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1
00:00:06,446 --> 00:00:09,753
Thanks for picking me up
from work.
2
00:00:09,797 --> 00:00:10,928
No problem.
3
00:00:11,973 --> 00:00:13,496
Do me a favor, little brother.
4
00:00:13,540 --> 00:00:15,890
Pull over up there.
I need to cash my paycheck.
5
00:00:15,933 --> 00:00:17,935
You think it's still open?
It's kind of late.
6
00:00:17,979 --> 00:00:19,807
Trust me, it's open.
7
00:00:19,850 --> 00:00:21,069
Just pull over.
8
00:00:21,113 --> 00:00:23,158
And wait in the car.
9
00:00:29,425 --> 00:00:31,340
♪ So there's no reason
10
00:00:31,384 --> 00:00:32,994
♪ That a man and another man
can't elope ♪
11
00:00:33,038 --> 00:00:35,301
♪ But if you feel like I feel,
I got the antidote... ♪
12
00:00:35,344 --> 00:00:37,303
♪ Hey, must be the money...♪
13
00:00:37,346 --> 00:00:38,608
♪ I met you
14
00:00:38,652 --> 00:00:40,349
♪ I think I dreamed you
15
00:00:40,393 --> 00:00:44,353
♪ Into life
16
00:00:44,397 --> 00:00:46,355
♪ I knew I loved you
17
00:00:46,399 --> 00:00:48,009
Just drive, man. Just go.
18
00:00:48,053 --> 00:00:50,011
♪ Before I met you
19
00:00:50,055 --> 00:00:52,970
What are you doing?
Go fast.
20
00:00:53,014 --> 00:00:55,712
♪ I have been waiting
all my life ♪
21
00:00:55,756 --> 00:00:58,715
♪ Ooh
22
00:00:58,759 --> 00:00:59,977
You okay?
23
00:01:00,021 --> 00:01:01,675
Just drive, man.
24
00:01:01,718 --> 00:01:04,025
Just drive.
25
00:01:06,027 --> 00:01:07,898
[birds chirping]
26
00:01:11,946 --> 00:01:15,123
Dad, these expire today.
27
00:01:16,168 --> 00:01:18,518
It's fine, honey.
28
00:01:19,562 --> 00:01:20,911
Come on.
29
00:01:20,955 --> 00:01:22,696
I wouldn't feed you
spoiled meat.
30
00:01:22,739 --> 00:01:26,134
Mom told me you used to cut mold
off food and eat around it.
31
00:01:26,178 --> 00:01:28,136
Well, maybe when I was a kid.
32
00:01:28,180 --> 00:01:29,920
And I turned out okay, didn't I?
33
00:01:29,964 --> 00:01:31,444
[laughs]
34
00:01:31,487 --> 00:01:32,923
[doorbell rings]
35
00:01:32,967 --> 00:01:35,230
Kristen, the door!
36
00:01:36,884 --> 00:01:38,233
[doorbell rings]
37
00:01:41,497 --> 00:01:43,978
Afternoon, ma'am.
38
00:01:44,021 --> 00:01:45,327
We're looking for George Brown.
39
00:01:45,371 --> 00:01:47,242
I think you must have
the wrong house.
40
00:01:47,286 --> 00:01:48,896
Nobody named George Brown
lives here.
41
00:01:48,939 --> 00:01:50,941
George Brown?
42
00:01:50,985 --> 00:01:53,422
Are you addressing me?
43
00:01:53,466 --> 00:01:55,076
My name's James Grayson.
44
00:01:55,120 --> 00:01:57,383
Yeah, I'm sure you're
right, Mr. Grayson.
45
00:01:57,426 --> 00:01:59,341
Mix-ups happen all the time.
Could I trouble you
46
00:01:59,385 --> 00:02:00,864
to come down to the local
police station with us
47
00:02:00,908 --> 00:02:02,257
so we can clear this up?
48
00:02:03,302 --> 00:02:05,391
I was barbecuing out back.
49
00:02:05,434 --> 00:02:08,045
I mean, is this important?Actually, we have
50
00:02:08,089 --> 00:02:09,873
an arrest warrant
for George Brown
51
00:02:09,917 --> 00:02:11,484
for a murder
in Staten Island.
52
00:02:11,527 --> 00:02:14,356
Thing is, all the authorities
involved think he lives here.
53
00:02:14,400 --> 00:02:16,053
I think they think he's you.
54
00:02:16,097 --> 00:02:19,361
Pretty sure you're gonna want to
come with us and clear this up.
55
00:02:19,405 --> 00:02:20,493
Look, I-I don't know
what's going on,
56
00:02:20,536 --> 00:02:21,755
but he's not George Brown.
57
00:02:21,798 --> 00:02:24,279
He's Jim Grayson. James Grayson.
58
00:02:24,323 --> 00:02:28,196
Ma'am, I'd like you
to lower your voice and back up.
59
00:02:30,242 --> 00:02:32,592
Mr. Grayson, you have
a nice family here.
60
00:02:32,635 --> 00:02:34,507
You live in
a nice neighborhood.
61
00:02:34,550 --> 00:02:37,205
Don't make me come back with
sirens and lights and...
62
00:02:37,249 --> 00:02:39,990
Let's just clear this up.
63
00:02:40,034 --> 00:02:41,383
Are you sure they know
64
00:02:41,427 --> 00:02:42,776
we're just here
to file a motion?
65
00:02:42,819 --> 00:02:44,212
We've been sitting here
over an hour.
66
00:02:44,256 --> 00:02:45,822
Yeah, I've spoken
to everybody.
67
00:02:45,866 --> 00:02:48,042
They all know
why we're here.
68
00:02:48,085 --> 00:02:50,262
The next arraignment
is for George Brown.
69
00:02:50,305 --> 00:02:52,264
The defendant doesn't have
a lawyer. Mr. Colón.
70
00:02:52,307 --> 00:02:54,396
Would you be so kind
71
00:02:54,440 --> 00:02:56,485
as to stand in
for Mr. Brown's arraignment?
72
00:02:56,529 --> 00:02:59,923
I love the way they make it
sound like you have a choice.
73
00:02:59,967 --> 00:03:01,708
[chuckles]
Yeah.
74
00:03:01,751 --> 00:03:03,971
I'd be, uh, happy to,
Your Honor.
75
00:03:05,015 --> 00:03:06,974
Okay, uh...
76
00:03:07,017 --> 00:03:09,629
any family members here
for George Brown?
77
00:03:09,672 --> 00:03:10,978
I'm his wife.
78
00:03:12,545 --> 00:03:15,591
I didn't know judges could
just assign lawyers like that.
79
00:03:15,635 --> 00:03:16,766
Are you our lawyer now?
80
00:03:16,810 --> 00:03:19,421
No. No, I'm just standing in
81
00:03:19,465 --> 00:03:21,989
until your husband
gets his own attorney.
82
00:03:22,032 --> 00:03:23,991
We only have a few minutes
83
00:03:24,034 --> 00:03:25,297
to try to argue bail.
84
00:03:25,340 --> 00:03:26,602
Is your husband employed?
85
00:03:26,646 --> 00:03:28,604
If so, where?
86
00:03:28,648 --> 00:03:30,302
Uh, what's your family life
like? Does he have any friends?
87
00:03:30,345 --> 00:03:33,740
Yes. He owns a restaurant.
88
00:03:33,783 --> 00:03:36,133
He's a devoted father.
We have three kids.
89
00:03:36,177 --> 00:03:38,310
He's in a bowling league.
What else can I tell you?
90
00:03:38,353 --> 00:03:40,529
We just need to establish that
he has roots in the community.
91
00:03:40,573 --> 00:03:42,052
They want to make sure
he's not a flight risk.
92
00:03:42,096 --> 00:03:44,403
So, the police
arrested your husband
93
00:03:44,446 --> 00:03:48,189
after looking for this murderer
for 18 years?
94
00:03:48,233 --> 00:03:50,365
Mrs. Grayson, it doesn't seem
95
00:03:50,409 --> 00:03:52,237
like the kind of thing
they would do baselessly.
96
00:03:52,280 --> 00:03:54,021
I don't know what to tell you.
97
00:03:54,064 --> 00:03:55,501
I haven't slept for two days.
98
00:03:55,544 --> 00:03:57,111
I just want my husband
to come home.
99
00:03:57,154 --> 00:04:01,246
Look, my kids just want
their dad to come home.
100
00:04:03,770 --> 00:04:05,859
[mouths]
101
00:04:09,341 --> 00:04:10,907
Are you my lawyer?
102
00:04:10,951 --> 00:04:13,867
For the purpose of
this brief hearing.
103
00:04:13,910 --> 00:04:14,998
How bad is it?
104
00:04:15,042 --> 00:04:16,913
It's pretty bad.
105
00:04:16,957 --> 00:04:19,786
You're being charged with
a count of felony murder.
106
00:04:19,829 --> 00:04:23,093
You're looking at
25 years to life.
107
00:04:23,137 --> 00:04:25,748
But all I did
was drive a car.
108
00:04:25,792 --> 00:04:28,098
Please state your name
for the court record.
109
00:04:37,847 --> 00:04:39,501
George Brown.
110
00:04:39,545 --> 00:04:41,416
JUDGE:
How do you plead?
111
00:04:41,460 --> 00:04:44,245
BENNY: Your Honor, we'd like to
enter a plea of not guilty.
112
00:04:44,289 --> 00:04:47,030
George Brown is a family man,
father of three,
113
00:04:47,074 --> 00:04:48,771
community volunteer,
114
00:04:48,815 --> 00:04:50,817
small business owner,
115
00:04:50,860 --> 00:04:52,340
and he employs seven
people in New Jersey.
116
00:04:52,384 --> 00:04:55,038
PELUSO:
Your Honor, 18 years ago,
117
00:04:55,082 --> 00:04:56,518
George Brown was
the getaway driver
118
00:04:56,562 --> 00:05:00,000
in a robbery at a Fast Cash
Express check cashing store.
119
00:05:00,043 --> 00:05:01,915
His coconspirator
and older brother,
120
00:05:01,958 --> 00:05:04,787
Richard Brown,
held up a 25-year-old man
121
00:05:04,831 --> 00:05:07,137
by the name of Kirk
Getty at gunpoint.
122
00:05:07,181 --> 00:05:09,270
He tied him up, gagged him,
123
00:05:09,314 --> 00:05:11,316
and Mr. Getty
asphyxiated to death.
124
00:05:11,359 --> 00:05:15,798
The older Mr. Brown stole $8,000
and fled the scene of the crime.
125
00:05:15,842 --> 00:05:18,888
George Brown
drove the getaway vehicle.
