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Previously on The Practice.
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There's a head in the bag.
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It's the woman I met at the bar last
night. What are you doing with her head?
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don't know.
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Somebody put it in there.
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George Vogelman, you are under arrest
for the murder of Susan Robin.
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Give me one reason I should speak to
you.
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The reason is I don't think George
Vogelman killed your daughter.
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Your buddy George has a little home
video library, Eleanor.
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This isn't that perverted. If this gets
admitted to evidence, George is going to
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look like a sicko. Let's mark up a
motion to suppress.
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Some of the tapes involve sexual scenes
which border on sadomasochism. This is a
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homicide case. It is not a sex crime.
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I want to see the specific tapes we are
talking about before I make... You
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would. Eleanor, I will see the tapes in
question. Then I'll make my ruling.
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Anderson Pearson, my stuffed shirt
professor?
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He just shot somebody.
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Dead. Did you think he was about to kill
you or your wife when you pulled the
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trigger? Well, no, not at that second,
but... So you do have some memory of
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you were thinking. I didn't consciously
pull it. It just went off.
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You're trying to squeeze in self
-defense, Counsel.
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We're not.
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It's a nice try.
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You are shutting down our whole defense.
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I want our objection noted for the
record.
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So noted. Step back. On the charge of
murder in the second degree, we find the
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defendant Anderson Pearson guilty.
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Possibly spread a few more papers and
some places I can see the floor. It's
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for a couple of days, Helen. It's not as
if the floor is clean underneath.
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Does the Pearson appeal?
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Yep. You know, Lindsay, I don't mean to
sound pessimistic. Then don't.
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Okay, could you at least clean the floor
a little? This is the first date
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tonight. So?
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So, I'm not going to bring a guy into my
bedroom on the first date.
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If we're going to go to town, it's going
to happen right here on this rug.
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Kidding. A joke.
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Come on, think back to when you had a
sense of humor. When was the last time
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even laughed?
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Probably college. I came home one night
and there you were going to town with
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some guy on the rug.
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Kidding. I thought you swore off blind
dates.
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I did.
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But Lisa Nicole promised I wouldn't be
disappointed.
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Helen?
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Absolutely.
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Hi Ready? Absolutely
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The biggest problem is the police aren't
even looking for anybody else. They
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consider the case solved.
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And their theory as to why I would carry
around her head?
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You're sick.
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Not that they're offering, but would you
be at all open to a plea?
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What kind of plea?
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Manslaughter.
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I wouldn't be open to that.
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Complete transcripts are expensive.
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I asked for complete, Lucy. The hearing
is scheduled for this afternoon.
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Well, I can't listen without ears, which
I won't have if you bite my head off.
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What's going on? I asked for all the
trial transcripts. She only got pre
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It's pre -trial. Rulings were appealing.
I asked for them all.
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Chomp, chomp, munch, munch. Lucy.
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Bobby, do you know what Jimmy's case is
about? His cousin, wrongful termination.
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Yes, but do you know the details?
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No. He fired this worker. What's the
problem, Rebecca?
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The problem? It's a two -day trial,
tops.
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His cousin fired this woman for being
Iranian.
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He's being sued.
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I've got to defend him. He's my cousin.
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What's your defense?
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My defense?
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Yes. On the charge of wrongful
termination, what's your defense going
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She's Iranian.
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It's a jury trial.
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If those tapes come into evidence, the
jury's going to be prejudiced, and
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exactly why he wants to use them. Sexual
disorders certainly may be relevant. He
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has an adult video collection. That
doesn't suggest a sexual disorder, and
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that's exactly the kind of leap he wants
a jury to make. Your client allegedly
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cut off a woman's head, Mr. Young. Are
you afraid the jury will think less of
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him because of his film library?
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The issue is whether he cut off that
head.
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That film library is not relevant to
that issue. It's only being introduced
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suggest some depravity. And it's that
pattern of depravity that goes to the
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issue of whether or not this man has the
capacity to behead somebody.
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The tapes are inadmissible.
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What else?
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Your Honor. They're not coming in,
Counsel.
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They won't let you out for the hearing.
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I heard.
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This is the supplemental memorandum I'm
filing. Basically, we're going to argue
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Judge Hiller was wrong not to let us
argue self -defense.
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Okay, look.
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I had some of the lawyers at my firm
read the brief.
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They thought it was well written.
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But ultimately unpersuasive.
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Tell your lawyers to go to the hearing.
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There's a reason we have oral arguments.
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I didn't mean to be critical.
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I meant thank you for fighting so hard
with
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so little to fight with.
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There's no reason we have to give up.
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I had been promoted twice within the
last year, and I was going to be
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to manager this January.
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So things were going well at work?
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Very well.
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And what happened?
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Well, last March I was getting ready to
leave on vacation, and almost in passing
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a co -worker asked me where I was going.
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I told him I was going home to see my
parents, and he asked me where home was.
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Where is home?
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Iran. I was born there.
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And then what?
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Suddenly I seemed to be facing kind of a
cold front in the office.
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About a month later, Mr. Martini came to
me and said things weren't working out,
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and he let me go.
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Your relationship with your co -workers,
you felt kind of a cold front.
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Yes. In fact, you went to my client and
complained about this, right?
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Yes. People were being insubordinate.
Isn't that the word you used?
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I believe so.
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Affecting your ability to be a
productive manager.
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Yes.
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Why did you come to America, Miss Beto?
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I first came as an exchange student in
high school.
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Then I stayed on for college.
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Now I live here.
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As an American citizen?
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No, on a visa.
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Do you plan to become an American
citizen?
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Not really.
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You like Iran?
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Yes. How do you feel about all the
terrorism that... Objection!
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Sustained. Mr. Baluti, let's take care.
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Ms. Bader, you're a proud Iranian.
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Yes.
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You honor this flag?
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Yes.
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Thank you.
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That's all I have.
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I've told the police everything I know.
I understand.
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And, Jay, we realize how hard this must
be.
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Please, don't insult my intelligence.
