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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:00,010 --> 00:00:04,090 Previously on The Practice. You remember Miss Mayfield, his charge was shaking 2 00:00:04,090 --> 00:00:07,710 to death an 11 -month -old child that was entrusted to her care. 3 00:00:07,950 --> 00:00:08,950 I think she's innocent. 4 00:00:09,010 --> 00:00:12,050 The psychiatrist thinks you could be in denial. 5 00:00:13,190 --> 00:00:17,130 What? He makes room for the possibility that you don't even have a memory of it. 6 00:00:17,170 --> 00:00:18,410 That's why you passed a polygraph. 7 00:00:18,890 --> 00:00:21,050 You know the father of the victim. He's in the congregation. 8 00:00:21,390 --> 00:00:23,930 You think he could have done this? Don't you think we'd like it to be the 9 00:00:23,930 --> 00:00:26,950 father? History of abuse, tendency towards violence. 10 00:00:27,230 --> 00:00:29,870 But the doctors tell us the death was immediate. 11 00:00:30,350 --> 00:00:32,210 Evelyn Mayfield was the only one there. 12 00:00:32,470 --> 00:00:33,590 I'll give you manslaughter. 13 00:00:33,810 --> 00:00:38,730 I didn't kill him. And I will not say that I did do it just to get less jail 14 00:00:38,730 --> 00:00:40,330 time. Then we go to trial. 15 00:00:41,500 --> 00:00:45,840 boyfriend lives alone brother big house why not plan b them it might be worth a 16 00:00:45,840 --> 00:00:49,740 try give them a soft plan b did you murder your sister in frame george vogel 17 00:00:49,740 --> 00:00:54,380 you follow her to the bar then go to the motel that's thick i represent steve 18 00:00:54,380 --> 00:00:58,660 robin and his dad steve robin brother of the victim in your vogelman trial 19 00:00:58,660 --> 00:01:02,480 eugene accused him of being the killer we're suing you i can paint a pretty 20 00:01:02,480 --> 00:01:06,100 disgusting picture of you guys in front of a jury team plan b 21 00:01:07,040 --> 00:01:11,560 Okay, I've consulted three lawyers, all three say settle. I want to fight. So do 22 00:01:11,560 --> 00:01:12,600 I. Okay. 23 00:01:13,100 --> 00:01:17,320 Jimmy, you're first chair. What? What? Look, no offense, Jimmy, but shouldn't 24 00:01:17,320 --> 00:01:18,840 you be doing it? I mean, he's good. 25 00:01:19,180 --> 00:01:21,240 You're great. But we need our... Best. 26 00:01:45,360 --> 00:01:46,360 What's that? 27 00:01:47,100 --> 00:01:48,100 Oh. 28 00:01:48,900 --> 00:01:49,900 Christmas. 29 00:01:50,560 --> 00:01:51,920 Surely you've heard of it. 30 00:01:53,740 --> 00:01:56,600 It's the first week of December. 31 00:01:57,000 --> 00:02:00,020 The people who don't like Christmas are the people who get behind in their 32 00:02:00,020 --> 00:02:03,040 shopping. And the reason they get behind is because it sneaks up on them. 33 00:02:03,520 --> 00:02:05,060 It's not sneaking up in this office. 34 00:02:05,420 --> 00:02:06,620 Not under my watch. 35 00:02:08,220 --> 00:02:09,240 What's that on your head? 36 00:02:09,580 --> 00:02:11,400 Oh. It's a mistletoe. 37 00:02:12,000 --> 00:02:13,820 My friend Elaine invented this thingy. 38 00:02:14,490 --> 00:02:15,289 It's cute, huh? 39 00:02:15,290 --> 00:02:16,290 Yeah. 40 00:02:17,190 --> 00:02:18,230 It's 11 o 'clock. 41 00:02:18,590 --> 00:02:19,590 Why are you here? 42 00:02:20,690 --> 00:02:21,690 Couldn't sleep. 43 00:02:22,350 --> 00:02:23,249 Mayfield trial? 44 00:02:23,250 --> 00:02:24,750 Might as well work if I'm awake. 45 00:02:25,550 --> 00:02:26,970 You didn't have any chance. 46 00:02:27,350 --> 00:02:30,710 I mean, the baby died in her hands. Why are you so convinced she's guilty? 47 00:02:31,210 --> 00:02:34,150 She just gives me the EBTBs. You really think she's innocent? 48 00:02:34,610 --> 00:02:35,610 Yeah. 49 00:02:36,550 --> 00:02:38,310 Remember, she did pass the lie detector. 50 00:02:39,970 --> 00:02:41,870 Well, bleedings are all packed. 51 00:02:42,510 --> 00:02:44,050 Anything else you need, I'm about to go. 52 00:02:44,400 --> 00:02:45,400 Here, I'm all set. Thanks. 53 00:02:46,140 --> 00:02:50,520 And thanks for decorating the place. It looks great. 54 00:02:51,160 --> 00:02:53,700 Well, Christmas should be Christmas. 55 00:02:54,680 --> 00:02:55,680 Merry Christmas. 56 00:03:02,180 --> 00:03:06,020 Christmas should be Christmas. And a kiss should be a kiss. 57 00:03:07,180 --> 00:03:08,280 Get mistletoe. 58 00:03:08,520 --> 00:03:09,520 No. 59 00:03:58,800 --> 00:04:00,580 How can you not move for summary judgment? 60 00:04:00,900 --> 00:04:03,780 Because it won't fly, and it's... Still, you've got to try with the stakes so 61 00:04:03,780 --> 00:04:06,140 high. It'd be the same as our motion to dismiss, Eugene. 62 00:04:06,400 --> 00:04:09,820 The judge said this thing would turn on the facts. What about preserving appeal? 63 00:04:10,100 --> 00:04:13,380 If this were going to turn on law, he would have kicked it. If we push for 64 00:04:13,380 --> 00:04:15,360 summary judgment, it's going to look like foot dragging. 65 00:04:15,780 --> 00:04:20,420 Judge Papp holds grudges. He lets the jury see him. We do not want an 66 00:04:20,420 --> 00:04:22,019 judge in this trial. Let's calm down. 67 00:04:22,700 --> 00:04:23,980 Nobody's talking Christmassy. 68 00:04:27,820 --> 00:04:31,740 Every time we break, every recess, I want you to go to her, embrace. I want 69 00:04:31,740 --> 00:04:34,580 jury to remind that every chance we get that you believe in her. Absolutely. 70 00:04:35,400 --> 00:04:36,400 You doing okay? 71 00:04:37,980 --> 00:04:39,140 Believe it or not, I am. 72 00:04:40,420 --> 00:04:41,780 I'm in God's hands now. Evelyn. 73 00:04:45,060 --> 00:04:46,060 I know. 74 00:04:46,720 --> 00:04:50,320 All I'm saying is you're not in God's hands on this. You're in the jury's. 75 00:04:50,800 --> 00:04:53,100 And I don't want you to come across as a zealot. 76 00:04:53,740 --> 00:04:54,740 I get it, Bobby. 77 00:04:55,180 --> 00:04:58,000 Good. Okay, let's go. We got a cab waiting downstairs. It's cold. 78 00:05:02,440 --> 00:05:06,860 Good luck. Thanks. Bobby, I know you think Jimmy matches our best against 79 00:05:06,860 --> 00:05:07,860 silver, but... I heard that. 80 00:05:08,300 --> 00:05:09,300 What? 81 00:05:09,460 --> 00:05:12,560 Whatever you were saying behind my back. Listen, I gotta get to court. We'll 82 00:05:12,560 --> 00:05:13,560 talk about this later. 83 00:05:14,680 --> 00:05:16,340 You think I can't do this, Eugene. 84 00:05:16,580 --> 00:05:17,580 I know you can do it. 85 00:05:18,240 --> 00:05:19,360 Bobby. Bobby. 86 00:05:20,000 --> 00:05:21,000 Two things. 