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Previously on The Practice.
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Look, I've tried to fit in.
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And I realize it's probably my fault
that I don't. But let's just all admit
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not working.
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I won't admit that. I think you've been
doing great.
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You're the only one who's been nice.
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And Jimmy, sometimes Rebecca and Eleanor
when she's not riled. You're working
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out, I promise.
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There's a medical bag on the floor right
here.
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Ha ha.
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Got you good, didn't I?
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Eleanor! It was a joke, for God's sake!
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You have no legal right to do anything.
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Legal? What about moral right?
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That oath you're about to take tomorrow
has nothing to do with moral right. Oh,
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police spoken just like a true defense
attorney. But you are on this case.
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My New Year's resolution was to move
ahead.
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And everybody certainly thinks that was
mine, don't they?
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I'm not going anywhere.
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I'd rather fire you. You can't just fire
me. I'm a partner.
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Yeah, you are.
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Okay, manicure, 3 o 'clock.
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Pedicure, 3 .30.
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Facial, 4 .15.
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Full body, 5.
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Then we go to hair.
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I have been so waiting for this day. You
still think we can get out by lunch?
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I've just got my PC on the boat, guys.
Should be done by 11.
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Jimmy's case?
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Yeah, we've already made a deal on
manslaughter pending probable cause,
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You think I should have a softer look?
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What? I'm thinking of going softer with
my hair.
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I'm told juries are finding me a little
harsh.
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You think I should go softer?
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Well, Helen, I mean, your style is kind
of, you know, queen bitch killer B.
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Doesn't Harsh go with that?
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Why, yes, Lindsay. Harsh would go with
that.
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You win almost all of your cases. What's
to change?
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Well, I wouldn't mind getting asked out
on a date.
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But if you go with a softer look, you
might get hit on by nice guys. Yeah?
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You don't want a nice guy.
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You only like crazy guys, or at least a
guy that can make you crazy. That is so
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untrue. Name one guy you've been with
that didn't have some dark, twisted...
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Bobby! And it died quickly.
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And not because he was a nice guy,
because you were sleeping with him. I
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sleeping with him. Oh, and that was
before you, Helen. We got together
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I like nice guys.
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Helen, you like twisted guys.
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Is that really true?
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Well, you think I should see somebody
about it?
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You might.
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Know any dark, demented, twisted
shrinks?
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Take you a day. Two tops.
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Okay. Nice Lou Jack, Eugene.
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It's not a Lou Jack.
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What's a Lou Jack?
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Lindsay turfed it to me. She's having a
maintenance day. What's going on? Oh,
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Lindsay's maintaining. She turfed the
case to Eugene. Now he's Lou Jacking
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Rebecca. I can't find my date planner.
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What's a Lou Jack? It's when you dump a
case you don't want onto somebody else.
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It's a prelim. It's a good experience.
Lou Jack.
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I left it right here. That's not even a
word. Show me where it says Lou Jack in
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the dictionary.
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It's okay. I want to do this. Let me
guess. This is a drug prelim?
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Possessions of a controlled substance.
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You, Jack.
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Where you going?
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PC on my life jacket, Kim. I thought you
played up. Only assuming they make PC.
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What?
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What? Don't you think that's a little
brisk for January?
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Oh, this?
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Yeah, I read an article that, you know,
sexy -looking receptionists actually
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help lawyers land clients.
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So, not what the hell.
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We'll see.
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What? Well, there's sexy Lucy, and then
there's, uh, slut.
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I'm not a slut. I didn't say you were
one. Yeah, I can show you the article.
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Dolly, I'm doing slut.
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Fret.
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Hey, slow down, bub. I'm only using one
ear.
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Bite my head off.
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Bobby. He says he's a friend.
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Hello?
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Ted.
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Okay.
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Okay, slow down.
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When?
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Okay.
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Okay. Are you sure she's dead?
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All right. No, don't call anybody. I'll
be there.
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It'll take me 20 minutes. Just wait
right there.
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Joey Herrick, right? He's dating again.
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Not Joey Herrick.
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Eugene, you free?
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I can be.
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I'll fill you in on the way.
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Well, what about me?
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Who's going to fill me in?
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Where's Julie?
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She's up in her room.
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Is she okay?
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I don't know.
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How... Mary?
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How you doing?
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I can't... I can't believe this is
happening.
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Okay.
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Where's... She's in the kitchen.
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We didn't even know she was pregnant.
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We didn't even... Okay, Dad, Dad, have a
seat.
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We didn't even know she was pregnant.
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But it makes no sense to waive probable
cause, so I want to go through with it.
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But it's pretty much pro forma. We'll
cop to manslaughter right after.
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And you think three years?
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No record. Good behavior. I don't see
any reason why not.
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You're a good lawyer, right?
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I run hot and cold.
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I was just walking down the street
minding my own business. And that cop,
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just stopped me.
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No reason.
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But the drugs were yours.
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Two tiny packets in the watch pocket.
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No way he could care.
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For the prelim, all they have to
establish is that a crime has been
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But they just can't go around searching
people for no reason. Can't you find one
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of them squash motions?
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Motion to quash. Yeah, find one of them.
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We can do that for the trial court with
the prelim. Miss Washington, you gotta
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make this go away.
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With my priors, I'm facing serious time
here.
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Wouldn't that be incentive to give up
the drug life?
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That cop stopped me because I was in the
wrong place at the wrong time with the
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wrong color skin.
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You've got to help me.
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She gave birth in the middle of the
night in a room.
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She was alive?
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Yes.
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And you didn't hear it?
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No.
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God, I still can't believe.
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It's like I'm talking about when did you
first see the baby?
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This morning. I was coming down the
stairs and I suddenly heard a scream
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from her room.
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Like I've never heard her scream.
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I ran back up.
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She was holding a baby.
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Trying to make it breathe.
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It wasn't brief.
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I need to talk to your daughter.
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We first pulled him on board.
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The defendant?
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Yes. He said there had been some kind of
explosion on his fishing boat. It sank,
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and he and his partner, they had been in
the water for almost three hours.
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Did he say anything else?
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Said his partner was still out there,
and then one of the crew members of my
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boat spotted him, and we pulled him on
board.
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Could you describe his condition?
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Bad. He was bleeding from a head wound.
He was near death.
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Did he tell you how he got the head
wound?
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Objection. Overruled.