You're the guy's lawyer, so... The guy
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killed your girlfriend is not George
Vogelman.
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We think he was framed.
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By who?
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That we don't know.
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One question that keeps coming up is,
why would Susan be alone in a bar
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drinking? Why would she go to a motel
with George Vogelman?
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By everybody's account, this is out of
her character.
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It is.
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Her father getting cancer, do you think
she could have been depressed about
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that?
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Could be.
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Could it be something else?
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Jay, you seem like an honest guy.
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We've got an innocent man looking at
conviction.
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Part of their case is the notion that
Susan could never have gone off on some
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one -nighter.
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Can you think of anything that could
possibly explain why she would?
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Police said this wouldn't have to come
out.
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What?
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I had been a little unfaithful to Susan.
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That afternoon, she caught me.
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Do you think maybe to retaliate, she
could have gone home from the bar with
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guy?
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Is that possible?
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Ms. Frock.
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I've spent the last two months
desperately trying to convince myself
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isn't possible.
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You ought to go down there and peek in
that courtroom. Rebecca. It's obscene.
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You want the anti -defamation league
picketing our office? It's a trial.
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Qualified immunity.
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Well, that can't excuse it. The office
is getting way too hostile for me.
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Why don't you just go and... Come on,
Bobby. We're late.
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She was the manager, and her leadership
ability was suffering.
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Because she was Iranian.
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I certainly don't agree with the
bigotry, but I have a dry cleaners to
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well, it wasn't running so well.
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What about calling a meeting, telling
your employees that the bigotry won't be
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accepted? It wasn't so much what people
were doing, so much as what they were
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feeling. And I was powerless to control
that.
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And the feeling was anti -Iranian? Anti
-Iranian, anti -Arab, basically Middle
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East. And you agree that this feeling
was a form of prejudice?
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Of course.
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But you tolerated it?
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Well... You fired her, Mr. Martini. We
could say you ratified the bigotry.
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Well, you could.
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But I had 18 workers come up and
threaten to quit.
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My choice basically was either
discharging your client or facing
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I see.
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And if... Ms. Bader were black, and your
workers threatened to quit because they
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didn't want to work with an African
-American?
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Would you have fired her?
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Probably not.
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What's the difference?
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Possibly none, but complaining about the
color of a person's skin is... That's
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racism, which lies in hatred and
ignorance.
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Here, I feel there was some patriotism
involved, and I guess it wasn't quite as
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repulsive to me.
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He willfully withheld evidence. I did no
such thing. You have a duty to turn
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over all evidence. I don't listen when
two people talk.
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They have an absolute duty to turn over
all exculpatory evidence.
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Material evidence.
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Let him finish, please.
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The boyfriend of the victim provided the
prosecution with a reason that the
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victim may have gone to a bar and may
have been predisposed to a one -night
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stand. He did not turn that information
over to us.
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Why not?
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We didn't consider it either material or
relevant.
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What's the information?
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She had caught him that very day with
another woman.
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Mr. Tisbury, the break you catch here is
that this came out before trial.
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Your Honor, that statement... As of this
second, I don't trust you.
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You're going into trial with a judge who
doesn't trust you.
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00:12:57,800 --> 00:13:02,300
So if you're going to make any more
mistakes from this point on I suggest
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err to their side.
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There was no willful attempt to withhold
evidence.
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Then how unfortunate that I don't
believe you.
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My position is that Judge Hiller erred
when she denied our right to assert self
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-defense. I see no such denial in the
record. If you read the transcript, she
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threatened us with a bad jury
instruction if we went the route of self
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It wasn't a ruling.
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It was tantamount to a ruling. It had
the effect of shutting us down. Are you
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now suggesting that it was self
-defense? Because that gives me a
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counsel. Which is?
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00:13:32,880 --> 00:13:37,260
At trial, you argued that the gun went
off involuntarily. Your client testified
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to that. And now you're saying self
-defense.
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Did your client commit perjury on the
stand?
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00:13:42,920 --> 00:13:46,880
First of all, this hearing is about
Judge Hiller's ruling, not my client's
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testimony. So we should ignore the
truth? Secondly, defendants can assert
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alternative defenses.
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00:13:51,760 --> 00:13:55,540
We could have argued A, he shot him in
self -defense, and B, it went off
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involuntarily. That's permissible.
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00:13:57,480 --> 00:14:01,880
What this hearing is about is Judge
Hiller denying us one of those defenses.
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00:14:02,160 --> 00:14:06,040
So basically you're saying had Judge
Hiller not cut you off, self -defense
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have been your theory.
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00:14:06,820 --> 00:14:08,920
Exactly. Are we all up to speed now?
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Do you really mean to be snide with us,
Ms. Stoll?
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00:14:16,100 --> 00:14:17,120
Actually, yes.
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00:14:17,460 --> 00:14:20,160
You wouldn't be asking these questions
if you'd read my brief.
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I'm discouraged to realize you haven't.
I hope you at least reprimand your
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00:14:24,140 --> 00:14:26,860
clerks. Let's just address your issue,
then.
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00:14:27,960 --> 00:14:32,440
She cut off self -defense because the
victim wasn't posing an imminent threat.
241
00:14:33,260 --> 00:14:34,260
That was wrong.
242
00:14:34,440 --> 00:14:37,060
The threat to my client was both real
and ongoing.
243
00:14:37,920 --> 00:14:40,820
Mr. Pearson was in fear of his life at
the time he pulled the trigger. The
244
00:14:40,820 --> 00:14:41,980
victim had no gun.
245
00:14:42,720 --> 00:14:44,580
My clerk did highlight that part.
246
00:14:45,240 --> 00:14:49,440
In defining imminent, if you look at the
cases, the courts basically come down
247
00:14:49,440 --> 00:14:50,440
to these questions.
248
00:14:50,760 --> 00:14:51,980
Was there any alternative?
249
00:14:52,440 --> 00:14:53,900
Could he have used less force?
