for personal reasons.
817
00:30:42,008 --> 00:30:42,843
Very clever!
STRINGER: Oh,
818
00:30:42,876 --> 00:30:44,210
that is so cynical!
819
00:30:44,244 --> 00:30:45,879
I don't think so.
STRINGER: I asked you out
820
00:30:45,912 --> 00:30:47,514
because I like you
821
00:30:47,548 --> 00:30:48,849
and you can't take it.
822
00:30:48,882 --> 00:30:50,216
Well, I like you.
823
00:30:52,553 --> 00:30:53,854
I like you.
824
00:31:04,237 --> 00:31:06,339
(door opens)
825
00:31:08,174 --> 00:31:08,842
Claire?
826
00:31:12,278 --> 00:31:13,479
Claire?
827
00:31:15,448 --> 00:31:16,449
Did you sleep here?
828
00:31:17,584 --> 00:31:19,920
Oh, I guess I did.
829
00:31:19,953 --> 00:31:21,321
What are you working on?
830
00:31:21,354 --> 00:31:22,088
CLAIRE: The Carter case.
831
00:31:22,122 --> 00:31:23,757
I have a 9:00
832
00:31:23,790 --> 00:31:24,691
settlement conference.
833
00:31:24,725 --> 00:31:26,092
It's 10 past 9:00.
834
00:31:26,126 --> 00:31:27,293
What?
835
00:31:30,196 --> 00:31:31,264
I'm so sorry.
836
00:31:31,297 --> 00:31:32,032
Traffic.
837
00:31:32,065 --> 00:31:33,767
We just started.
838
00:31:33,800 --> 00:31:34,968
Mr. Sloan is offering us
839
00:31:35,001 --> 00:31:38,338
the grand sum of $20,000.
Look,
840
00:31:38,371 --> 00:31:39,506
our insurance company
841
00:31:39,540 --> 00:31:41,341
is tightening up
on nuisance claims.
842
00:31:41,374 --> 00:31:43,143
Nuisance?
Claire,
843
00:31:43,176 --> 00:31:45,345
that girl is disabled for life.
844
00:31:45,378 --> 00:31:47,047
This is hardly a nuisance claim.
845
00:31:47,080 --> 00:31:48,749
Come on.
Post-accident tests
846
00:31:48,782 --> 00:31:49,983
showed a minimal fissure.
847
00:31:50,016 --> 00:31:51,051
The railing broke.
848
00:31:51,084 --> 00:31:52,886
Because she jumped on to it.
849
00:31:52,919 --> 00:31:54,287
She weighs 70 pounds.
850
00:31:54,320 --> 00:31:57,023
SLOAN: Look,
there's no negligence,
851
00:31:57,057 --> 00:31:57,991
and if we go to trial,
852
00:31:58,024 --> 00:31:59,125
you're looking at three years
853
00:31:59,159 --> 00:32:02,168
before the first witness
is even sworn in.
854
00:32:02,202 --> 00:32:03,303
Now, I'm sure your client
855
00:32:03,336 --> 00:32:04,905
could use that 20,000.
856
00:32:04,938 --> 00:32:06,139
My suspicion is it would come in
857
00:32:06,172 --> 00:32:07,541
very handy right now.
858
00:32:08,642 --> 00:32:09,776
You have an obligation
859
00:32:09,810 --> 00:32:11,778
to take the offer
to your client.
860
00:32:13,880 --> 00:32:15,782
Could you take this
to your client?
861
00:32:17,851 --> 00:32:19,485
SLOAN: What is it?
CLAIRE: An amendment
862
00:32:19,520 --> 00:32:21,387
to our document
production request.
863
00:32:21,421 --> 00:32:23,289
We want your HUD
financial records.
864
00:32:23,957 --> 00:32:25,391
I already got
the loan application
865
00:32:25,425 --> 00:32:28,662
under the Freedom
of Information Act.
866
00:32:28,695 --> 00:32:30,564
Your client made representations
867
00:32:30,597 --> 00:32:32,398
about upgrading and renovating
868
00:32:32,432 --> 00:32:33,734
White Oaks Property.
