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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:00,140 --> 00:00:01,660 Previously on The Practice. 2 00:00:01,880 --> 00:00:05,320 My client was in shock at the time of this interrogation. He had just found 3 00:00:05,320 --> 00:00:08,720 wife dead less than an hour before this. I'll allow the videotape for 4 00:00:08,720 --> 00:00:09,940 impeachment purposes only. 5 00:00:10,140 --> 00:00:13,600 He killed my sister. Don't tell me now that he's going to walk. Mr. Barrett, we 6 00:00:13,600 --> 00:00:17,900 had hoped to be able to introduce the videotape interrogation. And you can't? 7 00:00:18,040 --> 00:00:19,840 Not unless we get him on the stand. 8 00:00:20,120 --> 00:00:24,500 This will only happen if his lawyers think he's losing. Which means when we 9 00:00:24,500 --> 00:00:25,860 you, did your sister seem suicidal? 10 00:00:26,570 --> 00:00:30,870 A response of, I didn't think so, isn't going to do it. She was murdered. If you 11 00:00:30,870 --> 00:00:36,410 know it, she did not commit suicide. You absolutely know it. You should just say 12 00:00:36,410 --> 00:00:37,410 anything else, sir. 13 00:00:37,590 --> 00:00:41,230 She said that if she turned up missing, that I should call the police, because 14 00:00:41,230 --> 00:00:43,110 Scott probably did something to her. 15 00:00:43,750 --> 00:00:47,430 Objection! I know what you said to him, how you coached him to be... Hey, Helen! 16 00:00:47,690 --> 00:00:52,310 The man committed perjury, Richard. We both know it. I want to testify. I can't 17 00:00:52,310 --> 00:00:53,310 let you. Poppy! 18 00:00:54,030 --> 00:00:58,510 The defense rests, Your Honor. We find the defendant, Scott Wallace, guilty. 19 00:01:01,430 --> 00:01:04,810 This thing was built to bring children joy, and it's toxic. 20 00:01:05,209 --> 00:01:10,270 The number Eleanor and I think is reasonable is $160 per child. Nothing is 21 00:01:10,270 --> 00:01:11,530 enough for what they did to our kids. 22 00:01:11,930 --> 00:01:12,930 $20 ,000. 23 00:01:13,350 --> 00:01:14,810 $20 ,000? A piece. 24 00:01:15,280 --> 00:01:17,980 And we're only offering it to avoid the publicity that this hearing might 25 00:01:17,980 --> 00:01:21,900 generate. We have children with severe learning disabilities. 26 00:01:22,180 --> 00:01:25,880 Even if that thing is toxic, the government didn't manufacture it. I 27 00:01:25,880 --> 00:01:27,360 we'll lose a summary judgment. 28 00:01:27,600 --> 00:01:32,300 To say that the EPA knew of a leeching problem and failed either to correct it 29 00:01:32,300 --> 00:01:37,540 or to warn about it makes them negligent is in fact a question a jury should be 30 00:01:37,540 --> 00:01:38,900 deciding, not a judge. 31 00:01:39,160 --> 00:01:41,080 What happened? We're still alive. 32 00:01:45,260 --> 00:01:47,100 Are your experts ready? They're all set. 33 00:01:47,300 --> 00:01:50,760 Dr. Tillotson flew in this morning. He's going to be great. He's very dignified 34 00:01:50,760 --> 00:01:52,220 and very persuasive. 35 00:01:52,740 --> 00:01:53,740 Who have they got? 36 00:01:53,960 --> 00:01:55,060 How about everybody? 37 00:01:55,660 --> 00:01:59,520 They can't afford to lose this case. The precedent would be a disaster. 38 00:01:59,900 --> 00:02:00,899 She's nervous. 39 00:02:00,900 --> 00:02:01,940 I am not. 40 00:02:02,300 --> 00:02:06,220 Okay, look. This is not like tobacco, where the jury's going to go in thinking 41 00:02:06,220 --> 00:02:07,300 that the defendant is evil. 42 00:02:07,620 --> 00:02:10,479 There's no predisposition weighing in your favor here. 43 00:02:10,889 --> 00:02:15,150 In fact, in this case, the jury's fears will work against you. How do you figure 44 00:02:15,150 --> 00:02:18,710 that? People don't want to believe that playground equipment all over is 45 00:02:18,710 --> 00:02:19,730 poisoning their children. 46 00:02:20,070 --> 00:02:23,190 They don't want to believe that the government can know about it and just 47 00:02:23,190 --> 00:02:24,390 the other way because of politics. 48 00:02:24,590 --> 00:02:27,610 Well, that's exactly... People don't want to believe it, Eleanor. 49 00:02:27,830 --> 00:02:29,010 Okay, Bobby, we get it. 50 00:02:30,290 --> 00:02:31,290 How is your science? 51 00:02:31,590 --> 00:02:33,390 It's circumstantial, but credible. 52 00:02:33,630 --> 00:02:38,750 Don't focus on proof so much. It's hammering the fact that the EPA didn't 53 00:02:38,750 --> 00:02:39,750 this stuff enough. 54 00:02:39,770 --> 00:02:41,830 All right, Bobby, we have done this before. 55 00:02:42,390 --> 00:02:45,150 We've been preparing this case for eight months now, and we know what we have to 56 00:02:45,150 --> 00:02:46,150 do. 57 00:02:46,390 --> 00:02:47,390 Anything else? 58 00:02:48,210 --> 00:02:49,210 Yeah. 59 00:02:50,450 --> 00:02:51,450 When? 60 00:03:40,940 --> 00:03:41,940 You ready? 61 00:03:42,520 --> 00:03:43,960 Yeah, as ready as I'm gonna get. 62 00:03:44,940 --> 00:03:45,940 Are you going in today? 63 00:03:47,040 --> 00:03:48,720 Yeah, just moving slow. 64 00:03:52,100 --> 00:03:53,100 You okay, Helen? 65 00:03:54,440 --> 00:03:55,440 Yeah. 66 00:03:55,700 --> 00:03:56,700 Don't I look fabulous? 67 00:03:59,060 --> 00:04:01,820 It's just you've been acting a little blue for about a week now. 68 00:04:02,020 --> 00:04:03,920 Really? Must be a midlife thing. 69 00:04:04,600 --> 00:04:08,100 Promised myself if I wasn't rich and famous by 30, I'd... 70 00:04:08,839 --> 00:04:10,640 I'd least be sleeping with someone who was. 71 00:04:16,640 --> 00:04:20,320 I'm working as fast as I can, Bobby. Get Jimmy to help you. He's third chairing 72 00:04:20,320 --> 00:04:23,540 the Jamison trial. Look, when we sit on our hands, Scott Wallace is sitting in 73 00:04:23,540 --> 00:04:26,420 jail. Nobody is sitting on their hands, especially me. 74 00:04:26,720 --> 00:04:27,720 I'm off to see him now. 75 00:04:28,000 --> 00:04:31,540 Bobby, you are going to let him in on everything he has to appeal. 76 00:04:36,970 --> 00:04:41,670 The injuries are neurological, most likely caused by a toxin. Did you form 77 00:04:41,670 --> 00:04:44,590 opinion, Doctor, as to what caused these neurological injuries? 