87 00:05:21,080 --> 00:05:22,380 One, good luck. 88 00:05:23,280 --> 00:05:26,690 Two... I'm sorry if I embarrassed you. I didn't mean to. 89 00:05:27,370 --> 00:05:30,310 But it was an awesome kiss. 90 00:05:30,990 --> 00:05:35,030 Not that I have any designs, but if your lousy personal life comes from any 91 00:05:35,030 --> 00:05:39,990 insecurity, you should know that 90 % of women are looking for a cute guy with a 92 00:05:39,990 --> 00:05:41,450 steady job who can kiss. 93 00:05:42,090 --> 00:05:43,150 You're three for three. 94 00:05:44,970 --> 00:05:46,510 Trial. Don't be late. 95 00:05:56,630 --> 00:05:57,630 And you? 96 00:05:57,830 --> 00:05:59,710 They suspended him from school. 97 00:05:59,990 --> 00:06:00,989 For what? 98 00:06:00,990 --> 00:06:02,170 For passing a few notes. 99 00:06:02,510 --> 00:06:06,250 It's the most ridiculous thing I ever heard of, and I want to take them to 100 00:06:06,250 --> 00:06:07,430 court. In here. 101 00:06:07,790 --> 00:06:10,670 And don't you be swatting him. I'm not going to swat him. 102 00:06:10,990 --> 00:06:15,250 You just keep the blinds open, because I don't trust you. I came here for some 103 00:06:15,250 --> 00:06:16,950 civilized lawyering. Swat anybody. 104 00:06:19,050 --> 00:06:20,050 In here, Michael. 105 00:06:22,890 --> 00:06:23,890 You can come. 106 00:06:27,850 --> 00:06:29,290 Sexual harassment? 107 00:06:29,770 --> 00:06:34,950 Yes. A few notes in the back of the classroom, and they bounce them. Well, 108 00:06:34,950 --> 00:06:35,950 was in these notes? 109 00:06:36,110 --> 00:06:40,250 Not much, Jess. You've got a crush on this girl, Kitty Nelson. 110 00:06:40,490 --> 00:06:44,390 You know, she finds one of these notes, she takes it home to her mental mother, 111 00:06:44,530 --> 00:06:47,210 her mother makes a complaint, and they bounce them. 112 00:06:47,490 --> 00:06:49,090 What was in the notes? 113 00:06:49,650 --> 00:06:50,650 Just stuff. 114 00:06:51,210 --> 00:06:52,470 What just stuff? 115 00:06:52,750 --> 00:06:55,970 You know, nice ass and stuff. Nothing bad. 116 00:07:00,470 --> 00:07:02,650 The autopsy was conclusive. 117 00:07:02,910 --> 00:07:07,850 Yes. It showed Kevin Barlow died from injuries consistent with shaken baby 118 00:07:07,850 --> 00:07:12,910 syndrome. Doctor, is it possible that these injuries could have been caused by 119 00:07:12,910 --> 00:07:13,869 an accident? 120 00:07:13,870 --> 00:07:19,590 No. There was extreme hemorrhaging in the bilateral anterior chamber and also 121 00:07:19,590 --> 00:07:20,590 retinal hemorrhaging. 122 00:07:21,240 --> 00:07:22,240 Which means? 123 00:07:22,560 --> 00:07:23,740 It was not an accident. 124 00:07:24,020 --> 00:07:26,240 The degree of force had to be severe. 125 00:07:26,840 --> 00:07:28,840 What about some other medical condition? 126 00:07:29,320 --> 00:07:33,680 Nothing in his prior medical records or my examination revealed any other cause 127 00:07:33,680 --> 00:07:34,659 for these symptoms. 128 00:07:34,660 --> 00:07:37,860 Is it possible to tell when the shaking occurred? 129 00:07:38,620 --> 00:07:42,300 Well, based on the acute conditions present, Kevin's death would have been 130 00:07:42,300 --> 00:07:43,300 almost immediate. 131 00:07:45,580 --> 00:07:49,580 Now, you found a contusion on Kevin Barlow's forehead, didn't you? 132 00:07:49,980 --> 00:07:52,520 Yes, but that... Which was about ten days old. 133 00:07:53,060 --> 00:07:57,100 That injury was not life -threatening and was, in fact, healing when he died. 134 00:07:57,340 --> 00:08:01,820 Isn't it true that a prior head injury could begin to bleed spontaneously in 135 00:08:01,820 --> 00:08:05,520 brain? Yes, but in this case, that wouldn't explain the extent of the 136 00:08:05,880 --> 00:08:09,540 Well, isn't it also possible that something could have happened to Kevin 137 00:08:09,540 --> 00:08:12,960 prior to being dropped off at Evelyn Mayfield's house? The likelihood of that 138 00:08:12,960 --> 00:08:14,520 so negligible that... Is it possible? 139 00:08:16,120 --> 00:08:19,180 I suppose anything is possible, but... Thank you, Doctor. 140 00:08:19,900 --> 00:08:20,980 You answered the question. 141 00:08:23,520 --> 00:08:24,740 How possible? 142 00:08:25,660 --> 00:08:31,040 Minuscule. The symptoms here suggest an immediate death, not one that occurred 143 00:08:31,040 --> 00:08:32,039 hours later. 144 00:08:32,159 --> 00:08:32,939 Thank you. 145 00:08:32,940 --> 00:08:37,620 But your findings don't conclusively exclude the boy dying hours later. 146 00:08:38,539 --> 00:08:40,679 We can't positively exclude it, no. 147 00:08:41,039 --> 00:08:42,220 Thank you, Doctor. 148 00:08:47,790 --> 00:08:51,710 We have been sitting here over an hour, Rebecca. You haven't given me anything. 149 00:08:51,990 --> 00:08:54,430 I said that I will talk to the principal. 150 00:08:54,870 --> 00:08:58,330 But I have to tell you, schools are big on sexual harassment policies. Big 151 00:08:58,330 --> 00:09:01,770 because all these rat lawyers got them running scared of getting sued. 152 00:09:01,970 --> 00:09:04,470 It is a big cover -your -ass disgrace. 153 00:09:04,870 --> 00:09:08,470 Yes, I'll stick that argument in a footnote and not lead with it. 154 00:09:08,920 --> 00:09:12,420 But that does give me an idea as to how the word ass slipped into his 155 00:09:12,420 --> 00:09:15,700 vocabulary. You be the lawyer, all right? Not the mother. 156 00:09:15,920 --> 00:09:19,400 Why are you two always fighting? I am not fighting. You watch your mouth, all 157 00:09:19,400 --> 00:09:23,600 right, Michael? You talk with some respect, plus which she might hit you. 158 00:09:23,860 --> 00:09:26,980 one more word like that and you can get yourself another rat. 159 00:09:27,500 --> 00:09:28,500 Are we clear? 160 00:09:31,500 --> 00:09:35,340 We're not all ophthalmologists, doctor. Would you explain retinal hemorrhaging? 161 00:09:35,560 --> 00:09:37,940 That's when blood vessels leak into the eye. 162 00:09:38,240 --> 00:09:42,120 But here, there were also retinal folds, where the retinas were essentially 163 00:09:42,120 --> 00:09:44,700 folded over, almost like contact lenses. 164 00:09:44,960 --> 00:09:48,420 These are both indicators that a child has been forcefully shaken. 165 00:09:49,040 --> 00:09:53,680 Now, would an individual suffering from retinal folds be able to focus their 166 00:09:53,680 --> 00:09:55,660 eyes or respond to visual cues? 167 00:09:56,100 --> 00:09:57,100 Absolutely not. 168 00:09:57,960 --> 00:10:02,400 So then I asked Evelyn Mayfield if the baby's eyes were tracking when he came 169 00:10:02,400 --> 00:10:03,580 her. She said yes. 170 00:10:03,820 --> 00:10:04,820 Which means what? 171 00:10:05,120 --> 00:10:07,940 Which means either she was lying or she killed him. 172 00:10:08,420 --> 00:10:09,760 Objection. Sustained. 