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MAN [over earbuds]: ...on the
court tell a different story.
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You're listening
to Strictly Legal Talk,
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00:00:10,711 --> 00:00:12,104
a professional legal podcast.
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[knocking]
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MAN:
Excuse me, Judge Duggan?
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Tony. Come in.
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Listen, I know
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you're new, but everyone
around here calls me Madison.
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Yes, ma'am.
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I didn't mean to disturb you,
but the jury's in the box. [gavel bangs]
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Please introduce yourself
to Her Honor
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and the membersof the jury.
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My name is Debra Jansen,
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and I'm a registered nurse.
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Did you and the defendant,
Dr. Stanley Ferris,
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perform an assisted suicide?
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Yes. We did.
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And could you please
describe the circumstances?
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The patient was
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a 72-year-old male.
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He was sufferingfrom diabetes and heart disease.
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Didn't have long to live,
but obviously,
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in a tremendous amount of pain
and discomfort.
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[door opens]We went
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to his home.I administered
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four milligrams
of ondansetron.
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It's a tablet.
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We give itto prevent nausea,
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vomiting.
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Once he'd gotten that down,
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Dr. Ferris mixed ten grams
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of secobarbital
with apple juice.
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About 30 minutes later,
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the patient stopped breathing.
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Thank you. I have nothing
further, Your Honor.
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Any questions from the defense?
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MALLOY:
Let me ask you a
question, Ms. Jansen.
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The deceased was
suffering, wasn't he?
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Very much so. Yes.
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And he askedto be
euthanized, didn't he?
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Yes. Of course.
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Now the reason
you're here today,
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the reason we're all
here today is that
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the A.D.A. cut you
a deal in exchange for
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your testimony,isn't that right?
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She promised not to prosecute me
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for being a part of it
if I testified. Yes.
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Thank you.
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I have nothing further.
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DUGGAN:
Okay.
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Let's take a brief recess.
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Ms. Boyd, I'd like to see youand the witness in my chambers.
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I noticed there are federal
agents in the gallery.
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Ms. Boyd,
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when you promised
not to prosecute Ms. Jansen,
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did you reach out
to your federal counterparts
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and make sure the promise
would bind the United States
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Attorney's Office,
as well?
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No, Your Honor.
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So you made a deal
with this witness,
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but you didn'tget the Feds
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to sign off on it?
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Those FBI agents grab you,
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you are lookingat ten years.
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Ten years?
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So, wait. They're-they're here
to arrest me?
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I never would have agreed
to testify if I had known
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that could happen.
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You made a critical error.
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You should have dialed
in the Feds
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before you promised her
immunity.
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Okay. Wait a second.Let's figure this out.
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Maybe if you couldlet her stay in here,
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she could call her lawyer?
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All of us together--we can work this out.
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You're not going to
work anything out.
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They are here to do a job,
and they're gonna do it.
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The second she walks
back into that courtroom,
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they are gonna take
her into custody,
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whether she's called
a lawyer or not.
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Oh, my God.
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I have kids. I...
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Why don't you return
to the courtroom?
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Give us a moment.
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[door opens, closes]
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COURT OFFICER:All rise!
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Oh, no, no, stop.
Sorry for
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the delay, everyone.
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Agents, can you please
take your seats?
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I'd like to resume trial.
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Of course.
We'll leave
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in just a second,
but we need to speak
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to the witness
who just testified.
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The nurse.I think
you may have just missed her.
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Missed her?
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I believe she had another matterto attend to.
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Your Honor, let me be clear.
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We came here to arrest her.
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I don't know what to tell you.
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You understand
what this looks like?
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You called Ms. Jansen
into your chambers immediately
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after she confesses
to illegal drug distribution.
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Now she's gone?
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Again...
I don't know what to tell you.
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If you feel
you have lawful authority
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to arrest someone,
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then you should do so.You just need
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to do it in a way that doesn't
intimidate witnesses,
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or cause a disruption
in my courtroom.
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Understood?
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Oh, I completely understand,
Your Honor.
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But do you understand
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that in intentionally allowing
Ms. Jansen to evade arrest,
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you just committed
a federal crime?
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[gallery murmuring]
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Need you to step down
from the bench
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and put your hands
behind your back.
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And I need you
to leave my courtroom.
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I have a trial to attend to.
Court officer?
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Seriously?
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I'm asking you one last time.
Step off the bench.
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Judge Duggan,you're being charged
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with obstruction of justice andaiding and abetting an escape.
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You have the rightto remain silent...Save your breath.
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I know the song. I can
recite the lyrics by heart.
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Anything you say canand will be used against you
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in a court of law.
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You have the rightto an attorney.
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If you cannot afford
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an attorney, one will beprovided for you.
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MARISSA:
Wow.
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A judge with half a
million Twitter followers.
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CHUNK:
Well, I'm guessing
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she's a bleeding heart?
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The kind that sends defendants
home with a slap on the wrist?
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Well, that is not exactly the
way that I would describe her.
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A defendant was convictedof a drunk driving hit-and-run.
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She ordered him to spend a week
living at the morgue.
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Eating, sleeping.
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All of it, surrounded
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by lifeless, mangled victims
of car accidents.
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A week at the morgue?
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I think I'd rather go to prison.
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She sentenced another defendant,a slumlord,
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to live in one
of his rat-infested properties
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for six months.
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Oh. So she's one of those.
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And apparently, it is effective.
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Judge Duggan's defendantshave the lowest recidivism rates
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in the city-- an average of 17%.
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Sounds like there's a method
to her madness.
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[phone chimes, vibrates]Oh.
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That's her.
She's in the lobby.
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DUGGAN:
I appreciate
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you seeing me
on such short notice.
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I know you're both very busy.
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Happy to be of help.
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DUGGAN:First, I know what peopleare saying about me.
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They think I have
some sort of agenda,
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both political and personal.Well,
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you were elected to the bench.
People assume
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you have your sights set
on bigger and better things.
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BENNY:
The prosecutor is
alleging you used
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your platform as a judge
to raise your profile,
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make a political statement.
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The prosecutor's wrong.
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This isn't about self-promotionor assisted suicide.
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In fact, I don't even havean opinion on assisted suicide.
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Then, why'd you do it?
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You, of all people, know
the jeopardy you're facing.
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Could cost you 25 years
in prison,
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your seat on the bench,
your license to practice.
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I know it's gonna sound likesomething from a bumper sticker,
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but... I did it to protect
the sanctity of the courtroom,
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the sovereignty of judges,
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the-the business of
providing justice.
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BENNY:
Forgive me, but
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I'm not sure I follow.
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I'm responsible for what happensin my courtroom.
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I can't have people who would
otherwise testify worry
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that if they do, some other
arm of law is gonna be
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waiting for them in the lobby
because they owe back taxes,
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or they have
an outstanding parking ticket,
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or who knows what.
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BENNY:
So you let her
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exit through the judge's lobby
to the private elevator,
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and slip out the back door
of the courthouse?
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I gave her time
to consult with an attorney,
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so she could arrange to turn
herself in and avoid arrest.
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And did she?
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I don't know.
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I'm worried she fled.
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But that's not the point.
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And what is?
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Court has to be a safe space,
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a sacred space.
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Otherwise,
no one will participate.
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Criminals will walk free,
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the crime rate will rise.
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So will you help me?
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Will you represent me?
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Please?
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Well, when you put it like that.
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♪
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[bangs gavel]Good morning. I understand
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the defense has filed a motion
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to dismiss.
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That is correct,Your Honor.
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Hmm. I'll hear you.
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Although, I confess,
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my clerk has already informed meof your position.
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Apparently,
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your client was twittering
about it all morning.
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[gallery murmuring]
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Apparently, she's...
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quite the media sensation.
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It's tweeting,not twittering.
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Argue your motion, Mr. Colón.
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Of course, Your Honor.
[sighs]
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It is the defendant's contentionthat pursuant to Rule 12
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00:09:02,242 --> 00:09:04,810
of the Federal Rules
of Criminal Procedure
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that the indictment
must be dismissed.
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00:09:07,595 --> 00:09:10,163
My client is being
criminally prosecuted
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for doing exactly
what she was sworn to do--
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exercise judicial discretion,
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protect the integrity
of her courtroom, and
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ensure that justice is served.
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OLSEN:Does that mean
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you stipulate that your clientallowed someone to evade arrest?
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00:09:23,437 --> 00:09:25,613
He's admitting
his client did it.I am admitting
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00:09:25,657 --> 00:09:27,397
nothing of the kind.
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She allowed a witness
to seek counsel.
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Mr. Olsen, does the
United States have a response?
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00:09:32,925 --> 00:09:36,189
It's our position
that Ms. Duggan...
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Excuse me. It's JudgeDuggan.
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The woman is still a judge.
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I don't carewhat they call me.
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That's not the point.
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00:09:42,499 --> 00:09:44,110
We need to set
a certain tone.
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Ms. Duggan is under suspension.
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Judge Duggan is
on administrative leave
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until the case is resolved.
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And she should
be given
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the respect that she deserves.[gavel bangs]
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Gentlemen...
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since neither of you hasappeared in my courtroom before,
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let me set a few ground rules
for you.
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00:10:00,256 --> 00:10:02,345
I run a tight ship.
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00:10:02,389 --> 00:10:04,826
No one speaks out
of turn, and if
250
00:10:04,870 --> 00:10:07,437
I want you to elaborate on
anything, I will let you know.