78 00:04:44,930 --> 00:04:49,690 We couldn't make any findings to a medical certainty, but it's my belief 79 00:04:49,690 --> 00:04:53,730 these children were exposed to arsenic poisoning, and it was determined the 80 00:04:53,730 --> 00:04:56,350 likely culprit was a play gym in the backyard. 81 00:04:56,770 --> 00:05:00,570 Okay, and can you tell us why you fault the play gym? 82 00:05:00,990 --> 00:05:06,350 The wood was treated with chromated copper arsenicals, commonly known as 83 00:05:06,630 --> 00:05:09,050 It's a fungicide. It's an insecticide. 84 00:05:09,270 --> 00:05:10,810 It's also a carcinogen. 85 00:05:11,130 --> 00:05:13,710 Over time, it can break down. 86 00:05:13,930 --> 00:05:18,410 The kids touch it. They put their hands in their mouths and they ingest it. The 87 00:05:18,410 --> 00:05:22,010 neuropathy these children suffered is consistent with the injuries typically 88 00:05:22,010 --> 00:05:23,910 caused by exposure to CCA. 89 00:05:24,750 --> 00:05:28,530 You can't prove that this play equipment caused these problems, can you, doctor? 90 00:05:28,810 --> 00:05:29,990 Can I prove it? 91 00:05:30,360 --> 00:05:36,600 No. In fact, Doctor, you can't even prove to a medical certainty that 92 00:05:36,600 --> 00:05:41,800 to CCA even causes neurological damage of any kind, can you? There is certainly 93 00:05:41,800 --> 00:05:44,940 enough anecdotal evidence to strongly suggest that it does. 94 00:05:45,160 --> 00:05:46,300 Can you prove it, Doctor? 95 00:05:46,720 --> 00:05:50,460 One of the reasons it hasn't been scientifically proven is that we haven't 96 00:05:50,460 --> 00:05:52,560 enough testing to... You cannot prove it. 97 00:05:53,120 --> 00:05:54,160 Can you, Doctor? 98 00:05:55,500 --> 00:05:56,500 No. 99 00:06:03,630 --> 00:06:04,630 Mr. Gamble? 100 00:06:05,290 --> 00:06:07,930 Mr. Barrett, thank you for coming by. 101 00:06:08,430 --> 00:06:09,430 What's going on? 102 00:06:09,630 --> 00:06:10,970 Well, nothing to worry about, Professor. 103 00:06:11,450 --> 00:06:15,810 You know, I'm anticipating the defense to appeal. I think I told you this. 104 00:06:16,270 --> 00:06:17,270 And? 105 00:06:19,250 --> 00:06:23,370 My feeling is one of the grounds they'll be raising is the veracity of your 106 00:06:23,370 --> 00:06:27,870 testimony. I thought I could best head that off at the pass by offering 107 00:06:27,870 --> 00:06:28,870 polygraph results. 108 00:06:29,070 --> 00:06:31,650 You could take the test in my office. It won't take more than an hour. 109 00:06:32,599 --> 00:06:34,300 I thought they were never admissible. 110 00:06:34,660 --> 00:06:37,760 For suspects. For witnesses, they can actually carry some weight. 111 00:06:39,040 --> 00:06:40,560 I don't want to take any polygraph. 112 00:06:42,480 --> 00:06:43,880 Why is that, Mr. Barrett? 113 00:06:45,040 --> 00:06:46,340 Did you not tell the truth? 114 00:06:49,400 --> 00:06:50,760 I'm going to need that polygraph. 115 00:06:51,800 --> 00:06:54,940 Otherwise, I might be compelled to go to the judge and ask for a new trial. 116 00:06:55,860 --> 00:06:59,560 I don't know what's going on, Ms. Gamble, but I'm not taking a lie 117 00:07:04,600 --> 00:07:06,600 You could be facing perjury, Mr. Barrett. 118 00:07:07,980 --> 00:07:10,060 I think you should have your lawyer pay me a visit. 119 00:07:10,780 --> 00:07:11,780 Today. 120 00:07:16,320 --> 00:07:19,780 All these names came out of your wife's Rolodex. I need you to go through it and 121 00:07:19,780 --> 00:07:20,780 tell us who they are. 122 00:07:22,320 --> 00:07:25,900 What are you looking for? The desperation of it will probably depress 123 00:07:26,360 --> 00:07:27,360 Tell me. 124 00:07:27,380 --> 00:07:30,960 Well, is there any possibility that it wasn't suicide? 125 00:07:31,740 --> 00:07:33,140 That somebody else killed her? 126 00:07:33,530 --> 00:07:36,550 What? I know it's out there, but, well, she was leaving you. 127 00:07:37,830 --> 00:07:39,630 Suppose she was seeing somebody else. 128 00:07:40,430 --> 00:07:44,210 Suppose after you two fought, she called him and he came over to get her. And 129 00:07:44,210 --> 00:07:45,129 killed her? 130 00:07:45,130 --> 00:07:48,410 I haven't exactly thought it through. I'm just... I'm just groping for 131 00:07:48,410 --> 00:07:49,410 something. 132 00:07:50,070 --> 00:07:51,750 You're right. This depresses me. 133 00:07:52,210 --> 00:07:54,790 Just go through the list. I want to know who everybody is. 134 00:07:56,590 --> 00:07:57,590 What about the appeal? 135 00:07:59,450 --> 00:08:00,450 We're putting it together. 136 00:08:05,200 --> 00:08:10,280 Listen, Scott, you have one of the grounds we need to talk about. 137 00:08:11,800 --> 00:08:13,300 It could cost me my bar card. 138 00:08:13,800 --> 00:08:18,420 What are you talking about? You were denied your right to testify by me. 139 00:08:20,600 --> 00:08:23,980 You were adamant about getting up there, and I just cut you off and rested the 140 00:08:23,980 --> 00:08:24,980 defense. 141 00:08:26,100 --> 00:08:27,380 I think it's an issue. 142 00:08:27,840 --> 00:08:32,000 Well, you did it because you believed it was the best strategy. But in the end, 143 00:08:32,020 --> 00:08:34,640 it has to be your decision, and I totally usurped it. 144 00:08:37,610 --> 00:08:42,070 You might want to think about hiring a new lawyer and making that one of the 145 00:08:42,070 --> 00:08:43,070 grounds for appeal. 146 00:08:44,049 --> 00:08:45,310 What, can't you argue it? 147 00:08:47,390 --> 00:08:50,070 It's a little strange for me to argue my own infraction. 148 00:08:51,950 --> 00:08:58,910 Bobby, the situation that I'm in, it's not like I'm going 149 00:08:58,910 --> 00:09:00,610 to get out of here. I know the odds. 150 00:09:01,710 --> 00:09:04,530 Now, if I am to have any chance... 151 00:09:04,990 --> 00:09:07,690 I need a lawyer who feels he's in the hole here with me. 152 00:09:09,230 --> 00:09:10,230 And you're it. 153 00:09:17,830 --> 00:09:22,810 Now, doctor, can you get the arsenic on your skin by touching the playground 154 00:09:22,810 --> 00:09:25,210 equipment? When the coating breaks down, absolutely. 155 00:09:25,930 --> 00:09:29,190 It can even be inhaled, especially when the wood is wet. 156 00:09:29,650 --> 00:09:31,510 Have any studies ever proved this? 157 00:09:31,730 --> 00:09:32,730 Yes. 158 00:09:32,810 --> 00:09:39,390 And the EPA evaluated studies in 1978 and further studies in 1981 and 159 00:09:39,390 --> 00:09:40,390 1987. 