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He said the defendant wanted the life
jacket and that the defendant hit him
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the head with a piece of wood and
removed the life jacket and put it on
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And did he say anything else?
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No, he got kind of groggy.
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He died as we were heading back to
shore.
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The parties stipulate that the cause of
death for Mr. Terrence was a hematoma
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caused by a fractured skull. That's all.
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Mr. Ruluti.
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He said Mr.
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Forbes hit him with the wood. He
referred to him as David.
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David hit me and stole my life jacket.
That was basically it.
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Okay.
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I think that's all, Your Honor.
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Your Honor, one second.
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I'm co -counsel with Mr. Belluti. I'd
like to confer.
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Make it quick.
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Is that their whole case?
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Well, they removed fragments from his
head that matches the wood he was
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to. He could have got hit during the
explosion.
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Has your guy talked?
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No. He's hit? Well, three others on
board also heard what he said.
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Dying declaration, Lindsay.
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Can I try something?
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Be my guest. Mr.
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Brown, when you pulled Mr. Terrence on
board, Did he say anything about his
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condition? Just that he knew he was hurt
real bad, pointing at his head.
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Did he say anything to you that
indicated he knew he was going to die?
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I think he knew. I'm not asking what you
think.
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Did he indicate any knowledge on his
part that he was about to die?
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Not directly.
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And did you say anything to him? Did you
try to comfort him?
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Yes. Like how?
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You know, hang in there, we'll get you
to the doctor. So you were trying to
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him hope?
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Yes. I certainly didn't tell him to give
up.
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So it's possible he thought he might
live.
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I guess.
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Sure. Your Honor, I move to strike all
of this testimony its hearsay. The dying
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declaration exception doesn't apply
unless the declarant knows he's dying.
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haven't made a showing that he did.
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I think he did know. Excuse me, sir.
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Ms. Gamble, have you got anybody else?
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Do I need anybody else?
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I wouldn't stop here.
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I can get another witness in here after
lunch, Your Honor. We're adjourned until
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then.
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Nice. Helen, we have to take the shot.
There goes our manicure, Lindsay. We'll
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be lucky now to make the facial.
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See you.
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The cop who arrested you?
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I did some checking.
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He has had a few of his cases kicked.
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He's a little aggressive.
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This is what I'm telling you.
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A client of mine got busted by this guy
once.
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00:12:18,350 --> 00:12:21,350
Yes, maybe we can call your clients as
character witnesses.
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Miss Washington, are you going to fight
for me or not?
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Nobody knew you were pregnant.
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No.
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00:12:34,230 --> 00:12:35,690
You never went to the doctor?
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00:12:36,370 --> 00:12:41,110
Nobody? I just wore baggy clothes,
which... What about the father?
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He was the guy I dated for a couple of
months.
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I haven't told him.
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00:12:48,370 --> 00:12:52,350
So last night you gave birth all by
yourself?
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Yes.
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She came out okay.
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And I was going to drop her off at the
hospital this morning.
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00:13:03,290 --> 00:13:08,470
When I heard Daddy's footsteps, I
thought he was coming into my room. And
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00:13:08,470 --> 00:13:10,590
put her in the closet in a box.
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00:13:13,130 --> 00:13:19,030
stuff over the top i was afraid she'd
cry and daddy would hear
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it was less than a minute i think how
many
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coats did you put on top i don't know i
just threw a bunch of clothes over the
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top
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I can't let this destroy the rest of her
life.
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I need you to advise me.
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00:14:03,000 --> 00:14:07,460
If we don't go forward with this, what
do I need to know?
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00:14:22,600 --> 00:14:24,080
Beck. Jimmy, have you seen Eugene?
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00:14:24,780 --> 00:14:27,960
He said he'd be here to back me up. I
got a prelim in about 20 minutes. The
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00:14:27,960 --> 00:14:30,040
case. Have you heard of a cop named Alan
Gill?
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00:14:30,260 --> 00:14:31,960
He's the arrestee? You know him?
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00:14:32,580 --> 00:14:35,760
He's the guy Dershowitz had in mind when
he said all cops are trained to lie.
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00:14:36,080 --> 00:14:39,420
Great. Rebecca, this is just a prelim.
You've tried cases.
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00:14:39,640 --> 00:14:40,640
I've never done a prelim.
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00:14:40,880 --> 00:14:45,120
And my client faces a lot of time at...
Eugene said he'd be here. First he co
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00:14:45,120 --> 00:14:47,700
-jacks me, then he don't show up. Blue
Jack. Yeah, well, whatever. Something
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00:14:47,700 --> 00:14:49,620
Jack. That much I know. I've been
jacked.
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00:14:49,950 --> 00:14:53,190
And now I'm going up against some cagey
cop who's got more experience in there
247
00:14:53,190 --> 00:14:54,190
than me. Calm down.
248
00:14:55,010 --> 00:14:56,950
Let's find a room. We'll do a little run
-through.
249
00:14:58,270 --> 00:14:59,270
Okay.
250
00:15:00,290 --> 00:15:03,070
Accident or not, it's a potential
homicide investigation.
251
00:15:03,410 --> 00:15:06,710
If you don't contact the police, you
could be subject to obstruction of
252
00:15:06,710 --> 00:15:08,450
charges, maybe even accessory.
253
00:15:08,710 --> 00:15:10,870
If they find out.
254
00:15:16,030 --> 00:15:17,370
Yes, if they find out.
255
00:15:19,590 --> 00:15:21,470
What's done is done.
256
00:15:22,110 --> 00:15:27,130
But if this becomes public... She's 16.
257
00:15:27,990 --> 00:15:30,030
An investigation alone, Ted.
258
00:15:30,730 --> 00:15:32,850
My advice is to call the police.
259
00:15:33,090 --> 00:15:36,590
If it's an accident, like Julie said,
there's still going to be an
260
00:15:36,590 --> 00:15:41,570
investigation. And even if it's
dismissed as an accident, this is going
261
00:15:41,570 --> 00:15:42,850
newscasts all over the country.
262
00:15:43,270 --> 00:15:45,010
Teenager buries baby in closet.
263
00:15:46,630 --> 00:15:48,670
I'm not going to let my daughter be
ruined by this.
264
00:15:51,370 --> 00:15:52,470
I'm not going to let that happen.
265
00:15:53,790 --> 00:15:57,890
You're talking publicity is worst case
scenario. Ted, that's not the worst.
