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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:00,110 --> 00:00:01,670 Previously on The Practice. 2 00:00:01,870 --> 00:00:05,750 When we ask you, did your sister seem suicidal, a response of, I didn't think 3 00:00:05,750 --> 00:00:10,910 so, isn't going to do it. She was murdered. If you know it, she did not 4 00:00:10,910 --> 00:00:15,630 suicide. You absolutely know it. She said that if she turned up missing, that 5 00:00:15,630 --> 00:00:19,070 should call the police, because Scott probably did something to her. 6 00:00:19,710 --> 00:00:21,410 Objection! You want me to sign this? 7 00:00:21,870 --> 00:00:25,890 An affidavit saying I coached a witness to lie? He made that stuff up about his 8 00:00:25,890 --> 00:00:30,650 sister being afraid. Helen, I told him what his testimony needed to accomplish. 9 00:00:30,730 --> 00:00:35,950 I never said lie. I'm convinced that Kyle Barrett lied on the stand after 10 00:00:35,950 --> 00:00:36,990 coached by the prosecution. 11 00:00:37,550 --> 00:00:42,310 I don't think Mr. Bay crossed the line. I see no evidence that he solicited 12 00:00:42,310 --> 00:00:45,090 perjury. The conviction, therefore, stands. 13 00:00:47,690 --> 00:00:50,910 This thing was built to bring children joy and it's toxic. 14 00:00:51,150 --> 00:00:56,610 We have consistently found that it does not pose an unreasonable risk to either 15 00:00:56,610 --> 00:00:58,050 children or adults. 16 00:00:58,700 --> 00:01:03,280 I have a boy whose body convulses and a daughter who keeps falling down and a 17 00:01:03,280 --> 00:01:06,220 son who can't read and you people have known for 30 years. 18 00:01:06,640 --> 00:01:12,540 We signed in favor of the plaintiff and ordered the defendant to pay damages in 19 00:01:12,540 --> 00:01:14,580 the amount of $72 million. 20 00:01:15,340 --> 00:01:20,280 I'm granting defense's motion to remit. The knockdown number is $135 per child. 21 00:01:20,480 --> 00:01:21,500 That's less than they offered. 22 00:01:21,720 --> 00:01:25,080 I don't care. Your case was pure speculation, counsel. We have a right. 23 00:01:25,710 --> 00:01:29,330 To a new trial. If you take a new trial, you'll be right back before me, Ms. 24 00:01:29,430 --> 00:01:34,210 Frutt. And if you do win, I might remit the next knockdown to $75 ,000. 25 00:01:34,530 --> 00:01:35,530 I'm going to get him. 26 00:01:36,970 --> 00:01:40,530 That judge, I'm going to get him. 27 00:01:42,830 --> 00:01:43,609 That's something. 28 00:01:43,610 --> 00:01:46,250 You don't have to do that. Take it, take it. You pay me back when you get it. 29 00:01:46,710 --> 00:01:48,730 Listen, Jennifer, you're a smart girl. 30 00:01:49,330 --> 00:01:50,330 A good girl. 31 00:01:50,730 --> 00:01:51,830 I can judge character. 32 00:01:52,530 --> 00:01:53,530 Don't be doing this. 33 00:01:54,470 --> 00:01:55,470 Thank you. 34 00:01:55,810 --> 00:01:58,070 Go. Wipe that stuff off your face. 35 00:01:58,430 --> 00:01:59,590 I will pay you back. 36 00:01:59,930 --> 00:02:02,930 Well, in the meantime, get a paper out or something. 37 00:02:03,230 --> 00:02:04,230 Don't be doing this. 38 00:02:16,190 --> 00:02:18,010 Jimmy. You're having a kid? 39 00:02:18,590 --> 00:02:19,750 You didn't tell me that. 40 00:02:20,570 --> 00:02:21,990 I didn't want you to get mad. 41 00:02:22,520 --> 00:02:23,800 How could you still be doing drugs? 42 00:02:24,240 --> 00:02:26,120 It was just this one time. 43 00:02:27,620 --> 00:02:31,200 Billy left me. He left me like this. What about rehab? 44 00:02:31,920 --> 00:02:35,460 I called that number that you gave me, but they said that I couldn't interview 45 00:02:35,460 --> 00:02:36,560 for two weeks. 46 00:02:37,000 --> 00:02:38,600 And then I lost the number. 47 00:02:38,800 --> 00:02:40,040 How far along are you? 48 00:02:42,760 --> 00:02:43,760 Eight months. 49 00:02:55,210 --> 00:02:56,210 Can you get me out? 50 00:03:01,870 --> 00:03:02,870 Jimmy. 51 00:03:03,970 --> 00:03:09,090 You're smoking crack with an eight -month baby. It was just once, I swear. 52 00:03:09,110 --> 00:03:10,110 it wasn't. 53 00:03:10,430 --> 00:03:14,490 Jimmy, I'll do the rehab. I'll do anything that you want me to do. Please 54 00:03:14,490 --> 00:03:15,490 get me out. 55 00:03:17,170 --> 00:03:23,190 If I get you out, and I'm not saying I can, but if I do, you go into rehab 56 00:03:23,190 --> 00:03:24,190 immediately. 57 00:03:24,670 --> 00:03:25,950 Straight from the courthouse. 58 00:03:27,270 --> 00:03:28,270 I promise. 59 00:03:31,810 --> 00:03:32,950 Tell me about the arrest. 60 00:04:27,560 --> 00:04:28,720 Okay, everyone, let's get started. 61 00:04:29,080 --> 00:04:30,940 Did somebody make it official that you're in charge? 62 00:04:31,760 --> 00:04:32,820 Brain's beating in character. 63 00:04:33,180 --> 00:04:34,180 Don't knock it. 64 00:04:34,580 --> 00:04:36,080 Okay, let's go. Jimmy. 65 00:04:36,540 --> 00:04:38,660 Jennifer Cole, possession of crack cocaine. 66 00:04:39,000 --> 00:04:40,000 Again? 67 00:04:40,260 --> 00:04:41,700 I got a motion to kick at nine. 68 00:04:42,520 --> 00:04:43,540 She's eight months pregnant. 69 00:04:44,440 --> 00:04:46,560 What? And she's smoking crack? 70 00:04:46,900 --> 00:04:48,780 Believe me, I tore into her already. 71 00:04:49,080 --> 00:04:51,640 She better hope her baby doesn't die. She could be charged with murder. Did 72 00:04:51,640 --> 00:04:55,880 tell her that? I'm not positive I did, but I will. Thank you, Lindsay. She 73 00:04:55,880 --> 00:04:56,880 should be shot. 74 00:04:57,240 --> 00:04:57,839 All right. 75 00:04:57,840 --> 00:04:59,480 Beck, how's the research coming? 76 00:04:59,740 --> 00:05:03,060 Okay. Can you give me something a little more than okay? I'm seeing Scott 77 00:05:03,060 --> 00:05:04,060 Wallace later. 78 00:05:04,080 --> 00:05:05,080 Sure. 79 00:05:05,600 --> 00:05:09,380 We can argue reversible error when Judge Wolfe didn't have an evidentiary 80 00:05:09,380 --> 00:05:13,220 hearing on whether Richard Bay suborned perjury. Now, since we have Helen Gamble 81 00:05:13,220 --> 00:05:15,200 with us, I think that's our best shot. 82 00:05:15,580 --> 00:05:16,479 What else? 83 00:05:16,480 --> 00:05:19,120 Well, the neighbor's testimony that he heard lots of fights between Scott 84 00:05:19,120 --> 00:05:23,080 Wallace and his wife, prior bad conduct, inadmissible. We could argue reversible 85 00:05:23,080 --> 00:05:24,080 error there, too. 86 00:05:24,160 --> 00:05:25,160 All right. 