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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,550 --> 00:00:02,550 I don't understand. 2 00:00:03,810 --> 00:00:05,150 You've got all the evidence. 3 00:00:05,610 --> 00:00:07,870 He knows he killed her. What defense could he have? 4 00:00:08,370 --> 00:00:09,590 Honestly, I don't know. 5 00:00:10,050 --> 00:00:14,030 I thought insanity, but I guess they can't find a shrink willing to testify. 6 00:00:15,210 --> 00:00:19,170 I prayed he'd plead guilty, so this would be over. 7 00:00:24,050 --> 00:00:27,430 Well, we don't start for another hour. We can still offer him a deal. 8 00:00:31,690 --> 00:00:32,689 What kind of deal? 9 00:00:33,610 --> 00:00:34,610 Murder, too. 10 00:00:34,690 --> 00:00:35,690 And that's a gift. 11 00:00:37,470 --> 00:00:40,730 That's still life, man. With the possibility of parole. 12 00:00:41,070 --> 00:00:42,070 No, no. 13 00:00:42,310 --> 00:00:43,750 Daryl, you have no defense. 14 00:00:44,310 --> 00:00:47,850 Your semen was found in the victim. I made love with her earlier. Your prints 15 00:00:47,850 --> 00:00:48,850 are on the murder weapon. 16 00:00:49,110 --> 00:00:52,870 A witness saw you run out of her apartment at the time she was murdered. 17 00:00:52,870 --> 00:00:55,330 witness got it wrong, Mr. Young. 18 00:00:55,550 --> 00:00:57,890 It's as simple as that. Well, she seems pretty sure. 19 00:00:58,090 --> 00:00:59,090 She got it wrong. 20 00:01:01,290 --> 00:01:03,610 A friend of mine in this trial called this doctor witness. 21 00:01:04,410 --> 00:01:07,850 He talked about how some white people can't tell black people apart, some 22 00:01:07,850 --> 00:01:08,950 disease or something like that. 23 00:01:09,350 --> 00:01:11,250 That witness has got that disease is all. 24 00:01:12,290 --> 00:01:13,330 We got to call this doctor. 25 00:01:14,770 --> 00:01:16,930 I don't think race is an issue here, Darryl. 26 00:01:17,530 --> 00:01:18,950 You don't understand, Mr. Young. 27 00:01:19,890 --> 00:01:21,510 I'm instructing you to make it an issue. 28 00:02:12,330 --> 00:02:13,630 What do you mean you want out? 29 00:02:14,510 --> 00:02:18,150 Just what I'm saying, Your Honor. The trial is set to start in 40 minutes. My 30 00:02:18,150 --> 00:02:20,770 client and I have insurmountable differences, which would have... Such 31 00:02:22,370 --> 00:02:23,370 That's privileged. 32 00:02:24,710 --> 00:02:26,930 Let's just say it's about strategy and ethics. 33 00:02:27,870 --> 00:02:32,410 Eugene, every lawyer seems to have insurmountable differences with the 34 00:02:32,410 --> 00:02:33,410 -appointed cases. 35 00:02:33,590 --> 00:02:35,110 I'm telling you, this one is real. 36 00:02:35,750 --> 00:02:39,110 You know me well enough to know that if I say it, it is real. 37 00:02:39,710 --> 00:02:43,450 I'm not letting you out for a strategy difference. Forget it. 38 00:02:43,850 --> 00:02:47,110 Your Honor, I'm asking a favor here. 39 00:02:47,870 --> 00:02:49,530 I can't let you out. 40 00:02:50,330 --> 00:02:51,330 Not now. 41 00:02:57,390 --> 00:02:58,630 When did they take him in? 42 00:02:58,910 --> 00:03:01,630 Three weeks ago. And they wouldn't tell you anything? 43 00:03:01,930 --> 00:03:04,870 The only thing I know is that the FBI has him somewhere. 44 00:03:05,710 --> 00:03:08,070 I hired a lawyer. He got nowhere. 45 00:03:08,960 --> 00:03:11,960 I hate coming to a patient, but I... No problem. 46 00:03:12,260 --> 00:03:14,500 Your husband's first name? Bill. 47 00:03:15,140 --> 00:03:17,440 Bill Ford. And his middle initial? 48 00:03:17,700 --> 00:03:18,700 Habib. 49 00:03:18,920 --> 00:03:19,920 I'm sorry? 50 00:03:20,140 --> 00:03:23,180 Ford is my maiden name. My husband's last name is Habib. 51 00:03:27,680 --> 00:03:32,940 All I'm saying, I just think if the FBI picked him up, they must have had a good 52 00:03:32,940 --> 00:03:37,240 reason. This woman is my doctor, Jimmy. Her husband's been in this country for 53 00:03:37,240 --> 00:03:38,240 30 years. 54 00:03:39,280 --> 00:03:41,460 Why'd they grab him? Just because he's Arab? 55 00:03:42,040 --> 00:03:45,800 He's Arab -American, and we don't know why they grabbed him. They're not 56 00:03:45,800 --> 00:03:50,680 us. Well, like I said, last time I checked, the police don't arrest people 57 00:03:50,680 --> 00:03:51,680 no reason. 58 00:03:52,160 --> 00:03:53,920 When is the last time you checked? 59 00:04:00,980 --> 00:04:04,680 Linda McLaughlin was the first person in her family to go to college. 60 00:04:06,100 --> 00:04:07,180 These are her parents. 61 00:04:08,360 --> 00:04:13,380 The evidence will show that on November 19th of last year, their daughter Linda 62 00:04:13,380 --> 00:04:18,079 walked out of the campus grocery store and was accosted by the defendant, 63 00:04:19,040 --> 00:04:24,200 Daryl Johnson, a homeless man who panhandles in the area. 64 00:04:25,360 --> 00:04:32,340 Daryl followed Linda home, raped her, then beat her to death. 65 00:04:33,640 --> 00:04:35,180 After we prove it... 66 00:04:35,660 --> 00:04:39,960 I will ask you to find Daryl Johnson guilty of murder in the first degree. 67 00:04:45,320 --> 00:04:46,320 Mr. Young? 68 00:04:52,280 --> 00:04:53,760 Mr. Young? 69 00:04:58,160 --> 00:05:02,440 The evidence will not establish that Daryl Johnson committed this crime. 70 00:05:03,500 --> 00:05:08,000 The evidence will establish that the police arrested him simply because he 71 00:05:08,000 --> 00:05:12,420 the profile in their minds of the type of person who would commit this 72 00:05:12,420 --> 00:05:13,420 particular crime. 73 00:05:28,110 --> 00:05:31,470 I'm Special Agent Charles Renford. Sorry for the delay. Oh, no problem. I assume 74 00:05:31,470 --> 00:05:34,210 you guys are pretty busy right now. What can I do for you? I've been trying to 75 00:05:34,210 --> 00:05:37,950 talk to these two agents about Bill Habib, and I... Well, these agents got 76 00:05:37,950 --> 00:05:40,610 pulled onto details overseas. They are not available. 77 00:05:42,030 --> 00:05:43,030 Okay. 78 00:05:43,150 --> 00:05:44,350 Can you tell me anything? 79 00:05:45,970 --> 00:05:47,150 I'm sorry, I can't. 80 00:05:49,210 --> 00:05:52,190 Is that because you don't know or because you won't say? 81 00:05:56,150 --> 00:06:00,010 Agent Renford, I am formally requesting you let me see my client. 