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It's beautiful, short.
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I agree.
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I bet it's more manageable, like when
you use a brick or something.
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They're gonna have a tough time proving
you're after tourists. My concern is it
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won't matter.
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I just wanted the money.
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Like they do.
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Hey, Warren.
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Warren. A jury is a jury. You snatched a
handbag out of an old lady's hand and
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they're gonna want to put you in jail.
Hey, hey, hey.
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You gotta take this seriously.
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Okay. Alright, now wear a tie.
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Donald and Associates?
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Mr. Donald isn't available.
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It's an emergency.
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Okay. Tell your posse to get down here
right away.
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Yes. Tell them it's an emergency. I'll
tell them.
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Yes, Joey, I've got that. I'll tell
them.
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Joey Herrick says they need you to come
to his place.
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Uh -oh, not me. Oh, no, no, no, no. He
says it's an emergency.
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Yeah, emergency?
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What'd he do, kill Marty now?
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Tell Bobby. I will, but you better get
over there. Forget about it. I'm not
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going. There is no way that I am going.
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I am not going alone.
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My New Year's resolution was to never
lay eyes on him again.
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Just don't let him bait you. You watch.
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He's killed somebody.
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I promise you.
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All I'm going to say is please don't
judge me.
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All right, where's Marty?
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Tell me you didn't kill Marty.
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There you go judging me. Can you keep
your mind ajar, not open, you hippo?
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listen, you psycho. Why'd you call us
down here?
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It's Marty.
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It's not himself.
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There.
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He looks pale.
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Again, I ask you not to judge me.
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This is unbelievable. Two lovers and
they're both dead?
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Lucky I'm not a flirt.
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Quiet. Now what the hell happened? You
killed him?
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Thought you'd first want to give me the
big advisory. Be careful what you say.
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We'll be stuck with it. No, this time
you tell me the damn truth.
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I killed him.
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I didn't mean to.
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I was trying to win an argument. You
know, the last word can be so hard.
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You think just because you got away with
it last time, you can get away with it
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whenever?
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Yes. You're sick, Joey.
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Aside from that...
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Let's focus.
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Now, last time, I had a red herring to
work with. This time, I don't. I'm the
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only suspect.
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And considering how lazy the damn police
are, they'll just settle on me, won't
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they? They won't go search. They'll say
he killed before. He did it again here.
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And they'd be right.
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Marty is known for a temper.
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I mean, after all, we know he did
threaten to kill Peter.
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And I caught a break here. He was
holding that knife in his hand before it
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reached its final destination.
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So self -defense is viable.
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Also, we can't rule out insanity.
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I mean...
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Goodness, I go around killing people.
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What's wrong with this guy?
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Is he sick?
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Obviously. Anyway, Eleanor's starting
trial tomorrow.
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I'm in.
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Just tell me where to start.
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Raymond's a town. I'm not expecting to
get bail.
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Did he give any statements? No, and he's
not going to. I'm going to move for a
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fast, probable cause. Now, I need some
research on prior bad acts. We need to
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suppress the fact that he's killed
before.
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You want to know what the worst part
about this is? We could actually get him
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off again.
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We don't have to represent the guy.
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I mean, why do it? Because we care.
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My other lawyer said come to you. He
said you'd beaten them before.
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We settled. Nobody really beats it. Up
against the same lawyer, the same firm
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you beat, so... Mrs. Carroll, even if we
could prove your son is addicted to
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cigarettes... I don't think I am.
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00:04:24,840 --> 00:04:28,800
You've tried the patch, the gum. You
can't quit, Jeffrey. My point is, even
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we could prove addiction...
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We can't really establish damages.
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He's not sick yet. But he will be if he
keeps smoking.
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There are plenty of class action
lawsuits you could join into, law firms
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specialize... I've been told that takes
forever.
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Miss Dole, I know this isn't much of a
case, and I take responsibility for some
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of this.
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A good parent should be able to steer
his son away from cigarettes.
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But they have to take some
responsibility, too. They advertise to
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seem cool.
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It just isn't right, and I just can't
sit back and ignore it.
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Even so, could you just look at the
file? I brought it.
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Sure.
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All three victims were from out of
state. Did the defendant have reason to
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they were tourists?
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Objection. Overruled. Your Honor, this
witness has no foundation as to the
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defendant's state of mind. Plus, the
question assumes facts, not an evidence.
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Overruled. Being from out of state
doesn't automatically make somebody a
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tourist. Miss Brott, I've overruled you
three times.
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Do you want the bailiff to get involved?
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Plant yourself back in that chair.
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Officer, did the defendant ever rob a
person that was not from out of state?
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Last year, he accosted a woman named
Marie Teacher.
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In that case, upon discovering she was a
Boston woman... Objection! This goes to
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my client's state of mind again. The
objection is overruled. How can this
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witness speak to intent? He wasn't even
there. Counsel. Plus, which intent to
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affect commerce isn't even an element of
the crime?
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One more interruption.
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Please be seated. This court is now in
session.
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The Honorable Seymour Walsh presiding.
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7 -2 -3 -1 -4.
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Commonwealth versus Joseph Herrick.
Murder in the first degree.
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Robert Donald, for the defendant, Your
Honor, we waive reading. Ask for
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cause as soon as possible.
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Bale? Your Honor, we are asking that
Bale be denied. This man has killed
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My client has no record of killing
anyone. He has only one charge, which
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aiding and abetting. I'm denying Bale.
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Probable cause hearing tomorrow at 10 o
'clock.
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Next.
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You get the honors again.
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Now I know that there's a God. I have
been praying every night I'd get this
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back. We're open to a plea.
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Misdemeanor assault.
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That's very cute.
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You know, if I lose this case, I am
going to run through this building
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absolutely naked.
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00:07:11,980 --> 00:07:17,000
It is important that you say nothing.
The question is, is it possible? Can you
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go a day without opening your mouth?
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Let me see.
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No. You think I'm kidding?
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They may plant an informant in your
cell. They're not adverse to pulling
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They'll get you any way they can. Even
now, they could be listening.
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So what's the plan?
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I think they moved too fast on the
arrest.
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They got overanxious.
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Probable cause is tomorrow. We'll know
then.
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Until tomorrow... You have to keep your
mouth shut.
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You cannot, cannot, cannot take this
case. I'll just try one shot at it.
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Lindsay. One visit with the professor.
It can't hurt, Rebecca.
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Can't hurt? Last time we almost went
bankrupt, we bailed out with an illegal
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loan. And we ended up making money.