87 00:05:25,540 --> 00:05:29,100 Lucy, keep dogging the clerk's office. Eleanor, jump in with Rebecca on the 88 00:05:29,100 --> 00:05:31,720 brief. I can't, actually. I'm a little jammed. 89 00:05:32,060 --> 00:05:33,380 Not on my calendar, you're not. 90 00:05:34,500 --> 00:05:38,040 I have an appointment with the chief judge of the district court today. 91 00:05:38,540 --> 00:05:39,540 About what? 92 00:05:39,840 --> 00:05:40,840 Judge Aldrich. 93 00:05:42,500 --> 00:05:43,500 I didn't know. 94 00:05:43,600 --> 00:05:47,140 I'm keeping you out of it. Eleanor, we can't afford to be alienating. One 95 00:05:47,140 --> 00:05:49,460 meeting, the appointment's made, I'm doing it. 96 00:05:49,960 --> 00:05:51,760 Aldrich is out of line, I'm not staying quiet. 97 00:05:52,520 --> 00:05:53,520 Forget it. 98 00:06:02,250 --> 00:06:04,710 I was observing 4323 South Holden Green. 99 00:06:05,150 --> 00:06:06,290 It's a known crack house. 100 00:06:07,150 --> 00:06:08,770 I witnessed Jennifer Cole exiting. 101 00:06:09,330 --> 00:06:13,110 She was stumbling and disoriented, her appearance consistent with being under 102 00:06:13,110 --> 00:06:14,110 the influence of drugs. 103 00:06:14,270 --> 00:06:15,270 What did you do? 104 00:06:15,310 --> 00:06:19,130 I exited my vehicle, approached the suspect, identified myself as a police 105 00:06:19,130 --> 00:06:21,030 officer, and then engaged her in conversation. 106 00:06:22,010 --> 00:06:24,130 Her behavior confirmed my suspicion that she was high. 107 00:06:24,850 --> 00:06:27,050 Could you describe that behavior? 108 00:06:27,370 --> 00:06:29,950 She was sweating and jittery and was slurring her speech. 109 00:06:30,310 --> 00:06:31,470 What did you do then, officer? 110 00:06:31,920 --> 00:06:35,780 I conducted a quick pat -down search for weapons, and I could plainly feel an 111 00:06:35,780 --> 00:06:36,920 object in her jacket pocket. 112 00:06:37,160 --> 00:06:40,260 It was immediately apparent to me that the object was a rock of crack cocaine. 113 00:06:40,680 --> 00:06:41,680 How did you know? 114 00:06:41,860 --> 00:06:44,000 Well, I received extensive training in recognizing crack. 115 00:06:44,500 --> 00:06:49,280 I felt a small object, asymmetrical, rough edges, a rock of crack. 116 00:06:49,780 --> 00:06:50,780 Then what? 117 00:06:51,080 --> 00:06:54,300 Then I reached inside the defendant's jacket and removed approximately 100 118 00:06:54,300 --> 00:06:58,080 milligrams of what was determined to be crack cocaine wrapped in paper. 119 00:06:59,060 --> 00:07:00,800 This rock of crack. 120 00:07:01,230 --> 00:07:02,230 How big was it? 121 00:07:02,330 --> 00:07:03,550 About a half an inch in diameter. 122 00:07:03,830 --> 00:07:06,450 So that's no bigger than what, an aspirin? 123 00:07:06,870 --> 00:07:07,870 About that size. 124 00:07:08,010 --> 00:07:11,670 And this tiny little thing was, as you put it, wrapped in paper? 125 00:07:11,950 --> 00:07:12,889 That's correct. 126 00:07:12,890 --> 00:07:16,250 In fact, it was inside a scrunched up brown paper bag, right? 127 00:07:16,690 --> 00:07:20,890 Yes. And the bag was inside a jacket, a big winter overcoat, in fact. 128 00:07:21,630 --> 00:07:22,730 I don't recall exactly. 129 00:07:23,310 --> 00:07:26,410 Officer, I'm showing you what's been admitted as people's free. 130 00:07:27,050 --> 00:07:28,650 This the jacket Ms. Coble's wearing? 131 00:07:29,050 --> 00:07:30,050 Looks like it, yeah. 132 00:07:30,480 --> 00:07:34,880 So, you do this one pat of Ms. Cole's body, through this thick down overcoat, 133 00:07:34,940 --> 00:07:39,200 and through this crumpled up paper bag, you feel this tiny little lump, and you 134 00:07:39,200 --> 00:07:40,620 immediately know it's crack cocaine. 135 00:07:41,000 --> 00:07:43,760 Yes. No way it was jewelry, candy. 136 00:07:44,120 --> 00:07:46,900 No. All this from just one pat? 137 00:07:47,580 --> 00:07:52,620 Yes. We receive comprehensive and extensive training. How many times have 138 00:07:52,620 --> 00:07:56,880 used these comprehensive and extensive training techniques to frisk suspects 139 00:07:56,880 --> 00:07:57,880 crack cocaine, officer? 140 00:07:58,410 --> 00:08:02,990 Probably ten times. And how many arrests resulted from these comprehensively 141 00:08:02,990 --> 00:08:04,070 trained pat -downs, officer? 142 00:08:07,050 --> 00:08:08,050 Two or three. 143 00:08:08,150 --> 00:08:10,950 So the other eight people you frisked were innocent? 144 00:08:16,030 --> 00:08:17,330 Nothing further, Your Honor. 145 00:08:18,470 --> 00:08:22,230 Ms. Alexander, the witness may step down. 146 00:08:22,590 --> 00:08:24,350 Did the Commonwealth have anything else? 147 00:08:25,190 --> 00:08:29,740 No. But I would like to remind the court that in addition to pat -downs being 148 00:08:29,740 --> 00:08:33,240 constitutionally permissible, this woman is eight months pregnant, and I would 149 00:08:33,240 --> 00:08:36,320 like to ask the court to seriously consider the consequences of... The 150 00:08:36,320 --> 00:08:38,539 against Ms. Cole are dismissed without prejudice. 151 00:08:39,360 --> 00:08:41,720 You bring me some new evidence, you can refile. 152 00:08:43,480 --> 00:08:44,820 Ms. Cole, you are free to go. 153 00:09:01,670 --> 00:09:04,390 I want to thank you, Your Honor, for being gracious enough to see me. Well, 154 00:09:04,470 --> 00:09:08,110 there was nothing gracious about it. You somehow got my home number and woke me 155 00:09:08,110 --> 00:09:09,110 from a deep sleep. 156 00:09:09,330 --> 00:09:11,150 I had no idea what I was saying yes to. 157 00:09:12,950 --> 00:09:14,750 We were basically blackmailed, Your Honor. 158 00:09:16,070 --> 00:09:20,050 Judge Aldrich told us to accept the knockdown number, Orel. 159 00:09:20,590 --> 00:09:24,610 And the Orel's being that he would order a new trial, keep the case, and steer 160 00:09:24,610 --> 00:09:25,610 us into defeat. 161 00:09:26,380 --> 00:09:29,460 You're talking about one of my most respected colleagues. 162 00:09:29,760 --> 00:09:32,000 Who committed gross abuse of discretion. 163 00:09:32,880 --> 00:09:35,980 What he did did not respect you, Your Honor, or the court. 164 00:09:36,300 --> 00:09:37,660 It was blackmail. 165 00:09:39,480 --> 00:09:41,360 You can substantiate this? 166 00:09:41,660 --> 00:09:45,620 Yeah. My co -counsel Lindsay Dole was present, as was opposing counsel. 