82 00:06:00,650 --> 00:06:02,370 I'm afraid you can't. 83 00:06:03,390 --> 00:06:04,790 What do you mean? I'm his lawyer. 84 00:06:05,590 --> 00:06:08,110 You can't see him, Miss Washington. That's all I can say. 85 00:06:10,810 --> 00:06:13,470 First, find out where he's being held. Call the Bureau of Prisons. 86 00:06:13,690 --> 00:06:14,229 I did. 87 00:06:14,230 --> 00:06:17,290 Along with the State Board of Corrections, Suffolk County Jail, 88 00:06:17,430 --> 00:06:21,670 Nobody knows a thing. Call the INS. They can hold someone indefinitely, even if 89 00:06:21,670 --> 00:06:24,330 there's a hint of an immigration problem. He's a U .S. citizen. 90 00:06:24,780 --> 00:06:25,940 He has been for 20 years. 91 00:06:26,160 --> 00:06:28,260 I'd still check it out. You don't know what they can do now. 92 00:06:28,980 --> 00:06:30,080 What about his first lawyer? 93 00:06:30,320 --> 00:06:32,620 He won't talk to me. Says he's been ordered not to. 94 00:06:33,120 --> 00:06:35,240 Ordered? By who? I have no idea. 95 00:06:36,920 --> 00:06:37,920 Okay. 96 00:06:39,160 --> 00:06:41,800 If the feds took him, you gotta assume they still got him. 97 00:06:42,340 --> 00:06:45,120 File a federal habeas, make them produce his body at least. 98 00:06:48,840 --> 00:06:53,060 The girl had just walked out of the market when he walked up to her. This 99 00:06:53,320 --> 00:06:54,320 Yes. 100 00:06:54,700 --> 00:06:57,100 Mr. Banks, have you ever seen the defendant before? 101 00:06:57,660 --> 00:06:58,660 He's a street guy. 102 00:06:59,160 --> 00:07:00,380 Carries your bags for change. 103 00:07:01,240 --> 00:07:02,480 Sometimes he can get aggressive. 104 00:07:03,020 --> 00:07:05,520 Objection. Sustained. The jury will disregard. 105 00:07:06,160 --> 00:07:08,400 Just tell us what you saw that day. 106 00:07:09,180 --> 00:07:11,020 He tried to carry her shopping bags. 107 00:07:11,460 --> 00:07:13,420 And she was like, whoa, I got it. 108 00:07:14,440 --> 00:07:17,600 They kind of argued over the bags for a minute, and then she walked away. 109 00:07:18,280 --> 00:07:19,840 What did the defendant do then? 110 00:07:20,220 --> 00:07:21,780 He stood there, pissed. 111 00:07:22,930 --> 00:07:24,510 Then he started to follow her. 112 00:07:25,190 --> 00:07:27,250 Did you hear anything they said? 113 00:07:27,710 --> 00:07:31,930 No. And when you say they argued... Well, it looked like they argued. About 114 00:07:31,930 --> 00:07:35,030 bags. Could they have been talking about something else? 115 00:07:35,270 --> 00:07:36,430 I don't know. I guess. 116 00:07:36,770 --> 00:07:37,729 You guess. 117 00:07:37,730 --> 00:07:40,790 So it's possible then they were talking about something else. 118 00:07:41,390 --> 00:07:45,310 Yes. And, Mr. Banks, you never thought Miss McLaughlin was in danger, did you, 119 00:07:45,330 --> 00:07:46,590 sir? In danger? 120 00:07:46,810 --> 00:07:48,850 Well, yes. You saw her with my client. 121 00:07:49,110 --> 00:07:52,150 You didn't think she needed help or that you should call the police, did you? 122 00:07:52,900 --> 00:07:53,900 No. 123 00:07:54,140 --> 00:07:55,140 Thank you, sir. 124 00:08:03,520 --> 00:08:04,520 That's it? 125 00:08:07,040 --> 00:08:11,060 Darryl, if you're unhappy with my work, you can tell the judge and get a new 126 00:08:11,060 --> 00:08:12,060 lawyer. 127 00:08:14,080 --> 00:08:15,920 You're the right lawyer for this, Mr. Young. 128 00:08:17,020 --> 00:08:18,020 I'm sure about that. 129 00:08:28,650 --> 00:08:31,590 Agent Renford, I didn't expect to see you. Theodore McNally, assistant U .S. 130 00:08:31,590 --> 00:08:32,630 attorney. Thanks for coming down. 131 00:08:33,070 --> 00:08:34,190 Let me give you this back. 132 00:08:36,289 --> 00:08:37,289 My habeas. 133 00:08:37,830 --> 00:08:38,830 It isn't filed? 134 00:08:39,090 --> 00:08:40,870 Clerk's office caught it. You can't file it. 135 00:08:43,130 --> 00:08:47,810 What do you mean I can't file it? This involves classified material, top secret 136 00:08:47,810 --> 00:08:51,070 or higher. It can't be... I'm just asking to see my client. 137 00:08:51,710 --> 00:08:53,250 Now, when do I get to see my client? 138 00:08:54,370 --> 00:08:56,030 After you get a national security clearance. 139 00:08:56,590 --> 00:08:57,670 Renford will expedite it. 140 00:08:58,090 --> 00:09:01,930 I'll need your home address, social security number, names of family 141 00:09:02,050 --> 00:09:06,510 and how you know Mr. Habib. I haven't even met him yet. Hold on. 142 00:09:09,110 --> 00:09:13,470 I need to warn you. Anything you say can and will be used against you and your 143 00:09:13,470 --> 00:09:16,570 client. Used against me? What are you talking about? This case involves 144 00:09:16,570 --> 00:09:20,250 security. You want to defend Habib? You need a clearance. 145 00:09:20,570 --> 00:09:24,110 To get it, you've got to go through us, answer our questions. If you lie to us, 146 00:09:24,190 --> 00:09:27,010 it's perjury, plus everything we tell you. 147 00:09:27,240 --> 00:09:32,700 is privileged if you divulge any of it to anyone you'll be prosecuted and what 148 00:09:32,700 --> 00:09:38,040 if i don't want a security clearance what if i object it's a violation of my 149 00:09:38,040 --> 00:09:41,880 right then mr habib gets no lawyer 150 00:09:41,880 --> 00:09:49,920 i 151 00:09:49,920 --> 00:09:54,020 need security clearance to see my own client who i never met i don't know why 152 00:09:54,020 --> 00:09:57,370 was arrested rebecca these are different times Thank you, Lucy. 153 00:09:58,230 --> 00:09:59,350 So what happens next? 154 00:09:59,910 --> 00:10:02,910 Assuming I get the clearance, I'm hoping to meet the client tomorrow. 155 00:10:08,010 --> 00:10:09,330 I haven't found him yet. 156 00:10:12,170 --> 00:10:13,610 So we're off to federal court. 157 00:10:13,850 --> 00:10:17,530 I'm hoping to persuade a judge to order the government to at least tell us where 158 00:10:17,530 --> 00:10:18,530 he is. 159 00:10:19,470 --> 00:10:20,470 Okay? 160 00:10:22,310 --> 00:10:23,310 Sarah? 161 00:10:23,480 --> 00:10:26,160 Is it possible your husband is involved in something? 162 00:10:29,720 --> 00:10:31,300 No, Rebecca, that's not possible. 163 00:10:34,700 --> 00:10:35,700 I'm sorry. 164 00:10:36,200 --> 00:10:38,860 As your lawyer, I had to ask you that question. 165 00:10:39,260 --> 00:10:42,240 Right. We wouldn't want you committing malpractice. 