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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:00,000 --> 00:00:01,540 Previously on The Practice. 2 00:00:02,240 --> 00:00:03,240 What happened? 3 00:00:03,460 --> 00:00:09,240 His name is James McNown. He's a business associate of Marsha's. The 4 00:00:09,240 --> 00:00:13,760 issued no statement as of yet, except to confirm that a fatal shooting did take 5 00:00:13,760 --> 00:00:15,340 place in the senator's home. 6 00:00:15,660 --> 00:00:17,400 Ballistics confirm it was his gun. 7 00:00:17,600 --> 00:00:19,280 Prints? Wiped clean. 8 00:00:19,600 --> 00:00:23,060 Interview everybody at her work. Somebody had to have seen the two 9 00:00:23,300 --> 00:00:25,180 I saw them in an office together. 10 00:00:25,460 --> 00:00:26,980 Mr. McNown and Mrs. Ellison. 11 00:00:27,260 --> 00:00:31,140 and it looked like something was going on between them. The likelihood is that 12 00:00:31,140 --> 00:00:35,300 they will be able to prove your wife's affair with the victim. With that, with 13 00:00:35,300 --> 00:00:38,820 your gun being the murder weapon, with you being at the scene, you'll be 14 00:00:38,820 --> 00:00:39,820 convicted, Senator. 15 00:00:39,840 --> 00:00:42,520 I'd like to make a public statement. It's a bad idea. 16 00:00:42,760 --> 00:00:47,580 I saw what appeared to be a struggle with a strange man on top of my wife. 17 00:00:47,780 --> 00:00:53,060 I shot a man who was committing adultery, not a man who was trying to 18 00:00:53,360 --> 00:00:56,080 Common sense tells me this goes away for manslaughter. 19 00:00:56,440 --> 00:00:59,820 That seems a little light. You jump at it, don't kid yourself, and so should 20 00:00:59,820 --> 00:01:04,920 you. It was mistaken self -defense. The prosecution knows they can't disprove 21 00:01:04,920 --> 00:01:07,520 that. That's why the manslaughter is being offered. 22 00:01:07,940 --> 00:01:08,980 We go to trial. 23 00:01:13,640 --> 00:01:16,940 If you didn't get your courtroom pass three weeks ago and without media 24 00:01:16,940 --> 00:01:20,860 credentials, you'd have to know somebody to get one. You won't be sitting in 25 00:01:20,860 --> 00:01:25,380 Division 3 in the Suffolk Superior Courthouse, not today or any day in the 26 00:01:25,380 --> 00:01:29,680 future. It's not just because it's a murder trial or that it involves a state 27 00:01:29,680 --> 00:01:33,440 senator or even that two of the opposing lawyers are roommates. 28 00:01:34,410 --> 00:01:38,490 It's because of that burning question this trial will attempt to answer. The 29 00:01:38,490 --> 00:01:42,770 question that this entire city has for two months now been asking on every 30 00:01:42,770 --> 00:01:45,750 street corner, in every bar room, at every dinner table. 31 00:01:46,010 --> 00:01:50,970 What was Senator Ellison really thinking when he fired that gun? Did he believe 32 00:01:50,970 --> 00:01:54,990 his wife's life was in danger or was the shooting an act of vengeance? 33 00:01:55,600 --> 00:01:59,800 The prosecution has vowed to put in a short case, the facts not really being 34 00:01:59,800 --> 00:02:04,340 dispute. Every legal analyst agrees the trial will come down to Senator 35 00:02:04,340 --> 00:02:08,660 Ellison's testimony and the cross -examination by Helen Gamble, which 36 00:02:08,660 --> 00:02:10,000 be extremely tough. 37 00:02:33,080 --> 00:02:34,960 Senator, does the Senator have a comment? 38 00:04:07,880 --> 00:04:10,960 This trial is not about who shot and killed James McNown. 39 00:04:11,940 --> 00:04:14,780 The defendant did that. There's no dispute there. 40 00:04:15,820 --> 00:04:19,000 This trial is about why he did it. 41 00:04:19,480 --> 00:04:24,520 Now, the evidence was so conclusively that the defendant discovered his wife 42 00:04:24,520 --> 00:04:29,540 making love to the victim and in an act of anger and revenge, murdered Mr. 43 00:04:29,560 --> 00:04:30,560 McNown. 44 00:04:30,760 --> 00:04:34,700 The evidence will show the defendant then sought to cover up his crime. 45 00:04:35,270 --> 00:04:40,190 That he either destroyed or tampered with evidence in an attempt to get away 46 00:04:40,190 --> 00:04:41,190 with this murder. 47 00:04:42,030 --> 00:04:44,170 There's an old saying in the medical profession. 48 00:04:45,410 --> 00:04:48,430 When you hear hoofbeats, don't think zebra. 49 00:04:49,510 --> 00:04:54,890 Now, this means instead of looking for some exotic, far -fetched diagnosis, 50 00:04:54,890 --> 00:04:56,130 see the obvious. 51 00:04:57,170 --> 00:05:01,530 In this trial, ladies and gentlemen, the Commonwealth will only be asking you to 52 00:05:01,530 --> 00:05:02,690 see the obvious. 53 00:05:04,170 --> 00:05:07,390 The defendant murdered the man sleeping with his wife. 54 00:05:20,710 --> 00:05:22,470 I agree with the district attorney. 55 00:05:22,970 --> 00:05:29,310 This trial is simply about why Senator Ellison fatally wounded the stranger in 56 00:05:29,310 --> 00:05:30,310 his house. 57 00:05:30,650 --> 00:05:32,310 To answer that question... 58 00:05:33,520 --> 00:05:36,220 You'll need to get into the head of Senator Ellison. 59 00:05:37,200 --> 00:05:42,780 You'll need to imagine coming home late at night and hearing the sounds of a 60 00:05:42,780 --> 00:05:44,440 struggle coming from your bedroom. 61 00:05:45,020 --> 00:05:50,960 You will need to fathom the panic knowing your spouse was home alone this 62 00:05:51,700 --> 00:05:55,980 You will have to appreciate the fear that can suddenly consume you at the 63 00:05:55,980 --> 00:06:00,740 thought, the thought that the person you love is being raped. 64 00:06:01,240 --> 00:06:03,540 or possibly killed in the next room. 65 00:06:04,320 --> 00:06:10,320 Can any of us truly presume to know what that must be like? Have any of us ever 66 00:06:10,320 --> 00:06:15,500 had to listen to the sounds of a husband or wife being attacked by an intruder? 67 00:06:16,860 --> 00:06:21,940 The evidence will show what happened that night is that Senator Ellison went 68 00:06:21,940 --> 00:06:28,220 racing into that room to protect the woman he loved, the mother of his 69 00:06:28,420 --> 00:06:35,190 Ellison. He charged in there with a gun in a state of panic, fear, horror to 70 00:06:35,190 --> 00:06:38,750 see an intruder on top of his wife and he fired. 71 00:06:40,890 --> 00:06:44,750 Turns out, he got it wrong. 