869
00:32:33,767 --> 00:32:36,002
They got $4,000,000 in fact,
870
00:32:36,036 --> 00:32:37,571
which is interesting because
871
00:32:37,604 --> 00:32:40,707
according to your own
interrogatory responses,
872
00:32:40,741 --> 00:32:42,208
there have been no renovations
873
00:32:42,242 --> 00:32:44,645
since you received
the HUD funding.
874
00:32:44,678 --> 00:32:45,946
You stated that there
are currently
875
00:32:45,979 --> 00:32:48,682
no plans for remodeling.
876
00:32:48,715 --> 00:32:50,083
That might qualify your client
877
00:32:50,116 --> 00:32:52,719
for fraud, Mr. Sloan.
878
00:32:52,753 --> 00:32:54,621
I think you're reaching,
counsel.
879
00:32:54,655 --> 00:32:55,589
CLAIRE: I don't think so.
880
00:32:56,089 --> 00:32:58,725
You received money earmarked
for repairs.
881
00:32:58,759 --> 00:33:00,433
Had you done those repairs,
882
00:33:00,466 --> 00:33:02,769
the faulty railing
would have been discovered.
883
00:33:02,803 --> 00:33:05,238
If you've not done them,
884
00:33:05,271 --> 00:33:06,540
brings me back to fraud.
885
00:33:06,573 --> 00:33:08,642
SLOAN: You don't know
what that money was spent on.
886
00:33:08,675 --> 00:33:10,744
Now, I don't think--
This is my motion
887
00:33:10,777 --> 00:33:12,613
for a court-enforced audit.
888
00:33:12,646 --> 00:33:15,015
Then we'll know what the money
was spent on
889
00:33:15,048 --> 00:33:16,349
or not spent on.
890
00:33:16,382 --> 00:33:18,819
I certainly hope your client
891
00:33:18,852 --> 00:33:21,187
didn't take a low road,
Mr. Sloan.
892
00:33:21,221 --> 00:33:22,455
There's still an opportunity
893
00:33:22,488 --> 00:33:24,224
to choose a high one.
894
00:33:24,257 --> 00:33:25,726
I would encourage you
895
00:33:25,759 --> 00:33:27,327
to encourage your client
896
00:33:27,360 --> 00:33:28,361
to reconsider,
897
00:33:29,162 --> 00:33:31,031
not to avoid an audit,
898
00:33:31,064 --> 00:33:34,100
not to avoid liability
for fraud,
899
00:33:34,134 --> 00:33:36,336
but to compensate
a 10-year-old girl
900
00:33:36,369 --> 00:33:38,238
who will never be a cheerleader,
901
00:33:38,271 --> 00:33:39,439
who will never get to dance
902
00:33:39,472 --> 00:33:41,107
at her senior prom,
903
00:33:41,141 --> 00:33:42,509
and who won't walk down
the aisle
904
00:33:42,543 --> 00:33:43,677
at her own wedding.
905
00:33:45,078 --> 00:33:47,047
She won't walk through many
of life's moments
906
00:33:47,080 --> 00:33:49,716
because I suspect
your client got greedy.
907
00:33:50,917 --> 00:33:53,019
I would encourage you
to talk to your client
908
00:33:53,053 --> 00:33:54,821
because it's the right thing
to do.
909
00:34:00,767 --> 00:34:02,669
This was murder.
910
00:34:03,837 --> 00:34:05,271
A woman in a lousy marriage
911
00:34:05,305 --> 00:34:08,074
fires six shots point-blank.
912
00:34:08,108 --> 00:34:10,476
Bang! Bang! Bang!
913
00:34:10,511 --> 00:34:12,646
Bang! Bang! Bang!
914
00:34:12,679 --> 00:34:14,515
That's not defense.
915
00:34:16,216 --> 00:34:17,283
No evidence
916
00:34:17,317 --> 00:34:18,719
of any shouting or fighting
917
00:34:18,752 --> 00:34:20,654
preceding the shooting.