173 00:10:10,200 --> 00:10:14,060 You didn't believe her. If the baby had been shaken before he came to her house, 174 00:10:14,120 --> 00:10:17,080 according to the doctors, it would have been impossible for him to track with 175 00:10:17,080 --> 00:10:18,080 his eyes like she said. 176 00:10:18,480 --> 00:10:22,160 If she really did see them track, he was shaken after he got there. 177 00:10:24,020 --> 00:10:28,680 Detective, when you use the word tracking, what do you mean? It means 178 00:10:28,680 --> 00:10:32,140 not someone's eyes could follow a visual cue moving back and forth. 179 00:10:32,430 --> 00:10:36,030 I see. Did you explain tracking to Evelyn Mayfield when you questioned her? 180 00:10:36,030 --> 00:10:37,090 I explain it? Yes. 181 00:10:37,410 --> 00:10:38,590 Did you explain the term? 182 00:10:39,610 --> 00:10:40,790 I don't think I did, no. 183 00:10:40,990 --> 00:10:44,510 In fact, you didn't know if Evelyn was even familiar with that term at the time 184 00:10:44,510 --> 00:10:48,190 you questioned her, did you? In her statement, she said the baby's eyes were 185 00:10:48,190 --> 00:10:51,230 tracking. She said it. I assume she understood the meaning. 186 00:10:51,730 --> 00:10:53,570 Yes, she used the word tracking. 187 00:10:54,010 --> 00:10:56,850 But that doesn't mean she meant responsive to visual cues. 188 00:10:57,350 --> 00:10:59,330 Then what did she mean? We don't know, do we? 189 00:10:59,570 --> 00:11:01,170 Maybe just that they were open. 190 00:11:01,450 --> 00:11:05,280 No! to strike. She's testifying. She's testifying. 191 00:11:06,420 --> 00:11:10,460 She's testifying. She's testifying. Auntie Em, come back. 192 00:11:10,960 --> 00:11:13,540 You sound like the Wicked Witch of the West when you object. 193 00:11:13,740 --> 00:11:15,280 Oh, you're Glinda. 194 00:11:16,400 --> 00:11:19,020 Did she understand tracking? 195 00:11:19,680 --> 00:11:20,680 Oh, yeah. 196 00:11:36,240 --> 00:11:37,980 You never should have put your hand down! 197 00:11:43,380 --> 00:11:44,380 Mommy! 198 00:11:50,220 --> 00:11:50,999 That's good. 199 00:11:51,000 --> 00:11:52,060 What is going on? 200 00:11:52,620 --> 00:11:54,600 What? We do this every night. 201 00:11:55,020 --> 00:11:56,020 What are you doing here? 202 00:11:56,240 --> 00:11:58,640 You weren't picking up. I need to talk to you. 203 00:11:59,480 --> 00:12:00,660 Is it deterred? 204 00:12:01,100 --> 00:12:03,940 It's already in my room. 205 00:12:09,420 --> 00:12:10,420 What's the matter? 206 00:12:10,560 --> 00:12:11,560 The kid's father. 207 00:12:11,800 --> 00:12:12,840 He goes up tomorrow. 208 00:12:13,320 --> 00:12:14,320 Yeah, so? 209 00:12:14,580 --> 00:12:16,980 How important do you think it is that we go after him? 210 00:12:17,340 --> 00:12:18,960 Like maybe he killed his son. 211 00:12:20,460 --> 00:12:21,460 How important? 212 00:12:22,200 --> 00:12:23,800 Hello, that's our whole theory. 213 00:12:24,560 --> 00:12:28,620 Lindsay, next week we go on trial for accusing the Robin kid of killing his 214 00:12:28,620 --> 00:12:32,800 sister. Now, if we plan B, the father, tomorrow on this case, guaranteed Tommy 215 00:12:32,800 --> 00:12:34,920 Silva will be making a big meal out of it. 216 00:12:35,240 --> 00:12:36,360 Think about how it will look. 217 00:12:36,920 --> 00:12:40,280 We screamed that a brother killed his sister, now a father killed his son? 218 00:12:40,580 --> 00:12:41,580 They're two different cases. 219 00:12:41,820 --> 00:12:42,820 Even so. 220 00:12:43,000 --> 00:12:45,740 Look, we can't get out of Evelyn's trial now. We've already started, and we 221 00:12:45,740 --> 00:12:47,580 can't not go after the father. That's our defense. 222 00:12:48,080 --> 00:12:51,540 The only choice here is to settle the Robin lawsuit, which is what I've been 223 00:12:51,540 --> 00:12:52,540 saying all along. 224 00:12:52,600 --> 00:12:57,820 And beyond that, Jimmy, he's a good lawyer. 225 00:12:59,640 --> 00:13:00,700 But I think... 226 00:13:01,180 --> 00:13:04,300 Everybody's having a hard time with you putting our survival in his hands. 227 00:13:04,420 --> 00:13:06,320 Eleanor and Eugene can't do it. They're involved. 228 00:13:06,720 --> 00:13:08,640 Well, then get outside council or go with you and me. 229 00:13:09,120 --> 00:13:10,120 But not Jimmy. 230 00:13:18,740 --> 00:13:23,900 You know, Lindsay, about a month or so ago, we exchanged a kiss and we never 231 00:13:23,900 --> 00:13:24,900 even talked about it. 232 00:13:25,920 --> 00:13:27,460 It was in the middle of the Pearson trial. 233 00:13:31,579 --> 00:13:32,600 Should we talk about it? 234 00:13:35,400 --> 00:13:39,060 Well, why are you bringing it up now when we're in the middle of another 235 00:13:39,740 --> 00:13:43,960 I don't know. It's just... It's not something you want to discuss? 236 00:13:45,920 --> 00:13:46,920 Not right now, no. 237 00:14:09,200 --> 00:14:12,500 I dropped my son off at Evelyn Mayfield's house that day. I waited in 238 00:14:12,500 --> 00:14:14,040 office. That was our routine. 239 00:14:14,360 --> 00:14:15,980 What time did you drop him off? 240 00:14:16,260 --> 00:14:18,200 It was around 8 .30 in the morning. 241 00:14:18,420 --> 00:14:23,720 About an hour and a half later, I got a call from the hospital saying that Kevin 242 00:14:23,720 --> 00:14:27,540 was... that my son was dead. 243 00:14:28,940 --> 00:14:33,800 Sir, the defendant claims your son was crying when you delivered him to her. 244 00:14:34,080 --> 00:14:37,820 He was hungry, but he wasn't upset or... Physically, he was okay. 245 00:14:38,440 --> 00:14:39,440 He was fine. 246 00:14:40,800 --> 00:14:45,760 From the time you left your house that day and arrived at Evelyn Mayfield's, 247 00:14:45,760 --> 00:14:47,440 and Kevin were alone together. 248 00:14:47,740 --> 00:14:48,679 Is that correct? 249 00:14:48,680 --> 00:14:52,860 Yes. There were no witnesses, no one else present during the 20 minutes 250 00:14:52,860 --> 00:14:53,960 you arrived at Evelyn's. 251 00:14:54,260 --> 00:14:57,440 Witnesses to what? Me behind the wheel and Kevin in the child seat and back? 252 00:14:57,680 --> 00:15:03,240 Well, when you arrived at Evelyn's that particular morning, Kevin was crying 253 00:15:03,240 --> 00:15:08,120 uncontrollably. He was not crying uncontrollably, counsel. He was just 254 00:15:08,460 --> 00:15:09,460 Why was he crying? 255 00:15:09,700 --> 00:15:10,880 He was probably hungry. 256 00:15:11,660 --> 00:15:15,740 There was a contusion on Kevin's forehead. You know anything about that? 257 00:15:15,740 --> 00:15:16,860 his head on a coffee table. 