72 00:06:46,090 --> 00:06:49,610 It was mistaken self -defense. 73 00:06:50,690 --> 00:06:53,450 That will be the evidence because it's the truth. 74 00:06:54,330 --> 00:06:59,000 And if you listen to the facts, the testimony, the witnesses. 75 00:06:59,380 --> 00:07:05,980 Remember, the prosecution's entire case, all of it, the reason we are even here 76 00:07:05,980 --> 00:07:12,540 is their presumption they know what was going on in Senator Ellison's 77 00:07:12,540 --> 00:07:13,540 mind. 78 00:07:14,080 --> 00:07:15,660 Of course that's impossible. 79 00:07:16,500 --> 00:07:18,280 Impossible for them to know. 80 00:07:19,520 --> 00:07:21,060 Impossible for you to know. 81 00:07:22,380 --> 00:07:26,720 All the Commonwealth can really do is ask you to imagine. 82 00:07:29,790 --> 00:07:33,110 And we will be making that very same request. 83 00:07:36,370 --> 00:07:37,370 Imagine. 84 00:07:51,830 --> 00:07:53,210 That's how he looked when we got there. 85 00:07:53,430 --> 00:07:55,150 Who else was there when you arrived, detective? 86 00:07:55,430 --> 00:07:56,430 The defendant. 87 00:07:56,800 --> 00:08:00,640 Mrs. Ellison, the daughter Allison, and the defendant's attorney, Ms. Frutt. The 88 00:08:00,640 --> 00:08:02,260 attorney was there before the police? 89 00:08:02,560 --> 00:08:03,359 That's correct. 90 00:08:03,360 --> 00:08:04,500 Who called the police? 91 00:08:04,780 --> 00:08:05,639 Ms. Frutt. 92 00:08:05,640 --> 00:08:08,540 Was there ever a 911 call placed from the residence? 93 00:08:08,880 --> 00:08:09,880 No, there was not. 94 00:08:10,140 --> 00:08:14,220 After you finally got there, at some point you decided to place the defendant 95 00:08:14,220 --> 00:08:15,380 under arrest for murder? 96 00:08:15,820 --> 00:08:16,820 Yes. Why? 97 00:08:16,900 --> 00:08:20,660 It was a single gunshot wound to the head from a fairly close range, 98 00:08:20,660 --> 00:08:22,020 an execution style... Objection? 99 00:08:22,380 --> 00:08:25,100 Sustained. The gun was found on the scene. 100 00:08:25,480 --> 00:08:26,600 It belonged to the defendant. 101 00:08:26,860 --> 00:08:28,020 Did you check it for fingerprints? 102 00:08:28,380 --> 00:08:30,000 It had been wiped clean of any fingerprints. 103 00:08:30,340 --> 00:08:34,260 Did you subsequently do any tests on the defendant to determine if he had held 104 00:08:34,260 --> 00:08:34,819 the gun? 105 00:08:34,820 --> 00:08:38,539 Yes. We did what is known as a trace metal test, which basically indicates 106 00:08:38,539 --> 00:08:40,820 whether or not a person has recently held a firearm. 107 00:08:41,059 --> 00:08:42,659 And what were the results of this test? 108 00:08:43,039 --> 00:08:44,039 They were negative. 109 00:08:44,059 --> 00:08:49,900 Well, now I'm confused, because the defendant subsequently admitted that he 110 00:08:49,900 --> 00:08:50,900 held and fired the gun. 111 00:08:51,040 --> 00:08:54,580 We believe that he either wiped the residue off or he was wearing gloves. 112 00:08:55,280 --> 00:08:59,500 So before he ran to get the gun, he first ran to go put on a pair of gloves. 113 00:08:59,740 --> 00:09:00,960 Objection. Speculation. 114 00:09:01,520 --> 00:09:03,560 Overruled. He can state his opinion. 115 00:09:04,100 --> 00:09:08,060 We think he was going to hide his ID as the shooter, then change his mind and 116 00:09:08,060 --> 00:09:09,060 went to self -defense. 117 00:09:09,360 --> 00:09:11,960 When you arrived, detective, how was the defendant dressed? 118 00:09:12,420 --> 00:09:14,780 He was showered, wearing freshly laundered clothes. 119 00:09:14,980 --> 00:09:17,620 The clothes he had previously been seen in were in the washing machine. 120 00:09:17,840 --> 00:09:18,840 The washing machine. 121 00:09:19,260 --> 00:09:20,660 Was that on when you arrived? 122 00:09:20,960 --> 00:09:23,860 No, but judging from the heat on the surface of the machine... 123 00:09:24,160 --> 00:09:26,560 We determined that it had been on within the previous 40 minutes. 124 00:09:26,800 --> 00:09:31,060 So, after the shooting, the defendant did a load of laundry. 125 00:09:31,860 --> 00:09:32,860 Seems so. 126 00:09:33,620 --> 00:09:37,300 After a shooting at this range, it's likely there would be some blood 127 00:09:37,300 --> 00:09:38,960 on Senator Ellison. Isn't that right, Detective? 128 00:09:39,360 --> 00:09:43,860 Yes. Isn't it also likely, Detective, that a person might not want to stand 129 00:09:43,860 --> 00:09:44,980 around in bloody clothes? 130 00:09:45,500 --> 00:09:49,200 That's possible. And if one were to take off bloody clothes, what would one 131 00:09:49,200 --> 00:09:50,200 likely do with them? 132 00:09:50,430 --> 00:09:51,730 Fold him up, put him back in the drawer. 133 00:09:52,230 --> 00:09:55,750 Objection. Withdrawn. It's your testimony, detective, that because my 134 00:09:55,750 --> 00:09:58,710 washed his clothes, that made him suspicious. 135 00:09:59,150 --> 00:10:02,430 Yes. It's one thing to... You answered the question. Thank you. You also 136 00:10:02,430 --> 00:10:05,350 testified that he'd taken a shower. Which I also found suspicious. 137 00:10:05,750 --> 00:10:09,590 Preposterous to think that a person splattered with blood might want to wash 138 00:10:09,590 --> 00:10:13,350 himself? I found it a little preposterous that he would shower and do 139 00:10:13,350 --> 00:10:14,950 before even calling the police, yes. 140 00:10:15,270 --> 00:10:18,510 Oh, you know he did those things before Ms. Frutt called the police? I know he 141 00:10:18,510 --> 00:10:19,510 did them before we arrived. 142 00:10:19,790 --> 00:10:21,130 That wasn't your statement, detective. 143 00:10:21,810 --> 00:10:24,630 Your conclusion was he did them before you were called. 144 00:10:24,910 --> 00:10:27,030 Can you state that to a conclusion, detective? 145 00:10:27,530 --> 00:10:30,690 No. So this was a conclusion you just leapt to. 146 00:10:31,010 --> 00:10:34,950 No, you just took the evidence found and made it fit with your theory. 147 00:10:35,150 --> 00:10:36,210 Objection, argumentative. 148 00:10:36,850 --> 00:10:40,110 Sustained. Ever known it to be the case, Detective, where one holds the gun, 149 00:10:40,230 --> 00:10:43,190 shoots it even, and the trace metal test comes up negative? 150 00:10:43,450 --> 00:10:44,429 Very unlikely. 151 00:10:44,430 --> 00:10:46,290 Ever known it to happen, Detective? 