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1
00:00:31,300 --> 00:00:33,535
- [woman] Morning, Jerry.
- Morning.
2
00:00:38,891 --> 00:00:41,543
- Miller, you going to AP Three?
- [Miller] Uh-huh.
3
00:00:41,644 --> 00:00:44,796
These are easy pleas.
Notes are on there. Thanks, man.
4
00:00:44,897 --> 00:00:47,416
Wait... What is...? Wha...?
5
00:00:48,567 --> 00:00:50,485
I'm starting the rape.
6
00:00:50,586 --> 00:00:53,421
- OK.
- In front of Kessler.
7
00:00:53,522 --> 00:00:56,357
- Do I remind you she doesn't like you?
- Because I won't kiss her ass.
8
00:00:56,592 --> 00:00:59,761
Just try to behave.
Every time you go off on her,
9
00:00:59,862 --> 00:01:01,679
I get called
to the principal's office.
10
00:01:01,780 --> 00:01:05,917
- And Jerry? Shave.
- Yes, Mother.
11
00:01:06,552 --> 00:01:09,071
Yo! Mr. Rich!
12
00:01:11,273 --> 00:01:14,692
- You know that hurts my feelings.
- You're wearing cuff links.
13
00:01:14,994 --> 00:01:18,647
- He's not.
- It's my everyday cuff links.
14
00:01:18,748 --> 00:01:20,799
Case coverage is yours,
Señor Swanky.
15
00:01:21,150 --> 00:01:24,336
Oh, come on. I got a jail
visit with my weenie whacker.
16
00:01:24,437 --> 00:01:26,537
- I told you to plead that.
- I'm tryin', Roz.
17
00:01:26,638 --> 00:01:30,224
- Who's got it?
- Marcus, but he won't make a deal.
18
00:01:30,325 --> 00:01:32,494
- Got notes on these?
- Adjourn the hookers,
19
00:01:32,595 --> 00:01:35,913
plead the DWI to the minimum, get
me four years on the burglary.
20
00:01:36,215 --> 00:01:38,834
You know, I could buy a car
for what that suit costs.
21
00:01:38,935 --> 00:01:43,288
You got a car. And I'd watch it.
Class rage makes me hot.
22
00:01:48,110 --> 00:01:50,011
Hey, are you ready?
23
00:01:51,247 --> 00:01:54,799
I got a no-forensics rape case
with a crappy family alibi.
24
00:01:54,900 --> 00:01:58,269
ADA won't listen to a word I say, so
in about an hour I'm gonna defend
25
00:01:58,371 --> 00:02:02,307
an innocent guy in front of a crazy judge.
What's not to be ready for?
26
00:02:08,865 --> 00:02:11,366
When the ID goes soft in a
DNA case it's one thing,
27
00:02:11,467 --> 00:02:15,170
but here it's all I've got.
So do I deal it out?
28
00:02:17,172 --> 00:02:18,406
Hello, Nick?
29
00:02:18,508 --> 00:02:20,992
Guy's a douchebag.
Get the scalp.
30
00:02:21,094 --> 00:02:23,478
Even though I think the cop
led her to a bad ID
31
00:02:23,579 --> 00:02:26,732
- and out-of-court's suppressed?
- Unless you think you'll lose,
32
00:02:26,833 --> 00:02:28,316
get the scalp, babe.
33
00:02:31,737 --> 00:02:33,137
What are you doing?
34
00:02:33,239 --> 00:02:35,323
[chuckles]
35
00:02:35,424 --> 00:02:39,227
Just daydreaming about
a heart-healthy breakfast:
36
00:02:39,328 --> 00:02:42,980
Two perfect swollen mounds
of creamy white yogurt,
37
00:02:43,081 --> 00:02:46,802
each topped with a pert,
succulent raisin.
38
00:02:46,903 --> 00:02:49,004
Have you heard of
a hostile work environment?
39
00:02:49,222 --> 00:02:53,892
Santucci v. Sussman.
Eighth Circuit, 1997.
40
00:02:54,093 --> 00:02:56,945
Even unusually vivid
descriptions of foodstuffs
41
00:02:57,046 --> 00:02:58,747
do not, as a matter of law,
42
00:02:58,848 --> 00:03:03,518
constitute harassment for
purposes of a Title Seven claim.
43
00:03:03,719 --> 00:03:05,720
- You're disgusting.
- Yes, I am.
44
00:03:06,105 --> 00:03:07,388
[chuckles]
45
00:03:08,691 --> 00:03:12,294
- Do you like sex, Nick?
- I do sex crimes, right?
46
00:03:12,395 --> 00:03:15,630
- Do you want to have sex with me?
- Daily.
47
00:03:15,731 --> 00:03:18,200
And you think
you can satisfy me?
48
00:03:20,552 --> 00:03:23,054
You strike me
as easy to please.
49
00:03:23,155 --> 00:03:26,173
- Really?
- Really.
50
00:03:27,543 --> 00:03:30,611
OK, then. Let's go.
51
00:03:31,780 --> 00:03:34,099
- Where?
- Right here. Right now.
52
00:03:34,200 --> 00:03:35,283
- Easy.
- Start your day right.
53
00:03:35,384 --> 00:03:37,752
- What're you doing?
- Let's take off your pants.
54
00:03:37,853 --> 00:03:39,671
- See what you've got.
- Not here.
55
00:03:39,672 --> 00:03:43,742
Come on, Nick. Fantasy time.
[giggles] Aren't I worth it?
56
00:03:43,843 --> 00:03:45,710
What're you doing?
[stammers] Wait...
57
00:03:45,811 --> 00:03:47,662
I gotta brief the DA
in five minutes.
58
00:03:47,847 --> 00:03:51,049
- I don't think you can last five.
- Rain check?
59
00:03:51,150 --> 00:03:52,684
[sighs]
60
00:03:52,785 --> 00:03:56,203
Nick, don't ever let
your great big head
61
00:03:56,304 --> 00:03:59,758
make promises your, um...
62
00:03:59,859 --> 00:04:02,677
- ...little bitty head can't keep.
- [grunts]
63
00:04:17,443 --> 00:04:20,311
[indistinct chattering]
64
00:04:20,412 --> 00:04:21,712
[elevator dings]
65
00:04:23,132 --> 00:04:24,249
Yo, Marcus!
66
00:04:24,350 --> 00:04:26,568
Talk fast, Jerry,
I got people to incarcerate.
67
00:04:26,669 --> 00:04:28,336
- That's not funny.
- It is.
68
00:04:28,437 --> 00:04:30,805
- You've got no sense of humor.
- That's great.
69
00:04:30,906 --> 00:04:33,641
Make fun of putting
your own people in prison.
70
00:04:33,742 --> 00:04:36,160
My people? Did you
seriously just say that?
71
00:04:36,261 --> 00:04:39,414
My people, Jerry, are the good
citizens of this fine city.
72
00:04:39,515 --> 00:04:43,384
Your clients, on the other hand, are criminals.
Yes, it's your people
73
00:04:43,485 --> 00:04:45,670
that terrorize my people.
Now...
74
00:04:45,771 --> 00:04:50,808
Go deal with whatever scumbag you're
defending and I'll see you tonight.
75
00:04:53,228 --> 00:04:55,497
Michelle! Talk to me.
76
00:04:58,767 --> 00:05:02,187
Forget it. I told you already,
there is no way my office lets me
77
00:05:02,288 --> 00:05:04,772
kick a rape case on some
public defender's say so.
78
00:05:04,873 --> 00:05:09,144
Michelle, I'm begging you.
My guy did not do this rape.
79
00:05:09,245 --> 00:05:11,012
- If you win this case...
- If?
80
00:05:11,263 --> 00:05:13,064
...you'll lock up
an innocent guy,
81
00:05:13,165 --> 00:05:15,967
orphan his kids,
widow his wife.