160 00:09:40,890 --> 00:09:41,890 All right, doctor. 161 00:09:42,010 --> 00:09:46,190 Is this wood a real risk in your medical opinion? 162 00:09:46,470 --> 00:09:48,590 Everybody defines risk for themselves. 163 00:09:48,850 --> 00:09:53,570 But let me put it this way. These things are cancer death traps. And they're in 164 00:09:53,570 --> 00:09:55,390 backyards all over the country. 165 00:09:56,030 --> 00:10:02,150 Those EPA tests about inhaling and ingesting the arsenic off wood, those 166 00:10:02,150 --> 00:10:07,330 were on unsealed wood, weren't they, Doctor? I believe so. Well, the wood on 167 00:10:07,330 --> 00:10:08,890 this playground equipment was coated. 168 00:10:09,150 --> 00:10:13,330 In time, the coating breaks down and seepage from arsenic increases. 169 00:10:13,750 --> 00:10:16,330 What about the wood we use to build our houses? 170 00:10:16,970 --> 00:10:20,650 That's all treated with a termite pesticide, isn't it? Yes. 171 00:10:20,950 --> 00:10:21,950 Carcinogen? 172 00:10:22,400 --> 00:10:28,280 Probably. So maybe even our houses are potential cancer death traps. Right, 173 00:10:28,400 --> 00:10:30,720 Doctor? We can't rule it out. 174 00:10:32,920 --> 00:10:36,040 Overall, I think he came off well, and it was a good first day. 175 00:10:36,440 --> 00:10:42,360 We still obviously have big problems on causation, but I think the jury's with 176 00:10:42,360 --> 00:10:43,880 us. They definitely are. 177 00:10:44,220 --> 00:10:45,740 I was watching their faces. 178 00:10:45,980 --> 00:10:47,140 What happens next? 179 00:10:47,440 --> 00:10:49,320 They'll put up Feldman from the EPA. 180 00:10:50,300 --> 00:10:51,300 Lindsay, you ready? 181 00:10:52,870 --> 00:10:57,470 Totally. This guy is tough. He's got experience as a witness, and he's not 182 00:10:57,470 --> 00:10:59,490 afraid to go right back at the lawyer. 183 00:10:59,790 --> 00:11:00,790 I'm ready. 184 00:11:00,810 --> 00:11:04,250 If we do damage here, our chances become very good. 185 00:11:04,730 --> 00:11:09,030 Do we testify? We've decided to hold you for rebuttal. We want your testimony to 186 00:11:09,030 --> 00:11:10,570 come as close to the end as possible. 187 00:11:10,870 --> 00:11:14,790 Our goal is for the jury to be thinking of a family in that room, not just 188 00:11:14,790 --> 00:11:16,250 chemicals and a bunch of scientists. 189 00:11:16,550 --> 00:11:19,150 But your feeling is it's going well so far? 190 00:11:19,610 --> 00:11:20,930 I think it's going quite well. 191 00:11:21,850 --> 00:11:24,930 But their big gun comes next. 192 00:11:44,670 --> 00:11:45,910 Are you okay? 193 00:11:46,250 --> 00:11:50,390 Yeah. Yeah, I'm just, uh, just thinking. 194 00:11:51,370 --> 00:11:52,450 You cross from the doctor? 195 00:11:54,230 --> 00:11:56,970 I've got to get him, Bobby. If I don't get him... You will. 196 00:11:59,550 --> 00:12:00,550 You will. 197 00:12:05,950 --> 00:12:10,650 First of all, whether a district attorney thinks a witness lied or not, 198 00:12:10,650 --> 00:12:11,609 no relevance. 199 00:12:11,610 --> 00:12:16,350 It does to me. It's the prerogative of the jury to weigh his credibility. They 200 00:12:16,350 --> 00:12:17,350 did so. 201 00:12:18,450 --> 00:12:19,450 Mr. Stone. 202 00:12:19,980 --> 00:12:21,220 Your client lied. 203 00:12:21,500 --> 00:12:25,080 A man is serving a life sentence in part because of that lie. 204 00:12:25,900 --> 00:12:28,160 Allow me to be a little bit uncomfortable with that. 205 00:12:28,380 --> 00:12:29,380 Okay, Miss Gamble. 206 00:12:29,960 --> 00:12:32,840 I'll put myself in your shoes and feel your discomfort. 207 00:12:33,180 --> 00:12:34,680 Now you put yourself in mine. 208 00:12:35,040 --> 00:12:39,700 Why in God's name would I ever agree to let Kyle Barrett take a lie detector? 209 00:12:40,080 --> 00:12:41,280 How about simple justice? 210 00:12:41,900 --> 00:12:45,820 I was away last week. Did the system suddenly become about that? 211 00:12:46,060 --> 00:12:47,940 I don't find cynicism persuasive. 212 00:12:48,220 --> 00:12:53,880 Well, idealism can be pretty incredible as well. I will not let my client expose 213 00:12:53,880 --> 00:12:58,160 himself to possible perjury charges. I will grant him immunity on that. Nor 214 00:12:58,160 --> 00:13:01,940 I advise him to help undo the conviction of his sister's killer. 215 00:13:02,300 --> 00:13:05,060 Mr. Stone, I won't sit quiet on this. 216 00:13:05,820 --> 00:13:06,820 Please. 217 00:13:07,800 --> 00:13:08,940 What are you going to do? 218 00:13:13,930 --> 00:13:18,770 The Environmental Protection Agency did extensive testing on CCA throughout the 219 00:13:18,770 --> 00:13:24,430 80s. We continue to test it, and we have consistently found that it does not 220 00:13:24,430 --> 00:13:28,470 pose an unreasonable risk to either children or adults. 221 00:13:28,870 --> 00:13:34,370 But with the possibility of a risk, shouldn't the EPA do something? We have. 222 00:13:34,790 --> 00:13:40,670 The EPA developed a warning program which requires retailers to issue 223 00:13:40,670 --> 00:13:43,050 that CCA poses potential hazards. 224 00:13:43,640 --> 00:13:47,520 Their contention that we have done nothing here is false. 225 00:13:47,760 --> 00:13:51,480 I think their main contention is you haven't done enough. 226 00:13:51,700 --> 00:13:57,240 We have federal insecticide laws to deal with. Under the law, we have to weigh 227 00:13:57,240 --> 00:14:01,340 the potential adverse effects of a chemical against the economic and social 228 00:14:01,340 --> 00:14:02,980 benefits and costs. 229 00:14:03,200 --> 00:14:07,320 With CCA, it would last up to five times longer. 230 00:14:07,880 --> 00:14:12,200 Now, this represents a huge benefit to schools who could never afford 231 00:14:12,200 --> 00:14:17,120 playgrounds otherwise, to poor communities who could never build them 232 00:14:17,120 --> 00:14:21,100 the preservative. But with the chance they cause cancer, do we want schools 233 00:14:21,100 --> 00:14:25,260 building them? Well, if it really caused cancer, of course not. But to date, 234 00:14:25,400 --> 00:14:31,580 there is no conclusive evidence that exposure to CCA causes cancer or any 235 00:14:31,580 --> 00:14:33,900 neurological side effects. There just isn't. 236 00:14:35,150 --> 00:14:37,570 Are there any conclusive studies to show that it's safe? 237 00:14:37,870 --> 00:14:41,630 No. Nor are there with most food preservatives. 