152 00:10:46,950 --> 00:10:51,910 Yes. And if one were to take a shower, Detective, would that make it more or 153 00:10:51,910 --> 00:10:54,950 less likely for the trace metal test to come up negative? 154 00:10:55,510 --> 00:10:59,210 Washing the hands doesn't necessarily... My question, Detective, is would 155 00:10:59,210 --> 00:11:03,930 showering make it more or less likely for the trace metal test to come up 156 00:11:03,930 --> 00:11:04,930 negative? 157 00:11:05,550 --> 00:11:11,610 I would say more likely, but... So it's likely my client didn't wear gloves like 158 00:11:11,610 --> 00:11:12,610 you think. 159 00:11:13,530 --> 00:11:14,530 That's possible. 160 00:11:15,050 --> 00:11:16,050 Thank you, detective. 161 00:11:19,230 --> 00:11:20,530 I thought you crossed him well. 162 00:11:20,870 --> 00:11:22,750 We've still got to deal with no fingerprints. 163 00:11:23,070 --> 00:11:26,010 Why the gun was wiped clean. Marcia covers that in her testimony. 164 00:11:26,270 --> 00:11:28,270 That was a weak opening for the prosecution. 165 00:11:28,510 --> 00:11:29,670 I'm surprised they led with that. 166 00:11:29,890 --> 00:11:30,829 What else have they got? 167 00:11:30,830 --> 00:11:31,769 Who's next? 168 00:11:31,770 --> 00:11:33,930 Jason Perlmutter, woman agent and senator. 169 00:11:34,320 --> 00:11:35,320 I'm ready for him. 170 00:11:35,940 --> 00:11:37,060 What did the consultant say? 171 00:11:37,500 --> 00:11:40,940 McGuire did come off credible, and phoning the lawyers before calling the 172 00:11:40,940 --> 00:11:41,940 didn't go over well. 173 00:11:42,780 --> 00:11:44,100 They thought you were a little aggressive. 174 00:11:46,060 --> 00:11:47,060 What else? 175 00:11:47,160 --> 00:11:50,060 That's basically it. They thought you did a good job poking holes, but McGuire 176 00:11:50,060 --> 00:11:52,220 still seemed reasonable, and ultimately they believed him. 177 00:11:53,600 --> 00:11:54,980 You've got to take care of Perlmutter. 178 00:11:58,569 --> 00:12:01,690 Something was bothering him the whole week. The week before the shooting? 179 00:12:01,910 --> 00:12:07,350 Yes. Senator Ellison is typically a very affable person and rather easygoing for 180 00:12:07,350 --> 00:12:09,430 somebody with a stress of his kind of work. 181 00:12:09,690 --> 00:12:12,710 But in the days before the shooting, something was troubling him. 182 00:12:12,970 --> 00:12:17,550 How are you in a position to notice all this, Mr. Perlmutter? I was his aide. I 183 00:12:17,550 --> 00:12:19,150 was typically with him 12 hours a day. 184 00:12:19,410 --> 00:12:20,430 Did you ask him what was wrong? 185 00:12:20,790 --> 00:12:23,030 Objection, hearsay. Declaration against interest. 186 00:12:23,650 --> 00:12:25,830 I'll allow it. Did you ask him, sir? 187 00:12:26,220 --> 00:12:29,840 Yes, he indicated it was stuff at home. And you took that to mean? 188 00:12:30,180 --> 00:12:31,200 Problems with his marriage. 189 00:12:31,460 --> 00:12:32,980 How did you come to take it that way? 190 00:12:33,300 --> 00:12:36,780 Well, he would indicate that he and his wife would go through bouts of 191 00:12:36,780 --> 00:12:41,340 estrangement, and after working for him for 11 years, I developed a pretty good 192 00:12:41,340 --> 00:12:43,880 barometer for detecting when things weren't going well. 193 00:12:44,080 --> 00:12:47,860 And the days before the shooting, this was one of those times, in your opinion? 194 00:12:48,500 --> 00:12:49,500 Yes. 195 00:12:51,980 --> 00:12:53,120 Are you a psychologist? 196 00:12:53,740 --> 00:12:57,740 No. Did Senator Ellison tell you he was having troubles with his wife? 197 00:12:57,980 --> 00:12:59,240 No, not specifically. 198 00:12:59,520 --> 00:13:01,040 But you have a barometer. 199 00:13:01,300 --> 00:13:03,340 He said, stuff at home. 200 00:13:03,600 --> 00:13:06,120 And you just took that to mean problems with the wife? 201 00:13:06,360 --> 00:13:10,380 I had also seen them together many times, Ms. Frutt, and witnessed the 202 00:13:10,380 --> 00:13:14,420 estrangement. He has a daughter, Allison. Did you know that? Of course. 203 00:13:14,420 --> 00:13:17,120 know that she was arrested for possession of marijuana last year? 204 00:13:18,900 --> 00:13:23,060 No. So, stuff at home goes on that you don't know about. Isn't that right, Mr. 205 00:13:23,180 --> 00:13:26,620 Perlmutter? I never laid claim to knowing everything that goes on in his 206 00:13:26,620 --> 00:13:31,060 household. Of course not. So when Senator Ellison said stuff at home, you 207 00:13:31,060 --> 00:13:33,860 only guessing that it involved his wife, weren't you, sir? 208 00:13:34,180 --> 00:13:38,360 Again, after 11 years of working with the man. You've got that barometer. 209 00:13:38,580 --> 00:13:39,800 Objection. Sustained. 210 00:13:43,480 --> 00:13:44,480 Nothing further. 211 00:13:46,880 --> 00:13:47,880 You're in some trouble. 212 00:13:48,360 --> 00:13:52,600 Why? Well, you're asking them to believe he shot a man by mistake who just 213 00:13:52,600 --> 00:13:55,900 happened to be sleeping with his wife at the time. Which is what happened. Maybe 214 00:13:55,900 --> 00:13:59,480 so, but for the jury to believe it, everything has to be going our way. 215 00:14:00,100 --> 00:14:03,880 With the suggestion of marital troubles, it makes it a little hard to believe 216 00:14:03,880 --> 00:14:06,060 that Keith didn't have some inkling of what was going on. 217 00:14:06,460 --> 00:14:07,740 Is that what the consultants think? 218 00:14:07,940 --> 00:14:08,940 It's what I think. 219 00:14:09,320 --> 00:14:10,320 Who's up next? 220 00:14:10,780 --> 00:14:11,780 Candace Levy. 221 00:14:11,840 --> 00:14:15,740 She's just to help establish the affair, which since nobody's arguing, I don't 222 00:14:15,740 --> 00:14:17,320 know why they're still bothering to call her. 223 00:14:17,580 --> 00:14:18,880 They're calling her to set the idea. 224 00:14:19,140 --> 00:14:22,440 The more people who knew about it, the more likely the senator knew about it. 225 00:14:22,680 --> 00:14:26,200 Well, there's nothing she can say that will really hurt us. And besides, she's 226 00:14:26,200 --> 00:14:29,600 the only one who seemed to know about it. Who's after that? They still might 227 00:14:29,600 --> 00:14:31,240 call Allison to establish a time frame. 