82
00:05:20,489 --> 00:05:24,158
I'll give you this much.
Maybe the out-of-court ID is a little shaky.
83
00:05:24,259 --> 00:05:27,712
Maybe the cop even pushed it.
But I gotta get something here.
84
00:05:27,747 --> 00:05:29,330
Give me something
I can live with.
85
00:05:29,431 --> 00:05:32,700
- I thought your guy was innocent.
- [sighs]
86
00:05:36,505 --> 00:05:37,989
OK, I'll kick the rape.
87
00:05:38,090 --> 00:05:41,009
Let him plead to the knife
as an E felony.
88
00:05:41,110 --> 00:05:43,278
He's got a prior,
one-and-a-half to three.
89
00:05:43,379 --> 00:05:45,630
- For a pocket knife?
- Don't mess with me.
90
00:05:45,731 --> 00:05:49,083
Court starts in ten minutes.
This is off the table in nine.
91
00:05:55,374 --> 00:05:57,559
Calvin, I ever tell you
to cop out in this case?
92
00:05:57,660 --> 00:05:59,728
No, man. Never.
93
00:06:01,263 --> 00:06:02,930
Well, I am now.
94
00:06:05,000 --> 00:06:07,369
I want you to take a plea.
95
00:06:08,504 --> 00:06:11,339
Right now. Today.
96
00:06:17,997 --> 00:06:19,947
'Cause...?
97
00:06:21,767 --> 00:06:24,669
'Cause the numbers are right.
98
00:06:24,770 --> 00:06:29,357
Because we got a crazy judge.
And no matter how innocent you are,
99
00:06:29,458 --> 00:06:31,208
we can lose this thing.
100
00:06:31,477 --> 00:06:34,245
I've been in 11 months
already, man.
101
00:06:34,346 --> 00:06:37,965
And you know
what's got me through it?
102
00:06:39,167 --> 00:06:42,019
The thought that I would
have my day in court.
103
00:06:42,120 --> 00:06:45,590
My chance at vindication.
That I'd walk out of here,
104
00:06:45,691 --> 00:06:49,594
my head held up high, look
at my babies and say, "See?
105
00:06:49,695 --> 00:06:53,064
I told you Daddy
didn't do it."
106
00:07:01,473 --> 00:07:03,975
All right, Calvin,
listen to me.
107
00:07:04,076 --> 00:07:06,845
They'll kick rape.
All you gotta plead to the knife.
108
00:07:06,946 --> 00:07:10,414
It's one-and-a-half to three years.
You're out of here, worst case,
109
00:07:10,516 --> 00:07:12,650
in a couple of months.
110
00:07:12,751 --> 00:07:17,404
If we lose this in court, Judge
Kessler is gonna max your ass.
111
00:07:17,505 --> 00:07:21,026
Trial tax, Cal.
112
00:07:21,127 --> 00:07:25,346
You can't afford 25 years
in interest and penalties.
113
00:07:26,782 --> 00:07:29,784
I do time for something I didn't
do by pleading to something
114
00:07:29,885 --> 00:07:32,387
that I did do that I
shouldn't do time for.
115
00:07:32,488 --> 00:07:35,240
That's what I'm telling you.
116
00:07:40,079 --> 00:07:43,581
Take this. Please.
117
00:07:51,657 --> 00:07:55,542
[bailiff] All rise.
The honorable Judge Trudy Kessler presiding.
118
00:07:58,663 --> 00:08:00,397
[door shuts]
119
00:08:18,066 --> 00:08:19,350
[clears throat]
120
00:08:34,866 --> 00:08:37,535
- [Trudy] Ms. Ernhardt.
- [clears throat]
121
00:08:37,603 --> 00:08:40,104
Your Honor, we have
a disposition of this matter.
122
00:08:40,205 --> 00:08:42,673
- Is that right, Mr. Kellerman?
- Yes.
123
00:08:42,774 --> 00:08:45,410
What is the proposed
disposition, Ms. Ernhardt?
124
00:08:45,511 --> 00:08:48,095
Attempted criminal possession
of weapon, third degree.
125
00:08:48,197 --> 00:08:50,682
A class E felony
and one-and-a-half to three.
126
00:08:50,783 --> 00:08:54,352
You propose to dismiss the rape
charges for purposes of disposition?
127
00:08:54,453 --> 00:08:56,888
- That's correct, Your Honor.
- Really?
128
00:08:56,989 --> 00:09:00,508
[laughs] Not in my courtroom.
I'm not gonna put a criminal on the street
129
00:09:00,609 --> 00:09:03,778
just to avoid a trial.
This isn't Let's Make A Deal.
130
00:09:03,828 --> 00:09:07,197
This is an agreed upon disposition.
Both sides believe...
131
00:09:07,549 --> 00:09:09,384
- I don't care, Mr. Kellerman.
- But...
132
00:09:09,485 --> 00:09:11,368
- Please. Be quiet.
- Excuse me.
133
00:09:11,687 --> 00:09:14,855
There are mitigating circumstances
we discussed before...
134
00:09:14,956 --> 00:09:20,245
Ms. Ernhardt, what part of "I
don't care" don't you understand?
135
00:09:21,463 --> 00:09:24,866
Mr. Hines is charged with rape.
He can plead to rape.
136
00:09:25,133 --> 00:09:29,103
I'll give him 20 years right now.
Or you can proceed to trial.
137
00:09:29,204 --> 00:09:31,805
Mr. Hines,
would you like 20 years?
138
00:09:33,442 --> 00:09:37,511
I didn't think so.
Trial will commence forthwith.
139
00:09:38,930 --> 00:09:42,684
George, you stabbed the guy 36
times and cut his penis off.
140
00:09:42,784 --> 00:09:45,220
- I was angry.
- Yeah, well,
141
00:09:45,321 --> 00:09:48,856
- "He pissed me off" isn't a defense.
- But self-defense is.
142
00:09:48,957 --> 00:09:52,860
- It was him or me. That's the case.
- True, but between your size,
143
00:09:52,961 --> 00:09:57,232
your record and
the, um, disfigurement,
144
00:09:57,333 --> 00:09:59,367
self-defense
is a tough sell here.
145
00:09:59,468 --> 00:10:01,736
Then you better be
a good salesman.
146
00:10:01,837 --> 00:10:03,837
The crime is consistent
with their theory.
147
00:10:03,938 --> 00:10:06,840
- Which is what?
- You were furious when you found out
148
00:10:06,942 --> 00:10:10,578
Damian was having an affair with
another man, and when he came home,
149
00:10:10,679 --> 00:10:13,914
you tied him to the bed, killed
him, then mutilated him.
150
00:10:14,015 --> 00:10:17,435
- They can't say that.
- They can and they will.
151
00:10:17,620 --> 00:10:20,154
- Then I'm not going to trial.
- George...
152
00:10:20,339 --> 00:10:23,758
Look, I did what I did, OK?
I'll live with that.
153
00:10:23,859 --> 00:10:27,311
But I will not let them talk
about me or him like that.
154
00:10:28,397 --> 00:10:30,798
I'll do the time.
Just get me a flat bid
155
00:10:30,899 --> 00:10:32,350
so I got a shot
of getting out, OK?
156
00:10:32,451 --> 00:10:36,203
I'll try, but unless you've got
something or someone you can give up,
157
00:10:36,388 --> 00:10:38,906
- [sighs] - I don't have
a lot to work with here.
158
00:10:39,007 --> 00:10:44,528
Hey, you've done a lot of time, George.
You gotta have something.
159
00:10:46,865 --> 00:10:51,018
Listen to me. I am not queer
and I am not a snitch.
160
00:10:51,119 --> 00:10:54,788
Even if it means manslaughter
and a parole date?
161
00:11:02,197 --> 00:11:04,715
- A snitch maybe.