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00:08:01,420 --> 00:08:04,680
You know what? Cigarette companies do
target teenagers. If that kid's
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why shouldn't they be held responsible?
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And off we go.
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One meeting.
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It's worth a try.
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00:08:13,290 --> 00:08:16,030
And your studies show that crime affects
tourism.
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Very much so. People don't want to
vacation places where they don't feel
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After rental cars were targeted in
Florida, European tourists stayed away
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droves. It cost the state millions and
millions of dollars.
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Do you have any direct evidence that my
client has affected commerce? Not
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evidence directly to your client, but
crime in general, yes. Crime in general.
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And do you have any evidence that purse
snatching has affected tourism here? I
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can't cite statistics.
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Cite anything.
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Objection. Sustained. But isn't it the
publicity of crime that really has the
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most direct influence?
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Yes. And does purse snatching get a lot
of play in the media here?
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Not to my knowledge.
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And to your knowledge, has any crime
ever committed by my client been
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to the press?
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Objection. Relevant.
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Sustained. Your Honor, the charge here
is that my client has affected commerce.
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This witness is the one saying that he
has. The witness is not testifying to
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media. The objection is sustained.
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Mr. Samuelson, has the prosecution paid
you for today's testimony?
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I've received a small stipend for my
expenses.
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And would that be more or less than
they've paid the judge?
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Compact premieres tomorrow at 8, only on
FX.
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Kept me in there six hours. What is the
deal? The judge plans to run for
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Congress. I don't know. He has a thing
about repeat offenders.
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Are they offering any plea?
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Not yet. They're going to finish up this
morning. I will be moving for a
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directed verdict.
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How's Psycho?
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Don't ask.
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00:10:07,950 --> 00:10:09,230
Hey, where are you going?
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Meeting. She took a tobacco case.
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What? I agreed to a meeting.
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Rebecca.
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Do you want me?
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Scott said pick a body.
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00:10:22,650 --> 00:10:24,250
You're not still seeing Donald, are you?
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No. Would you have any trouble going up
against him?
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No. I can't let this Herrick guy walk
twice. He completely suckered me last
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time.
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What time's the PC?
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Ten.
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So what do you say, team?
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Lindsay, I can't just cut a check to
someone because her lawyer happens to be
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former student of mine.
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You could get out with nuisance.
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The boy isn't even sick.
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He could be.
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He could be. You don't want this case to
come to trial. It'll bring attention to
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the fact that tobacco companies
specifically target teenagers.
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00:11:10,220 --> 00:11:13,000
Lindsay, I'm not even aware of this
case.
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00:11:13,620 --> 00:11:15,900
You certainly can't expect me to make an
offer on it.
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00:11:18,040 --> 00:11:23,020
However, I can make an offer to you.
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00:11:26,140 --> 00:11:27,680
Sorry? Come work here.
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00:11:29,400 --> 00:11:31,840
Professor. Don't tell me the headhunters
aren't calling.
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00:11:32,480 --> 00:11:36,560
Your reputation is... Well, let me put
it this way.
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00:11:37,000 --> 00:11:40,740
It couldn't be more opposite to the one
enjoyed by your firm. My firm has a
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00:11:40,740 --> 00:11:41,840
pretty good track record, Professor.
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Track record goes with wins and losses.
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00:11:46,280 --> 00:11:52,120
Lindsay, at the end of the day, you are
going to wake up and ask yourself, what
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have I been doing?
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00:11:54,670 --> 00:11:56,410
Criminal law might be exciting.
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00:11:56,750 --> 00:12:00,430
The kind of shortcut litigation you
practice might even be fun.
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00:12:00,730 --> 00:12:05,850
But at the end of the day, when it's all
over and done, you go home with your
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own legacy.
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00:12:08,850 --> 00:12:11,950
You're not going to be proud of yours if
you stay in that firm.
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00:12:13,070 --> 00:12:14,910
And I don't think I really have to tell
you that.
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I came in here to talk about a case.
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00:12:21,790 --> 00:12:24,240
Oh. On that, you'll certainly get
nothing.
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00:12:27,280 --> 00:12:30,880
When I arrived, he was there, three
lawyers, and a victim.
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Did he tell you anything?
221
00:12:32,640 --> 00:12:33,579
No, he did not.
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00:12:33,580 --> 00:12:35,040
And then what happened?
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We placed the defendant under arrest.
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You made an immediate arrest, detective.
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You didn't wait to investigate.
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You read this man his rights, you
slapped the cuffs on him, and here we
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00:12:47,420 --> 00:12:48,920
What physical evidence do you have?
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00:12:49,920 --> 00:12:51,860
We have his fingerprints on a murder
weapon.
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00:12:52,190 --> 00:12:53,770
Well, the murder weapon was a kitchen
knife.
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In his own kitchen.
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It would seem.
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You didn't have anything else? Nothing
else at all? We have knowledge that the
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man killed his last lover with a knife.
234
00:13:02,530 --> 00:13:04,290
And that figured into your thinking
here?
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00:13:04,630 --> 00:13:05,770
Of course it did.
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00:13:06,170 --> 00:13:09,150
He plunged a knife in the chest of a
lover, killing him.
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00:13:09,590 --> 00:13:13,250
If we find him in a room with another
dead lover, a knife stuck in his chest.
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00:13:13,950 --> 00:13:16,070
Despite what you've heard, we're not
dopes.
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00:13:18,010 --> 00:13:19,010
We're the dopes.
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What happened in there was good, Joey.
What's good? We lost.
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00:13:23,040 --> 00:13:24,440
What was the goal, to build character?
242
00:13:24,740 --> 00:13:28,440
We knew he'd find probable cause, but we
set up our motion to suppress
243
00:13:28,440 --> 00:13:30,000
perfectly. Suppress?
244
00:13:30,440 --> 00:13:33,460
What are we trying to suppress other
than the illusion of intelligence?
245
00:13:33,720 --> 00:13:37,120
We're trying to keep out of evidence the
fact that you killed before. If we
246
00:13:37,120 --> 00:13:38,520
don't... Can you?
247
00:13:40,420 --> 00:13:42,040
Can you suppress it?
248
00:13:45,020 --> 00:13:46,020
What can I try?
249
00:13:54,640 --> 00:13:55,640
Buddy.
250
00:13:57,580 --> 00:14:00,640
So, uh, I guess it's okay to be on
opposite sides now, huh?