166 00:10:49,780 --> 00:10:52,740 Numerous skull fractures, massive and fatal head trauma. 167 00:10:53,130 --> 00:10:54,730 What caused these injuries, Detective? 168 00:10:55,170 --> 00:10:58,510 A table lamp was found near the body, covered with blood and portions of her 169 00:10:58,510 --> 00:11:00,890 scalp. It was determined to be the murder weapon. 170 00:11:01,250 --> 00:11:03,250 Were any fingerprints on the lamp? 171 00:11:03,470 --> 00:11:07,070 The defendant's fingerprints were found on both the lamp and the victim. 172 00:11:08,170 --> 00:11:12,550 Detective, what other evidence did you find? 173 00:11:12,910 --> 00:11:15,750 A rape examination revealed the presence of semen. 174 00:11:15,990 --> 00:11:17,410 We did a DNA test. 175 00:11:17,650 --> 00:11:18,870 It matched the defendant. 176 00:11:19,730 --> 00:11:20,730 Thank you. 177 00:11:24,620 --> 00:11:25,620 Mr. Young? 178 00:11:27,640 --> 00:11:29,040 Did you find bruising? 179 00:11:29,500 --> 00:11:31,040 We found bludgeoning. 180 00:11:31,580 --> 00:11:32,840 That wasn't my question. 181 00:11:34,040 --> 00:11:36,800 Did you find bruising in the vaginal area? 182 00:11:37,400 --> 00:11:38,560 We didn't find that. 183 00:11:38,880 --> 00:11:39,759 How about tearing? 184 00:11:39,760 --> 00:11:44,680 No. Did you find defensive wounds on the victim's hands or arms, skin under her 185 00:11:44,680 --> 00:11:46,020 fingernails? No. 186 00:11:46,720 --> 00:11:50,240 Detective, can you rule out the possibility of consensual sex here? 187 00:11:50,860 --> 00:11:54,000 Objection. Overruled. Doesn't sound like she was fighting, does it? 188 00:11:54,280 --> 00:11:55,620 This could have been consensual. 189 00:11:56,240 --> 00:11:57,240 Sidebar, Your Honor. 190 00:11:57,660 --> 00:11:58,660 Quickly. 191 00:12:05,500 --> 00:12:10,020 There is no good faith basis for the suggestion of consensual sex here, and 192 00:12:10,020 --> 00:12:12,360 knows it. My client says it's consensual. 193 00:12:12,680 --> 00:12:13,379 That's it. 194 00:12:13,380 --> 00:12:14,520 That's all he needs. 195 00:12:14,780 --> 00:12:17,520 Your Honor, it's bad enough the parents have to sit here and listen to the 196 00:12:17,520 --> 00:12:20,480 details. You can advise the parents to leave the room, Helen. In fact, why 197 00:12:20,480 --> 00:12:21,900 you? This is your defense? 198 00:12:22,990 --> 00:12:27,250 That the sex was consensual? This is his defense, Your Honor, and you can take 199 00:12:27,250 --> 00:12:28,390 me off whenever you please. 200 00:12:31,790 --> 00:12:36,030 Assuming that Mr. Young does in fact have a good faith basis for the 201 00:12:36,190 --> 00:12:40,150 I'll allow it. Your Honor. He's entitled to put on a defense, Counsel. 202 00:12:42,150 --> 00:12:43,430 But tread lightly, Eugene. 203 00:12:44,230 --> 00:12:45,230 Now step back. 204 00:12:50,150 --> 00:12:51,150 Detective. 205 00:12:52,080 --> 00:12:54,840 Is it possible the sex here was consensual, yes or no? 206 00:12:55,180 --> 00:12:57,560 I suppose it's possible, but there's... Thank you, sir. 207 00:12:58,760 --> 00:12:59,760 That's all. 208 00:13:12,220 --> 00:13:13,640 Sorry, ma 'am, no bags inside. 209 00:13:14,040 --> 00:13:16,720 Can I get a piece of paper? No, ma 'am, no writing materials. 210 00:13:20,040 --> 00:13:21,040 Sorry, ma 'am. 211 00:13:22,430 --> 00:13:23,429 What's wrong? 212 00:13:23,430 --> 00:13:25,090 Closed courtroom, only the lawyers. 213 00:13:25,330 --> 00:13:28,410 This is the man's wife. Orders of the court, ma 'am. No visitors. 214 00:13:31,030 --> 00:13:32,050 Okay, I'm sorry. 215 00:13:32,710 --> 00:13:33,710 I understand. 216 00:13:34,490 --> 00:13:37,310 Go ahead, Rebecca. Just please tell Bill I'm out here. 217 00:13:43,950 --> 00:13:47,050 I heard the screaming and I knew something wasn't right. 218 00:13:47,390 --> 00:13:50,790 So I opened my apartment door and looked out and, uh... 219 00:13:51,070 --> 00:13:52,070 There he was. 220 00:13:52,650 --> 00:13:54,610 This man right here? Yes. 221 00:13:54,890 --> 00:14:00,150 He was dressed ratty, like a bum, and he didn't smell too good either. 222 00:14:00,390 --> 00:14:01,530 Did he say anything? 223 00:14:01,850 --> 00:14:06,090 No, but as soon as he saw I was looking at him, he ran for the stairs. 224 00:14:06,530 --> 00:14:11,170 You're absolutely sure this is the man you saw leave Miss McLaughlin's 225 00:14:11,170 --> 00:14:14,130 apartment? Positive. Right after you heard screaming? 226 00:14:14,490 --> 00:14:15,490 That's right. 227 00:14:17,430 --> 00:14:19,730 Did you know the victim, Mrs. Lutkin? 228 00:14:20,220 --> 00:14:22,040 Not personally, but I'd seen her. 229 00:14:22,660 --> 00:14:23,700 Ever talked to her? 230 00:14:24,100 --> 00:14:25,100 Not really. 231 00:14:25,200 --> 00:14:26,740 So you don't know her voice? 232 00:14:27,960 --> 00:14:30,040 No. Wouldn't recognize her scream? 233 00:14:30,340 --> 00:14:34,680 Oh, no, but I'm assuming it must have been her. The scream came at the time 234 00:14:34,680 --> 00:14:35,619 was killed. 235 00:14:35,620 --> 00:14:36,620 You're assuming. 236 00:14:37,700 --> 00:14:39,580 Do you know many black people? 237 00:14:39,960 --> 00:14:41,360 Objection! Have any black friends? 238 00:14:41,580 --> 00:14:45,980 Mr. Young, what are you doing? Laying a foundation, Your Honor. A foundation for 239 00:14:45,980 --> 00:14:49,360 what? If I could be allowed to proceed, I'll get there. 240 00:14:50,380 --> 00:14:51,560 Do you recall the question? 241 00:14:52,060 --> 00:14:53,100 About black people? 242 00:14:54,000 --> 00:14:55,900 I don't really know any that well. 243 00:14:56,440 --> 00:15:00,780 But you know for sure it was my client, even though you saw him for just a 244 00:15:00,780 --> 00:15:02,060 moment from down the hall. 245 00:15:02,900 --> 00:15:06,020 Well, I don't know for sure. It could have been somebody else who looked 246 00:15:06,020 --> 00:15:07,160 like him, I suppose. 247 00:15:10,340 --> 00:15:11,340 Thank you, ma 'am. 248 00:15:11,880 --> 00:15:12,880 Nothing further. 249 00:15:13,780 --> 00:15:15,320 The witness may step down. 250 00:15:16,840 --> 00:15:17,840 Ms. Gamble? 251 00:15:19,230 --> 00:15:20,470 The Commonwealth, we're out. 252 00:15:21,830 --> 00:15:22,830 Mr. Young. 