167 00:09:46,120 --> 00:09:47,120 Duh. 168 00:09:49,080 --> 00:09:51,680 If you thought the judge was out of bounds, you should have asked the court 169 00:09:51,680 --> 00:09:54,780 reporter to step in. He never would have said that on the record. 170 00:09:55,230 --> 00:09:57,890 But you need a record in order for me to act, Miss Frutt. 171 00:09:58,690 --> 00:10:03,470 At minimum, you should have appealed the reduction. Instead, you agreed to the 172 00:10:03,470 --> 00:10:07,490 knockdown and you took the money. My clients took it under duress. Well, that 173 00:10:07,490 --> 00:10:08,490 was a big mistake. 174 00:10:08,950 --> 00:10:09,950 Then you made it. 175 00:10:11,270 --> 00:10:12,470 Maybe that's what's eating you. 176 00:10:12,690 --> 00:10:15,390 What's eating me is being blackmailed by a judge. 177 00:10:15,650 --> 00:10:17,210 What he did was corrupt. 178 00:10:17,650 --> 00:10:20,790 I don't see that on any appellate record. 179 00:10:24,650 --> 00:10:25,930 What would be my options? 180 00:10:27,750 --> 00:10:32,130 You could move for a new trial, request that Judge Aldrich recuse himself. 181 00:10:32,650 --> 00:10:35,790 But Judge Aldrich would be the one who would rule on those motions. 182 00:10:36,750 --> 00:10:37,750 Correct. 183 00:10:38,530 --> 00:10:39,970 Is there another option? 184 00:10:41,270 --> 00:10:44,950 You could file a motion with the Circuit Court of Appeals to have him removed 185 00:10:44,950 --> 00:10:45,950 for bias. 186 00:10:47,190 --> 00:10:48,190 That's what I want to do. 187 00:10:50,010 --> 00:10:51,790 It would be your word against his. 188 00:10:52,810 --> 00:10:56,510 And these judges would be federal circuit court judges. Do you understand? 189 00:10:57,390 --> 00:11:00,410 He doesn't just get a jury of his peers here. 190 00:11:01,330 --> 00:11:02,570 He gets his friends. 191 00:11:03,730 --> 00:11:04,830 That's what I want to do. 192 00:11:06,110 --> 00:11:09,230 I'd think long and hard about that, Miss Rudd. 193 00:11:10,250 --> 00:11:12,270 Well, now it sounds like you're threatening me. 194 00:11:12,550 --> 00:11:13,550 No. 195 00:11:14,190 --> 00:11:15,550 I'm giving you some advice. 196 00:11:28,599 --> 00:11:30,840 Richard, is this it? We're never talking again? 197 00:11:31,200 --> 00:11:32,900 There's nothing really to talk about, Helen. 198 00:11:33,100 --> 00:11:35,060 Aw, would you at least give me 20 seconds? 199 00:11:39,520 --> 00:11:43,540 Look, I know this goes against your fiber, but sometimes the people we 200 00:11:43,540 --> 00:11:44,900 with crimes are innocent. 201 00:11:45,420 --> 00:11:46,840 Scott Wallace is not innocent. 202 00:11:47,180 --> 00:11:48,880 My point being, I think he is. 203 00:11:49,160 --> 00:11:52,180 I also believe a witness lied after you coached him. 204 00:11:54,280 --> 00:11:57,240 Richard, we're officers of the court. It has to mean something. 205 00:11:58,060 --> 00:11:59,180 I understand that, Helen. 206 00:11:59,820 --> 00:12:01,900 I also understood you to be my friend. 207 00:12:02,600 --> 00:12:03,940 And you cut my legs out. 208 00:12:04,760 --> 00:12:07,520 You basically accused me in open court of being dishonest. 209 00:12:09,020 --> 00:12:10,540 Taking it a little too personally. 210 00:12:13,080 --> 00:12:14,420 Let me tell you something, Helen. 211 00:12:15,000 --> 00:12:16,340 I get called a lot of things. 212 00:12:16,720 --> 00:12:20,040 The defense attorneys call me the midget. The judges call me little 213 00:12:20,580 --> 00:12:21,720 I take a lot of abuse. 214 00:12:22,480 --> 00:12:26,820 But I get through it every day because I also have a reputation for being good 215 00:12:26,820 --> 00:12:27,820 at what I do. 216 00:12:27,980 --> 00:12:30,240 And I have a reputation for being an honest person. 217 00:12:31,040 --> 00:12:32,780 That reputation is dear to me. 218 00:12:33,100 --> 00:12:38,560 And when a colleague, a friend, stands up and obliterates that reputation, it's 219 00:12:38,560 --> 00:12:39,560 personal. 220 00:12:42,500 --> 00:12:43,500 Hello? 221 00:12:49,540 --> 00:12:53,000 Jimmy. Hey, I thought I could drive you to the hospital. 222 00:12:53,840 --> 00:12:55,560 Hospital? Rehab. 223 00:12:56,120 --> 00:12:58,420 I got you all set up. You can do it outpatient. 224 00:12:59,980 --> 00:13:04,920 Well, I was going to go see my aunt today. You can see her after, Jennifer. 225 00:13:05,480 --> 00:13:06,480 You promised. 226 00:13:08,680 --> 00:13:09,680 Okay. 227 00:13:12,040 --> 00:13:13,039 What's up? 228 00:13:13,040 --> 00:13:14,440 Mr. Belluti, please step aside. 229 00:13:14,680 --> 00:13:16,060 Jennifer Cole, you're under arrest. 230 00:13:16,320 --> 00:13:19,360 What? Arrest? Please put your hands behind your back. What the hell is going 231 00:13:19,380 --> 00:13:21,940 Susan? Distribution of a controlled substance to a minor. 232 00:13:22,640 --> 00:13:25,060 Distribution? Distribution of what? Don't say anything. What the hell are 233 00:13:25,060 --> 00:13:27,920 talking about? Distributing to who? The baby. My baby? 234 00:13:28,180 --> 00:13:29,660 You've got to be kidding. You're smoking crack for two now. 235 00:13:29,860 --> 00:13:31,720 What is she talking about? What are you doing? 236 00:13:31,940 --> 00:13:33,860 Jimmy. Jimmy. You have the right to remain silent. 237 00:13:34,240 --> 00:13:36,960 Anything you say can and will be used against you in a court of law. 238 00:13:37,220 --> 00:13:39,820 You have the right to talk to a lawyer and have him present with you while 239 00:13:39,820 --> 00:13:40,820 you're being questioned. 240 00:13:46,480 --> 00:13:50,340 Just calm down and hear me out. I won't hear you out. This is so ridiculous. 241 00:13:50,760 --> 00:13:54,340 There's never been a case made for distributing to a fetus, and you know 242 00:13:54,360 --> 00:13:56,000 Just because it's never been made before. 243 00:13:57,840 --> 00:14:02,620 She distributed cocaine to her baby through her bloodstream. I'll be moving 244 00:14:02,620 --> 00:14:06,720 sanctions on this, and I'll get them. How sure are you she won't use again, 245 00:14:06,720 --> 00:14:07,720 tomorrow? 246 00:14:09,480 --> 00:14:11,720 She has a viable baby. 247 00:14:12,380 --> 00:14:16,560 If she hasn't done any damage yet, she might the next time. I'm just looking to 248 00:14:16,560 --> 00:14:19,920 get her off the street until the child is born. I got her in rehab. 