238 00:14:42,050 --> 00:14:44,450 Should the FDA ban potato chips? 239 00:14:44,730 --> 00:14:48,550 Potato chips don't contain a pesticide. The pesticide is coated. 240 00:14:48,950 --> 00:14:50,630 It is sealed, counsel. 241 00:14:51,010 --> 00:14:52,790 What if the seal doesn't work? 242 00:14:53,930 --> 00:14:58,170 You're aware of Dr. Stilwell's study showing the arsenic is leaching from 243 00:14:58,170 --> 00:14:59,530 playground equipment into the soil? 244 00:14:59,850 --> 00:15:00,850 That's one study. 245 00:15:01,420 --> 00:15:06,080 The EPA has asked to see the data supporting it. Until we review it, we 246 00:15:06,080 --> 00:15:07,700 attach any scientific credibility. 247 00:15:08,080 --> 00:15:09,280 The state of California does. 248 00:15:09,680 --> 00:15:13,340 They banned these wooden play gyms from schools unless they're recoded every 249 00:15:13,340 --> 00:15:15,680 other year out of fear that the children could be poisoned. 250 00:15:16,040 --> 00:15:18,740 Many scientists feel that that was an overreaction. 251 00:15:19,020 --> 00:15:24,200 In 1997, a group of physicians and scientists informed the EPA that wood 252 00:15:24,200 --> 00:15:27,600 preservatives constituted a health threat to this country. Yes, and 253 00:15:27,600 --> 00:15:30,280 conservationists lobbyists on behalf of the rainforest. 254 00:15:31,260 --> 00:15:35,000 But without these preservatives, more trees would be cut down. 255 00:15:35,220 --> 00:15:37,020 So kill a child, save a tree? 256 00:15:37,360 --> 00:15:38,620 Objection. Sustained. 257 00:15:38,920 --> 00:15:43,380 You talked about the EPA requiring advisories, warning that CCA poses a 258 00:15:43,380 --> 00:15:44,380 potential health risk. 259 00:15:44,480 --> 00:15:49,320 Yes. Actually, that was a voluntary program, wasn't it, Dr. Feldman? If the 260 00:15:49,320 --> 00:15:52,520 industry didn't want to issue the advisories, they didn't have to, and 261 00:15:52,520 --> 00:15:56,900 them still don't, right, Doctor? This wasn't a situation where a mandate was 262 00:15:56,900 --> 00:16:00,360 warranted. The truth is, you were all set to issue a mandate here. 263 00:16:01,040 --> 00:16:04,740 when the wood manufacturers suddenly lobbied Congress to get you to back off. 264 00:16:04,740 --> 00:16:08,000 don't know anything about that. And isn't it true the EPA also backed off, 265 00:16:08,100 --> 00:16:12,920 requiring further studies, when the chemical industry gave $4 million in 266 00:16:12,920 --> 00:16:17,540 campaign contributions to congressmen to lean on you? The EPA has never been 267 00:16:17,540 --> 00:16:19,080 bought, counsel, I assure you. 268 00:16:19,340 --> 00:16:24,740 I show you the EPA's 1981 position paper regarding inorganic arsenicals, and I 269 00:16:24,740 --> 00:16:26,280 ask you to read the highlighted paragraph. 270 00:16:28,810 --> 00:16:32,110 All this basically says is we don't know. 271 00:16:32,330 --> 00:16:33,430 You don't know. 272 00:16:33,910 --> 00:16:39,730 That same paper cites a 1973 study which associates arsenic -tainted milk with 273 00:16:39,730 --> 00:16:43,790 severe retardation, lower IQs, and abnormal EEG findings. 274 00:16:44,090 --> 00:16:46,630 That was a study of Japanese babies. 275 00:16:47,050 --> 00:16:48,490 You don't count Japan? 276 00:16:51,170 --> 00:16:54,650 What else doesn't the EPA know, doctor? And when did they not know it? 277 00:16:54,730 --> 00:17:00,190 Objection. Withdrawn. In 1996, the EPA failed to warn over a million power 278 00:17:00,190 --> 00:17:03,690 employees that they were at risk for mercury poisoning. Objection. Because 279 00:17:03,690 --> 00:17:05,510 coal lobby pressure to you backed off there. 280 00:17:05,810 --> 00:17:08,690 Objection. Relevance. Goes to pattern. They were bought then just like they're 281 00:17:08,690 --> 00:17:09,690 being bought now. 282 00:17:09,829 --> 00:17:10,829 Objection. 283 00:17:11,010 --> 00:17:14,490 Overruled. You lay off chemical companies, don't you, Dr. Feldman? That 284 00:17:14,490 --> 00:17:16,190 absolutely not true. 285 00:17:16,410 --> 00:17:18,329 From 1989 to 1998. 286 00:17:19,400 --> 00:17:24,520 Of all the hundreds, if not thousands, of pesticides out there, how many did 287 00:17:24,520 --> 00:17:26,000 get neurotoxicity data on? 288 00:17:26,300 --> 00:17:27,760 I don't know the exact number. 289 00:17:27,960 --> 00:17:29,580 I do. It's nine. 290 00:17:30,360 --> 00:17:35,800 Of the hundreds, if not thousands, of industrial chemicals, how many did you 291 00:17:35,800 --> 00:17:38,080 for and get the neurotoxicity data on? 292 00:17:38,300 --> 00:17:39,780 Again, I don't know the number. 293 00:17:40,040 --> 00:17:41,040 It's three. 294 00:17:42,520 --> 00:17:44,600 You guys are quite the watchdogs. 295 00:17:45,000 --> 00:17:46,300 Objection! Withdrawn. 296 00:17:46,780 --> 00:17:47,780 Nothing further. 297 00:18:05,070 --> 00:18:08,950 Of the five names you couldn't identify, two were maiden names of married women 298 00:18:08,950 --> 00:18:09,950 you did ID. 299 00:18:10,470 --> 00:18:11,730 One was a pool contractor. 300 00:18:12,370 --> 00:18:15,430 Oh, yeah, we were thinking about installing a pool last year. 301 00:18:16,130 --> 00:18:19,070 One we're still checking. One was a psychiatrist, Dr. 302 00:18:19,390 --> 00:18:20,390 Bernard White. 303 00:18:21,030 --> 00:18:22,030 Psychiatrist? 304 00:18:22,350 --> 00:18:23,510 Was your wife seeing a shrink? 305 00:18:24,550 --> 00:18:25,750 Not that I'm aware of. 306 00:18:27,330 --> 00:18:28,910 He's in Cambridge. I'll pay him a visit. 307 00:18:29,890 --> 00:18:31,190 Listen, on the other... 308 00:18:31,760 --> 00:18:35,600 I understand if you want to replace me, I'd even recommend it. 309 00:18:36,340 --> 00:18:40,220 Can you recommend someone as good who will try as hard? 310 00:18:42,200 --> 00:18:47,420 Look, Bobby, I'm glad you think you screwed up. It's my insurance policy 311 00:18:47,420 --> 00:18:48,420 you'll keep trying. 312 00:18:49,500 --> 00:18:50,600 I'll keep trying. 