253 00:15:24,310 --> 00:15:25,630 The defense calls Dr. 254 00:15:25,890 --> 00:15:29,830 Donald Seidman. Oh, you gotta be kidding. Look, if I can't put on the 255 00:15:30,030 --> 00:15:33,570 why don't we just lynch him? Mr. Young is trying to make this about race. Move 256 00:15:33,570 --> 00:15:34,309 to strike. 257 00:15:34,310 --> 00:15:35,590 Counsel, get up here. 258 00:15:41,290 --> 00:15:44,610 I will hold both of you in contempt if there's another such outburst. 259 00:15:46,890 --> 00:15:47,829 Who is Dr. 260 00:15:47,830 --> 00:15:52,010 Seidman? He testifies white people can't tell one black man from another. 261 00:15:52,790 --> 00:15:57,250 Sorry? He's an expert on cross -racial impairment of eyewitnesses. This has 262 00:15:57,250 --> 00:16:01,370 rejected by other courts, plus Mr. Young gave no notice. I didn't know race 263 00:16:01,370 --> 00:16:05,290 would be an issue. You are the one making race an issue. If I can't call 264 00:16:05,290 --> 00:16:09,030 witness, I'll take you up, emergency appeal, and I want a mistrial. 265 00:16:11,070 --> 00:16:14,210 You may call Dr. Seidman. You're letting him run your court. 266 00:16:14,780 --> 00:16:16,700 I run my court, Ms. Gamble. 267 00:16:19,480 --> 00:16:23,460 If Dr. Simon is a buffoon, I will instruct the jury to disregard. 268 00:16:27,860 --> 00:16:31,420 He's been kept from his family for three weeks, and we don't know what he's been 269 00:16:31,420 --> 00:16:33,380 charged with. He hasn't been charged with anything. 270 00:16:33,780 --> 00:16:37,740 Then how and why are you holding him? He's being held as a material witness. 271 00:16:37,960 --> 00:16:38,579 To what? 272 00:16:38,580 --> 00:16:39,940 That information I can't reveal. 273 00:16:40,180 --> 00:16:43,840 How do I represent him if I can't be told why he's being held? 274 00:16:44,190 --> 00:16:46,790 This case involves information obtained through the Foreign Intelligence 275 00:16:46,790 --> 00:16:51,410 Surveillance Act. Mr. McNally, I appreciate your concern for national 276 00:16:51,490 --> 00:16:55,730 but I'm going to do my part to safeguard what is left of our Constitution. 277 00:16:56,290 --> 00:16:57,290 Get Mr. 278 00:16:57,470 --> 00:16:58,650 Habib into this courtroom. 279 00:16:58,930 --> 00:17:02,990 Let him see his lawyer and his wife, and we are going to make sure that he gets 280 00:17:02,990 --> 00:17:04,430 at least some kind of hearing. 281 00:17:04,810 --> 00:17:07,349 Your Honor, I don't think you have the authority to... Counsel! 282 00:17:08,970 --> 00:17:13,310 These are strange times, and nobody is quite sure who has what authority. 283 00:17:13,760 --> 00:17:16,819 I grant you. But you don't want to be testing mine. 284 00:17:17,359 --> 00:17:22,940 If I don't see Mr. Habibi in this room with his lawyer and his wife, you are 285 00:17:22,940 --> 00:17:24,200 going to be held in contempt. 286 00:17:30,360 --> 00:17:35,640 Many eyewitnesses have a hard time correctly identifying suspects who are 287 00:17:35,640 --> 00:17:36,640 another race. 288 00:17:36,960 --> 00:17:39,940 We call that cross -racial impairment. 289 00:17:40,760 --> 00:17:41,760 Is it common? 290 00:17:42,180 --> 00:17:43,770 Very. How do you know? 291 00:17:44,030 --> 00:17:49,590 From my work as a clinical psychologist, from my review of over 50 years of 292 00:17:49,590 --> 00:17:51,350 empirical studies on the subject. 293 00:17:51,650 --> 00:17:54,730 Are certain people more likely to suffer from this impairment? 294 00:17:55,650 --> 00:17:59,270 People unfamiliar with members of the race in question. 295 00:17:59,710 --> 00:18:04,190 They don't see black people very often. Suddenly they have to identify one. 296 00:18:04,890 --> 00:18:07,530 They're more likely to pick the wrong one. 297 00:18:08,430 --> 00:18:09,430 Thank you, Doctor. 298 00:18:17,840 --> 00:18:19,340 Blacks all look alike. 299 00:18:19,720 --> 00:18:21,480 Is that your scientific opinion? 300 00:18:21,800 --> 00:18:23,160 Objection. Sustained. 301 00:18:23,760 --> 00:18:28,560 Doctor, did you talk to Mrs. Szilagint about her identification of the 302 00:18:28,560 --> 00:18:29,560 defendant? 303 00:18:29,600 --> 00:18:34,640 No. Are you aware that there's no agreement in the scientific community 304 00:18:34,640 --> 00:18:36,740 cross -racial impairment even exists? 305 00:18:37,420 --> 00:18:40,200 Cross -racial impairment is real. 306 00:18:40,600 --> 00:18:45,780 When studies confirm what life has already taught us, to me, that's the 307 00:18:45,780 --> 00:18:46,860 proof you can get. 308 00:18:53,710 --> 00:18:54,950 He's trying to hang the jury. 309 00:18:55,410 --> 00:18:56,930 Should I call my own experts? 310 00:18:57,170 --> 00:19:00,750 I'm afraid the more I attack his defense, the more credible I make it 311 00:19:01,090 --> 00:19:02,990 Well, if you do nothing, it looks like you're conceding. 312 00:19:04,750 --> 00:19:07,010 He's made it about race because he's got nothing else. 313 00:19:07,790 --> 00:19:10,730 What he does have are four black jurors. Oh, please. 314 00:19:11,050 --> 00:19:12,050 And he's black. 315 00:19:14,310 --> 00:19:17,570 Race isn't the issue, but it probably won't be. 316 00:19:19,930 --> 00:19:22,470 But we can't be so naive as to rule out the possibility. 317 00:19:25,990 --> 00:19:26,990 Got a second? 318 00:19:38,470 --> 00:19:40,750 Look, you know it's an appointment, so... Oh, come on. 319 00:19:41,330 --> 00:19:45,390 Spare me the just -doing -my -job crap. Good lawyers manage without going 320 00:19:45,390 --> 00:19:48,290 racial. My client instructed me to put on a defense. 321 00:19:48,930 --> 00:19:50,730 That defense? As a matter of fact, yes. 322 00:19:51,330 --> 00:19:54,310 If you're here to wiggle off the moral hook... That's not why I'm here. 323 00:19:57,669 --> 00:19:58,669 He's going to testify. 324 00:20:01,210 --> 00:20:04,850 You'll be suborning perjury. Only if I know he's lying, which I don't. 325 00:20:05,210 --> 00:20:06,590 He says he's innocent, Helen. 326 00:20:08,490 --> 00:20:12,110 I think we should plead this. Or, in the alternative, you should tell the 327 00:20:12,110 --> 00:20:14,190 parents not to be there. It won't be easy to hear. 328 00:20:15,270 --> 00:20:16,270 Is that a threat? 329 00:20:17,070 --> 00:20:19,530 It would be unethical for me to make a threat. 330 00:20:20,890 --> 00:20:21,890 Wouldn't it, Helen? 