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Got it?
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00:10:08,656 --> 00:10:10,353
Of course, Your Honor.Yes, Your Honor.
253
00:10:10,397 --> 00:10:12,878
Continue please, Mr. Olsen.
254
00:10:12,921 --> 00:10:16,403
The defendant's decision toignore a federal arrest warrant
255
00:10:16,446 --> 00:10:18,753
appears to have been
a publicity stunt
256
00:10:18,797 --> 00:10:21,321
orchestrated
by a media-savvy jurist,
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00:10:21,364 --> 00:10:24,629
hoping to eventuallyseek higher elected office.
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We simply cannot allow
obstructing the work
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of federal law enforcement
to be taken lightly.
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00:10:30,460 --> 00:10:34,682
The defendant must be held
accountable for her actions.
261
00:10:34,726 --> 00:10:36,858
I must say,
I agree with the prosecution.
262
00:10:36,902 --> 00:10:38,643
I'm not going
263
00:10:38,686 --> 00:10:41,297
to endorse
a rogue judge's behavior.
264
00:10:41,341 --> 00:10:44,692
The defendant's motion
to dismiss is denied.
265
00:10:44,736 --> 00:10:47,390
Case will be decided by a jury.
266
00:10:47,434 --> 00:10:49,871
Clearly, this is gonna
be an uphill battle.
267
00:10:49,915 --> 00:10:51,699
One more thing.
268
00:10:51,743 --> 00:10:53,701
Yes, Your Honor?
269
00:10:53,745 --> 00:10:55,877
I'm issuing a gag order.
270
00:10:55,921 --> 00:10:58,358
Respectfully, I don't believe
that's necessary, Your Honor.
271
00:10:58,401 --> 00:11:01,317
Objection noted and overruled.
272
00:11:01,361 --> 00:11:04,016
There will be no twittering
or Facebooking
273
00:11:04,059 --> 00:11:05,974
or any other form
of commentary
274
00:11:06,018 --> 00:11:08,498
during the pendency
of this case.
275
00:11:08,542 --> 00:11:10,109
Have I made myself clear?
276
00:11:10,152 --> 00:11:12,372
Yes, Your Honor.
277
00:11:14,200 --> 00:11:16,158
[sighs heavily]
Sorry, Bull.
278
00:11:16,202 --> 00:11:19,858
Try as I might, I just
could not make it go away.
279
00:11:19,901 --> 00:11:22,991
[sighs]Don't beat yourself up too much.
280
00:11:23,035 --> 00:11:25,341
I realize nowthere was no way on earth
281
00:11:25,385 --> 00:11:27,735
that judge was gonna letour judge off without a trial.
282
00:11:27,779 --> 00:11:29,737
Hmm.
283
00:11:29,781 --> 00:11:32,131
Have you read about our client?
284
00:11:32,174 --> 00:11:34,829
She sure does get some press.
285
00:11:34,873 --> 00:11:37,484
She had this one case once,
a residential burglary.
286
00:11:37,527 --> 00:11:39,878
Victim was juggling
two jobs at once.
287
00:11:39,921 --> 00:11:42,968
Husband was dying,
and she's caring for him.
288
00:11:43,011 --> 00:11:45,231
It's a huge burden
for her to get to the court
289
00:11:45,274 --> 00:11:46,798
during normal hours.
290
00:11:46,841 --> 00:11:51,280
So Judge Duggan decided she
was gonna hold court at night.
291
00:11:51,324 --> 00:11:54,719
Every component of the system
complained.
292
00:11:54,762 --> 00:11:56,895
Courthouse didn't want
to keep the lights on.
293
00:11:56,938 --> 00:11:59,245
The jail didn't want
to transport the prisoner
294
00:11:59,288 --> 00:12:00,507
after hours.
295
00:12:00,550 --> 00:12:03,902
But our client dug in
and made it happen.
296
00:12:03,945 --> 00:12:05,164
That's nice.
297
00:12:05,207 --> 00:12:06,818
I thinkit's more than nice.
298
00:12:06,861 --> 00:12:08,384
I think it'sindicative of someone
299
00:12:08,428 --> 00:12:10,778
who's committed to the ideathat justice should exist
300
00:12:10,822 --> 00:12:12,998
for everyone;it shouldn't be compromised
301
00:12:13,041 --> 00:12:15,696
because it might beinconvenient for the system.
302
00:12:15,740 --> 00:12:17,219
I think she
303
00:12:17,263 --> 00:12:19,091
genuinely believes
in these things.
304
00:12:19,134 --> 00:12:21,746
I believe she honestly thought
that the nurse's reward
305
00:12:21,789 --> 00:12:24,705
for being willing to testify
shouldn't be getting arrested
306
00:12:24,749 --> 00:12:26,576
by another agency.
307
00:12:26,620 --> 00:12:29,014
So, how do you
want to play this?
308
00:12:29,057 --> 00:12:31,103
Who would be on
your ideal jury?
309
00:12:31,146 --> 00:12:32,844
Well, here'san abstract idea.
310
00:12:32,887 --> 00:12:35,237
Sometimes you haveto skirt the law
311
00:12:35,281 --> 00:12:37,892
in order to maintainits integrity.
312
00:12:37,936 --> 00:12:39,894
You've got that right.Our client...
313
00:12:39,938 --> 00:12:41,983
[sighs]:
Judge Duggan...
314
00:12:42,027 --> 00:12:44,377
she's guided
by the spirit of the law
315
00:12:44,420 --> 00:12:45,726
rather than the letter of it.
316
00:12:45,770 --> 00:12:48,555
So we want people
who can see the big picture.
317
00:12:48,598 --> 00:12:50,687
Exactly. We need to deselect
narrow-minded thinkers
318
00:12:50,731 --> 00:12:53,603
and embrace people who are
at least willing to explore
319
00:12:53,647 --> 00:12:56,128
the possibility that,
while at first glance
320
00:12:56,171 --> 00:12:58,783
something may appear
precise and definite,
321
00:12:58,826 --> 00:13:01,437
it may be open
to interpretation,
322
00:13:01,481 --> 00:13:03,309
have a deeper meaning.
323
00:13:03,352 --> 00:13:04,484
Good morning.
324
00:13:04,527 --> 00:13:06,616
So, let me ask you a question.
325
00:13:06,660 --> 00:13:09,271
If I say "Statue of Liberty,"
326
00:13:09,315 --> 00:13:11,099
what does that
make you think of?
327
00:13:11,143 --> 00:13:12,274
I don't know.
328
00:13:12,318 --> 00:13:13,536
Liberty?
329
00:13:13,580 --> 00:13:14,711
Freedom?
330
00:13:14,755 --> 00:13:16,104
[quietly]:
I don't know.
331
00:13:16,148 --> 00:13:18,106
That answer
could cut either way.
332
00:13:18,150 --> 00:13:21,370
Could be viewed
as either literal or abstract.
333
00:13:21,414 --> 00:13:23,764
Or, really, just obvious.
334
00:13:23,808 --> 00:13:27,072
Kelly Wallace. 61 years old.
Teaches physics
335
00:13:27,115 --> 00:13:28,116
at Columbia University.
336
00:13:28,160 --> 00:13:29,248
Well, physicists
337
00:13:29,291 --> 00:13:31,641
are analytical
but also very creative.
338
00:13:31,685 --> 00:13:33,948
Physics itself is practical
339
00:13:33,992 --> 00:13:36,995
but can also be very...
theoretical.
340
00:13:37,996 --> 00:13:39,171
[mumbles]
341
00:13:40,128 --> 00:13:41,260
Okay.
342
00:13:41,303 --> 00:13:42,652
Liberty, freedom.
343
00:13:42,696 --> 00:13:43,958
Anything else?
344
00:13:44,002 --> 00:13:45,742
Hope.
345
00:13:45,786 --> 00:13:47,222
Ah, hope.
346
00:13:47,266 --> 00:13:49,572
Now, there's the abstract
thinker we're looking for.
347
00:13:49,616 --> 00:13:50,704
Your Honor,
348
00:13:50,747 --> 00:13:53,446
this juror is acceptable
to the defense.
349
00:13:53,489 --> 00:13:55,970
So, miss, let me
ask you a question.
350
00:13:56,014 --> 00:13:58,581
Now, this case makes reference
to assisted suicide,
351
00:13:58,625 --> 00:14:00,845
and I'm reading
on your questionnaire here
352
00:14:00,888 --> 00:14:02,498
that you are a nun.
353
00:14:02,542 --> 00:14:05,719
Do you think that you can
be fair and impartial?
354
00:14:05,762 --> 00:14:07,242
Well...
355
00:14:07,286 --> 00:14:09,201
suicide is a mortal sin.
356
00:14:09,244 --> 00:14:11,333
It's an act
against the will of God.
357
00:14:11,377 --> 00:14:13,814
I'm not sure
what else I can tell you.
358
00:14:13,858 --> 00:14:15,555
Thank you for your candor.
359
00:14:15,598 --> 00:14:16,991
Your Honor, we move
360
00:14:17,035 --> 00:14:19,341
to exclude this
juror for cause.
361
00:14:19,385 --> 00:14:21,082
Request is denied.
362
00:14:22,388 --> 00:14:24,129
Excuse me?Request is denied.
363
00:14:24,172 --> 00:14:25,782
There is no cause.
364
00:14:25,826 --> 00:14:27,001
That's absurd.