266
00:15:58,690 --> 00:16:02,250
Worst is criminal prosecution. If she
doesn't come forward and the police
267
00:16:02,250 --> 00:16:05,510
to this, they will suspect her of
murder.
268
00:16:06,950 --> 00:16:09,770
The only way they buy accident is for
her to come clean.
269
00:16:12,870 --> 00:16:13,870
All right.
270
00:16:15,650 --> 00:16:16,690
Let me ask you this.
271
00:16:18,590 --> 00:16:19,950
No autopsy right now.
272
00:16:20,570 --> 00:16:21,570
No bruises.
273
00:16:21,670 --> 00:16:24,710
They'd probably conclude accidental
suffocation, right?
274
00:16:25,250 --> 00:16:26,570
If that's what happened.
275
00:16:27,390 --> 00:16:33,730
If the body were disposed of, but
discovered a month or so later,
276
00:16:34,010 --> 00:16:36,930
would it still reflect what happened?
277
00:16:38,430 --> 00:16:39,550
Question I'm getting at.
278
00:16:40,450 --> 00:16:44,970
Would we be burying evidence that might
clear us if we ever got caught?
279
00:16:46,390 --> 00:16:48,790
First of all, that's a medical question.
Second,
280
00:16:50,700 --> 00:16:56,580
I'm not going to advise you in any way
to bury or dispose of the baby.
281
00:17:05,940 --> 00:17:07,400
I need to talk to my wife.
282
00:17:15,819 --> 00:17:17,579
Had to make me bring in another witness.
283
00:17:17,780 --> 00:17:22,119
All right. Keep in mind, the longer you
cross -examine, the longer you cut into
284
00:17:22,119 --> 00:17:24,339
your overwrought. Yes, I actually have
that written down.
285
00:17:24,579 --> 00:17:26,700
Funny. Had to have another witness.
286
00:17:26,940 --> 00:17:27,940
All right.
287
00:17:29,460 --> 00:17:33,420
And, officer, isn't it true that when
you saw Clarence Barnett, he was just
288
00:17:33,420 --> 00:17:37,380
walking down the street? And then I
observed him make a furtive gesture.
289
00:17:38,360 --> 00:17:39,360
What?
290
00:17:39,760 --> 00:17:43,640
No cop is going to use a word like
furtive. Sometimes they use language
291
00:17:43,640 --> 00:17:45,580
out of case law to make sure the arrest
sticks.
292
00:17:45,880 --> 00:17:48,900
Well, a judge would know that's what
he's doing. Rebecca, all a judge wants
293
00:17:48,900 --> 00:17:51,800
an excuse to find probable cause and
pass it on to the trial court.
294
00:17:53,120 --> 00:17:54,120
Okay.
295
00:17:55,880 --> 00:17:56,880
Define furtive.
296
00:17:58,560 --> 00:18:01,080
Well, it basically means sneaky.
297
00:18:01,700 --> 00:18:03,500
Basically? You don't even know what it
means?
298
00:18:03,720 --> 00:18:07,160
I said sneaky. You don't know what it
means? You want me to help you or not?
299
00:18:07,160 --> 00:18:08,280
talking to you like you're the cop.
300
00:18:09,479 --> 00:18:10,479
Oh, right.
301
00:18:10,860 --> 00:18:11,860
Go ahead.
302
00:18:11,940 --> 00:18:14,180
So, you stopped him based on sneaking.
303
00:18:15,160 --> 00:18:20,180
Yes, I thought he might be reaching for
a weapon, so for my own protection, I
304
00:18:20,180 --> 00:18:21,520
conducted a pat -down search.
305
00:18:21,820 --> 00:18:23,580
You conducted a pat -down for weapons?
306
00:18:23,880 --> 00:18:27,420
Yes, I did. But you didn't feel anything
that felt like a weapon? I felt a
307
00:18:27,420 --> 00:18:30,260
suspicious bulge in his front jeans
pocket.
308
00:18:30,460 --> 00:18:34,100
And you thought what was in that little
pocket was a weapon?
309
00:18:34,300 --> 00:18:36,100
I thought it might be a weapon.
310
00:18:37,080 --> 00:18:40,640
That's a lie. You're a liar. Oh, you
can't say that. A little packet the size
311
00:18:40,640 --> 00:18:44,040
a thumbnail? You can't call him a liar.
If he says that, he is. This cop is an
312
00:18:44,040 --> 00:18:46,840
experienced witness. Experienced liar.
You can't call him a liar. Hey, you
313
00:18:46,840 --> 00:18:48,440
sneaky, furtive bastard. How about that?
314
00:18:49,840 --> 00:18:50,840
Come on, Jimmy. We're on.
315
00:18:55,460 --> 00:18:56,640
He knew he was dying.
316
00:18:56,980 --> 00:18:57,979
You're sure?
317
00:18:57,980 --> 00:19:02,620
He had this look in his eye. He knew.
And he said, David did it. He hit me to
318
00:19:02,620 --> 00:19:03,599
steal the jacket.
319
00:19:03,600 --> 00:19:06,760
When you say he knew he was dying, well,
I'm no psychiatrist.
320
00:19:07,580 --> 00:19:10,080
But when he said David did it, it seemed
like a dying declaration.
321
00:19:13,900 --> 00:19:14,900
Mr. Berluti?
322
00:19:18,360 --> 00:19:19,360
Dying declaration?
323
00:19:20,560 --> 00:19:22,560
You ever hear that term from the
district attorney?
324
00:19:22,820 --> 00:19:26,920
Objection. Overruled. She ever say that
term, dying declaration?
325
00:19:27,480 --> 00:19:29,520
I think maybe I heard her say it, yes.
326
00:19:29,720 --> 00:19:33,440
Did she tell you that term had special
meaning as far as the rules of evidence?
327
00:19:34,140 --> 00:19:35,540
Objection. Overruled.
328
00:19:35,960 --> 00:19:40,480
Did she give you any instructions for
the purpose of this testimony?
329
00:19:40,900 --> 00:19:41,900
We're product.
330
00:19:42,080 --> 00:19:43,980
Overruled. What did she tell you?
331
00:19:44,420 --> 00:19:48,380
That it was important that Mr. Terrence
knew he was dying, otherwise what he
332
00:19:48,380 --> 00:19:49,660
said to us would be inadmissible.
333
00:19:51,780 --> 00:19:52,780
Thank you.
334
00:19:55,780 --> 00:19:58,480
Did I ever tell you to do anything but
tell the truth?