331 00:20:22,950 --> 00:20:25,310 I won't be blackmailed into a plea deal. 332 00:20:28,780 --> 00:20:29,780 You done? 333 00:20:32,920 --> 00:20:33,920 Done. 334 00:20:44,540 --> 00:20:49,160 For your own emotional welfare, I'd say stay out of the room, but... But what? 335 00:20:50,040 --> 00:20:53,700 Well, strictly for the case, obviously it's better if you're in there. 336 00:20:54,000 --> 00:20:57,380 You look more like a monster saying the things he'll probably say with the 337 00:20:57,380 --> 00:20:58,380 parents present. 338 00:20:58,490 --> 00:21:00,570 What, you're going to attack my daughter? Is that how it works? 339 00:21:01,170 --> 00:21:02,590 Yes, it works that way sometimes. 340 00:21:06,410 --> 00:21:07,369 We'll be there. 341 00:21:07,370 --> 00:21:11,010 Are you sure? Yeah, we'll be there. Okay, but you have to stay under 342 00:21:11,750 --> 00:21:12,750 Fine. 343 00:21:15,230 --> 00:21:16,230 Okay, 344 00:21:19,170 --> 00:21:20,170 he's coming in. 345 00:21:20,250 --> 00:21:24,270 Dr. Ford, I'm going to ask you not to speak to him or hand him any items. 346 00:21:39,400 --> 00:21:40,660 Can they have some privacy? 347 00:21:41,460 --> 00:21:43,080 No, Dr. Ford is not a suspect. 348 00:21:43,580 --> 00:21:47,040 If she talks at all, and it appears like she's trying to pass coded information, 349 00:21:47,460 --> 00:21:50,980 she might become one. She's here to observe. Now, that's DOJ rules. 350 00:21:51,380 --> 00:21:53,100 You have two children to care for. 351 00:21:53,480 --> 00:21:54,860 Don't say anything. 352 00:21:55,200 --> 00:21:56,200 Understand? 353 00:21:58,400 --> 00:21:59,640 Why don't we all sit down? 354 00:22:03,360 --> 00:22:05,580 Mr. Habib, I'm Rebecca Washington. 355 00:22:06,540 --> 00:22:07,540 I'm your lawyer. 356 00:22:08,740 --> 00:22:10,140 We're about to have a hearing. 357 00:22:11,600 --> 00:22:14,620 I didn't ask for either a hearing or a lawyer. 358 00:22:17,440 --> 00:22:19,020 Your wife hired me. 359 00:22:19,960 --> 00:22:21,060 She should not have. 360 00:22:24,440 --> 00:22:29,460 Is my... Is my wife... My sons, are they all right? Have they been harmed? 361 00:22:30,100 --> 00:22:31,100 Bill, we're fine. 362 00:22:32,740 --> 00:22:34,180 Would you tell them we're fine, please? 363 00:22:36,840 --> 00:22:38,820 Do you have any idea why you're here? 364 00:22:40,820 --> 00:22:42,240 Miss... Washington. 365 00:22:43,980 --> 00:22:45,200 Help my wife understand. 366 00:22:45,980 --> 00:22:48,680 I did what I did because it was right. 367 00:22:50,060 --> 00:22:51,620 What the hell are you talking about? 368 00:22:53,360 --> 00:22:55,780 Tell the judge I'm ready to proceed. 369 00:23:00,380 --> 00:23:04,080 I'd see her in the park by campus, you know, just jogging. 370 00:23:04,800 --> 00:23:05,800 I'd wave. 371 00:23:06,460 --> 00:23:09,220 One time she stopped and we just talked a little. 372 00:23:09,680 --> 00:23:11,020 Tell us about your relationship. 373 00:23:11,820 --> 00:23:14,040 We'd meet late at night when nobody was around. 374 00:23:14,720 --> 00:23:18,100 When it got colder, that's when she started inviting me over to her place. 375 00:23:18,800 --> 00:23:20,300 And what would you do there? 376 00:23:21,240 --> 00:23:23,500 We'd talk, watch television. 377 00:23:24,360 --> 00:23:27,280 After a while, we started having sex. 378 00:23:28,480 --> 00:23:33,480 She said she always wanted to be with a black man. 379 00:23:34,880 --> 00:23:36,290 So... You know? 380 00:23:36,570 --> 00:23:42,450 Turning your attention to November 19th, the day Miss McLaughlin was killed, did 381 00:23:42,450 --> 00:23:43,450 you see her that day? 382 00:23:43,770 --> 00:23:44,770 Yes. 383 00:23:45,150 --> 00:23:50,530 Outside the market. I offered to carry her bags like I had done before, but she 384 00:23:50,530 --> 00:23:51,650 said she couldn't see me anymore. 385 00:23:52,170 --> 00:23:53,170 Did she say why? 386 00:23:53,310 --> 00:23:56,230 No. So I followed her, just trying to talk. 387 00:23:57,170 --> 00:23:59,950 When we got to her apartment, she said she was seeing another guy. 388 00:24:00,550 --> 00:24:02,910 I begged her not to break us up. 389 00:24:03,510 --> 00:24:05,050 We argued for a little bit. 390 00:24:05,919 --> 00:24:07,800 And she said that she loved me. 391 00:24:08,520 --> 00:24:10,700 Did you make love to her that day, sir? 392 00:24:11,020 --> 00:24:12,020 Yes. 393 00:24:13,200 --> 00:24:16,520 Afterwards, she said she was going to break up with that other guy that night, 394 00:24:16,580 --> 00:24:18,760 that he was supposed to be coming over that night. 395 00:24:19,460 --> 00:24:20,860 When I left, she was alive. 396 00:24:23,260 --> 00:24:24,260 Thank you, sir. 397 00:24:32,170 --> 00:24:35,570 Do you know if anyone ever saw you two at the park the day you met? 398 00:24:36,250 --> 00:24:37,189 I don't know. 399 00:24:37,190 --> 00:24:39,350 Do you know if anyone ever saw you at the apartment? 400 00:24:39,770 --> 00:24:41,550 No, I always came over there late at night. 401 00:24:41,910 --> 00:24:44,110 Anyone know anything about the relationship? 402 00:24:44,650 --> 00:24:46,350 No, she liked to keep it secret. 403 00:24:46,570 --> 00:24:50,270 So nobody can verify a single part of your story? 404 00:24:50,910 --> 00:24:54,750 I guess because of our different social places or whatever you want to call it. 405 00:24:55,850 --> 00:24:58,070 You know, she just liked to keep it between us. 406 00:24:59,710 --> 00:25:00,730 Mr. Johnson? 407 00:25:03,310 --> 00:25:04,750 This is your booking photo. 408 00:25:04,970 --> 00:25:09,710 This is what you looked like the day after Linda McLaughlin was killed. Is 409 00:25:09,710 --> 00:25:11,470 correct? Objection. Relevance. 410 00:25:11,750 --> 00:25:15,650 Overruled. I was upset when that picture was taken. You were homeless, filthy, 411 00:25:15,950 --> 00:25:20,650 off your meds, yet you expect us to... I'm not crazy. You expect the jury to 412 00:25:20,650 --> 00:25:22,890 believe the victim fell in love with this. 413 00:25:23,990 --> 00:25:26,130 Voluntarily had sex with this. 414 00:25:26,590 --> 00:25:30,450 willingly invited this into her apartment, her life, her bed. 415 00:25:30,730 --> 00:25:31,990 Objection. Sustained. 416 00:25:32,370 --> 00:25:33,750 Linda was a beautiful person. 417 00:25:34,330 --> 00:25:36,830 She loved all kinds of people. 