228 00:14:31,520 --> 00:14:34,440 It's not going to give them any help. They won't dare call her. 229 00:14:39,220 --> 00:14:41,140 It might be worth calling her. 230 00:14:41,550 --> 00:14:45,470 Why? Well, it was so obvious before that she was lying to protect her father. If 231 00:14:45,470 --> 00:14:48,370 it's that obvious to a jury, it's got to work in our favor. 232 00:14:48,870 --> 00:14:51,710 All we've got to do is catch him in one lie, even if it's the daughter. 233 00:14:52,230 --> 00:14:55,710 Now, Helen, they're planning to call her. That means they prepped her for 234 00:14:56,370 --> 00:14:57,370 It's too dangerous. 235 00:14:58,210 --> 00:14:59,790 Are you ready with Levy? Yes. 236 00:15:02,030 --> 00:15:04,990 You hear what they're calling us on the news? The steam team? 237 00:15:05,490 --> 00:15:06,490 Why's that? 238 00:15:06,570 --> 00:15:13,390 I don't know. Maybe because they think I'm hot and steamy, and you, because 239 00:15:13,390 --> 00:15:14,450 you're sitting next to me. 240 00:15:16,110 --> 00:15:17,110 Must be it. 241 00:15:18,690 --> 00:15:21,050 You like being on the news, huh? 242 00:15:21,450 --> 00:15:26,410 If it gets me noticed by some rich admirer who whisks me off to Fiji to 243 00:15:26,410 --> 00:15:29,210 caviar off my thighs, I can't beat that. 244 00:15:30,310 --> 00:15:33,570 You ever notice how in a big trial, any place far off seems pretty good? 245 00:15:37,040 --> 00:15:38,040 Think we'll get him? 246 00:15:38,660 --> 00:15:39,660 I hope so. 247 00:15:41,040 --> 00:15:43,340 I keep hearing that press conference in my head. 248 00:15:44,960 --> 00:15:46,000 The man is good. 249 00:15:54,420 --> 00:15:58,940 All in all, it wasn't a terribly powerful day for the prosecution, but 250 00:15:58,940 --> 00:16:03,620 consensus is it didn't need to be. Though technically the burden is on the 251 00:16:03,620 --> 00:16:08,960 state. Most experts feel that burden has really shifted to the defense in this 252 00:16:08,960 --> 00:16:11,180 case. I'm getting a bad feeling, Bobby. 253 00:16:11,460 --> 00:16:12,920 Anything on the table? No. 254 00:16:13,240 --> 00:16:15,640 We haven't even put in our case yet. Our case? 255 00:16:16,420 --> 00:16:20,060 Well, a big part of it is Marsha's unflinching support, which isn't so 256 00:16:20,400 --> 00:16:22,000 She'll say what she needs to say. 257 00:16:23,360 --> 00:16:24,660 I got a bad feeling. 258 00:16:28,920 --> 00:16:33,720 It was an office party in honor of one of the vice presidents who was retiring. 259 00:16:34,510 --> 00:16:38,030 Mr. McNown was there. So was Mr. Ellison with his wife. 260 00:16:38,490 --> 00:16:40,050 What's your position, Miss Levy? 261 00:16:40,430 --> 00:16:41,550 I'm the head of accounting. 262 00:16:41,950 --> 00:16:43,630 And who was your direct superior? 263 00:16:44,130 --> 00:16:47,250 It was Mr. McNown. He was chief financial officer. 264 00:16:47,590 --> 00:16:48,930 Did you know Mrs. Ellison? 265 00:16:49,130 --> 00:16:52,770 Yes. She also works at Reynolds. I never dealt directly with her. 266 00:16:53,030 --> 00:16:57,270 Miss Levy, calling your attention to the night of the office party in July, did 267 00:16:57,270 --> 00:17:00,870 you have occasion to observe either Mr. McNown or Mrs. Ellison? 268 00:17:01,280 --> 00:17:06,079 Yes. I observed them both when they sort of darted into his office. They darted? 269 00:17:06,220 --> 00:17:08,420 Well, they went in rather quickly. 270 00:17:08,760 --> 00:17:09,760 What did you see next? 271 00:17:10,180 --> 00:17:15,599 Well, I didn't exactly see anything, but I'm ashamed to admit I did little 272 00:17:15,599 --> 00:17:16,940 eavesdropping by the door. 273 00:17:17,260 --> 00:17:19,420 Any particular reason you would do that? 274 00:17:19,760 --> 00:17:22,940 Well, I suspected there was something going on between them. 275 00:17:23,160 --> 00:17:27,359 Why? Just body language when they interacted. I could tell. 276 00:17:28,159 --> 00:17:31,640 Now, while you were doing your eavesdropping by the door, what, if 277 00:17:31,640 --> 00:17:32,219 you hear? 278 00:17:32,220 --> 00:17:34,500 Not too much, because the party was rather loud. 279 00:17:34,820 --> 00:17:39,600 But I could hear she was angry, and I heard her say, It has to stop. 280 00:17:39,980 --> 00:17:41,340 And she sounded angry. 281 00:17:41,660 --> 00:17:43,020 Did you hear anything else? 282 00:17:43,420 --> 00:17:44,760 No, that was all I heard. 283 00:17:45,020 --> 00:17:48,740 A few seconds later, she kind of huffed out, and I looked in. 284 00:17:49,120 --> 00:17:51,340 He seemed very upset. 285 00:17:51,740 --> 00:17:56,380 Miss Levy, did you ever have the opportunity to hear any conversation 286 00:17:56,380 --> 00:17:57,500 Mr. McNown... 287 00:17:57,960 --> 00:17:58,960 And the defendant? 288 00:17:59,660 --> 00:18:00,660 Yes. 289 00:18:00,900 --> 00:18:02,180 That same night. 290 00:18:02,860 --> 00:18:03,860 At the party? 291 00:18:04,000 --> 00:18:05,740 Yes. After Mrs. 292 00:18:05,960 --> 00:18:10,640 Ellison left Mr. McNown's office, about a minute later, I saw him go in. The 293 00:18:10,640 --> 00:18:11,700 defendant? Yes. 294 00:18:12,520 --> 00:18:14,580 Did you hear what, if anything, was said? 295 00:18:14,940 --> 00:18:17,120 The senator was also very upset. 296 00:18:17,340 --> 00:18:21,460 And I heard him say something like, I will not be humiliated. 297 00:18:21,980 --> 00:18:22,980 He said it twice. 298 00:18:23,440 --> 00:18:27,440 I will not let myself be humiliated. Those were his words. Then what? 299 00:18:27,930 --> 00:18:28,950 He stormed out. 300 00:18:29,190 --> 00:18:33,830 Miss Levy, are you positive that this was July 10th, two days before the 301 00:18:33,830 --> 00:18:35,410 shooting? Absolutely positive. 302 00:18:35,750 --> 00:18:36,750 Thank you, Miss Levy. 303 00:18:36,890 --> 00:18:37,890 Nothing further. 304 00:18:43,690 --> 00:18:49,010 Miss Levy, you and I had a conversation about the events at this party, did we 305 00:18:49,010 --> 00:18:54,250 not? Yes. I asked you if you had any reason to suspect a romantic 306 00:18:54,250 --> 00:18:56,430 between Mrs. Ellison and Mr. 307 00:18:56,630 --> 00:18:58,340 McNown. Yes, you did. 308 00:18:58,640 --> 00:19:02,460 You told me all about how Mrs. Ellison went into Mr. McNown's office. 309 00:19:02,740 --> 00:19:03,679 That's correct. 