365
00:14:27,045 --> 00:14:28,437
This witness
just answered
366
00:14:28,481 --> 00:14:30,744
she considers suicide--
any kind of suicide--
367
00:14:30,787 --> 00:14:32,006
a mortal sin.
368
00:14:32,050 --> 00:14:33,529
I'd advise you to sit down.
369
00:14:33,573 --> 00:14:36,228
Counsel, want to take control
of your client?
370
00:14:36,271 --> 00:14:37,359
What more cause do you need?
371
00:14:37,403 --> 00:14:39,361
Take your seat.
Let Benny do his job.
372
00:14:39,405 --> 00:14:42,103
But this case isn't
about suicide, it's about you.
373
00:14:42,147 --> 00:14:45,019
Letting someone out the back
door to avoid being arrested.
374
00:14:45,063 --> 00:14:47,456
That someone who just assisted
in an act of suicide.
375
00:14:47,500 --> 00:14:49,371
How can you not see
the prejudicial effect
376
00:14:49,415 --> 00:14:51,199
that that might haveon this juror?
377
00:14:51,243 --> 00:14:52,940
Did you not hear me?Of course I did.
378
00:14:52,984 --> 00:14:54,811
The questions is,
did you hear me?
379
00:14:54,855 --> 00:14:55,900
Please let us handle this.
380
00:14:55,943 --> 00:14:57,423
This is my final warning.
381
00:14:57,466 --> 00:14:58,728
Take your seat.
382
00:14:58,772 --> 00:14:59,991
Your lawyer
383
00:15:00,034 --> 00:15:02,167
may exercise oneof his six preemptory challenges
384
00:15:02,210 --> 00:15:04,038
on this jury if he so chooses.
385
00:15:04,082 --> 00:15:06,040
That's not the point.
We shouldn't have to use
386
00:15:06,084 --> 00:15:07,737
one of our six
preemptory challenges
387
00:15:07,781 --> 00:15:09,478
when this juroris clearly biased.
388
00:15:09,522 --> 00:15:11,611
This is the last time
I'm gonna say it.
389
00:15:11,654 --> 00:15:14,309
Take your seat
and shut your mouth.
390
00:15:14,353 --> 00:15:16,050
[gallery murmuring]
391
00:15:16,094 --> 00:15:17,182
Fine.
392
00:15:17,225 --> 00:15:19,749
[grunts quietly]
I will take my seat
393
00:15:19,793 --> 00:15:22,404
and I will shut my mouth,
but I promise you,
394
00:15:22,448 --> 00:15:24,754
tomorrow morning
I am filing charges
395
00:15:24,798 --> 00:15:26,582
with the
Judicial Board of Review,
396
00:15:26,626 --> 00:15:28,236
and citing your...
your infantile behavior
397
00:15:28,280 --> 00:15:29,803
and yourwillful disregard
398
00:15:29,846 --> 00:15:31,761
for my rights!
399
00:15:31,805 --> 00:15:32,937
You were warned.
400
00:15:32,980 --> 00:15:35,417
I'm finding you
in contempt of court.
401
00:15:35,461 --> 00:15:38,812
[panting]:Marshal, take her into custody.
402
00:15:42,816 --> 00:15:44,296
[handcuffs clicking]
403
00:16:05,360 --> 00:16:07,449
♪
404
00:16:18,286 --> 00:16:20,680
Thank you for bailing me out.
405
00:16:20,723 --> 00:16:23,509
I know I should have
exercised better judgment
406
00:16:23,552 --> 00:16:25,511
with regards
to my behavior,
407
00:16:25,554 --> 00:16:27,513
but I hope you can
both appreciate
408
00:16:27,556 --> 00:16:29,602
that I am right
on the issues,
409
00:16:29,645 --> 00:16:30,820
on the principles
involved.
410
00:16:30,864 --> 00:16:32,039
I want desperately to believe
411
00:16:32,083 --> 00:16:33,519
that you're not really
that naive.
412
00:16:33,562 --> 00:16:35,303
Huh, wow, Dr. Bull.
413
00:16:35,347 --> 00:16:37,131
Tell me what you really think.
414
00:16:37,175 --> 00:16:39,046
Do you realize what you've done?
415
00:16:39,090 --> 00:16:41,353
The self-inflicted damage
that you've caused
416
00:16:41,396 --> 00:16:42,832
by pulling that stunt?
417
00:16:42,876 --> 00:16:44,486
You want to go to prison?
418
00:16:44,530 --> 00:16:45,922
No. Of course not.
419
00:16:45,966 --> 00:16:47,968
You have to understand
it didn't help your cause
420
00:16:48,012 --> 00:16:50,797
for the jury to see you
ushered out of the courtroom
421
00:16:50,840 --> 00:16:52,712
in handcuffs like that.
422
00:16:52,755 --> 00:16:55,584
That alone is
a huge setback for us.
423
00:16:56,716 --> 00:16:59,197
I don't disagree.
But they also saw
424
00:16:59,240 --> 00:17:01,982
a person stand up for herself
and really...
425
00:17:02,026 --> 00:17:03,331
Oh, come on. Look,
426
00:17:03,375 --> 00:17:05,290
I respect that you're a person
of principle.
427
00:17:05,333 --> 00:17:07,074
That's why I took you on
as a client.
428
00:17:07,118 --> 00:17:08,902
But...
[sighs]
429
00:17:08,945 --> 00:17:11,252
You completely destroyed
our narrative in there.
430
00:17:11,296 --> 00:17:12,949
We are trying
to convince the jury
431
00:17:12,993 --> 00:17:15,648
that you let a woman
escape federal custody
432
00:17:15,691 --> 00:17:18,259
because you believe
in the sanctity
433
00:17:18,303 --> 00:17:19,260
of the courtroom.
434
00:17:19,304 --> 00:17:21,567
Well, insultinga federal judge
435
00:17:21,610 --> 00:17:22,785
doesn't exactly demonstrate
436
00:17:22,829 --> 00:17:25,614
a belief in the sanctity
of the courtroom.
437
00:17:25,658 --> 00:17:27,616
You get that, right?
438
00:17:30,663 --> 00:17:32,752
This is me.
439
00:17:32,795 --> 00:17:34,754
[exhales]
440
00:17:34,797 --> 00:17:36,234
Okay.
441
00:17:36,277 --> 00:17:38,714
Tomorrow, let's trysomething different.
442
00:17:38,758 --> 00:17:40,368
You play the part
of the defendant,
443
00:17:40,412 --> 00:17:41,804
we'll play the part
of your legal team,
444
00:17:41,848 --> 00:17:44,068
and we'll let the judge
be the judge.
445
00:17:44,111 --> 00:17:45,808
What do you say?
446
00:17:45,852 --> 00:17:48,855
I'll certainly try my best.
447
00:17:50,596 --> 00:17:52,902
[car door opens]That would be appreciated.
448
00:17:52,946 --> 00:17:54,121
[door closes]
449
00:17:54,165 --> 00:17:55,427
OLSEN:
Agent Mercier,
450
00:17:55,470 --> 00:17:58,125
could you describe what
happened when you went
451
00:17:58,169 --> 00:17:59,953
into the defendant's
courtroom to effect
452
00:17:59,996 --> 00:18:02,086
a lawful arrest?MERCIER:
Well, the defendant
453
00:18:02,129 --> 00:18:04,697
came out of her chambers
and essentially admitted
454
00:18:04,740 --> 00:18:07,178
that she purposely aided
in the nurse's escape.
455
00:18:07,221 --> 00:18:08,875
Wow.
456
00:18:08,918 --> 00:18:11,312
And what were the
repercussions of that?Well,
457
00:18:11,356 --> 00:18:13,662
the most significant
was we lost our suspect.
458
00:18:13,706 --> 00:18:15,925
The nurse, Ms. Jansen.
459
00:18:15,969 --> 00:18:17,753
And do we have any idea
where she is right now?
460
00:18:17,797 --> 00:18:19,799
We're not certain, but we
believe she fled to Canada.
461
00:18:19,842 --> 00:18:23,846
And I assume the Bureau has
made attempts to locate her?
462
00:18:23,890 --> 00:18:25,457
Several.
463
00:18:25,500 --> 00:18:27,850
I have nothing further.
464
00:18:27,894 --> 00:18:29,939
How red is it?
465
00:18:29,983 --> 00:18:33,204
It is as red as red can be.
466
00:18:35,206 --> 00:18:37,121
BENNY:Agent Mercier,
467
00:18:37,164 --> 00:18:39,166
thank you
for testifying here today.
468
00:18:39,210 --> 00:18:40,863
Now...
469
00:18:40,907 --> 00:18:43,518
would it be fair to say
that you,
470
00:18:43,562 --> 00:18:45,868
a federal agent,
471
00:18:45,912 --> 00:18:47,522
entered my client's courtroom,
472
00:18:47,566 --> 00:18:49,524
a New York State courtroom,
473
00:18:49,568 --> 00:18:52,179
for the sole purpose
of arresting a witness?
474
00:18:52,223 --> 00:18:54,834
Yes. We've made no secret
about that fact.
475
00:18:54,877 --> 00:18:57,402
That's precisely what
we were there to do.
476
00:18:57,445 --> 00:18:59,752
And you don't thinkthere's anything amiss in that?
477
00:18:59,795 --> 00:19:02,189
Course not. As you well know,
478
00:19:02,233 --> 00:19:05,192
assisting in an act of suicide
is a federal crime.
