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Previously on The Practice.
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What happened?
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His name is James McNown. He's a
business associate of Marsha's. The
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issued no statement as of yet, except to
confirm that a fatal shooting did take
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place in the senator's home.
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Ballistics confirm it was his gun.
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Prints? Wiped clean.
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Interview everybody at her work.
Somebody had to have seen the two
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I saw them in an office together.
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Mr. McNown and Mrs. Ellison.
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and it looked like something was going
on between them. The likelihood is that
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they will be able to prove your wife's
affair with the victim. With that, with
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your gun being the murder weapon, with
you being at the scene, you'll be
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convicted, Senator.
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I'd like to make a public statement.
It's a bad idea.
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I saw what appeared to be a struggle
with a strange man on top of my wife.
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I shot a man who was committing
adultery, not a man who was trying to
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Common sense tells me this goes away for
manslaughter.
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That seems a little light. You jump at
it, don't kid yourself, and so should
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you. It was mistaken self -defense. The
prosecution knows they can't disprove
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that. That's why the manslaughter is
being offered.
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We go to trial.
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If you didn't get your courtroom pass
three weeks ago and without media
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credentials, you'd have to know somebody
to get one. You won't be sitting in
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Division 3 in the Suffolk Superior
Courthouse, not today or any day in the
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future. It's not just because it's a
murder trial or that it involves a state
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senator or even that two of the opposing
lawyers are roommates.
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It's because of that burning question
this trial will attempt to answer. The
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question that this entire city has for
two months now been asking on every
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street corner, in every bar room, at
every dinner table.
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What was Senator Ellison really thinking
when he fired that gun? Did he believe
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his wife's life was in danger or was the
shooting an act of vengeance?
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The prosecution has vowed to put in a
short case, the facts not really being
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dispute. Every legal analyst agrees the
trial will come down to Senator
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Ellison's testimony and the cross
-examination by Helen Gamble, which
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be extremely tough.
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Senator, does the Senator have a
comment?
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This trial is not about who shot and
killed James McNown.
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The defendant did that. There's no
dispute there.
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This trial is about why he did it.
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Now, the evidence was so conclusively
that the defendant discovered his wife
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making love to the victim and in an act
of anger and revenge, murdered Mr.
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McNown.
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The evidence will show the defendant
then sought to cover up his crime.
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That he either destroyed or tampered
with evidence in an attempt to get away
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with this murder.
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There's an old saying in the medical
profession.
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When you hear hoofbeats, don't think
zebra.
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Now, this means instead of looking for
some exotic, far -fetched diagnosis,
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see the obvious.
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In this trial, ladies and gentlemen, the
Commonwealth will only be asking you to
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see the obvious.
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The defendant murdered the man sleeping
with his wife.
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I agree with the district attorney.
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This trial is simply about why Senator
Ellison fatally wounded the stranger in
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his house.
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To answer that question...
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You'll need to get into the head of
Senator Ellison.
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You'll need to imagine coming home late
at night and hearing the sounds of a
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struggle coming from your bedroom.
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You will need to fathom the panic
knowing your spouse was home alone this
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You will have to appreciate the fear
that can suddenly consume you at the
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thought, the thought that the person you
love is being raped.
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or possibly killed in the next room.
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Can any of us truly presume to know what
that must be like? Have any of us ever
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had to listen to the sounds of a husband
or wife being attacked by an intruder?
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The evidence will show what happened
that night is that Senator Ellison went
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racing into that room to protect the
woman he loved, the mother of his
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Ellison. He charged in there with a gun
in a state of panic, fear, horror to
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see an intruder on top of his wife and
he fired.
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Turns out, he got it wrong.
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It was mistaken self -defense.
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That will be the evidence because it's
the truth.
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And if you listen to the facts, the
testimony, the witnesses.
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Remember, the prosecution's entire case,
all of it, the reason we are even here
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is their presumption they know what was
going on in Senator Ellison's
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mind.
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Of course that's impossible.
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Impossible for them to know.
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Impossible for you to know.
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All the Commonwealth can really do is
ask you to imagine.
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And we will be making that very same
request.
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Imagine.
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That's how he looked when we got there.
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Who else was there when you arrived,
detective?
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The defendant.
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Mrs. Ellison, the daughter Allison, and
the defendant's attorney, Ms. Frutt. The
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attorney was there before the police?
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That's correct.
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Who called the police?
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Ms. Frutt.
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Was there ever a 911 call placed from
the residence?
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No, there was not.
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After you finally got there, at some
point you decided to place the defendant
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under arrest for murder?
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Yes. Why?
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It was a single gunshot wound to the
head from a fairly close range,
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an execution style... Objection?