250
00:14:54,120 --> 00:14:55,280
Could he have escaped?
251
00:14:55,770 --> 00:14:58,950
Could he have retreated? Could he have
just held him at gunpoint until the
252
00:14:58,950 --> 00:14:59,769
police arrived?
253
00:14:59,770 --> 00:15:03,010
In this situation, the answer seems to
be yes to all of those options. But the
254
00:15:03,010 --> 00:15:05,870
reality for all those options is that
man would be back.
255
00:15:06,150 --> 00:15:09,910
Perhaps, but as Judge Hiller noted, we
weren't at that point when... And to
256
00:15:09,910 --> 00:15:12,750
require him to wait till that point is
unreasonable.
257
00:15:13,230 --> 00:15:14,870
Are you asking us to rewrite the law?
258
00:15:15,110 --> 00:15:18,150
No. Some states have recognized a kidnap
exception.
259
00:15:18,869 --> 00:15:21,810
Basically, if a man kidnaps somebody and
tells the victim he's going to kill
260
00:15:21,810 --> 00:15:24,590
them in a month, that victim doesn't
have to wait a whole month until he's
261
00:15:24,590 --> 00:15:25,770
allowed to use deadly force.
262
00:15:26,010 --> 00:15:28,810
True. But Mr. Pearson wasn't kidnapped.
263
00:15:29,130 --> 00:15:30,210
In effect, he was.
264
00:15:30,610 --> 00:15:34,230
He was basically held captive. He'd gone
to the police. They couldn't help. He
265
00:15:34,230 --> 00:15:37,390
got a restraining order from the court.
It didn't help.
266
00:15:37,730 --> 00:15:38,910
The time was coming.
267
00:15:39,370 --> 00:15:42,970
And we're saying Anderson Pearson should
have waited until the exact moment?
268
00:15:43,710 --> 00:15:45,950
Suppose Raymond Breyer came at night
while they were sleeping.
269
00:15:46,270 --> 00:15:49,890
There is no evidence of any direct
threat to kill Mr. Pearson. It was
270
00:15:49,890 --> 00:15:50,890
implied.
271
00:15:51,270 --> 00:15:54,970
I could argue it was direct with the cat
-mouse exchange, and whether it was
272
00:15:54,970 --> 00:15:59,250
direct or not, Anderson Pearson had a
reasonable belief that it was.
273
00:15:59,590 --> 00:16:03,090
Well, it still seems like a reach to
apply the kidnap... But we're entitled
274
00:16:03,090 --> 00:16:04,090
that reach.
275
00:16:04,270 --> 00:16:05,330
Before a jury.
276
00:16:06,270 --> 00:16:07,630
Judge Hiller shut it down.
277
00:16:08,390 --> 00:16:09,390
It's error.
278
00:16:20,490 --> 00:16:22,390
Time magazine or Newsweek?
279
00:16:22,870 --> 00:16:24,810
They went easier on Ricky Jewell.
280
00:16:26,290 --> 00:16:27,290
Listen to this.
281
00:16:27,470 --> 00:16:31,590
Hapless podiatrist whose social life
consisted of pornography videos and
282
00:16:31,590 --> 00:16:32,970
he met through the personals.
283
00:16:34,750 --> 00:16:35,910
I was one of them.
284
00:16:36,330 --> 00:16:37,910
Except you kept your head about it.
285
00:16:41,870 --> 00:16:43,530
I've spoken to every one of his friends.
286
00:16:44,770 --> 00:16:45,770
And?
287
00:16:46,190 --> 00:16:48,490
They all used three words to describe
him.
288
00:16:49,270 --> 00:16:50,270
Gentle.
289
00:16:50,640 --> 00:16:51,640
Kind.
290
00:16:52,140 --> 00:16:53,140
Loner.
291
00:16:54,980 --> 00:16:55,980
He's in trouble.
292
00:16:56,340 --> 00:16:59,320
The girl's father and brother have
agreed to see me tomorrow.
293
00:17:00,000 --> 00:17:04,240
If they can't point us someplace...
Yeah.
294
00:17:06,700 --> 00:17:07,700
He's in trouble.
295
00:17:09,720 --> 00:17:10,720
Did they rule?
296
00:17:10,780 --> 00:17:12,680
Tomorrow. It went well. It seemed to
have their attention.
297
00:17:12,880 --> 00:17:15,319
Great. Let's get some dinner. No, I'm
going to go back to the office, get on
298
00:17:15,319 --> 00:17:17,900
Westlaw. You know there's a new case
ruling like every ten minutes. Lindsay.
299
00:17:18,480 --> 00:17:21,339
Take a break. I'll take a break when
it's over. Is it ever going to be over?
300
00:17:21,420 --> 00:17:22,420
I'll see you at home.
301
00:17:26,180 --> 00:17:27,180
Hey.
302
00:17:28,440 --> 00:17:31,600
She's been up till three o 'clock in the
morning every night since the trial.
303
00:17:31,680 --> 00:17:32,680
It's like some quest.
304
00:17:33,100 --> 00:17:34,400
Ellen, she's close to him.
305
00:17:34,940 --> 00:17:36,160
You know she might win.
306
00:17:36,380 --> 00:17:37,380
Oh, come on.
307
00:17:37,500 --> 00:17:38,500
Overturn Heather.
308
00:17:39,300 --> 00:17:40,380
You should have seen her.
309
00:17:42,520 --> 00:17:44,620
You went to Mr. Martini and complained.
310
00:17:45,180 --> 00:17:46,180
I did.
311
00:17:46,200 --> 00:17:48,200
Threatened to quit even if she worked
there.
312
00:17:48,410 --> 00:17:52,070
Yes. Because you didn't want to work
side by side with a person of Iranian
313
00:17:52,070 --> 00:17:53,070
descent.
314
00:17:53,530 --> 00:17:57,230
I don't have a problem with her as a
person, but... But what?
315
00:17:59,850 --> 00:18:02,570
I'm not over the hostage thing. I admit
it.
