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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:07,621 --> 00:00:08,839 MAN [over earbuds]: ...on the court tell a different story. 2 00:00:08,883 --> 00:00:10,667 You're listening to Strictly Legal Talk, 3 00:00:10,711 --> 00:00:12,104 a professional legal podcast. 4 00:00:20,155 --> 00:00:21,374 [knocking] 5 00:00:21,417 --> 00:00:25,421 MAN: Excuse me, Judge Duggan? 6 00:00:25,465 --> 00:00:27,249 Tony. Come in. 7 00:00:27,293 --> 00:00:29,904 Listen, I know 8 00:00:29,947 --> 00:00:32,037 you're new, but everyone around here calls me Madison. 9 00:00:32,080 --> 00:00:34,039 Yes, ma'am. 10 00:00:34,082 --> 00:00:36,519 I didn't mean to disturb you, but the jury's in the box. [gavel bangs] 11 00:00:36,563 --> 00:00:39,087 Please introduce yourself to Her Honor 12 00:00:39,131 --> 00:00:41,089 and the membersof the jury. 13 00:00:41,133 --> 00:00:43,352 My name is Debra Jansen, 14 00:00:43,396 --> 00:00:45,093 and I'm a registered nurse. 15 00:00:45,137 --> 00:00:48,183 Did you and the defendant, Dr. Stanley Ferris, 16 00:00:48,227 --> 00:00:50,185 perform an assisted suicide? 17 00:00:50,229 --> 00:00:52,274 Yes. We did. 18 00:00:52,318 --> 00:00:55,190 And could you please describe the circumstances? 19 00:00:55,234 --> 00:00:56,452 The patient was 20 00:00:56,496 --> 00:00:58,541 a 72-year-old male. 21 00:00:58,585 --> 00:01:01,370 He was sufferingfrom diabetes and heart disease. 22 00:01:01,414 --> 00:01:04,460 Didn't have long to live, but obviously, 23 00:01:04,504 --> 00:01:07,115 in a tremendous amount of pain and discomfort. 24 00:01:07,159 --> 00:01:08,812 [door opens]We went 25 00:01:08,856 --> 00:01:10,727 to his home.I administered 26 00:01:10,771 --> 00:01:12,512 four milligrams of ondansetron. 27 00:01:12,555 --> 00:01:13,817 It's a tablet. 28 00:01:13,861 --> 00:01:15,297 We give itto prevent nausea, 29 00:01:15,341 --> 00:01:16,951 vomiting. 30 00:01:16,994 --> 00:01:19,475 Once he'd gotten that down, 31 00:01:19,519 --> 00:01:21,999 Dr. Ferris mixed ten grams 32 00:01:22,043 --> 00:01:24,480 of secobarbital with apple juice. 33 00:01:24,524 --> 00:01:26,178 About 30 minutes later, 34 00:01:26,221 --> 00:01:27,831 the patient stopped breathing. 35 00:01:27,875 --> 00:01:30,660 Thank you. I have nothing further, Your Honor. 36 00:01:30,704 --> 00:01:33,185 Any questions from the defense? 37 00:01:35,056 --> 00:01:36,840 MALLOY: Let me ask you a question, Ms. Jansen. 38 00:01:36,884 --> 00:01:39,887 The deceased was suffering, wasn't he? 39 00:01:39,930 --> 00:01:41,323 Very much so. Yes. 40 00:01:41,367 --> 00:01:45,110 And he askedto be euthanized, didn't he? 41 00:01:45,153 --> 00:01:46,850 Yes. Of course. 42 00:01:46,894 --> 00:01:49,418 Now the reason you're here today, 43 00:01:49,462 --> 00:01:53,074 the reason we're all here today is that 44 00:01:53,118 --> 00:01:55,207 the A.D.A. cut you a deal in exchange for 45 00:01:55,250 --> 00:01:57,034 your testimony,isn't that right? 46 00:01:57,078 --> 00:01:59,254 She promised not to prosecute me 47 00:01:59,298 --> 00:02:01,909 for being a part of it if I testified. Yes. 48 00:02:01,952 --> 00:02:03,084 Thank you. 49 00:02:03,128 --> 00:02:04,346 I have nothing further. 50 00:02:04,390 --> 00:02:05,521 DUGGAN: Okay. 51 00:02:05,565 --> 00:02:07,175 Let's take a brief recess. 52 00:02:07,219 --> 00:02:10,570 Ms. Boyd, I'd like to see youand the witness in my chambers. 