479
00:19:05,236 --> 00:19:08,108
Once we heard that the nurse
was going to testify,
480
00:19:08,152 --> 00:19:10,415
once we realized that she was
probably going to confess
481
00:19:10,458 --> 00:19:13,069
on the stand,
we felt we had no choice
482
00:19:13,113 --> 00:19:15,855
but to be there
and take her into custody.Really?
483
00:19:15,898 --> 00:19:17,509
Agent Mercier, are you familiar
484
00:19:17,552 --> 00:19:20,512
with the Tenth Amendment
to the Constitution?
485
00:19:20,555 --> 00:19:22,340
"The powers
486
00:19:22,383 --> 00:19:24,255
"not delegated
to the United States
487
00:19:24,298 --> 00:19:25,734
"by the Constitution,
488
00:19:25,778 --> 00:19:28,389
"nor prohibited by it
to the States,
489
00:19:28,433 --> 00:19:31,871
"are reserved
to the States respectively,
490
00:19:31,914 --> 00:19:34,265
or to the people."
491
00:19:34,308 --> 00:19:36,310
You know what that means?
492
00:19:39,313 --> 00:19:43,665
Well, it means
that federal law enforcement
493
00:19:43,709 --> 00:19:47,234
are not allowed
to recklessly interfere
494
00:19:47,278 --> 00:19:49,671
with the functions
of state court.Objection.
495
00:19:49,715 --> 00:19:52,326
Agent Mercier isn't on trial.
496
00:19:52,370 --> 00:19:53,893
And it isn't Mr. Colón's job
497
00:19:53,936 --> 00:19:55,851
to lecture us
on the Constitution.
498
00:19:55,895 --> 00:19:58,550
I was getting to the question,
Your Honor.
499
00:19:58,593 --> 00:20:00,769
Then ask it, please.BENNY:Yes, sir.
500
00:20:02,162 --> 00:20:07,515
Now, you are a federal law
enforcement agent, sir.
501
00:20:07,559 --> 00:20:09,387
Sworn to uphold
the Constitution.
502
00:20:09,430 --> 00:20:11,824
Now, wouldn't you agree
that state court judges
503
00:20:11,867 --> 00:20:14,261
have a solemn duty
to protect witnesses
504
00:20:14,305 --> 00:20:16,220
and victims in their courtrooms?
505
00:20:16,263 --> 00:20:19,658
A duty guaranteed
by the Tenth Amendment?
506
00:20:19,701 --> 00:20:21,399
Well, I'm not
a constitutional scholar, sir,
507
00:20:21,442 --> 00:20:24,402
but yes,
that sounds about right.
508
00:20:24,445 --> 00:20:26,404
And would it surprise you
to know that the trial
509
00:20:26,447 --> 00:20:29,624
that you interrupted
was declared a mistrial
510
00:20:29,668 --> 00:20:31,931
and cost the taxpayers
a lot of money?
511
00:20:31,974 --> 00:20:33,541
No, I didn't know that.
512
00:20:33,585 --> 00:20:36,327
Sounds to me like you're the onewho violated the law
513
00:20:36,370 --> 00:20:38,590
and obstructed justice.
514
00:20:38,633 --> 00:20:41,419
Maybe you're the one who shouldbe sitting at the defense table,
515
00:20:41,462 --> 00:20:43,421
and Judge Duggan should be
the key witness against you.
516
00:20:43,464 --> 00:20:45,205
Not the other way around.
517
00:20:45,249 --> 00:20:46,337
No further questions,
Your Honor.
518
00:20:46,380 --> 00:20:47,860
[gallery murmuring]
519
00:20:49,818 --> 00:20:51,429
Thank you, Mr. Colón.
520
00:20:51,472 --> 00:20:52,952
Nice job, sir.
521
00:20:52,995 --> 00:20:55,171
[sighs]All part of the service.
522
00:20:55,215 --> 00:20:56,869
HOLLINGSWORTH:
Well, this seems good a place
523
00:20:56,912 --> 00:20:59,306
as any to stop for lunch, so...
524
00:20:59,350 --> 00:21:02,309
court will resume in an hour.
525
00:21:02,353 --> 00:21:04,355
All right.
526
00:21:10,186 --> 00:21:12,841
It's, uh, an updatedwitness list.
527
00:21:12,885 --> 00:21:14,626
Debra Jansen?
The nurse?
528
00:21:14,669 --> 00:21:16,062
They found her?
529
00:21:16,105 --> 00:21:19,457
I'm sensing this is not goodfor the home team.
530
00:21:19,500 --> 00:21:21,067
OLSEN:
Nurse Jansen,
531
00:21:21,110 --> 00:21:23,983
please tell us how you came
to be a fugitive from justice.
532
00:21:24,026 --> 00:21:26,812
Well, I was
in Judge Duggan's courtroom
533
00:21:26,855 --> 00:21:28,335
testifying,
534
00:21:28,379 --> 00:21:30,163
and I guessthese two FBI agents
535
00:21:30,206 --> 00:21:31,512
came in.
536
00:21:31,556 --> 00:21:34,080
I didn't really notice
at the time.
537
00:21:34,123 --> 00:21:35,951
But when I was done testifying,
538
00:21:35,995 --> 00:21:38,214
the judge had me come back
to her office.
539
00:21:38,258 --> 00:21:40,478
That's when she told me
she was pretty sure
540
00:21:40,521 --> 00:21:43,089
they were there to arrest me.
541
00:21:43,132 --> 00:21:46,179
Anyway, I asked the judge.
[exhales]
542
00:21:46,222 --> 00:21:47,746
I told her
I wanted to call a lawyer,
543
00:21:47,789 --> 00:21:48,747
get some help.
544
00:21:48,790 --> 00:21:50,009
And did you do that?
545
00:21:50,052 --> 00:21:52,011
The judge wouldn't let me.
546
00:21:52,054 --> 00:21:54,056
She said there was no time
for phone calls.
547
00:21:54,100 --> 00:21:57,190
So it was the defendant's idea
548
00:21:57,233 --> 00:21:59,671
for you to flee?
549
00:21:59,714 --> 00:22:01,020
Yes.
550
00:22:01,063 --> 00:22:04,023
She told me I should just run,
551
00:22:04,066 --> 00:22:05,372
as far as I could,
552
00:22:05,416 --> 00:22:07,374
as fast as I could.
553
00:22:07,418 --> 00:22:08,810
[gallery murmuring]
554
00:22:08,854 --> 00:22:10,377
That is not what happened.
555
00:22:10,421 --> 00:22:11,378
Lower your voice.
556
00:22:11,422 --> 00:22:12,379
OLSEN:So,
557
00:22:12,423 --> 00:22:13,728
that's what you did?
558
00:22:13,772 --> 00:22:15,382
She was the judge.
559
00:22:15,426 --> 00:22:17,819
I did what I was told.
560
00:22:17,863 --> 00:22:19,299
Grabbed my kids,
561
00:22:19,343 --> 00:22:22,520
jumped in my car
and drove to Quebec.
562
00:22:22,563 --> 00:22:24,130
Your witness.
563
00:22:27,742 --> 00:22:29,483
So, evading the law--
564
00:22:29,527 --> 00:22:32,573
that's something you
decided to do on your own.
565
00:22:32,617 --> 00:22:34,619
She told me to run,
566
00:22:34,662 --> 00:22:35,707
and I did.
567
00:22:35,750 --> 00:22:36,925
BENNY:"Run"?
568
00:22:36,969 --> 00:22:38,884
You sure that's
the word she used?
569
00:22:38,927 --> 00:22:40,668
I'm sure.Hmm.
570
00:22:40,712 --> 00:22:42,583
You sure she didn't say,
571
00:22:42,627 --> 00:22:45,238
"Go to someplace safe
and call a lawyer
572
00:22:45,281 --> 00:22:46,979
"and come up with a plan,
573
00:22:47,022 --> 00:22:50,156
"so that when federal agents do
eventually come and arrest you,
574
00:22:50,199 --> 00:22:52,332
you've got your ducks in a row"?
575
00:22:52,376 --> 00:22:54,247
She told me to run.
576
00:22:54,290 --> 00:22:55,466
All right.
577
00:22:55,509 --> 00:22:56,989
Let's review.
578
00:22:57,032 --> 00:23:01,428
So, you escaped prosecution
in the assisted suicide case
579
00:23:01,472 --> 00:23:03,387
by flipping on the doctor.
580
00:23:03,430 --> 00:23:04,736
Do I have that right?
581
00:23:04,779 --> 00:23:06,433
I was subpoenaed
to testify against him.
582
00:23:06,477 --> 00:23:07,869
So I did.
583
00:23:07,913 --> 00:23:10,394
And now you're trying
to curry favor with the Feds
584
00:23:10,437 --> 00:23:12,700
by turning on the one person
who was trying to help you.
585
00:23:12,744 --> 00:23:14,920
I'm just trying
to tell the truth.
586
00:23:14,963 --> 00:23:17,879
Oh, no. You are trying
to save yourself from prison.
587
00:23:17,923 --> 00:23:18,880
Objection.
588
00:23:18,924 --> 00:23:20,665
Sustained. Ask a question.
589
00:23:20,708 --> 00:23:23,711
You cut a deal with the Feds,
didn't you?
590
00:23:23,755 --> 00:23:26,410
I entered into a plea agreementwith the prosecutor.
591
00:23:26,453 --> 00:23:27,411
Right,
592
00:23:27,454 --> 00:23:28,412
right.