313 00:18:51,960 --> 00:18:53,400 You don't have to worry about that. 314 00:18:55,540 --> 00:18:56,540 I'm not. 315 00:19:02,990 --> 00:19:07,830 They told us it really wasn't that uncommon for a boy to have seizures. 316 00:19:08,630 --> 00:19:10,210 Did they test him for epilepsy? 317 00:19:10,550 --> 00:19:12,090 Oh, they tested him for everything. 318 00:19:12,790 --> 00:19:15,490 They finally settled on a toxin getting to the brain. 319 00:19:16,030 --> 00:19:17,030 And what did you do? 320 00:19:17,430 --> 00:19:18,790 There was nothing we could do. 321 00:19:19,310 --> 00:19:21,950 We got him on medication, which controlled the seizures. 322 00:19:24,650 --> 00:19:27,770 We thought, you know, that was that. 323 00:19:29,230 --> 00:19:30,230 Then, uh... 324 00:19:33,110 --> 00:19:34,550 Sarah started falling down. 325 00:19:34,950 --> 00:19:36,610 What do you mean she started falling down? 326 00:19:36,990 --> 00:19:37,990 She would trip. 327 00:19:38,870 --> 00:19:42,010 If she tried to play hopscotch, she'd fall flat on her face. 328 00:19:42,390 --> 00:19:45,110 They thought maybe she had cerebral palsy. 329 00:19:45,370 --> 00:19:48,090 And then things started to happen with Everett? 330 00:19:50,690 --> 00:19:51,690 He can't read. 331 00:19:52,910 --> 00:19:54,550 He will never be in a normal class. 332 00:19:55,890 --> 00:19:57,030 He'll never go to college. 333 00:20:00,360 --> 00:20:01,360 And you knew. 334 00:20:01,580 --> 00:20:06,760 Objection. I have a boy whose body convulses with foam coming out of his 335 00:20:06,760 --> 00:20:10,380 and a daughter who keeps falling down and a son who can't read and you people 336 00:20:10,380 --> 00:20:15,180 have known for 30 years. Your Honor. Mrs. Jameson, please just answer the 337 00:20:15,180 --> 00:20:16,300 questions you're asked. 338 00:20:21,660 --> 00:20:22,840 What was the question? 339 00:20:24,680 --> 00:20:28,480 The question was when your son started having seizures. 340 00:20:29,280 --> 00:20:33,100 Didn't the doctors say it could have come from a whole host of chemicals, 341 00:20:33,340 --> 00:20:36,540 including the cleaning solutions you kept in the house? 342 00:20:36,880 --> 00:20:38,700 And then I got rid of all that stuff. 343 00:20:39,100 --> 00:20:41,140 Do you live near high -power lines? 344 00:20:41,580 --> 00:20:43,800 Yes. And did the doctors inquire about them? 345 00:20:44,080 --> 00:20:46,100 Yes. They ruled them out as a cause. 346 00:20:46,360 --> 00:20:49,860 Did you and your husband undergo any genetic testing? 347 00:20:51,640 --> 00:20:52,640 No. 348 00:20:53,060 --> 00:20:54,039 I see. 349 00:20:54,040 --> 00:20:56,260 Where is the play equipment today? 350 00:20:56,700 --> 00:20:58,060 It's still in our backyard. 351 00:20:58,640 --> 00:21:02,180 You think this equipment is harming your children and it's still there? 352 00:21:02,700 --> 00:21:05,520 We don't let them play on it. Well, why not get rid of it altogether? 353 00:21:05,920 --> 00:21:09,520 Our lawyers told us not to, not until we... Objection. I need to advise my 354 00:21:09,520 --> 00:21:10,740 client that that is privileged. 355 00:21:10,980 --> 00:21:13,680 She does not need to answer that. It's also a work product. 356 00:21:13,960 --> 00:21:15,600 You kept it as evidence for your lawsuit? 357 00:21:16,260 --> 00:21:17,600 Objection. Sustained. 358 00:21:18,160 --> 00:21:19,960 Just one last question, Mrs. Jamison. 359 00:21:20,540 --> 00:21:23,120 Did any doctor who treated your children... 360 00:21:23,720 --> 00:21:28,540 conclude that their problems came from the CCA and the play equipment? Did any 361 00:21:28,540 --> 00:21:29,900 of them conclude that? 362 00:21:31,900 --> 00:21:32,900 No. 363 00:21:35,460 --> 00:21:36,760 Thank you, Mrs. Jameson. 364 00:21:49,600 --> 00:21:51,840 We really appreciate you taking the time. 365 00:21:52,120 --> 00:21:56,780 Sure. But as I told you on the phone, I'm not comfortable revealing 366 00:21:56,780 --> 00:21:57,780 about my patients. 367 00:21:57,860 --> 00:21:58,859 I understand. 368 00:21:58,860 --> 00:22:00,940 You did treat Mrs. Wallace, then? 369 00:22:02,120 --> 00:22:06,880 I know the identity of my patients aren't protected by privilege, Mr. 370 00:22:06,940 --> 00:22:12,260 Nevertheless, I am reluctant to reveal them. But as you said yourself, that 371 00:22:12,260 --> 00:22:15,900 isn't privileged, and even if it were, it wouldn't survive the death of the 372 00:22:15,900 --> 00:22:19,900 patient. Mr. Donald, I know what the law is. I know you can subpoena my records. 373 00:22:20,500 --> 00:22:21,980 Hence, I agreed to this meeting. 374 00:22:22,560 --> 00:22:24,500 Could you tell us what you were treating her for? 375 00:22:26,160 --> 00:22:28,300 Anxiety, sleeplessness, and depression. 376 00:22:30,880 --> 00:22:32,440 Did you say depression? 377 00:22:33,080 --> 00:22:36,020 Yes. You know that we argued that she killed herself. 378 00:22:36,340 --> 00:22:37,720 Yes, I read the papers. 379 00:22:38,060 --> 00:22:39,380 Why didn't you come forward? 380 00:22:39,700 --> 00:22:43,460 The prosecution was claiming she wasn't suicidal. You had information that she 381 00:22:43,460 --> 00:22:44,259 was depressed. 382 00:22:44,260 --> 00:22:47,200 Mr. Donald, 80 % of my patients are depressed. 383 00:22:47,710 --> 00:22:49,130 They don't typically take their own lives. 384 00:22:49,350 --> 00:22:52,330 But sometimes they do. How could you sit on this? 385 00:22:52,550 --> 00:22:54,970 I sat on this because I don't believe that Karen was suicidal. 386 00:22:55,310 --> 00:22:58,330 The jury convicted him because they didn't believe the idea she was 387 00:22:59,190 --> 00:23:02,710 Don't yell at me. I will yell at you. Bobby. What the hell were you thinking? 388 00:23:02,790 --> 00:23:05,650 All right. I was thinking she was probably murdered. Well, you were wrong. 389 00:23:05,730 --> 00:23:06,730 Bobby. 390 00:23:12,530 --> 00:23:13,530 He needed Scott. 391 00:23:19,470 --> 00:23:20,510 Can we get those records? 392 00:23:22,350 --> 00:23:23,350 Please. 393 00:23:28,970 --> 00:23:32,770 We live in a land of chemicals, and it's pretty out of control. 394 00:23:34,350 --> 00:23:39,430 There's an epidemic of autism in California. It's up over 200 % in the 395 00:23:39,430 --> 00:23:45,490 years. In New York, learning disabilities are up 55%. The likely 396 00:23:46,570 --> 00:23:47,570 Chemicals. 