258 00:15:24,910 --> 00:15:28,790 You didn't hit your son, Mr. Barlow? Objection. I certainly did not. Ever 259 00:15:28,790 --> 00:15:29,669 your wife? 260 00:15:29,670 --> 00:15:33,910 Objection. Offer to show that this man has a history of violent behavior. Move 261 00:15:33,910 --> 00:15:37,050 to strike. The objection is overruled. Mr. Barlow, were you arrested for 262 00:15:37,050 --> 00:15:40,850 domestic battery stemming from an altercation between you and your wife? 263 00:15:40,850 --> 00:15:42,510 was a long time ago. That was a yes. 264 00:15:43,450 --> 00:15:44,730 Yes. You hit her. 265 00:15:45,010 --> 00:15:48,630 I lost my temper. You hit her. Yes. Open hand or fist. 266 00:15:51,319 --> 00:15:54,100 Open hand or fist, sir? It was more than nine years ago. 267 00:15:54,560 --> 00:15:55,560 Open hand or fist? 268 00:15:56,400 --> 00:15:59,620 Fist. Ever hit your son Kevin with an open hand or fist? Objection! It's 269 00:15:59,620 --> 00:16:00,960 badgering! All right, counsel. 270 00:16:01,220 --> 00:16:02,220 Did you hurt your son? 271 00:16:02,320 --> 00:16:03,480 Counsel, dial it back. 272 00:16:05,420 --> 00:16:09,020 If it's no, Mr. Barlow, all you have to say is no. 273 00:16:11,300 --> 00:16:15,060 No. I did not hurt my son. 274 00:16:19,560 --> 00:16:22,460 If you almost had him, I could see his face getting red. You think I should 275 00:16:22,460 --> 00:16:23,219 gone harder? 276 00:16:23,220 --> 00:16:29,300 Pretty interesting strategy in there. Plan B, right? Hey, Tom, what the hell 277 00:16:29,300 --> 00:16:31,920 you think you're doing? All right. Sticking your nose in a criminal trial 278 00:16:31,920 --> 00:16:33,060 the purpose of a civil case? 279 00:16:33,280 --> 00:16:36,420 Maybe I should report you to the bar. I'm just in there watching. Right now, 280 00:16:36,460 --> 00:16:37,460 you're talking. All right. 281 00:16:37,660 --> 00:16:39,940 Was this your only case? No, my biggest. Come on. 282 00:16:40,420 --> 00:16:41,420 Come on. 283 00:16:43,200 --> 00:16:44,720 The principal was understanding. 284 00:16:45,440 --> 00:16:48,820 But he said it's school policy. So, you can march into court if that's what you 285 00:16:48,820 --> 00:16:49,819 want to do. I do. 286 00:16:49,820 --> 00:16:50,820 Okay. When? 287 00:16:50,860 --> 00:16:52,760 Because he is missing school now. 288 00:16:53,160 --> 00:16:54,159 It's already scheduled. 289 00:16:54,160 --> 00:16:55,139 We go tomorrow. 290 00:16:55,140 --> 00:16:56,840 We meet here at nine, then go. 291 00:16:57,100 --> 00:16:58,039 All right. 292 00:16:58,040 --> 00:17:01,200 Just so we're clear, you don't talk. 293 00:17:01,600 --> 00:17:03,540 What if the judge asks me something? 294 00:17:03,920 --> 00:17:07,160 I will try to prevent that from happening, trust me. Don't be getting 295 00:17:07,160 --> 00:17:08,160 me. 296 00:17:08,910 --> 00:17:09,910 Hey, how'd you do? 297 00:17:10,069 --> 00:17:11,390 He stayed under control. 298 00:17:11,690 --> 00:17:14,569 Helen probably sat on him, and Silver was there taking notes. 299 00:17:14,890 --> 00:17:16,170 Oh, I got a meeting with him tomorrow. 300 00:17:17,390 --> 00:17:22,010 Silver? See if I could find his squeal point. We know each other some, so... 301 00:17:22,010 --> 00:17:24,390 Good. 302 00:17:28,569 --> 00:17:31,830 That bruise on his forehead was an accident. What happened? 303 00:17:32,310 --> 00:17:35,950 I just turned my back for a minute, and he bumped his head on the coffee table. 304 00:17:36,610 --> 00:17:37,610 Mrs. Barlow. 305 00:17:38,140 --> 00:17:42,740 Did your son have any other injuries or medical problems of any kind? 306 00:17:43,660 --> 00:17:44,660 No. 307 00:17:46,400 --> 00:17:50,880 My client had been caring for Kevin for over three months. Is that right? 308 00:17:51,160 --> 00:17:55,620 Yes. My husband and I both work days, so she watched him Monday through Friday. 309 00:17:55,840 --> 00:17:59,780 And over the course of the three months that Evelyn Mayfield was watching Kevin, 310 00:17:59,980 --> 00:18:01,860 he always seemed well cared for. 311 00:18:02,280 --> 00:18:06,060 Yes. In fact, you described her to your friends. 312 00:18:06,730 --> 00:18:10,990 As a great caretaker, didn't you? I've changed my position on that, Mr. Donald. 313 00:18:11,330 --> 00:18:16,650 Mrs. Barlow, honest answer, you don't know what happened once Kevin left your 314 00:18:16,650 --> 00:18:20,210 house that morning, do you? If you're suggesting that my husband could have 315 00:18:20,210 --> 00:18:22,230 involved, I absolutely know you're wrong. 316 00:18:22,430 --> 00:18:24,710 Because you have his word. And because I know him. 317 00:18:29,650 --> 00:18:31,730 Were you injured when he struck you? 318 00:18:32,110 --> 00:18:33,510 Objection! Overruled. 319 00:18:34,090 --> 00:18:35,090 Did he hurt you? 320 00:18:35,440 --> 00:18:39,600 That was a long time ago. The question was, when you went to the police station 321 00:18:39,600 --> 00:18:44,760 and filed a complaint for domestic battery, had you been injured? 322 00:18:45,000 --> 00:18:46,980 I had a small cut or so. It wasn't that bad. 323 00:18:54,440 --> 00:18:55,840 I'll show you these photographs. 324 00:18:57,340 --> 00:19:01,840 Marked defense exhibits one through three for identification. 325 00:19:20,460 --> 00:19:22,580 Do you recognize what they depict? 326 00:19:26,320 --> 00:19:27,320 That's me. 327 00:19:28,080 --> 00:19:29,180 With a small cut. 328 00:19:34,720 --> 00:19:37,820 Lindsay spends the morning with character witnesses, people from the 329 00:19:37,820 --> 00:19:41,900 mostly, parents of kids you've taken care of. I don't expect them to be cross 330 00:19:41,900 --> 00:19:44,980 -examined. After lunch, it'll be you. 331 00:19:45,340 --> 00:19:46,340 Okay. 332 00:19:51,660 --> 00:19:52,660 You ready? 333 00:19:52,960 --> 00:19:54,380 I just tell the truth. 334 00:19:55,580 --> 00:19:58,320 Well, it's not going to be that simple, Evelyn. 335 00:19:58,920 --> 00:20:00,400 Helen Gamble is good. 336 00:20:02,460 --> 00:20:04,640 And she can be pretty vicious. 337 00:20:04,920 --> 00:20:07,060 She can, Lindsay, let's admit it. 338 00:20:08,780 --> 00:20:10,460 Now, the big one. 339 00:20:11,100 --> 00:20:15,960 Those 40 minutes. You said you called 911 about 20 minutes after the baby was 340 00:20:15,960 --> 00:20:16,779 dropped off. 341 00:20:16,780 --> 00:20:19,100 But the call didn't come in until after 10. 342 00:20:20,370 --> 00:20:21,370 That's the hole. 343 00:20:22,310 --> 00:20:23,710 Have you given that any more thought? 344 00:20:24,370 --> 00:20:26,570 All I can say is what I remember. 345 00:20:27,530 --> 00:20:30,150 Maybe I got the time wrong. I believe you. 346 00:20:31,190 --> 00:20:35,530 But it may not sound believable. What should I do? Should I make something up? 347 00:20:38,710 --> 00:20:39,710 No. 348 00:20:40,470 --> 00:20:43,190 Well, what, they're going to convict me of murder because... 