- [door buzzer sounds]
162
00:11:04,816 --> 00:11:06,300
[door opens]
163
00:11:06,401 --> 00:11:07,535
[door shuts]
164
00:11:11,640 --> 00:11:13,224
[man] The way I figured it,
165
00:11:13,241 --> 00:11:16,261
the perpetrator had to come
from the same building.
166
00:11:16,362 --> 00:11:18,129
It seemed pretty clear to me.
167
00:11:18,230 --> 00:11:21,832
[Michelle] And, detective, based on
your investigation, what did you do?
168
00:11:21,933 --> 00:11:25,687
I got a picture of Mr.
Hines there and I showed it to the victim.
169
00:11:25,788 --> 00:11:27,572
And was she able to make
an identification?
170
00:11:27,839 --> 00:11:30,340
Yes, ma'am.
Right away.
171
00:11:31,376 --> 00:11:33,560
She took one look
and said, "That's him.
172
00:11:33,661 --> 00:11:35,679
That's the guy
who raped me."
173
00:11:38,734 --> 00:11:42,587
Ms. Harlow, when Detective Dougherty
showed you the defendant's picture,
174
00:11:42,688 --> 00:11:46,123
- what was your reaction?
- That was the man who raped me.
175
00:11:46,508 --> 00:11:49,894
- Objection!
- Overruled.
176
00:11:49,994 --> 00:11:54,048
Ms. Harlow, was this before or
after Detective Dougherty told you
177
00:11:54,149 --> 00:11:56,117
to take another look
at Mr. Hines?
178
00:11:56,118 --> 00:11:58,819
Detective Dougherty
never said that.
179
00:11:58,920 --> 00:12:00,488
May we approach?
180
00:12:06,928 --> 00:12:10,464
Judge, I can't let this continue.
Ms. Harlow has consistently said
181
00:12:10,565 --> 00:12:13,016
- initial identification was negative.
- He raped me!
182
00:12:13,117 --> 00:12:16,303
- You're prosecuting him...
- Be quiet, Ms. Harlow.
183
00:12:16,404 --> 00:12:18,205
I'll have you removed.
184
00:12:18,306 --> 00:12:20,541
She only made the ID
after Dougherty told her
185
00:12:20,642 --> 00:12:24,461
to "take a close look" at Mr. Hines.
It's why I agreed to the plea.
186
00:12:24,562 --> 00:12:25,813
You asked her the question.
187
00:12:26,114 --> 00:12:29,333
Sure I did, but I didn't expect
her to testify inconsistently.
188
00:12:29,434 --> 00:12:32,769
- You mean lie.
- Who's to say she's lying?
189
00:12:33,071 --> 00:12:37,091
Today she's saying Detective Dougherty
never pushed her. Testimony stands.
190
00:12:37,192 --> 00:12:38,893
Objection overruled.
191
00:12:38,994 --> 00:12:43,330
Ms. Ernhardt? Don't try to
impeach your own witness.
192
00:12:49,871 --> 00:12:51,706
[car honking]
193
00:12:51,973 --> 00:12:54,241
- They both lied?
- Dougherty I can understand.
194
00:12:54,342 --> 00:12:57,778
He's a cop looking to make a collar stick.
The victim?
195
00:12:57,879 --> 00:13:01,082
Excuse me? What about Kessler?
She knows the ID's iffy.
196
00:13:01,183 --> 00:13:03,117
She still won't take the plea.
197
00:13:03,218 --> 00:13:04,652
How can you sit still for that?
198
00:13:04,753 --> 00:13:06,820
- Don't go there, Roz.
- You got that bitch
199
00:13:06,921 --> 00:13:10,190
wrapped around your finger.
You know the case is crap.
200
00:13:10,191 --> 00:13:12,176
Tell her to back off.
201
00:13:12,277 --> 00:13:14,194
- I am court staff. Stop it.
- Also my friend.
202
00:13:14,296 --> 00:13:17,982
As your friend, I'm telling you
that if you have an inappropriate
203
00:13:18,083 --> 00:13:22,386
conversation with me about a case
pending in my judge's courtroom,
204
00:13:22,487 --> 00:13:26,023
I will report your ass.
You're on thin enough ice with her as it is.
205
00:13:26,124 --> 00:13:29,309
Unethical? Unethical? The cop lied!
Your judge is nuts!
206
00:13:29,410 --> 00:13:31,996
My client is innocent!
He'll still get convicted.
207
00:13:32,097 --> 00:13:34,464
What the hell kind
of ethics is that?
208
00:13:36,301 --> 00:13:38,119
Excuse me.
209
00:13:42,107 --> 00:13:44,659
- Touchy.
- Cute that he cares.
210
00:13:44,760 --> 00:13:46,510
Here.
211
00:13:47,579 --> 00:13:49,947
No, thanks. I'm not
feeling very sociable.
212
00:13:50,048 --> 00:13:52,917
Come on.
I'm buying you a drink.
213
00:13:53,018 --> 00:13:55,452
You guys in the DA's office
are unbelievable.
214
00:13:55,553 --> 00:13:59,940
You screw with people's lives all
day, and then come 5:00 it's like,
215
00:14:00,041 --> 00:14:02,877
"Hey, OK, school's out,
let's all get loaded together."
216
00:14:02,978 --> 00:14:04,211
- Here we go.
- Come on.
217
00:14:04,312 --> 00:14:06,581
We all go back too many
years. Lighten up.
218
00:14:06,682 --> 00:14:08,265
We do our job.
You do yours.
219
00:14:08,266 --> 00:14:11,986
- That's the system.
It's not personal. - You see? No.
220
00:14:12,087 --> 00:14:15,656
That's the problem with you all.
It is personal. It's very personal.
221
00:14:15,924 --> 00:14:18,642
My guy's looking at 25 years
for a rape he didn't do,
222
00:14:18,743 --> 00:14:23,814
everyone thinks I'm a jerk because I
can't have a drink and let it all go.
223
00:14:26,317 --> 00:14:29,737
[sighs] Excuse me.
I have a summation to write.
224
00:14:44,670 --> 00:14:46,403
It took him eight years.
225
00:14:47,305 --> 00:14:50,040
Eight years for Calvin Hines
226
00:14:50,225 --> 00:14:52,759
to make the life he wanted.
227
00:14:52,860 --> 00:14:57,064
A good job, a decent apartment,
228
00:14:57,165 --> 00:14:59,166
a loving wife...
229
00:15:00,836 --> 00:15:02,519
...happy kids.
230
00:15:04,889 --> 00:15:07,642
Eight years.
231
00:15:09,177 --> 00:15:11,445
And in a single instant...
232
00:15:13,849 --> 00:15:16,116
...all of it was gone.
233
00:15:16,117 --> 00:15:19,537
Stolen away
by a savvy detective,
234
00:15:19,638 --> 00:15:22,606
who manipulated a frightened,
vulnerable victim
235
00:15:22,791 --> 00:15:26,193
into making
a bad identification.
236
00:15:28,029 --> 00:15:29,997
No question
Ann Harlow was raped.
237
00:15:30,098 --> 00:15:34,351
No question that her violent
rape was a terrible tragedy.
238
00:15:34,452 --> 00:15:37,822
But if you convict
Calvin Hines,
239
00:15:37,923 --> 00:15:41,175
three more crimes will
have been committed here.
240
00:15:43,979 --> 00:15:46,713
One, against Ms. Harlow,
241
00:15:46,815 --> 00:15:50,450
because her rapist will never
be brought to justice.
242
00:15:51,719 --> 00:15:55,055
The second,
against Calvin Hines,
243
00:15:55,323 --> 00:15:59,827
who will be wrongly convicted
of a crime he did not commit.
244
00:16:01,380 --> 00:16:03,497
And the third
against all of us.