418 00:25:37,850 --> 00:25:39,750 She didn't care what they looked like. 419 00:25:45,510 --> 00:25:52,330 You need to call that Collins 420 00:25:52,330 --> 00:25:56,040 girl. I don't know. It could end up backfiring on us with some of the 421 00:25:56,120 --> 00:25:57,620 You can't afford to be that sensitive, Helen. 422 00:25:58,120 --> 00:26:00,020 We try and be PC here, we lose. 423 00:26:00,780 --> 00:26:03,080 Collins refutes what Johnson just testified to. 424 00:26:03,580 --> 00:26:04,980 She's all we have to refute it. 425 00:26:05,180 --> 00:26:08,480 Part of our strategy is presenting sympathetic parents. Well, it can't be 426 00:26:08,480 --> 00:26:09,259 that now. 427 00:26:09,260 --> 00:26:12,420 It's about showing there was never a relationship between Johnson and the 428 00:26:12,420 --> 00:26:13,520 victim. Period. 429 00:26:14,060 --> 00:26:15,580 You know Eugene's ready for her. 430 00:26:16,120 --> 00:26:18,440 We have no choice. We need that witness. 431 00:26:19,200 --> 00:26:20,200 Call her. 432 00:26:23,920 --> 00:26:25,680 Do you know why you're in custody? 433 00:26:26,600 --> 00:26:30,540 The government believes I may have information about someone I think. I 434 00:26:30,540 --> 00:26:31,540 really know. 435 00:26:31,660 --> 00:26:36,700 He didn't do anything, but he may have known some people with ties to others 436 00:26:36,700 --> 00:26:38,000 are wanted for questioning. 437 00:26:38,420 --> 00:26:41,180 What information? What do they think you know? Objection. 438 00:26:41,660 --> 00:26:43,680 Sustained. You can't know that, Ms. Washington. 439 00:26:44,960 --> 00:26:48,660 You haven't talked to your family in weeks. Why did they keep you from 440 00:26:48,660 --> 00:26:49,660 to your family? 441 00:26:49,900 --> 00:26:52,160 They didn't. I chose not to call my family. 442 00:26:54,379 --> 00:26:58,900 Why? I was told anyone I spoke with would be subject to investigation. I do 443 00:26:58,900 --> 00:27:00,300 want to bring my family into this. 444 00:27:00,560 --> 00:27:05,680 My wife and children were born here. They have no connection to any Arab 445 00:27:05,680 --> 00:27:06,780 than me. 446 00:27:07,860 --> 00:27:09,020 Have you been interviewed? 447 00:27:09,900 --> 00:27:10,900 Many times. 448 00:27:11,420 --> 00:27:14,500 Did you know you had the right to have an attorney present? 449 00:27:15,760 --> 00:27:17,020 I waived my rights. 450 00:27:20,220 --> 00:27:21,460 You waived them? 451 00:27:23,430 --> 00:27:26,970 Voluntarily? I talked to them on my own. They didn't force me, not in any way. 452 00:27:27,590 --> 00:27:28,830 Did they make you afraid? 453 00:27:29,690 --> 00:27:30,690 Am I fearful? 454 00:27:30,750 --> 00:27:34,170 I guess I would say yes, but I have made all my decisions voluntarily. 455 00:27:35,170 --> 00:27:41,390 You voluntarily refused to speak to your family? I explained that. I didn't want 456 00:27:41,390 --> 00:27:42,390 to involve them. 457 00:27:42,790 --> 00:27:44,810 Calling your wife to say you're okay? 458 00:27:45,670 --> 00:27:47,290 That would involve her? 459 00:27:48,350 --> 00:27:49,890 I couldn't be sure it wouldn't. 460 00:27:50,780 --> 00:27:55,620 Mr. McNally, if Mr. Habib is not a suspect and he's cooperating, why can't 461 00:27:55,620 --> 00:27:58,420 home? We're learning new information all the time. 462 00:27:58,780 --> 00:28:02,760 From wiretaps, overseas contacts. He may know more than even he realizes. 463 00:28:03,100 --> 00:28:05,680 But he'll stay available to you. He's not going anywhere. 464 00:28:06,160 --> 00:28:10,180 He volunteered to help. We can't risk losing him. Look. 465 00:28:10,920 --> 00:28:13,680 We are trying to get the information we need to stop the potential murder of 466 00:28:13,680 --> 00:28:17,400 thousands of Americans. That means depriving some Americans of their civil 467 00:28:17,400 --> 00:28:21,600 rights. I don't like it, but that's how it is. You are imprisoning an innocent 468 00:28:21,600 --> 00:28:23,660 man. Ms. Washington, enough. 469 00:28:24,780 --> 00:28:28,520 If my country thinks I should be here, I will stay here. 470 00:28:29,980 --> 00:28:32,580 Your country? Yes. I am an American. 471 00:28:32,960 --> 00:28:34,400 I am serving my country. 472 00:28:36,740 --> 00:28:39,920 Mr. Habib, have you been tortured? 473 00:28:40,490 --> 00:28:43,910 No. Have you been mistreated physically in any way? 474 00:28:44,130 --> 00:28:46,770 No. And you do not oppose being held further? 475 00:28:46,990 --> 00:28:49,790 I do not. Your Honor, please wait. Ms. Washington, I'm sorry. 476 00:28:50,010 --> 00:28:52,130 In war, law is silent. 477 00:28:53,330 --> 00:28:56,510 Habeas motion is denied. Mr. Habib shall remain in custody. 478 00:29:03,490 --> 00:29:07,030 There is no way Linda McLaughlin was dating that man. 479 00:29:07,270 --> 00:29:09,250 You know that. We were real close. 480 00:29:09,920 --> 00:29:11,740 If she was dating someone, I'd know. 481 00:29:12,280 --> 00:29:14,680 Well, to your knowledge, was she dating anyone? 482 00:29:15,040 --> 00:29:19,060 Objection. Speculation. Goes to rebuttal. We can refute the existence of 483 00:29:19,060 --> 00:29:20,060 relationship. 484 00:29:20,300 --> 00:29:21,300 Proceed. 485 00:29:21,880 --> 00:29:23,460 She wasn't dating him. 486 00:29:24,420 --> 00:29:25,419 I'm sure. 487 00:29:25,420 --> 00:29:26,420 How do you know? 488 00:29:27,080 --> 00:29:28,540 We talked about it. 489 00:29:28,780 --> 00:29:31,560 About interracial relationships on occasion. 490 00:29:32,440 --> 00:29:38,140 She said... She said she wouldn't date African Americans. 491 00:29:39,980 --> 00:29:42,080 Ever. Those were her exact words? 492 00:29:42,480 --> 00:29:46,720 Yes. Among other things, she said her parents would have a big problem with 493 00:29:46,760 --> 00:29:48,180 particularly her dad. 494 00:29:49,400 --> 00:29:50,580 Thank you, McCollins. 495 00:29:55,020 --> 00:29:57,000 You didn't live with her, did you? 496 00:29:57,580 --> 00:30:01,440 No. So it's possible she was seeing him without you knowing? 497 00:30:02,140 --> 00:30:04,100 No, that's not possible. 498 00:30:05,580 --> 00:30:06,680 How can you know that? 499 00:30:07,260 --> 00:30:08,580 Because of what she said. 500 00:30:09,390 --> 00:30:12,830 That her parents would have a problem with her dating a black man. 501 00:30:13,150 --> 00:30:17,550 Yeah. Especially her father. Yeah. Her father's a racist, isn't he? Objection. 