349 00:20:43,480 --> 00:20:44,720 I lost track of time? 350 00:20:44,940 --> 00:20:48,820 Yes, it could come down to that. Look, an 11 -month -old boy was killed. The 351 00:20:48,820 --> 00:20:51,940 jury is going to hold somebody accountable. But it wasn't me. 352 00:20:52,140 --> 00:20:53,680 You were the last one with him. 353 00:20:54,580 --> 00:20:57,600 Be prepared to be hit on those 40 minutes. 354 00:20:59,520 --> 00:21:03,060 You know, far be it for me to suggest this since you all hammered me the last 355 00:21:03,060 --> 00:21:04,420 time, but... But what? 356 00:21:05,080 --> 00:21:07,140 This is the deja vu to the Vogelman trial. 357 00:21:07,680 --> 00:21:09,920 Last thing with the victim, it has to be her. 358 00:21:10,350 --> 00:21:14,610 So? So, you've got the same public pressure on the DA's office. They need 359 00:21:14,610 --> 00:21:15,529 this conviction. 360 00:21:15,530 --> 00:21:19,110 Evelyn Mayfield is the only one they could possibly get it against, so she's 361 00:21:19,110 --> 00:21:20,110 one that they're going after. 362 00:21:20,870 --> 00:21:24,970 As much as you hated me for torpedoing Helen, you could do it again. 363 00:21:25,370 --> 00:21:26,370 What? 364 00:21:26,630 --> 00:21:27,630 Call her as a witness. 365 00:21:27,690 --> 00:21:28,910 Get the same testimony. 366 00:21:29,510 --> 00:21:33,030 Sometimes the choice of who they go after is linked to who they think they 367 00:21:33,030 --> 00:21:34,030 convict. I know. 368 00:21:34,110 --> 00:21:35,230 It's ass backwards. 369 00:21:35,750 --> 00:21:39,050 We can't call Helen as a witness. First, it would be a mistrial. Second, 370 00:21:39,150 --> 00:21:39,999 there's... So? 371 00:21:40,000 --> 00:21:41,600 Would a mistrial really be that bad? 372 00:21:42,980 --> 00:21:44,080 Where are you? 373 00:21:44,460 --> 00:21:45,460 I don't know. 374 00:21:46,180 --> 00:21:47,580 But we're not calling Helen. 375 00:21:48,680 --> 00:21:51,980 Well, it's another card you can play. 376 00:21:53,180 --> 00:21:54,180 Night. 377 00:22:01,400 --> 00:22:02,720 Where do you think we are? 378 00:22:04,380 --> 00:22:08,540 Well, I think she's innocent, Bobby. But the truth is... 379 00:22:09,480 --> 00:22:10,480 I don't know it. 380 00:22:10,880 --> 00:22:13,920 If the jury's where I am, we have reasonable doubt. 381 00:22:23,440 --> 00:22:24,480 It's a note. 382 00:22:24,920 --> 00:22:27,080 Passing a note in the back of a classroom. 383 00:22:27,300 --> 00:22:31,660 A note containing a sexual description. She's got a nice ass. 384 00:22:32,060 --> 00:22:33,340 It's sexual objectification. 385 00:22:33,920 --> 00:22:34,739 Come on. 386 00:22:34,740 --> 00:22:38,800 And as silly as it may seem, the policy at Brockton is no different from every 387 00:22:38,800 --> 00:22:41,940 other school across this country. That only makes it more ridiculous. 388 00:22:42,540 --> 00:22:47,360 He's ten years old. Kids write on bathroom walls. Kids pass notes. And 389 00:22:47,360 --> 00:22:51,380 he should do more than that? What if he commits a sexual assault? Well, then you 390 00:22:51,380 --> 00:22:54,800 suspend him. But for a note, you don't suspend him. The point is the school has 391 00:22:54,800 --> 00:22:58,680 notice of the note and therefore could be held liable if his behavior 392 00:22:58,680 --> 00:22:59,680 I knew it. 393 00:22:59,740 --> 00:23:01,940 This is just some cover -your -ass lawyer. 394 00:23:02,160 --> 00:23:03,160 Ms. Baylor. 395 00:23:05,710 --> 00:23:08,490 Your Honor, we are getting carried away here. 396 00:23:08,730 --> 00:23:12,730 Now, are you saying that your client is being treated unfairly under the policy 397 00:23:12,730 --> 00:23:16,470 or that the policy itself is unfair? 398 00:23:16,730 --> 00:23:21,650 I am saying if we are at the point where girls and boys can't talk to each other 399 00:23:21,650 --> 00:23:27,330 at school, if they can get suspended for passing notes, what is going on? 400 00:23:28,770 --> 00:23:32,710 They don't want to settle for nothing, but I try to settle for it. 401 00:23:34,510 --> 00:23:35,870 400's not going to do it, Jimmy. 402 00:23:36,290 --> 00:23:39,490 Tommy, even if you win, you're looking at automatic appeal. 403 00:23:39,930 --> 00:23:41,410 This case is threshold. 404 00:23:42,210 --> 00:23:44,110 Suppose the jury gives you a million. 405 00:23:44,390 --> 00:23:46,430 End of the day, present day value of four. 406 00:23:46,750 --> 00:23:47,870 Turns out to be more. 407 00:23:48,090 --> 00:23:49,090 I understand. 408 00:23:49,690 --> 00:23:50,690 Off the record? 409 00:23:51,510 --> 00:23:53,650 My client's wealthy. 410 00:23:53,990 --> 00:23:55,190 He's dying of cancer. 411 00:23:55,690 --> 00:23:56,830 It's not about money. 412 00:23:57,030 --> 00:23:58,610 He wants you guys out of business. 413 00:24:00,880 --> 00:24:02,320 At first, I thought he'd take a million. 414 00:24:02,760 --> 00:24:05,060 Clients come in mad, then they settle down. You know how it is. 415 00:24:05,300 --> 00:24:06,540 But he ain't settling down. 416 00:24:07,280 --> 00:24:09,040 He wants you guys selling your furniture. 417 00:24:09,840 --> 00:24:13,220 Client comes to me with that kind of revenge on his mind, I tell him, go get 418 00:24:13,220 --> 00:24:15,000 another lawyer. Oh, come on, Jimmy. 419 00:24:15,480 --> 00:24:16,780 Look what they did to this kid. 420 00:24:17,360 --> 00:24:18,440 You wouldn't take this case? 421 00:24:27,530 --> 00:24:31,330 I just had a sense that something wasn't right. Kevin usually didn't cry like 422 00:24:31,330 --> 00:24:33,030 that. How long did he cry for? 423 00:24:33,310 --> 00:24:35,710 Maybe 10 or 20 minutes or so. 424 00:24:36,450 --> 00:24:37,810 And then he finally stopped. 425 00:24:38,610 --> 00:24:40,270 So I put him down for his nap. 426 00:24:41,030 --> 00:24:44,250 And when did you realize that something was wrong? 427 00:24:45,010 --> 00:24:47,890 I checked on him about 15 minutes later. 428 00:24:48,910 --> 00:24:50,410 And he wasn't breathing. 429 00:24:52,070 --> 00:24:53,070 What did you do? 430 00:24:53,280 --> 00:24:57,100 I tried to give him CPR, but it just wasn't working. He wouldn't breathe. 431 00:24:57,900 --> 00:25:02,040 So I called 911, and finally the ambulance came. 432 00:25:03,240 --> 00:25:08,880 Now, Evelyn, the baby arrives at 8 .30. 20 minutes of crying, 15 -minute nap. 433 00:25:09,180 --> 00:25:12,500 You called 911 at 10 .07. 434 00:25:13,100 --> 00:25:18,900 That leaves 40 minutes I counted for. Maybe he cried longer, maybe he napped 435 00:25:18,900 --> 00:25:21,920 longer, or got there later. I honestly don't know. 436 00:25:23,160 --> 00:25:26,800 I'm not sure how long I did CPR before I called. 