335
00:19:58,880 --> 00:20:03,540
No. And is it your truthful testimony
that Mr. Terrence believed he was dying
336
00:20:03,540 --> 00:20:05,140
when he uttered, David did it?
337
00:20:05,500 --> 00:20:07,080
Absolutely. Thank you.
338
00:20:09,740 --> 00:20:10,960
I got another idea.
339
00:20:11,160 --> 00:20:12,160
What?
340
00:20:17,780 --> 00:20:20,080
Your Honor, the defense would like to
call David Forbes.
341
00:20:21,540 --> 00:20:24,160
Really? We'd just like a 20 -minute
recess to confer.
342
00:20:25,900 --> 00:20:26,900
Okay.
343
00:20:27,160 --> 00:20:28,160
Back in 20...
344
00:20:33,420 --> 00:20:37,020
We can't give them any advice on how to
dispose of a body. I know that. That's
345
00:20:37,020 --> 00:20:38,740
where they're heading, I can tell you. I
didn't see that, Eugene.
346
00:20:38,980 --> 00:20:42,500
You heard me tell them. We also can't
start giving them odds on whether or not
347
00:20:42,500 --> 00:20:43,499
they'll get caught.
348
00:20:43,500 --> 00:20:44,620
That's borderline accessory.
349
00:20:45,020 --> 00:20:45,859
How do you figure?
350
00:20:45,860 --> 00:20:49,180
If we tell them, chances are they won't
get caught. That amounts to
351
00:20:49,180 --> 00:20:51,460
encouragement. Aiding and abetting.
352
00:20:51,820 --> 00:20:53,120
We gotta stay clear of that.
353
00:20:53,440 --> 00:20:56,500
Now, I realize this guy's your friend,
but we gotta cover our asses, too.
354
00:20:57,140 --> 00:20:58,140
Yeah.
355
00:21:00,260 --> 00:21:01,260
Listen, Eugene.
356
00:21:02,180 --> 00:21:06,420
Maybe you should... should leave there's
no sense in exposing both of us i think
357
00:21:06,420 --> 00:21:11,320
i better stay why to make sure you're
careful
358
00:21:11,320 --> 00:21:18,000
and
359
00:21:18,000 --> 00:21:22,660
by the way there's a dead baby in the
kitchen
360
00:21:35,180 --> 00:21:38,500
What kind of a defense attorney puts his
client on for a probable cause hearing?
361
00:21:38,720 --> 00:21:42,440
Helen. You don't want to go to the spa,
is that it? Not sure you could handle a
362
00:21:42,440 --> 00:21:46,640
day off from work. Helen, it's a
probable cause hearing. We have an idea.
363
00:21:46,740 --> 00:21:50,460
you have an idea. We can't just ignore
our obligations. Full point of the day,
364
00:21:50,480 --> 00:21:52,780
Lindsay, just to ignore our obligations.
365
00:21:53,540 --> 00:21:54,540
Angry.
366
00:21:58,100 --> 00:22:02,880
We've discussed it and realized that by
not going forward, it's illegal.
367
00:22:04,410 --> 00:22:05,490
Child is already dead.
368
00:22:06,070 --> 00:22:07,350
We can't bring it back.
369
00:22:08,070 --> 00:22:12,530
What we can do is protect Julie, who is
also a child.
370
00:22:13,150 --> 00:22:19,170
The alternative, she would live the rest
of her life under a microscope, as well
371
00:22:19,170 --> 00:22:20,170
as a stigma.
372
00:22:20,190 --> 00:22:23,750
If it backfires, she could spend that
life in prison.
373
00:22:24,230 --> 00:22:25,570
Only if she's found out.
374
00:22:26,110 --> 00:22:28,310
And the people in this room are the only
ones who know.
375
00:22:29,230 --> 00:22:30,230
Is that true?
376
00:22:30,610 --> 00:22:33,710
Yes. What if the father knew somehow you
were pregnant?
377
00:22:34,030 --> 00:22:35,350
He didn't. You sure?
378
00:22:35,610 --> 00:22:38,730
Bobby. What about all your friends?
Could somebody have seen you take a
379
00:22:38,910 --> 00:22:39,910
Nobody knew.
380
00:22:40,130 --> 00:22:41,130
Well, that better be true.
381
00:22:41,310 --> 00:22:44,970
Otherwise... Bobby. It is. You never
told anybody on the Internet? You never
382
00:22:44,970 --> 00:22:46,630
wrote a letter to Dear Abby? No.
383
00:22:46,970 --> 00:22:49,150
We've covered all these questions with
her, Bobby.
384
00:22:50,130 --> 00:22:53,830
How much clothing did you pile on top of
the baby? Why are you... Ted, if this
385
00:22:53,830 --> 00:22:57,610
somehow does get out... It's not going
to get out. What if she has a breakdown?
386
00:22:58,170 --> 00:22:59,170
What if you do?
387
00:23:02,030 --> 00:23:05,410
I'm just trying to get an idea of
negligence versus recklessness.
388
00:23:07,590 --> 00:23:08,630
How much clothing?
389
00:23:10,290 --> 00:23:12,390
A few coats, some dresses.
390
00:23:12,810 --> 00:23:15,590
How long was she buried for, do you
think? Not that long.
391
00:23:16,730 --> 00:23:20,370
I uncovered her as soon as I came back
into the room. I went straight to the
392
00:23:20,370 --> 00:23:22,110
closet and took them right off.
393
00:23:22,450 --> 00:23:26,010
What do you mean when you came back into
the room? When did you leave the room?
394
00:23:26,490 --> 00:23:29,870
I went to the bathroom. How long were
you gone? What difference does this
395
00:23:30,110 --> 00:23:34,310
Why did you first say you hadn't left
the room? Stop beating her. I need to
396
00:23:34,310 --> 00:23:35,310
some questions.
397
00:23:36,450 --> 00:23:38,250
Did somebody else go into that room?
398
00:23:39,030 --> 00:23:42,910
No. Well, how do you know that if you
weren't in the room? I was only out a
399
00:23:42,910 --> 00:23:47,130
minutes. I came back, and she was dead.
400
00:23:48,130 --> 00:23:50,630
Did somebody else go into that room?
401
00:23:59,190 --> 00:24:00,350
Mary, did you go in there?
402
00:24:02,790 --> 00:24:03,790
Mary.
403
00:24:06,990 --> 00:24:07,990
Oh, my God.