310 00:19:03,680 --> 00:19:04,880 Same as I've said here. 311 00:19:05,180 --> 00:19:10,320 Yes. Well, did you ever tell me you saw the defendant go into Mr. McNown's 312 00:19:10,320 --> 00:19:11,780 office? I don't believe I did. 313 00:19:12,040 --> 00:19:13,480 Why is that, Miss Levy? 314 00:19:14,060 --> 00:19:15,060 You didn't ask. 315 00:19:38,500 --> 00:19:42,180 It's unfair surprise. That testimony... It isn't unfair surprise. She was on 316 00:19:42,180 --> 00:19:45,900 their list. Not to say that. She didn't... It isn't unfair surprise. It 317 00:19:45,900 --> 00:19:48,680 screw -up, and it was yours, Jimmy. How could you... Hey! 318 00:19:49,020 --> 00:19:50,020 She's lying! 319 00:19:50,260 --> 00:19:51,620 They put her up there to lie! 320 00:20:00,100 --> 00:20:01,320 Was she lying, Keith? 321 00:20:08,650 --> 00:20:09,650 You knew. 322 00:20:10,550 --> 00:20:12,110 You knew about the affair. 323 00:20:16,370 --> 00:20:20,990 So you murdered him. I am talking to the client. I'm not interested in what the 324 00:20:20,990 --> 00:20:21,990 client has to say. 325 00:20:22,090 --> 00:20:25,910 If we plan to keep going with self -defense, you're not interested in 326 00:20:25,910 --> 00:20:26,970 the client has to say. 327 00:20:27,170 --> 00:20:28,170 Are we clear? 328 00:20:31,310 --> 00:20:35,470 Can you see if they're still willing to plea? I don't want to plea. I can't. 329 00:20:35,470 --> 00:20:39,890 Keith, they've got you. If I plead out after that testimony, I'm guilty to the 330 00:20:39,890 --> 00:20:42,330 world. Are you still worried about becoming governor? You can't be serious. 331 00:20:42,330 --> 00:20:44,610 woman doesn't know what she heard. She can't be sure. 332 00:20:44,870 --> 00:20:47,230 Oh, don't be an idiot. There's still reasonable doubt. You are guilty in 333 00:20:47,230 --> 00:20:48,310 everybody's eyes. 334 00:20:48,690 --> 00:20:50,270 Shut up! 335 00:21:08,880 --> 00:21:12,520 There's not going to be any plea offered from the prosecution at this point. Our 336 00:21:12,520 --> 00:21:14,720 only course is to proceed with self -defense. 337 00:21:15,640 --> 00:21:17,440 We argue that the woman heard it wrong. 338 00:21:17,880 --> 00:21:22,200 It was a loud party, she had certain predispositions, and she heard what she 339 00:21:22,200 --> 00:21:23,200 wanted to hear. 340 00:21:23,900 --> 00:21:26,780 You will have to account for what she thinks she heard in your testimony. 341 00:21:27,720 --> 00:21:31,720 Your testimony stays the same. You will go up first to describe your father's 342 00:21:31,720 --> 00:21:34,540 calm, pleasant demeanor as he came home that night. 343 00:21:35,220 --> 00:21:36,280 We tell the truth. 344 00:21:37,320 --> 00:21:38,500 This is not over. 345 00:21:39,360 --> 00:21:41,520 It will be if we fall apart. 346 00:21:44,880 --> 00:21:46,820 I'll check with the clerk to see when we go back. 347 00:22:02,880 --> 00:22:05,820 Obviously this was a devastating setback for the defense. 348 00:22:06,380 --> 00:22:10,480 If Senator Ellison, in fact, knew of the affair, he's hard -pressed to convince 349 00:22:10,480 --> 00:22:14,580 the jury he thought his wife was under attack when he went running in with the 350 00:22:14,580 --> 00:22:15,580 revolver. 351 00:22:15,880 --> 00:22:17,320 Just shut her off, would you please? 352 00:22:18,000 --> 00:22:22,060 I know this is out there, but is there any precedent set for changing the plea 353 00:22:22,060 --> 00:22:23,360 to insanity this late in the game? 354 00:22:23,700 --> 00:22:26,100 No. The judge would never allow it. 355 00:22:28,420 --> 00:22:29,420 Where's Jimmy? 356 00:22:29,580 --> 00:22:30,580 Conference room. 357 00:22:31,840 --> 00:22:32,840 Eleanor. 358 00:22:38,190 --> 00:22:42,870 I know you're dejected, but the jury cannot see the face I'm looking at right 359 00:22:42,870 --> 00:22:43,870 now. 360 00:22:44,350 --> 00:22:45,590 Remember his press conference? 361 00:22:46,310 --> 00:22:48,770 If he's great on the stand, who knows? 362 00:22:51,630 --> 00:22:54,890 One more thing. This may not be the time, but I'm going to say it anyway. I 363 00:22:54,890 --> 00:22:59,210 don't ever, ever want to hear you attack a member of this law firm in front of a 364 00:22:59,210 --> 00:23:00,210 client again. 365 00:23:00,710 --> 00:23:02,330 Never mind the disrespect to Jimmy. 366 00:23:02,750 --> 00:23:05,130 We don't need to be inviting malpractice claims. 367 00:23:20,260 --> 00:23:21,260 Mistakes happen, Jimmy. 368 00:23:21,840 --> 00:23:23,260 No point in dwelling on it. 369 00:23:24,120 --> 00:23:26,200 Other than to make sure it doesn't happen again. 370 00:24:02,710 --> 00:24:05,710 We have an extremely difficult decision here. 371 00:24:06,350 --> 00:24:09,110 We need you to listen to us and consider this carefully. 372 00:24:11,570 --> 00:24:15,470 Your fate is obviously in your hands now. 373 00:24:16,750 --> 00:24:18,590 For your testimony, you can. 374 00:24:19,070 --> 00:24:20,270 maintain self -defense. 375 00:24:20,630 --> 00:24:27,550 For anybody else, I would consider that ludicrous, but you have a gift when it 376 00:24:27,550 --> 00:24:28,550 comes to persuasion. 377 00:24:29,490 --> 00:24:32,510 Personally, I think it's rabbit out of the hat time. 378 00:24:33,630 --> 00:24:36,690 But juries are loath to convict celebrities sometimes. 379 00:24:39,030 --> 00:24:42,270 Now, there is an alternative. 380 00:24:42,770 --> 00:24:43,729 Which is? 381 00:24:43,730 --> 00:24:50,410 You could do a big mea culpa, admit, That you acted in a fit of rage. 382 00:24:50,710 --> 00:24:54,110 And what would be the purpose of that? I think the jury might believe it, and 383 00:24:54,110 --> 00:24:55,310 you'd have a shot at manslaughter. 384 00:24:55,650 --> 00:24:59,590 If you stick to a story the jury perceives to be a lie, our fear is they 385 00:24:59,590 --> 00:25:00,730 hit you with murder one. 386 00:25:01,090 --> 00:25:04,930 The difference is six years versus life without parole. 387 00:25:08,310 --> 00:25:10,470 Food and not choices, Eleanor. 388 00:25:10,990 --> 00:25:12,870 You didn't leave us with many, Keith. 389 00:25:13,450 --> 00:25:16,010 You people have pulled miracles before. 390 00:25:16,350 --> 00:25:20,350 Not when... I can't go before the public and say I lied. 391 00:25:20,590 --> 00:25:24,750 Keith, we're not talking about re -election anymore. 392 00:25:25,150 --> 00:25:27,030 We're... I want my miracle. 