251
00:14:01,500 --> 00:14:03,120
Well, no conflict this time.
252
00:14:05,160 --> 00:14:06,160
Guess not.
253
00:14:09,540 --> 00:14:12,160
At this point, Your Honor, I would move
for a directed verdict.
254
00:14:12,380 --> 00:14:16,020
The government has failed to establish
any effect on commerce. There is no
255
00:14:16,020 --> 00:14:18,860
burden on us under the Hobbs Act to
prove an actual effect.
256
00:14:19,100 --> 00:14:20,100
You want me to read the law?
257
00:14:20,500 --> 00:14:22,500
Stop with the word games, Counsel.
258
00:14:22,920 --> 00:14:23,920
Word games?
259
00:14:24,040 --> 00:14:25,180
The law is a word game?
260
00:14:25,380 --> 00:14:26,560
I am losing patience.
261
00:14:28,960 --> 00:14:32,620
United States versus Buffy. Fourth
Circuit, not first.
262
00:14:32,960 --> 00:14:36,840
Government failed to demonstrate the
defendant's conduct was reasonably
263
00:14:36,840 --> 00:14:38,680
to affect interstate commerce.
264
00:14:38,880 --> 00:14:40,540
Your motion is denied.
265
00:14:41,000 --> 00:14:43,360
I am losing my patience.
266
00:14:43,840 --> 00:14:47,860
The hell with patience. You've lost your
mind, and that hasn't slowed you down.
267
00:14:53,640 --> 00:14:57,340
You have to drop it. We can't afford it.
Did I say I wouldn't? Well, you're
268
00:14:57,340 --> 00:14:59,100
looking through the file, which is paper
thin.
269
00:14:59,320 --> 00:15:02,020
I'm just... Look at this.
270
00:15:02,860 --> 00:15:03,960
Motion to produce.
271
00:15:04,340 --> 00:15:09,240
In response to any studies involving
smoking and cancer, they claim work
272
00:15:09,240 --> 00:15:12,100
product. Market research studies,
attorney -client privilege.
273
00:15:12,540 --> 00:15:14,380
Give me a break. They've produced
nothing.
274
00:15:15,020 --> 00:15:16,020
Gee.
275
00:15:17,260 --> 00:15:18,940
Well, at least I tried.
276
00:15:24,729 --> 00:15:27,190
What? Maybe this is what we go with.
277
00:15:27,430 --> 00:15:28,430
What, nothing?
278
00:15:28,550 --> 00:15:32,550
Let's draft an ex -party motion to
compel and file an amended complaint
279
00:15:32,550 --> 00:15:33,550
Finley Hogue.
280
00:15:34,030 --> 00:15:35,110
The law firm?
281
00:15:35,330 --> 00:15:36,430
And Pearson personally.
282
00:15:36,710 --> 00:15:39,730
You can't amend this late. They'll hit
you with abuse of process for just
283
00:15:39,730 --> 00:15:42,670
trying. I just want to get their
attention and leak a copy so they'll be
284
00:15:42,670 --> 00:15:45,090
show up. Lindsay, what are you up to
now? Nothing.
285
00:15:45,990 --> 00:15:46,990
That's our case.
286
00:15:50,800 --> 00:15:54,380
It can't be allowed into evidence that
he killed his former lover. Goes to show
287
00:15:54,380 --> 00:15:58,780
modus operandi. The final test has to
be, is it prejudicial or not? And we
288
00:15:58,780 --> 00:16:01,780
that it is. If he goes to claim self
-defense... I haven't finished. Can I
289
00:16:01,780 --> 00:16:04,200
finish? Or is that against your modus
operandi? Quiet.
290
00:16:04,480 --> 00:16:05,480
Quiet down.
291
00:16:06,440 --> 00:16:09,920
My client wouldn't get a fair try if the
jury learned that he killed his last
292
00:16:09,920 --> 00:16:12,820
lover. They'd automatically think that
he killed his guy. Let's give the jury
293
00:16:12,820 --> 00:16:15,220
some credit here, shall we? More than
your detective?
294
00:16:16,120 --> 00:16:20,160
Judge, Detective McGrew said himself he
made the arrest because they knew that
295
00:16:20,160 --> 00:16:23,940
my client had killed before. That was
his testimony at the probable cause
296
00:16:23,940 --> 00:16:26,640
hearing. Your Honor, the fact that...
What is your defense theory?
297
00:16:28,160 --> 00:16:29,820
We haven't decided yet, Judge.
298
00:16:30,100 --> 00:16:34,660
All right, if the defense argues he
accidentally stabbed the victim, I will
299
00:16:34,660 --> 00:16:36,400
allow evidence of the prior stabbing.
300
00:16:36,960 --> 00:16:38,980
Otherwise, that evidence will be
inadmissible.
301
00:16:39,360 --> 00:16:40,960
Your Honor, it should be admissible.
302
00:16:41,320 --> 00:16:42,760
I have made my ruling, Counsel.
303
00:16:43,630 --> 00:16:45,710
We can set pre -trial schedules in
conference.
304
00:16:46,270 --> 00:16:47,270
Adjourned.
305
00:16:50,490 --> 00:16:51,790
That was big.
306
00:16:52,010 --> 00:16:53,970
All they really have now is the
fingerprints.
307
00:16:55,050 --> 00:16:56,290
I like it.
308
00:16:58,010 --> 00:17:01,190
She's a nasty little snack treat, isn't
she?
309
00:17:05,270 --> 00:17:07,390
I wasn't trying to affect commerce.
310
00:17:07,650 --> 00:17:10,030
How many handbags do you think you've
snatched, Warren?
311
00:17:10,310 --> 00:17:11,770
How many times I've been arrested?
312
00:17:14,179 --> 00:17:15,179
Four. Four.
313
00:17:16,940 --> 00:17:18,460
Five, counting the one I gave back.
314
00:17:19,000 --> 00:17:22,880
All right, Warren, let's not lie to this
jury. You swipe handbags.
315
00:17:23,500 --> 00:17:26,920
But never, ever, ever to affect
commerce.
316
00:17:27,660 --> 00:17:29,060
See, there's two things I love.
317
00:17:29,720 --> 00:17:32,300
My country and handbags.
318
00:17:36,820 --> 00:17:38,240
You think you're cute, huh?
319
00:17:38,980 --> 00:17:41,940
You think you can steal from people and
get away with it with a wink and a
320
00:17:41,940 --> 00:17:46,160
smile? My personality is my best
strength. Well, try to let this sink in.