126
00:05:18,932 --> 00:05:21,064
Police arrested
Richard, or Rick,
127
00:05:21,108 --> 00:05:23,153
a short while later.
128
00:05:23,197 --> 00:05:25,373
He was captured on tape
calling George
129
00:05:25,417 --> 00:05:27,593
to tell him where
the stolen money was hidden
130
00:05:27,636 --> 00:05:30,030
and to take the money and flee.
131
00:05:30,073 --> 00:05:33,250
And apparently started a
new life as Jim Grayson.
132
00:05:33,294 --> 00:05:36,036
Did you know he had a brother?No. No. No.
133
00:05:36,079 --> 00:05:38,430
George Brown has been
a fugitive from justice
134
00:05:38,473 --> 00:05:40,040
for 18 years, Your Honor.
135
00:05:40,083 --> 00:05:41,650
His fingerprints,
136
00:05:41,694 --> 00:05:43,260
lifted from the gun
used in the robbery,
137
00:05:43,304 --> 00:05:44,653
were in the system
138
00:05:44,697 --> 00:05:46,829
and finally flagged in
New Jersey a few days ago.
139
00:05:46,873 --> 00:05:49,179
He's clearly a flight risk.
140
00:05:49,223 --> 00:05:51,051
And that is why we are
strenuously requesting
141
00:05:51,094 --> 00:05:53,706
that the Court
deny Mr. Brown bail.
142
00:05:53,749 --> 00:05:55,490
So ordered.
143
00:05:55,534 --> 00:05:57,362
The defendant
is remanded into custody.
144
00:06:06,066 --> 00:06:08,285
I'm so sorry.
145
00:06:08,329 --> 00:06:10,418
So, what happens now?
146
00:06:10,462 --> 00:06:13,639
Now you need to find
a good criminal lawyer,
147
00:06:13,682 --> 00:06:16,206
someone who knows their
way around felony murder.
148
00:06:16,250 --> 00:06:18,426
And where do we find
one of those?
149
00:06:18,470 --> 00:06:21,429
When I get back to my office,
I'll e-mail you a few names.
150
00:06:21,473 --> 00:06:24,127
And what about
the two of you?
151
00:06:24,171 --> 00:06:27,043
Have you ever defended someone
charged with felony murder?
152
00:06:27,087 --> 00:06:28,436
Yes.
153
00:06:28,480 --> 00:06:30,395
And did you win?
154
00:06:30,438 --> 00:06:31,787
Yes.
155
00:06:31,831 --> 00:06:33,963
So why don't we start with you.
156
00:06:34,007 --> 00:06:37,184
After the fantastic job
we just did for you here?
157
00:06:37,227 --> 00:06:39,665
Apparently, he's been
making them look like fools
158
00:06:39,708 --> 00:06:41,144
for almost 20 years.
159
00:06:41,188 --> 00:06:43,582
I don't think Johnnie Cochran
could have gotten him off.
160
00:06:43,625 --> 00:06:45,192
We own a restaurant.
161
00:06:45,235 --> 00:06:46,976
We can pay you.
162
00:06:47,020 --> 00:06:49,196
Just meet with him.
163
00:06:49,239 --> 00:06:50,806
Listen to his side
of the story.
164
00:06:50,850 --> 00:06:53,505
And then if it's not for you...
165
00:06:55,550 --> 00:06:57,160
I'll give him ten minutes.
166
00:06:57,204 --> 00:06:59,946
Thank you.
Thank you so much.
167
00:07:01,730 --> 00:07:03,471
This is my boss,
Dr. Jason Bull.
168
00:07:03,515 --> 00:07:06,256
Your wife wanted us
to meet with you,
169
00:07:06,300 --> 00:07:08,911
hear your story,
and see if we might
170
00:07:08,955 --> 00:07:11,131
want to be of help to you.
171
00:07:11,174 --> 00:07:13,438
How's she doing?
172
00:07:13,481 --> 00:07:16,136
About as well as can be expected
173
00:07:16,179 --> 00:07:18,312
given that after
ten years of marriage,
174
00:07:18,355 --> 00:07:21,315
she just found out
she doesn't really know you.
175
00:07:21,358 --> 00:07:24,710
She doesn't know
your real name.
176
00:07:24,753 --> 00:07:26,494
You want to tell us
how you got here?
177
00:07:26,538 --> 00:07:29,149
It's not much of a story.
178
00:07:32,152 --> 00:07:34,415
I was 18 years old.
179
00:07:34,459 --> 00:07:36,417
My older brother had a DUI,
180
00:07:36,461 --> 00:07:38,375
so I was driving him home
from work.
181
00:07:38,419 --> 00:07:40,073
He was a janitor.
182
00:07:40,116 --> 00:07:42,336
2:00 to 10:00 at the mall.
183
00:07:42,379 --> 00:07:45,339
He said he wanted to go
to this check cashing place.
184
00:07:45,382 --> 00:07:47,472
Did you go inside?I think
185
00:07:47,515 --> 00:07:49,517
I actually fell asleep
in the car waiting.
186
00:07:51,345 --> 00:07:55,218
I had no idea he was planning
on robbing the place.
187
00:07:55,262 --> 00:07:56,959
And what happened after that?
188
00:07:57,003 --> 00:07:59,962
Right after? A lot of nothing.
189
00:08:00,006 --> 00:08:02,399
Went about my life.
I went to school the next day.
190
00:08:02,443 --> 00:08:03,531
Came home. He wasn't there.
191
00:08:03,575 --> 00:08:05,838
Figured he was at work.
192
00:08:05,881 --> 00:08:09,537
But then I went to pick him up,
and he never came to the car.
193
00:08:09,581 --> 00:08:11,060
He was under arrest?
194
00:08:11,104 --> 00:08:12,322
Turns out he had gagged
195
00:08:12,366 --> 00:08:13,585
the guy behind the counter,
196
00:08:13,628 --> 00:08:15,630
but couldn't tie the gag
with his gloves on,
197
00:08:15,674 --> 00:08:17,850
so he took them off.
198
00:08:17,893 --> 00:08:20,417
Once they had his prints,
it was all over.
199
00:08:20,461 --> 00:08:22,724
And they picked him up
at the mall.
200
00:08:22,768 --> 00:08:25,553
I, of course, knew none of this.
201
00:08:25,597 --> 00:08:28,295
Finally, Rick calls me
a couple days later from jail.
202
00:08:28,338 --> 00:08:30,863
Tells me where the money is.
Tells me to take it and run.
203
00:08:30,906 --> 00:08:33,909
So, if all you did
was drive the car,
204
00:08:33,953 --> 00:08:36,129
and if you didn't even know
what your brother did
205
00:08:36,172 --> 00:08:38,697
when he was inside
the check cashing store,
206
00:08:38,740 --> 00:08:40,263
why did he tell you to run?
207
00:08:40,307 --> 00:08:41,656
Why didn't you go
to the authorities,
208
00:08:41,700 --> 00:08:42,875
tell them your story?
209
00:08:42,918 --> 00:08:46,443
Rick told me
the public defender told him
210
00:08:46,487 --> 00:08:49,229
they were about to put out
a warrant for my arrest.
211
00:08:49,272 --> 00:08:50,752
They were convinced
we were in it together.
212
00:08:50,796 --> 00:08:52,449
Something called
a joint venture.
213
00:08:52,493 --> 00:08:54,364
Ah. In which case,
214
00:08:54,408 --> 00:08:57,324
even though you were
only the getaway driver,
215
00:08:57,367 --> 00:08:58,673
in the eyes of the law,
216
00:08:58,717 --> 00:09:00,283
you're as guilty as the
person who held the gun.
217
00:09:00,327 --> 00:09:04,331
And since someone died,
everyone's charged with murder.
218
00:09:04,374 --> 00:09:05,898
Hmm.
219
00:09:05,941 --> 00:09:07,900
So now you're on the run.
220
00:09:07,943 --> 00:09:09,641
[exhales]
221
00:09:09,684 --> 00:09:12,078
Moved around New England
for about a year.
222
00:09:12,121 --> 00:09:13,601
Slept in bus stations.
223
00:09:13,645 --> 00:09:15,864
Didn't talk to anyone.
224
00:09:15,908 --> 00:09:19,912
And then I met a guy
selling drugs in the bus station
225
00:09:19,955 --> 00:09:22,218
who told me he could get me
226
00:09:22,262 --> 00:09:25,831
a dead person's
Social Security number for $350.
227
00:09:27,833 --> 00:09:30,966
And Jim Grayson was born.
228
00:09:33,099 --> 00:09:35,318
Stupid.
229
00:09:35,362 --> 00:09:37,103
I went to renew
my liquor license
230
00:09:37,146 --> 00:09:38,757
about a month ago.
231
00:09:38,800 --> 00:09:40,149
They asked for my prints.
232
00:09:40,193 --> 00:09:43,196
I didn't think a thing about it.
233
00:09:43,239 --> 00:09:46,025
Pretty sure
that's what did me in.
234
00:09:49,811 --> 00:09:51,421
BENNY:
Mrs. Grayson?
235
00:09:52,597 --> 00:09:54,424
So, that was an awfully long
ten minutes.
236
00:09:54,468 --> 00:09:55,556
How's he doing?
237
00:09:55,600 --> 00:09:57,123
[chuckles]
238
00:09:57,166 --> 00:09:58,646
That's funny.
239
00:09:58,690 --> 00:10:00,953
He asked the exact same
question about you.
240
00:10:00,996 --> 00:10:02,955
My sense is that he is overcome
241
00:10:02,998 --> 00:10:06,523
with regret and remorse,
242
00:10:06,567 --> 00:10:10,136
and at the exact same time,
he is angry and bitter
243
00:10:10,179 --> 00:10:12,747
because any logical
examination of the facts
244
00:10:12,791 --> 00:10:14,880
suggests that...
245
00:10:14,923 --> 00:10:17,012
he didn't really
do anything.
246
00:10:17,056 --> 00:10:18,535
You sound
like you're on his side.
247
00:10:18,579 --> 00:10:20,494
You sound like you believe him.
248
00:10:22,365 --> 00:10:23,889
I guess I do.
249
00:10:23,932 --> 00:10:26,979
Does that mean you'd be willing
to represent him?
250
00:10:29,634 --> 00:10:31,940
I guess it does.
251
00:10:31,984 --> 00:10:33,986
♪
252
00:10:41,123 --> 00:10:42,472
ADA Peluso. Thanks
for coming by.
253
00:10:42,516 --> 00:10:43,735
Dr. Bull's expecting you.
254
00:10:43,778 --> 00:10:46,912
Any excuse to get out
of the office.
255
00:10:46,955 --> 00:10:49,610
So, I'm guessing we're all here
to talk plea deal?