393 00:25:44,600 --> 00:25:46,120 Now tell us what you want to do. 394 00:25:52,600 --> 00:25:53,760 I'm going to take the stand. 395 00:25:55,100 --> 00:25:58,760 And I'm going to testify that I acted in self -defense. 396 00:25:59,280 --> 00:26:00,460 You're going to go to prison. 397 00:26:00,780 --> 00:26:01,780 No, I'm not. 398 00:26:03,240 --> 00:26:04,240 No, I'm not. 399 00:26:45,320 --> 00:26:47,180 You remember how we used to talk Shakespeare? 400 00:26:47,700 --> 00:26:50,600 Who our favorite tragic heroes were? 401 00:26:51,800 --> 00:26:55,920 You're about to tell me I've become your favorite tragic hero. 402 00:26:57,080 --> 00:26:59,400 Our friendship kind of waned a little, Keith. 403 00:27:00,740 --> 00:27:05,660 I became a blight, the unseemly defense attorney who represents rapists and 404 00:27:05,660 --> 00:27:10,240 murderers. Not great photo op to be seen hanging around with me. I got it, 405 00:27:10,280 --> 00:27:12,220 Keith. That isn't true. 406 00:27:12,560 --> 00:27:13,560 Yes, it is. 407 00:27:16,140 --> 00:27:19,740 But nevertheless, you came to me, Keith. 408 00:27:20,420 --> 00:27:25,220 Because for somebody charged with murder, there is no better friend in the 409 00:27:25,220 --> 00:27:27,860 to have than me and my firm. 410 00:27:29,320 --> 00:27:33,580 You need to listen to the expertise you hired. 411 00:27:35,180 --> 00:27:41,200 If you stick with self -defense, it is my belief you will lose. 412 00:27:43,220 --> 00:27:46,480 If I tell them I lied, Eleanor. 413 00:27:47,360 --> 00:27:49,480 Everything I worked for, it's over. 414 00:27:50,240 --> 00:27:54,780 Keith, you have a daughter you love, a wife... Who will leave me as soon as the 415 00:27:54,780 --> 00:27:56,380 trial ends. We both know that. 416 00:27:56,880 --> 00:27:58,840 And she'll try to take Allison with her. 417 00:28:00,180 --> 00:28:02,860 I can't win this. 418 00:28:04,540 --> 00:28:05,580 Yes, you can. 419 00:28:08,280 --> 00:28:10,380 All we need is one juror. 420 00:28:19,240 --> 00:28:20,240 They love me. 421 00:28:36,600 --> 00:28:42,640 What happened? 422 00:28:46,180 --> 00:28:47,320 He's digging in. 423 00:28:50,510 --> 00:28:53,510 We call Allison up and down, and then we call Marsha. 424 00:28:54,390 --> 00:28:56,050 Are you okay to do this? I'm fine. 425 00:28:57,730 --> 00:28:59,670 Eleanor, I'm sorry. 426 00:29:00,610 --> 00:29:02,590 Jimmy, it's not your fault. 427 00:29:04,410 --> 00:29:05,430 Come on, we gotta get in. 428 00:29:09,030 --> 00:29:11,350 How would you describe your relationship with your dad? 429 00:29:13,230 --> 00:29:14,230 Extremely close. 430 00:29:14,790 --> 00:29:15,790 Extremely close. 431 00:29:16,130 --> 00:29:19,550 Were you aware of any marital problems between him and your mom? 432 00:29:19,960 --> 00:29:20,960 They had fights. 433 00:29:21,540 --> 00:29:24,000 They would have difficult times and things would improve. 434 00:29:24,320 --> 00:29:25,620 Was that difficult on you? 435 00:29:26,780 --> 00:29:30,100 Sometimes. Did you ever talk about it with your father? 436 00:29:30,660 --> 00:29:31,660 Yes. 437 00:29:32,440 --> 00:29:36,520 Did he ever talk about what he thought were the problems between your mother 438 00:29:36,520 --> 00:29:37,520 him? 439 00:29:37,800 --> 00:29:42,600 Yes. Did he ever reveal an awareness to you about your mother's affair with Mr. 440 00:29:42,660 --> 00:29:43,960 McNown? Never. 441 00:29:44,680 --> 00:29:45,680 Now, Allison. 442 00:29:45,950 --> 00:29:49,630 Given your relationship with your father, do you think he would have told 443 00:29:49,630 --> 00:29:50,630 about this affair? 444 00:29:50,770 --> 00:29:51,770 I do. 445 00:29:51,830 --> 00:29:55,670 Do you have an opinion as to whether he knew about this affair? 446 00:29:56,310 --> 00:29:58,130 My opinion is that he did not. 447 00:29:59,310 --> 00:30:03,170 Calling your attention to the night of the shooting, could you please tell us 448 00:30:03,170 --> 00:30:04,550 what happened from your perspective? 449 00:30:06,410 --> 00:30:11,030 Well, the movie we'd gone to see was sold out. 450 00:30:12,190 --> 00:30:13,410 So we came back home. 451 00:30:14,670 --> 00:30:15,890 We came into the house. 452 00:30:16,590 --> 00:30:18,390 Dad went to the family room. 453 00:30:18,870 --> 00:30:19,910 I headed upstairs. 454 00:30:22,130 --> 00:30:23,630 And that's when I heard them. 455 00:30:24,670 --> 00:30:25,670 Heard who? 456 00:30:25,770 --> 00:30:26,770 My mother. 457 00:30:27,410 --> 00:30:28,650 And Mr. McNown. 458 00:30:30,450 --> 00:30:31,750 You heard them? 459 00:30:32,710 --> 00:30:33,910 They were in her bed. 460 00:30:35,030 --> 00:30:38,230 Doing what they usually did when Dad and I were out of the house. 461 00:30:38,850 --> 00:30:42,070 Wait a second. You knew it was Mr. McNown? 462 00:30:42,510 --> 00:30:43,950 My father didn't know. 463 00:30:44,410 --> 00:30:45,369 about the affair. 464 00:30:45,370 --> 00:30:46,890 But I certainly did. 465 00:30:47,830 --> 00:30:52,110 Well, when you heard them that night, you didn't tell your father? 466 00:30:52,790 --> 00:30:53,790 No. 467 00:30:54,090 --> 00:30:55,950 You just went back to your room? 468 00:30:56,830 --> 00:30:57,830 Eventually. 469 00:30:58,890 --> 00:30:59,890 Eventually? 470 00:31:00,750 --> 00:31:03,670 First I got the gun, and I shot Mr. McNabb. 471 00:31:08,030 --> 00:31:09,030 Your Honor! 472 00:31:09,510 --> 00:31:10,510 Chambers! 473 00:31:15,720 --> 00:31:19,780 I had no idea she was going to say that. None of us. I don't believe it for a 474 00:31:19,780 --> 00:31:20,980 second. Let me talk here. 475 00:31:21,580 --> 00:31:25,680 Did she ever suggest to you she was the shooter? No. She just lied to get her 476 00:31:25,680 --> 00:31:28,260 father off. Mr. Lowe, let me conduct this session, please. 477 00:31:28,660 --> 00:31:32,900 Your Honor, none of us saw this coming. She previously had given a statement 478 00:31:32,900 --> 00:31:35,560 that she went to her room and she heard the shot. 479 00:31:35,820 --> 00:31:38,180 This was blatant perjury. Maybe it was. 480 00:31:38,880 --> 00:31:42,300 But your only remedy for this trial is a rigorous cross, Ms. Gamble. 