321
00:17:46,580 --> 00:17:49,700
We have a judge who is trying to set an
example for repeat offenders.
322
00:17:50,100 --> 00:17:53,460
At every turn, he is steering that jury
to find you guilty.
323
00:17:53,820 --> 00:17:55,260
If you go to prison, look at me.
324
00:17:56,240 --> 00:18:00,840
If you go to prison, your bunkmates,
they're going to find you really cute.
325
00:18:04,280 --> 00:18:05,740
You're a good dad, Warren.
326
00:18:06,220 --> 00:18:07,720
I want your life to be over.
327
00:18:08,360 --> 00:18:10,180
But if we lose here...
328
00:18:12,370 --> 00:18:14,750
It is time to play grown -up.
329
00:18:18,470 --> 00:18:21,470
I think we got a shot. You've got to be
kidding. There's no evidence. It's
330
00:18:21,470 --> 00:18:24,870
Joey's word against Marty. Can't they
tell from the entry wound who did the
331
00:18:24,870 --> 00:18:26,650
thrusting? Not to a medical certainty.
332
00:18:26,870 --> 00:18:29,370
So Big Joey could be out on the street
free to date.
333
00:18:29,650 --> 00:18:31,830
There's still forensics. We don't know
what that's going to tell us.
334
00:18:38,990 --> 00:18:40,650
You're right. You got a contention.
335
00:18:41,680 --> 00:18:42,679
What's going on?
336
00:18:42,680 --> 00:18:43,800
She sued him.
337
00:18:46,020 --> 00:18:48,000
Is there somewhere we can speak in
private?
338
00:19:06,600 --> 00:19:11,080
On what basis do you sue my firm?
339
00:19:11,470 --> 00:19:12,369
Or me.
340
00:19:12,370 --> 00:19:13,730
On the basis of a hunch.
341
00:19:14,650 --> 00:19:17,310
You're hiding documents, or you're
helping your clients hide them.
342
00:19:17,670 --> 00:19:19,610
We could settle right now and make it
all go away.
343
00:19:20,130 --> 00:19:23,890
Lawyers are expected to fight the good
fight, but to stoop to something like
344
00:19:23,890 --> 00:19:24,890
this.
345
00:19:26,550 --> 00:19:30,090
Just this morning, I was trying to
persuade you not to become something
346
00:19:30,090 --> 00:19:32,450
you've clearly already become.
347
00:19:33,100 --> 00:19:37,480
What I've become, Professor, is somebody
who doesn't quite trust you. When you
348
00:19:37,480 --> 00:19:40,860
or your firm claim you have no studies
concerning smoking and cancer.
349
00:19:41,080 --> 00:19:45,640
If you had read our responses carefully,
we'd claim to have no discoverable
350
00:19:45,640 --> 00:19:46,840
studies. Meaning what?
351
00:19:47,080 --> 00:19:48,920
They're protected by attorney -client
privilege?
352
00:19:49,160 --> 00:19:50,139
I don't think so.
353
00:19:50,140 --> 00:19:53,760
You think you really know what it's like
to go up against the tobacco industry?
354
00:19:54,140 --> 00:19:56,920
Your clients like to bully anybody who
dares to sue.
355
00:19:57,820 --> 00:19:59,180
You won't be bullying me.
356
00:19:59,880 --> 00:20:02,560
I'll be in court personally to respond
to your motion.
357
00:20:05,160 --> 00:20:06,600
Then this doesn't have to be goodbye.
358
00:20:12,980 --> 00:20:17,120
I... I'm disappointed.
359
00:20:34,380 --> 00:20:36,120
The day of, the 15th.
360
00:20:36,500 --> 00:20:40,760
About seven hours before he was killed,
Miss Gamble. Tell me exactly what he
361
00:20:40,760 --> 00:20:41,760
said, Doctor.
362
00:20:42,160 --> 00:20:46,260
Basically, that over the last three
weeks, Mr. Herrick had been subjecting
363
00:20:46,260 --> 00:20:47,260
to mental torture.
364
00:20:47,980 --> 00:20:48,980
Guy's threats.
365
00:20:49,120 --> 00:20:52,100
He kept telling him, for example, he
should have a physical.
366
00:20:52,420 --> 00:20:55,260
That he looked like a man with impending
heart problems.
367
00:20:55,500 --> 00:20:56,500
Heart problems?
368
00:20:57,020 --> 00:20:58,020
Chest pains.
369
00:20:59,400 --> 00:21:01,880
Marty thought these were veiled threats
to his life.
370
00:21:05,520 --> 00:21:08,480
But you can't testify, right? That would
all be hearsay, wouldn't it? No, since
371
00:21:08,480 --> 00:21:11,580
she was at a shrink, it all gets in
under doctor -patient communications.
372
00:21:12,540 --> 00:21:16,660
Joey, he went to his psychiatrist that
very day saying he thought you were
373
00:21:16,660 --> 00:21:17,660
to kill him.
374
00:21:17,880 --> 00:21:18,880
Crybaby.
375
00:21:19,660 --> 00:21:20,780
We have to think plea.
376
00:21:21,320 --> 00:21:24,860
Absolutely not. We can't. Bobby, Bobby,
it is one witness. Juries don't like
377
00:21:24,860 --> 00:21:27,760
psychiatrists. It's going to take them
more than one witness to make their
378
00:21:27,760 --> 00:21:29,060
burden. This is how you practice law.
379
00:21:29,420 --> 00:21:30,840
Once set back, then you're ready to give
up.
380
00:21:31,320 --> 00:21:34,880
He's dead. Nothing he said can come in.
I have the right to confront my accuser,
381
00:21:34,880 --> 00:21:36,080
do I not? It's going to come into
evidence.
382
00:21:36,280 --> 00:21:40,760
We have to think about a possible
insanity plea here. No, Joey. No, I am
383
00:21:40,760 --> 00:21:44,260
going to plead insanity. I threw that
out as a joke. I will not go into that
384
00:21:44,260 --> 00:21:49,380
court. Shut up and listen to me. Never
tell me to shut up. We don't have to
385
00:21:49,380 --> 00:21:50,620
any decisions right now.
386
00:21:51,180 --> 00:21:54,620
But I have to explore all our options so
we have options.
387
00:22:14,700 --> 00:22:16,740
You told me about a psychiatrist you
used to see.
388
00:22:18,180 --> 00:22:22,900
I need you to authorize him to speak to
me.