256
00:10:49,654 --> 00:10:51,177
Well, I can't speak for you,
257
00:10:51,220 --> 00:10:54,615
but Dr. Bull and I are here
to talk about dismissal.
258
00:10:54,659 --> 00:10:57,662
Dismissal?
Well, it's good to have a dream.
259
00:10:57,705 --> 00:10:58,575
[chuckles]
260
00:10:58,619 --> 00:11:00,577
Well, the joke's not lost on me,
261
00:11:00,621 --> 00:11:03,624
but let's talk it through
for a second.
262
00:11:03,668 --> 00:11:05,408
No matter how you slice it,
263
00:11:05,452 --> 00:11:08,585
prosecuting that man
is still a moral conundrum.
264
00:11:08,629 --> 00:11:12,764
After all, the primary function
of our criminal justice system
265
00:11:12,807 --> 00:11:16,202
is to provide deterrence,
protect society,
266
00:11:16,245 --> 00:11:18,247
punish people
who commit crimes,
267
00:11:18,291 --> 00:11:21,686
and rehabilitate criminals
once we have them in custody.
268
00:11:21,729 --> 00:11:23,731
Now, hasn't all of that
269
00:11:23,775 --> 00:11:25,907
already been accomplished
with regard to George Brown?
270
00:11:25,951 --> 00:11:27,648
He's led a successful
and productive life
271
00:11:27,692 --> 00:11:28,997
since the robbery.
272
00:11:29,041 --> 00:11:30,912
He's not a danger to society.
273
00:11:30,956 --> 00:11:34,176
And he has no intention
to commit another crime.
274
00:11:34,220 --> 00:11:35,917
So... [chuckles]
275
00:11:35,961 --> 00:11:39,312
what would be the point
of sending him to prison?
276
00:11:39,355 --> 00:11:43,142
Dr. Bull, this trial isn't
an ethics symposium.
277
00:11:43,185 --> 00:11:45,622
We can't just give someone
a "get out of jail free" card
278
00:11:45,666 --> 00:11:47,668
for evading the law.
279
00:11:47,712 --> 00:11:48,974
Come on, did you really think
280
00:11:49,017 --> 00:11:50,802
I was gonna roll over
for you that easily?
281
00:11:50,845 --> 00:11:52,412
He's an innocent man.
282
00:11:52,455 --> 00:11:54,240
Maybe he is...
283
00:11:54,283 --> 00:11:56,808
and maybe he isn't.
284
00:11:56,851 --> 00:12:00,507
That is why we're having
a trial.
285
00:12:00,550 --> 00:12:02,727
See you on the ice, gentlemen.
286
00:12:04,424 --> 00:12:05,773
BULL:
A man can't be found guilty
287
00:12:05,817 --> 00:12:08,733
of a murder simply because
it happened in his midst.
288
00:12:08,776 --> 00:12:11,648
And he absolutely can't
be found guilty
289
00:12:11,692 --> 00:12:12,911
of a murder in which
he took no part
290
00:12:12,954 --> 00:12:14,521
and was not even aware.
291
00:12:14,564 --> 00:12:16,218
BENNY: So that's
our narrative?
292
00:12:16,262 --> 00:12:17,219
We're gonna make
the government prove
293
00:12:17,263 --> 00:12:19,221
that George knew
what was going on?
294
00:12:19,265 --> 00:12:21,528
Yeah. To be held accountable
for a joint venture,
295
00:12:21,571 --> 00:12:23,312
George had to have known
296
00:12:23,356 --> 00:12:25,924
that his brother was gonna
commit armed robbery.
297
00:12:25,967 --> 00:12:27,534
And he didn't know.
298
00:12:27,577 --> 00:12:29,579
How in the world are
we gonna prove that?
299
00:12:29,623 --> 00:12:32,321
We'll start by showing the jury
what kind of man he is.
300
00:12:32,365 --> 00:12:34,802
And the key to that is his wife.
301
00:12:34,846 --> 00:12:35,760
Chunk.
302
00:12:35,803 --> 00:12:37,326
Let's get her in here.
303
00:12:37,370 --> 00:12:38,763
What's important
304
00:12:38,806 --> 00:12:40,068
is when she is sitting
in that courtroom,
305
00:12:40,112 --> 00:12:42,810
that she sends the right message
to the jurors.
306
00:12:42,854 --> 00:12:44,594
She loves this man.
307
00:12:44,638 --> 00:12:46,814
She trusts this man.
308
00:12:46,858 --> 00:12:48,598
This is a good man.
309
00:12:48,642 --> 00:12:50,862
All right. I'll do
whatever I can
310
00:12:50,905 --> 00:12:52,820
to get her
in here today.
311
00:12:52,864 --> 00:12:55,170
And what do we know about how
and from whom
312
00:12:55,214 --> 00:12:57,477
he bought this fake
Social Security number?
313
00:12:57,520 --> 00:12:59,827
Well, he says he met a guy
at a bus station.
314
00:12:59,871 --> 00:13:00,959
Says his name was Joe,
315
00:13:01,002 --> 00:13:03,135
and he sold cell phones
in Burlington,
316
00:13:03,178 --> 00:13:04,701
which makes sense,
317
00:13:04,745 --> 00:13:06,878
'cause to buy a cell phone,
you have to buy a plan;
318
00:13:06,921 --> 00:13:08,618
to buy a plan,
you have to give the merchant
319
00:13:08,662 --> 00:13:09,837
your Social Security number.
320
00:13:09,881 --> 00:13:11,839
Well, at least
you did back then.
321
00:13:11,883 --> 00:13:13,841
Any thoughts on voir dire?
322
00:13:13,885 --> 00:13:15,712
The more I think about it,
the more I think
323
00:13:15,756 --> 00:13:19,194
the answer lies in...
generativity.
324
00:13:19,238 --> 00:13:20,848
Okay, I'm out.
325
00:13:20,892 --> 00:13:22,589
Yeah, me, too.
326
00:13:22,632 --> 00:13:23,938
Seven years of college
327
00:13:23,982 --> 00:13:26,158
and I have no idea
what you're talking about.
328
00:13:26,201 --> 00:13:29,248
Generativity is the concern for,
329
00:13:29,291 --> 00:13:31,598
and belief in, the future.
330
00:13:31,641 --> 00:13:33,556
And a commitment
to the idea that no matter
331
00:13:33,600 --> 00:13:37,169
how bad things may be
at any given moment,
332
00:13:37,212 --> 00:13:40,085
you can persevere
and redeem yourself.
333
00:13:41,738 --> 00:13:43,566
Let me give you an example.
334
00:13:43,610 --> 00:13:44,829
Marissa.
335
00:13:44,872 --> 00:13:47,701
If you say so.
336
00:13:47,744 --> 00:13:49,137
I mean it as a compliment.
337
00:13:49,181 --> 00:13:51,574
It's an admirable quality
in a person.
338
00:13:51,618 --> 00:13:54,403
So, tell me your life story.
339
00:13:54,447 --> 00:13:56,753
Boil it down to what
you think's relevant.
340
00:13:56,797 --> 00:14:00,801
I was adopted into
a wonderful family.
341
00:14:00,845 --> 00:14:02,890
And meeting my birth parents
342
00:14:02,934 --> 00:14:04,631
made me appreciate
different ways
343
00:14:04,674 --> 00:14:06,502
my life could have ended up.
344
00:14:07,852 --> 00:14:09,897
But I like the way it's gone.
345
00:14:09,941 --> 00:14:12,247
I worked
for Homeland Security.
346
00:14:12,291 --> 00:14:15,163
I developed an algorithm to try
to help understand people,
347
00:14:15,207 --> 00:14:18,514
which led me to you.
348
00:14:18,558 --> 00:14:22,170
I have had a string
of interesting relationships.
349
00:14:22,214 --> 00:14:26,522
Some good, one Kyle.
350
00:14:26,566 --> 00:14:29,395
But none of them broke me,
351
00:14:29,438 --> 00:14:31,919
and none of them made me
who I am.
352
00:14:34,443 --> 00:14:35,967
You see?
353
00:14:36,010 --> 00:14:37,751
Highly generative people,
354
00:14:37,794 --> 00:14:39,579
they're driven
to help others
355
00:14:39,622 --> 00:14:40,928
for the betterment
of the future,
356
00:14:40,972 --> 00:14:42,974
because they see the arcs
of their lives
357
00:14:43,017 --> 00:14:45,324
as redemption stories.
358
00:14:45,367 --> 00:14:46,934
And that's what we want.
359
00:14:46,978 --> 00:14:50,329
Jurors, who no matter what
the prosecution presents,
360
00:14:50,372 --> 00:14:52,897
will only see a man
who's changed,
361
00:14:52,940 --> 00:14:56,857
making a good life
out of a bad circumstance.
362
00:14:56,901 --> 00:14:58,163
BENNY:
So tell me,
363
00:14:58,206 --> 00:15:00,426
if you lost your job today,
364
00:15:00,469 --> 00:15:02,254
where would you be
in five years?
365
00:15:02,297 --> 00:15:05,300
I guess I'd try to find a
similar position somewhere else.
366
00:15:05,344 --> 00:15:07,346
And if that didn't work, well,
367
00:15:07,389 --> 00:15:09,130
I'd just try
and find another job.
368
00:15:09,174 --> 00:15:12,046
I'd like to think I'm
the captain of my own destiny.
369
00:15:14,483 --> 00:15:17,660
This juror is acceptable
to the defense, Your Honor.
370
00:15:17,704 --> 00:15:19,793
MARISSA:
This should be interesting.
371
00:15:19,836 --> 00:15:23,710
Harold King was essentially
homeless from the age of 13 on.
372
00:15:23,753 --> 00:15:26,495
Grew up on the streets,
hustling for food and money.
373
00:15:26,539 --> 00:15:28,758
Finally got
a legitimate job working
374
00:15:28,802 --> 00:15:30,499
for a private sanitation
company.
375
00:15:30,543 --> 00:15:32,675
Worked there for 22 years,
376
00:15:32,719 --> 00:15:34,764
till he was suddenly laid off
last Christmas.
377
00:15:34,808 --> 00:15:36,723
Six weeks later,
his wife left him.
378
00:15:36,766 --> 00:15:38,551
It's a wonder he can
get out of bed.
379
00:15:38,594 --> 00:15:40,814
Let me ask you
a question, sir.
380
00:15:40,857 --> 00:15:42,947
Would you trade your life
for anyone else's?
381
00:15:44,426 --> 00:15:45,993
Not a chance in hell.
382
00:15:46,037 --> 00:15:49,605
Everything I've been through
has made me who I am today.
383
00:15:49,649 --> 00:15:51,956
I love that man.