404
00:24:10,310 --> 00:24:12,170
The baby was dead when I went in.
405
00:24:13,110 --> 00:24:14,810
Why didn't you tell us you went in?
406
00:24:18,150 --> 00:24:19,150
Why didn't you?
407
00:24:22,570 --> 00:24:25,870
Teddy, can I talk to you alone?
408
00:24:31,020 --> 00:24:32,660
You can't even tell me what it is?
409
00:24:34,420 --> 00:24:37,920
Bobby, I know something's dead. You
might as well just... He
410
00:24:37,920 --> 00:24:42,340
hung up on me.
411
00:24:43,080 --> 00:24:44,080
What did he say?
412
00:24:44,480 --> 00:24:47,080
Just reschedule all his meetings. He
could be out most of the day.
413
00:24:47,520 --> 00:24:50,920
The clients don't want to be here. Well,
maybe you could entertain them.
414
00:24:54,120 --> 00:24:55,120
Are you jealous?
415
00:24:56,580 --> 00:24:57,580
I'm sorry?
416
00:24:58,120 --> 00:24:59,120
Nothing.
417
00:24:59,340 --> 00:25:01,020
What, you don't think I can wear a dress
like that?
418
00:25:01,240 --> 00:25:02,960
You think I'm too fat? Is that it?
419
00:25:03,160 --> 00:25:04,160
Did I say that?
420
00:25:04,820 --> 00:25:07,540
Look, the truth is, Eleanor, I don't
find you fat at all.
421
00:25:07,960 --> 00:25:09,800
I think you're more full of yourself
than most.
422
00:25:11,580 --> 00:25:14,860
What would remotely possess you to say
something like that to a partner?
423
00:25:15,500 --> 00:25:17,900
My mother told me two things before she
died.
424
00:25:18,800 --> 00:25:21,980
One was never let somebody push you
around just because they're bigger or
425
00:25:21,980 --> 00:25:22,980
richer.
426
00:25:29,980 --> 00:25:31,260
What's the other thing she told you?
427
00:25:32,760 --> 00:25:35,860
If you're ever in an argument, you can
always trump with a dead mother.
428
00:25:39,840 --> 00:25:41,680
I was too tired to swim.
429
00:25:42,240 --> 00:25:44,340
First, I kind of grabbed on to Terry.
430
00:25:44,660 --> 00:25:45,720
You know, hold on.
431
00:25:46,080 --> 00:25:50,080
But the life jacket wouldn't keep us
both up, and he kept throwing me off of
432
00:25:50,080 --> 00:25:54,060
him. I said, let's switch off wearing
the jacket. But he just said no.
433
00:25:54,360 --> 00:25:55,360
And then what happened?
434
00:25:55,420 --> 00:25:56,319
Well, I was...
435
00:25:56,320 --> 00:25:59,980
About to drown, I was holding on to this
one piece of wood, which couldn't
436
00:25:59,980 --> 00:26:03,220
really support me. I kept swimming to
Terry. He kicked me away.
437
00:26:03,840 --> 00:26:06,060
I think we were both scared of dying.
438
00:26:06,480 --> 00:26:11,480
But at some point... I told him I saw a
boat, which I didn't.
439
00:26:12,320 --> 00:26:16,980
I pointed to distract him, and when he
looked away, I swung the piece of wood I
440
00:26:16,980 --> 00:26:18,940
was holding, and it hit him in the head.
441
00:26:20,020 --> 00:26:24,500
I hit him two more times till he was
half out, and I peeled off the life
442
00:26:24,680 --> 00:26:25,680
and I put it on.
443
00:26:26,220 --> 00:26:30,880
It was actually about ten minutes later
that I did spot the rescue boat.
444
00:26:31,620 --> 00:26:32,599
Thank you.
445
00:26:32,600 --> 00:26:33,600
That's all.
446
00:26:33,920 --> 00:26:34,920
Ms. Gamble?
447
00:26:35,440 --> 00:26:36,440
Nothing, Your Honor.
448
00:26:36,740 --> 00:26:41,100
Okay, I'm finding... Excuse me, Your
Honor. I know this is extremely
449
00:26:41,100 --> 00:26:44,160
but in the overall interest of judicial
economy, I would like to be heard on
450
00:26:44,160 --> 00:26:45,160
duress. What?
451
00:26:45,240 --> 00:26:48,860
That's an affirmative defense, Counsel.
I understand that. But if a district
452
00:26:48,860 --> 00:26:51,960
attorney or a judge knows a case won't
make, it really should be dismissed.
453
00:26:52,300 --> 00:26:54,560
I would just like to be heard. Ten
minutes, please.
454
00:26:55,280 --> 00:26:57,840
Ten minutes. Some time to prepare.
455
00:26:58,160 --> 00:26:59,160
One hour.
456
00:27:03,560 --> 00:27:06,520
Then the defendant, Clarence Barnett,
approached me.
457
00:27:07,300 --> 00:27:11,260
What were you doing at the time? My
partner and I had just placed another
458
00:27:11,260 --> 00:27:13,560
under arrest when Mr. Barnett walked up
to us.
459
00:27:13,900 --> 00:27:15,480
And what happened at that time?
460
00:27:15,700 --> 00:27:20,620
Mr. Barnett handed me two clear plastic
packets of suspect cocaine and stated he
461
00:27:20,620 --> 00:27:21,760
wanted to turn himself in.
462
00:27:22,080 --> 00:27:24,060
He wanted to turn himself in?
463
00:27:24,520 --> 00:27:29,020
Yes. Were the packets you recovered from
the defendant sent to the crime lab for
464
00:27:29,020 --> 00:27:30,020
testing and analysis?
465
00:27:30,300 --> 00:27:34,080
Yes, they were. And to the best of your
knowledge, did they test positive for
466
00:27:34,080 --> 00:27:35,820
.23 grams of cocaine?
467
00:27:36,180 --> 00:27:37,019
Yes, they did.
468
00:27:37,020 --> 00:27:37,939
Thank you.
469
00:27:37,940 --> 00:27:39,680
Nothing further. Tender the witness.
470
00:27:40,140 --> 00:27:41,140
Ms. Washington?
471
00:27:43,300 --> 00:27:45,840
Just walked right up out of the blue.
472
00:27:46,240 --> 00:27:47,300
That's what I'm saying.