397 00:23:48,270 --> 00:23:51,670 And we can't expect the private industries to monitor themselves. 398 00:23:51,950 --> 00:23:56,750 The market is just too competitive, just like in everything else. If the wood 399 00:23:56,750 --> 00:24:01,230 manufacturers can make these play gyms and deck porches better, more 400 00:24:01,450 --> 00:24:02,450 they will. 401 00:24:02,790 --> 00:24:05,190 And they won't worry about the toxic side effects. 402 00:24:05,950 --> 00:24:08,410 And that's why we need the EPA. 403 00:24:08,970 --> 00:24:12,870 Just like as the airlines become more competitive and cut back on their 404 00:24:12,870 --> 00:24:16,670 mechanics to increase profits, we need the FAA to step in and protect us. 405 00:24:18,000 --> 00:24:22,960 So too do we need the EPA to fulfill its duty to the public. 406 00:24:23,180 --> 00:24:25,620 And the fact is, they're not. 407 00:24:26,220 --> 00:24:29,760 They've known for decades it could be dangerous. 408 00:24:30,320 --> 00:24:33,240 And they have done nothing. 409 00:24:34,540 --> 00:24:37,540 They are still doing nothing. 410 00:24:38,400 --> 00:24:39,400 Why? 411 00:24:40,840 --> 00:24:43,240 In part, because of politics. 412 00:24:45,000 --> 00:24:48,920 Campaign contributions from chemical companies and wood manufacturers have 413 00:24:48,920 --> 00:24:53,300 resulted in successful lobbying to get the EPA to back off. 414 00:24:53,600 --> 00:24:59,580 And children, like the Jamison kids, are getting severely hurt. The EPA throws 415 00:24:59,580 --> 00:25:03,560 its hands up and says, hey, you can't prove it. We don't know for sure. We 416 00:25:03,560 --> 00:25:05,320 have the data. Tests are incomplete. 417 00:25:05,740 --> 00:25:09,560 Well, why aren't they ordering those tests? Why aren't they demanding data? 418 00:25:10,360 --> 00:25:14,180 They've restricted the use of CCA around farm animals. 419 00:25:14,730 --> 00:25:15,730 But not around children. 420 00:25:17,490 --> 00:25:21,810 Is it because the farming industry has a lobby but children don't? 421 00:25:23,570 --> 00:25:24,930 What is going on? 422 00:25:25,770 --> 00:25:31,110 They've known for decades that there's arsenic in that wood. It gets out. It 423 00:25:31,110 --> 00:25:35,370 gets ingested. It gets inhaled. And they haven't done so much as to alert the 424 00:25:35,370 --> 00:25:36,690 public of the risk. 425 00:25:37,150 --> 00:25:38,810 And that's all it would have taken here. 426 00:25:39,770 --> 00:25:40,970 A simple warning. 427 00:25:41,640 --> 00:25:44,980 And the Jamesons never would have put that play gym in their backyard. 428 00:25:48,240 --> 00:25:50,860 You heard their star witness, Dr. Feldman. 429 00:25:51,380 --> 00:25:55,920 He said EPA decisions are made on a cost -benefit analysis. 430 00:25:57,580 --> 00:26:00,620 We need you to put a big price tag on their failures. 431 00:26:01,200 --> 00:26:06,000 We need you to make it cost -efficient for them to protect our children. 432 00:26:07,680 --> 00:26:08,820 One thing is clear. 433 00:26:10,510 --> 00:26:13,610 If you don't, they won't. 434 00:26:28,830 --> 00:26:30,930 She's right about one thing. 435 00:26:31,690 --> 00:26:34,930 We do live in an age of chemicals. 436 00:26:35,610 --> 00:26:38,490 Want to kill the mosquito with the Nile virus? 437 00:26:39,380 --> 00:26:43,100 Chemicals. Don't want to get botulism from your canned soup? 438 00:26:43,920 --> 00:26:45,480 Chemicals. Preservatives. 439 00:26:46,260 --> 00:26:52,200 And I suppose the EPA could demand proof that every one of those chemicals is 440 00:26:52,200 --> 00:26:57,360 completely safe before allowing their usage. And people would die of 441 00:26:57,360 --> 00:27:03,880 contaminants and viruses and bacteria. Many, many more people. Almost every 442 00:27:03,880 --> 00:27:08,200 consumer product poses some unproven health risk. 443 00:27:09,420 --> 00:27:11,460 Should the EPA ban them all? 444 00:27:11,840 --> 00:27:14,080 They studied CCA inward. 445 00:27:14,420 --> 00:27:19,180 The EPA appointed a special scientific advisory panel to look at this. Their 446 00:27:19,180 --> 00:27:22,500 recommendation back to the EPA was not to ban the substance. 447 00:27:23,260 --> 00:27:28,450 Now... The plaintiffs may not like those scientific findings. They may choose to 448 00:27:28,450 --> 00:27:33,510 disagree. But this notion that the EPA knew it was dangerous and chose to 449 00:27:33,510 --> 00:27:38,490 the risks under the influence of paid -off congressmen, that's as slanderous 450 00:27:38,490 --> 00:27:39,490 it is baseless. 451 00:27:40,030 --> 00:27:45,130 This is something they are studying. The EPA is a government agency doing its 452 00:27:45,130 --> 00:27:50,150 very best to keep up with this rapidly changing scientific landscape and the 453 00:27:50,150 --> 00:27:51,410 decisions it makes. 454 00:27:52,120 --> 00:27:56,900 They have to be made on what is known as opposed to what's not. 455 00:27:57,440 --> 00:28:03,720 And today, like yesterday, it has not been scientifically established that CCA 456 00:28:03,720 --> 00:28:08,380 causes the neurological defects the plaintiffs speak of. And even if it did, 457 00:28:08,560 --> 00:28:13,840 they have offered no medical evidence whatsoever that it did so in the case of 458 00:28:13,840 --> 00:28:18,340 the Jamison children. Their own doctor admitted she was speculating, she was 459 00:28:18,340 --> 00:28:20,240 guessing at what caused these injuries. 460 00:28:20,990 --> 00:28:26,730 As much as you may feel for these children, and you should feel, as should 461 00:28:26,730 --> 00:28:33,290 all, we have to admit that their entire case is based on pure speculation. 462 00:28:35,850 --> 00:28:36,970 And nothing more. 463 00:28:59,150 --> 00:29:00,310 You want me to sign this? 464 00:29:00,650 --> 00:29:01,930 It's what happened, Richard. 465 00:29:02,190 --> 00:29:05,930 An affidavit saying I coached a witness to lie? It doesn't say lie. 466 00:29:06,250 --> 00:29:07,250 That's the implication. 467 00:29:07,410 --> 00:29:11,450 Richard. What the hell's going on? We both know he lied. He made that stuff up 468 00:29:11,450 --> 00:29:15,910 about his sister being afraid. Helen, what are you trying to accomplish? He 469 00:29:15,910 --> 00:29:16,910 should get a new trial. 