918
00:34:20,687 --> 00:34:21,655
It just so happens
919
00:34:21,688 --> 00:34:22,656
the defendant visited
920
00:34:22,689 --> 00:34:23,724
a divorce attorney
921
00:34:23,757 --> 00:34:25,458
one month before.
922
00:34:25,491 --> 00:34:27,994
She explored getting out
of this marriage one way,
923
00:34:28,662 --> 00:34:29,863
she chose another.
924
00:34:30,797 --> 00:34:32,132
And as for this theory,
925
00:34:32,165 --> 00:34:33,667
she was defending the life
926
00:34:33,700 --> 00:34:34,868
of her unborn child.
927
00:34:34,901 --> 00:34:37,771
This fetus was eight weeks old.
928
00:34:37,804 --> 00:34:40,607
She previously aborted
a 17-week fetus.
929
00:34:40,641 --> 00:34:42,242
So let's not pretend
930
00:34:42,275 --> 00:34:43,810
that she considered it a person,
931
00:34:43,844 --> 00:34:45,746
and even if she did,
932
00:34:45,779 --> 00:34:47,247
the law doesn't.
933
00:34:48,248 --> 00:34:50,917
A nonviable fetus
is not a person.
934
00:34:50,951 --> 00:34:52,819
That's what the Supreme Court
has said.
935
00:34:52,853 --> 00:34:54,454
Now, she wants to say, "Hey,
936
00:34:54,487 --> 00:34:56,089
as far as she's concerned,
937
00:34:56,122 --> 00:34:56,957
it's a human being."
938
00:34:56,990 --> 00:34:59,560
Well, that is exactly
the rationale
939
00:34:59,593 --> 00:35:01,768
employed by people
who shoot doctors
940
00:35:01,802 --> 00:35:02,869
at abortion clinics.
941
00:35:03,737 --> 00:35:04,805
They're just protecting
942
00:35:04,838 --> 00:35:06,406
the lives of the unborn.
943
00:35:06,439 --> 00:35:08,241
Well, we don't let
those murderers
944
00:35:08,274 --> 00:35:09,309
get away with it,
945
00:35:09,342 --> 00:35:11,144
and we can't let this one.
946
00:35:12,813 --> 00:35:13,780
And finally...
947
00:35:15,315 --> 00:35:17,283
even should you choose
948
00:35:17,317 --> 00:35:18,819
to ignore the law,
949
00:35:18,852 --> 00:35:20,120
defy the Supreme Court,
950
00:35:20,153 --> 00:35:22,388
and find this fetus
to be a person,
951
00:35:22,422 --> 00:35:24,558
thereby affording
Mrs. Neilson
952
00:35:24,591 --> 00:35:26,793
her novel defense,
953
00:35:26,827 --> 00:35:28,394
her use of force
954
00:35:28,428 --> 00:35:30,230
has to be reasonable.
955
00:35:30,797 --> 00:35:33,266
It cannot be excessive.
956
00:35:34,067 --> 00:35:36,903
The victim here was unarmed.
957
00:35:36,937 --> 00:35:39,139
One shot was arguably excessive.
958
00:35:39,172 --> 00:35:40,907
She fired six,
959
00:35:41,608 --> 00:35:44,177
five after he lay on the floor.
960
00:35:46,112 --> 00:35:47,748
You see this man here?
961
00:35:48,549 --> 00:35:50,283
He was very much a person.
962
00:35:51,117 --> 00:35:53,720
This was a human being
963
00:35:55,021 --> 00:35:57,758
shot six times,
964
00:35:57,791 --> 00:35:59,159
point blank.
965
00:36:03,103 --> 00:36:04,738
She fired the one shot
966
00:36:04,771 --> 00:36:06,873
and impulsively kept squeezing.
967
00:36:06,907 --> 00:36:08,542
In her own testimony,
968
00:36:08,575 --> 00:36:11,077
she said her fingers convulsed
on the trigger.
969
00:36:11,111 --> 00:36:14,214
That testimony was not refuted.
970
00:36:14,247 --> 00:36:16,382
As for her consulting
with a divorce lawyer,
971
00:36:16,416 --> 00:36:17,684
that didn't just so happen.