473
00:27:47,500 --> 00:27:52,400
And prior to him approaching you, as you
allege, you hadn't observed him engage
474
00:27:52,400 --> 00:27:54,630
in... Any illegal conduct?
475
00:27:54,950 --> 00:27:57,170
No. Didn't observe him with any drugs?
476
00:27:57,630 --> 00:28:02,390
No, I didn't. He just walked right up to
you? Yes, he walked over and handed me
477
00:28:02,390 --> 00:28:04,250
two packets of what appeared to be
cocaine.
478
00:28:04,850 --> 00:28:05,850
And said?
479
00:28:06,130 --> 00:28:09,770
Officer, I have drugs, and I want to
turn myself in.
480
00:28:12,310 --> 00:28:13,810
Didn't tell you he killed JFK?
481
00:28:14,370 --> 00:28:15,530
Objection. Sustained.
482
00:28:16,290 --> 00:28:17,350
Walked right up?
483
00:28:17,650 --> 00:28:18,650
On his own accord.
484
00:28:18,830 --> 00:28:21,810
Let me make sure I understand what
you're saying, even though you've said
485
00:28:21,810 --> 00:28:22,810
three or four times.
486
00:28:23,270 --> 00:28:27,270
Mr. Barnett just walked up to you as a
good Samaritan and turned himself in
487
00:28:27,270 --> 00:28:29,030
without any prior conduct on your part?
488
00:28:29,410 --> 00:28:30,410
Yes.
489
00:28:31,450 --> 00:28:33,410
Mr. Barnett, you're free to go.
490
00:28:33,950 --> 00:28:34,950
Your Honor.
491
00:28:35,070 --> 00:28:36,070
Counsel.
492
00:28:40,990 --> 00:28:45,190
Mr. Torcaso, I'd advise you to counsel
your officers that in the future, if
493
00:28:45,190 --> 00:28:48,250
they're going to try to make the facts
conform to the law, they should at least
494
00:28:48,250 --> 00:28:49,830
try to make it sound believable.
495
00:28:50,150 --> 00:28:51,310
But that's just the point.
496
00:28:51,770 --> 00:28:54,910
If he wanted to lie, he could easily
have come up with something that sounded
497
00:28:54,910 --> 00:28:55,849
more plausible.
498
00:28:55,850 --> 00:29:00,250
It's so outlandish, it had to be true.
Or maybe he thought of that. Be glad I
499
00:29:00,250 --> 00:29:01,330
don't find misconduct.
500
00:29:02,630 --> 00:29:04,390
Just walked right up.
501
00:29:14,270 --> 00:29:18,330
I... I'm afraid this is much worse than
I thought.
502
00:29:19,990 --> 00:29:21,170
Mary killed the baby.
503
00:29:26,860 --> 00:29:28,140
She thought I was the father.
504
00:29:28,880 --> 00:29:29,880
What?
505
00:29:30,360 --> 00:29:34,980
When Julie wouldn't tell her who the
father was, she suddenly thought it was
506
00:29:35,740 --> 00:29:37,200
Don't ask me to explain how.
507
00:29:38,380 --> 00:29:39,380
Have you?
508
00:29:41,220 --> 00:29:42,860
God, no.
509
00:29:44,320 --> 00:29:45,320
Never.
510
00:29:45,680 --> 00:29:46,740
Of course not.
511
00:29:47,100 --> 00:29:49,560
How could your wife think that you were
the father? I don't know.
512
00:29:51,220 --> 00:29:52,820
She's been battling some depression.
513
00:29:53,360 --> 00:29:54,500
To think...
514
00:29:55,889 --> 00:29:56,950
I don't know.
515
00:30:00,090 --> 00:30:02,090
I think she's having some kind of
breakdown.
516
00:30:05,990 --> 00:30:07,270
What do I do now?
517
00:30:17,290 --> 00:30:18,990
Tell me the name of the father.
518
00:30:20,250 --> 00:30:22,050
Why is that important?
519
00:30:22,250 --> 00:30:24,050
Because I want to know. His name...
520
00:30:24,440 --> 00:30:25,500
It's Stephen Gilbert.
521
00:30:26,420 --> 00:30:27,660
But he doesn't know.
522
00:30:27,920 --> 00:30:28,920
Okay, look.
523
00:30:29,160 --> 00:30:31,840
Personally, I don't know any of you well
enough to know whether you're telling
524
00:30:31,840 --> 00:30:36,360
the truth or not. But here's what we
got. A dead baby. A person here who
525
00:30:36,360 --> 00:30:40,160
that baby. A person here who maybe left
the room, maybe not. A person here who
526
00:30:40,160 --> 00:30:43,620
maybe is the father, maybe not. I am not
the father. And I don't care.
527
00:30:43,880 --> 00:30:47,960
Eugene. No, this needs to be said. We
got a serious conflict of interest going
528
00:30:47,960 --> 00:30:49,500
on. Somebody's a killer.
529
00:30:49,920 --> 00:30:53,040
Somebody else could be an accessory.
Maybe we got two accessories. The only
530
00:30:53,040 --> 00:30:54,940
thing I know for sure is you all need
lawyers.
531
00:30:55,480 --> 00:30:58,180
Separate lawyers, in my opinion, before
you do anything.
532
00:30:58,580 --> 00:31:02,660
That being said, I think we should get
the hell out of here. We're not calling
533
00:31:02,660 --> 00:31:03,660
any more lawyers.
534
00:31:03,820 --> 00:31:04,840
She needs help.
535
00:31:05,240 --> 00:31:06,240
She needs help.
536
00:31:06,340 --> 00:31:09,860
We're going to stick together as a
family. And I got a credibility problem
537
00:31:09,860 --> 00:31:13,140
you rattling off stick together as a
family after discovering your wife is a
538
00:31:13,140 --> 00:31:16,880
killer. Hey! Quiet! At a minimum, your
daughter shouldn't be taking advice from
539
00:31:16,880 --> 00:31:17,679
you two. Eugene!
540
00:31:17,680 --> 00:31:18,680
Bobby, come on!
541
00:31:19,180 --> 00:31:22,160
These people may be your friends, but
this girl needs independent counsel from
542
00:31:22,160 --> 00:31:24,020
them. I don't need to hear from you what
is best for her.
543
00:31:24,220 --> 00:31:25,540
Look, this is undue enforcement.
544
00:31:26,000 --> 00:31:28,940
Why don't you just get the hell out of
here like you want to do? Leave us
545
00:31:31,240 --> 00:31:32,240
Leave you alone?