389
00:22:27,940 --> 00:22:32,700
I do not appreciate stunts, Ms. Dole.
Your Honor, look at their responses to
390
00:22:32,700 --> 00:22:33,900
motion to produce documents.
391
00:22:34,320 --> 00:22:37,340
We asked for studies which go to their
marketing strategies, advertising.
392
00:22:37,760 --> 00:22:40,780
They claim they're protected by attorney
-client privilege.
393
00:22:41,450 --> 00:22:44,950
Much of their decision -making process
involved meetings with lawyers.
394
00:22:45,190 --> 00:22:46,190
That's just a sham.
395
00:22:46,570 --> 00:22:50,530
This goes on with their studies on
addiction, too. They have their lawyers
396
00:22:50,530 --> 00:22:51,670
supervise the research.
397
00:22:51,890 --> 00:22:56,290
So if any of the results come back bad,
they can conceal it, claiming privilege.
398
00:22:56,750 --> 00:22:59,830
What evidence do you have that this is
going on here now?
399
00:23:00,990 --> 00:23:02,210
Evidence of common sense.
400
00:23:02,510 --> 00:23:06,550
You don't hire attorneys to do your
science. You don't hire attorneys to
401
00:23:06,550 --> 00:23:07,690
advertising campaigns.
402
00:23:08,400 --> 00:23:11,940
Your Honor, she's asking you to
obliterate the privilege between lawyer
403
00:23:11,940 --> 00:23:15,140
client. This is a sanctity. Which
shouldn't be abused.
404
00:23:15,600 --> 00:23:19,120
And so I should give you these documents
just because... You don't have to give
405
00:23:19,120 --> 00:23:20,120
them to me.
406
00:23:20,180 --> 00:23:22,440
Appoint a special master to do it, or do
it yourself.
407
00:23:22,820 --> 00:23:23,860
You look at the studies.
408
00:23:24,120 --> 00:23:28,160
If you think they fall under attorney
-client privilege, I'll take your word
409
00:23:28,160 --> 00:23:29,600
it. I won't take his.
410
00:23:31,580 --> 00:23:35,360
This is a ridiculous fishing expedition,
and I would ask, Your Honor, to take
411
00:23:35,360 --> 00:23:36,480
judicial notice.
412
00:23:37,100 --> 00:23:41,840
of the disreputable stunts employed by
her firm historically. Stop attacking my
413
00:23:41,840 --> 00:23:42,840
firm, Professor.
414
00:23:42,920 --> 00:23:43,920
All right.
415
00:23:44,740 --> 00:23:50,820
I am dismissing the complaint against
Mr. Pearson and his law firm. I see no
416
00:23:50,820 --> 00:23:51,820
foundation.
417
00:23:52,340 --> 00:23:57,400
As for the matter of the document
production, I shall take that matter
418
00:23:57,400 --> 00:23:58,400
advisement.
419
00:23:59,680 --> 00:24:00,680
Adjourned.
420
00:24:10,930 --> 00:24:11,970
Eight years.
421
00:24:13,110 --> 00:24:14,110
Yeah.
422
00:24:14,590 --> 00:24:15,890
That's their final offer.
423
00:24:16,370 --> 00:24:17,670
For stealing a bag?
424
00:24:18,190 --> 00:24:23,610
Warren, my recommendation, you might
want to take it.
425
00:24:23,890 --> 00:24:25,050
And I might not.
426
00:24:25,430 --> 00:24:30,590
Obviously things aren't going very well.
If we lose that judge, he can hit you
427
00:24:30,590 --> 00:24:31,590
with 20, Warren.
428
00:24:38,410 --> 00:24:39,410
20 years.
429
00:24:46,600 --> 00:24:49,040
I am just afraid of the judge slapping
the maximum.
430
00:24:49,380 --> 00:24:50,380
Do you have a beat on the jury?
431
00:24:50,660 --> 00:24:53,940
Not really. And I wouldn't rely on them
being sympathetic. I mean, he is a
432
00:24:53,940 --> 00:24:58,040
thief. No problem with a plea, you'll
waive your appeals. And with this case,
433
00:24:58,200 --> 00:24:59,199
you've got some.
434
00:24:59,200 --> 00:25:00,360
Especially with that judge.
435
00:25:00,680 --> 00:25:01,820
Do you think I should go to verdict?
436
00:25:02,480 --> 00:25:03,480
I would.
437
00:25:04,800 --> 00:25:10,140
It is just so unfair. They are using him
to make a political statement.
438
00:25:11,400 --> 00:25:12,400
Are you that?
439
00:25:17,100 --> 00:25:20,960
You have to understand something. Joey
Herrick will never let you argue
440
00:25:20,960 --> 00:25:23,600
insanity. Maybe not, but I can at least
try. No.
441
00:25:24,340 --> 00:25:25,580
Definitely not.
442
00:25:26,160 --> 00:25:29,140
He has a narcissistic personality
disorder.
443
00:25:30,140 --> 00:25:34,660
Aside from needing to believe he's sane,
he needs to believe he's smarter than
444
00:25:34,660 --> 00:25:35,660
everybody else.
445
00:25:36,580 --> 00:25:38,040
Haven't you experienced that?
446
00:25:38,540 --> 00:25:39,540
Oh, yes.
447
00:25:40,120 --> 00:25:42,740
And this disorder...
448
00:25:44,300 --> 00:25:49,520
Do you consider him mentally ill? Very.
Though is he insane under the McNaughton
449
00:25:49,520 --> 00:25:54,940
rule? No. He knew what he was doing when
he killed those men. In fact... In fact
450
00:25:54,940 --> 00:25:58,420
what? Look at how he did it. This is a
brilliant person.
451
00:25:58,720 --> 00:25:59,720
Genius.
452
00:26:00,280 --> 00:26:04,080
If he wanted to plan the perfect crime
in order to escape suspicion, he could
453
00:26:04,080 --> 00:26:07,960
probably accomplish it. Instead, he
kills with no alibi.
454
00:26:08,540 --> 00:26:11,560
He's the only one in the room with the
victim, his prints on the weapon, and he
455
00:26:11,560 --> 00:26:17,540
invites his lawyers over to see his kill
like a cat with a dead mouse. It's as
456
00:26:17,540 --> 00:26:24,540
if he commits a crime where it's
impossible not to convict him and the
457
00:26:24,540 --> 00:26:26,420
still getting away with it.
458
00:26:26,800 --> 00:26:29,120
Which feeds into his narcissism.
Exactly.