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Sustained. The gun was found on the
scene.
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It belonged to the defendant.
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Did you check it for fingerprints?
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It had been wiped clean of any
fingerprints.
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Did you subsequently do any tests on the
defendant to determine if he had held
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the gun?
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Yes. We did what is known as a trace
metal test, which basically indicates
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whether or not a person has recently
held a firearm.
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And what were the results of this test?
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They were negative.
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Well, now I'm confused, because the
defendant subsequently admitted that he
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held and fired the gun.
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We believe that he either wiped the
residue off or he was wearing gloves.
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So before he ran to get the gun, he
first ran to go put on a pair of gloves.
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Objection. Speculation.
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Overruled. He can state his opinion.
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We think he was going to hide his ID as
the shooter, then change his mind and
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went to self -defense.
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When you arrived, detective, how was the
defendant dressed?
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He was showered, wearing freshly
laundered clothes.
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The clothes he had previously been seen
in were in the washing machine.
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The washing machine.
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Was that on when you arrived?
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No, but judging from the heat on the
surface of the machine...
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We determined that it had been on within
the previous 40 minutes.
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So, after the shooting, the defendant
did a load of laundry.
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Seems so.
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After a shooting at this range, it's
likely there would be some blood
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on Senator Ellison. Isn't that right,
Detective?
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Yes. Isn't it also likely, Detective,
that a person might not want to stand
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around in bloody clothes?
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That's possible. And if one were to take
off bloody clothes, what would one
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likely do with them?
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Fold him up, put him back in the drawer.
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Objection. Withdrawn. It's your
testimony, detective, that because my
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washed his clothes, that made him
suspicious.
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Yes. It's one thing to... You answered
the question. Thank you. You also
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testified that he'd taken a shower.
Which I also found suspicious.
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00:10:05,750 --> 00:10:09,590
Preposterous to think that a person
splattered with blood might want to wash
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himself? I found it a little
preposterous that he would shower and do
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before even calling the police, yes.
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00:10:15,270 --> 00:10:18,510
Oh, you know he did those things before
Ms. Frutt called the police? I know he
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did them before we arrived.
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That wasn't your statement, detective.
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Your conclusion was he did them before
you were called.
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Can you state that to a conclusion,
detective?
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No. So this was a conclusion you just
leapt to.
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No, you just took the evidence found and
made it fit with your theory.
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Objection, argumentative.
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Sustained. Ever known it to be the case,
Detective, where one holds the gun,
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shoots it even, and the trace metal test
comes up negative?
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Very unlikely.
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Ever known it to happen, Detective?
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Yes. And if one were to take a shower,
Detective, would that make it more or
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less likely for the trace metal test to
come up negative?
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Washing the hands doesn't necessarily...
My question, Detective, is would
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showering make it more or less likely
for the trace metal test to come up
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negative?
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I would say more likely, but... So it's
likely my client didn't wear gloves like
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you think.
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That's possible.
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Thank you, detective.
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I thought you crossed him well.
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We've still got to deal with no
fingerprints.
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Why the gun was wiped clean. Marcia
covers that in her testimony.
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That was a weak opening for the
prosecution.
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I'm surprised they led with that.
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What else have they got?
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Who's next?
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Jason Perlmutter, woman agent and
senator.
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I'm ready for him.
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What did the consultant say?
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McGuire did come off credible, and
phoning the lawyers before calling the
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didn't go over well.
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They thought you were a little
aggressive.
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What else?
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That's basically it. They thought you
did a good job poking holes, but McGuire
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still seemed reasonable, and ultimately
they believed him.
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You've got to take care of Perlmutter.
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Something was bothering him the whole
week. The week before the shooting?
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Yes. Senator Ellison is typically a very
affable person and rather easygoing for
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somebody with a stress of his kind of
work.
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But in the days before the shooting,
something was troubling him.
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How are you in a position to notice all
this, Mr. Perlmutter? I was his aide. I
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was typically with him 12 hours a day.
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Did you ask him what was wrong?
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Objection, hearsay. Declaration against
interest.
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I'll allow it. Did you ask him, sir?
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Yes, he indicated it was stuff at home.
And you took that to mean?
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Problems with his marriage.
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How did you come to take it that way?
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Well, he would indicate that he and his
wife would go through bouts of
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estrangement, and after working for him
for 11 years, I developed a pretty good
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barometer for detecting when things
weren't going well.
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And the days before the shooting, this
was one of those times, in your opinion?
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00:12:48,500 --> 00:12:49,500
Yes.
195
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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.
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But you have a barometer.
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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
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00:13:10,380 --> 00:13:14,420
estrangement. He has a daughter,
Allison. Did you know that? Of course.
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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
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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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