316
00:18:02,850 --> 00:18:05,850
Mr. Hopper, that was almost 20 years
ago. I really don't care.
317
00:18:06,110 --> 00:18:07,230
It all comes back.
318
00:18:07,530 --> 00:18:09,090
I see burning American flags.
319
00:18:09,410 --> 00:18:12,170
I see Khomeini. I get all pent up with
anger.
320
00:18:12,410 --> 00:18:16,360
But this woman wasn't in government.
How... The Iranian people... cheered
321
00:18:16,360 --> 00:18:17,780
government and they never apologized.
322
00:18:18,520 --> 00:18:21,700
In our government, we just forgave them
because they got oil.
323
00:18:22,480 --> 00:18:23,900
Well, I can't forgive them.
324
00:18:24,660 --> 00:18:27,760
This woman was nine years old during the
hostage crisis.
325
00:18:28,220 --> 00:18:30,400
Well, she's old enough now to make a
judgment.
326
00:18:30,760 --> 00:18:35,120
And when she looks me in the eye and
says, I'm proud to be an Iranian, I
327
00:18:35,120 --> 00:18:36,640
want to work side by side with her.
328
00:18:36,940 --> 00:18:40,480
Did she ever engage in any political or
religious discourse at work?
329
00:18:40,760 --> 00:18:44,680
No. And I'm sure she personally has
never blown up an embassy.
330
00:18:45,709 --> 00:18:50,530
But imagine, they're carrying signs that
say death to the U .S., and here she is
331
00:18:50,530 --> 00:18:52,250
in our country suing for a job.
332
00:18:52,650 --> 00:18:55,070
Ask me, the turban must have been
wrapped too tight.
333
00:18:57,410 --> 00:18:58,410
Go ahead.
334
00:18:58,950 --> 00:19:02,510
That last remark was unnecessary. You
asked me to testify and tell my
335
00:19:02,630 --> 00:19:05,710
Just the same. You basically stood up
and declared yourself a bigot. I am
336
00:19:05,710 --> 00:19:08,650
prejudiced on this, but I think this is
the bigotry I'm entitled to.
337
00:19:11,030 --> 00:19:12,950
You're not the person I thought I knew,
Rob.
338
00:19:13,870 --> 00:19:17,050
Sally, I know I'm blaming you for
something that has nothing to do with
339
00:19:17,290 --> 00:19:19,090
That doesn't mean I'm above it. All
right.
340
00:19:19,550 --> 00:19:21,330
You're represented by counsel, Miss
Beta.
341
00:19:21,570 --> 00:19:23,410
It's not appropriate for us to have
communication.
342
00:19:23,910 --> 00:19:26,590
Yes. We wouldn't want to be
inappropriate, would we?
343
00:19:29,890 --> 00:19:30,910
Excuse me one second.
344
00:19:32,670 --> 00:19:34,710
Miss Beta, listen.
345
00:19:36,190 --> 00:19:40,470
I hope you don't take it personal, the
things I say. I have to put on a
346
00:19:41,290 --> 00:19:44,110
You're saying I should be ashamed of my
dissent, Mr. Berluti.
347
00:19:44,450 --> 00:19:46,330
It's difficult not to take it
personally.
348
00:19:49,070 --> 00:19:52,730
I'm the lawyer. I gotta... You're a
little too good.
349
00:19:58,830 --> 00:20:01,870
Can I at least make you a cup of coffee?
350
00:20:02,170 --> 00:20:03,470
No, no, really, I'm fine.
351
00:20:04,210 --> 00:20:06,730
Really? I feel like I should at least...
No.
352
00:20:08,650 --> 00:20:09,830
Will lawyers work this hard?
353
00:20:10,110 --> 00:20:11,110
Big case.
354
00:20:13,370 --> 00:20:14,370
Call me.
355
00:20:14,510 --> 00:20:15,510
I will.
356
00:20:20,810 --> 00:20:21,810
Bye.
357
00:20:22,350 --> 00:20:23,350
I'll see you.
358
00:20:27,610 --> 00:20:33,510
Morning. You slept with him on a second
date? I didn't really sleep with him. We
359
00:20:33,510 --> 00:20:37,070
fell asleep watching TV, which wouldn't
have happened, by the way.
360
00:20:37,590 --> 00:20:40,410
If I didn't have to bring him in there
to escape your command post.
361
00:20:41,730 --> 00:20:42,730
What is all this?
362
00:20:42,990 --> 00:20:44,170
Oral arguments are over.
363
00:20:44,530 --> 00:20:45,570
This is on sentencing.
364
00:20:45,930 --> 00:20:47,050
Should we lose the appeal?
365
00:20:48,590 --> 00:20:50,150
Part of me hopes you do, Liz.
366
00:20:53,370 --> 00:20:58,830
I'm a little afraid if you win, Lindsay,
a new trial... Can you survive going
367
00:20:58,830 --> 00:20:59,830
through all this again?
368
00:20:59,930 --> 00:21:01,110
The trial was easy.
369
00:21:02,230 --> 00:21:03,230
Losing it was hard.
370
00:21:04,950 --> 00:21:06,550
I'm a little concerned about you.
371
00:21:07,020 --> 00:21:08,020
I'm fine.
372
00:21:11,140 --> 00:21:16,560
Withdraw. What that woman said to me,
I'm having a hard time shaking it.
373
00:21:16,560 --> 00:21:18,080
about to start closing arguments.
374
00:21:18,500 --> 00:21:21,400
I know. I'm just not sure it's in me.
375
00:21:21,820 --> 00:21:26,160
I don't want to let my cousin down,
but... Jimmy, if you came to me with
376
00:21:26,160 --> 00:21:29,380
case at the beginning, I would have
stopped you from taking it. It's
377
00:21:29,820 --> 00:21:32,160
It puts a bad light on you and the firm.
378
00:21:32,380 --> 00:21:34,880
But there's no way you can bail at
closings.
379
00:21:35,530 --> 00:21:36,870
I mean, it's not even a question.