437 00:25:27,340 --> 00:25:30,220 And also, I was in shock, maybe. 438 00:25:30,760 --> 00:25:33,640 I guess the time frames could be off. 439 00:25:34,340 --> 00:25:36,540 But I never harmed that child. 440 00:25:36,980 --> 00:25:39,740 And the idea that I could have... 441 00:25:39,740 --> 00:25:44,700 Forty minutes. 442 00:25:45,640 --> 00:25:50,480 Kind of a lot to be off by. I've done my best to explain it. You were in some 443 00:25:50,480 --> 00:25:51,480 shock. 444 00:25:52,940 --> 00:25:56,480 Is it possible you maybe blocked out some time in your mind? I'm sorry? 445 00:25:56,780 --> 00:25:58,980 Something happened which you blocked out of your mind. 446 00:25:59,180 --> 00:26:00,480 I don't think that's the case. 447 00:26:00,780 --> 00:26:02,200 Oh, it's such a traumatic event. 448 00:26:02,520 --> 00:26:05,680 Certainly it's the first time you've ever discovered an unconscious baby. 449 00:26:06,360 --> 00:26:07,360 Isn't it? 450 00:26:08,740 --> 00:26:09,740 No. 451 00:26:11,200 --> 00:26:12,380 There was another one. 452 00:26:12,920 --> 00:26:14,140 A few years back. 453 00:26:14,600 --> 00:26:16,920 And I saved that baby performing CPR. 454 00:26:17,200 --> 00:26:18,179 You did? 455 00:26:18,180 --> 00:26:20,740 So you have experience with reacting to crisis? 456 00:26:21,120 --> 00:26:25,420 Yes. So seeing a baby not breathing, that wouldn't be so horrific to cause 457 00:26:25,420 --> 00:26:26,420 to block out time. 458 00:26:26,560 --> 00:26:28,420 That's right. What if you killed that baby? 459 00:26:28,920 --> 00:26:32,500 Objection! You don't have any experience doing that, do you? 460 00:26:33,080 --> 00:26:38,620 No, I do not, Miss Gamble. Think you might block that out? I did not harm 461 00:26:38,620 --> 00:26:39,620 baby. 462 00:26:41,700 --> 00:26:44,800 You know, something else struck me as funny. 463 00:26:45,700 --> 00:26:49,750 You never... called Mr. and Mrs. Barlow to tell them what happened, did you? The 464 00:26:49,750 --> 00:26:53,190 police called them. Yes, much later. But why didn't you? 465 00:26:53,510 --> 00:26:56,090 You're babysitting their child. He dies. 466 00:26:57,050 --> 00:26:58,050 You don't call? 467 00:26:58,590 --> 00:27:03,250 Everything was happening so fast. I was going to call them. 468 00:27:03,690 --> 00:27:08,330 The first thing was trying to save him. Yes, but why didn't you call them after 469 00:27:08,330 --> 00:27:11,550 you called the ambulance to let these people know what had happened? 470 00:27:12,150 --> 00:27:13,610 I was holding Kevin. 471 00:27:14,120 --> 00:27:18,300 Or after they took Kevin away, was there another reason why you didn't call? 472 00:27:20,900 --> 00:27:26,000 Is it possible that the reason you didn't call was because you couldn't 473 00:27:26,000 --> 00:27:27,000 face them? 474 00:27:27,120 --> 00:27:30,260 Because your conscience knew the truth about what you did? 475 00:27:30,520 --> 00:27:32,740 No, that is not possible. 476 00:27:36,690 --> 00:27:39,730 Manslaughter's still good. You just gave us grounds for appeal, prior bad act. 477 00:27:39,790 --> 00:27:43,270 That wasn't a bad act. She saved that other child, plus she opened the door. 478 00:27:43,270 --> 00:27:46,910 did not. Just take manslaughter. She didn't hit any home run in that. She's 479 00:27:46,910 --> 00:27:48,510 going to take manslaughter. She will if you tell her to. 480 00:27:48,730 --> 00:27:50,910 I won't tell her to, and I don't think that you make the elements. 481 00:27:51,150 --> 00:27:53,850 Look, this could go either way. We all know that. 482 00:27:54,390 --> 00:27:55,770 Why do you want to risk life? 483 00:27:56,150 --> 00:27:57,250 Manslaughter, she's out in five. 484 00:27:57,530 --> 00:27:59,870 You want to stay up all night working on a closing argument? 485 00:28:00,650 --> 00:28:01,710 You guys ever get tired? 486 00:28:01,990 --> 00:28:02,990 Excuse me, sir. 487 00:28:05,330 --> 00:28:07,550 Hey, Bobby, I'm just watching. It's legal. 488 00:28:07,910 --> 00:28:08,910 Yeah, yeah. 489 00:28:09,550 --> 00:28:11,290 How much of her testimony did you hear? 490 00:28:12,210 --> 00:28:13,370 The most, I think. 491 00:28:13,750 --> 00:28:14,750 Do you believe her? 492 00:28:15,370 --> 00:28:16,370 I don't know. 493 00:28:16,590 --> 00:28:17,970 But I don't disbelieve her. 494 00:28:20,250 --> 00:28:21,490 They're offering manslaughter. 495 00:28:21,750 --> 00:28:22,750 I wouldn't. 496 00:28:23,570 --> 00:28:25,690 Really? I don't think they made their case. 497 00:28:26,050 --> 00:28:27,050 Not on murder. 498 00:28:29,710 --> 00:28:33,050 Pretty soon, it'll be illegal for a boy to give a girl a flower. 499 00:28:33,720 --> 00:28:35,240 I share the petitioner's concern. 500 00:28:35,820 --> 00:28:40,820 I also share the notion that a school is a child's first introduction to 501 00:28:40,820 --> 00:28:44,880 society. It should be no less sexually charged just because they're children. 502 00:28:45,160 --> 00:28:50,800 In fact, because they're children, maybe these school policies are our best hope 503 00:28:50,800 --> 00:28:54,480 of one day curtailing gender hostility and discrimination. 504 00:28:55,360 --> 00:28:58,540 We're quick to say education beats retribution. 505 00:28:59,080 --> 00:29:01,540 So let the schools try to educate. 506 00:29:03,310 --> 00:29:04,710 I'm upholding the suspension. 507 00:29:05,330 --> 00:29:09,470 You've got to be kidding me. The world has gone upside down. 508 00:29:09,890 --> 00:29:10,890 I agree. 509 00:29:11,130 --> 00:29:14,910 But since passing a note as an adult could cost him a lot of money and even 510 00:29:14,910 --> 00:29:18,670 job, maybe it's best to give him the message now. 511 00:29:18,890 --> 00:29:24,510 And maybe it's time to change a stupid, ridiculous, god -awful, laugh -out 512 00:29:24,510 --> 00:29:25,670 -loud, dumb law. 513 00:29:27,090 --> 00:29:28,090 There's always that. 514 00:29:28,970 --> 00:29:32,930 The key is, Dr. Cabin, he testified possible death wasn't immediate. Remote, 515 00:29:32,930 --> 00:29:35,750 likelihood that... He said possible. You just keep hammering possible, possible, 516 00:29:35,830 --> 00:29:37,450 possible, doubt, doubt, doubt, doubt. 517 00:29:37,710 --> 00:29:38,710 I'm leaving. 518 00:29:38,750 --> 00:29:41,010 My father knew the hours I kept here. 519 00:29:45,010 --> 00:29:46,150 Lucy, what's your father do? 520 00:29:47,170 --> 00:29:48,170 He drives a cab. 521 00:29:48,530 --> 00:29:49,530 Why? 522 00:29:50,310 --> 00:29:51,310 Nothing. 523 00:29:51,650 --> 00:29:53,910 And, um, what about your mother? 524 00:29:54,550 --> 00:29:55,550 She's dead. 525 00:29:55,910 --> 00:29:57,350 Oh, I didn't mean to. 526 00:29:58,490 --> 00:30:00,130 I've heard you say parents. 