972
00:36:17,718 --> 00:36:19,886
Of course,
she thought about divorce.
973
00:36:19,920 --> 00:36:21,021
The man was beating her,
974
00:36:21,054 --> 00:36:22,155
punching her in the stomach.
975
00:36:22,188 --> 00:36:23,223
She was pregnant,
976
00:36:23,256 --> 00:36:24,825
and talk to any pregnant woman.
977
00:36:24,858 --> 00:36:27,694
They don't point to their
stomach and say "the thing"
978
00:36:27,728 --> 00:36:28,795
or "the fetus."
979
00:36:29,462 --> 00:36:31,264
They call it "the baby"
980
00:36:31,297 --> 00:36:33,066
so don't tell me that
for any woman
981
00:36:33,099 --> 00:36:34,100
who's been pregnant
982
00:36:34,134 --> 00:36:36,036
that there isn't a life in play.
983
00:36:36,069 --> 00:36:37,270
This country
984
00:36:37,303 --> 00:36:39,606
spends millions of dollars
educating people
985
00:36:39,640 --> 00:36:41,808
on the importance
of prenatal care
986
00:36:41,842 --> 00:36:44,778
because we recognize that life,
987
00:36:44,811 --> 00:36:47,447
because parenting starts
with pregnancy,
988
00:36:47,480 --> 00:36:49,415
because the essence
of parenting
989
00:36:49,449 --> 00:36:50,817
is protecting the child,
990
00:36:50,851 --> 00:36:52,686
and that starts in the womb.
991
00:36:53,219 --> 00:36:55,421
She didn't have to consult
with the Supreme Court
992
00:36:55,455 --> 00:36:58,058
to know that she had a child
living inside her.
993
00:36:58,091 --> 00:36:59,626
Carrie Neilson
994
00:36:59,660 --> 00:37:01,801
was protecting her child
995
00:37:02,902 --> 00:37:04,538
and in case you didn't know,
996
00:37:04,571 --> 00:37:05,872
if the victim
997
00:37:05,905 --> 00:37:07,741
had killed that child
998
00:37:07,774 --> 00:37:08,808
with one of his punches,
999
00:37:08,842 --> 00:37:10,944
the state legally could
1000
00:37:10,977 --> 00:37:12,712
and would have charged him
with murder.
1001
00:37:13,680 --> 00:37:16,683
See, we prosecute those
who kill nonviable fetuses
1002
00:37:16,716 --> 00:37:18,985
unless it's by a legal abortion.
1003
00:37:19,018 --> 00:37:20,654
So it's disingenuous
1004
00:37:20,687 --> 00:37:22,055
for the state
to be saying to you,
1005
00:37:22,088 --> 00:37:24,457
"Hey, there is no life."
1006
00:37:27,528 --> 00:37:29,195
There was a life
1007
00:37:29,996 --> 00:37:32,065
and my client did
what she had to,
1008
00:37:32,098 --> 00:37:33,133
to save it.
1009
00:37:43,510 --> 00:37:44,811
KITTLESON: Okay,
1010
00:37:44,845 --> 00:37:45,979
members of the jury,
1011
00:37:46,012 --> 00:37:48,682
I am now going to give you
a set of instructions
1012
00:37:48,715 --> 00:37:50,483
before I send you back
to deliberate.
1013
00:37:51,151 --> 00:37:52,485
The most important one,
1014
00:37:52,519 --> 00:37:54,688
I'm going to say first and last
1015
00:37:54,721 --> 00:37:57,157
because you really need
to heed it.
1016
00:37:58,859 --> 00:38:01,635
For the purpose of this trial,
1017
00:38:01,668 --> 00:38:03,303
you are to consider
1018
00:38:03,336 --> 00:38:06,339
the fetus a human being.
1019
00:38:06,372 --> 00:38:08,742
That means the defendant
is entitled
1020
00:38:08,775 --> 00:38:11,344
to use force to defend it.
1021
00:38:14,047 --> 00:38:15,616
That was good, right?
1022
00:38:15,649 --> 00:38:17,417
That's the exact
instruction we wanted.