546
00:31:33,560 --> 00:31:34,720
You murdered a baby.
547
00:31:35,280 --> 00:31:37,960
You killed a baby and you want me to
leave you alone?
548
00:31:38,240 --> 00:31:40,400
Eugene, all right. I will pray to God
tonight that you rot.
549
00:31:40,620 --> 00:31:42,540
She was an innocent little girl. Shut
up.
550
00:31:45,480 --> 00:31:47,980
This isn't going to bring back Tia.
551
00:31:50,160 --> 00:31:51,160
It's fighting.
552
00:31:51,900 --> 00:31:53,560
It isn't going to bring her back.
553
00:31:57,980 --> 00:31:58,980
Tia?
554
00:32:00,900 --> 00:32:02,060
That was her name.
555
00:32:08,540 --> 00:32:10,000
You named her Tia?
556
00:32:29,000 --> 00:32:34,020
David Forbes had a legal right to kill
John Terrence. A legal right, duress?
557
00:32:34,320 --> 00:32:38,160
He was drowning. He asked Mr. Terrence
for the life jacket. He needed the life
558
00:32:38,160 --> 00:32:40,240
jacket. Without it, he was about to
drown.
559
00:32:40,600 --> 00:32:43,460
First of all, as I said, it's an
affirmative defense.
560
00:32:43,800 --> 00:32:46,800
I'm hardly going to make a ruling at a
probable cause hearing.
561
00:32:47,080 --> 00:32:50,400
Second, you're saying duress excuses
murder?
562
00:32:50,780 --> 00:32:54,560
Without admitting my client attempted or
committed murder, he only wanted to get
563
00:32:54,560 --> 00:32:55,700
the life jacket, yes.
564
00:32:56,330 --> 00:32:59,730
Duress can justify murder. I've pulled
up a quick list of citations.
565
00:33:00,310 --> 00:33:03,610
Duress excuses the infliction of evil in
certain circumstances.
566
00:33:04,230 --> 00:33:08,130
Where it's one against one and your life
is on the line, a person is legally
567
00:33:08,130 --> 00:33:11,810
permitted to choose himself over
another, even if it means committing an
568
00:33:11,810 --> 00:33:14,250
act. That's what happened here. It's
beyond dispute.
569
00:33:14,650 --> 00:33:15,970
David Forbes was drowning.
570
00:33:16,250 --> 00:33:17,970
He whacked Mr. Tarrant on the head.
571
00:33:18,270 --> 00:33:19,650
took the life jacket to save himself.
572
00:33:19,950 --> 00:33:24,570
This is a defense to be made at trial. I
agree, but these facts are uncontested.
573
00:33:24,710 --> 00:33:28,430
The judge and DA have duties not to
proceed with prosecutions that can't be
574
00:33:28,430 --> 00:33:32,110
made, and this case can't be made. I can
make it. Oh, come on, Helen. You just
575
00:33:32,110 --> 00:33:35,070
want to make your Swedish deep tissue.
Objection! You can't make this case.
576
00:33:35,070 --> 00:33:38,990
one -on -one in the middle of the ocean.
This is classic duress. And in the
577
00:33:38,990 --> 00:33:42,030
interest of judicial economy... All
right, all right, all right. I'll tell
578
00:33:42,030 --> 00:33:43,030
what, counsel.
579
00:33:43,630 --> 00:33:45,450
Let me consider this. That's all I'll
do.
580
00:33:45,750 --> 00:33:48,410
What? I just said consider.
581
00:33:49,630 --> 00:33:50,630
Give me an hour.
582
00:33:54,390 --> 00:33:56,090
There's nothing more we can do here,
Bobby.
583
00:33:57,710 --> 00:33:58,950
Nothing more we should do.
584
00:33:59,450 --> 00:34:00,650
I told them we'd wait.
585
00:34:02,090 --> 00:34:03,250
Maybe they'll do the right thing.
586
00:34:05,450 --> 00:34:06,450
What will you do?
587
00:34:07,570 --> 00:34:08,569
I'll be your daughter.
588
00:34:17,520 --> 00:34:18,639
And this was my granddaughter?
589
00:34:48,010 --> 00:34:50,150
So I'm like free now? As a bird.
590
00:34:50,469 --> 00:34:51,530
You a good lawyer.
591
00:34:52,310 --> 00:34:56,170
Single? Not that single, Clarence. I'm a
great provider.
592
00:34:57,030 --> 00:34:58,170
No hard feelings.
593
00:34:58,990 --> 00:35:01,170
But it did happen exactly how I said.
594
00:35:02,150 --> 00:35:03,330
Two of us know that.
595
00:35:03,830 --> 00:35:04,930
Three count guy.
596
00:35:05,970 --> 00:35:06,970
Next time.
597
00:35:11,190 --> 00:35:12,690
His story was true?
598
00:35:13,530 --> 00:35:15,030
And just like he said.
599
00:35:15,480 --> 00:35:18,520
You mean you actually walked up to him
and turned yourself in?
600
00:35:18,780 --> 00:35:20,060
Yes. Why?
601
00:35:20,880 --> 00:35:23,480
Because he was out there stopping every
black male on the streets.
602
00:35:23,860 --> 00:35:27,000
I knew I'd be next, and I didn't think I
could outrun him.
603
00:35:28,020 --> 00:35:31,920
Only thing I could think was if I turned
myself in that way, and that cop
604
00:35:31,920 --> 00:35:35,300
testified to how it went down, no one
would believe him.
605
00:35:36,060 --> 00:35:39,980
He looked right into my eyes and lied to
me. I needed you to fight for me.
606
00:35:40,800 --> 00:35:41,800
Was I wrong?
607
00:35:45,610 --> 00:35:47,190
Does that take some of the sweet out of
victory?
608
00:35:48,250 --> 00:35:49,290
Yeah, Clarence.
609
00:35:49,650 --> 00:35:50,650
It does.
610
00:35:50,750 --> 00:35:52,070
Well, think of it this way.
611
00:35:52,730 --> 00:35:54,930
They've been stopping me all my life.
612
00:35:55,510 --> 00:35:57,370
Arrest me for no reason sometimes.
613
00:35:58,210 --> 00:35:59,730
Even beat me up once.
614
00:36:00,510 --> 00:36:03,010
Sometimes it got to go my way.
615
00:36:03,250 --> 00:36:04,250
Why?