527 00:30:00,710 --> 00:30:03,370 Yeah, well, sometimes I include step thing. 528 00:30:06,410 --> 00:30:10,130 What are 529 00:30:10,130 --> 00:30:15,910 you doing? 530 00:30:16,130 --> 00:30:19,010 We have to stay in reasonable doubt, Bobby. We can't just try to argue the 531 00:30:19,010 --> 00:30:19,869 father did it. 532 00:30:19,870 --> 00:30:20,870 I know. 533 00:30:21,990 --> 00:30:23,010 Can I ask you something? 534 00:30:25,090 --> 00:30:26,090 Are we a couple? 535 00:30:28,170 --> 00:30:29,570 I mean, a couple in waiting. 536 00:30:29,890 --> 00:30:32,210 We've kissed. We... What are we doing? 537 00:30:32,410 --> 00:30:33,570 Or not doing? 538 00:30:37,050 --> 00:30:39,590 What's going on? Are you dying? Why is it suddenly coming up? 539 00:30:39,850 --> 00:30:41,470 Well, isn't it strange that we don't address? 540 00:30:42,610 --> 00:30:43,870 Obviously, we have feelings. 541 00:30:44,170 --> 00:30:46,550 You're asking me if it's strange that you don't address your feelings? 542 00:30:47,090 --> 00:30:48,090 Well, I just insulted. 543 00:30:48,850 --> 00:30:51,450 Bobby, I was in love with you once. 544 00:30:52,190 --> 00:30:54,990 Maybe I still am, but I don't think... What? 545 00:30:55,510 --> 00:30:56,850 Do you really want to get into this? 546 00:31:04,290 --> 00:31:06,110 No. This isn't a great life. 547 00:31:06,550 --> 00:31:07,550 Great job. 548 00:31:07,910 --> 00:31:08,910 But life? 549 00:31:09,430 --> 00:31:13,730 Yeah. I need somebody to pull me out of this a little. And whatever you may be, 550 00:31:13,890 --> 00:31:16,710 you'll never be that. 551 00:31:18,710 --> 00:31:21,070 So we're not a couple in waiting? 552 00:31:22,550 --> 00:31:23,550 Truth. 553 00:31:28,360 --> 00:31:30,380 I could fall in love with you all over again if I let myself. 554 00:31:34,540 --> 00:31:35,540 But I won't. 555 00:31:38,220 --> 00:31:43,980 Their own medical expert told you that it was possible the injury could have 556 00:31:43,980 --> 00:31:49,040 occurred before Kevin Barlow arrived at Evelyn's house that day. 557 00:31:49,380 --> 00:31:50,560 He told you that. 558 00:31:51,360 --> 00:31:52,360 Possible. 559 00:31:53,380 --> 00:31:56,040 Kevin's father was alone with him. 560 00:31:56,810 --> 00:31:57,870 Did he shake them? 561 00:31:58,190 --> 00:32:00,310 We certainly have no evidence that he did. 562 00:32:00,630 --> 00:32:01,630 No witnesses. 563 00:32:02,370 --> 00:32:05,950 But they have no proof that he didn't. 564 00:32:06,370 --> 00:32:07,370 Do they? 565 00:32:07,550 --> 00:32:10,470 And he does have a history of violence. 566 00:32:11,670 --> 00:32:13,050 Evelyn Mayfield doesn't. 567 00:32:13,430 --> 00:32:18,250 You heard witness after witness after witness tell you they've never seen a 568 00:32:18,250 --> 00:32:22,390 of violence in this woman, or even anger for that matter. Their whole case is 569 00:32:22,390 --> 00:32:24,890 that she was with the baby at the time of death. 570 00:32:25,740 --> 00:32:30,100 Why, their own doctor says the injury could have preceded the boy coming into 571 00:32:30,100 --> 00:32:31,300 client's custody. 572 00:32:33,900 --> 00:32:35,140 Reasonable doubt? 573 00:32:38,900 --> 00:32:44,220 The doctor's testimony was that it was a virtual certainty that the baby's death 574 00:32:44,220 --> 00:32:45,220 was immediate. 575 00:32:45,700 --> 00:32:48,540 Oh, sure, they seize upon that word, possible. 576 00:32:48,820 --> 00:32:52,120 It's a great word, because it's so difficult to disprove a negative. 577 00:32:52,740 --> 00:32:53,740 Possible. 578 00:32:54,220 --> 00:32:55,900 Well, anything's possible, I guess. 579 00:32:56,660 --> 00:33:01,960 But that doctor told you that the baby's death was immediate and the defense has 580 00:33:01,960 --> 00:33:03,820 done nothing to contradict it. 581 00:33:05,640 --> 00:33:09,840 Maybe Evelyn Mayfield really does believe she didn't do this. 582 00:33:10,620 --> 00:33:15,540 Sometimes psychic anguish can just block out all memory. It's been known to 583 00:33:15,540 --> 00:33:16,540 happen. 584 00:33:17,260 --> 00:33:18,960 But she did do it. 585 00:33:19,660 --> 00:33:22,820 And deep down, she knows she did it. 586 00:33:24,220 --> 00:33:26,160 That's why she didn't call the parents. 587 00:33:26,620 --> 00:33:28,620 That's why she froze on the stand. 588 00:33:28,920 --> 00:33:32,980 And when all these people from her church march up there and say, Oh, she 589 00:33:32,980 --> 00:33:34,800 couldn't have. She couldn't have. 590 00:33:36,180 --> 00:33:38,880 Well, it probably makes it easier for her to think. 591 00:33:39,620 --> 00:33:40,680 She couldn't have. 592 00:33:42,240 --> 00:33:43,600 The death was immediate. 593 00:33:43,980 --> 00:33:48,540 She was the only one there. She cannot account for 40 minutes. 594 00:33:48,880 --> 00:33:53,400 40 minutes of blank time which coincides with the time of death. Of course. 595 00:33:53,370 --> 00:33:54,370 course she did it. 596 00:33:58,450 --> 00:34:00,910 Roberta, I couldn't sleep all night. 597 00:34:01,130 --> 00:34:05,810 I want to appeal. We can't appeal even if we could. He's a good kid. Well, 598 00:34:05,810 --> 00:34:07,230 nobody's saying he isn't. 599 00:34:08,590 --> 00:34:09,590 Are you okay? 600 00:34:10,469 --> 00:34:11,989 What chance has he got? 601 00:34:12,550 --> 00:34:16,330 You know, I try to get him to stop stealing, and the best way to do that is 602 00:34:16,330 --> 00:34:19,969 keep him in school, but the school throws him out, and the courts won't 603 00:34:20,730 --> 00:34:21,949 I'm all by myself. 604 00:34:23,210 --> 00:34:26,790 If Dad only comes to see him on weekends, and I try... Hey, hey. 605 00:34:28,570 --> 00:34:30,870 Nobody is blaming you here. 606 00:34:33,489 --> 00:34:35,230 He's getting away from me. 607 00:34:35,909 --> 00:34:38,350 You know, the last couple of years, he was a good kid. 608 00:34:38,570 --> 00:34:40,210 And now he's out stealing bikes. 609 00:34:42,790 --> 00:34:44,929 He needs something I can't give. 610 00:35:05,320 --> 00:35:06,320 What's up? 611 00:35:06,660 --> 00:35:09,600 Listen, everyone's nervous about you doing the Robin trial. 612 00:35:09,980 --> 00:35:11,720 Me, I think you can do it. 613 00:35:11,940 --> 00:35:13,240 We have a partner's meeting later. 614 00:35:13,540 --> 00:35:15,100 A partner's meeting? Our first one. 615 00:35:16,440 --> 00:35:17,440 In honor of me? 616 00:35:19,120 --> 00:35:23,440 I expect to get voted down, but tell me how you plan to try it. 617 00:35:24,860 --> 00:35:26,380 Does it matter? It might. 618 00:35:29,600 --> 00:35:33,320 Tommy Silver's gonna get up there and try to separate himself from lawyers. 619 00:35:33,870 --> 00:35:35,970 I think he's going to try to get the jury to send a message. 