593
00:23:28,455 --> 00:23:29,630
And part of that agreement
594
00:23:29,674 --> 00:23:31,327
required for you to testify
595
00:23:31,371 --> 00:23:33,286
against the one person
who was looking out
596
00:23:33,329 --> 00:23:35,549
for you,
the one person
597
00:23:35,593 --> 00:23:37,551
who advised youto get a lawyer first
598
00:23:37,595 --> 00:23:39,031
and then surrenderto authorities,
599
00:23:39,074 --> 00:23:42,600
the one personwhose only intent in all this
600
00:23:42,643 --> 00:23:43,601
was to help you.
601
00:23:43,644 --> 00:23:44,732
I don't know
602
00:23:44,776 --> 00:23:46,038
what her intent was.
603
00:23:46,081 --> 00:23:47,822
But she sure seemed happy
604
00:23:47,866 --> 00:23:50,042
to be sticking it
to the FBI agents.
605
00:23:50,085 --> 00:23:51,173
Oh, come on.
606
00:23:51,217 --> 00:23:52,392
You don't know that.
607
00:23:52,436 --> 00:23:53,393
Sure, I do.
608
00:23:53,437 --> 00:23:54,829
When the A.D.A. left
609
00:23:54,873 --> 00:23:56,440
and I was alone
with Judge Duggan,
610
00:23:56,483 --> 00:23:58,529
she called the Feds "feebs."
611
00:23:58,572 --> 00:24:01,575
She said,"Those feebs,
612
00:24:01,619 --> 00:24:03,882
"they think they're God,
but they're not.
613
00:24:03,925 --> 00:24:07,102
In this courtroom, I'm God."
614
00:24:07,146 --> 00:24:09,148
[gallery murmuring]
615
00:24:09,191 --> 00:24:10,149
She's lying.
616
00:24:10,192 --> 00:24:11,498
I would never saysuch a thing.
617
00:24:11,542 --> 00:24:12,673
I believe you.
618
00:24:12,717 --> 00:24:15,415
Unfortunately, my
vote doesn't count.
619
00:24:21,203 --> 00:24:23,597
Judge Duggan, since
the start of this trial,
620
00:24:23,641 --> 00:24:26,513
people have been sitting in
the chair you're sitting in
621
00:24:26,557 --> 00:24:31,170
right now and they've painteda pretty damning picture of you.
622
00:24:31,213 --> 00:24:33,172
So here's my question.
623
00:24:33,215 --> 00:24:36,610
Is any of what
Nurse Jansen said true?
624
00:24:36,654 --> 00:24:38,960
Did you intentionally
obstruct justice?
625
00:24:39,004 --> 00:24:41,963
Were you flexing your
power and your muscle
626
00:24:42,007 --> 00:24:43,530
and sending a message?
627
00:24:43,574 --> 00:24:46,533
Or is Ms. Jansen simply lying?
628
00:24:46,577 --> 00:24:50,494
Well, whether or not someone islying is for the jury to decide.
629
00:24:50,537 --> 00:24:53,061
But I remember itquite differently.
630
00:24:53,105 --> 00:24:56,587
I admit I let Ms. Jansenleave out the back door.
631
00:24:56,630 --> 00:24:59,328
But I promise youit wasn't out of spite
632
00:24:59,372 --> 00:25:01,722
or because I havesome sort of god complex.
633
00:25:01,766 --> 00:25:05,552
Well, then help us
understand why you did it.
634
00:25:05,596 --> 00:25:09,904
I did it to protectthe integrity of the process.
635
00:25:09,948 --> 00:25:12,559
You have to understand--this is it for me.
636
00:25:12,603 --> 00:25:14,605
The law is my life.
637
00:25:14,648 --> 00:25:17,956
I eat, sleep and breathe it.
638
00:25:17,999 --> 00:25:19,305
I'm not married.
639
00:25:19,348 --> 00:25:20,524
I don't have any children.
640
00:25:20,567 --> 00:25:22,830
I don't even have any hobbies.
641
00:25:22,874 --> 00:25:25,267
The courtroom is my home.
642
00:25:25,311 --> 00:25:28,270
The people who pass through hereare my guests.
643
00:25:28,314 --> 00:25:31,360
And the people who work there
are my family.
644
00:25:31,404 --> 00:25:33,667
From the timeI was a child,
645
00:25:33,711 --> 00:25:35,582
all I ever wanted
to be was a judge.
646
00:25:35,626 --> 00:25:36,757
Other kids had
647
00:25:36,801 --> 00:25:40,108
astronauts or sports starsas their heroes.
648
00:25:40,152 --> 00:25:43,198
I had a big posterof Justice Thurgood Marshall
649
00:25:43,242 --> 00:25:44,852
above my bed.Mm.
650
00:25:44,896 --> 00:25:48,203
DUGGAN:
I believe in the
justice system.
651
00:25:48,247 --> 00:25:50,379
I revere it.
652
00:25:50,423 --> 00:25:53,121
But I also knowhow fragile it is.
653
00:25:53,165 --> 00:25:56,124
You tell people they havesomething to fear by testifying,
654
00:25:56,168 --> 00:25:58,692
they will stop testifying.
655
00:25:58,736 --> 00:26:01,652
And if that happens,
in my opinion,
656
00:26:01,695 --> 00:26:04,219
that is the end
of a civilized society.
657
00:26:04,263 --> 00:26:05,394
[gallery murmuring]
658
00:26:07,527 --> 00:26:09,877
Marissa, please tell me
this is making
659
00:26:09,921 --> 00:26:11,226
a difference.[beeping]
660
00:26:11,270 --> 00:26:14,403
Well, we just got
our first green.
661
00:26:14,447 --> 00:26:16,580
BENNY:So,
662
00:26:16,623 --> 00:26:18,190
just to be clear,
663
00:26:18,233 --> 00:26:20,845
why exactly did you allow
Nurse Jansen
664
00:26:20,888 --> 00:26:23,587
to leave via the back door
in the courthouse
665
00:26:23,630 --> 00:26:27,068
when you knew federal agents
were waiting in your courtroom
666
00:26:27,112 --> 00:26:28,069
to arrest her?
667
00:26:28,113 --> 00:26:29,636
So she could get an attorney.
668
00:26:29,680 --> 00:26:31,638
So she could have someoneon her side
669
00:26:31,682 --> 00:26:34,075
when she surrenderedto the authorities.
670
00:26:34,119 --> 00:26:37,165
She came into my courtroomthinking she was safe.
671
00:26:37,209 --> 00:26:41,039
She made a deal with the A.D.A.that she would testify
672
00:26:41,082 --> 00:26:44,433
in return for her promisethat she wouldn't be prosecuted.
673
00:26:44,477 --> 00:26:46,914
Unfortunately,the district attorney failed
674
00:26:46,958 --> 00:26:48,437
to run the deal by the Feds,
675
00:26:48,481 --> 00:26:50,744
so they feltthey were under no obligation
676
00:26:50,788 --> 00:26:53,094
to abide by it.
677
00:26:53,138 --> 00:26:54,226
BENNY:
And you felt
that was unfair?
678
00:26:54,269 --> 00:26:55,619
DUGGAN:
I felt the
state prosecutor
679
00:26:55,662 --> 00:26:58,012
put her and mein a terrible position.
680
00:26:58,056 --> 00:27:00,754
When she found out the Fedswere there to arrest her,
681
00:27:00,798 --> 00:27:02,277
she was crying.
682
00:27:02,321 --> 00:27:04,236
She was worriedabout her children.
683
00:27:04,279 --> 00:27:08,109
So you never instructed
her to flee the country?
684
00:27:08,153 --> 00:27:11,286
That would make mean accessory to a federal crime.
685
00:27:11,330 --> 00:27:14,420
I took an oathto uphold the law,
686
00:27:14,463 --> 00:27:15,726
not violate it.
687
00:27:15,769 --> 00:27:18,032
BENNY:
Thank you.
688
00:27:18,076 --> 00:27:20,165
That's all I have, Your Honor.
689
00:27:27,694 --> 00:27:31,655
So, let me be certain
that I understand.
690
00:27:31,698 --> 00:27:35,528
You just testified that you're
totally committed to the law,
691
00:27:35,571 --> 00:27:37,704
that your sole interest,
692
00:27:37,748 --> 00:27:39,271
your onlyinterest,
693
00:27:39,314 --> 00:27:41,665
is the pursuit of justice.
694
00:27:41,708 --> 00:27:42,796
Is that correct?
695
00:27:42,840 --> 00:27:44,668
Yes.So, in a sense,
696
00:27:44,711 --> 00:27:46,887
the work that you do--
697
00:27:46,931 --> 00:27:49,281
tweeting out your messages
about the court system,
698
00:27:49,324 --> 00:27:51,718
advising a witness in your
courtroom to seek counsel
699
00:27:51,762 --> 00:27:53,154
before she can be arrested--
700
00:27:53,198 --> 00:27:55,635
that's all... altruistic?
701
00:27:55,679 --> 00:27:57,942
I mean, there's nothingin it for you.
702
00:27:57,985 --> 00:28:00,858
Y-You're not seeking
notoriety or fame,
703
00:28:00,901 --> 00:28:02,337
are you?No.
704
00:28:02,381 --> 00:28:04,688
If fame or notorietyis a byproduct
705
00:28:04,731 --> 00:28:07,560
of getting people excitedabout the judicial system,
706
00:28:07,603 --> 00:28:08,735
then so be it.