380
00:21:39,150 --> 00:21:40,150
Yeah.
381
00:21:40,670 --> 00:21:41,670
I guess.
382
00:21:46,510 --> 00:21:50,550
And, Jimmy, don't phone it in.
383
00:21:54,530 --> 00:21:56,770
The police discouraged us from talking
to you.
384
00:21:57,190 --> 00:21:59,750
As I told your dad, I'm convinced they
got the wrong guy.
385
00:22:00,170 --> 00:22:01,290
And if they do...
386
00:22:01,850 --> 00:22:04,930
That means that this thing was either a
mission to frame George Vogelman or
387
00:22:04,930 --> 00:22:08,830
somebody was after your sister. And as
we told the police, we don't know of any
388
00:22:08,830 --> 00:22:10,390
such person who would want to harm her.
389
00:22:10,650 --> 00:22:11,650
Her boyfriend, Jay?
390
00:22:11,790 --> 00:22:15,070
Did you ever see any predisposition with
him and your sister?
391
00:22:15,310 --> 00:22:17,130
Jay? I'm grasping, Steve.
392
00:22:17,990 --> 00:22:19,110
Jay's a sweet kid.
393
00:22:19,890 --> 00:22:21,070
Did he ever show a temper?
394
00:22:21,530 --> 00:22:24,450
What if he had followed your sister,
found her with George Vogelman? Jay
395
00:22:24,450 --> 00:22:25,450
couldn't have done this.
396
00:22:27,230 --> 00:22:28,250
Did your sister...
397
00:22:30,360 --> 00:22:34,460
Is it possible that your sister could
have kept some part of her life secret?
398
00:22:34,780 --> 00:22:38,100
Mr. Young, I feel I know my daughter
pretty good.
399
00:22:39,380 --> 00:22:44,460
Truth is, I can't believe in a million
years that she'd go to some motel with a
400
00:22:44,460 --> 00:22:45,460
guy she met in a bar.
401
00:22:46,180 --> 00:22:50,680
Which leads me to think that your guy
had to have done it. But, Mr. Robin, you
402
00:22:50,680 --> 00:22:52,540
couldn't believe she would even go to a
bar alone.
403
00:22:53,540 --> 00:22:56,980
So it's possible that Steve helped me
out.
404
00:22:57,900 --> 00:22:59,300
Is there some other side to her?
405
00:22:59,920 --> 00:23:02,060
If there was, I never saw it.
406
00:23:04,020 --> 00:23:07,300
The only... What?
407
00:23:09,000 --> 00:23:10,000
The only what?
408
00:23:10,860 --> 00:23:15,840
She did spend a lot of time on the
Internet talking about people she didn't
409
00:23:15,840 --> 00:23:18,140
know. Would you say that in court?
410
00:23:19,060 --> 00:23:20,060
I don't know.
411
00:23:22,880 --> 00:23:23,880
I guess.
412
00:23:44,170 --> 00:23:49,630
After careful review, we agree with Ms.
Dole's position that self -defense
413
00:23:49,630 --> 00:23:52,290
should have been available to the
defendant at trial.
414
00:23:53,230 --> 00:23:57,950
Whether the danger posed to Mr. Pearson
was eminent enough to justify the use of
415
00:23:57,950 --> 00:24:02,210
excessive force, it's a question of
fact, which should have been offered to
416
00:24:02,210 --> 00:24:03,210
jury.
417
00:24:03,230 --> 00:24:07,610
We therefore rule that Judge Hiller's
position was in error.
418
00:24:08,750 --> 00:24:12,230
However, it is not evident on the
record...
419
00:24:12,600 --> 00:24:17,000
that Judge Hiller actually ruled in this
matter, thereby prohibiting self
420
00:24:17,000 --> 00:24:22,700
-defense. And if defense counsel's
assertion is true, that her warning was
421
00:24:22,700 --> 00:24:28,820
effect ruling, then the proper procedure
was interlocutory appeal, which was
422
00:24:28,820 --> 00:24:30,200
waived by proceeding the trial.
423
00:24:30,660 --> 00:24:34,520
The conviction of Anderson Pearson,
therefore, stands.
424
00:24:35,280 --> 00:24:36,420
We're adjourned.
425
00:24:55,790 --> 00:24:57,890
It's easy to hate Iranians, isn't it?
426
00:24:58,730 --> 00:24:59,730
And Arabs.
427
00:25:00,650 --> 00:25:03,270
They blow up airplanes, buildings.
428
00:25:04,130 --> 00:25:07,770
When that bomb went off in Oklahoma
City, we all had the same knee -jerk
429
00:25:07,770 --> 00:25:08,770
reaction.
430
00:25:08,870 --> 00:25:10,530
Probably some Middle East terrorist.
431
00:25:12,770 --> 00:25:15,930
Let's admit it. We don't like these
people.
432
00:25:16,530 --> 00:25:18,090
And I understand the sentiment.
433
00:25:18,710 --> 00:25:22,810
Many of us share Mr. Harper's
frustration with the hostage crisis.
434
00:25:22,810 --> 00:25:23,810
but deep wound.
435
00:25:24,750 --> 00:25:29,710
But I take exception to his message that
it's good old American patriotism to
436
00:25:29,710 --> 00:25:32,030
discriminate against anyone from the
Middle East.
437
00:25:33,730 --> 00:25:35,190
That's not the country I know.
438
00:25:36,950 --> 00:25:38,590
America stands for tolerance.
439
00:25:39,110 --> 00:25:42,630
The United States rebelled against
oppression, against prejudice.
440
00:25:44,890 --> 00:25:45,890
Or do we?
441
00:25:46,890 --> 00:25:51,370
Mr. Harper's statement, hey, she makes
me angry because of Khomeini, that's
442
00:25:51,370 --> 00:25:55,760
saying... Hey, the Japanese threw up
these Pearl Harbor memories. Let's get
443
00:25:55,760 --> 00:25:56,760
of them.
444
00:25:57,420 --> 00:25:59,140
We did that here once, remember?