53 00:02:17,054 --> 00:02:20,232 I noticed there are federal agents in the gallery. 54 00:02:20,275 --> 00:02:22,234 Ms. Boyd, 55 00:02:22,277 --> 00:02:24,366 when you promised not to prosecute Ms. Jansen, 56 00:02:24,410 --> 00:02:26,455 did you reach out to your federal counterparts 57 00:02:26,499 --> 00:02:29,154 and make sure the promise would bind the United States 58 00:02:29,197 --> 00:02:30,416 Attorney's Office, as well? 59 00:02:30,459 --> 00:02:32,679 No, Your Honor. 60 00:02:32,722 --> 00:02:34,420 So you made a deal with this witness, 61 00:02:34,463 --> 00:02:35,943 but you didn'tget the Feds 62 00:02:35,986 --> 00:02:37,292 to sign off on it? 63 00:02:37,336 --> 00:02:39,990 Those FBI agents grab you, 64 00:02:40,034 --> 00:02:41,905 you are lookingat ten years. 65 00:02:41,949 --> 00:02:43,429 Ten years? 66 00:02:44,995 --> 00:02:47,737 So, wait. They're-they're here to arrest me? 67 00:02:47,781 --> 00:02:50,653 I never would have agreed to testify if I had known 68 00:02:50,697 --> 00:02:52,481 that could happen. 69 00:02:52,525 --> 00:02:54,266 You made a critical error. 70 00:02:54,309 --> 00:02:56,006 You should have dialed in the Feds 71 00:02:56,050 --> 00:02:57,573 before you promised her immunity. 72 00:02:57,617 --> 00:02:59,401 Okay. Wait a second.Let's figure this out. 73 00:02:59,445 --> 00:03:01,403 Maybe if you couldlet her stay in here, 74 00:03:01,447 --> 00:03:02,752 she could call her lawyer? 75 00:03:02,796 --> 00:03:04,885 All of us together--we can work this out. 76 00:03:04,928 --> 00:03:06,495 You're not going to work anything out. 77 00:03:06,539 --> 00:03:09,411 They are here to do a job, and they're gonna do it. 78 00:03:09,455 --> 00:03:11,239 The second she walks back into that courtroom, 79 00:03:11,283 --> 00:03:13,110 they are gonna take her into custody, 80 00:03:13,154 --> 00:03:15,112 whether she's called a lawyer or not. 81 00:03:15,156 --> 00:03:16,853 Oh, my God. 82 00:03:16,897 --> 00:03:19,291 I have kids. I... 83 00:03:24,296 --> 00:03:26,602 Why don't you return to the courtroom? 84 00:03:26,646 --> 00:03:28,256 Give us a moment. 85 00:03:31,999 --> 00:03:35,394 [door opens, closes] 86 00:03:40,181 --> 00:03:41,443 COURT OFFICER:All rise! 87 00:03:41,487 --> 00:03:43,750 Oh, no, no, stop. Sorry for 88 00:03:43,793 --> 00:03:45,186 the delay, everyone. 89 00:03:46,666 --> 00:03:49,190 Agents, can you please take your seats? 90 00:03:49,234 --> 00:03:50,626 I'd like to resume trial. 91 00:03:50,670 --> 00:03:52,280 Of course. We'll leave 92 00:03:52,324 --> 00:03:53,803 in just a second, but we need to speak 93 00:03:53,847 --> 00:03:55,240 to the witness who just testified. 94 00:03:55,283 --> 00:03:57,111 The nurse.I think you may have just missed her. 95 00:03:57,154 --> 00:03:58,678 Missed her? 96 00:03:58,721 --> 00:04:01,028 I believe she had another matterto attend to. 97 00:04:01,071 --> 00:04:03,030 Your Honor, let me be clear. 98 00:04:03,073 --> 00:04:04,292 We came here to arrest her. 99 00:04:04,336 --> 00:04:06,642 I don't know what to tell you. 100 00:04:06,686 --> 00:04:08,992 You understand what this looks like? 101 00:04:09,036 --> 00:04:11,821 You called Ms. Jansen into your chambers immediately 102 00:04:11,865 --> 00:04:14,476 after she confesses to illegal drug distribution. 