245
00:16:03,598 --> 00:16:07,033
Because a wrongful conviction
inflicts a grievous wound
246
00:16:07,135 --> 00:16:10,187
on our most sacred principle:
247
00:16:10,288 --> 00:16:12,222
The truth.
248
00:16:14,359 --> 00:16:19,913
Calvin's DNA is nowhere in or on Ann
Harlow because Calvin Hines is innocent.
249
00:16:21,733 --> 00:16:25,119
What you got here,
in this courtroom,
250
00:16:25,220 --> 00:16:29,589
was a lesson in how innocent
people wind up in prison.
251
00:16:29,691 --> 00:16:32,893
When Detective Dougherty only
showed Ann Harlow one photo,
252
00:16:33,045 --> 00:16:37,148
he left her no real choice.
She did exactly what he wanted her to do:
253
00:16:37,249 --> 00:16:40,016
She picked Calvin.
254
00:16:40,118 --> 00:16:44,037
That's not an identification.
255
00:16:44,138 --> 00:16:45,739
That's a lynching.
256
00:16:53,331 --> 00:16:55,165
A lynching?
257
00:16:59,137 --> 00:17:02,356
A lynching?
258
00:17:02,457 --> 00:17:06,760
Is that what we call it when a dogged
detective tracks down a rapist?
259
00:17:06,862 --> 00:17:10,263
Is that what we call it when a
rape victim has the courage
260
00:17:10,365 --> 00:17:13,367
to come into open court and
look her assailant in the eyes?
261
00:17:13,468 --> 00:17:17,537
OK, this may not have been the
best identification in the world,
262
00:17:17,772 --> 00:17:20,123
but Ann Harlow was
grabbed from behind,
263
00:17:20,224 --> 00:17:23,994
forced into her apartment
and brutally raped.
264
00:17:24,095 --> 00:17:27,297
And whether it was
one photo or a hundred,
265
00:17:27,499 --> 00:17:31,685
one was all it took:
the right one.
266
00:17:36,224 --> 00:17:40,026
Mr. Kellerman's right.
There's no DNA here.
267
00:17:40,127 --> 00:17:43,998
These days, rapists
tend to be more careful.
268
00:17:44,099 --> 00:17:48,686
So when you think about all the
evidence here, consider this:
269
00:17:48,787 --> 00:17:52,422
Is it really a surprise that when
they went to arrest Mr. Hines,
270
00:17:52,524 --> 00:17:54,558
he had a knife on him?
271
00:17:54,660 --> 00:17:59,196
And not just any knife,
a small folding knife.
272
00:17:59,297 --> 00:18:03,500
Exactly the type of weapon the
victim said her rapist used.
273
00:18:04,936 --> 00:18:08,556
Mr. Kellerman
calls that coincidence.
274
00:18:08,657 --> 00:18:12,760
I call it proof beyond
a reasonable doubt.
275
00:18:22,487 --> 00:18:25,072
[indistinct chattering]
276
00:18:26,958 --> 00:18:29,476
- I'm not asking for much.
- As far as I'm concerned,
277
00:18:29,577 --> 00:18:32,813
not much is too much.
I told you when I took this job, no favors.
278
00:18:32,914 --> 00:18:36,717
I'm making you an offer.
My guy is willing to rat out a serial rapist.
279
00:18:36,818 --> 00:18:40,204
Close the books on unsolved rapes
in exchange for man one and 20.
280
00:18:40,305 --> 00:18:43,457
- Not gonna happen.
- Dates, places, everything.
281
00:18:43,558 --> 00:18:45,792
Tell you what.
Give me a name, I'll get a warrant.
282
00:18:45,893 --> 00:18:49,363
And if it's as good as you say,
I'll give your weasel 25 flat.
283
00:18:49,464 --> 00:18:50,931
- Twenty.
- Take it or leave it.
284
00:18:51,216 --> 00:18:53,633
One thing. This guy doesn't
check, tell your client
285
00:18:53,734 --> 00:18:57,805
I will personally see that he is
buried in the yard at Attica.
286
00:19:00,024 --> 00:19:01,558
[Trudy] A central issue
in this case
287
00:19:01,659 --> 00:19:04,762
is the identification
made by Ms. Harlow.
288
00:19:04,763 --> 00:19:08,432
I instruct you that you must
carefully consider all the evidence
289
00:19:08,533 --> 00:19:10,417
regarding this identification,
290
00:19:10,518 --> 00:19:13,404
including the fact
that Detective Dougherty
291
00:19:13,571 --> 00:19:17,541
showed Ms. Harlow
only a single photograph.
292
00:19:17,642 --> 00:19:20,160
I have determined
as a matter of law
293
00:19:20,261 --> 00:19:22,496
that Detective
Dougherty's actions,
294
00:19:22,597 --> 00:19:24,948
by showing Ms. Harlow
only a single photograph,
295
00:19:25,049 --> 00:19:30,771
constituted an unduly suggestive
identification procedure.
296
00:19:30,872 --> 00:19:34,190
You must, therefore, consider
this fact in your evaluation
297
00:19:34,292 --> 00:19:37,728
of all the evidence presented
to you in this case.
298
00:19:37,829 --> 00:19:39,579
We just caught a huge break.
299
00:19:39,881 --> 00:19:42,483
[Trudy] You must prove the
defendant was correctly identified
300
00:19:42,834 --> 00:19:45,251
and committed
the crimes charged.
301
00:19:50,508 --> 00:19:52,459
Will the foreman please rise?
302
00:19:53,444 --> 00:19:56,196
Ladies and gentlemen,
have you reached a verdict?
303
00:19:56,297 --> 00:19:58,915
We have, Your Honor.
304
00:20:08,259 --> 00:20:10,627
Will the defendant please rise?
305
00:20:15,267 --> 00:20:19,403
[clerk] In the matter of The People of
The State of New York v. Calvin Hines,
306
00:20:19,504 --> 00:20:21,355
as to count one
of the indictment
307
00:20:21,456 --> 00:20:25,008
charging rape in the first
degree, what is your verdict?
308
00:20:25,009 --> 00:20:27,311
We find the defendant
not guilty,
309
00:20:27,412 --> 00:20:28,929
- Your Honor.
- Yes!
310
00:20:30,664 --> 00:20:32,516
[clerk] As to the second count,
311
00:20:32,517 --> 00:20:35,919
criminal possession of a
weapon in the third degree,
312
00:20:36,020 --> 00:20:37,955
what is your verdict?
313
00:20:38,055 --> 00:20:39,857
[man] Guilty, Your Honor.
314
00:20:39,958 --> 00:20:43,527
[Trudy] Thank you, ladies and gentlemen.
You've done great service.
315
00:20:43,628 --> 00:20:46,563
I really appreciate it.
You're discharged.
316
00:20:47,698 --> 00:20:48,799
No, no, no, no.
Don't worry.
317
00:20:48,900 --> 00:20:51,317
I'll have you home
before dinner. I promise.
318
00:20:54,172 --> 00:20:55,722
[exhales]
319
00:21:01,746 --> 00:21:03,731
With the acquittal
on the rape charge,
320
00:21:03,832 --> 00:21:06,516
weapons count must be
reduced to a misdemeanor.
321
00:21:06,617 --> 00:21:10,320
Since Mr. Hines has been
incarcerated for 11 months,
322
00:21:10,421 --> 00:21:14,924
more than he could serve on that
misdemeanor, he's entitled to release.
323
00:21:17,862 --> 00:21:20,647
Ms. Ernhardt?
324
00:21:20,748 --> 00:21:23,717
I think there's merit in
Mr. Kellerman's argument.
325
00:21:23,818 --> 00:21:25,235
Thank you, Ms. Ernhardt.
326
00:21:26,187 --> 00:21:28,555
[clears throat] Motion denied.
327
00:21:28,656 --> 00:21:30,623
Judge, there's ample law to...