620 00:35:36,910 --> 00:35:39,290 I plan to be more of a little guy than Tommy. 621 00:35:39,870 --> 00:35:40,870 Play it simple. 622 00:35:41,430 --> 00:35:44,430 Tell him we had an innocent man faced with losing his life. 623 00:35:45,050 --> 00:35:46,170 And we fought for him. 624 00:35:47,950 --> 00:35:49,170 Bobby, we got to go. 625 00:35:49,490 --> 00:35:50,870 Right. We can call the chambers. 626 00:35:53,770 --> 00:35:55,970 I just received a question from the jury. 627 00:35:56,510 --> 00:35:59,990 I'll tell you how I plan to respond and then give counsel for the state and the 628 00:35:59,990 --> 00:36:02,930 defense the opportunity to make any comments or objections. 629 00:36:03,650 --> 00:36:07,830 The question is, well, actually it's two questions. 630 00:36:08,550 --> 00:36:10,710 First, they would like to know if they can have more water. 631 00:36:11,250 --> 00:36:15,010 Second, they would like to know if killing an infant in and of itself 632 00:36:15,010 --> 00:36:17,010 constitutes extreme cruelty. 633 00:36:44,290 --> 00:36:45,970 So, what's going on? 634 00:36:48,670 --> 00:36:52,710 They're deciding between murder one and murder two. 635 00:36:59,270 --> 00:37:00,270 How? 636 00:37:00,630 --> 00:37:03,450 The question was about extreme cruelty. 637 00:37:04,550 --> 00:37:07,470 One of the elements necessary for the first degree charge. 638 00:37:08,870 --> 00:37:11,150 Well, maybe they just didn't understand it. 639 00:37:14,640 --> 00:37:15,640 That isn't it. 640 00:37:16,720 --> 00:37:19,460 They're not deciding between guilt or innocence anymore. 641 00:37:20,800 --> 00:37:22,660 It's between first and second degree. 642 00:37:23,440 --> 00:37:28,320 I doubt that the DA would be even willing to offer manslaughter right now, 643 00:37:28,360 --> 00:37:32,140 but... I should at least try. 644 00:37:33,100 --> 00:37:36,500 No. Evelyn... I'm not going to agree to manslaughter. 645 00:37:36,840 --> 00:37:40,940 Are you even listening to what I'm telling you? God won't let them convict 646 00:37:41,180 --> 00:37:43,800 I know he won't. I know it. 647 00:37:44,120 --> 00:37:47,080 Listen, I think God has dropped the ball here. 648 00:37:47,660 --> 00:37:52,320 Either that or Helen Gamble got to him. You need to prepare yourself. It's not 649 00:37:52,320 --> 00:37:53,320 going to happen! 650 00:38:03,240 --> 00:38:04,640 He's going to take care of me. 651 00:38:08,400 --> 00:38:11,280 Now, if you could excuse me, I need to pray. 652 00:38:12,940 --> 00:38:13,940 Honey. 653 00:38:14,910 --> 00:38:16,790 Maybe we should listen to what he's trying to say here. 654 00:38:17,350 --> 00:38:18,350 I need to pray. 655 00:38:35,690 --> 00:38:39,470 I couldn't believe it. Her face. She had this religious blank stare. She looked 656 00:38:39,470 --> 00:38:42,540 like... Can it stop? I'm trying to tell her she's facing life in prison and she 657 00:38:42,540 --> 00:38:44,280 doesn't even hear me. Have they come back with a verdict? 658 00:38:44,600 --> 00:38:46,500 Not yet. I told you she was guilty. 659 00:38:47,420 --> 00:38:49,520 EBGB, lady. Shake, rattle, and roll. 660 00:38:49,780 --> 00:38:50,780 Lucy. 661 00:38:55,640 --> 00:38:57,220 It's not that we don't think he's any good. 662 00:38:57,500 --> 00:39:01,100 Then why are we sitting here? Because this isn't just any case. Our whole 663 00:39:01,100 --> 00:39:02,100 rides on it. 664 00:39:02,120 --> 00:39:05,500 Jimmy may be good, but he certainly isn't our best. We could hire better, 665 00:39:05,500 --> 00:39:06,399 outside counsel. 666 00:39:06,400 --> 00:39:09,940 I've seen Tommy Silva at work. He plays the regular guy thing like a violin. 667 00:39:10,180 --> 00:39:13,040 That's exactly why we... Jimmy's style, I still believe, is the perfect counter. 668 00:39:13,160 --> 00:39:14,680 Lindsay, remember how he did in the Powerlines case? 669 00:39:15,020 --> 00:39:20,000 Yeah. The case against us is stacked. Dead sister, brother accused, life 670 00:39:20,160 --> 00:39:23,840 father dying, the evil criminal defense lawyer. This case is tailor -made for 671 00:39:23,840 --> 00:39:27,140 Tommy Silva. He will tap into the people's contempt for lawyers. 672 00:39:27,780 --> 00:39:29,840 Jimmy is a teddy bear. He's good. 673 00:39:30,360 --> 00:39:32,720 In my opinion, he represents our best chance. 674 00:39:33,120 --> 00:39:34,500 All right, why don't we just take a vote? 675 00:39:34,980 --> 00:39:35,980 All again. 676 00:39:41,720 --> 00:39:42,720 All four. 677 00:39:43,180 --> 00:39:44,420 Mine counts for two, remember? 678 00:39:49,340 --> 00:39:52,640 Rebecca, you're a partner, too. You could take all your property away as 679 00:39:52,700 --> 00:39:54,540 Eleanor, let her make up her own mind. 680 00:39:56,720 --> 00:39:57,720 I'm with Bobby. 681 00:40:03,050 --> 00:40:04,990 Three to three, I decide tiebreakers. 682 00:40:05,330 --> 00:40:10,050 Jimmy's got the case. You basically have three votes now? It's in the 683 00:40:10,050 --> 00:40:12,430 partnership. Jimmy will first chair. I'll be second. 684 00:40:13,370 --> 00:40:14,370 Who won? 685 00:40:14,450 --> 00:40:18,150 The jury's back now. 30 minutes. 686 00:40:23,170 --> 00:40:25,090 Jimmy, quick vote. Your case. 687 00:40:25,370 --> 00:40:26,370 Congratulations. 688 00:40:26,410 --> 00:40:27,410 You'll do great, Jimmy. 689 00:40:27,610 --> 00:40:28,610 Good luck, buddy. 690 00:40:49,390 --> 00:40:50,950 Will the defendant please rise? 691 00:40:59,670 --> 00:41:01,970 Mr. Foreman, the jury has reached a verdict. 692 00:41:02,170 --> 00:41:04,030 We have, Your Honor. What say you? 693 00:41:06,650 --> 00:41:07,650 Commonwealth v. 694 00:41:07,670 --> 00:41:10,950 Evelyn Mayfield on the count of murder in the first degree. 695 00:41:11,510 --> 00:41:14,890 We find the defendant, Evelyn Mayfield, not guilty. 696 00:41:17,390 --> 00:41:21,570 On the count of murder in the second degree, we find the defendant, Evelyn 697 00:41:21,570 --> 00:41:23,810 Mayfield, guilty. 698 00:41:24,930 --> 00:41:27,730 The bailiff will take the defendant into custody. 699 00:41:28,470 --> 00:41:31,330 The jury is dismissed with the thanks of the court. 700 00:41:32,190 --> 00:41:33,250 We are adjourned. 701 00:41:42,570 --> 00:41:43,810 I'm filing a motion. 702 00:41:44,640 --> 00:41:48,600 For the judge to consider reducing the verdict to manslaughter, I don't expect 703 00:41:48,600 --> 00:41:49,980 it to fly. We can appeal, right? 704 00:41:52,060 --> 00:41:53,740 Yeah. We'll appeal. 705 00:41:54,240 --> 00:41:55,240 We'll win. 706 00:41:55,400 --> 00:41:56,620 It won't end like that. 707 00:41:57,140 --> 00:41:58,220 It'll be okay, Bobby. 57809

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