445
00:26:00,200 --> 00:26:02,940
Rounded up all the Japanese, threw them
in internment camps.
446
00:26:03,280 --> 00:26:06,360
Didn't matter they were U .S. citizens.
Didn't matter they were innocent. They
447
00:26:06,360 --> 00:26:07,620
were of Japanese descent.
448
00:26:09,660 --> 00:26:13,900
And this country, we're ashamed of that
little piece of history.
449
00:26:14,940 --> 00:26:16,020
Well, here we go again.
450
00:26:17,100 --> 00:26:18,680
Because today's Cold War.
451
00:26:20,170 --> 00:26:21,310
It's against terrorism.
452
00:26:23,830 --> 00:26:27,430
And it's just so easy to hate the towel
heads, isn't it?
453
00:26:34,160 --> 00:26:37,200
She may have hooked up with some psycho
from the Internet. Maybe he was stalking
454
00:26:37,200 --> 00:26:40,880
her. Even so. What even so? Can't your
guy start running that down? Eleanor,
455
00:26:40,940 --> 00:26:42,080
again, off the record?
456
00:26:42,400 --> 00:26:47,200
Sure. This case is pretty hot copy. The
police want to mark solved on the file.
457
00:26:47,360 --> 00:26:49,380
The DA's office wants to mark
conviction.
458
00:26:49,660 --> 00:26:53,780
If anything turns up indicating it could
have been somebody else, forget about
459
00:26:53,780 --> 00:26:54,780
getting a conviction.
460
00:26:55,120 --> 00:27:00,120
Your guy was last seen with her. He had
her head. If George Volgeman didn't do
461
00:27:00,120 --> 00:27:02,920
it, he certainly represents reasonable
doubt for whoever did.
462
00:27:03,560 --> 00:27:04,399
What do you think?
463
00:27:04,400 --> 00:27:06,520
They'd rather get a conviction than
catch the right guy?
464
00:27:06,900 --> 00:27:10,760
Not really, but their need for a
conviction helps them to think they have
465
00:27:10,760 --> 00:27:11,459
right guy.
466
00:27:11,460 --> 00:27:12,460
Oh, that's great.
467
00:27:13,820 --> 00:27:14,980
What's the punchline, Helen?
468
00:27:15,220 --> 00:27:16,940
They're not going to reopen the
investigation.
469
00:27:21,140 --> 00:27:26,000
When this trial started, I got to admit,
I was one of those people who sometimes
470
00:27:26,000 --> 00:27:27,120
had those thoughts.
471
00:27:27,580 --> 00:27:31,040
See some terrorist attack on the news,
I'd say to hell with all of them.
472
00:27:31,280 --> 00:27:35,610
A lot of people in this country... I
think the best thing about Iranians is
473
00:27:35,610 --> 00:27:36,610
they kill Iraqis.
474
00:27:37,390 --> 00:27:42,230
But in Miss Bader, you saw a woman of
dignity, integrity.
475
00:27:43,510 --> 00:27:49,130
And not that this is relevant, but
having somebody like her as the mother
476
00:27:49,130 --> 00:27:51,230
children, I should be so lucky.
477
00:27:52,450 --> 00:27:54,950
But this isn't about her.
478
00:27:55,270 --> 00:27:57,870
It's about the actions of Peter Martini.
479
00:27:58,430 --> 00:28:00,490
Was his firing of her reasonable?
480
00:28:01,360 --> 00:28:03,080
Under normal times, no.
481
00:28:03,560 --> 00:28:06,600
But with what's going on today, yes.
482
00:28:07,660 --> 00:28:12,500
True, he could have said prejudice is
prejudice and not fired her, in which
483
00:28:12,500 --> 00:28:14,620
his staff might acquit and he'd be out
of business.
484
00:28:15,120 --> 00:28:21,400
And as for the prejudice itself, sorry,
but it's not the same as bigotry against
485
00:28:21,400 --> 00:28:24,120
blacks. This is different.
486
00:28:25,180 --> 00:28:27,000
There's a war going on here.
487
00:28:27,240 --> 00:28:29,880
Like Ms. Warden said, and the president
said.
488
00:28:31,070 --> 00:28:33,270
Terrorism is today's war.
489
00:28:34,370 --> 00:28:38,190
Somebody who didn't look like a killer
put a bomb in the World Trade Center.
490
00:28:38,450 --> 00:28:41,710
We can expect more such attacks since we
bombed Sudan.
491
00:28:42,570 --> 00:28:47,190
And I don't mean to suggest for one
second that Ms. Bader is connected in
492
00:28:47,190 --> 00:28:48,590
way to anything bad.
493
00:28:49,210 --> 00:28:51,530
But it is people's right to be afraid.
494
00:28:52,290 --> 00:28:55,050
Our government is telling us to be
afraid.
495
00:28:56,150 --> 00:28:59,790
This war, the battlefields are our
subways.
496
00:29:00,280 --> 00:29:05,640
Buildings, airports, who knows where.
And as the president said, the
497
00:29:05,640 --> 00:29:12,220
too, in our fight against fanaticism,
innocent people will unfortunately
498
00:29:12,220 --> 00:29:13,260
be victims.
499
00:29:14,340 --> 00:29:17,540
I think the question you have to ask
yourselves is this.
500
00:29:17,800 --> 00:29:24,220
If an Iranian or Arab came to you
looking for work, would you hire them,
501
00:29:24,220 --> 00:29:25,400
it would upset personnel?
502
00:29:26,220 --> 00:29:31,360
If you can answer that question with an
easy yes, Fine for the plaintiff.
503
00:29:31,980 --> 00:29:38,740
But if your answer is probably not, all
I ask is that you go back there and
504
00:29:38,740 --> 00:29:40,380
be honest with yourselves.
505
00:30:16,360 --> 00:30:17,360
Go home.
506
00:30:17,480 --> 00:30:20,640
I would, but it cranks Helen's love
life.