328
00:21:30,724 --> 00:21:32,543
I should tell you,
Mr. Kellerman,
329
00:21:32,644 --> 00:21:35,712
that barring something surprising
on the probation report,
330
00:21:35,813 --> 00:21:39,883
I fully intend to sentence Mr.
Hines to the maximum on the felony:
331
00:21:39,984 --> 00:21:43,253
- Three-and-a-half to seven.
- Seven? For a pocket knife?
332
00:21:43,354 --> 00:21:47,057
The jury has spoken, Mr. Kellerman.
I intend to listen to them.
333
00:21:47,158 --> 00:21:49,343
- It's an inconsistent verdict!
- Please.
334
00:21:49,444 --> 00:21:52,629
We all know what
really happened here.
335
00:21:52,814 --> 00:21:56,883
What happened here is my client
got screwed by a racist system,
336
00:21:56,984 --> 00:21:59,936
- and most of all by you!
- I strongly caution you.
337
00:22:00,037 --> 00:22:04,391
Don't think 'cause you followed the law,
you're absolved. This was a sham.
338
00:22:04,492 --> 00:22:07,912
Trying a case here is like having
a prosecutor on the bench.
339
00:22:08,013 --> 00:22:11,798
That's it. You're in contempt.
Put him in with his client.
340
00:22:16,321 --> 00:22:19,023
Hands behind
your back, counselor.
341
00:22:24,545 --> 00:22:26,346
[rattles]
342
00:22:27,331 --> 00:22:28,998
Sit.
343
00:22:34,372 --> 00:22:36,839
You're going to prison, Tyrell.
344
00:22:39,560 --> 00:22:43,530
The only question for you is
whether you're ever coming out.
345
00:22:44,548 --> 00:22:48,502
- Sounds like I need a lawyer.
- Oh, you do.
346
00:22:48,603 --> 00:22:49,803
Bad.
347
00:22:49,904 --> 00:22:54,174
Maybe your lawyer can even
beat the DNA evidence.
348
00:22:55,392 --> 00:22:57,844
[sirens blaring in the distance]
349
00:22:57,945 --> 00:22:59,546
Where's my phone call?
350
00:23:05,053 --> 00:23:06,520
No lawyer in the world
351
00:23:06,621 --> 00:23:10,173
is gonna get you off
for 11 rapes, Tyrell.
352
00:23:10,274 --> 00:23:14,094
Make the call
and you will die inside.
353
00:23:14,195 --> 00:23:15,679
- Or?
- Or be a man
354
00:23:15,780 --> 00:23:19,749
and own what you did
and maybe catch a break.
355
00:23:20,417 --> 00:23:21,668
Everything, all of 'em.
356
00:23:21,769 --> 00:23:23,587
No. Not a chance, man.
357
00:23:23,688 --> 00:23:28,525
You'll plead four,
do your time in segregation
358
00:23:28,626 --> 00:23:30,643
and you'll be out
in time for retirement.
359
00:23:30,644 --> 00:23:33,780
- Man, you don't speak for the DA.
- I don't have to.
360
00:23:33,881 --> 00:23:36,700
You see that guy in
the corner? He is the DA.
361
00:23:39,054 --> 00:23:41,988
You do it straight,
I'll sign off today.
362
00:24:02,926 --> 00:24:05,345
- Hey.
- Hey.
363
00:24:06,514 --> 00:24:08,515
You OK?
364
00:24:08,616 --> 00:24:11,751
- I won, right?
- Yes, you did.
365
00:24:11,852 --> 00:24:13,520
How come I feel so lousy?
366
00:24:13,621 --> 00:24:16,323
Look, it isn't your fault
Jerry is a loose cannon.
367
00:24:17,525 --> 00:24:20,327
- Buy you a cup of coffee?
- No, thanks.
368
00:24:20,428 --> 00:24:25,432
Come on. Light, sweet, with
just a hint of bitterness.
369
00:24:25,533 --> 00:24:27,300
Thanks, Marcus.
370
00:24:31,372 --> 00:24:35,942
You know, even a busted
watch is right twice a day.
371
00:24:36,043 --> 00:24:37,977
What's that supposed to mean?
372
00:24:38,078 --> 00:24:41,748
We all know Jerry Kellerman's
got a Don Quixote complex.
373
00:24:41,849 --> 00:24:45,051
And it's not even my case,
so it's none of my business.
374
00:24:45,153 --> 00:24:46,786
You can do whatever you want.
375
00:24:46,887 --> 00:24:50,023
Are you coming in for a landing
anytime soon, Marcus?
376
00:24:50,124 --> 00:24:53,593
I think you may be sitting
on a bad conviction.
377
00:24:53,694 --> 00:24:56,647
- What do you mean?
- I cut a deal this morning with a guy,
378
00:24:56,748 --> 00:24:59,049
Tyrell Stevens, a real sicko.
379
00:24:59,150 --> 00:25:00,467
Anyway, he 'fessed
to a bunch of rapes.
380
00:25:00,568 --> 00:25:04,937
- I think one of them was yours.
- Mine? This one?
381
00:25:09,861 --> 00:25:14,497
The thing is they're only writing
him up for four of them.
382
00:25:16,100 --> 00:25:17,885
And mine's not one of them?
383
00:25:21,188 --> 00:25:22,656
Who made that decision,
Marcus? You?
384
00:25:22,923 --> 00:25:25,325
I'm talking out of school here.
385
00:25:25,593 --> 00:25:27,393
- Who made that call?
- The boss.
386
00:25:27,494 --> 00:25:30,597
He didn't want
to give up your win.
387
00:25:31,733 --> 00:25:35,318
Michelle, this really
can't come from me.
388
00:25:35,419 --> 00:25:36,520
You understand.
389
00:25:36,621 --> 00:25:38,889
Don't worry, Marcus,
I got your back.
390
00:25:43,294 --> 00:25:45,262
Why didn't you tell me
my case was bogus?
391
00:25:45,263 --> 00:25:49,449
You didn't think your case was bogus and
neither, incidentally, did the jury.
392
00:25:49,550 --> 00:25:52,302
You did nice work in there.
It's a good win.
393
00:25:52,403 --> 00:25:54,237
It's wrong.
I'm not comfortable.
394
00:25:54,505 --> 00:25:56,306
Come on.
You scalped a bad guy,
395
00:25:56,407 --> 00:25:59,143
won a trial and got
your adversary jailed.
396
00:25:59,244 --> 00:26:02,829
That, my dear,
is a clean sweep.
397
00:26:02,930 --> 00:26:06,283
And it doesn't bother you
that your so-called "bad guy"
398
00:26:06,384 --> 00:26:09,385
- is actually an innocent guy?
- If he didn't do this, trust me,
399
00:26:09,486 --> 00:26:11,721
he did something
we didn't get him for.
400
00:26:11,722 --> 00:26:14,357
We're supposed to follow
facts wherever they go.
401
00:26:14,458 --> 00:26:17,493
Facts of this case are saying
we convicted an innocent.
402
00:26:17,594 --> 00:26:19,746
- Let this go, Michelle.
- I can't. It's wrong.
403
00:26:19,847 --> 00:26:23,183
The guy's a skel. If you can't see
that, you're in the wrong job.
404
00:26:23,284 --> 00:26:26,787
The day I overlook inconvenient
truth because you say he's a skel,
405
00:26:26,888 --> 00:26:29,489
that's the day
I'm in the wrong job.
406
00:26:31,626 --> 00:26:33,894
- I think I should see the judge.
- Don't.
407
00:26:34,161 --> 00:26:36,313
You'll hurt yourself,
embarrass this office.
408
00:26:36,414 --> 00:26:39,966
The truth should never be an
embarrassment to this office.
409
00:26:40,067 --> 00:26:44,470
Michelle, put this in
the win column and move on.
410
00:26:55,215 --> 00:26:56,632
[door closes]
411
00:26:57,935 --> 00:27:01,571
- I need to see the judge, Charlie.