616
00:36:04,910 --> 00:36:06,030
You deal drugs?
617
00:36:06,590 --> 00:36:09,390
Why are you trying to take some of the
sweet out of my victory?
618
00:36:11,370 --> 00:36:12,710
Good job, counsel.
619
00:36:14,510 --> 00:36:15,510
You're a keeper.
620
00:36:21,770 --> 00:36:22,770
What are you going to do?
621
00:36:24,030 --> 00:36:26,010
Bobby, I'm going to take you off the
hook, okay?
622
00:36:27,350 --> 00:36:29,550
We're going to sit as a family.
623
00:36:31,890 --> 00:36:33,870
We don't need you two anymore.
624
00:36:34,470 --> 00:36:36,990
Thank you for... Ted.
625
00:36:38,670 --> 00:36:42,570
You're emotionally shattered in here.
You can't be deciding. This is a family
626
00:36:42,570 --> 00:36:43,570
issue now.
627
00:36:44,200 --> 00:36:46,760
I really need you to leave.
628
00:37:16,330 --> 00:37:18,090
St. Thomas' Church on Commonwealth.
629
00:37:19,850 --> 00:37:21,090
You're going to bring the baby there.
630
00:37:23,710 --> 00:37:26,790
Bobby, I ask you here. This isn't legal
advice, Ted.
631
00:37:27,130 --> 00:37:28,130
It's a threat.
632
00:37:28,670 --> 00:37:30,270
That little girl has a name.
633
00:37:31,250 --> 00:37:35,170
Tia. She was born, and she'll have a
funeral.
634
00:37:35,810 --> 00:37:40,470
You take her either to the police or St.
Thomas'. There's a side door. You can
635
00:37:40,470 --> 00:37:42,390
drive up after dark. You won't be seen.
636
00:37:42,590 --> 00:37:45,090
I know for a fact there's no security
cameras.
637
00:37:45,670 --> 00:37:47,970
I'm in the process of raising money to
get them.
638
00:37:48,170 --> 00:37:51,330
You leave her there at 7 o 'clock.
639
00:37:54,470 --> 00:37:55,470
I'll do the rest.
640
00:37:56,150 --> 00:37:59,570
Robbie. Otherwise, I report you, Ted.
641
00:38:00,930 --> 00:38:02,670
Trust me on this.
642
00:38:04,170 --> 00:38:05,650
I'm willing to lose my license.
643
00:38:23,630 --> 00:38:29,550
You just counseled a client with
concealed evidence in a homicide case.
644
00:38:37,730 --> 00:38:42,110
Look, Helen. Can I call you Helen? I
like to call counsel by their first
645
00:38:42,110 --> 00:38:43,430
when I'm about to disappoint them.
646
00:38:43,730 --> 00:38:48,270
Excuse me? The dying declaration wobbles
at best.
647
00:38:48,830 --> 00:38:50,790
Add to that a very viable...
648
00:38:51,420 --> 00:38:52,319
Duress claim.
649
00:38:52,320 --> 00:38:53,880
These are all trial court decisions.
650
00:38:54,180 --> 00:38:55,180
But she's right.
651
00:38:55,400 --> 00:38:59,920
With our dockets so jammed up, it would
be irresponsible to bind this over. It's
652
00:38:59,920 --> 00:39:01,320
a waste of time, money, and resources.
653
00:39:02,180 --> 00:39:04,360
DAs are overworked as it is, don't you
think?
654
00:39:04,580 --> 00:39:06,380
Yes, we could all use a day off.
655
00:39:06,720 --> 00:39:11,360
Well, I'm kicking this without
prejudice, so you can refile if you get
656
00:39:11,360 --> 00:39:12,360
else.
657
00:39:13,360 --> 00:39:14,940
I even missed the massage.
658
00:39:16,180 --> 00:39:19,360
I'm taking my manslaughter off the
table. Jane.
659
00:39:23,060 --> 00:39:24,080
It was all true.
660
00:39:24,340 --> 00:39:26,820
He walked right up to the cop and said,
arrest me.
661
00:39:27,040 --> 00:39:29,460
And then when the cop repeated it...
Hypothetical, right?
662
00:39:31,240 --> 00:39:32,300
Oh, right.
663
00:39:32,740 --> 00:39:34,640
I'm just telling a story.
664
00:39:35,180 --> 00:39:36,180
As if I care.
665
00:39:36,500 --> 00:39:39,900
I lost a murderer and a facial. You
think I could care about your drug
666
00:39:40,620 --> 00:39:41,660
Alleged drug dealers.
667
00:39:41,940 --> 00:39:45,500
Anybody hear from Bobby? I spoke with
Lucy. She said he and Eugene were out
668
00:39:45,500 --> 00:39:48,020
day. See, that's how you can make it up
to me.
669
00:39:48,300 --> 00:39:49,580
Let me Bobby for the night.
670
00:39:53,730 --> 00:39:54,530
How? Can
671
00:39:54,530 --> 00:40:01,470
you believe
672
00:40:01,470 --> 00:40:02,970
we're out here sitting and doing what
we're doing?
673
00:40:07,730 --> 00:40:08,730
Seven o 'clock.
674
00:40:09,010 --> 00:40:10,290
Maybe they went to the police.
675
00:40:14,410 --> 00:40:15,470
It was me, Eugene.
676
00:40:17,470 --> 00:40:18,910
If this gets out...
677
00:40:19,650 --> 00:40:21,350
Anything I advise to conceal.
678
00:40:24,130 --> 00:40:25,130
It's just me.
679
00:40:27,930 --> 00:40:29,770
And when they asked why I was sitting
here?
680
00:40:31,770 --> 00:40:33,030
You tell them the truth.
681
00:40:36,310 --> 00:40:38,770
You're just making sure I don't do
anything worse to them.
682
00:40:53,930 --> 00:40:54,930
Looks like she'll get one.
683
00:41:49,390 --> 00:41:50,830
Bless me, Father, for I have sinned.
684
00:41:53,510 --> 00:41:55,710
It has been three weeks since my last
confession.
685
00:41:57,350 --> 00:41:58,650
How may I help you, my son?
686
00:42:02,170 --> 00:42:03,170
There's a little girl.
687
00:42:05,850 --> 00:42:07,090
Her name is Tia.
688
00:42:10,710 --> 00:42:11,790
God has her now.
689
00:42:15,790 --> 00:42:16,870
And so do you.
55042
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