249 00:14:20,200 --> 00:14:23,440 Yeah, voluntary outpatient. Come on. You still can't arrest her. 250 00:14:23,740 --> 00:14:26,320 Technically, I can make the case. You're deluding yourself. 251 00:14:26,820 --> 00:14:29,920 There's no way you can win this, Susan. It could be blood to blood. You can't 252 00:14:29,920 --> 00:14:32,060 win. I can if you don't fight me. 253 00:14:38,580 --> 00:14:41,420 You're asking me to conspire with you to keep her in jail? 254 00:14:43,040 --> 00:14:46,580 One month until the baby is born. 255 00:14:51,640 --> 00:14:53,420 I know you care for this woman. 256 00:14:53,700 --> 00:14:58,620 I do, and I'm telling you, she'll go crazy inside. She needs help, not jail. 257 00:14:58,780 --> 00:15:00,880 This is the only way she's going to get help. 258 00:15:01,240 --> 00:15:05,560 If she walks, it'll be straight to the local crack house. We don't know that. 259 00:15:05,860 --> 00:15:07,380 Do you know what crack does to a baby? 260 00:15:08,400 --> 00:15:10,880 It cuts off the blood flow, oxygen, nutrients. 261 00:15:11,500 --> 00:15:13,320 Seizures, heart attacks, brain damage. 262 00:15:15,400 --> 00:15:16,580 Let's plead this out. 263 00:15:17,480 --> 00:15:19,600 Inpatient rehab, no jail. 264 00:15:23,160 --> 00:15:25,900 You're asking me to cop to a bogus charge. 265 00:15:26,380 --> 00:15:30,500 I'm asking you to consider you really have two clients here. 266 00:15:33,280 --> 00:15:37,600 Susan. If she gets out, she'll OD, miscarry, who knows what'll happen. She 267 00:15:37,600 --> 00:15:39,680 trusts you, and you can help her. 268 00:15:49,480 --> 00:15:50,660 It's a complete long shot. 269 00:15:50,880 --> 00:15:54,440 This is a very popular judge, and the other judges aren't likely to sanction 270 00:15:54,440 --> 00:15:58,600 him. And what about the settlement that we agreed to? Well, if we undo it, 271 00:15:58,620 --> 00:15:59,620 hopefully we can get you more. 272 00:15:59,840 --> 00:16:01,540 In defeat, you keep what you have. 273 00:16:01,980 --> 00:16:02,980 So what happens? 274 00:16:03,160 --> 00:16:05,500 Well, we have a hearing scheduled for tomorrow at 3 .30. 275 00:16:06,300 --> 00:16:07,300 There's nothing to lose. 276 00:16:08,400 --> 00:16:09,400 Okay. 277 00:16:09,900 --> 00:16:15,800 You filed a formal motion against Aldridge? 278 00:16:16,220 --> 00:16:20,040 What's the problem? The problem, Eleanor, is this is not something 279 00:16:20,660 --> 00:16:24,120 Why? Because the federal court is like a club as far as judges go. 280 00:16:24,460 --> 00:16:26,280 They have tenure. They stick together. 281 00:16:26,900 --> 00:16:30,540 And the only thing that will come out of this is this firm will be retaliated 282 00:16:30,540 --> 00:16:33,940 against. Oh, please. What can they do to us? What can they do to us? 283 00:16:34,360 --> 00:16:36,280 You just saw firsthand what they can do. 284 00:16:36,780 --> 00:16:40,600 They can cut damage awards, overturn verdicts, give lousy instructions, deny 285 00:16:40,600 --> 00:16:42,420 bail, cut fees. What can't they do? 286 00:16:43,340 --> 00:16:46,360 Not to mention they could put all their cases at the bottom of the docket and 287 00:16:46,360 --> 00:16:47,400 we'd never even get the trial. 288 00:16:48,360 --> 00:16:52,180 What you're doing here could hurt all our clients, at a minimum. 289 00:16:52,420 --> 00:16:54,500 This should have been the subject of a partnership meeting. 290 00:16:54,820 --> 00:16:57,640 Well, I've had bad experiences with partnership meetings. 291 00:16:58,300 --> 00:17:02,640 Snide isn't what I was looking for. Bobby, I have a plan, okay? I was hoping 292 00:17:02,640 --> 00:17:04,500 avoid the hearing against Aldrich. 293 00:17:04,700 --> 00:17:07,640 How? I have a meeting scheduled with the lawyers for the EPA. 294 00:17:07,880 --> 00:17:12,460 I think with just a threat of the knockdown number being thrown out, I can 295 00:17:12,460 --> 00:17:15,420 the number up a little. Somehow I don't believe this is about shipping up a 296 00:17:15,420 --> 00:17:16,420 number. 297 00:17:18,040 --> 00:17:19,839 I am only trying to help the client. 298 00:17:20,240 --> 00:17:22,619 This is not about vengeance. 299 00:17:25,560 --> 00:17:26,680 I don't understand. 300 00:17:27,400 --> 00:17:29,320 You plead guilty to distribution. 301 00:17:29,580 --> 00:17:31,960 They'll recommend straight probation for a year. 302 00:17:32,500 --> 00:17:36,840 Probation. So long as you get residential treatment. I hate those 303 00:17:37,020 --> 00:17:40,840 All those freaky junkies and weirdos. It'd be like poison for the baby. You 304 00:17:40,840 --> 00:17:41,739 help, Jennifer. 305 00:17:41,740 --> 00:17:42,740 You got an addiction. 306 00:17:43,080 --> 00:17:44,019 I do not. 307 00:17:44,020 --> 00:17:45,260 I can stop whenever. 308 00:17:45,640 --> 00:17:46,640 Then why haven't you? 309 00:17:47,040 --> 00:17:49,700 Eight months pregnant. Why the hell haven't you? 310 00:17:56,260 --> 00:17:57,740 I'll go to my aunt's house. 311 00:17:59,320 --> 00:18:01,460 There's this little room. It's like the perfect size. 312 00:18:02,760 --> 00:18:05,980 I got no curtains yet because they're either going to be blue or pink, you 313 00:18:06,520 --> 00:18:08,680 Jennifer. Rehab's no place for a baby. 314 00:18:09,860 --> 00:18:11,260 A baby should be at home. 315 00:18:15,920 --> 00:18:17,260 Please, Jimmy, what do I do? 316 00:18:24,400 --> 00:18:25,740 They got a case here. 317 00:18:26,500 --> 00:18:27,760 And they're real serious. 318 00:18:28,960 --> 00:18:31,020 I think you ought to take the play. 319 00:18:32,240 --> 00:18:33,700 It's the best thing for you. 320 00:18:35,460 --> 00:18:37,560 You really can't make it go away? 321 00:18:39,180 --> 00:18:40,180 No. 322 00:18:55,100 --> 00:18:56,100 How long? 323 00:18:56,460 --> 00:18:57,700 We're hoping next week. 324 00:18:57,940 --> 00:19:01,220 No, no, no. You gotta push it out, Bobby. I can't take this. 325 00:19:01,480 --> 00:19:03,680 I mean, they see me as some rich guy. 326 00:19:04,120 --> 00:19:07,580 I mean, I'm going to be meeting up with the end of a broomstick in here. 327 00:19:07,960 --> 00:19:13,160 Yeah, you got to get me out. Scott. I mean, minimum security, something, work 328 00:19:13,160 --> 00:19:15,100 release. Scott. Get me out! 329 00:19:24,800 --> 00:19:29,020 We're trying to push up the appeal as soon as possible, Scott. 330 00:19:31,080 --> 00:19:34,400 I'll get a new trial, right? I mean, the judge made all those mistakes. 