481 00:31:42,660 --> 00:31:43,720 What else can we do? 482 00:31:44,190 --> 00:31:47,770 I'll make a deal with her right now. I'll drop all perjury charges in 483 00:31:47,770 --> 00:31:51,750 for admitting her lie. She's got an out. Well, even if she were to agree to 484 00:31:51,750 --> 00:31:53,550 that, I'm not sure it's in the senator's interest. 485 00:31:53,770 --> 00:31:56,590 Which is why you shouldn't be representing the daughter as well. I 486 00:31:56,590 --> 00:32:00,450 disagree with that either at this point, but the fact is I am, and we have a 487 00:32:00,450 --> 00:32:04,070 situation. The situation is you have an ethical obligation to take the offer to 488 00:32:04,070 --> 00:32:04,839 your client. 489 00:32:04,840 --> 00:32:07,000 We drop the perjury in exchange for her recanting. 490 00:32:07,240 --> 00:32:10,320 Otherwise, she's going to be taken from that courtroom into custody. Not in 491 00:32:10,320 --> 00:32:13,640 front of the jury. She's not. There's no statutory minimum, Bobby. She could get 492 00:32:13,640 --> 00:32:14,860 20 years. That's enough. 493 00:32:15,800 --> 00:32:19,840 You have an offer to take to the girl. If she refuses, your recourse is to try 494 00:32:19,840 --> 00:32:22,780 to impeach her on the stand and then arrest her post -verdict. 495 00:32:23,580 --> 00:32:25,080 You, you, and you. 496 00:32:25,840 --> 00:32:27,960 I want your bar cards by the end of the day. 497 00:32:29,040 --> 00:32:30,740 Excuse me? I'll hold them in escrow. 498 00:32:31,210 --> 00:32:34,830 If it turns out what just happened in there was one of those stunts you people 499 00:32:34,830 --> 00:32:37,670 have become infamous for, you will lose them forever. 500 00:32:38,430 --> 00:32:39,430 That's my promise. 501 00:32:45,450 --> 00:32:48,750 You have just committed a very serious offense. 502 00:32:49,050 --> 00:32:52,950 What? Telling the truth under oath? Oh, that's the truth. That... Eleanor. 503 00:32:56,530 --> 00:32:57,970 I'm willing to plead guilty. 504 00:33:00,170 --> 00:33:01,710 You want to plead guilty now? 505 00:33:02,390 --> 00:33:03,390 Make the deal. 506 00:33:04,670 --> 00:33:09,030 Senator, right now you actually have a shot at acquittal. You want to... Just 507 00:33:09,030 --> 00:33:11,950 it. I'm not going to let my daughter take the fall. Can I talk? 508 00:33:12,210 --> 00:33:15,530 No. I think you've talked enough for one day, Allison. 509 00:33:16,590 --> 00:33:21,650 Somebody correct me if I'm wrong, but I probably just gave you reasonable doubt, 510 00:33:21,770 --> 00:33:23,250 so I... You also confessed, Allison. 511 00:33:23,910 --> 00:33:25,370 They might try you for murder. 512 00:33:25,590 --> 00:33:29,090 And I'll just say my confession was a lie to save my father. 513 00:33:29,879 --> 00:33:33,320 If he's acquitted, they can't try him again. He may be safe, but it's a pretty 514 00:33:33,320 --> 00:33:34,320 big risk for you. 515 00:33:34,400 --> 00:33:37,780 And even if you beat murder, they get you on perjury. A 14 -year -old girl 516 00:33:37,780 --> 00:33:39,020 trying to save her daddy. 517 00:33:40,860 --> 00:33:42,980 Something tells me I wouldn't go to jail for too long. 518 00:33:44,080 --> 00:33:45,080 Don't count on it. 519 00:33:50,840 --> 00:33:53,820 Are you really so sure I committed perjury, Mr. Donald? 520 00:34:03,370 --> 00:34:05,150 You're both covering for her. 521 00:34:05,650 --> 00:34:10,210 I want to plead guilty. Let's take a step back. I'm the client here. 522 00:34:11,190 --> 00:34:16,310 I want to plead guilty, conditioned on nothing happens to Allison. 523 00:34:17,150 --> 00:34:21,370 And I get to hold a press conference, not in custody. Those are my terms. 524 00:34:22,550 --> 00:34:23,610 Take it to the DA. 525 00:34:26,010 --> 00:34:29,110 Bobby, can you take Allison and Marsha out the back door? 526 00:34:29,590 --> 00:34:30,730 I'd like to talk to Keith. 527 00:34:31,010 --> 00:34:32,770 Why? I just... 528 00:34:33,389 --> 00:34:34,389 Need a second. 529 00:34:35,610 --> 00:34:36,610 Let's go. 530 00:34:52,510 --> 00:34:57,550 If there is anything you are more committed to than your political career, 531 00:34:57,550 --> 00:34:58,550 your daughter. 532 00:35:02,830 --> 00:35:07,170 If you're taking the rap for you, or have you been taking the fall for her 533 00:35:07,170 --> 00:35:08,170 along? 534 00:35:08,790 --> 00:35:11,050 I instructed you to plead guilty. 535 00:35:11,330 --> 00:35:12,870 Are you going to answer my question? 536 00:35:17,490 --> 00:35:18,490 Make the deal. 537 00:35:27,270 --> 00:35:30,190 Manslaughter? And no charges brought against the daughter on anything. 538 00:35:30,819 --> 00:35:34,140 Plus, he gets to hold a press conference before you take him off. Excuse me? 539 00:35:34,340 --> 00:35:37,960 He wants to make a statement. The question isn't do you think I'm an 540 00:35:37,960 --> 00:35:38,980 how big of an idiot. 541 00:35:39,280 --> 00:35:43,500 Helen. Bobby, this was your plan all along. It was not. If you think I'll 542 00:35:43,500 --> 00:35:47,180 you to use perjury to bolster your bargaining position... That was not our 543 00:35:47,820 --> 00:35:49,440 And I'm offended by your suggestion. 544 00:35:49,700 --> 00:35:50,439 Get out. 545 00:35:50,440 --> 00:35:54,020 Helen. I will not entertain any discussion, Bobby. Helen, 546 00:35:54,840 --> 00:35:56,380 you wait outside for a second. 547 00:36:02,160 --> 00:36:05,280 I don't like this any more than you do, but the fact is they've got reasonable 548 00:36:05,280 --> 00:36:09,100 doubt. When I get done crossing her, there's no... No, we have no 549 00:36:09,100 --> 00:36:13,780 another person taking credit for the crime, a very charismatic and persuasive 550 00:36:13,780 --> 00:36:18,020 defendant. We're in the crapper, and right now you're blinded by anger. 551 00:36:18,560 --> 00:36:22,960 It sucks, no question. We're having our hand forced by perjury. But the 552 00:36:22,960 --> 00:36:25,620 likelihood is, is that this was manslaughter. 553 00:36:26,180 --> 00:36:30,180 He flipped out and he shot the guy, and we would be crazy to walk away from this 554 00:36:30,180 --> 00:36:31,180 deal. 555 00:36:31,760 --> 00:36:33,320 We can't risk a straight acquittal. 556 00:36:33,740 --> 00:36:34,740 We just can't. 557 00:36:35,540 --> 00:36:36,680 I'm going to accept it. 558 00:36:46,800 --> 00:36:48,760 It's absolute madness in the corridor. 559 00:36:49,060 --> 00:36:52,200 The unconfirmed reports are a plea has been reached. 560 00:36:52,400 --> 00:36:53,880 Do we know what it is? Nobody calls. 