707
00:28:08,779 --> 00:28:10,955
But, no, it is not my goal.
708
00:28:10,998 --> 00:28:13,871
You're just a
humble, honest...
709
00:28:13,914 --> 00:28:16,743
down-to-earth
state court judge.
710
00:28:16,787 --> 00:28:18,658
I like to think so. Yes.
711
00:28:18,702 --> 00:28:22,227
Well, thank you
for your honesty.
712
00:28:22,270 --> 00:28:24,098
Nothing further.
713
00:28:24,142 --> 00:28:25,317
[gallery murmuring]
714
00:28:28,537 --> 00:28:30,670
What in the world
was that about?
715
00:28:30,714 --> 00:28:32,585
Well, whatever it was,
it didn't work.
716
00:28:32,628 --> 00:28:34,848
It just keeps getting greener
and greener
717
00:28:34,892 --> 00:28:37,068
in here.
718
00:28:37,111 --> 00:28:38,373
Anything else from either side?
719
00:28:38,417 --> 00:28:40,724
Um, not at this time,
Your Honor.
720
00:28:40,767 --> 00:28:42,073
The defense rests.
721
00:28:42,116 --> 00:28:43,770
OLSEN:
Your Honor,
if the defense
722
00:28:43,814 --> 00:28:45,293
is done with their presentation,
723
00:28:45,337 --> 00:28:47,513
the government would like
to call a rebuttal witness.
724
00:28:47,556 --> 00:28:50,081
Of course you would.
725
00:28:50,124 --> 00:28:51,473
OLSEN:
Please tell us your name
and occupation.
726
00:28:51,517 --> 00:28:52,648
My name is Jake Monroe.
727
00:28:52,692 --> 00:28:53,867
I'm in the
entertainment business.
728
00:28:53,911 --> 00:28:56,914
Uh, artist representative.
729
00:28:56,957 --> 00:28:58,306
Talent agent.
730
00:28:58,350 --> 00:29:00,918
So you represent TV stars?
Actors and actresses?
731
00:29:00,961 --> 00:29:02,354
Well, the vast majority
of my business is
732
00:29:02,397 --> 00:29:04,791
in what's called nonfiction
television.
733
00:29:04,835 --> 00:29:07,707
Uh, reality television.I see.
734
00:29:07,751 --> 00:29:10,536
And are you familiar
with the defendant?
735
00:29:10,579 --> 00:29:12,930
MONROE: Uh, I am.She and I actually had
736
00:29:12,973 --> 00:29:14,845
a number of discussions
about the possibility
737
00:29:14,888 --> 00:29:16,629
of her getting into television.
738
00:29:16,672 --> 00:29:18,239
[gallery murmuring]
739
00:29:18,283 --> 00:29:20,024
Is this true?
You have an agent?
740
00:29:20,067 --> 00:29:21,329
How did we not know this?
741
00:29:21,373 --> 00:29:23,070
No. I've never had an agent.
742
00:29:23,114 --> 00:29:26,160
He invited me to lunch.Twice. That's it.
743
00:29:26,204 --> 00:29:28,249
OLSEN:I'm confused. Why would
744
00:29:28,293 --> 00:29:29,685
a state judge need
a talent agent?
745
00:29:29,729 --> 00:29:31,426
She was elected to office.
She has a job.
746
00:29:31,470 --> 00:29:35,691
Well, courtroom shows are
a very lucrative, uh, staple
747
00:29:35,735 --> 00:29:37,563
of daytime television.
748
00:29:37,606 --> 00:29:39,695
I read about Judge Duggan
in the papers,
749
00:29:39,739 --> 00:29:42,829
uh, started to followher Twitter account.
750
00:29:42,873 --> 00:29:44,265
And I've genuinely
come to believe
751
00:29:44,309 --> 00:29:46,093
that she could be
the next Judge Judy.
752
00:29:46,137 --> 00:29:47,921
Excuse me, Judge who?
753
00:29:47,965 --> 00:29:50,228
Judge Judy.
Very successful.
754
00:29:50,271 --> 00:29:52,491
But she's starting to age
out of the job.
755
00:29:52,534 --> 00:29:55,363
It's hard not to imagine that
someone like Judge Duggan,
756
00:29:55,407 --> 00:29:58,540
or someone like her,
is a potential successor.
757
00:29:58,584 --> 00:30:01,848
So you think she could be
a television judge?
758
00:30:01,892 --> 00:30:03,023
I do.
[chuckles]
759
00:30:03,067 --> 00:30:05,330
I mean, look at her.
She's beautiful,
760
00:30:05,373 --> 00:30:06,984
charismatic.
761
00:30:07,027 --> 00:30:10,248
She's positioned herself well.
She already has a following.
762
00:30:10,291 --> 00:30:12,598
You're talking about
all the-the tweeting,
763
00:30:12,641 --> 00:30:15,079
posting, social media.
764
00:30:15,122 --> 00:30:16,471
Objection, Your Honor.
765
00:30:16,515 --> 00:30:18,082
Counsel is leading the witness.
766
00:30:18,125 --> 00:30:20,084
Sustained.OLSEN: That's fine.
767
00:30:20,127 --> 00:30:21,999
I have nothing further,
Your Honor.
768
00:30:22,042 --> 00:30:24,044
[gallery murmuring]
769
00:30:25,480 --> 00:30:28,527
Did Taylor see anything
about this on social media?
770
00:30:28,570 --> 00:30:30,790
Taylor looked through everypost, tweet, blog and hashtag...
771
00:30:30,834 --> 00:30:32,357
With a fine-tooth comb,
and there's nothing
772
00:30:32,400 --> 00:30:34,968
about an agent,
nothing about television.
773
00:30:36,970 --> 00:30:38,711
Did you actually sign
any kind of agreement
774
00:30:38,754 --> 00:30:40,017
with this guy?No.
775
00:30:40,060 --> 00:30:41,453
Of course not.
776
00:30:41,496 --> 00:30:43,759
He told me he wanted
to make me a star.
777
00:30:43,803 --> 00:30:46,501
I laughed and picked his brain
about social media.
778
00:30:46,545 --> 00:30:47,981
Are you ready to
cross-examine, Counselor?
779
00:30:48,025 --> 00:30:49,940
Yes, I am, Your Honor.
780
00:30:51,202 --> 00:30:53,378
Mr. Monroe,
781
00:30:53,421 --> 00:30:54,683
yes or no question:
782
00:30:54,727 --> 00:30:56,903
did my client sign
a contract with you?
783
00:30:56,947 --> 00:30:58,862
Uh, on paper, no.
784
00:30:58,905 --> 00:31:00,515
But we had an understanding,
785
00:31:00,559 --> 00:31:02,256
which is a fairly typical way
of doing things
786
00:31:02,300 --> 00:31:03,431
in the entertainment business.
787
00:31:03,475 --> 00:31:05,694
And when the two of you
first met,
788
00:31:05,738 --> 00:31:07,044
who initiated the meeting?
789
00:31:07,087 --> 00:31:08,088
Did she call you,
790
00:31:08,132 --> 00:31:09,220
or did you call her?
791
00:31:09,263 --> 00:31:11,396
Uh, I initiated.
I called her.
792
00:31:11,439 --> 00:31:14,573
So this was all about
an idea you had.
793
00:31:14,616 --> 00:31:17,228
Point of fact, my client
never authorized you
794
00:31:17,271 --> 00:31:20,013
to seek any television
opportunities on her behalf.
795
00:31:20,057 --> 00:31:21,797
Isn't that true?
796
00:31:21,841 --> 00:31:23,277
No, I don't believe it is.
797
00:31:23,321 --> 00:31:25,758
Look, I do this for a living.
798
00:31:25,801 --> 00:31:27,716
Yes, she was playing
hard to get.
799
00:31:27,760 --> 00:31:30,937
She never actually said,
"Go do this for me."
800
00:31:30,981 --> 00:31:33,374
But we had lunch twice.
801
00:31:33,418 --> 00:31:35,072
And you don't come back
a second time
802
00:31:35,115 --> 00:31:37,378
unless you heard something
you liked the first time.
803
00:31:37,422 --> 00:31:40,120
[gallery murmuring]
804
00:31:40,164 --> 00:31:44,777
We have lost all
but one of our greens.
805
00:31:46,387 --> 00:31:48,128
[quietly]:
Come on, Benny.
806
00:31:48,172 --> 00:31:50,478
You admit...
807
00:31:50,522 --> 00:31:54,221
my client has no agreement
in place with you?
808
00:31:54,265 --> 00:31:56,310
Verbal or written.
Yes or no?
809
00:31:56,354 --> 00:31:59,183
No, we have no agreement.And the fact is,
810
00:31:59,226 --> 00:32:02,838
while you may be looking for atelevision opportunity for her,
811
00:32:02,882 --> 00:32:05,189
none of it is being done
at her behest-- true?
812
00:32:05,232 --> 00:32:07,147
True.
813
00:32:07,191 --> 00:32:09,628
Maybe she was saying
what she meant.
814
00:32:09,671 --> 00:32:12,413
Maybe she wasn't interested
in you... or TV.
815
00:32:12,457 --> 00:32:14,763
Objection.
Counsel is testifying.
816
00:32:14,807 --> 00:32:17,070
Ask a question.BENNY: Okay. All right.
817
00:32:17,114 --> 00:32:19,681
Here's a question.