459
00:26:29,640 --> 00:26:32,800
The deeper the hole, the greater the
euphoria of climbing out. Why?
460
00:26:33,620 --> 00:26:36,820
Because he needs to feel he's...
461
00:26:37,290 --> 00:26:38,710
Smarter than anybody else.
462
00:26:42,710 --> 00:26:44,290
I told you. No.
463
00:26:44,510 --> 00:26:45,650
First, hear me out.
464
00:26:46,070 --> 00:26:48,710
Legal insanity for the purpose of a
trial. No.
465
00:26:49,230 --> 00:26:51,450
You considered it yourself. You said it
was... In jest.
466
00:26:51,930 --> 00:26:52,930
It's too desperate.
467
00:26:53,170 --> 00:26:57,590
No jury is going to believe I am insane.
Joey, I can't win this. I'm looking at
468
00:26:57,590 --> 00:26:59,970
the facts and I'm telling you I cannot
win this.
469
00:27:03,890 --> 00:27:05,550
Then maybe I should find another lawyer.
470
00:27:10,890 --> 00:27:11,890
Maybe you should.
471
00:27:16,370 --> 00:27:17,490
Find your fire and beat it.
472
00:27:24,390 --> 00:27:28,670
You know, I don't even know why I should
care about you. You killed two people
473
00:27:28,670 --> 00:27:30,530
and it shouldn't really bother me if you
go away forever.
474
00:27:32,530 --> 00:27:35,230
Your arrogance got you this far, Joey.
475
00:27:36,970 --> 00:27:38,390
You really want to keep going?
476
00:27:52,910 --> 00:27:57,250
free video and brochure, and discover
instant comfort with the Nautilus sleep
477
00:27:57,250 --> 00:27:58,250
system.
478
00:27:59,570 --> 00:28:01,710
On what basis do you wish to withdraw?
479
00:28:02,370 --> 00:28:05,250
On the basis that my client fired me,
Your Honor.
480
00:28:05,730 --> 00:28:08,510
Mr. Herrick, are you citing grounds for
the discharge?
481
00:28:08,890 --> 00:28:09,549
Yes, Your Honor.
482
00:28:09,550 --> 00:28:12,810
Last night, Mr. Donald informed me that
he's a lesbian.
483
00:28:14,930 --> 00:28:15,970
Mr. Herrick.
484
00:28:16,400 --> 00:28:19,460
From what I've learned about you, you
might play this little game in
485
00:28:19,560 --> 00:28:22,760
You'll hire and fire lawyers until it'll
be years before we get to trial.
486
00:28:23,020 --> 00:28:24,560
I'm ready now, Your Honor.
487
00:28:24,800 --> 00:28:26,760
I just wish to represent myself.
488
00:28:27,440 --> 00:28:28,440
Are you a lawyer?
489
00:28:28,520 --> 00:28:32,380
No, but if I keep killing people, I
figure they'll let me in hell anyway.
490
00:28:32,840 --> 00:28:34,360
Put this man back in custody.
491
00:28:35,500 --> 00:28:38,760
When you're ready to treat this forum
seriously, Mr. Herrick, we can resume.
492
00:28:39,100 --> 00:28:43,540
Your Honor, no, please, I'm sorry. I'm
really sorry. Listen, Mr. Donald wants
493
00:28:43,540 --> 00:28:45,360
utilize an insanity plea.
494
00:28:45,840 --> 00:28:51,160
which I am opposed to. And despite no
formal legal training, I do believe that
495
00:28:51,160 --> 00:28:54,120
can represent myself better than any
member of the bar.
496
00:28:54,660 --> 00:28:58,820
I am ordering a psychiatric evaluation,
and we'll do that today to determine
497
00:28:58,820 --> 00:29:02,980
competency. And if possible, I'll rule
on your request at the end of business.
498
00:29:03,280 --> 00:29:04,280
We're adjourned.
499
00:29:05,520 --> 00:29:07,360
It's a pretty straightforward law.
500
00:29:08,220 --> 00:29:11,780
Whoever affects commerce by robbery or
extortion.
501
00:29:13,000 --> 00:29:15,900
Crime has a direct impact on tourism.
502
00:29:17,120 --> 00:29:19,140
Tourism is a form of commerce.
503
00:29:19,560 --> 00:29:23,260
This man robs tourists.
504
00:29:24,260 --> 00:29:25,260
Simple.
505
00:29:27,760 --> 00:29:34,160
This simple law, the Hobbes Act, it
wasn't passed to go after purse
506
00:29:34,240 --> 00:29:37,360
It wasn't meant to target people who
steal from tourists.
507
00:29:38,220 --> 00:29:42,800
The legislative intent of the Hobbs Act
was to go after organized crime and
508
00:29:42,800 --> 00:29:45,740
other racketeers who extort politicians.
509
00:29:46,120 --> 00:29:49,600
And it is being manipulated here to go
after my client.
510
00:29:49,840 --> 00:29:54,960
Why? Because the Commonwealth of
Massachusetts wants a press release to
511
00:29:54,960 --> 00:29:58,700
all the tourists... I object. None of
this was offered into evidence. I agree.
512
00:29:58,920 --> 00:29:59,920
Objection sustained.
513
00:30:00,680 --> 00:30:04,640
Counsel will not argue the legislative
intent of the law.
514
00:30:04,940 --> 00:30:06,740
The intent of the law isn't relevant?
515
00:30:07,200 --> 00:30:08,730
No. It is not.
516
00:30:09,230 --> 00:30:12,230
The jury will be instructed to follow
the letter of the law.
517
00:30:18,150 --> 00:30:21,030
As was admitted into evidence.
518
00:30:22,550 --> 00:30:28,370
My client pled guilty in state court,
and he received his sentence. The
519
00:30:28,370 --> 00:30:33,450
prosecutors are using this guilty plea
to go after him, and, well, here we are,
520
00:30:33,590 --> 00:30:37,570
prosecuting him for... Commerce
violations.
521
00:30:39,430 --> 00:30:43,370
Now, as a defense attorney, I feel the
sting of all the attacks.
522
00:30:43,950 --> 00:30:48,450
The stunts that we resort to, the tricks
to get the guy off, distorting the law
523
00:30:48,450 --> 00:30:51,630
to circumvent justice, all the little
sneaky tricks that we play.
524
00:30:52,990 --> 00:30:58,990
And the poor prosecutors with those
sleazy defense attorneys just using all
525
00:30:58,990 --> 00:31:01,650
those end -arounds. And the poor judges.