384
00:15:54,959 --> 00:15:57,962
"Mr. Palmer, you continue
to confuse the law
385
00:15:58,005 --> 00:15:59,746
"with some kind of game show.
386
00:15:59,789 --> 00:16:01,748
"It's not about winning
and losing.
387
00:16:01,791 --> 00:16:03,968
It's about the search
for what is right."
388
00:16:04,011 --> 00:16:06,709
A "D." Damn it. A "D"?
389
00:16:06,753 --> 00:16:08,059
[scoffs]
390
00:16:08,102 --> 00:16:09,799
[knocking on door]
391
00:16:09,843 --> 00:16:12,237
Hi. I'm Kristen.
392
00:16:12,280 --> 00:16:14,761
Jim's wife--
uh, George's wife.
393
00:16:14,804 --> 00:16:16,719
I-I just came straight
from the courthouse.
394
00:16:16,763 --> 00:16:20,027
Dr. Bull wanted me
to do some witness prep?
395
00:16:20,071 --> 00:16:22,682
Although, nobody's told me
I was going to be a witness.
396
00:16:22,725 --> 00:16:24,075
Oh, hi.
397
00:16:24,118 --> 00:16:25,902
I'm Chunk Palmer.
It's nice to meet you.
398
00:16:25,946 --> 00:16:27,948
And no, you won't be
going on the stand.
399
00:16:27,992 --> 00:16:30,907
Not in the immediate
future, at least.
400
00:16:30,951 --> 00:16:32,387
Then what's the point?
401
00:16:35,086 --> 00:16:37,914
We just want to make sure
that you're mindful,
402
00:16:37,958 --> 00:16:40,221
that even when you're
sitting in the gallery,
403
00:16:40,265 --> 00:16:42,919
that the jury is
still watching you.
404
00:16:42,963 --> 00:16:46,010
No. I know.
405
00:16:46,053 --> 00:16:47,446
It's important.
406
00:16:47,489 --> 00:16:49,404
It's all important.
407
00:16:49,448 --> 00:16:51,058
I actually went
408
00:16:51,102 --> 00:16:54,540
to go see him last night
in jail.
409
00:16:54,583 --> 00:16:56,803
Not a moment I ever imagined,
410
00:16:56,846 --> 00:16:59,675
but I needed to know
what was true and what wasn't,
411
00:16:59,719 --> 00:17:03,070
about everything
he's ever told me.
412
00:17:03,114 --> 00:17:06,030
And he was honest
about everything that mattered.
413
00:17:07,466 --> 00:17:11,774
I mentioned our kids
and he cried.
414
00:17:11,818 --> 00:17:13,167
Do you have kids?
415
00:17:13,211 --> 00:17:15,822
Yeah. One.
416
00:17:15,865 --> 00:17:18,999
They're just... your everything.
417
00:17:19,043 --> 00:17:21,654
And the shock
of all of it,
418
00:17:21,697 --> 00:17:23,786
knowing that their last names--
419
00:17:23,830 --> 00:17:26,528
my last name--
is made up, bought.
420
00:17:26,572 --> 00:17:29,140
I got so mad.
421
00:17:29,183 --> 00:17:32,882
And then he reminded me
that their first names...
422
00:17:32,926 --> 00:17:35,059
those were ours.
423
00:17:36,930 --> 00:17:39,106
Our first baby, Malone,
424
00:17:39,150 --> 00:17:42,022
before she arrived,
we had no money.
425
00:17:42,066 --> 00:17:43,502
And so for fun, we would go
426
00:17:43,545 --> 00:17:45,025
to these minor league
baseball games.
427
00:17:45,069 --> 00:17:48,159
And they cost, like,
two dollars a ticket.
428
00:17:48,202 --> 00:17:51,031
And they had this shortstop,
Malone Jackson.
429
00:17:51,075 --> 00:17:53,338
And Jimmy...
430
00:17:53,381 --> 00:17:55,427
George loved him.
431
00:17:55,470 --> 00:17:57,081
He loves everything
about baseball,
432
00:17:57,124 --> 00:17:59,996
but he really loved him.
433
00:18:00,040 --> 00:18:01,694
And so I loved him, too.
434
00:18:03,478 --> 00:18:07,134
And when the baby came,
and she was a she,
435
00:18:07,178 --> 00:18:09,963
we said "so what,"
436
00:18:10,006 --> 00:18:13,097
and she became Malone.
437
00:18:16,926 --> 00:18:18,841
That's her.
438
00:18:18,885 --> 00:18:20,756
That's Malone.
[sniffs]
439
00:18:20,800 --> 00:18:24,151
And Ella and Richard.
440
00:18:24,195 --> 00:18:27,850
They're with my mom right now.
441
00:18:27,894 --> 00:18:30,157
They miss him so much.
442
00:18:32,551 --> 00:18:34,074
This...
443
00:18:34,118 --> 00:18:37,164
how you look and feel right now,
444
00:18:37,208 --> 00:18:38,731
that's what we need
in the courtroom.
445
00:18:38,774 --> 00:18:41,734
So, when you're
sitting there,
446
00:18:41,777 --> 00:18:43,344
and the prosecution
is making him out
447
00:18:43,388 --> 00:18:45,825
to be anything but
the man you know,
448
00:18:45,868 --> 00:18:49,220
remember this feeling.
449
00:18:49,263 --> 00:18:51,874
It's gonna give you peace.
450
00:18:51,918 --> 00:18:56,140
And it's gonna help the jury see
who George really is.
451
00:19:11,067 --> 00:19:13,200
Ladies and gentleman
of the jury,
452
00:19:13,244 --> 00:19:17,117
I am here to tell you
about an innocent man,
453
00:19:17,161 --> 00:19:20,425
who endured
difficult circumstances
454
00:19:20,468 --> 00:19:22,122
early in his life,
455
00:19:22,166 --> 00:19:25,734
only to make something
of himself.
456
00:19:25,778 --> 00:19:29,825
My client was born George Brown,
457
00:19:29,869 --> 00:19:32,872
to parents
Malone and Ella Brown.
458
00:19:32,915 --> 00:19:34,482
[gasps]
459
00:19:34,526 --> 00:19:37,659
Both parents were killed
in a car accident
460
00:19:37,703 --> 00:19:39,487
when George was only ten.
461
00:19:39,531 --> 00:19:41,141
And his brother,
Richard Brown,
462
00:19:41,185 --> 00:19:42,534
raised him for the
next eight years.
463
00:19:42,577 --> 00:19:44,275
Your wife suddenly
464
00:19:44,318 --> 00:19:46,842
seems very upset.BENNY: George Brown
is a loving husband...
465
00:19:46,886 --> 00:19:48,627
Marissa, is Chunk there?BENNY: ...a devoted father...
466
00:19:48,670 --> 00:19:50,890
Did he even prepare Kristen
at all?
467
00:19:50,933 --> 00:19:52,674
She looks like she's about
to fall apart.
468
00:19:52,718 --> 00:19:54,241
I don't know what to say.
469
00:19:54,285 --> 00:19:56,112
I worked with the woman
for almost an hour.
470
00:19:56,156 --> 00:19:59,028
Here it is online.
Malone and Ella Brown.
471
00:19:59,072 --> 00:20:02,206
"Fatal collision kills parents
of two in Staten Island."
472
00:20:02,249 --> 00:20:03,642
Wait a second.
473
00:20:03,685 --> 00:20:06,340
Did you say Malone and Ella?
474
00:20:06,384 --> 00:20:09,125
Those are his parents' names?
475
00:20:09,169 --> 00:20:11,258
Those are the names
of their kids.
476
00:20:11,302 --> 00:20:13,478
He lied to her again.
477
00:20:13,521 --> 00:20:16,002
BENNY: The two boys didn't have
an easy time of it,
478
00:20:16,045 --> 00:20:19,788
but nonetheless, they had
to do what they had to do,
479
00:20:19,832 --> 00:20:21,312
in order to get on...Face front.
480
00:20:21,355 --> 00:20:22,313
You're only making
things worse.
481
00:20:22,356 --> 00:20:23,879
BENNY:
The older brother, Richard,
482
00:20:23,923 --> 00:20:26,273
took a job as a janitor
at the local mall,
483
00:20:26,317 --> 00:20:28,188
and George went about
484
00:20:28,232 --> 00:20:30,408
completing his
high school education.
485
00:20:30,451 --> 00:20:32,236
[gallery murmuring]
486
00:20:36,370 --> 00:20:37,937
[door closes][sighs]
487
00:20:43,856 --> 00:20:45,901
[knocking on door]
488
00:20:53,344 --> 00:20:55,476
You okay?
489
00:20:55,520 --> 00:20:57,478
My children
are named after parents
490
00:20:57,522 --> 00:20:59,306
I never knew anything about,
491
00:20:59,350 --> 00:21:01,482
and a brother-in-law
I never met.
492
00:21:01,526 --> 00:21:03,441
Why would he do that?
493
00:21:03,484 --> 00:21:05,486
That's not a lie he needed
to tell me,
494
00:21:05,530 --> 00:21:08,315
and how many more of those
are there?
495
00:21:08,359 --> 00:21:11,144
Well, lies are funny things.
496
00:21:11,187 --> 00:21:14,060
I can tell you
from personal experience,
497
00:21:14,103 --> 00:21:17,629
you convince yourself
there's only one lie
498
00:21:17,672 --> 00:21:19,413
you need to tell
out of necessity.
499
00:21:21,023 --> 00:21:23,548
And then the others...
500
00:21:23,591 --> 00:21:27,334
the others just...
happen.
501
00:21:27,378 --> 00:21:29,249
It's all too much.
502
00:21:29,293 --> 00:21:30,598
I know it seems
that way,
503
00:21:30,642 --> 00:21:32,731
but he needs you.
504
00:21:32,774 --> 00:21:34,602
And tomorrow,
the prosecution
505
00:21:34,646 --> 00:21:36,474
is gonna begin
to present its case.
506
00:21:36,517 --> 00:21:39,172
And if you're not there,
he has no one,
507
00:21:39,215 --> 00:21:41,479
and the jury's gonna notice.
508
00:21:41,522 --> 00:21:43,568
They certainly did
when you left.
509
00:21:43,611 --> 00:21:44,873
PELUSO:
So after executing
510
00:21:44,917 --> 00:21:46,658
the search warrant
on the suspect's premises,
511
00:21:46,701 --> 00:21:47,963
what did you find?
512
00:21:48,007 --> 00:21:50,357
We found a gun under a mattress
513
00:21:50,401 --> 00:21:52,446
in what we determined
to be Rick Brown's bedroom
514
00:21:52,490 --> 00:21:55,710
in the apartment that, uh,
Rick and George Brown lived in.