818
00:32:19,725 --> 00:32:21,161
What's your motive here?
819
00:32:21,205 --> 00:32:24,208
This all about sour grapes?
820
00:32:24,251 --> 00:32:27,211
Because if you believe
in Judge Duggan,
821
00:32:27,254 --> 00:32:31,171
if you believe, like I do,
that her passion for the law,
822
00:32:31,215 --> 00:32:34,000
her sense of integrity,
her ability to communicate
823
00:32:34,044 --> 00:32:36,568
what makes our system
of justice so special
824
00:32:36,611 --> 00:32:39,005
is in fact what
makes her special,
825
00:32:39,049 --> 00:32:40,964
then what are you hoping
to accomplish
826
00:32:41,007 --> 00:32:44,097
by coming in here and casting
aspersions against her?
827
00:32:44,141 --> 00:32:46,273
You know, if this jury
finds her guilty,
828
00:32:46,317 --> 00:32:48,972
not only will shebe done as a judge,
829
00:32:49,015 --> 00:32:52,671
but you won't be able
to sell her to television.
830
00:32:52,714 --> 00:32:54,325
After all,
831
00:32:54,368 --> 00:32:56,805
who wants a judge
that's been found guilty
832
00:32:56,849 --> 00:32:58,807
of obstructing justice?
833
00:32:58,851 --> 00:33:01,114
Everybody.
834
00:33:01,158 --> 00:33:03,029
I mean, this woman ison the cusp
835
00:33:03,073 --> 00:33:05,162
of being a folk hero.
836
00:33:05,205 --> 00:33:08,426
She helped a regular citizenescape the clutches of the FBI.
837
00:33:08,469 --> 00:33:09,731
[chuckles]
838
00:33:09,775 --> 00:33:11,255
This is America.
839
00:33:11,298 --> 00:33:14,214
We look up to peoplewith a touch of badass in them.
840
00:33:14,258 --> 00:33:17,043
And, if I'm being
completely honest,
841
00:33:17,087 --> 00:33:19,263
she's an easier sell
if she loses this thing
842
00:33:19,306 --> 00:33:21,004
than if she wins.
843
00:33:21,047 --> 00:33:23,223
That's just the truth.
844
00:33:23,267 --> 00:33:24,833
[gallery murmuring]
845
00:33:24,877 --> 00:33:26,835
Tell me they
know better.
846
00:33:26,879 --> 00:33:28,750
Tell me they can see
through his cynicism.
847
00:33:28,794 --> 00:33:32,276
They know better. They can see
through his cynicism.
848
00:33:32,319 --> 00:33:34,626
HOLLINGSWORTH:
Mr. Colón,
849
00:33:34,669 --> 00:33:36,628
do you have anything else
for this witness?
850
00:33:36,671 --> 00:33:40,066
Nothing I can say in court,
Your Honor.
851
00:33:40,110 --> 00:33:42,634
[gavel bangs]
852
00:33:42,677 --> 00:33:44,592
Will the defendant please rise?
853
00:33:49,597 --> 00:33:51,208
Madam Foreperson,
have you reached a verdict?
854
00:33:51,251 --> 00:33:53,210
We have, Your Honor.
855
00:33:55,081 --> 00:33:56,952
We, the jury,
find the defendant guilty
856
00:33:56,996 --> 00:33:59,781
on all counts.OLSEN: Your Honor,
857
00:33:59,825 --> 00:34:01,566
the United States
moves for sentencing.
858
00:34:01,609 --> 00:34:03,394
Put sentencing over
to next week.
859
00:34:03,437 --> 00:34:06,701
Why? We're just
delaying the inevitable.Not necessarily.
860
00:34:06,745 --> 00:34:08,703
She's right.
It's over, Bull.
861
00:34:08,747 --> 00:34:10,357
I asked you to do something.
862
00:34:10,401 --> 00:34:11,837
Is the defense ready
for sentencing?
863
00:34:14,535 --> 00:34:16,189
No, Your Honor.
864
00:34:16,233 --> 00:34:19,584
We'd like a few daysso I can prepare my arguments,
865
00:34:19,627 --> 00:34:21,238
and my client can gether affairs in order.
866
00:34:28,375 --> 00:34:30,073
You can respect the process,
867
00:34:30,116 --> 00:34:32,597
and still not agreewith the outcome.
868
00:34:32,640 --> 00:34:33,902
And I don't.
869
00:34:36,122 --> 00:34:37,863
So here are my two cents.
870
00:34:37,906 --> 00:34:40,605
I think you're exactly
the kind of judge
871
00:34:40,648 --> 00:34:42,607
we need on the bench.
872
00:34:42,650 --> 00:34:45,392
I mean it.
873
00:34:45,436 --> 00:34:47,394
You're smart and fair.
874
00:34:47,438 --> 00:34:50,354
You treat everyone with respect.
875
00:34:50,397 --> 00:34:53,792
And you seem determined
to breathe life
876
00:34:53,835 --> 00:34:55,837
into an otherwise
stodgy institution.
877
00:34:55,881 --> 00:34:59,406
Not to mention you make people
actually want to be here.
878
00:34:59,450 --> 00:35:02,583
You have any idea
what a feat that is?
879
00:35:02,627 --> 00:35:04,281
So I'm not giving up.
880
00:35:04,890 --> 00:35:06,587
There's got to besome common ground.
881
00:35:06,631 --> 00:35:07,849
You're both judges.
882
00:35:07,893 --> 00:35:09,851
And you're both stubborn.
883
00:35:09,895 --> 00:35:11,810
You're both committedto your work.
884
00:35:11,853 --> 00:35:15,248
It doesn't matter.
He has it in for me.
885
00:35:15,292 --> 00:35:18,208
Let's not forget
he locked me up for contempt.
886
00:35:18,251 --> 00:35:19,644
Because you violated
his rules.
887
00:35:21,080 --> 00:35:22,864
That's right.
You spoke out of turn,
888
00:35:22,908 --> 00:35:25,258
and Judge Hollingsworth
did something about it.
889
00:35:25,302 --> 00:35:27,565
He exercised his
judicial discretion.
890
00:35:27,608 --> 00:35:29,132
And when you stop
and think about it,
891
00:35:29,175 --> 00:35:31,569
he believes injudicial sovereignty,
892
00:35:31,612 --> 00:35:33,397
which is kind ofanother way of saying
893
00:35:33,440 --> 00:35:37,357
he believes in the sanctity
of the courtroom.
894
00:35:37,401 --> 00:35:40,186
Does that remind you of anyone?
895
00:35:40,230 --> 00:35:42,754
Are both parties prepared
to make their arguments
896
00:35:42,797 --> 00:35:44,582
on sentencing?
897
00:35:44,625 --> 00:35:47,150
Actually, we'd like tocall a witness, Your Honor.
898
00:35:47,193 --> 00:35:48,542
We'd like to callJames Wheeler.
899
00:35:48,586 --> 00:35:50,718
Objection.
We haven't been given notice.
900
00:35:50,762 --> 00:35:52,285
This is the first
we've heard of this witness.
901
00:35:52,329 --> 00:35:54,113
BENNY:Well, as counsel well knows,
902
00:35:54,157 --> 00:35:58,161
the rules of discovery don't
apply in sentencing hearings.
903
00:35:58,204 --> 00:35:59,945
No notice is required.
904
00:35:59,988 --> 00:36:03,557
I agree.
Let's hear from Mr. Wheeler.
905
00:36:03,601 --> 00:36:05,124
I'm gonna get right to it,
Mr. Wheeler.
906
00:36:05,168 --> 00:36:06,734
You are no stranger
907
00:36:06,778 --> 00:36:09,607
to the criminal justice
system, are you?
908
00:36:09,650 --> 00:36:12,523
No, I'm sorry to say I'm not.
909
00:36:12,566 --> 00:36:15,090
You have been convicted
of a crime, haven't you?
910
00:36:15,134 --> 00:36:18,137
Yes. When I was a teenager,
911
00:36:18,181 --> 00:36:20,574
I-I was a member of a gang,
912
00:36:20,618 --> 00:36:24,230
and I...
wegot into trouble, yes.
913
00:36:24,274 --> 00:36:27,494
Five years ago,
did you rob a liquor store?
914
00:36:27,538 --> 00:36:29,409
I did.
915
00:36:29,453 --> 00:36:31,411
Four of us went in,
916
00:36:31,455 --> 00:36:33,413
and one of the guys had a gun.
917
00:36:33,457 --> 00:36:35,110
And you stood watch
while he demanded money.
918
00:36:35,154 --> 00:36:38,549
[scoffs]
Yes, I did.
919
00:36:38,592 --> 00:36:41,334
And were you prosecuted
for the robbery?
920
00:36:41,378 --> 00:36:43,510
We all were.
921
00:36:43,554 --> 00:36:46,818
And everyone got sent to prison,
922
00:36:46,861 --> 00:36:49,124
ex-except me.
923
00:36:49,168 --> 00:36:50,604
And why is that?Your Honor,
924
00:36:50,648 --> 00:36:51,910
we all know where
this is going.
925
00:36:51,953 --> 00:36:53,259
I'd like to hear
from the witness.
926
00:36:53,303 --> 00:36:54,521
Continue.
927
00:36:56,306 --> 00:36:57,524
I don't know.
928
00:36:57,568 --> 00:36:59,178
I think the judge saw
something in me,
929
00:36:59,222 --> 00:37:02,268
thought I-I could do something
with my life.