- Ms. Ernhardt, back so soon?
412
00:27:01,672 --> 00:27:05,141
Judge, I...
I made a mistake.
413
00:27:05,242 --> 00:27:08,795
Ms. Ernhardt, we can't do
anything ex-parte here.
414
00:27:08,896 --> 00:27:10,847
- Mr. Hines is innocent.
- Oh, please...
415
00:27:10,864 --> 00:27:14,134
- I've learned... - Ms.
Ernhardt, unless you'd like
416
00:27:14,235 --> 00:27:18,188
to join Kellerman, I advise you to be
quiet unless both parties are present.
417
00:27:18,289 --> 00:27:21,858
Shouldn't we get Kellerman since
we have to entertain this?
418
00:27:21,959 --> 00:27:25,078
Who knows? He might be
on good behavior by now.
419
00:27:25,179 --> 00:27:27,097
[scoffs]
420
00:27:27,198 --> 00:27:29,866
Fine. Call Corrections,
get him in here.
421
00:27:32,970 --> 00:27:36,373
Well, now that we've got
everyone together, Ms. Ernhardt,
422
00:27:36,474 --> 00:27:39,976
- what is the problem?
- Based on my own investigation,
423
00:27:40,077 --> 00:27:43,113
I've come to believe a suspect
we've arrested is responsible
424
00:27:43,214 --> 00:27:47,250
for the rape Mr. Hines is accused of.
Hines' innocence is all but certain.
425
00:27:47,351 --> 00:27:49,602
I can see why you're troubled.
426
00:27:49,787 --> 00:27:52,806
But seeing as the jury acquitted Mr.
Hines of the rape,
427
00:27:52,873 --> 00:27:56,342
I don't see how that's significant.
Justice it seems is done.
428
00:27:56,443 --> 00:27:57,627
What?!
429
00:27:57,728 --> 00:27:59,712
There is still
the knife charge.
430
00:27:59,813 --> 00:28:03,516
Of which he was found guilty, and for
which I will sentence him accordingly.
431
00:28:03,617 --> 00:28:08,004
That's the thing. Felony requires he
have unlawful intent to use the knife.
432
00:28:08,105 --> 00:28:10,524
If he's innocent of rape,
he couldn't have.
433
00:28:10,625 --> 00:28:13,009
A little late
for that argument, I think.
434
00:28:13,110 --> 00:28:15,995
Your Honor,
based on what I know,
435
00:28:16,096 --> 00:28:19,383
I intend to join Kellerman's
motion to set aside the verdict
436
00:28:19,484 --> 00:28:23,102
- as to the knife count.
- Really? And, Mr. Kellerman,
437
00:28:23,204 --> 00:28:27,107
- will you be making that motion?
- Absolutely, Your Honor.
438
00:28:27,208 --> 00:28:32,045
Well, the fact that the two of you
believe that doesn't mean I have to.
439
00:28:32,146 --> 00:28:34,314
The jury has spoken.
440
00:28:34,415 --> 00:28:37,183
I have no intention of second
guessing the reasoned judgment
441
00:28:37,284 --> 00:28:41,971
of 12 fine citizens of our community.
It's too late, Ms. Ernhardt.
442
00:28:41,972 --> 00:28:44,775
- Your motion is denied.
- You gotta be kidding!
443
00:28:44,876 --> 00:28:47,126
Mr. Kellerman, have you
learned nothing?
444
00:28:47,478 --> 00:28:50,012
The jury decides
what's true. Not you.
445
00:28:50,113 --> 00:28:54,985
And not you, Ms. Ernhardt.
Process creates truth.
446
00:28:56,603 --> 00:28:59,539
You can appeal me if you like,
but your motion is denied.
447
00:28:59,741 --> 00:29:01,508
An appeal's gonna take years.
448
00:29:01,608 --> 00:29:04,177
Hines will have served
his entire sentence.
449
00:29:04,278 --> 00:29:07,547
Process,
Mr. Kellerman, process.
450
00:29:07,648 --> 00:29:11,785
At least grant him bail pending appeal.
That's a legitimate part of the process.
451
00:29:11,886 --> 00:29:14,504
- Ms. Ernhardt?
- No opposition, judge.
452
00:29:14,605 --> 00:29:19,642
Fine. I'll grant bail
pending appeal. $50,000, cash.
453
00:29:21,362 --> 00:29:25,181
That's higher than the bail he
couldn't make before. That's not bail.
454
00:29:25,282 --> 00:29:27,534
He was presumed innocent
before.
455
00:29:27,635 --> 00:29:29,919
Now, he's been found
guilty by a jury.
456
00:29:30,188 --> 00:29:33,290
The amount of bail
is my sole discretion.
457
00:29:36,260 --> 00:29:37,427
[chuckles]
458
00:29:37,528 --> 00:29:40,463
You know what? You're a sadist.
You're a sadist in a robe.
459
00:29:40,564 --> 00:29:43,082
Do you really like
being in jail that much?
460
00:29:43,183 --> 00:29:46,703
I'd rather be in jail with Calvin
than free and a part of a system
461
00:29:46,704 --> 00:29:50,323
- that put him there.
- I'm happy to oblige you, counselor.
462
00:29:50,424 --> 00:29:52,209
Take him back.
463
00:30:11,796 --> 00:30:14,097
- [knocking]
- Come in.
464
00:30:15,733 --> 00:30:17,367
- Hi, Roz.
- Thanks for seeing me.
465
00:30:17,468 --> 00:30:19,335
My pleasure. Are you
going to the Bar Gala?
466
00:30:19,437 --> 00:30:22,738
- Anything to wear a party dress.
- [both laugh]
467
00:30:22,839 --> 00:30:24,157
Sit down.
468
00:30:24,258 --> 00:30:27,860
This is about
Kellerman, isn't it?
469
00:30:27,961 --> 00:30:29,996
He was out of line, Roz.
He was way out of line.
470
00:30:30,097 --> 00:30:34,433
OK, so a contempt citation, maybe.
But remand a public defender?
471
00:30:34,618 --> 00:30:36,936
- I believe in rules.
- As do I, Your Honor.
472
00:30:37,037 --> 00:30:39,756
This isn't about rules,
it's about discretion.
473
00:30:39,857 --> 00:30:42,709
My lawyers are under a
tremendous amount of pressure.
474
00:30:42,810 --> 00:30:45,044
I've been there. I was
a public defender myself.
475
00:30:45,346 --> 00:30:48,514
- You know how frustration can build up.
- That door swings both ways.
476
00:30:48,615 --> 00:30:51,817
Particularly cases where one
believes in a client's innocence.
477
00:30:51,918 --> 00:30:55,505
- What you believe shouldn't matter.
- But it does.
478
00:30:55,606 --> 00:31:00,360
- It shouldn't. It's unprofessional.
- It's human, judge.
479
00:31:00,461 --> 00:31:03,363
He's a great lawyer.
He's brash and passionate...
480
00:31:03,464 --> 00:31:05,615
He's rude. He's arrogant.
481
00:31:05,716 --> 00:31:09,736
He's always trying
to play the system.
482
00:31:09,837 --> 00:31:12,271
You might want to point out
that a simple apology
483
00:31:12,373 --> 00:31:15,524
- goes a long way in this life.
- I wish it were that simple.
484
00:31:15,826 --> 00:31:18,528
You don't have to
believe the words, Roz.
485
00:31:18,629 --> 00:31:20,797
You just have to say them.
486
00:31:20,898 --> 00:31:23,583
I'll see what I can do.
487
00:31:23,684 --> 00:31:24,968
[door buzzes]
488
00:31:34,745 --> 00:31:36,295
Sit.
489
00:31:43,003 --> 00:31:44,820
Are you all right?
490
00:31:47,191 --> 00:31:50,843
I get up in the dark.
I... go to bed in the dark.