515
00:21:55,754 --> 00:21:57,582
Stop looking for her.PELUSO: Were you able
to lift fingerprints...
516
00:21:57,625 --> 00:21:59,453
All you're doing is calling
the jury's attention
517
00:21:59,497 --> 00:22:01,542
to the fact that
she's not here.DETECTIVE: Yes. Two sets.
518
00:22:01,586 --> 00:22:03,196
Did you determine
who they belonged to?
519
00:22:03,239 --> 00:22:05,503
Rick Brown and the defendant,
George Brown.
520
00:22:05,546 --> 00:22:07,592
[gallery murmuring]
521
00:22:07,635 --> 00:22:09,681
[clears throat]
522
00:22:09,724 --> 00:22:11,900
[exhales]
523
00:22:11,944 --> 00:22:15,164
You sent the gun
to the crime lab.
524
00:22:15,208 --> 00:22:16,557
We certainly did.
525
00:22:16,601 --> 00:22:18,733
And you got
my client's prints back.
526
00:22:18,777 --> 00:22:20,126
We certainly did.
527
00:22:24,783 --> 00:22:26,785
[gallery murmuring]
528
00:22:33,531 --> 00:22:35,359
[quietly]:
Tell Chunk mission accomplished.
529
00:22:35,402 --> 00:22:36,882
And thank you.
530
00:22:37,926 --> 00:22:41,669
Now, just to be clear,
531
00:22:41,713 --> 00:22:44,672
do these prints show you
532
00:22:44,716 --> 00:22:47,371
when George Brown
touched the gun?
533
00:22:47,414 --> 00:22:48,676
No.
534
00:22:48,720 --> 00:22:51,679
And do they reveal
how he handled the gun?
535
00:22:51,723 --> 00:22:53,638
I mean, I would
think there's one set
536
00:22:53,681 --> 00:22:56,989
of prints you typically get
when someone uses a gun
537
00:22:57,032 --> 00:22:59,165
and perhaps
a different pattern of prints
538
00:22:59,208 --> 00:23:01,472
when someone handles the gun.
539
00:23:01,515 --> 00:23:04,779
Uh, picks it up, uh, to move it.
540
00:23:04,823 --> 00:23:05,780
Something like that.
541
00:23:05,824 --> 00:23:07,216
I suppose that's true.
542
00:23:07,260 --> 00:23:10,176
Well, it's either true
or it isn't, Detective.
543
00:23:10,219 --> 00:23:11,569
Yes.
544
00:23:11,612 --> 00:23:13,266
If someone used the gun,
545
00:23:13,309 --> 00:23:14,833
the location of the prints
would be different
546
00:23:14,876 --> 00:23:16,443
than if somebody
handled the gun.
547
00:23:16,487 --> 00:23:18,402
BENNY:
And would you say
548
00:23:18,445 --> 00:23:21,796
that the pattern of his prints
is consistent
549
00:23:21,840 --> 00:23:24,103
with someone
who had used the gun?
550
00:23:25,757 --> 00:23:26,888
No,
551
00:23:26,932 --> 00:23:28,107
I would not.
552
00:23:28,150 --> 00:23:29,282
BENNY:
And you've already testified
553
00:23:29,325 --> 00:23:31,806
that the prints
don't indicate
554
00:23:31,850 --> 00:23:34,026
when my client
might have handled the gun.
555
00:23:34,069 --> 00:23:35,462
Isn't that correct?
556
00:23:35,506 --> 00:23:36,898
Your Honor,
counsel's testifying.
557
00:23:36,942 --> 00:23:37,899
Overruled.
558
00:23:37,943 --> 00:23:39,466
Continue, Mr. Colón.
559
00:23:39,510 --> 00:23:40,467
Yes, Your Honor.
560
00:23:40,511 --> 00:23:43,339
So, to sum it up,
561
00:23:43,383 --> 00:23:45,907
you have my client's prints
562
00:23:45,951 --> 00:23:48,649
on a gun that belonged to a man
563
00:23:48,693 --> 00:23:52,653
that he had shared a home with
his entire life.
564
00:23:52,697 --> 00:23:54,438
Not a surprise.
565
00:23:54,481 --> 00:23:57,005
The prints don't prove
he used the gun
566
00:23:57,049 --> 00:24:00,182
or that it was in his possession
567
00:24:00,226 --> 00:24:03,838
at any time in
or around the robbery.
568
00:24:03,882 --> 00:24:07,755
Is that an accurate reflection
of your testimony, Detective?
569
00:24:08,800 --> 00:24:10,323
Yes.
570
00:24:10,366 --> 00:24:12,151
No further questions,
Your Honor.
571
00:24:14,849 --> 00:24:16,155
How's the weather over there?
572
00:24:16,198 --> 00:24:17,722
We still frozen out?
573
00:24:17,765 --> 00:24:19,985
Actually, I'm starting
to feel a bit of a thaw.
574
00:24:20,028 --> 00:24:22,161
We picked up one green juror.
575
00:24:22,204 --> 00:24:24,380
I'll take it.
576
00:24:24,424 --> 00:24:25,947
And I just had a thought.
577
00:24:25,991 --> 00:24:27,688
See if you can get Benny and me
578
00:24:27,732 --> 00:24:30,038
two visitors' passes
to Green Haven.
579
00:24:31,213 --> 00:24:34,521
We'd like to sit
down with Rick Brown.
580
00:24:34,565 --> 00:24:36,567
[lock buzzes]
581
00:24:40,875 --> 00:24:43,661
Mr. Brown, my name's
Dr. Jason Bull.
582
00:24:43,704 --> 00:24:44,923
This is
583
00:24:44,966 --> 00:24:46,751
Benjamin Colón.
584
00:24:46,794 --> 00:24:48,927
We're here on behalf of
your brother, George Brown.
585
00:24:48,970 --> 00:24:50,798
On behalf
of your brother
586
00:24:50,842 --> 00:24:53,061
and his wife Kristen
587
00:24:53,105 --> 00:24:55,411
and their three children,
588
00:24:55,455 --> 00:24:57,805
your nieces and nephew.
589
00:24:59,241 --> 00:25:01,417
He's a dad? He's a...
590
00:25:01,461 --> 00:25:04,246
I'm an uncle?
591
00:25:04,290 --> 00:25:06,858
[exhales]
Uh...
592
00:25:08,816 --> 00:25:11,732
Wh-Where is he? Is he okay?
593
00:25:11,776 --> 00:25:14,039
He's on trial
for the murder of Kirk Getty.
594
00:25:17,042 --> 00:25:20,175
My God.
595
00:25:20,219 --> 00:25:22,526
BULL: We're trying
to help your brother.
596
00:25:22,569 --> 00:25:23,918
Mr. Colón is
his attorney,
597
00:25:23,962 --> 00:25:26,834
and I'm what they call
a trial scientist.
598
00:25:26,878 --> 00:25:29,576
Now, obviously,
we know George's version
599
00:25:29,620 --> 00:25:32,144
of what happened that night.
But only you know
600
00:25:32,187 --> 00:25:35,800
what went on inside
the check cashing shop.
601
00:25:35,843 --> 00:25:38,193
RICK: What do you
want to know?
602
00:25:38,237 --> 00:25:40,587
I was-was all bundled up.
603
00:25:40,631 --> 00:25:42,546
Big coat.
604
00:25:42,589 --> 00:25:43,938
Scarves.
605
00:25:43,982 --> 00:25:45,984
Ski gloves.
606
00:25:46,985 --> 00:25:49,465
It was cold.
607
00:25:49,509 --> 00:25:51,685
Plus...
[stammers]
608
00:25:51,729 --> 00:25:53,557
I knew there was a camera.
609
00:25:53,600 --> 00:25:54,949
And you were armed?
610
00:25:54,993 --> 00:25:56,560
I had a gun.
611
00:25:56,603 --> 00:25:58,562
And it wasn't loaded.
612
00:26:00,041 --> 00:26:02,000
Plus, I-I was wearing gloves.
613
00:26:02,043 --> 00:26:04,916
[stammers]
You ever try to hold a gun
614
00:26:04,959 --> 00:26:05,873
while you're wearing ski gloves?
615
00:26:05,917 --> 00:26:07,222
BENNY:
Wait a second.
616
00:26:07,266 --> 00:26:09,616
Go back to the part
where the gun wasn't loaded.
617
00:26:09,660 --> 00:26:11,879
What about it?
There was no reason toload it.
618
00:26:11,923 --> 00:26:14,012
I wasn't planning
on shooting it.
619
00:26:14,055 --> 00:26:15,491
And why was that?
620
00:26:15,535 --> 00:26:18,059
Because I wasn't planning
on killing Kirk.
621
00:26:18,103 --> 00:26:19,931
He was my friend.
622
00:26:21,497 --> 00:26:24,065
Well, if you didn't plan
on using the gun
623
00:26:24,109 --> 00:26:26,241
and Kirk was your friend,
624
00:26:26,285 --> 00:26:28,635
what was your plan?I was planning
625
00:26:28,679 --> 00:26:29,767
on paying some bills.
626
00:26:29,810 --> 00:26:32,247
I was planning on being
a good brother.
627
00:26:32,291 --> 00:26:34,946
George started talking
about wanting to go
628
00:26:34,989 --> 00:26:37,339
to cooking school
after he graduated.
629
00:26:39,559 --> 00:26:41,039
And I met this guy at the mall.
630
00:26:41,082 --> 00:26:43,563
He worked at the Sunglass Hut.
631
00:26:43,607 --> 00:26:47,306
He ended up getting a job
at the check cashing place.
632
00:26:47,349 --> 00:26:50,309
And he wanted to buy
a motorcycle, this guy.
633
00:26:50,352 --> 00:26:52,659
[stammers]
634
00:26:52,703 --> 00:26:55,706
We thought
we were so freakin' brilliant.
635
00:26:55,749 --> 00:26:56,794
Wait a second. I'm...
636
00:26:56,837 --> 00:26:58,056
I'm confused.
637
00:26:58,099 --> 00:27:00,841
So, your friend, how did he die?
638
00:27:00,885 --> 00:27:03,104
We knew that they had cameras.
639
00:27:03,148 --> 00:27:05,846
We knew we had to put on a show.
640
00:27:05,890 --> 00:27:08,283
I came in there,
waved the gun around,
641
00:27:08,327 --> 00:27:12,026
I tied him up,
put a gag in his mouth.
642
00:27:12,070 --> 00:27:14,986
And then I don't
know what happened.
643
00:27:15,029 --> 00:27:17,423
By the time I was done,
644
00:27:17,466 --> 00:27:20,513
you know, they to-- they told me
they think he panicked.
645
00:27:20,556 --> 00:27:24,648
He threw up,
choked on his own vomit.