103 00:04:14,520 --> 00:04:15,825 Now she's gone? 104 00:04:15,869 --> 00:04:18,567 Again... I don't know what to tell you. 105 00:04:18,611 --> 00:04:20,787 If you feel you have lawful authority 106 00:04:20,830 --> 00:04:22,179 to arrest someone, 107 00:04:22,223 --> 00:04:24,094 then you should do so.You just need 108 00:04:24,138 --> 00:04:26,401 to do it in a way that doesn't intimidate witnesses, 109 00:04:26,445 --> 00:04:28,534 or cause a disruption in my courtroom. 110 00:04:28,577 --> 00:04:30,405 Understood? 111 00:04:30,449 --> 00:04:33,103 Oh, I completely understand, Your Honor. 112 00:04:33,147 --> 00:04:34,714 But do you understand 113 00:04:34,757 --> 00:04:37,020 that in intentionally allowing Ms. Jansen to evade arrest, 114 00:04:37,064 --> 00:04:38,674 you just committed a federal crime? 115 00:04:38,718 --> 00:04:40,415 [gallery murmuring] 116 00:04:40,459 --> 00:04:42,025 Need you to step down from the bench 117 00:04:42,069 --> 00:04:43,462 and put your hands behind your back. 118 00:04:43,505 --> 00:04:45,333 And I need you to leave my courtroom. 119 00:04:45,377 --> 00:04:47,292 I have a trial to attend to. Court officer? 120 00:04:51,426 --> 00:04:53,428 Seriously? 121 00:04:53,472 --> 00:04:56,388 I'm asking you one last time. Step off the bench. 122 00:05:08,356 --> 00:05:10,358 Judge Duggan,you're being charged 123 00:05:10,402 --> 00:05:13,361 with obstruction of justice andaiding and abetting an escape. 124 00:05:13,405 --> 00:05:15,276 You have the rightto remain silent...Save your breath. 125 00:05:15,320 --> 00:05:17,365 I know the song. I can recite the lyrics by heart. 126 00:05:17,409 --> 00:05:20,063 Anything you say canand will be used against you 127 00:05:20,107 --> 00:05:21,238 in a court of law. 128 00:05:21,282 --> 00:05:22,370 You have the rightto an attorney. 129 00:05:22,414 --> 00:05:23,545 If you cannot afford 130 00:05:23,589 --> 00:05:25,547 an attorney, one will beprovided for you. 131 00:05:25,591 --> 00:05:27,027 MARISSA: Wow. 132 00:05:27,070 --> 00:05:29,899 A judge with half a million Twitter followers. 133 00:05:29,943 --> 00:05:31,379 CHUNK: Well, I'm guessing 134 00:05:31,423 --> 00:05:33,033 she's a bleeding heart? 135 00:05:33,076 --> 00:05:35,731 The kind that sends defendants home with a slap on the wrist? 136 00:05:35,775 --> 00:05:38,604 Well, that is not exactly the way that I would describe her. 137 00:05:38,647 --> 00:05:41,911 A defendant was convictedof a drunk driving hit-and-run. 138 00:05:41,955 --> 00:05:44,697 She ordered him to spend a week living at the morgue. 139 00:05:44,740 --> 00:05:46,394 Eating, sleeping. 140 00:05:46,438 --> 00:05:48,570 All of it, surrounded 141 00:05:48,614 --> 00:05:51,486 by lifeless, mangled victims of car accidents. 142 00:05:51,530 --> 00:05:53,401 A week at the morgue? 143 00:05:53,445 --> 00:05:55,229 I think I'd rather go to prison. 144 00:05:55,272 --> 00:05:57,536 She sentenced another defendant,a slumlord, 145 00:05:57,579 --> 00:06:00,016 to live in one of his rat-infested properties 146 00:06:00,060 --> 00:06:01,714 for six months. 147 00:06:01,757 --> 00:06:04,281 Oh. So she's one of those. 148 00:06:04,325 --> 00:06:05,848 And apparently, it is effective. 149 00:06:05,892 --> 00:06:08,373 Judge Duggan's defendantshave the lowest recidivism rates 150 00:06:08,416 --> 00:06:10,418 in the city-- an average of 17%. 151 00:06:10,462 --> 00:06:12,942 Sounds like there's a method to her madness. 152 00:06:12,986 --> 00:06:14,770 [phone chimes, vibrates]Oh. 153 00:06:14,814 --> 00:06:16,424 That's her. She's in the lobby. 