491
00:31:50,944 --> 00:31:52,829
I ride the subway to work.
492
00:31:52,930 --> 00:31:56,249
I spend my life in hallways,
jails and courtrooms,
493
00:31:56,350 --> 00:31:59,185
and can't remember the
last time I took a walk.
494
00:31:59,287 --> 00:32:02,088
But other than that, I'm great.
495
00:32:02,189 --> 00:32:04,290
I need you free, Jerry.
496
00:32:04,391 --> 00:32:07,159
And as much as I might
like to right now,
497
00:32:07,160 --> 00:32:09,328
I can't afford to lose you
for another week.
498
00:32:09,430 --> 00:32:10,997
- Come on, Roz.
- Listen to me.
499
00:32:11,098 --> 00:32:12,716
I have personally
gone out on a limb
500
00:32:12,817 --> 00:32:14,901
by asking Kessler
to give you a chance.
501
00:32:15,002 --> 00:32:18,487
But you have to bite
the bullet and apologize.
502
00:32:18,588 --> 00:32:21,157
I can't.
503
00:32:22,476 --> 00:32:27,147
This is not a discussion.
It's an order.
504
00:32:27,248 --> 00:32:30,149
Our clients are not helped
when their lawyers are in jail.
505
00:32:30,484 --> 00:32:33,586
Go upstairs and
do the right thing.
506
00:32:35,256 --> 00:32:38,274
- Grovel.
- [chuckles]
507
00:32:38,609 --> 00:32:39,993
[handcuffs rattling]
508
00:32:44,515 --> 00:32:46,049
[sighs]
509
00:32:46,150 --> 00:32:49,502
I understand you have something
to say to me, Mr. Kellerman.
510
00:32:51,672 --> 00:32:53,873
Yes, Your Honor. I...
511
00:32:56,143 --> 00:32:59,979
I know there are times...
lots of times, probably...
512
00:33:00,080 --> 00:33:02,932
...when it seems like
it's all about me.
513
00:33:03,033 --> 00:33:06,135
Like, my rage or frustration
514
00:33:06,236 --> 00:33:08,838
makes it seem like I have
no respect for you,
515
00:33:08,939 --> 00:33:11,925
or for the system. But I do.
516
00:33:13,260 --> 00:33:16,162
I want to believe in justice.
517
00:33:16,263 --> 00:33:17,747
The problem is
518
00:33:17,848 --> 00:33:21,901
there's a decent citizen
in a jail cell downstairs...
519
00:33:22,136 --> 00:33:25,788
- I already heard your closing argument.
- I know. I'm sorry.
520
00:33:25,889 --> 00:33:27,957
What I'm trying
to make you understand...
521
00:33:28,058 --> 00:33:32,228
I understand very well, that judges
who might otherwise hear you,
522
00:33:32,329 --> 00:33:35,465
don't because you're
disrespectful and abrasive.
523
00:33:35,650 --> 00:33:39,019
While you think that your passion
justifies your intolerance,
524
00:33:39,219 --> 00:33:41,721
- you hurt your clients.
- Point taken, Your Honor.
525
00:33:42,005 --> 00:33:44,340
If you'd been
more accommodating,
526
00:33:44,441 --> 00:33:48,211
I might've released
Hines pending appeal.
527
00:33:48,312 --> 00:33:50,046
Punishing Calvin to get at me?
528
00:33:50,147 --> 00:33:52,148
I didn't quite
say that now, did I?
529
00:33:59,557 --> 00:34:02,575
What happened to you?
How did you go from being a judge
530
00:34:02,576 --> 00:34:06,495
- to a petty, spiteful tyrant?
- That's it!
531
00:34:06,596 --> 00:34:09,949
You have ten seconds to
apologize, mister, or else!
532
00:34:10,050 --> 00:34:14,871
- One Mississippi, two Mississippi...
- Get him out of here!
533
00:34:15,255 --> 00:34:17,974
I'm adding an all expense
paid ten-day trip to Rikers
534
00:34:17,975 --> 00:34:21,811
and a thousand-dollar fine
to your sentence.
535
00:34:21,912 --> 00:34:26,148
This is a joke!
You're a joke!
536
00:34:36,626 --> 00:34:38,794
Damn, Jerry, you're gonna be
in here longer than me.
537
00:34:38,895 --> 00:34:43,299
- Just apologize to the lady.
- What I said was the truth, every word.
538
00:34:43,400 --> 00:34:47,370
Don't trade freedom for the truth.
Cop out, get out. What you told me.
539
00:34:47,471 --> 00:34:49,922
I can't apologize.
540
00:34:51,258 --> 00:34:52,541
[classical music plays]
541
00:34:52,642 --> 00:34:55,111
[Trudy] When I was a public
defender, I never kidded myself
542
00:34:55,212 --> 00:34:58,865
that any of my clients
were actually innocent.
543
00:34:58,966 --> 00:35:02,001
I have become so cynical.
544
00:35:03,637 --> 00:35:05,939
Will you zip me up?
545
00:35:06,040 --> 00:35:08,875
You are not a cynic,
you're a realist.
546
00:35:08,976 --> 00:35:10,676
This isn't about
guilt or innocence.
547
00:35:10,861 --> 00:35:14,313
This isn't about Roz or Kellerman.
This is about you.
548
00:35:14,414 --> 00:35:17,433
I like it when it's about me.
549
00:35:17,534 --> 00:35:20,203
Realistically, what are
the only two things
550
00:35:20,304 --> 00:35:23,873
the judicial screening
committee cares about?
551
00:35:23,974 --> 00:35:26,309
- Bad press and reversals.
- Exactly.
552
00:35:26,410 --> 00:35:28,761
Do you think I'm at risk
of one or the other?
553
00:35:28,862 --> 00:35:30,496
I think Kellerman has a point.
554
00:35:30,597 --> 00:35:34,416
Between this verdict and holding him
in contempt, you're looking at both.
555
00:35:34,517 --> 00:35:37,503
"Public defender in contempt
while fighting for client?"
556
00:35:37,604 --> 00:35:40,440
- The tabs love that stuff.
- A jury convicted the guy.
557
00:35:40,541 --> 00:35:45,077
You don't want to look intemperate.
The political fallout's not worth it.
558
00:35:45,179 --> 00:35:48,815
- He's gotta learn some respect.
- Honestly, Jerry Kellerman
559
00:35:48,916 --> 00:35:53,269
isn't likely to learn that from
anyone on our side of the bench.
560
00:35:53,370 --> 00:35:56,239
If he gets shipped off
to Rikers tonight,
561
00:35:56,340 --> 00:35:59,192
we may have a real problem.
562
00:36:07,601 --> 00:36:10,302
- [smacking]
- [softly moans]
563
00:36:12,006 --> 00:36:14,674
You have the softest lips.
564
00:36:18,946 --> 00:36:21,447
And the most magical mouth.
565
00:36:28,939 --> 00:36:32,091
Yo, Kellerman.
Let's go. You're sprung.
566
00:36:32,359 --> 00:36:33,676
[keys rattle]
567
00:36:34,010 --> 00:36:35,728
[door opens]
568
00:36:42,235 --> 00:36:43,636
Go.
569
00:36:46,473 --> 00:36:50,176
And I need Hines, Calvin Hines!
570
00:36:52,462 --> 00:36:55,297
Let's move it.
571
00:36:55,398 --> 00:36:57,566
I got two comin' out.
572
00:37:01,505 --> 00:37:05,474
[jazz music playing]
573
00:37:10,013 --> 00:37:12,865
[indistinct chattering]
574
00:37:20,740 --> 00:37:23,343
[laughter]
575
00:37:23,444 --> 00:37:26,529
I tell my attorneys that we are
held to a higher standard.
576
00:37:26,630 --> 00:37:30,166
That we are finders of fact,
577
00:37:30,267 --> 00:37:32,118
wherever the facts take us.