331 00:19:35,140 --> 00:19:36,420 I've got to get a new trial. 332 00:19:37,780 --> 00:19:39,020 Give me a brand new trial. 333 00:19:40,540 --> 00:19:41,700 That's what we're hoping for. 334 00:19:42,740 --> 00:19:44,500 So you've got to hurry, Bonnie. 335 00:19:44,980 --> 00:19:49,280 I thought I was okay, but I'm feeling I'm... maybe I'm not. 336 00:20:01,320 --> 00:20:02,640 Do you expect us to laugh? 337 00:20:03,660 --> 00:20:05,380 No, I don't expect that, Mr. Myers. 338 00:20:06,420 --> 00:20:07,860 We have a hearing set up for tomorrow. 339 00:20:08,140 --> 00:20:11,860 These are your subpoena to appear as witnesses. If you refuse... And you 340 00:20:11,860 --> 00:20:15,240 if you call us as witnesses, we'll testify that Judge Aldrich was guilty of 341 00:20:15,240 --> 00:20:19,200 blackmail? I think if called as a witness, you will give truthful 342 00:20:19,480 --> 00:20:21,820 yes. And we all know what happened in that room. 343 00:20:22,140 --> 00:20:25,060 Ms. Frutt, I truly do admire your fortitude. 344 00:20:25,320 --> 00:20:28,380 But if you have any notion that we will compromise our client's interests... You 345 00:20:28,380 --> 00:20:29,840 wouldn't be lawyers in this proceeding. 346 00:20:30,540 --> 00:20:31,540 You'd be witnesses. 347 00:20:32,980 --> 00:20:33,980 You're insane. 348 00:20:35,080 --> 00:20:38,240 Look, we're not really here trying to secure you as witnesses. 349 00:20:38,580 --> 00:20:39,580 Why are you here? 350 00:20:40,500 --> 00:20:44,300 If we're successful at overturning Judge Aldridge, that $72 million verdict 351 00:20:44,300 --> 00:20:45,300 could be reinstated. 352 00:20:45,760 --> 00:20:47,280 You have to be concerned about that. 353 00:20:47,660 --> 00:20:48,579 We're not. 354 00:20:48,580 --> 00:20:51,940 Do you really want to risk it? The odds of that panel overturning Judge 355 00:20:51,940 --> 00:20:54,340 Aldridge... Do you want to risk it? 356 00:20:55,520 --> 00:20:56,520 $72 million. 357 00:20:58,120 --> 00:20:59,600 Why don't you get to the punchline? 358 00:21:00,300 --> 00:21:02,900 For $6 million, we'll drop the complaint against Aldrich. 359 00:21:03,300 --> 00:21:07,260 Once again, I must ask, do you expect us to laugh? 360 00:21:07,920 --> 00:21:10,200 You won't be laughing if the 72 comes back. 361 00:21:10,420 --> 00:21:11,440 I think we'll run that risk. 362 00:21:12,600 --> 00:21:13,600 Anything else? 363 00:21:17,300 --> 00:21:19,680 The hearing is scheduled for tomorrow at 3 .30. 364 00:21:20,120 --> 00:21:22,920 You've received your summons. Yes, in between now and then we'll be sure to go 365 00:21:22,920 --> 00:21:23,920 over our testimony. 366 00:21:25,780 --> 00:21:27,380 You really are an ass. 367 00:21:27,860 --> 00:21:28,860 You know that? 368 00:21:29,220 --> 00:21:30,220 Tell a friend. 369 00:21:37,740 --> 00:21:41,360 He's extremely erratic. He's going on and on about buying his way out of jail. 370 00:21:41,540 --> 00:21:42,740 Is he talking about Fiji again? 371 00:21:42,940 --> 00:21:46,220 No, but... I just got off with the clerk from the appellate court. They can hear 372 00:21:46,220 --> 00:21:47,220 you next Tuesday. 373 00:21:47,480 --> 00:21:49,880 Scheduled. Can you have the brief, Freddie? Yeah, it'll be done. 374 00:21:50,500 --> 00:21:51,500 What time's the hearing? 375 00:21:52,240 --> 00:21:53,019 3 .30. 376 00:21:53,020 --> 00:21:54,160 I'm gonna go see Aldrich now. 377 00:21:54,420 --> 00:21:55,420 What? Why? 378 00:21:55,680 --> 00:21:57,060 I'm gonna try the velvet glove first. 379 00:21:57,520 --> 00:22:00,100 You really think this guy's going to listen to you after you file a motion 380 00:22:00,100 --> 00:22:01,100 against him? 381 00:22:06,020 --> 00:22:10,820 Docket number 3542, Commonwealth versus Jennifer Cole. Susan Alexander for the 382 00:22:10,820 --> 00:22:13,800 Commonwealth, Your Honor. James Valuti for the defendant. Wave reading. We're 383 00:22:13,800 --> 00:22:15,780 entering a plea of guilty pursuant to an agreement. 384 00:22:16,080 --> 00:22:16,999 Let's hear it. 385 00:22:17,000 --> 00:22:18,840 One year in the House of Corrections. 386 00:22:19,320 --> 00:22:23,260 Suspended. One year probation as long as she enters the detox center today. 387 00:22:23,480 --> 00:22:27,220 Upon release, she immediately goes to a halfway house, then to a sober facility 388 00:22:27,220 --> 00:22:28,540 for the term of her probation. 389 00:22:28,920 --> 00:22:31,820 Just a second. This is the same offense as yesterday? 390 00:22:32,140 --> 00:22:34,060 No, Your Honor. This has nothing to do with the search. 391 00:22:34,280 --> 00:22:36,880 The defendant was seen by witnesses ingesting cocaine. 392 00:22:38,600 --> 00:22:40,460 The charge is distribution. 393 00:22:41,060 --> 00:22:43,160 She is in her eighth month of pregnancy. 394 00:22:43,400 --> 00:22:47,140 She ingested cocaine, distributing the drug to her unborn child. 395 00:22:48,170 --> 00:22:49,109 Come again? 396 00:22:49,110 --> 00:22:51,030 The distribution was to her fetus. 397 00:22:54,110 --> 00:22:56,030 What's going on? We're fine. Don't worry. 398 00:22:57,210 --> 00:22:58,210 Mr. Berluti. 399 00:22:58,530 --> 00:23:02,990 Yes, Your Honor. You have fully explained to your client the nature of 400 00:23:02,990 --> 00:23:06,170 charges? Yes, Your Honor. Miss Cole understands the charges against her. 401 00:23:06,890 --> 00:23:12,050 Miss Cole, did Mr. Berluti explain that it's extremely unorthodox for a pregnant 402 00:23:12,050 --> 00:23:13,710 woman to be charged with this crime? 403 00:23:15,590 --> 00:23:16,590 I don't know. 404 00:23:17,320 --> 00:23:19,000 He said I should take the plea. 405 00:23:19,700 --> 00:23:22,620 Did he say why? Your Honor, I am addressing the defendant. 406 00:23:23,000 --> 00:23:25,140 Did he say why you should take the plea? 407 00:23:25,620 --> 00:23:27,620 He said we probably wouldn't win this. 408 00:23:30,080 --> 00:23:33,800 Mr. Berluti, Ms. Alexander, Chambers. 409 00:23:36,200 --> 00:23:39,460 I have never seen this law enforced against pregnant women. 410 00:23:39,760 --> 00:23:42,720 That doesn't mean it can't be. I'm not sure you're right about that. 411 00:23:42,940 --> 00:23:44,360 But even if you are... 412 00:23:44,570 --> 00:23:47,730 I see no basis for a defense attorney to surrender. 413 00:23:48,610 --> 00:23:49,730 What did you two do? 414 00:23:50,470 --> 00:23:51,770 Decide on a punishment? 