All language subtitles for The Practice s05e02 Germ Warfare
Afrikaans
Akan
Albanian
Amharic
Arabic
Armenian
Azerbaijani
Basque
Belarusian
Bemba
Bengali
Bihari
Bosnian
Breton
Bulgarian
Cambodian
Catalan
Cebuano
Cherokee
Chichewa
Chinese (Simplified)
Chinese (Traditional)
Corsican
Croatian
Czech
Danish
Dutch
English
Esperanto
Estonian
Ewe
Faroese
Filipino
Finnish
French
Frisian
Ga
Galician
Georgian
German
Greek
Guarani
Gujarati
Haitian Creole
Hausa
Hawaiian
Hebrew
Hindi
Hmong
Hungarian
Icelandic
Igbo
Indonesian
Interlingua
Irish
Italian
Japanese
Javanese
Kannada
Kazakh
Kinyarwanda
Kirundi
Kongo
Korean
Krio (Sierra Leone)
Kurdish
Kurdish (SoranĂ®)
Kyrgyz
Laothian
Latin
Latvian
Lingala
Lithuanian
Lozi
Luganda
Luo
Luxembourgish
Macedonian
Malagasy
Malay
Malayalam
Maltese
Maori
Marathi
Mauritian Creole
Moldavian
Mongolian
Myanmar (Burmese)
Montenegrin
Nepali
Nigerian Pidgin
Northern Sotho
Norwegian
Norwegian (Nynorsk)
Occitan
Oriya
Oromo
Pashto
Persian
Polish
Portuguese (Brazil)
Portuguese (Portugal)
Punjabi
Quechua
Romanian
Romansh
Runyakitara
Russian
Samoan
Scots Gaelic
Serbian
Serbo-Croatian
Sesotho
Setswana
Seychellois Creole
Shona
Sindhi
Sinhalese
Slovak
Slovenian
Somali
Spanish
Spanish (Latin American)
Sundanese
Swahili
Swedish
Tajik
Tamil
Tatar
Telugu
Thai
Tigrinya
Tonga
Tshiluba
Tumbuka
Turkish
Turkmen
Twi
Uighur
Ukrainian
Urdu
Uzbek
Vietnamese
Welsh
Wolof
Xhosa
Yiddish
Yoruba
Zulu
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
Can't find what you're looking for?
Get subtitles in any language from opensubtitles.com, and translate them here.