502 00:30:17,590 --> 00:30:18,589 Goes to bias. 503 00:30:18,590 --> 00:30:19,249 What bias? 504 00:30:19,250 --> 00:30:22,650 The victim concealed her relationship with my client because she feared her 505 00:30:22,650 --> 00:30:24,230 father, who hates black people. 506 00:30:24,430 --> 00:30:29,470 Objection. I'm warning you both for the last time. Mr. Young, move on. 507 00:30:30,190 --> 00:30:35,850 Ms. Collins, when you and Linda McLaughlin spoke of interracial 508 00:30:37,390 --> 00:30:38,890 What was your position on the matter? 509 00:30:40,750 --> 00:30:42,090 I was against them, too. 510 00:30:42,570 --> 00:30:47,330 So, Linda, knowing this, maybe she didn't want you to find out about her 511 00:30:47,330 --> 00:30:48,189 Daryl either. 512 00:30:48,190 --> 00:30:49,430 Objection. Speculation. 513 00:30:50,050 --> 00:30:53,570 Overruled. Maybe because she knew you were a bigot, Miss Collins. Linda just 514 00:30:53,570 --> 00:30:55,210 said she didn't want to date a black man. 515 00:30:55,650 --> 00:30:59,970 Objection. That is more than enough, Mr. Young. The witness may step down. 516 00:31:06,640 --> 00:31:08,180 I assume the parties rest. 517 00:31:08,840 --> 00:31:10,180 We have a rebuttal, witness. 518 00:31:10,460 --> 00:31:11,460 And who is that? 519 00:31:11,840 --> 00:31:13,700 Joe McLaughlin, the victim's father. 520 00:31:14,200 --> 00:31:16,980 Objection. I have legitimate reasons to call him. Name one. 521 00:31:17,320 --> 00:31:20,560 The DA's old witness just said the daughter had a motive to hide her 522 00:31:20,560 --> 00:31:24,440 relationship from her father. I'm allowed to pursue that. I would ask the 523 00:31:24,440 --> 00:31:27,620 for time to consult with Mr. McLaughlin. You can't have that right. He's my 524 00:31:27,620 --> 00:31:28,620 witness. Enough. 525 00:31:30,500 --> 00:31:35,420 Mr. McLaughlin, after lunch, you will take the stand. 526 00:31:49,390 --> 00:31:52,490 You swear to tell the truth, the whole truth, and nothing but the truth, so 527 00:31:52,490 --> 00:31:53,269 you God? 528 00:31:53,270 --> 00:31:54,270 I do. 529 00:31:54,290 --> 00:31:55,290 Be seated. 530 00:31:59,610 --> 00:32:03,950 Mr. McLaughlin, did you pressure your daughter not to date black men? 531 00:32:07,930 --> 00:32:09,370 I ask you a question, sir. 532 00:32:10,540 --> 00:32:14,020 My daughter was killed by that man sitting right there. Move to strike non 533 00:32:14,020 --> 00:32:16,820 -responsive. Instruct the witness to answer the question. 534 00:32:17,140 --> 00:32:18,880 Sustained. The jury will disregard. 535 00:32:19,780 --> 00:32:22,360 Please answer the question, Mr. McLaughlin. 536 00:32:23,680 --> 00:32:27,000 I never pressured my daughter not to date black men. 537 00:32:27,220 --> 00:32:29,240 Well, was she mistaken or did she lie? 538 00:32:29,880 --> 00:32:32,640 When she told Betsy Collins that you would have trouble with her having an 539 00:32:32,640 --> 00:32:35,780 interracial relationship like the one she had with my client. 540 00:32:36,220 --> 00:32:39,740 Objection. There was no relationship with your client. Was she afraid to tell 541 00:32:39,740 --> 00:32:40,699 you about it? 542 00:32:40,700 --> 00:32:44,560 Objection. I'm not a racist, Mr. Young. But you were against interracial 543 00:32:44,560 --> 00:32:45,560 relationships. 544 00:32:46,460 --> 00:32:49,180 Like any father, I wanted my daughter to have a good life. 545 00:32:49,860 --> 00:32:53,040 I was really worried about interracial relationships because they were subject 546 00:32:53,040 --> 00:32:53,979 to bigotry. 547 00:32:53,980 --> 00:32:55,400 Hatred. For the couple. 548 00:32:55,640 --> 00:32:57,440 I mean, for the kids. 549 00:32:57,840 --> 00:32:58,840 I see. 550 00:32:59,100 --> 00:33:01,800 So to protect her from bigots, you decided to become one. 551 00:33:02,280 --> 00:33:06,120 Objection. Withdrawn. She knew you'd disapprove if she did date a black man, 552 00:33:06,160 --> 00:33:09,820 didn't she, Mr. McLaughlin? She never dated that man. 553 00:33:10,040 --> 00:33:12,900 Because if she did, she would have told you all about it, right? 554 00:33:13,540 --> 00:33:15,260 Knowing how open -minded you can be. 555 00:33:16,440 --> 00:33:19,600 If he's black, it had to be rape. 556 00:33:20,860 --> 00:33:22,060 Right, Mr. McLaughlin? 557 00:33:22,800 --> 00:33:24,060 Objection. Sustained. 558 00:33:32,880 --> 00:33:35,380 He agreed to be held. For what? 559 00:33:36,040 --> 00:33:37,500 He didn't do anything. 560 00:33:39,920 --> 00:33:42,020 Are they torturing witnesses now, Rebecca? 561 00:33:42,260 --> 00:33:43,980 I cannot believe that. 562 00:33:44,220 --> 00:33:47,880 I mean, I've read it in the papers. Maybe the CIA is doing that now. You ask 563 00:33:47,880 --> 00:33:48,880 question yourself. 564 00:33:49,060 --> 00:33:52,980 Doctor, you know your husband, his personality, his demeanor. Did he seem 565 00:33:52,980 --> 00:33:53,980 maybe he'd been tortured? 566 00:33:55,960 --> 00:33:59,780 He seemed... He seemed what? 567 00:34:01,520 --> 00:34:02,520 Intent. 568 00:34:02,990 --> 00:34:04,970 on proving his loyalty to America. 569 00:34:08,010 --> 00:34:09,469 Desperate to prove it. 570 00:34:16,989 --> 00:34:19,070 Closing arguments are not evidence. 571 00:34:20,290 --> 00:34:23,310 Nothing the lawyers say is evidence. 572 00:34:24,050 --> 00:34:28,530 Your verdict must be based solely on evidence. 573 00:34:29,290 --> 00:34:31,010 They had an affair. 574 00:34:32,139 --> 00:34:34,699 The prosecution refuses to believe it. Why? 575 00:34:35,500 --> 00:34:39,900 The man in the parking lot sees a black man with a white woman and assumes he's 576 00:34:39,900 --> 00:34:40,900 hassling her. 577 00:34:41,040 --> 00:34:44,360 The woman in the hallway can't tell one black man from another, so the 578 00:34:44,360 --> 00:34:48,679 prosecution would have you believe that the only relationship that could be 579 00:34:48,679 --> 00:34:52,199 between a black man and white woman is killer and victim. 580 00:34:53,139 --> 00:34:56,620 The defendant was seen arguing with her in the parking lot. 581 00:34:57,100 --> 00:35:01,100 A witness watched him follow her home, angry. 582 00:35:02,000 --> 00:35:04,680 He was seen coming out of Linda's apartment. 583 00:35:05,100 --> 00:35:10,120 His prints were on the murder weapon. His semen was found in the victim. 