415 00:23:52,170 --> 00:23:55,190 Then flip through the general laws in search of a crime? 416 00:23:55,710 --> 00:23:59,110 I don't believe you have the right to change a plea agreement. 417 00:23:59,370 --> 00:24:02,610 I certainly have the right to reject one. On what grounds? 418 00:24:02,870 --> 00:24:08,030 Due process, unethical behavior, lack of legal basis, collusion. 419 00:24:08,630 --> 00:24:09,630 Take your pick. 420 00:24:11,910 --> 00:24:13,810 What's our role today, Mr. Berluti? 421 00:24:14,520 --> 00:24:16,140 Lawyer or mother? 422 00:24:16,880 --> 00:24:22,200 I advised my client. The fact that you may disagree with my advice does not 423 00:24:22,200 --> 00:24:27,140 me unethical. You took an oath to zealously represent your client's legal 424 00:24:27,140 --> 00:24:28,420 interests, counsel. 425 00:24:29,400 --> 00:24:32,060 Getting her into rehab doesn't qualify. 426 00:24:33,520 --> 00:24:39,280 Did you inform her that this case would likely not make... I told her I couldn't 427 00:24:39,280 --> 00:24:40,280 be sure. 428 00:24:42,340 --> 00:24:43,440 Mr. Berluti. 429 00:24:44,460 --> 00:24:48,920 You might as well answer my question, because next I will be asking her. Did 430 00:24:48,920 --> 00:24:53,200 your client, when agreeing to this plea, fully appreciate that she would 431 00:24:53,200 --> 00:24:57,100 probably not be convicted of the crime with which she was charged? 432 00:24:57,420 --> 00:25:02,760 My client is a crackhead. She can't even fully appreciate that she's killing her 433 00:25:02,760 --> 00:25:03,760 baby. 434 00:25:09,640 --> 00:25:10,940 The plea is rejected. 435 00:25:11,880 --> 00:25:14,040 I'm reporting both of you to the state bar. 436 00:25:14,260 --> 00:25:15,260 Get out. 437 00:25:15,280 --> 00:25:16,980 Ever see a cocaine baby, Your Honor? 438 00:25:19,260 --> 00:25:26,020 Mr. Berluni, you are an officer of the court who is one word away 439 00:25:26,020 --> 00:25:27,020 from contempt. 440 00:25:38,260 --> 00:25:40,100 We really don't want to go after you. 441 00:25:41,230 --> 00:25:42,390 I'm touched by that. 442 00:25:43,050 --> 00:25:45,970 Your Honor, we have great respect for both you and your position. 443 00:25:46,510 --> 00:25:49,010 But our feeling is you did cross a line here. 444 00:25:50,090 --> 00:25:51,730 Let me tell you something, Ms. Dole. 445 00:25:51,970 --> 00:25:54,630 I was at that trial every day. 446 00:25:55,350 --> 00:25:59,730 There was no case. You people should be laughing to get $400 ,000. 447 00:25:59,970 --> 00:26:04,190 But that's an evaluation of the merits, which is the jury's function. The jury 448 00:26:04,190 --> 00:26:05,190 blew it. 449 00:26:06,970 --> 00:26:07,970 Okay. 450 00:26:08,720 --> 00:26:11,560 but to go from 72 million to 400. 451 00:26:12,420 --> 00:26:16,740 If I could prevail upon you to revise the knockdown number, I could certainly 452 00:26:16,740 --> 00:26:18,860 prevail upon the client to pull back on their complaint. 453 00:26:19,180 --> 00:26:20,580 The client isn't pushing this. 454 00:26:22,560 --> 00:26:25,900 Eleanor Frutt is the driving force here. Don't you think I know that? Well, 455 00:26:26,000 --> 00:26:27,300 here's something she should know. 456 00:26:28,160 --> 00:26:29,760 I have life tenure. 457 00:26:30,260 --> 00:26:35,180 I will be here a long, long time with a vivid memory, and you people will not 458 00:26:35,180 --> 00:26:36,180 intimidate me. 459 00:26:36,330 --> 00:26:40,090 We're not looking to do that. Tell Miss Rutt I'm issuing a gag order in 460 00:26:40,090 --> 00:26:43,330 connection with this case. If she says one word to the press, she's in 461 00:26:44,170 --> 00:26:48,670 And if she snorts out a single negative utterance about me to anybody, I will 462 00:26:48,670 --> 00:26:52,290 refer her to the federal disciplinary panel for violating the court rules for 463 00:26:52,290 --> 00:26:53,290 disparaging a judge. 464 00:26:53,390 --> 00:26:55,770 If she wants a fight, she's got one. 465 00:26:56,570 --> 00:26:58,390 You go tell her that, Miss Dole. 466 00:27:10,730 --> 00:27:12,470 Did you have the Wallace file removed from my office? 467 00:27:12,730 --> 00:27:15,630 They're working on an appeal, Helen. Certainly you don't expect me handling 468 00:27:15,830 --> 00:27:17,010 Why didn't you just ask for the file? 469 00:27:17,370 --> 00:27:18,730 I couldn't presume your cooperation. 470 00:27:19,270 --> 00:27:22,570 For all I know, you might make copies of our work product and hand them to the 471 00:27:22,570 --> 00:27:23,570 defendant. 472 00:27:24,250 --> 00:27:28,530 Look, I think you know in your head what I did wasn't personal, and what you're 473 00:27:28,530 --> 00:27:29,530 doing now is. 474 00:27:30,250 --> 00:27:31,910 You act on your principles, Helen. 475 00:27:32,150 --> 00:27:33,210 I'll act on mine. 476 00:27:33,490 --> 00:27:35,990 My principle is justice, Richard. Yours is politics. 477 00:27:37,170 --> 00:27:38,170 Politics? 478 00:27:38,540 --> 00:27:39,960 I know what's going on, Richard. 479 00:27:40,180 --> 00:27:41,200 I still have ears. 480 00:27:42,060 --> 00:27:45,260 Suddenly I'm a pariah in the department and you're choosing to distance 481 00:27:45,260 --> 00:27:46,400 yourself. That's fine. 482 00:27:47,120 --> 00:27:51,360 Let's not forget, your career was hanging by a thread a few months ago and 483 00:27:51,360 --> 00:27:53,380 the one who stood with you and behind you. 484 00:27:54,140 --> 00:27:57,660 Now the idea that the association with me could be detrimental, you run. 485 00:27:59,420 --> 00:28:00,900 You're a hypocrite and a coward. 486 00:28:01,780 --> 00:28:03,200 Please do take that personally. 487 00:28:11,600 --> 00:28:16,660 So you lied to me. I didn't lie, but... I stand a good chance of getting this 488 00:28:16,660 --> 00:28:17,660 case dismissed. 489 00:28:18,480 --> 00:28:20,180 Yes. You lied to me. 490 00:28:21,340 --> 00:28:26,700 Jennifer, I'm just trying to keep you safe until the baby is born. 491 00:28:26,900 --> 00:28:29,000 You're still using for God's sake. 492 00:28:29,380 --> 00:28:30,580 So what happens now? 493 00:28:31,220 --> 00:28:34,980 We go back in before Judge Spindle this afternoon. She might bind you over for 494 00:28:34,980 --> 00:28:38,880 trial. She might kick the case, depending on how convincing the DA is. I 495 00:28:38,880 --> 00:28:39,880 another lawyer. 496 00:28:40,159 --> 00:28:42,620 If you want me to beat it, I'll try. I want another lawyer. 