1023
00:38:17,450 --> 00:38:18,384
YOUNG: But they still
have to find
1024
00:38:18,418 --> 00:38:19,786
the force was reasonable,
1025
00:38:19,820 --> 00:38:21,287
and six shots is six shots.
1026
00:38:21,321 --> 00:38:23,389
They also might not be convinced
on your motive.
1027
00:38:23,423 --> 00:38:24,758
Well, how long
before--ah!
1028
00:38:25,458 --> 00:38:26,727
You okay?
1029
00:38:26,760 --> 00:38:29,563
I was contracting
all through the closings.
1030
00:38:29,596 --> 00:38:30,631
I could be in labor.
1031
00:38:30,664 --> 00:38:33,033
Well, let's get you
to a hospital then.
1032
00:38:33,066 --> 00:38:34,167
Don't I have to be here?
1033
00:38:34,200 --> 00:38:35,501
No, not for the reading
of the verdict.
1034
00:38:35,536 --> 00:38:36,369
Carrie, why take the risk?
1035
00:38:36,402 --> 00:38:37,303
Okay.
1036
00:38:40,306 --> 00:38:41,341
YOUNG: Guard?
1037
00:38:42,609 --> 00:38:44,044
How much more?
1038
00:38:44,077 --> 00:38:45,045
We don't know.
1039
00:38:45,078 --> 00:38:46,680
Mr. Sloan says it's a package
1040
00:38:46,713 --> 00:38:47,981
we'll be happy with.
1041
00:38:48,014 --> 00:38:49,750
So it sounds encouraging.
1042
00:38:49,783 --> 00:38:51,852
So this is good news.
1043
00:38:51,885 --> 00:38:53,386
BERLUTI: It's very good news.
1044
00:38:53,419 --> 00:38:55,255
We gave them two days.
1045
00:38:55,288 --> 00:38:57,323
We'll let you know as soon
as the offer comes in.
1046
00:38:57,991 --> 00:38:58,992
Okay.
1047
00:38:59,926 --> 00:39:01,067
Thank you.
1048
00:39:01,968 --> 00:39:03,436
Thank you very much.
1049
00:39:06,139 --> 00:39:07,541
I'm gonna go tell Virginia.
1050
00:39:07,574 --> 00:39:08,742
Okay.
1051
00:39:18,251 --> 00:39:19,820
Wow, huh?
1052
00:39:19,853 --> 00:39:22,288
I didn't appreciate you
springing that stuff
1053
00:39:22,322 --> 00:39:23,824
in the conference.
1054
00:39:23,857 --> 00:39:25,526
I didn't plan that.
1055
00:39:25,559 --> 00:39:26,893
I meant to tell you before,
1056
00:39:26,927 --> 00:39:28,629
but I overslept,
1057
00:39:28,662 --> 00:39:30,531
and then things looked like
they were going south.
1058
00:39:30,564 --> 00:39:31,698
You don't need to apologize.
1059
00:39:34,868 --> 00:39:36,269
Good work, Claire.
1060
00:39:37,270 --> 00:39:38,839
The idea of going to HUD,
1061
00:39:38,872 --> 00:39:40,707
the legwork,
1062
00:39:40,741 --> 00:39:43,443
getting ahold
of those documents
1063
00:39:43,476 --> 00:39:44,410
that was something.
1064
00:39:46,513 --> 00:39:47,714
It's called zeal.
1065
00:39:49,916 --> 00:39:51,952
You're a fine, young lawyer,
1066
00:39:51,985 --> 00:39:55,421
and, well, excellent job.
1067
00:39:56,923 --> 00:39:57,858
Thank you.
1068
00:40:04,004 --> 00:40:05,271
(door closes)
1069
00:40:13,213 --> 00:40:14,515
How long ago?
1070
00:40:14,548 --> 00:40:16,016
Jamie--
1071
00:40:16,049 --> 00:40:16,983
Thank you very much.
1072
00:40:19,219 --> 00:40:21,121
She's in full labor.