526
00:31:02,360 --> 00:31:06,140
who see their courtrooms just used as
tools to bastardize justice.
527
00:31:07,940 --> 00:31:12,320
This would otherwise be such a proud,
proud room.
528
00:31:14,200 --> 00:31:15,200
Wouldn't it?
529
00:31:39,920 --> 00:31:41,660
I thought it best we do this in
chambers.
530
00:31:42,940 --> 00:31:47,300
Off the record, if either of you object,
I can call in the Stenner.
531
00:31:48,660 --> 00:31:49,660
I'm fine.
532
00:31:50,080 --> 00:31:51,080
All right.
533
00:31:51,840 --> 00:31:56,640
Attorney -client privilege has always
been sacrosanct. It has to be.
534
00:31:57,280 --> 00:32:01,320
And I pity the judge who tries to tear
the lid off.
535
00:32:01,960 --> 00:32:08,720
But, Mr. Pearson, you have swept
everything under privilege here.
536
00:32:09,480 --> 00:32:13,780
Your Honor, because the tobacco
companies have been sued, a lot of those
537
00:32:13,780 --> 00:32:15,520
have been triggered to fight off
litigation.
538
00:32:16,020 --> 00:32:17,900
Those studies fall under privilege.
539
00:32:18,200 --> 00:32:21,920
Yes, you made that argument in court,
and to some extent it's valid.
540
00:32:22,380 --> 00:32:28,120
But when lawyers start guiding the
research... There's no evidence that's
541
00:32:28,120 --> 00:32:33,340
happened. There is evidence that other
tobacco companies have used privilege to
542
00:32:33,340 --> 00:32:34,940
cover up scientific research.
543
00:32:35,420 --> 00:32:38,320
And judging from my review of this
case...
544
00:32:38,730 --> 00:32:44,250
I have a strong suspicion that it's
happening here. So strong that I am
545
00:32:44,250 --> 00:32:51,090
to take a look. Now, Mr. Pearson, we
both know that there
546
00:32:51,090 --> 00:32:52,830
is a crime fraud exception.
547
00:32:53,490 --> 00:33:00,330
So if you have been using your attorney
-client privilege to assist the tobacco
548
00:33:00,330 --> 00:33:07,190
company in any sort of cover -up, the
consequences will be severe for
549
00:33:07,190 --> 00:33:09,400
your client, And for you.
550
00:33:11,040 --> 00:33:15,100
Now, I haven't made my ruling yet in
this case because the issue is so
551
00:33:15,100 --> 00:33:16,100
complicated.
552
00:33:16,580 --> 00:33:21,860
And I know that any ruling against you
in this matter, I am sure, will be
553
00:33:21,860 --> 00:33:24,800
appealed to the millennium, given the
stakes.
554
00:33:25,980 --> 00:33:29,040
So, my suggestion here?
555
00:33:30,520 --> 00:33:32,440
Why don't you two try to work it out?
556
00:33:43,249 --> 00:33:44,249
75 ,000.
557
00:33:44,590 --> 00:33:45,529
Times 10.
558
00:33:45,530 --> 00:33:47,650
Oh, please. You can't even show damages.
559
00:33:47,890 --> 00:33:49,430
The damage here will be yours.
560
00:33:50,530 --> 00:33:53,110
You can't risk letting that judge see
some of those documents.
561
00:33:54,350 --> 00:33:57,910
Now, 10 .15. I'll be at your office at 3
o 'clock. If you don't have a check for
562
00:33:57,910 --> 00:34:00,490
750 ,000, it'll go up to a million.
563
00:34:00,750 --> 00:34:01,750
Think that's a bluff?
564
00:34:02,130 --> 00:34:03,130
You're prerogative.
565
00:34:03,230 --> 00:34:05,830
But what we just heard in there, that
was no bluff.
566
00:34:07,330 --> 00:34:08,330
3 o 'clock.
567
00:34:08,610 --> 00:34:09,610
Sharp.
568
00:34:15,600 --> 00:34:17,580
I'm going to ask you a series of
questions.
569
00:34:18,500 --> 00:34:20,060
Some will be unrelated.
570
00:34:22,060 --> 00:34:28,239
Mainly, I'm looking to determine whether
you fully understand the criminal
571
00:34:28,239 --> 00:34:30,460
proceeding which you are about to
encounter.
572
00:34:30,900 --> 00:34:34,520
Do you understand it? Joey, do you want
to be judged competent or not?
573
00:34:34,800 --> 00:34:37,800
Well, as you said, I could be found
competent to stand trial only to be
574
00:34:37,800 --> 00:34:38,800
insane.
575
00:34:39,460 --> 00:34:42,340
I could plead insanity if I wanted. Not
that I will.
576
00:34:43,440 --> 00:34:45,820
But only if this little button finds me
confident.
577
00:34:46,560 --> 00:34:49,560
Should I understand the criminal justice
system, Mildred?
578
00:34:50,360 --> 00:34:51,679
Can I call you Mildred?
579
00:34:52,300 --> 00:34:54,159
Why did you kill this Marty person?
580
00:34:54,440 --> 00:34:55,440
You can't ask that.
581
00:34:55,780 --> 00:34:58,180
That's right. I sound appropriate for a
competency hearing.
582
00:34:59,100 --> 00:35:02,100
But I'll tell you.
583
00:35:02,700 --> 00:35:07,940
If I killed him, it was because I loved
him.
584
00:35:09,759 --> 00:35:11,320
Either that or because he was gay.
585
00:35:11,560 --> 00:35:13,580
Joey. What can I say? God spoke to me.
586
00:35:13,820 --> 00:35:15,280
He said, get rid of the homos.
587
00:35:15,680 --> 00:35:18,900
He said he'd been trying, you know, with
the AIDS virus. But with AZT slowing
588
00:35:18,900 --> 00:35:20,400
things down, he said, Joey, get in
there.
589
00:35:20,860 --> 00:35:21,860
Give it a stab.
590
00:35:23,660 --> 00:35:24,660
Aren't you gay?
591
00:35:25,700 --> 00:35:26,700
Yes.
592
00:35:27,660 --> 00:35:32,560
But if I killed myself first, that would
sort of limit my tally.
593
00:35:42,380 --> 00:35:43,960
The defendant will rise.
594
00:35:48,560 --> 00:35:50,240
The jury has reached a verdict.
595
00:35:50,520 --> 00:35:51,520
We have, Your Honor.