497 00:28:43,160 --> 00:28:44,260 Can't I get a public defender? 498 00:28:44,760 --> 00:28:48,120 I'm sure you could, but... Then that's what I want. You're fired, Jimmy. Please 499 00:28:48,120 --> 00:28:49,120 leave. 500 00:28:49,340 --> 00:28:50,420 Jennifer. You're fired. 501 00:28:56,040 --> 00:28:59,580 You're going to wind up dead or killing your baby. 502 00:29:03,700 --> 00:29:04,700 Guard. 503 00:29:25,260 --> 00:29:29,680 And he said if we opted for a new trial, he would probably remit the next award 504 00:29:29,680 --> 00:29:31,040 to $75 ,000. 505 00:29:31,340 --> 00:29:35,420 He was clearly threatening to punish us if we exercised our legal rights. 506 00:29:36,200 --> 00:29:40,380 Ms. Frutt, judges try to steer lawyers all the time. 507 00:29:40,660 --> 00:29:42,860 This was much more than steering. 508 00:29:43,600 --> 00:29:44,760 It was a threat. 509 00:29:45,420 --> 00:29:46,920 May I respond to that? 510 00:29:47,500 --> 00:29:48,500 Please do. 511 00:29:48,700 --> 00:29:53,120 If I was guilty of poor judgment, it was in allowing any award. 512 00:29:53,680 --> 00:29:55,640 For me, 75 was too high. 513 00:29:56,340 --> 00:30:00,280 But when you're sitting in front of sympathetic parents who've gone through 514 00:30:00,280 --> 00:30:05,620 ordeal of a long trial in the wake of a jury verdict, I didn't want them to walk 515 00:30:05,620 --> 00:30:06,620 away empty -handed. 516 00:30:07,140 --> 00:30:09,000 That's why I gave them the 135. 517 00:30:09,900 --> 00:30:14,160 I let Ms. Frutt know she shouldn't bank on my continued sense of charity. 518 00:30:15,560 --> 00:30:21,840 You chipped a $72 million award down to $400 ,000 out of a sense of charity? 519 00:30:22,440 --> 00:30:27,180 I allowed you to keep the 400 on a claim that was really worth nothing. 520 00:30:29,460 --> 00:30:33,200 We've certainly allowed murder charges to stand against people who caused the 521 00:30:33,200 --> 00:30:37,260 death of unborn viable fetuses. But those are third parties, not the mother. 522 00:30:37,620 --> 00:30:41,540 Moreover, for drug distribution, you have to establish a specific intent, and 523 00:30:41,540 --> 00:30:42,840 there's been no showing of that. 524 00:30:43,080 --> 00:30:46,800 Specific intent can be inferred. Are you suggesting she intended to poison the 525 00:30:46,800 --> 00:30:47,759 fetus with cocaine? 526 00:30:47,760 --> 00:30:50,940 All I'm suggesting is that if you commit an act that causes a result that is not 527 00:30:50,940 --> 00:30:55,560 only foreseeable, but in fact unavoidable, intent can be inferred. I'm 528 00:30:55,640 --> 00:30:58,660 Ms. Alexander, but I have to consider the legislative intent. 529 00:30:58,920 --> 00:31:03,100 And there is no evidence that the drug distribution laws were ever meant to 530 00:31:03,100 --> 00:31:05,460 apply to pregnant mothers under this fact pattern. 531 00:31:05,680 --> 00:31:07,640 There's no evidence to disprove the legislation. 532 00:31:08,000 --> 00:31:09,780 Ambiguity cuts in favor of the defendant. 533 00:31:10,880 --> 00:31:14,660 All I'm asking is that you bind her over. Let's just hold her. I can't do 534 00:31:15,980 --> 00:31:19,000 In the alternative, I'd like to continue this matter. Allow me to do further 535 00:31:19,000 --> 00:31:20,420 research. Denied. 536 00:31:20,780 --> 00:31:24,740 The charges against Ms. Cole are dismissed. This time I am doing so with 537 00:31:24,740 --> 00:31:27,340 prejudice. The defendant is free to go. 538 00:31:27,600 --> 00:31:28,760 We are adjourned. 539 00:31:43,880 --> 00:31:44,779 Go where? 540 00:31:44,780 --> 00:31:48,160 Rehab. Everything's set up. I'm not going anywhere with you, Jimmy. 541 00:31:48,380 --> 00:31:50,220 Jennifer, you have a problem. 542 00:31:51,020 --> 00:31:54,360 Whatever my problems are, I'm not about to come to you with them. 543 00:31:54,940 --> 00:31:55,940 Bye. 544 00:32:02,080 --> 00:32:06,020 You people hardly have an unblemished track record, Miss Frutt. In fact, I 545 00:32:06,020 --> 00:32:08,300 go so far as to say you have a penchant for deceit. 546 00:32:09,460 --> 00:32:11,840 Whatever you may think of our pensions. 547 00:32:12,430 --> 00:32:13,990 We have always played by the rule. 548 00:32:14,710 --> 00:32:15,810 He didn't. 549 00:32:16,210 --> 00:32:17,590 It was cowboy justice. 550 00:32:17,910 --> 00:32:22,670 I have to say, as I see the facts, most judges wouldn't have let this even go to 551 00:32:22,670 --> 00:32:25,610 trial. Your Honor, we were in that room. 552 00:32:26,010 --> 00:32:29,090 We heard what he said and the tenor of how he said it. 553 00:32:29,510 --> 00:32:30,770 It was blackmail. 554 00:32:31,310 --> 00:32:35,210 He took away our Seventh Amendment right to a jury trial, and then he threatened 555 00:32:35,210 --> 00:32:36,210 us if we dared appeal. 556 00:32:36,990 --> 00:32:38,930 That's not the way it's supposed to work. 557 00:32:39,670 --> 00:32:41,050 I know Judge Aldrich. 558 00:32:41,660 --> 00:32:43,420 I've known him for 20 years. 559 00:32:44,040 --> 00:32:48,160 I'd sooner take his word than that of a few criminal defense attorneys who 560 00:32:48,160 --> 00:32:50,220 moonlight with contingent fee cases. 561 00:32:50,440 --> 00:32:51,640 I object to that. 562 00:32:53,900 --> 00:32:55,660 Do you have anything else, counsel? 563 00:33:06,780 --> 00:33:07,780 Yes, Your Honor. 564 00:33:08,340 --> 00:33:10,460 I'd like to call Mitchell Kravitz. 565 00:33:12,560 --> 00:33:13,560 What are you doing? 566 00:33:13,920 --> 00:33:14,920 I have no idea. 567 00:33:15,120 --> 00:33:17,480 Mr. Kravitz, please come forward and be sworn in. 568 00:33:26,160 --> 00:33:27,200 Please raise your right hand. 569 00:33:28,200 --> 00:33:31,340 Do you swear to tell the truth, the whole truth, and nothing but the truth, 570 00:33:31,340 --> 00:33:32,179 help you God? 571 00:33:32,180 --> 00:33:33,179 I do. 572 00:33:33,180 --> 00:33:34,400 What are you going to ask him? 573 00:33:34,660 --> 00:33:35,660 I don't know. 574 00:33:36,160 --> 00:33:37,160 You ask him something. 575 00:33:37,600 --> 00:33:38,600 Okay, Ms. Sprott. 576 00:33:39,040 --> 00:33:40,420 You may question Mr. Kravitz. 577 00:33:44,139 --> 00:33:48,500 Sir, you were in Judge Aldrich's chambers the day in question for the 578 00:33:48,500 --> 00:33:52,740 transaction in question in your capacity as defense counsel for the 579 00:33:52,740 --> 00:33:54,140 Environmental Protection Agency. 