154 00:06:16,468 --> 00:06:17,947 DUGGAN: I appreciate 155 00:06:17,991 --> 00:06:19,775 you seeing me on such short notice. 156 00:06:19,819 --> 00:06:21,298 I know you're both very busy. 157 00:06:21,342 --> 00:06:22,778 Happy to be of help. 158 00:06:22,822 --> 00:06:25,259 DUGGAN:First, I know what peopleare saying about me. 159 00:06:25,302 --> 00:06:27,392 They think I have some sort of agenda, 160 00:06:27,435 --> 00:06:29,959 both political and personal.Well, 161 00:06:30,003 --> 00:06:31,439 you were elected to the bench. People assume 162 00:06:31,483 --> 00:06:33,180 you have your sights set on bigger and better things. 163 00:06:33,223 --> 00:06:35,617 BENNY: The prosecutor is alleging you used 164 00:06:35,661 --> 00:06:38,490 your platform as a judge to raise your profile, 165 00:06:38,533 --> 00:06:39,969 make a political statement. 166 00:06:40,013 --> 00:06:42,189 The prosecutor's wrong. 167 00:06:42,232 --> 00:06:45,801 This isn't about self-promotionor assisted suicide. 168 00:06:45,845 --> 00:06:48,674 In fact, I don't even havean opinion on assisted suicide. 169 00:06:48,717 --> 00:06:50,110 Then, why'd you do it? 170 00:06:50,153 --> 00:06:52,982 You, of all people, know the jeopardy you're facing. 171 00:06:53,026 --> 00:06:55,028 Could cost you 25 years in prison, 172 00:06:55,071 --> 00:06:57,813 your seat on the bench, your license to practice. 173 00:06:57,857 --> 00:07:00,990 I know it's gonna sound likesomething from a bumper sticker, 174 00:07:01,034 --> 00:07:04,994 but... I did it to protect the sanctity of the courtroom, 175 00:07:05,038 --> 00:07:06,909 the sovereignty of judges, 176 00:07:06,953 --> 00:07:09,303 the-the business of providing justice. 177 00:07:09,346 --> 00:07:10,609 BENNY: Forgive me, but 178 00:07:10,652 --> 00:07:13,002 I'm not sure I follow. 179 00:07:13,046 --> 00:07:15,962 I'm responsible for what happensin my courtroom. 180 00:07:16,005 --> 00:07:18,486 I can't have people who would otherwise testify worry 181 00:07:18,530 --> 00:07:21,489 that if they do, some other arm of law is gonna be 182 00:07:21,533 --> 00:07:24,100 waiting for them in the lobby because they owe back taxes, 183 00:07:24,144 --> 00:07:25,841 or they have an outstanding parking ticket, 184 00:07:25,885 --> 00:07:27,190 or who knows what. 185 00:07:27,234 --> 00:07:28,670 BENNY: So you let her 186 00:07:28,714 --> 00:07:31,543 exit through the judge's lobby to the private elevator, 187 00:07:31,586 --> 00:07:33,936 and slip out the back door of the courthouse? 188 00:07:33,980 --> 00:07:36,504 I gave her time to consult with an attorney, 189 00:07:36,548 --> 00:07:39,768 so she could arrange to turn herself in and avoid arrest. 190 00:07:39,812 --> 00:07:41,466 And did she? 191 00:07:42,510 --> 00:07:44,338 I don't know. 192 00:07:46,166 --> 00:07:48,560 I'm worried she fled. 193 00:07:48,603 --> 00:07:49,952 But that's not the point. 194 00:07:49,996 --> 00:07:51,519 And what is? 195 00:07:51,563 --> 00:07:55,349 Court has to be a safe space, 196 00:07:55,392 --> 00:07:57,394 a sacred space. 197 00:07:57,438 --> 00:07:59,875 Otherwise, no one will participate. 198 00:07:59,919 --> 00:08:01,877 Criminals will walk free, 199 00:08:01,921 --> 00:08:03,662 the crime rate will rise. 200 00:08:06,926 --> 00:08:08,928 So will you help me? 201 00:08:10,103 --> 00:08:12,540 Will you represent me? 202 00:08:12,584 --> 00:08:14,586 Please? 