646
00:27:27,041 --> 00:27:29,435
Tell me about George.
647
00:27:29,478 --> 00:27:31,176
You tell me about George.
648
00:27:31,219 --> 00:27:33,744
Did he have any idea
what was going on?
649
00:27:33,787 --> 00:27:35,093
Not a clue. He was just...
650
00:27:35,136 --> 00:27:36,703
He was my ride. That's all.
651
00:27:36,747 --> 00:27:39,053
Period.
652
00:27:39,097 --> 00:27:40,707
You want to make this right?
653
00:27:40,751 --> 00:27:43,057
What do you mean? How?
654
00:27:43,101 --> 00:27:45,059
Testify on his behalf.
655
00:27:45,103 --> 00:27:46,234
I'd love to.
656
00:27:46,278 --> 00:27:47,975
But who's gonna believe me?
657
00:27:48,019 --> 00:27:48,976
[chuckles]
658
00:27:49,020 --> 00:27:50,543
You let us worry about that.
659
00:27:50,586 --> 00:27:51,892
[gavel bangs]
660
00:27:53,024 --> 00:27:55,200
Your brother said to say hello.Rick?
661
00:27:55,243 --> 00:27:58,246
H-How is he? Is he okay?
662
00:27:58,290 --> 00:28:00,814
As okay as you can be in prison.
663
00:28:00,858 --> 00:28:02,163
He feels terrible
664
00:28:02,207 --> 00:28:04,078
about everything
that's happening to you.
665
00:28:04,122 --> 00:28:05,689
He wants to help.
666
00:28:07,647 --> 00:28:09,083
So...
667
00:28:09,127 --> 00:28:11,259
the court officer
just informed me
668
00:28:11,303 --> 00:28:13,871
that the judge wants to have
a meeting in his chambers.
669
00:28:13,914 --> 00:28:14,872
[sighs]
670
00:28:14,915 --> 00:28:16,308
PELUSO:
Yes,
671
00:28:16,351 --> 00:28:18,353
I am asking
to call a surprise witness.
672
00:28:18,397 --> 00:28:20,486
But it's as much a surprise to
me as it is to you, Your Honor.
673
00:28:20,529 --> 00:28:22,706
We just put this piece of
the puzzle together yesterday.
674
00:28:22,749 --> 00:28:25,012
BENNY: Your Honor, what
may or may not have happened
675
00:28:25,056 --> 00:28:28,015
three years after the crime
that my client is on trial for
676
00:28:28,059 --> 00:28:29,582
is completely irrelevant.
677
00:28:29,625 --> 00:28:31,976
I disagree. It is the
very definition of relevance.
678
00:28:32,019 --> 00:28:33,499
It's a subsequent bad act.
679
00:28:33,542 --> 00:28:36,197
Your client used his stolen
identity to commit larceny
680
00:28:36,241 --> 00:28:38,025
in the state of
New Hampshire.
681
00:28:38,069 --> 00:28:40,985
He bought $10,000 worth of
electronics at a Best Buy
682
00:28:41,028 --> 00:28:42,551
with a fraudulently
acquired credit card
683
00:28:42,595 --> 00:28:43,727
and never paid it off.
684
00:28:43,770 --> 00:28:45,990
Well, maybe he did,
maybe he didn't.
685
00:28:46,033 --> 00:28:48,209
Let's not forget none of this
has been proven. But,
686
00:28:48,253 --> 00:28:50,864
as Mr. Colón pointed out,
how would credit card theft
687
00:28:50,908 --> 00:28:53,040
illuminate for the jury
whether or not Mr. Brown
688
00:28:53,084 --> 00:28:54,389
was party to a murder?
689
00:28:54,433 --> 00:28:56,740
Well, for one,
it might very well suggest
690
00:28:56,783 --> 00:28:59,960
a pattern of lawlessness that
the jury could find compelling
691
00:29:00,004 --> 00:29:01,962
as they try to wrestle
with the key question here,
692
00:29:02,006 --> 00:29:05,096
which is, how much did
Mr. Brown actually know
693
00:29:05,139 --> 00:29:06,619
about what he was doing
that night?
694
00:29:06,662 --> 00:29:09,100
Really, Your Honor?
The possibility that my client
695
00:29:09,143 --> 00:29:12,016
may have bought a TV and
DVD player and never paid for it
696
00:29:12,059 --> 00:29:15,149
somehow makes him
a more plausible coconspirator
697
00:29:15,193 --> 00:29:16,107
to murder?
698
00:29:16,150 --> 00:29:17,673
Are you lecturing me, sir?
699
00:29:17,717 --> 00:29:19,414
[sarcastically]:
Of course not, Your Honor.
700
00:29:21,460 --> 00:29:23,070
I'm going to allow the witness.
701
00:29:23,114 --> 00:29:25,116
But I'm calling
702
00:29:25,159 --> 00:29:27,205
a recess for today
to allow both sides
703
00:29:27,248 --> 00:29:30,121
to prepare.PELUSO: Thank you for
allowing the witness.
704
00:29:30,164 --> 00:29:31,905
And thank you
for the time to prepare.BENNY: Yes.
705
00:29:31,949 --> 00:29:34,690
Thank you
for the time to prepare.
706
00:29:34,734 --> 00:29:36,910
You're all very welcome.
707
00:29:43,699 --> 00:29:45,701
[sighs] Even if we do put
his brother on the stand,
708
00:29:45,745 --> 00:29:48,400
he's right.
Who's gonna believe him?
709
00:29:48,443 --> 00:29:50,184
BENNY: It's a tough
story to buy into.
710
00:29:50,228 --> 00:29:51,795
"My friend
and I planned
711
00:29:51,838 --> 00:29:52,839
"this robbery together.
712
00:29:52,883 --> 00:29:54,145
"He just happened to die.
And, oh,
713
00:29:54,188 --> 00:29:56,756
"uh, by the way,
my brother had no idea
714
00:29:56,800 --> 00:29:59,063
what we were up to"?Not to pour salt
in the wound,
715
00:29:59,106 --> 00:30:01,979
but the two green jurors that
we still have, they're soft.
716
00:30:02,022 --> 00:30:04,633
Based on my
focus group work,
717
00:30:04,677 --> 00:30:06,635
it's not gonna take
much to turn them red.
718
00:30:06,679 --> 00:30:07,723
[knocking]
719
00:30:07,767 --> 00:30:08,855
I don't want to hear it!
720
00:30:08,899 --> 00:30:11,031
I've had enough bad news
for one day.
721
00:30:11,075 --> 00:30:13,860
Too damn bad. I'm coming in.
722
00:30:13,904 --> 00:30:16,254
Wow, look
at all the happy faces.
723
00:30:16,297 --> 00:30:18,082
[Bull sighs]
724
00:30:18,125 --> 00:30:19,997
You come up with something
to refute the charges
725
00:30:20,040 --> 00:30:21,694
that George
committed credit card fraud?
726
00:30:21,737 --> 00:30:23,087
Although, for the life of me,
727
00:30:23,130 --> 00:30:25,306
I still don't see
what that has to do with this.
728
00:30:25,350 --> 00:30:26,917
Cable's working on it.
729
00:30:26,960 --> 00:30:28,788
I've been watching the
closed circuit security tapes
730
00:30:28,832 --> 00:30:31,356
of the robbery that came
over with the prosecution's
731
00:30:31,399 --> 00:30:33,706
latest batch
of discovery materials.
732
00:30:33,749 --> 00:30:35,708
Can I show you guys something?
733
00:30:35,751 --> 00:30:37,275
There's no sound.
734
00:30:37,318 --> 00:30:41,105
Just picture.
So you got to watch carefully.
735
00:30:41,148 --> 00:30:44,282
Okay, see what George's brother
does after everything is done?
736
00:30:44,325 --> 00:30:45,892
He's got the money.
737
00:30:45,936 --> 00:30:47,938
Now, based on the time stamp,
we know that,
738
00:30:47,981 --> 00:30:49,504
by this time,
the alarm is going off.
739
00:30:49,548 --> 00:30:51,463
So he's got to be concerned
that the cops are on their way.
740
00:30:51,506 --> 00:30:52,899
Watch him.
741
00:30:52,943 --> 00:30:56,424
He starts to head out,
and then he comes back.
742
00:30:56,468 --> 00:30:58,862
BENNY: Looks like
he's saying something.
743
00:30:58,905 --> 00:31:00,820
He's realizing
something's wrong.
744
00:31:01,865 --> 00:31:03,823
DANNY:
See?
745
00:31:03,867 --> 00:31:05,216
BULL:
He's realizing
746
00:31:05,259 --> 00:31:06,913
his friend is dead.
747
00:31:06,957 --> 00:31:09,133
DANNY: When's the last time
you heard about a robber
748
00:31:09,176 --> 00:31:11,657
stopping mid-getaway
to check his victim's pulse?
749
00:31:11,700 --> 00:31:13,920
BENNY: So you think
if we show this to a jury
750
00:31:13,964 --> 00:31:15,835
after we put Rick on the stand,
they'll believe
751
00:31:15,879 --> 00:31:17,968
that Kirk's death
was accidental?
752
00:31:18,011 --> 00:31:19,273
CABLE:
Yes!
753
00:31:20,318 --> 00:31:22,842
I think George has an alibi.
754
00:31:22,886 --> 00:31:24,452
Well, what do you mean?
755
00:31:24,496 --> 00:31:26,106
Okay, on the day
of the purchase,
756
00:31:26,150 --> 00:31:27,716
he was nowhere near
New Hampshire.
757
00:31:27,760 --> 00:31:30,894
He was working as a dishwasher
in a restaurant he now owns.
758
00:31:30,937 --> 00:31:32,896
I just finished reaching out
to his old boss, the man
759
00:31:32,939 --> 00:31:34,027
he bought the restaurant from.
760
00:31:34,071 --> 00:31:35,899
He has time cards
and eyewitnesses.
761
00:31:35,942 --> 00:31:37,857
There is no way
he could have done it.
762
00:31:37,901 --> 00:31:39,903
What do you think?
763
00:31:39,946 --> 00:31:41,382
It's good.
764
00:31:41,426 --> 00:31:44,385
I just wish it was
a little more.
765
00:31:44,429 --> 00:31:46,953
And I wish with all my heart
it proved he had no idea
766
00:31:46,997 --> 00:31:49,216
what his brother and best friend
were up to that night.
767
00:31:49,260 --> 00:31:52,393
Well, actually,
there is a little bit more.
768
00:31:52,437 --> 00:31:53,960
I tracked down
the Best Buy receipts
769
00:31:54,004 --> 00:31:55,962
and located all the serial
numbers and identifiers
770
00:31:56,006 --> 00:31:57,659
associated
with the purchased items,
771
00:31:57,703 --> 00:31:59,487
which were actually laptops,
by the way.