580 00:33:54,400 --> 00:33:55,400 True? 581 00:33:56,020 --> 00:34:01,380 True. You've been sitting here listening to my version of what happened and to 582 00:34:01,380 --> 00:34:06,840 the one offered by Judge Aldrich. Do you have an opinion as to which version is 583 00:34:06,840 --> 00:34:07,840 more accurate? 584 00:34:08,719 --> 00:34:14,159 Given that I've participated in this transaction as an attorney, I don't feel 585 00:34:14,159 --> 00:34:16,980 it's appropriate for me to also bear witness on the events. 586 00:34:17,239 --> 00:34:19,719 We have had a judge bearing witness, sir. 587 00:34:20,260 --> 00:34:22,159 It's okay if you do so as well. 588 00:34:22,460 --> 00:34:24,719 Your Honor, I represent clients. 589 00:34:25,179 --> 00:34:28,699 I have a duty to those clients. This is a hearing about the conduct of the 590 00:34:28,699 --> 00:34:29,699 officers of the court. 591 00:34:29,940 --> 00:34:33,840 It does not concern the interests of clients. Certainly if it affects the 592 00:34:33,840 --> 00:34:37,460 interests of clients, I can't be compelled to testify. I want to know 593 00:34:37,460 --> 00:34:38,800 on in that room, sir. 594 00:34:39,520 --> 00:34:41,960 You heard Judge Aldrich a short time ago. 595 00:34:42,510 --> 00:34:45,489 We have all been listening ad nauseum to Ms. Frutt. 596 00:34:46,429 --> 00:34:50,590 Whose testimony today more accurately reflects what went on in that room? 597 00:34:55,050 --> 00:34:57,530 The court has asked you a question, Mr. Kravitz. 598 00:35:00,530 --> 00:35:02,930 I believe the truth lies somewhere in the middle. 599 00:35:04,690 --> 00:35:07,970 On whose side of the middle does the truth lie? 600 00:35:20,520 --> 00:35:21,520 Miss Fratz. 601 00:35:22,520 --> 00:35:23,600 Oh, my God. 602 00:35:27,600 --> 00:35:31,680 You believe Judge Aldrich was guilty of judicial misconduct? 603 00:35:33,460 --> 00:35:35,400 I ask you a question, counsel. 604 00:35:35,640 --> 00:35:40,140 Do you believe Judge Aldrich was guilty of judicial misconduct? 605 00:35:42,080 --> 00:35:44,280 I think he conducted a fair trial. 606 00:35:46,540 --> 00:35:53,230 But... What happened in his chambers after the verdict, while it wasn't 607 00:35:53,230 --> 00:35:58,870 blackmail, it was definitely coercion. 608 00:36:00,070 --> 00:36:01,790 May I respond to that? 609 00:36:02,470 --> 00:36:03,470 Go ahead. 610 00:36:04,270 --> 00:36:07,550 I strongly disagree with Mr. Kravitz's characterization. 611 00:36:08,430 --> 00:36:12,590 Let's remember he was in the throes of being smacked with a $72 million 612 00:36:12,590 --> 00:36:17,010 judgment. His career was probably flashing before his eyes. 613 00:36:17,390 --> 00:36:19,790 I resent that. I have the floor now, counsel. 614 00:36:22,010 --> 00:36:25,110 His powers of observation may have been on tilt. 615 00:36:25,330 --> 00:36:26,530 But surely not biased. 616 00:36:26,830 --> 00:36:29,090 Not against a judge ruling in his favor. 617 00:36:29,810 --> 00:36:36,290 Let me say also, a judge, every single day, exercises some coercion. 618 00:36:36,810 --> 00:36:41,050 Our dockets are jammed beyond repair with claims that have no real merit. 619 00:36:41,050 --> 00:36:42,150 was one such claim. 620 00:36:42,790 --> 00:36:45,750 We push, steer, bend. 621 00:36:46,750 --> 00:36:50,030 Influence and, yes, coerce. We do it every day. 622 00:36:50,570 --> 00:36:53,870 If we didn't, God help the mess, not to mention the injustice. 623 00:36:54,750 --> 00:36:56,750 The line is a gray one. 624 00:36:57,430 --> 00:37:00,150 I submit to you I did not cross it here. 625 00:37:01,090 --> 00:37:06,390 The facts underlying this case did not justify a $72 million verdict. 626 00:37:07,150 --> 00:37:10,110 I was there at the trial. I heard the evidence. 627 00:37:10,970 --> 00:37:12,590 This panel did not. 628 00:37:13,350 --> 00:37:15,210 There was no abuse of my discretion. 629 00:37:16,490 --> 00:37:18,710 The knockdown number was fair. 630 00:37:48,040 --> 00:37:50,060 The knockdown number is knocked out. 631 00:37:50,660 --> 00:37:53,520 The award of $72 million is reinstated. 632 00:37:53,840 --> 00:37:57,200 Defense is free to bring a new motion to remit once the case has been 633 00:37:57,200 --> 00:37:58,200 reassigned. 634 00:37:59,320 --> 00:38:00,560 We are adjourned. 635 00:38:17,710 --> 00:38:18,710 I'm afraid to celebrate. 636 00:38:19,270 --> 00:38:20,270 Very wise. 637 00:38:20,870 --> 00:38:22,670 The 72 will still get shot down. 638 00:38:23,190 --> 00:38:26,350 We're gonna do some research and come up with a number to try and settle. 639 00:38:27,050 --> 00:38:28,050 Okay. 640 00:38:29,150 --> 00:38:30,150 Wow. 641 00:38:56,400 --> 00:38:58,260 Jimmy. I shouldn't be talking to you. 642 00:38:58,660 --> 00:38:59,660 Doctor, patient. 643 00:38:59,760 --> 00:39:00,840 Yeah, yeah. 644 00:39:02,380 --> 00:39:03,700 Partial placental abruption. 645 00:39:04,060 --> 00:39:06,400 Placental lining started to come loose from the uterine wall. 646 00:39:07,240 --> 00:39:08,240 Coke? 647 00:39:08,600 --> 00:39:11,860 She started bleeding, had enough sense to call EMS, went into shock. 648 00:39:13,300 --> 00:39:14,279 The baby? 649 00:39:14,280 --> 00:39:15,198 We delivered. 650 00:39:15,200 --> 00:39:16,200 Little girl. 651 00:39:16,560 --> 00:39:17,700 Three and a half pounds. 652 00:39:19,440 --> 00:39:20,440 She all right? 653 00:39:21,020 --> 00:39:22,180 It's too early to tell. 654 00:39:22,730 --> 00:39:25,510 She lost oxygen because of the abruption. We're going to do a cranial 655 00:39:25,510 --> 00:39:26,770 ultrasound, check for a stroke. 656 00:39:27,210 --> 00:39:30,510 And there was cocaine in her body, some agitation, maybe withdrawal. 657 00:39:34,030 --> 00:39:35,770 We had to notify social services. 658 00:40:11,020 --> 00:40:12,020 Sorry, Jimmy. 659 00:40:13,280 --> 00:40:14,920 You just rest. 660 00:40:17,020 --> 00:40:18,600 They won't let me see her? 661 00:40:20,600 --> 00:40:21,600 Later. 662 00:40:28,200 --> 00:40:29,520 Is she okay? 663 00:40:31,020 --> 00:40:32,080 We don't know yet. 664 00:40:32,520 --> 00:40:33,920 The doctors are hoping. 665 00:40:41,480 --> 00:40:42,860 Take her away from me, won't they? 666 00:40:49,640 --> 00:40:51,640 It's too soon to know anything, Jennifer. 667 00:40:52,640 --> 00:40:54,320 Just try to get some rest. 668 00:40:58,260 --> 00:40:59,260 Don't let them take... 52305

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