507
00:30:22,580 --> 00:30:23,580
Lindsay.
508
00:30:25,800 --> 00:30:26,800
Go home.
509
00:30:27,820 --> 00:30:28,820
And do what?
510
00:30:29,120 --> 00:30:32,840
Put my feet up, watch a movie while he
sits in jail? You've done everything you
511
00:30:32,840 --> 00:30:33,840
can.
512
00:30:36,320 --> 00:30:38,380
I was in the back of that appeals court.
513
00:30:39,840 --> 00:30:43,780
I've never seen a better performance by
any lawyer anywhere.
514
00:30:48,430 --> 00:30:50,810
You have to let go of it now.
515
00:30:54,190 --> 00:30:55,310
Doesn't it bother you?
516
00:30:56,410 --> 00:30:59,910
He's facing life imprisonment because of
our screw -up. He's facing prison
517
00:30:59,910 --> 00:31:03,930
because he shot and killed a man. No,
Bobby, it's because we blew it,
518
00:31:03,930 --> 00:31:05,710
you. You screwed up the most.
519
00:31:06,010 --> 00:31:09,310
Me? Yes, you. That ridiculous,
involuntary argument.
520
00:31:09,840 --> 00:31:12,540
It was stupid, and you know why we went
with it? Because it was a brainstorm.
521
00:31:12,720 --> 00:31:16,660
You got all high off the idea like you
always do over stunts. If it's novel,
522
00:31:16,660 --> 00:31:19,520
want to try it. And because we did, a
good man has lost his life.
523
00:31:21,320 --> 00:31:22,320
Is that what you think?
524
00:31:22,560 --> 00:31:23,560
Yes.
525
00:31:24,360 --> 00:31:27,940
And we screwed up by not appealing Judge
Hiller's ruling. That's what cost us
526
00:31:27,940 --> 00:31:28,559
that appeal.
527
00:31:28,560 --> 00:31:29,920
It was malpractice.
528
00:31:30,340 --> 00:31:33,880
You know, the only upside is it gives us
new grounds. What you see on this table
529
00:31:33,880 --> 00:31:36,700
is research on inadequate counsel.
530
00:31:45,900 --> 00:31:46,900
I've put back out there.
531
00:32:16,040 --> 00:32:17,580
You got to wait here all day?
532
00:32:18,480 --> 00:32:20,080
They said they're close to a verdict.
533
00:32:21,700 --> 00:32:23,260
It's not like I have a job to go to.
534
00:32:27,000 --> 00:32:33,520
Listen, what I said about your integrity
and stuff,
535
00:32:33,720 --> 00:32:35,300
I meant that.
536
00:32:35,860 --> 00:32:36,860
I know you did.
537
00:32:38,740 --> 00:32:43,420
And that stuff about it being reasonable
to fear us, you meant that too, didn't
538
00:32:43,420 --> 00:32:44,420
you?
539
00:32:51,600 --> 00:32:57,220
The most discouraging part is that I can
tell you're a really nice man.
540
00:33:02,720 --> 00:33:04,480
Part of me hopes I lose.
541
00:33:21,550 --> 00:33:25,470
You want me to what? Just what I said.
This is the judicial part of the
542
00:33:25,570 --> 00:33:29,050
counsel. I don't give orders to the
police on how to investigate their case.
543
00:33:29,050 --> 00:33:30,870
asking you to order them to investigate,
period.
544
00:33:31,090 --> 00:33:31,769
We have.
545
00:33:31,770 --> 00:33:34,130
You haven't. Head in a handbag, that's
enough.
546
00:33:34,410 --> 00:33:37,430
You're afraid of investigating for fear
it'll come between open and shut.
547
00:33:37,630 --> 00:33:40,810
I'm offended by that, Eleanor. What have
you really done? Everything.
548
00:33:41,390 --> 00:33:44,030
Forensics. DNA. What about the poet? Did
you go down that path?
549
00:33:44,310 --> 00:33:45,310
The who?
550
00:33:45,550 --> 00:33:49,090
There is a serial killer known as the
Poet, Your Honor. One of our former
551
00:33:49,090 --> 00:33:52,870
clients was convicted of trying to copy
him. He rapes and decapitates...
552
00:33:52,870 --> 00:33:56,810
Different M .O. Well, maybe he mixed
things up for spice this time. We
553
00:33:56,810 --> 00:34:00,610
considered the Poet. Our investigation
points to George Vogelman and George
554
00:34:00,610 --> 00:34:04,950
Vogelman alone. We also have evidence
that the victim had contacts with people
555
00:34:04,950 --> 00:34:05,869
on the Internet.
556
00:34:05,870 --> 00:34:09,750
Look, Counsel, you're free to conduct
your own investigation.
557
00:34:10,270 --> 00:34:11,429
You want time?
558
00:34:11,920 --> 00:34:15,380
I'll give it to you. We don't have any
money. They have an unlimited budget. My
559
00:34:15,380 --> 00:34:19,020
client is broke. Well, I can't do
anything about that, and I can't order
560
00:34:19,020 --> 00:34:21,580
keep looking if they're convinced they
have the killer.
561
00:34:21,960 --> 00:34:25,980
If their thinking is suspect, we have
the device to deal with that.
562
00:34:26,219 --> 00:34:27,580
We call it the trial.
563
00:34:28,540 --> 00:34:32,040
Every criminal defendant has to rely on
the integrity of the process.
564
00:34:32,480 --> 00:34:36,060
Not just me, not just you, but the
police and the DA, too.
565
00:34:36,320 --> 00:34:40,800
And we have nothing but your protests to
suggest they haven't done their jobs.
566
00:34:41,280 --> 00:34:44,500
A shoddy investigation is a defense
counsel's dream.
567
00:34:44,760 --> 00:34:47,380
If you think you've got one, take
advantage.
568
00:34:48,620 --> 00:34:49,800
It's not that simple.
569
00:34:50,100 --> 00:34:51,820
Unfortunately, it is.
570
00:34:53,580 --> 00:34:54,580
That's all.