470 00:29:21,450 --> 00:29:22,610 I'm not signing this. 471 00:29:22,870 --> 00:29:24,690 Richard, we can't just let... You're not taking me down. 472 00:29:25,030 --> 00:29:28,250 You might have some professional death wish. I don't. 473 00:29:28,650 --> 00:29:31,430 And if you think that I'm going to let you go forward with... I was in the 474 00:29:31,490 --> 00:29:36,550 I heard what you told him. I told him what his testimony needed to accomplish. 475 00:29:36,550 --> 00:29:38,890 never said lie. But that is what he did. 476 00:29:39,190 --> 00:29:40,190 You don't know that. 477 00:29:40,590 --> 00:29:44,230 Maybe he lied, but neither of us know that. Maybe you can live with this 478 00:29:44,230 --> 00:29:45,390 conviction. I can't. 479 00:29:48,610 --> 00:29:50,050 Well, I'll fight John this, Helen. 480 00:29:51,230 --> 00:29:52,430 I'll fight you all the way. 481 00:29:55,710 --> 00:29:56,710 You know, Richard... 482 00:29:57,450 --> 00:30:02,330 It's one thing to be competitive. It is another to try and rack up convictions 483 00:30:02,330 --> 00:30:05,490 out of ambition with no regard for a man's innocence. 484 00:30:07,410 --> 00:30:10,150 I don't believe he's innocent. 485 00:30:12,190 --> 00:30:18,950 And if you go forward saying I coached a witness to lie, your career could be 486 00:30:18,950 --> 00:30:19,950 over. 487 00:30:20,990 --> 00:30:24,390 Our friendship definitely will be. 488 00:30:44,010 --> 00:30:46,850 I don't know if the jury liked your closing, Lindsay, but the defense was 489 00:30:46,850 --> 00:30:47,850 impressed. 490 00:30:48,250 --> 00:30:49,370 We have a new offer. 491 00:30:49,910 --> 00:30:50,910 What? 492 00:30:51,570 --> 00:30:53,930 $225 ,000 per child. 493 00:30:54,430 --> 00:30:57,730 That's $675 ,000, and they will write a check right now. 494 00:30:59,970 --> 00:31:02,550 That beats $20 ,000. 495 00:31:03,150 --> 00:31:04,210 It certainly does. 496 00:31:04,430 --> 00:31:05,530 Should we take it? 497 00:31:06,630 --> 00:31:09,610 Well, it's hard to turn that down. 498 00:31:10,010 --> 00:31:11,090 Could we get more? 499 00:31:11,670 --> 00:31:12,670 We could. 500 00:31:13,360 --> 00:31:14,600 We could also lose. 501 00:31:16,620 --> 00:31:18,140 I think we're going to get more. 502 00:31:18,860 --> 00:31:19,860 Why? 503 00:31:20,500 --> 00:31:21,500 I just do. 504 00:31:22,360 --> 00:31:24,520 This isn't the time to get greedy. 505 00:31:24,880 --> 00:31:26,580 It's not about greed, Mr. Berluti. 506 00:31:27,220 --> 00:31:31,400 Like Lindsay said, we want them to fix the problem. 507 00:31:32,800 --> 00:31:34,840 Angela has intuition about these things. 508 00:31:37,580 --> 00:31:38,580 Let's go to verdict. 509 00:31:39,240 --> 00:31:40,240 Are you sure? 510 00:31:42,230 --> 00:31:43,230 Are you? 511 00:31:44,690 --> 00:31:45,690 It's going to be more. 512 00:31:52,870 --> 00:31:54,130 It's right here. Depression. 513 00:31:54,470 --> 00:31:57,190 He wanted to prescribe antidepressants. She didn't want to take them. 514 00:31:57,450 --> 00:31:58,450 It's all right here. 515 00:31:58,490 --> 00:32:01,310 Lucy, see if we can get in to see Judge Wolfe this afternoon. This is new 516 00:32:01,310 --> 00:32:03,210 evidence. Eugene, call Helen Gamble. Tell him. 517 00:32:05,170 --> 00:32:06,590 Helen, we were just talking about you. 518 00:32:08,850 --> 00:32:11,090 We got new evidence on the Wallace case. 519 00:32:11,520 --> 00:32:12,520 Really? 520 00:32:12,900 --> 00:32:14,460 I've got some news on that myself. 521 00:32:15,140 --> 00:32:16,140 What? 522 00:32:16,360 --> 00:32:18,840 I'm convinced that Kyle Barrett lied on the stand. 523 00:32:20,940 --> 00:32:22,680 After being coached by the prosecution. 524 00:32:37,720 --> 00:32:39,900 Is it a good sign, them coming back so fast? 525 00:32:43,320 --> 00:32:44,320 No. 526 00:32:45,400 --> 00:32:47,500 Deliberations on damages would have been lengthy. 527 00:32:47,880 --> 00:32:52,520 If they find no liability, then damages will be moot. 528 00:32:55,060 --> 00:32:56,620 Can we still take their offer? 529 00:32:56,820 --> 00:32:57,820 I asked. 530 00:32:59,140 --> 00:33:00,140 They laughed. 531 00:33:04,020 --> 00:33:08,160 Madam foreperson, the jury has rendered its verdict. We have, Your Honor. 532 00:33:08,400 --> 00:33:11,920 What say you? In the matter of Stephen Jameson et al. 533 00:33:12,430 --> 00:33:17,870 versus the Environmental Protection Agency, we find in favor of the 534 00:33:17,870 --> 00:33:24,830 and order the defendant to pay damages in the amount of $72 million. 535 00:33:25,510 --> 00:33:28,290 Oh, my God. 536 00:33:51,180 --> 00:33:52,119 All right, settle down. 537 00:33:52,120 --> 00:33:53,300 This court is still in session. 538 00:33:53,600 --> 00:33:57,100 Your Honor, the defense moves to remit the award. We also move that the verdict 539 00:33:57,100 --> 00:33:58,100 be set aside. 540 00:33:58,520 --> 00:34:01,480 Opposed. I will see counsel in chambers immediately. 541 00:34:04,080 --> 00:34:05,080 What's going on? 542 00:34:05,480 --> 00:34:07,600 They're looking to strike the award as excessive. 543 00:34:07,980 --> 00:34:08,978 Can they do that? 544 00:34:08,980 --> 00:34:10,719 Well, $72 million is a lot. 545 00:34:10,940 --> 00:34:12,020 But that's what the jury found. 546 00:34:12,360 --> 00:34:15,040 Let us talk to the judge, and we'll see what's going on. Okay? 547 00:34:22,219 --> 00:34:25,739 The number alone tells you the jury was off base. The fact that they deliberated 548 00:34:25,739 --> 00:34:27,900 for an hour. Maybe it has something to do with the merit. 549 00:34:28,159 --> 00:34:29,159 All right. 550 00:34:30,020 --> 00:34:31,980 I'm granting defense's motion to remit. 551 00:34:32,699 --> 00:34:35,380 The knockdown number is 135 per child. 552 00:34:37,860 --> 00:34:38,860 What? 553 00:34:39,940 --> 00:34:44,920 You chopped it from 72 million to 400 ,000? That's less than they offered. 554 00:34:45,360 --> 00:34:49,239 I don't care. Your case was pure speculation, counsel. This isn't a 555 00:34:49,239 --> 00:34:52,020 law. You are substituting your judgment for theirs. 556 00:34:52,260 --> 00:34:55,820 Which I'm entitled to do when the verdict isn't supported by the facts. 