772
00:31:59,531 --> 00:32:01,663
Then I did a search
for those.
773
00:32:01,707 --> 00:32:03,143
And after all this time,
I actually found one
774
00:32:03,187 --> 00:32:04,231
on an archived
775
00:32:04,275 --> 00:32:05,972
online auction site.
776
00:32:06,016 --> 00:32:07,539
I did a little hacking
777
00:32:07,582 --> 00:32:10,542
and tracked down
the seller's IP address.
778
00:32:10,585 --> 00:32:11,586
And it turns out
779
00:32:11,630 --> 00:32:14,938
it belongs to an Emory Cochburn,
780
00:32:14,981 --> 00:32:18,724
who, by the way, is in prison
for insurance fraud.
781
00:32:18,767 --> 00:32:20,987
Which means...?DANNY: Which means
782
00:32:21,031 --> 00:32:23,947
whoever sold the stolen
Social Security number to George
783
00:32:23,990 --> 00:32:26,427
sold it at least
one more time.
784
00:32:26,471 --> 00:32:27,863
Looks that way.
785
00:32:27,907 --> 00:32:28,995
Nice work, Cable.
786
00:32:29,039 --> 00:32:30,866
I just wish
787
00:32:30,910 --> 00:32:31,955
it cleared George
of the crime
788
00:32:31,998 --> 00:32:34,305
we were hired
to defend him from.
789
00:32:34,348 --> 00:32:36,046
George Brown stole
the Social Security number
790
00:32:36,089 --> 00:32:37,569
of the deceased, Jim Grayson,
791
00:32:37,612 --> 00:32:39,353
to establish
a new identity.
792
00:32:39,397 --> 00:32:40,964
He then opened
a credit card
793
00:32:41,007 --> 00:32:43,096
at a Best Buy
in Manchester, New Hampshire,
794
00:32:43,140 --> 00:32:46,447
and used that card to purchase
$10,000 worth of electronics
795
00:32:46,491 --> 00:32:48,188
that he had no intention
of ever paying for.
796
00:32:48,232 --> 00:32:51,235
PELUSO:
Thank you, Officer Lyden.
797
00:32:56,370 --> 00:32:58,416
Officer Lyden, thank you.
798
00:32:58,459 --> 00:33:00,157
Thank you for taking the time
and coming
799
00:33:00,200 --> 00:33:02,072
to talk to us today.My pleasure.
800
00:33:02,115 --> 00:33:03,595
Let me ask you
something.
801
00:33:03,638 --> 00:33:06,467
Do you have any actual proof
802
00:33:06,511 --> 00:33:12,125
that the man sitting before you
here today is the same man
803
00:33:12,169 --> 00:33:13,997
who fraudulently applied
for a credit card
804
00:33:14,040 --> 00:33:15,955
and bought these electronics?
805
00:33:15,999 --> 00:33:20,046
Of course. It's the same name,
same Social Security number.
806
00:33:20,090 --> 00:33:22,005
What else do you need?
807
00:33:22,048 --> 00:33:24,007
And what if I told you
that this Jim Grayson,
808
00:33:24,050 --> 00:33:27,706
also known as George Brown,
was in Glen Rock, New Jersey,
809
00:33:27,749 --> 00:33:29,882
hundreds of miles away
at the time of the purchase,
810
00:33:29,925 --> 00:33:31,536
and that someone else had bought
811
00:33:31,579 --> 00:33:34,060
the same stolen
Social Security number
812
00:33:34,104 --> 00:33:36,976
and committed the theft that you
are attributing to my client?
813
00:33:37,020 --> 00:33:39,587
Well, I would say that sounds
like a pretty convenient story.
814
00:33:42,808 --> 00:33:45,985
Your Honor,
we'd like to offer proof
815
00:33:46,029 --> 00:33:48,335
of my client's alibi
816
00:33:48,379 --> 00:33:51,382
in the form of time cards
817
00:33:51,425 --> 00:33:53,819
and eyewitness accounts
818
00:33:53,862 --> 00:33:56,039
from Mr. Brown's place
of employment
819
00:33:56,082 --> 00:33:57,605
at the date in question.
820
00:33:57,649 --> 00:34:00,913
MARISSA: It may not be the
slam dunk we need-- not yet--
821
00:34:00,956 --> 00:34:02,610
but these jurors
are starting to warm up.
822
00:34:02,654 --> 00:34:04,090
I can feel it.
823
00:34:04,134 --> 00:34:05,744
The jury hasn't heard enough
to acquit,
824
00:34:05,787 --> 00:34:07,093
or even force a mistrial,
825
00:34:07,137 --> 00:34:08,703
but they're listening
to us again.
826
00:34:08,747 --> 00:34:10,270
They think
we have something to say,
827
00:34:10,314 --> 00:34:12,011
and I'll take that any time.
828
00:34:12,055 --> 00:34:16,059
Tell Cable thanks
for all the hard work.
829
00:34:22,152 --> 00:34:23,501
I just kept thinking
about what you told us
830
00:34:23,544 --> 00:34:24,893
the older brother said.
831
00:34:24,937 --> 00:34:26,330
That this whole thing
was really an inside job.
832
00:34:26,373 --> 00:34:28,158
That no one was supposed
to lose their lives.
833
00:34:28,201 --> 00:34:29,855
That these guys knew each other.
834
00:34:29,898 --> 00:34:33,511
And then I kept thinking
about what yousaid.
835
00:34:33,554 --> 00:34:36,601
That Rick can testify to it,
but who's gonna believe him?
836
00:34:36,644 --> 00:34:37,776
How do you prove it?
837
00:34:37,819 --> 00:34:39,299
Yeah? So?
838
00:34:39,343 --> 00:34:41,997
So I woke up and
watched the tape again.
839
00:34:42,041 --> 00:34:44,435
I mean, the idea of it
actually woke me up.
840
00:34:44,478 --> 00:34:49,135
Only this time, I watched
it with that in mind.
841
00:34:49,179 --> 00:34:51,833
And I think I
found something.
842
00:34:53,705 --> 00:34:55,663
See that?
843
00:34:55,707 --> 00:34:58,275
See what?
844
00:34:58,318 --> 00:35:01,191
Kirk, the friend,
he puts his hands up
845
00:35:01,234 --> 00:35:03,541
before Rick pulls out his gun.
846
00:35:05,847 --> 00:35:09,112
You want proof it was an
inside job, there it is.
847
00:35:09,155 --> 00:35:11,636
You want to prove that
they knew each other,
848
00:35:11,679 --> 00:35:13,464
there it is.
849
00:35:13,507 --> 00:35:16,162
You want to prove that no one
was supposed to die that night?
850
00:35:16,206 --> 00:35:18,121
Picture's worth
a thousand words.
851
00:35:18,164 --> 00:35:20,601
If we can prove it's an inside
job with the cooperation
852
00:35:20,645 --> 00:35:22,168
of an employee of the store,
853
00:35:22,212 --> 00:35:23,604
technically,
there's no armed robbery,
854
00:35:23,648 --> 00:35:26,694
which negates the felony murder
charge, which means...
855
00:35:26,738 --> 00:35:29,175
George is actually
innocent.
856
00:35:29,219 --> 00:35:31,351
[sighs]
857
00:35:35,268 --> 00:35:37,052
Well, what'd you get?
858
00:35:37,096 --> 00:35:38,532
The mother lode, pretty much.
859
00:35:38,576 --> 00:35:40,055
Although I think
I did promise
860
00:35:40,099 --> 00:35:42,406
to marry the guy
who got them for me.Excellent.
861
00:35:42,449 --> 00:35:44,016
Who doesn't love
a good wedding?
862
00:35:44,059 --> 00:35:45,409
So you're looking
at call logs
863
00:35:45,452 --> 00:35:46,758
between Kirk's pager
and Rick's phone,
864
00:35:46,801 --> 00:35:48,760
Rick's pager
and Kirk's phone,
865
00:35:48,803 --> 00:35:51,328
and calls between both men's
phones starting in late 1999.
866
00:35:51,371 --> 00:35:54,505
Then it jumps
to ten exchanges per day
867
00:35:54,548 --> 00:35:57,812
during the week
of the robbery.
868
00:35:57,856 --> 00:35:59,553
Ah. Great.
869
00:35:59,597 --> 00:36:01,686
Um, go home,
get some sleep.
870
00:36:03,601 --> 00:36:05,385
What is your relationship
to the defendant?
871
00:36:05,429 --> 00:36:09,607
He's my younger brother.
872
00:36:09,650 --> 00:36:10,999
And what was
your relationship
873
00:36:11,043 --> 00:36:12,871
to the clerk who died
in the robbery--
874
00:36:12,914 --> 00:36:14,394
Kirk Getty?
875
00:36:14,438 --> 00:36:18,920
[sighs] I worked in the mall
as a custodian.
876
00:36:18,964 --> 00:36:20,748
Kirk sold sunglasses.
877
00:36:20,792 --> 00:36:22,446
We met one night.
878
00:36:22,489 --> 00:36:25,013
We hit it off.
879
00:36:25,057 --> 00:36:27,277
We realized, uh,
we had a lot in common.
880
00:36:27,320 --> 00:36:28,713
So,
881
00:36:28,756 --> 00:36:31,455
I mean, at what point
did the two of you decide
882
00:36:31,498 --> 00:36:32,456
to stage a robbery together?
883
00:36:32,499 --> 00:36:34,371
Objection. Leading.
884
00:36:34,414 --> 00:36:35,633
[gallery murmuring]
885
00:36:35,676 --> 00:36:37,243
My apologies,
Your Honor.
886
00:36:37,287 --> 00:36:39,202
Let me word it a different way.
887
00:36:39,245 --> 00:36:42,683
Uh... uh, whose idea was it
888
00:36:42,727 --> 00:36:45,251
to rob a check
cashing place?
889
00:36:45,295 --> 00:36:49,255
Well, it actually started out
with Kirk. He...
890
00:36:49,299 --> 00:36:51,562
You know, he wanted
to buy this motorcycle.
891
00:36:51,605 --> 00:36:55,348
Uh, but truthfully,
within 90 seconds,
892
00:36:55,392 --> 00:36:56,828
we were planning it together.
893
00:36:56,871 --> 00:36:59,657
Because he worked there,
he knew all the important stuff,
894
00:36:59,700 --> 00:37:02,312
like combination
to the safe
895
00:37:02,355 --> 00:37:04,749
and what day and time
to show up
896
00:37:04,792 --> 00:37:08,143
when there would be
the most cash there.
897
00:37:08,187 --> 00:37:11,451
It really seemed like
it was gonna be easy.