571
00:34:54,800 --> 00:34:56,120
Your Honor. That's all.
572
00:35:03,420 --> 00:35:06,760
Basically, I want to make a list of
every noble accomplishment.
573
00:35:07,390 --> 00:35:10,550
every act of charity, anybody you can
think who can stand up for you at
574
00:35:10,550 --> 00:35:11,790
sentencing and be effective.
575
00:35:12,470 --> 00:35:13,470
Okay.
576
00:35:14,070 --> 00:35:15,570
I'm still working on the other appeal.
577
00:35:15,830 --> 00:35:22,630
So, um, in the meantime, you know,
there's a big difference between 18
578
00:35:22,630 --> 00:35:24,990
and life, so... What's your feeling?
579
00:35:28,470 --> 00:35:29,470
Hiller's tough.
580
00:35:31,330 --> 00:35:33,330
She's more likely to go maximum than
minimum.
581
00:35:38,570 --> 00:35:41,370
Any awards you've received. Things like
that.
582
00:35:41,790 --> 00:35:42,790
I want to know.
583
00:35:43,790 --> 00:35:44,790
Okay.
584
00:35:49,770 --> 00:35:50,770
I'm sorry.
585
00:35:52,410 --> 00:35:53,510
We let you down.
586
00:35:54,690 --> 00:35:56,470
No, you didn't, Lindsay.
587
00:36:00,790 --> 00:36:01,970
I let you down.
588
00:36:07,470 --> 00:36:09,030
I'll be back on Friday if I've got a
lift.
589
00:36:27,570 --> 00:36:28,570
You okay?
590
00:36:32,050 --> 00:36:33,050
Yeah.
591
00:36:40,290 --> 00:36:41,790
Foreperson, you've reached your verdict.
592
00:36:42,850 --> 00:36:43,930
We have, Your Honor.
593
00:36:44,190 --> 00:36:45,190
What say you?
594
00:36:48,670 --> 00:36:50,070
Bader versus Martini.
595
00:36:50,410 --> 00:36:55,010
On the count of wrongful termination, we
find in favor of the defendant, Peter
596
00:36:55,010 --> 00:36:56,590
Martini. Yes!
597
00:36:58,250 --> 00:37:00,050
Thank you, Jimmy.
598
00:37:00,750 --> 00:37:02,790
Sure. Quiet down, please.
599
00:37:06,230 --> 00:37:08,930
As a matter of law, I set aside the
jury's verdict.
600
00:37:09,440 --> 00:37:12,960
I order the defendant to pay damages in
the amount of $220 ,000.
601
00:37:14,320 --> 00:37:16,520
I'd hope you'd reach the right result.
602
00:37:16,860 --> 00:37:20,960
It would have saved us an appeal. Since
you didn't, judgment is hereby entered
603
00:37:20,960 --> 00:37:23,120
for the plaintiff, notwithstanding the
verdict.
604
00:37:23,920 --> 00:37:29,480
Let me note my disgust for the defendant
on the record, for the defendant's
605
00:37:29,480 --> 00:37:32,060
attorney, and finally for the jury.
606
00:37:33,140 --> 00:37:36,680
Ms. Bader, please accept the apology of
this court.
607
00:37:38,300 --> 00:37:39,300
Adjourned.
608
00:37:57,670 --> 00:37:58,670
Miss Bader.
609
00:37:59,970 --> 00:38:00,970
Miss Bader.
610
00:38:02,550 --> 00:38:09,470
That part about me being a nice man, I,
uh... Well, I am a nice
611
00:38:09,470 --> 00:38:10,470
man.
612
00:38:10,490 --> 00:38:16,830
And I know this might seem... Well,
613
00:38:16,990 --> 00:38:22,170
once you get on that elevator, then I
might never...
614
00:38:22,170 --> 00:38:24,870
Would...
615
00:38:26,670 --> 00:38:29,730
Do you think you would like to have a
cup of coffee with me sometime?
616
00:38:32,230 --> 00:38:33,890
You're asking me out?
617
00:38:34,470 --> 00:38:35,470
No.
618
00:38:36,270 --> 00:38:39,290
Well, a little.
619
00:38:44,070 --> 00:38:50,870
Under the circumstances, that's...
That's not something I can see myself
620
00:38:50,870 --> 00:38:51,870
doing.
621
00:38:57,740 --> 00:38:58,740
I'm flattered.
622
00:39:22,350 --> 00:39:25,330
We're better off than we were yesterday.
The videotapes are out, and this
623
00:39:25,330 --> 00:39:27,170
Internet thing gives us at least a
crack.
624
00:39:29,190 --> 00:39:30,870
Mainly, though, it's going to fall on
you, George.
625
00:39:31,410 --> 00:39:34,150
You've got to take the stand and
convince the jury that you never could
626
00:39:34,150 --> 00:39:35,150
done this.
627
00:39:37,550 --> 00:39:38,550
Okay.
628
00:39:40,510 --> 00:39:41,510
Okay.
629
00:39:43,330 --> 00:39:44,330
I'll be in touch.
630
00:39:45,370 --> 00:39:46,790
You hang in there.
631
00:39:49,410 --> 00:39:50,410
Eleanor?
632
00:39:53,819 --> 00:39:54,819
Give me the odds.
633
00:39:56,720 --> 00:39:58,240
We're gonna do everything we can,
George.
634
00:40:03,780 --> 00:40:06,140
I'd be lying to you if I told you I
think we were gonna win.
635
00:40:34,480 --> 00:40:37,060
Sorry. I didn't mean... Forget about it.
636
00:40:39,840 --> 00:40:45,880
I've just been... I hate myself for
crying.
637
00:40:46,680 --> 00:40:47,680
I know.
638
00:40:50,580 --> 00:40:54,200
Look, this whole office is here for you.
639
00:40:55,660 --> 00:40:56,820
Whatever you need.
640
00:41:19,760 --> 00:41:24,540
I'm just thinking sometimes I do.
53025
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