557 00:34:56,080 --> 00:35:00,840 We have a right to a new trial. We do not have to eat your number. If you take 558 00:35:00,840 --> 00:35:03,200 new trial, you'll be right back before me, Ms. Frutt. 559 00:35:03,500 --> 00:35:06,360 And any number over 135, I'll remit again. 560 00:35:07,040 --> 00:35:10,580 If you're lucky to win next time, there's no guarantee the jury will be as 561 00:35:10,580 --> 00:35:11,580 stupid as this one. 562 00:35:11,760 --> 00:35:13,140 And if you do win... 563 00:35:13,450 --> 00:35:16,150 I might remit the next knockdown to 75 ,000. 564 00:35:17,570 --> 00:35:20,270 I strongly suggest that you accept this proposal. 565 00:35:22,250 --> 00:35:23,370 This isn't right. 566 00:35:24,210 --> 00:35:26,070 This isn't right. 567 00:35:26,990 --> 00:35:28,170 Meet with your client. 568 00:35:29,470 --> 00:35:31,750 Then notify my clerk of your acceptance. 569 00:35:40,110 --> 00:35:44,730 Given this newly discovered evidence concerning the victim's depression, 570 00:35:44,730 --> 00:35:49,370 with this revelation by the district attorney regarding the veracity of their 571 00:35:49,370 --> 00:35:54,790 lead witness, the interests of justice demand that the verdict be overturned. 572 00:35:54,790 --> 00:35:57,490 the alternative, the court should order a new trial. 573 00:35:57,730 --> 00:36:02,430 I take strong exception to the suggestion that I coached a witness to 574 00:36:03,050 --> 00:36:06,850 There's no evidence the witness did lie. Only opinion. Coming from Helen Gamble. 575 00:36:06,910 --> 00:36:10,690 Helen Gamble's opinion carries no legal relevance. I assure you she has no 576 00:36:10,690 --> 00:36:12,250 credibility within our own department. 577 00:36:12,570 --> 00:36:14,250 Why? Because she's honest? All right. 578 00:36:14,970 --> 00:36:19,290 Your Honor, this was not our lead witness. This was a witness. 579 00:36:19,550 --> 00:36:23,830 Who supplied motive? You challenged his truthfulness at trial. 580 00:36:24,070 --> 00:36:27,890 You have nothing new with which to challenge it here. As for the doctor's 581 00:36:27,890 --> 00:36:32,760 report... I spoke to Dr. White. He did not consider Karen Wallace to be 582 00:36:32,760 --> 00:36:37,640 suicidal. The prosecution portrayed her as optimistic. Which you also challenged 583 00:36:37,640 --> 00:36:40,600 at trial. Not with these medical reports we didn't. All right. 584 00:36:41,500 --> 00:36:45,940 Ms. Gamble brought her concerns regarding this witness to the court's 585 00:36:46,160 --> 00:36:51,960 As I told her, it is the jury's function to weigh Mr. Barrett's credibility, not 586 00:36:51,960 --> 00:36:54,900 hers. As I go through her affidavit... 587 00:36:55,980 --> 00:36:58,140 I don't think Mr. Bay crossed the line. 588 00:36:58,540 --> 00:37:03,380 Lawyers prepare witnesses all the time. I see no evidence that he solicited 589 00:37:03,380 --> 00:37:08,960 perjury. As for the doctor's report, I find that to be relevant. 590 00:37:09,780 --> 00:37:14,680 But I am not satisfied that it would have resulted in a different verdict. 591 00:37:15,420 --> 00:37:17,760 The conviction, therefore, stands. 592 00:37:18,620 --> 00:37:22,420 Defendant's motion for a new trial is denied, and we are adjourned. 593 00:37:41,320 --> 00:37:42,340 What happens now? 594 00:37:42,700 --> 00:37:45,720 We go to appeals, challenge them to legal rulings. 595 00:38:11,660 --> 00:38:12,660 I don't understand. 596 00:38:13,940 --> 00:38:18,520 The judge can cut back an award if he thinks it's too high. 597 00:38:19,060 --> 00:38:20,640 What's the point of a jury trial? 598 00:38:21,800 --> 00:38:23,660 We'd go through all that with a jury. 599 00:38:23,860 --> 00:38:26,440 Well, judges don't like to do it. 600 00:38:27,080 --> 00:38:29,420 With this guy, I'm not sure. 601 00:38:29,640 --> 00:38:33,340 So if we opt for a new trial, we'll get him again? 602 00:38:34,180 --> 00:38:36,700 That's what he's saying. And he's going to keep it on his docket. 603 00:38:43,080 --> 00:38:47,280 I think... I think we have to eat it at 135. 604 00:38:48,140 --> 00:38:51,260 If he keeps jurisdiction, he's told us that we can't do better. 605 00:38:51,680 --> 00:38:52,680 We could lose. 606 00:38:53,620 --> 00:38:55,000 This is so unfair. 607 00:38:57,080 --> 00:38:58,700 We should be able to get the money today. 608 00:39:08,000 --> 00:39:09,040 We got no choice. 609 00:39:12,230 --> 00:39:13,230 It isn't fair. 610 00:39:26,750 --> 00:39:28,290 You blindsided the department. 611 00:39:29,870 --> 00:39:30,870 Embarrassed it. 612 00:39:33,030 --> 00:39:35,250 I think it would be best if you submitted your resignation. 613 00:39:37,610 --> 00:39:39,030 You're not getting my resignation. 614 00:39:40,810 --> 00:39:46,970 And if you fire me over this, then just watch the media come at you. 615 00:39:48,030 --> 00:39:49,490 Why are you doing this, Helen? 616 00:39:49,830 --> 00:39:54,090 We all say better to let a guilty man go free than put an innocent one in jail. 617 00:39:54,670 --> 00:39:58,230 An innocent man is serving a life sentence, Kate. 618 00:40:00,190 --> 00:40:02,550 If this were Texas, he might already be dead. 619 00:40:03,390 --> 00:40:05,510 When suddenly did you become the jury? 620 00:40:05,830 --> 00:40:08,170 The jury doesn't know he passed a polygraph. 621 00:40:09,870 --> 00:40:13,370 The jury doesn't know a witness was coached, that he lied. 622 00:40:14,710 --> 00:40:16,830 The jury doesn't know a lot of stuff, Kate. 623 00:40:18,650 --> 00:40:19,650 I do. 624 00:40:21,670 --> 00:40:22,670 You're right, Helen. 625 00:40:23,830 --> 00:40:25,470 I can't retaliate over this. 626 00:40:27,970 --> 00:40:32,990 So I'm going to just go back to my office and wait for your next mistake. 627 00:40:34,230 --> 00:40:36,390 Every day, I'll just wait. 628 00:40:39,120 --> 00:40:40,300 Thanks for dropping by, Kate. 629 00:41:17,640 --> 00:41:18,640 Okay, look. 630 00:41:19,820 --> 00:41:22,520 We had a bad day. We'll have them again. 631 00:41:27,400 --> 00:41:29,540 We can't just sit here and brood. 632 00:41:33,840 --> 00:41:34,840 Beck's right. 633 00:41:35,000 --> 00:41:38,220 We gotta concentrate on picking up pieces now. 634 00:41:49,640 --> 00:41:53,040 That judge, I'm going to get him. 51076

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