898
00:37:11,495 --> 00:37:12,844
And-and what about
your brother, George Brown?
899
00:37:12,887 --> 00:37:14,237
Was he in on the planning?
900
00:37:14,280 --> 00:37:17,588
No. George would never do
something like that.
901
00:37:17,631 --> 00:37:20,417
All he was doing that night
was picking me up from work.
902
00:37:20,460 --> 00:37:23,420
He didn't know why I wanted
903
00:37:23,463 --> 00:37:25,291
to stop by
the check cashing place.
904
00:37:25,335 --> 00:37:27,598
All he wanted was to get home.
905
00:37:27,641 --> 00:37:29,513
So you never planned
on killing anyone?
906
00:37:29,556 --> 00:37:32,080
Of course not. There were
no bullets in the gun.
907
00:37:32,124 --> 00:37:33,517
It was all
908
00:37:33,560 --> 00:37:35,345
for the security camera.
909
00:37:35,388 --> 00:37:38,652
With that in mind,
we'd like to enter into evidence
910
00:37:38,696 --> 00:37:41,351
the security camera
footage from that night,
911
00:37:41,394 --> 00:37:44,354
with a particular emphasis
on the time code numbers
912
00:37:44,397 --> 00:37:47,618
indicated on the paperwork.
913
00:37:47,661 --> 00:37:51,665
You can clearly see the victim
with his hands up,
914
00:37:51,709 --> 00:37:55,321
even before the witness
exposes his weapon.
915
00:37:55,365 --> 00:37:57,018
A clear indication
that he knew exactly
916
00:37:57,062 --> 00:37:58,759
what was going
to happen that night.
917
00:38:00,152 --> 00:38:02,110
As well as another time code,
918
00:38:02,154 --> 00:38:04,330
which clearly shows
the witness delaying his exit
919
00:38:04,374 --> 00:38:06,114
out of the store,
920
00:38:06,158 --> 00:38:08,508
so he could check
on the condition of his friend
921
00:38:08,552 --> 00:38:12,469
once he realized that he was
in some form of distress.
922
00:38:12,512 --> 00:38:16,647
Additionally, we'd like to enter
into evidence phone records
923
00:38:16,690 --> 00:38:20,781
that clearly indicate
the prior relationship
924
00:38:20,825 --> 00:38:22,783
between the witness
and the victim.
925
00:38:22,827 --> 00:38:23,871
[gallery murmuring]
926
00:38:23,915 --> 00:38:25,308
[gavel bangs]
927
00:38:25,351 --> 00:38:26,787
JUDGE:
Order in the court, please.
928
00:38:26,831 --> 00:38:31,009
Let's quiet down.
Let's quiet down.
929
00:38:31,052 --> 00:38:33,316
No further questions
for this witness, Your Honor.
930
00:38:34,969 --> 00:38:38,103
Marissa, we just hit them with
all the firepower we've got.
931
00:38:38,146 --> 00:38:39,539
Tell me it made a difference.
932
00:38:39,583 --> 00:38:41,933
You want the good news
or the bad news?
933
00:38:41,976 --> 00:38:43,543
All your generative jurors
finally woke up
934
00:38:43,587 --> 00:38:45,240
and have gone green.
935
00:38:45,284 --> 00:38:47,373
Bad news is,
there's only six of them.
936
00:38:47,417 --> 00:38:50,158
The other six
aren't quite there yet.
937
00:38:50,202 --> 00:38:52,378
Mr. Peluso, your witness.
938
00:38:52,422 --> 00:38:56,382
Uh, in light of all
this new information,
939
00:38:56,426 --> 00:38:58,384
if it pleases the Court,
I was hoping
940
00:38:58,428 --> 00:39:00,560
I could request a brief recess?
941
00:39:00,604 --> 00:39:03,694
This court will take
a 20-minute recess.
942
00:39:04,738 --> 00:39:06,740
What do you think
that means?
943
00:39:06,784 --> 00:39:09,047
I don't know.
Maybe he's a smoker.
944
00:39:09,090 --> 00:39:10,440
Maybe he's got
a small bladder.
945
00:39:13,443 --> 00:39:15,358
Maybe he wants to
borrow some money.
946
00:39:15,401 --> 00:39:17,272
I'll be right back.
947
00:39:21,146 --> 00:39:23,366
It's a great system,
isn't it?
948
00:39:23,409 --> 00:39:27,195
You go into it thinking,
"I know what's going on here.
949
00:39:27,239 --> 00:39:28,588
"I know what's right.
950
00:39:28,632 --> 00:39:30,764
I know where this
is gonna end up."
951
00:39:30,808 --> 00:39:32,549
And then...
952
00:39:32,592 --> 00:39:34,464
It's just a
great system.
953
00:39:34,507 --> 00:39:38,076
I think it's, like,
seven-five, or five-seven.
954
00:39:38,119 --> 00:39:39,643
Or maybe it's split
down the middle.
955
00:39:39,686 --> 00:39:42,472
What do you think?I think he's an innocent man.
956
00:39:42,515 --> 00:39:45,953
I think you know it.
I think they feel it.
957
00:39:45,997 --> 00:39:48,521
Thing is, you're not gonna get
'em all, and neither am I,
958
00:39:48,565 --> 00:39:50,349
which means you're
staring at a mistrial,
959
00:39:50,393 --> 00:39:52,656
which means you
steal another year
960
00:39:52,699 --> 00:39:55,310
of this guy's life
while he sits in jail
961
00:39:55,354 --> 00:39:56,921
waiting for his
second day in court.
962
00:39:56,964 --> 00:39:59,489
And his kids keep growing,
and his wife keeps wondering
963
00:39:59,532 --> 00:40:01,447
why she suddenly
became a single parent.
964
00:40:01,491 --> 00:40:03,710
And he's forced to
close his business
965
00:40:03,754 --> 00:40:05,320
and let his
employees go.
966
00:40:05,364 --> 00:40:09,716
And like I said when we
first met, what's the point?
967
00:40:09,760 --> 00:40:11,414
He's not a criminal.
968
00:40:11,457 --> 00:40:12,937
He never was.
969
00:40:12,980 --> 00:40:16,288
You really want me to go in
there and ask for a dismissal?
970
00:40:16,331 --> 00:40:18,377
I have people
I have to answer to.
971
00:40:18,421 --> 00:40:20,553
This is not
an easy conversation to have.
972
00:40:20,597 --> 00:40:22,599
Yeah, but the conversation
you want to have
973
00:40:22,642 --> 00:40:26,385
isn't happening today, so why
not get this one over with?
974
00:40:26,429 --> 00:40:29,083
In fact, why don't you
call 'em right now?
975
00:40:29,127 --> 00:40:32,304
Mr. Assistant District Attorney,
you're not a stupid man.
976
00:40:32,347 --> 00:40:34,698
You know you're not getting a
conviction against George Brown.
977
00:40:34,741 --> 00:40:36,526
Not today, not ever.
978
00:40:36,569 --> 00:40:39,572
And that's with me and my team
having about a week to prepare.
979
00:40:39,616 --> 00:40:43,620
You put my client through
another year of this hell,
980
00:40:43,663 --> 00:40:47,188
and I promise you I will
spend every day of that year
981
00:40:47,232 --> 00:40:49,495
getting ready for
the new trial.
982
00:40:49,539 --> 00:40:53,020
And when we meet again,
you won't know what hit you.
983
00:40:53,064 --> 00:40:57,503
Now I'm gonna go back inside
while you make up your mind.
984
00:40:57,547 --> 00:40:59,636
Surprise me.
985
00:41:08,166 --> 00:41:10,037
Your Honor?
986
00:41:12,039 --> 00:41:13,911
It's a great system, isn't it?
987
00:41:15,565 --> 00:41:18,611
You go into a trial thinking,
"I know what's going on here.
988
00:41:18,655 --> 00:41:19,743
"I know what's right.
989
00:41:19,786 --> 00:41:21,701
I know where
this is gonna end up."
990
00:41:21,745 --> 00:41:23,573
And then the system humbles you.
991
00:41:23,616 --> 00:41:26,532
You realize you hadn't
considered all the facts,
992
00:41:26,576 --> 00:41:28,665
that your thinking
may have been flawed.
993
00:41:28,708 --> 00:41:32,625
And that incarcerating someone
who almost certainly had no idea
994
00:41:32,669 --> 00:41:35,062
what was going on
in a building 35 feet away
995
00:41:35,106 --> 00:41:37,238
while he sat in a car
makes no sense.
996
00:41:37,282 --> 00:41:39,545
I believe that's the case here.
997
00:41:39,589 --> 00:41:41,678
And with that in mind,
the district attorney's office
998
00:41:41,721 --> 00:41:43,549
would like to
enter a motion
999
00:41:43,593 --> 00:41:45,943
to dismiss all charges
against George Brown.
1000
00:41:45,986 --> 00:41:47,466
[gavel bangs twice]
1001
00:41:47,510 --> 00:41:49,599
JUDGE: This court will accept
the prosecution's motion.
1002
00:41:49,642 --> 00:41:51,165
The defendant is free to go.
1003
00:41:51,209 --> 00:41:53,516
And we thank the jury
for its service.
1004
00:41:59,173 --> 00:42:01,175
Thank you.
1005
00:42:09,488 --> 00:42:12,273
I know we've never met before.
1006
00:42:14,319 --> 00:42:17,278
But my name is George.
1007
00:42:17,322 --> 00:42:19,324
My last name is Brown.
1008
00:42:21,544 --> 00:42:23,981
And you'd make me
the happiest man in the world
1009
00:42:24,024 --> 00:42:27,593
if you'd marry me and make that
your last name, too.
1010
00:42:37,647 --> 00:42:39,823
You know, I think
those two have a future
1011
00:42:39,866 --> 00:42:41,825
together.
1012
00:42:41,868 --> 00:42:43,827
Wait a second.
1013
00:42:43,870 --> 00:42:47,134
Are those tears? You
crying, you big old softie?
1014
00:42:47,178 --> 00:42:49,223
Excuse me.
I believe you're mistaken.
1015
00:42:49,267 --> 00:42:51,530
These are not tears.
1016
00:42:51,574 --> 00:42:53,706
Wasn't it Tom Hanks
who famously said,
1017
00:42:53,750 --> 00:42:56,317
"There's no tears
in trial science"?
1018
00:42:56,361 --> 00:42:58,798
No. I believe he was talking
about chocolates.
1019
00:42:58,842 --> 00:43:01,453
No reference
to trial science.Whatever.
1020
00:43:11,115 --> 00:43:13,117
Captioning sponsored by
CBS
1021
00:43:15,119 --> 00:43:17,121
Captioned by
Media Access Group at WGBH
access.wgbh.org
74967
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