203 00:08:16,457 --> 00:08:19,112 Well, when you put it like that. 204 00:08:21,114 --> 00:08:23,116 ♪ 205 00:08:27,860 --> 00:08:31,341 [bangs gavel]Good morning. I understand 206 00:08:31,385 --> 00:08:32,647 the defense has filed a motion 207 00:08:32,691 --> 00:08:33,866 to dismiss. 208 00:08:33,909 --> 00:08:35,650 That is correct,Your Honor. 209 00:08:35,694 --> 00:08:37,173 Hmm. I'll hear you. 210 00:08:37,217 --> 00:08:38,566 Although, I confess, 211 00:08:38,610 --> 00:08:41,395 my clerk has already informed meof your position. 212 00:08:41,438 --> 00:08:43,353 Apparently, 213 00:08:43,397 --> 00:08:45,573 your client was twittering about it all morning. 214 00:08:45,617 --> 00:08:46,835 [gallery murmuring] 215 00:08:46,879 --> 00:08:48,794 Apparently, she's... 216 00:08:48,837 --> 00:08:51,187 quite the media sensation. 217 00:08:51,231 --> 00:08:54,190 It's tweeting,not twittering. 218 00:08:54,234 --> 00:08:56,192 Argue your motion, Mr. Colón. 219 00:08:56,236 --> 00:08:57,672 Of course, Your Honor. [sighs] 220 00:08:57,716 --> 00:09:02,198 It is the defendant's contentionthat pursuant to Rule 12 221 00:09:02,242 --> 00:09:04,810 of the Federal Rules of Criminal Procedure 222 00:09:04,853 --> 00:09:07,552 that the indictment must be dismissed. 223 00:09:07,595 --> 00:09:10,163 My client is being criminally prosecuted 224 00:09:10,206 --> 00:09:12,861 for doing exactly what she was sworn to do-- 225 00:09:12,905 --> 00:09:15,516 exercise judicial discretion, 226 00:09:15,560 --> 00:09:18,214 protect the integrity of her courtroom, and 227 00:09:18,258 --> 00:09:19,476 ensure that justice is served. 228 00:09:19,520 --> 00:09:21,130 OLSEN:Does that mean 229 00:09:21,174 --> 00:09:23,393 you stipulate that your clientallowed someone to evade arrest? 230 00:09:23,437 --> 00:09:25,613 He's admitting his client did it.I am admitting 231 00:09:25,657 --> 00:09:27,397 nothing of the kind. 232 00:09:27,441 --> 00:09:29,661 She allowed a witness to seek counsel. 233 00:09:29,704 --> 00:09:32,881 Mr. Olsen, does the United States have a response? 234 00:09:32,925 --> 00:09:36,189 It's our position that Ms. Duggan... 235 00:09:36,232 --> 00:09:38,147 Excuse me. It's JudgeDuggan. 236 00:09:38,191 --> 00:09:39,627 The woman is still a judge. 237 00:09:39,671 --> 00:09:41,150 I don't carewhat they call me. 238 00:09:41,194 --> 00:09:42,456 That's not the point. 239 00:09:42,499 --> 00:09:44,110 We need to set a certain tone. 240 00:09:44,153 --> 00:09:46,242 Ms. Duggan is under suspension. 241 00:09:46,286 --> 00:09:48,593 Judge Duggan is on administrative leave 242 00:09:48,636 --> 00:09:50,595 until the case is resolved. 243 00:09:50,638 --> 00:09:52,248 And she should be given 244 00:09:52,292 --> 00:09:54,424 the respect that she deserves.[gavel bangs] 245 00:09:54,468 --> 00:09:55,904 Gentlemen... 246 00:09:55,948 --> 00:09:58,211 since neither of you hasappeared in my courtroom before, 247 00:09:58,254 --> 00:10:00,213 let me set a few ground rules for you. 248 00:10:00,256 --> 00:10:02,345 I run a tight ship. 249 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. 251 00:10:07,481 --> 00:10:08,613 Got it? 252 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, 257 00:10:21,364 --> 00:10:24,629 hoping to eventuallyseek higher elected office. 258 00:10:24,672 --> 00:10:27,719 We simply cannot allow obstructing the work 259 00:10:27,762 --> 00:10:30,417 of federal law enforcement to be taken lightly. 260 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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