561 00:36:54,620 --> 00:36:58,400 I'm informed now they're in court. And Judge Finkel is, in fact, being 562 00:36:58,400 --> 00:36:59,400 with the plea. 563 00:36:59,500 --> 00:37:01,980 which I'm now being told is a manslaughter conviction. 564 00:37:13,080 --> 00:37:14,280 Defendant, will please rise. 565 00:37:16,700 --> 00:37:20,580 You understand, Mr. Ellison, that you are pleading guilty to a homicide? 566 00:37:21,300 --> 00:37:25,740 Yes. And by pleading guilty to manslaughter, you are agreeing not to 567 00:37:26,430 --> 00:37:29,770 And that you will serve a sentence not less than six years in state prison? 568 00:37:30,350 --> 00:37:31,350 Yes, Your Honor. 569 00:37:31,590 --> 00:37:34,350 Counsel, you are recommending this agreement to your client? 570 00:37:34,650 --> 00:37:37,450 Your client understands the terms and accepts them? 571 00:37:37,930 --> 00:37:38,930 Yes, Your Honor. 572 00:37:39,210 --> 00:37:41,650 Plea is accepted, so ordered by the court. 573 00:37:42,210 --> 00:37:44,550 Bailiff, take the defendant into custody. 574 00:37:44,850 --> 00:37:48,330 Your Honor, pursuant to the plea, my client gets to make a statement. The 575 00:37:48,330 --> 00:37:49,330 is set up in the corridor. 576 00:37:50,290 --> 00:37:53,990 Security will escort the defendant to the microphones and then into custody. 577 00:37:54,620 --> 00:37:56,040 We are adjourned. 578 00:37:59,860 --> 00:38:02,760 I have 579 00:38:02,760 --> 00:38:09,380 to make my 580 00:38:09,380 --> 00:38:10,380 statement. 581 00:38:18,120 --> 00:38:22,420 We are not at all satisfied with this outcome. We believe this was a second 582 00:38:22,420 --> 00:38:26,820 -degree murder, possibly first. We accepted this plea because we fear the 583 00:38:26,820 --> 00:38:30,660 perjury committed by the daughter could have severely compromised our case. 584 00:38:31,440 --> 00:38:32,880 This is a terrible day. 585 00:38:33,460 --> 00:38:35,180 We just made the best deal we could. 586 00:38:42,600 --> 00:38:47,260 I would certainly agree with Ms. Gamble that this is a terrible day. 587 00:38:48,680 --> 00:38:53,720 For whatever reason, my daughter, Allison, in a misguided effort to 588 00:38:53,720 --> 00:38:57,320 dad, tried to mislead the jury as to what happened that night. 589 00:38:57,860 --> 00:39:02,460 What did in fact happen was exactly as I have maintained. 590 00:39:04,260 --> 00:39:09,820 I thought my wife, Marsha, was under attack and I was in fear for her life. 591 00:39:10,460 --> 00:39:13,260 I only accepted this plea of manslaughter. 592 00:39:13,870 --> 00:39:17,830 Because my conscience cannot permit allowing my daughter to accept any 593 00:39:17,830 --> 00:39:19,270 culpability for this act. 594 00:39:19,730 --> 00:39:21,010 Did I make a mistake? 595 00:39:21,430 --> 00:39:22,670 Absolutely. Is that true, Marsha? 596 00:39:23,070 --> 00:39:24,510 Maybe I've learned something. 597 00:39:24,810 --> 00:39:28,470 You think you're helping Allison. 598 00:39:29,490 --> 00:39:32,850 She's going to end up as another teenage suicide and you know it. 599 00:39:33,710 --> 00:39:38,390 And if she is the shooter, I am going to eventually prove it. 600 00:39:39,070 --> 00:39:40,490 You represent her. 601 00:39:40,690 --> 00:39:42,490 As of now, I don't. 602 00:39:43,240 --> 00:39:44,360 You're her lawyer. 603 00:39:44,720 --> 00:39:45,720 Not anymore. 604 00:39:47,500 --> 00:39:50,780 You really think if Allison did this, I'd stay quiet? 605 00:39:51,180 --> 00:39:52,180 I don't know. 606 00:39:52,740 --> 00:39:55,920 You might not want her life ruined because of an affair you had. 607 00:39:57,160 --> 00:39:58,940 I never had an affair, Eleanor. 608 00:39:59,860 --> 00:40:00,860 Excuse me? 609 00:40:01,940 --> 00:40:04,700 I say this now, client to attorney. 610 00:40:06,380 --> 00:40:10,420 The reason I told you they'd never be able to prove my affair with Jim McNown 611 00:40:10,420 --> 00:40:11,420 because it never happened. 612 00:40:12,810 --> 00:40:15,450 Jim McNown had his affair with Keith. 613 00:40:17,670 --> 00:40:18,670 What? 614 00:40:19,030 --> 00:40:20,630 My husband is gay, Eleanor. 615 00:40:21,750 --> 00:40:27,090 And you know the old saying, two things that'll kill a political career, being 616 00:40:27,090 --> 00:40:29,650 caught with a dead woman or a live boy. 617 00:40:31,390 --> 00:40:33,950 Keith and Jim McNown were in that bed that night. 618 00:40:34,850 --> 00:40:36,570 That's why they found no semen on me. 619 00:40:37,810 --> 00:40:39,850 That's why they found no powder burns on Keith. 620 00:40:41,000 --> 00:40:44,500 And since Helen Gamble had to rule me out as a suspect in order to do the rape 621 00:40:44,500 --> 00:40:49,740 kit, she couldn't trace metal in my hands or test me for potter burns. 622 00:40:52,400 --> 00:40:53,680 You killed him? 623 00:40:56,240 --> 00:40:59,600 That information is sealed up in privilege, Counselor. 624 00:41:00,580 --> 00:41:02,920 There's nothing you can do now but sit on it. 625 00:41:04,660 --> 00:41:08,340 So, at the party... I confronted Jim McNown with the affair. 626 00:41:09,520 --> 00:41:15,140 And when he said he wanted to go public with it, that's when Keith was overheard 627 00:41:15,140 --> 00:41:17,320 saying he wouldn't stand to be humiliated. 628 00:41:19,580 --> 00:41:21,060 You all were so close. 629 00:41:23,300 --> 00:41:28,020 Spouse comes home with daughter, finds spouse in bed with another man, snaps, 630 00:41:28,240 --> 00:41:29,240 shoots. 631 00:41:31,600 --> 00:41:33,420 You just had the wrong spouse in bed. 632 00:41:35,140 --> 00:41:36,820 And the wrong one with the gun. 633 00:41:40,010 --> 00:41:44,490 I'll serve time for that mistake, but I will come out of this stronger. 634 00:41:45,270 --> 00:41:49,870 My commitment to the Commonwealth of Massachusetts shall never wane. 635 00:41:51,030 --> 00:41:56,990 I'll pay my debt to the society I vowed to fight for, vowed to serve, 636 00:41:57,230 --> 00:41:59,910 and I'll be back to serve it. 637 00:42:00,890 --> 00:42:06,230 I felt your hearts with me during this trying time, and I won't forget your 638 00:42:06,230 --> 00:42:07,330 unflinching support. 639 00:42:09,100 --> 00:42:11,880 And my heart will stay with you. 640 00:42:14,100 --> 00:42:16,340 I will be back. 51664

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