930
00:37:02,312 --> 00:37:05,228
Anyway, I got sentenced
to probation.
931
00:37:05,271 --> 00:37:06,664
And what's happened since then?
932
00:37:06,707 --> 00:37:09,971
Well, I finished my probation.
933
00:37:10,015 --> 00:37:12,452
Haven't gotten in trouble since.
934
00:37:12,496 --> 00:37:14,237
You finish high school?
935
00:37:14,280 --> 00:37:15,716
Got my GED,
936
00:37:15,760 --> 00:37:17,501
and now I'm in college,
937
00:37:17,544 --> 00:37:20,634
studying to be
a computer programmer.
938
00:37:20,678 --> 00:37:22,636
And I-I also help out
my little brother.
939
00:37:22,680 --> 00:37:24,899
He's graduating high school
next year.
940
00:37:24,943 --> 00:37:27,293
So...
941
00:37:27,337 --> 00:37:31,210
the judge saw
something special in you,
942
00:37:31,254 --> 00:37:32,994
gave you a break,and now
943
00:37:33,038 --> 00:37:36,389
you are a productive
member of society.
944
00:37:36,433 --> 00:37:40,175
I-I like to think so, yeah.
945
00:37:40,219 --> 00:37:44,702
Mr. Wheeler, could you please
look around the courtroom
946
00:37:44,745 --> 00:37:47,705
and identify that judge for us?
947
00:37:51,839 --> 00:37:54,538
Uh...
948
00:37:54,581 --> 00:37:56,235
he's sitting right here.
949
00:37:56,279 --> 00:37:58,019
[gallery murmuring]
950
00:37:58,063 --> 00:38:00,195
Judge Hollingsworth...
951
00:38:02,589 --> 00:38:03,851
Thank you.
952
00:38:03,895 --> 00:38:06,332
I-I know it's been a while.
953
00:38:06,376 --> 00:38:09,944
I guess you don'tremember me.
954
00:38:09,988 --> 00:38:11,424
But I remember you.
955
00:38:13,208 --> 00:38:15,515
And I'll never forget
what you did for me.
956
00:38:17,430 --> 00:38:20,128
Objection.
That is a touching story,
957
00:38:20,172 --> 00:38:22,130
but the witness has no relevance
958
00:38:22,174 --> 00:38:23,567
to the sentencing
of this defendant.
959
00:38:23,610 --> 00:38:26,265
BENNY:I'm sorry, I disagree.
960
00:38:26,309 --> 00:38:29,312
It's completely relevant,
Your Honor.
961
00:38:29,355 --> 00:38:32,053
You know, there's a striking
similarity between
962
00:38:32,097 --> 00:38:34,317
what you did for Mr. Wheeler
963
00:38:34,360 --> 00:38:37,232
and what Judge Duggan was
trying to do for Nurse Jansen.
964
00:38:37,276 --> 00:38:39,931
Now, Nurse Jansen was
965
00:38:39,974 --> 00:38:42,063
led to believe that
966
00:38:42,107 --> 00:38:46,329
what she was doing, testifying,was the right thing to do.
967
00:38:46,372 --> 00:38:49,114
Not a trap, but a solemn duty.
968
00:38:49,157 --> 00:38:51,377
And even though
it might not have
969
00:38:51,421 --> 00:38:53,597
hewed to the letter of the law,
970
00:38:53,640 --> 00:38:56,730
Judge Duggan could not allow herto be arrested
971
00:38:56,774 --> 00:38:59,559
without benefit of counsel.
972
00:38:59,603 --> 00:39:03,911
Hauled off in handcuffs
in front of jurors
973
00:39:03,955 --> 00:39:05,652
and members of
the general public
974
00:39:05,696 --> 00:39:06,827
sitting in the gallery.
975
00:39:06,871 --> 00:39:09,264
No.
976
00:39:09,308 --> 00:39:11,266
In her judicial wisdom,
977
00:39:11,310 --> 00:39:15,227
she realized there had to be
another way.
978
00:39:15,270 --> 00:39:17,447
One that didn't compromise
her courtroom,
979
00:39:17,490 --> 00:39:21,929
but also didn't shortchange
or undercut the authority
980
00:39:21,973 --> 00:39:24,845
of the federal agents charged
with bringing her in.
981
00:39:24,889 --> 00:39:27,282
Don't you see,
Judge Hollingsworth?
982
00:39:29,284 --> 00:39:31,939
You did the same thing
in Mr. Wheeler's case.
983
00:39:31,983 --> 00:39:34,812
You ignored the federal
sentencing guidelines,
984
00:39:34,855 --> 00:39:38,381
and instead, looked
to the purpose behind them.
985
00:39:38,424 --> 00:39:41,601
Which is to promote
public safety
986
00:39:41,645 --> 00:39:43,168
and the good of our society.
987
00:39:43,211 --> 00:39:47,128
I mean, isn't that one ofthe reasons why we have judges?
988
00:39:47,172 --> 00:39:50,654
To bring their human wisdom
and judgment to bear?
989
00:39:53,483 --> 00:39:54,658
Thank you, Mr. Colón.
990
00:39:56,877 --> 00:39:58,226
Mr. Olsen,
991
00:39:58,270 --> 00:39:59,967
do you have any evidence
to present on sentencing?
992
00:40:00,011 --> 00:40:04,058
No, Your Honor.
993
00:40:04,102 --> 00:40:06,844
I would simply ask that
you sentence the defendant
994
00:40:06,887 --> 00:40:08,193
to serve 48 months
995
00:40:08,236 --> 00:40:10,500
in prison.HOLLINGSWORTH: Mr. Colón,
996
00:40:10,543 --> 00:40:12,327
I'll hear your recommendation.
997
00:40:12,371 --> 00:40:15,461
Actually, Your Honor, I'm not
making any recommendations.
998
00:40:15,505 --> 00:40:18,508
I'm asking you to exercise
your sovereignty
999
00:40:18,551 --> 00:40:20,205
and discretion one more time.
1000
00:40:20,248 --> 00:40:22,337
You have the power
1001
00:40:22,381 --> 00:40:24,165
to right this wrong.
1002
00:40:24,209 --> 00:40:26,472
You can issue a judgment
of acquittal.
1003
00:40:26,516 --> 00:40:29,475
You want me to set aside
the jury's verdict
1004
00:40:29,519 --> 00:40:31,651
and enter a finding
of not guilty?
1005
00:40:31,695 --> 00:40:33,479
I do.
1006
00:40:33,523 --> 00:40:36,221
It's highly unusual.
1007
00:40:36,264 --> 00:40:38,832
Unusual, but not unwarranted.
1008
00:40:38,876 --> 00:40:42,793
Judge Duggan is a principledjurist, and so are you.
1009
00:40:42,836 --> 00:40:45,491
No legitimate purpose
1010
00:40:45,535 --> 00:40:48,189
will be served by
branding her a felon
1011
00:40:48,233 --> 00:40:50,453
and sending her to prison.
1012
00:41:02,900 --> 00:41:05,729
Judge Duggan, please rise.
1013
00:41:09,428 --> 00:41:11,735
I've made my ruling.
1014
00:41:13,780 --> 00:41:16,653
I don't condone what you did,
1015
00:41:16,696 --> 00:41:20,091
but I respect your reasoning.
1016
00:41:22,049 --> 00:41:24,661
And I'm-I'm going to adopt
Mr. Colón's request
1017
00:41:24,704 --> 00:41:27,272
and issue a judgment
for acquittal.
1018
00:41:28,926 --> 00:41:30,101
Your Honor...
1019
00:41:30,144 --> 00:41:31,494
Do not speak, Mr. Olsen,
1020
00:41:31,537 --> 00:41:33,844
or I will hold you in contempt.
1021
00:41:33,887 --> 00:41:35,889
I hereby
1022
00:41:35,933 --> 00:41:37,891
set aside the jury's verdict,
1023
00:41:37,935 --> 00:41:40,764
and I find you not guilty.
1024
00:41:40,807 --> 00:41:43,070
[gavel bangs]Court is in recess.
1025
00:41:50,817 --> 00:41:52,471
Hey.
1026
00:41:52,515 --> 00:41:56,475
Ah.Look at her.
1027
00:41:56,519 --> 00:41:58,172
She looks like a kid
who just found out
1028
00:41:58,216 --> 00:42:00,087
she doesn't have to change
schools, clean out her locker
1029
00:42:00,131 --> 00:42:03,569
and leave her friendsafter all.Mm.
1030
00:42:03,613 --> 00:42:05,179
Of course, it'snot quite over.
1031
00:42:05,223 --> 00:42:08,095
She's still got to go before theCommittee on Judicial Conduct.
1032
00:42:08,139 --> 00:42:11,272
I'm gonna see if they'lllet me testify on her behalf.
1033
00:42:13,231 --> 00:42:14,580
You were right
about her, Bull.
1034
00:42:14,624 --> 00:42:17,670
You were right about all of it.[laughs]: Yeah.
1035
00:42:17,714 --> 00:42:18,976
Well, what can I say?
1036
00:42:19,019 --> 00:42:23,197
She loves court,trials and juries.
1037
00:42:23,241 --> 00:42:25,199
Guess it takes oneto know one.
1038
00:42:25,243 --> 00:42:27,027
Want to get out of here?
1039
00:42:27,071 --> 00:42:28,855
Lead the way, sir.
75483
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