596
00:35:52,280 --> 00:35:53,500
Please state your verdict.
597
00:35:54,000 --> 00:35:56,040
On the matter of United States v.
598
00:35:56,260 --> 00:36:00,100
Cruikshank, on the charge of interfering
with commerce by threats or violence,
599
00:36:00,480 --> 00:36:06,660
pursuant to Title 18, subsection 1951,
we find the defendant, Warren
600
00:36:06,840 --> 00:36:07,860
not guilty.
601
00:36:15,180 --> 00:36:16,180
The jury is dismissed.
602
00:36:16,980 --> 00:36:17,980
You're adjourned.
603
00:36:28,180 --> 00:36:32,060
Your Honor, given the risk of saying
this, I brought my toothbrush.
604
00:36:33,140 --> 00:36:35,840
That jury just brought some integrity
back into this room.
605
00:36:36,600 --> 00:36:40,420
And as an officer of the court, I would
ask that you would let a little of it
606
00:36:40,420 --> 00:36:41,420
rub off.
607
00:36:53,100 --> 00:36:54,100
Do you have the check?
608
00:36:59,280 --> 00:37:00,280
Sit down.
609
00:37:07,600 --> 00:37:14,580
As I look at you as one of my law
students, I feel that I have
610
00:37:14,580 --> 00:37:15,580
failed as a professor.
611
00:37:16,680 --> 00:37:18,060
The practice of law.
612
00:37:18,780 --> 00:37:22,520
is more than just getting acquittals or
monetary awards.
613
00:37:23,340 --> 00:37:30,200
It involves respect for the bar, dignity
in conduct, suing law firms
614
00:37:30,200 --> 00:37:33,600
and attorneys personally as a means of
strategy.
615
00:37:38,540 --> 00:37:40,840
There's nothing noble in you, Lindsay.
616
00:37:48,110 --> 00:37:49,110
Take your money and get out.
617
00:38:12,810 --> 00:38:15,470
My firm defends murderers, drug dealers.
618
00:38:16,270 --> 00:38:19,730
On the theory that despite the crime,
everybody gets his day in court.
619
00:38:20,330 --> 00:38:22,910
But we never, ever facilitate murder,
Professor.
620
00:38:23,150 --> 00:38:27,050
We never help people to kill. You're
paid over a million dollars a year to
621
00:38:27,050 --> 00:38:30,090
a corporation conceal the truth that
they poison people.
622
00:38:30,610 --> 00:38:34,330
A corporation which aims to get 14 -year
-olds addicted. A corporation that
623
00:38:34,330 --> 00:38:38,290
still, in third world countries, doesn't
even print warnings because by law they
624
00:38:38,290 --> 00:38:39,290
don't have to.
625
00:38:39,510 --> 00:38:42,970
Three million people a year die from
smoking and you play your part.
626
00:38:43,510 --> 00:38:45,310
Let's meet up at the end of our days.
627
00:38:46,010 --> 00:38:47,430
and compare legacies.
628
00:39:02,230 --> 00:39:06,070
All right, the court psychiatrist has
serious questions about you, Mr.
629
00:39:06,190 --> 00:39:08,750
but she has nevertheless found you
competent.
630
00:39:09,030 --> 00:39:12,430
If you choose to represent yourself,
this court should not prevent that,
631
00:39:12,430 --> 00:39:14,670
it is the recommendation of this court
that you don't.
632
00:39:15,040 --> 00:39:17,200
It remains your wish to serve as your
own counsel?
633
00:39:18,640 --> 00:39:19,640
It does.
634
00:39:19,760 --> 00:39:20,760
Very well.
635
00:39:20,900 --> 00:39:24,940
Mr. Donald, the court orders you to stay
on as counsel to assist Mr. Herrick,
636
00:39:25,020 --> 00:39:28,000
should he choose to consult you. Your
Honor, I don't think that's such a... I
637
00:39:28,000 --> 00:39:29,000
have made my ruling.
638
00:39:29,180 --> 00:39:31,160
He can represent himself with you as
backup.
639
00:39:32,420 --> 00:39:33,420
Adjourned.
640
00:39:34,420 --> 00:39:37,620
Well, win or lose, won't this be fun?
641
00:39:38,110 --> 00:39:44,270
Helen, I'll lead in culpatory and
exculpatory reports in my cell by
642
00:39:44,270 --> 00:39:47,290
sooner I give you a witness list, the
better. It's my understanding that you
643
00:39:47,290 --> 00:39:52,650
occasionally sleep with the opposing
counsel. I will be first chairing.
644
00:39:53,710 --> 00:39:57,270
Mr. Herrick, I'm thrilled you've decided
to represent yourself.
645
00:39:58,010 --> 00:39:59,830
Your little joy ride is over.
646
00:40:02,310 --> 00:40:03,310
She's delicious.
647
00:40:04,250 --> 00:40:05,250
Oh, please.
648
00:40:06,320 --> 00:40:09,820
Promise me this. Whatever happens, we
all come out as friends.
649
00:40:20,760 --> 00:40:21,760
Hey, Warren.
650
00:40:21,880 --> 00:40:22,880
Hey, Eleanor.
651
00:40:23,880 --> 00:40:25,680
How about your gift?
652
00:40:26,880 --> 00:40:33,820
It ain't much, but... Well, I just
wanted to say... I
653
00:40:33,820 --> 00:40:35,900
don't exactly pay you big fees and...
654
00:40:36,360 --> 00:40:39,900
We don't even know each other that good
and all my smart assing.
655
00:40:42,640 --> 00:40:47,560
I just wanted to say I never had anybody
fight for me.
656
00:40:49,400 --> 00:40:50,400
Like you did.
657
00:40:51,520 --> 00:40:52,920
And I'll never forget it.
658
00:40:57,360 --> 00:40:58,360
Never.
659
00:41:10,830 --> 00:41:12,630
Just when I wondered why I put up with
it all.
660
00:41:17,250 --> 00:41:19,770
You've stuck me on. I've got to stay on
the Joey Harrod case.
661
00:41:20,310 --> 00:41:21,310
Bobby.
662
00:41:24,070 --> 00:41:27,570
I just want you to know, this is the
best law firm I know.
663
00:41:32,590 --> 00:41:33,590
Thanks.
664
00:41:37,210 --> 00:41:38,210
It's beautiful.
665
00:41:38,590 --> 00:41:39,590
What is it?
666
00:41:40,080 --> 00:41:41,080
It's a handbag.
55716
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