578
00:37:32,219 --> 00:37:36,488
And if the facts dictate
innocence, so be it.
579
00:37:38,992 --> 00:37:40,092
[groans]
580
00:37:40,193 --> 00:37:41,594
I continually stress
581
00:37:41,695 --> 00:37:44,597
that the truth should
never be an embarrassment
582
00:37:44,698 --> 00:37:46,699
- to our office.
- [scoffs]
583
00:37:46,800 --> 00:37:48,167
Bourbon, double. Two.
584
00:37:48,302 --> 00:37:51,988
- So Larry tells me you're an actress?
- Mm-hmm.
585
00:37:52,089 --> 00:37:54,840
- That's fantastic.
- [woman giggles]
586
00:37:54,941 --> 00:37:57,927
- You are one crazy SOB.
- [Roz] I'm glad you're out.
587
00:37:58,028 --> 00:37:59,779
Yeah.
Jail? Not so great.
588
00:38:00,164 --> 00:38:03,366
- Hey, brother.
- I can't believe you apologized to her.
589
00:38:03,467 --> 00:38:06,986
- Apologize? I didn't apologize.
- You didn't?
590
00:38:07,087 --> 00:38:08,804
- Hell, no.
- You bust out?
591
00:38:08,905 --> 00:38:11,674
- I'm not hiding you.
- I'm not on the lam.
592
00:38:11,775 --> 00:38:13,543
Not on the lam.
Something to aspire to.
593
00:38:13,644 --> 00:38:15,444
How'd you find out
my guy was innocent?
594
00:38:15,545 --> 00:38:18,298
One of our DA's
pled out a serial rapist.
595
00:38:18,399 --> 00:38:21,167
He copped to four of the 11
in return for 25 years.
596
00:38:21,435 --> 00:38:25,555
- And one of the other seven was mine.
- That's correct.
597
00:38:25,656 --> 00:38:28,340
This other DA came to you out
of the goodness of his heart.
598
00:38:28,675 --> 00:38:31,110
- Something like that.
- It was you?
599
00:38:32,328 --> 00:38:35,264
- No, it wasn't.
- [laughter]
600
00:38:38,385 --> 00:38:40,653
Excuse me a moment.
601
00:38:44,425 --> 00:38:46,592
Jerry, what
a pleasant surprise.
602
00:38:47,777 --> 00:38:50,880
What happened, Charlie?
How'd I get out?
603
00:38:50,981 --> 00:38:55,951
- Cooler heads prevailed.
- What did you do?
604
00:38:56,052 --> 00:38:58,954
Let's just say that in spite
of your boorish behavior,
605
00:38:59,055 --> 00:39:02,124
the judge is not an altogether
unreasonable woman.
606
00:39:02,225 --> 00:39:05,795
- What about Calvin?
- Motion to reduce granted.
607
00:39:05,896 --> 00:39:08,898
Sentenced to time served.
Cut slip issued.
608
00:39:08,999 --> 00:39:11,834
- It's over and done with, Jerry.
- Hi. Lovely to see you.
609
00:39:11,935 --> 00:39:14,670
He's probably home
with his family by now.
610
00:39:18,842 --> 00:39:23,546
- Hello. It's lovely to see you.
- You're a real friend, Charlie.
611
00:39:25,716 --> 00:39:27,283
You have no idea, buddy.
612
00:39:30,554 --> 00:39:31,887
None.
613
00:39:31,988 --> 00:39:34,557
Excuse me, I'm being summoned.
614
00:39:36,693 --> 00:39:38,594
Clerk's life, baby.
615
00:39:40,864 --> 00:39:45,634
- Pleasant dreams, counselor.
- See you in court, judge.
616
00:39:50,723 --> 00:39:53,976
- It was you, wasn't it?
- Was me what?
617
00:39:54,077 --> 00:39:56,128
Who told Michelle my guy
didn't do the rape.
618
00:39:56,229 --> 00:39:59,765
- Why can't you just drop it?
- Yeah, see, because it sucks, Marcus.
619
00:39:59,866 --> 00:40:03,036
That's why. Blind luck
should not determine
620
00:40:03,137 --> 00:40:05,738
whether an innocent man
goes free or not.
621
00:40:05,839 --> 00:40:09,191
- Hey, guys, I gotta go.
- You got a hot date?
622
00:40:09,292 --> 00:40:11,677
Sizzling.
623
00:40:11,945 --> 00:40:15,248
- Good night, Roz.
- Stay. Have a drink with me.
624
00:40:15,349 --> 00:40:18,150
- I have to go.
- No, you don't.
625
00:40:18,251 --> 00:40:20,803
Richard, you work for me,
you wear cuff links
626
00:40:20,904 --> 00:40:23,455
and I'm old enough
to be your older sister.
627
00:40:24,925 --> 00:40:27,192
If I quit,
would it be different?
628
00:40:27,294 --> 00:40:29,629
Maybe, but you're not
gonna quit.
629
00:40:29,730 --> 00:40:33,532
Besides, your clients need you
a whole lot more than I do.
630
00:40:34,867 --> 00:40:36,034
Liar.
631
00:40:38,505 --> 00:40:40,272
[smacks]
632
00:40:44,144 --> 00:40:47,546
[dance music playing]
633
00:40:47,647 --> 00:40:50,415
[indistinct chattering]
634
00:40:57,241 --> 00:40:58,791
Refill?
635
00:41:00,560 --> 00:41:01,927
No, I'm all right.
636
00:41:02,028 --> 00:41:05,113
Recharge?
637
00:41:08,518 --> 00:41:10,286
Maybe.
638
00:41:11,087 --> 00:41:15,707
- Long day?
- Yeah.
639
00:41:18,695 --> 00:41:20,696
So...
640
00:41:37,614 --> 00:41:39,514
[♪ Vega4: Life Is Beautiful ]
641
00:41:39,616 --> 00:41:43,886
♪ Life is beautiful ♪
642
00:41:46,573 --> 00:41:52,912
♪ We love until we die ♪
643
00:42:09,295 --> 00:42:14,000
The part I can't get over is that
even when you win, you lose.
644
00:42:16,169 --> 00:42:19,204
Calvin spends 11 months in jail
for a crime he didn't do,
645
00:42:19,305 --> 00:42:21,908
- gets acquitted of the rape
- [shower running]
646
00:42:22,009 --> 00:42:23,943
and then she's actually
gonna give him
647
00:42:24,044 --> 00:42:26,512
- seven more years.
- [Water shuts off]
648
00:42:26,613 --> 00:42:28,280
[Michelle] Towel.
649
00:42:28,381 --> 00:42:32,384
How're you... how are you supposed
to fight in a system like that?
650
00:42:36,523 --> 00:42:41,060
I don't know. Why savor victory
when you can wallow in defeat?
651
00:42:48,718 --> 00:42:53,422
Hey.
You didn't fail, Jerry.
652
00:42:54,190 --> 00:42:57,326
Calvin knows it.
I know it.
653
00:42:57,427 --> 00:43:00,395
The only person that doesn't
seem to know it is you.
654
00:43:02,249 --> 00:43:04,583
♪ Life ♪
655
00:43:04,684 --> 00:43:08,203
♪ Is beautiful ♪
656
00:43:09,872 --> 00:43:14,442
♪ But it's complicated ♪
657
00:43:14,543 --> 00:43:18,996
♪ We barely make it ♪
658
00:43:19,097 --> 00:43:22,550
♪ We don't need ♪
659
00:43:23,685 --> 00:43:27,021
♪ To understand ♪
660
00:43:28,623 --> 00:43:32,760
♪ There are miracles... ♪
661
00:43:53,007 --> 00:44:04,007
Rip by spyderspyder
Sync by honeybunny www.addic7ed.com
662
00:44:04,057 --> 00:44:08,607
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