1073
00:40:21,154 --> 00:40:22,155
KITTLESON: Members of the jury,
1074
00:40:22,188 --> 00:40:23,223
have you reached a verdict?
1075
00:40:24,290 --> 00:40:25,225
We have, Your Honor.
1076
00:40:26,026 --> 00:40:27,360
KITTLESON: What say you?
1077
00:40:27,393 --> 00:40:28,762
FOREPERSON: On the matter
of the Commonwealth
1078
00:40:28,795 --> 00:40:30,063
versus Carrie Neilson
1079
00:40:30,096 --> 00:40:32,465
on the charge of murder
in the first-degree,
1080
00:40:32,498 --> 00:40:34,134
we find the defendant,
1081
00:40:34,167 --> 00:40:35,602
not guilty.
1082
00:40:35,636 --> 00:40:37,971
On the charge of murder
in the second-degree,
1083
00:40:38,004 --> 00:40:39,506
we find the defendant,
1084
00:40:40,040 --> 00:40:40,874
not guilty.
1085
00:40:42,175 --> 00:40:43,877
KITTLESON: This concludes
the jury's service.
1086
00:40:43,910 --> 00:40:46,412
You are dismissed
with the court's thanks.
1087
00:40:46,446 --> 00:40:47,814
We are adjourned.
1088
00:40:47,848 --> 00:40:49,816
(gavel bangs)
1089
00:40:56,523 --> 00:40:57,858
Congratulations.
1090
00:41:01,134 --> 00:41:02,202
You too.
1091
00:41:03,737 --> 00:41:04,838
Let's go tell Carrie.
1092
00:41:15,816 --> 00:41:17,283
Seven pounds, ten ounces.
1093
00:41:17,317 --> 00:41:18,418
Everybody's healthy?
1094
00:41:18,451 --> 00:41:19,986
NURSE: Mother and son
are doing fine.
1095
00:41:20,020 --> 00:41:21,287
The doctor will be out
in a second
1096
00:41:21,321 --> 00:41:22,556
and she said you could go in.
1097
00:41:22,589 --> 00:41:24,157
You told her she was acquitted?
1098
00:41:24,190 --> 00:41:25,826
NURSE: I did. She's ecstatic.
1099
00:41:25,859 --> 00:41:26,927
It'll just be a second.
1100
00:41:28,995 --> 00:41:30,897
Good day, I guess.
Yup.
1101
00:41:30,931 --> 00:41:33,567
WOMAN (over PA): Dr. Cullen,
to go to medicine.
1102
00:41:33,600 --> 00:41:35,135
I loved your closing,
by the way.
1103
00:41:36,002 --> 00:41:36,937
Thank you.
1104
00:41:39,072 --> 00:41:40,440
Listen,
1105
00:41:41,141 --> 00:41:43,844
if you still feel
like getting dinner
1106
00:41:43,877 --> 00:41:45,646
sometime later--
1107
00:41:47,914 --> 00:41:49,349
That'd be great.
1108
00:41:50,784 --> 00:41:52,285
Okay.
1109
00:41:53,286 --> 00:41:54,420
(door opens)
1110
00:41:56,189 --> 00:41:58,024
You can go in.
YOUNG: Thank you.
1111
00:41:58,058 --> 00:42:01,334
WOMAN (over PA):
Dr. Minder, call pediatric.
1112
00:42:02,636 --> 00:42:05,506
(music playing)
1113
00:42:09,075 --> 00:42:11,011
(giggles)
1114
00:42:24,891 --> 00:42:26,459
Now I see
why she wanted the trial
1115
00:42:26,492 --> 00:42:27,928
before she delivered.
1116
00:42:30,597 --> 00:42:32,566
(music playing)
1117
00:42:36,803 --> 00:42:38,705
It might not mean anything.
1118
00:42:39,806 --> 00:42:41,274
Nope.
1119
00:42:41,307 --> 00:42:42,242
Might not.
1120
00:42:53,386 --> 00:42:56,389
(music playing)
1121
00:43:19,485 --> 00:43:20,687
WOMAN: You stinker!
1122
00:43:20,921 --> 00:43:23,824
(music playing)
74368
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