584 00:35:10,620 --> 00:35:16,640 Neither the race of the defendant nor the victim should have any bearing on 585 00:35:16,640 --> 00:35:17,640 verdict. 586 00:35:17,880 --> 00:35:23,800 It is irrelevant and must not be considered by you in any way. Linda 587 00:35:23,800 --> 00:35:26,980 had a motive to deny her relationship with my client. 588 00:35:28,980 --> 00:35:30,280 She feared her father. 589 00:35:31,500 --> 00:35:37,440 Her father doesn't like black people. There's no evidence to suggest someone 590 00:35:37,440 --> 00:35:38,440 else killed her. 591 00:35:38,580 --> 00:35:41,520 No one else's prints were found anywhere in the apartment. 592 00:35:41,980 --> 00:35:45,960 The evidence points only to the defendant. 593 00:35:46,600 --> 00:35:51,060 Of course, his prints were on the land. He would visit her. He slept with her. 594 00:35:51,140 --> 00:35:53,100 They only looked for one defendant. 595 00:35:53,580 --> 00:35:59,740 Daryl Johnson is on trial, ladies and gentlemen, simply because he's black. 596 00:36:00,520 --> 00:36:07,440 All we ask is... Honor your 597 00:36:07,440 --> 00:36:08,440 oath. 598 00:36:20,680 --> 00:36:24,980 What's happening? 599 00:36:25,560 --> 00:36:30,340 Nothing. He's in custody. He's instructed me not to challenge it, and 600 00:36:30,340 --> 00:36:31,340 staying in custody. 601 00:36:31,580 --> 00:36:33,160 For how long? I don't know. 602 00:36:33,500 --> 00:36:34,760 The case is over. 603 00:36:35,820 --> 00:36:38,320 I'm working on the Neely interrogatories now, anyway. 604 00:36:39,600 --> 00:36:41,360 Okay. You all right? 605 00:36:44,000 --> 00:36:45,000 We're back. 606 00:36:46,460 --> 00:36:48,380 We're back to... Interning people. 607 00:36:49,380 --> 00:36:51,640 Sticking them in prison because of where they were born. 608 00:36:52,000 --> 00:36:55,300 It happened in World War II with the Japanese -Americans, and it's back. 609 00:36:56,040 --> 00:36:58,900 I mean, the government will apologize for it later, but then it'll be too 610 00:36:59,220 --> 00:37:01,600 Innocent people are having their lives ruined now. 611 00:37:04,720 --> 00:37:10,800 Mr. Habib, he thinks being a good American is giving up your rights, not 612 00:37:10,800 --> 00:37:11,800 fighting for them. 613 00:37:14,900 --> 00:37:19,260 Most people know that Arab Americans are Americans, Rebecca, and that there are 614 00:37:19,260 --> 00:37:20,260 neighbors. 615 00:37:20,360 --> 00:37:22,860 But everyone's afraid. 616 00:37:25,580 --> 00:37:26,580 Yeah. 617 00:37:58,380 --> 00:38:02,800 Let the record reflect that the parties are present and that the jury has 618 00:38:02,800 --> 00:38:05,240 returned. The defendant will please rise. 619 00:38:07,760 --> 00:38:12,540 Mr. Foreman, after the charge of murder in the first degree, I'll say you. 620 00:38:13,600 --> 00:38:16,360 Your Honor, the jury has a statement. 621 00:38:17,120 --> 00:38:20,900 You have a what? We were told it was our civic duty to serve on a jury. 622 00:38:21,390 --> 00:38:25,350 Because the Constitution guarantees every defendant the absolute right to be 623 00:38:25,350 --> 00:38:29,130 judged by a jury of his peers. This is not a forum for public... We were told 624 00:38:29,130 --> 00:38:32,530 that the American system, for all its flaws, is the best system in the world 625 00:38:32,530 --> 00:38:35,170 because of the concept of the citizen jury. 626 00:38:35,430 --> 00:38:38,610 Move for immediate reading of the verdict. But what we found... Sir! 627 00:38:40,630 --> 00:38:44,330 You have one more chance before you risk a finding of contempt. 628 00:38:46,850 --> 00:38:48,990 Have you all agreed on a verdict? 629 00:38:50,600 --> 00:38:57,420 What we've agreed on is that this has been about the most appalling spectacle 630 00:38:57,420 --> 00:38:58,740 we have ever seen. 631 00:39:00,340 --> 00:39:04,800 The only thing that should matter in here is, did the defendant or did he not 632 00:39:04,800 --> 00:39:05,800 commit the crime? 633 00:39:06,400 --> 00:39:08,600 Nobody here cares. Not her, not him. 634 00:39:11,640 --> 00:39:12,640 And not you. 635 00:39:14,100 --> 00:39:17,380 Nothing that's gone on here has been about giving the jurors the information 636 00:39:17,380 --> 00:39:18,380 they need. 637 00:39:18,860 --> 00:39:20,060 To make the right decision. 638 00:39:21,100 --> 00:39:27,080 A girl is dead. A man's freedom is at risk. If he killed her, his liberty 639 00:39:27,080 --> 00:39:28,080 be forfeited. 640 00:39:28,320 --> 00:39:29,820 And we're supposed to decide. 641 00:39:31,760 --> 00:39:33,700 Based on what, exactly? 642 00:39:36,460 --> 00:39:38,460 We want justice for the victim. 643 00:39:40,540 --> 00:39:41,960 But we can't provide it. 644 00:39:43,420 --> 00:39:47,560 Are you saying you cannot reach a unanimous verdict? 645 00:39:48,340 --> 00:39:49,340 No, Your Honor. 646 00:39:50,560 --> 00:39:52,640 What we're saying is we refuse to try. 647 00:39:54,360 --> 00:39:58,300 We have not reached a verdict. We will not reach a verdict. 648 00:39:59,500 --> 00:40:04,240 If you want to hold this in contempt, there's a certain justice in that 649 00:40:04,240 --> 00:40:05,700 contempt is what we feel. 650 00:40:16,940 --> 00:40:17,940 You are in contempt. 651 00:40:18,740 --> 00:40:21,780 Security, would you please take the jury into custody? 652 00:40:23,440 --> 00:40:25,160 I declare there's a mistrial. 653 00:40:26,120 --> 00:40:29,700 Ms. Gamble, you may ask for a date to begin the retrial. 654 00:40:31,440 --> 00:40:32,480 We're adjourned. 655 00:41:22,320 --> 00:41:24,000 The judge allowed me to withdraw. 656 00:41:24,620 --> 00:41:30,120 So for the next trial, you have my best wishes. 657 00:41:32,140 --> 00:41:33,140 Thank you. 658 00:41:35,920 --> 00:41:38,280 Well, they certainly reached a verdict on us anyway. 659 00:41:40,180 --> 00:41:41,180 Yep. 660 00:41:43,380 --> 00:41:46,460 Got a little ugly, but I don't think we were that out of line. 661 00:41:47,420 --> 00:41:49,120 It's a trial. What do they expect? 662 00:41:50,900 --> 00:41:51,900 I don't know. 663 00:41:53,000 --> 00:41:54,000 You know jurors. 664 00:41:57,740 --> 00:42:00,080 We can't beat ourselves up over this, Eugene. 665 00:42:04,420 --> 00:42:05,420 Nope. 666 00:42:06,260 --> 00:42:07,260 Heads high. 667 00:42:09,320 --> 00:42:10,320 Heads high. 51728

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