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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:00,040 --> 00:00:01,560 Previously on The Practice. 2 00:00:01,820 --> 00:00:03,140 Look, I've tried to fit in. 3 00:00:03,400 --> 00:00:07,500 And I realize it's probably my fault that I don't. But let's just all admit 4 00:00:07,500 --> 00:00:08,279 not working. 5 00:00:08,280 --> 00:00:10,140 I won't admit that. I think you've been doing great. 6 00:00:10,380 --> 00:00:11,720 You're the only one who's been nice. 7 00:00:11,960 --> 00:00:17,220 And Jimmy, sometimes Rebecca and Eleanor when she's not riled. You're working 8 00:00:17,220 --> 00:00:18,220 out, I promise. 9 00:00:19,800 --> 00:00:21,440 There's a medical bag on the floor right here. 10 00:00:21,720 --> 00:00:22,720 Ha ha. 11 00:00:23,980 --> 00:00:25,980 Got you good, didn't I? 12 00:00:26,990 --> 00:00:29,530 Eleanor! It was a joke, for God's sake! 13 00:00:30,090 --> 00:00:32,030 You have no legal right to do anything. 14 00:00:32,270 --> 00:00:33,870 Legal? What about moral right? 15 00:00:34,090 --> 00:00:37,290 That oath you're about to take tomorrow has nothing to do with moral right. Oh, 16 00:00:37,330 --> 00:00:40,510 police spoken just like a true defense attorney. But you are on this case. 17 00:00:41,110 --> 00:00:43,310 My New Year's resolution was to move ahead. 18 00:00:43,550 --> 00:00:45,890 And everybody certainly thinks that was mine, don't they? 19 00:00:46,110 --> 00:00:47,150 I'm not going anywhere. 20 00:00:47,470 --> 00:00:50,670 I'd rather fire you. You can't just fire me. I'm a partner. 21 00:00:51,070 --> 00:00:52,070 Yeah, you are. 22 00:01:01,620 --> 00:01:02,980 Okay, manicure, 3 o 'clock. 23 00:01:03,560 --> 00:01:04,560 Pedicure, 3 .30. 24 00:01:04,900 --> 00:01:05,900 Facial, 4 .15. 25 00:01:06,120 --> 00:01:07,120 Full body, 5. 26 00:01:07,540 --> 00:01:08,540 Then we go to hair. 27 00:01:08,860 --> 00:01:12,380 I have been so waiting for this day. You still think we can get out by lunch? 28 00:01:12,480 --> 00:01:14,820 I've just got my PC on the boat, guys. Should be done by 11. 29 00:01:15,040 --> 00:01:15,779 Jimmy's case? 30 00:01:15,780 --> 00:01:19,320 Yeah, we've already made a deal on manslaughter pending probable cause, 31 00:01:19,320 --> 00:01:21,820 You think I should have a softer look? 32 00:01:22,300 --> 00:01:24,940 What? I'm thinking of going softer with my hair. 33 00:01:25,640 --> 00:01:27,700 I'm told juries are finding me a little harsh. 34 00:01:28,340 --> 00:01:29,420 You think I should go softer? 35 00:01:30,030 --> 00:01:34,650 Well, Helen, I mean, your style is kind of, you know, queen bitch killer B. 36 00:01:34,790 --> 00:01:36,190 Doesn't Harsh go with that? 37 00:01:36,810 --> 00:01:39,070 Why, yes, Lindsay. Harsh would go with that. 38 00:01:39,330 --> 00:01:42,010 You win almost all of your cases. What's to change? 39 00:01:42,350 --> 00:01:44,030 Well, I wouldn't mind getting asked out on a date. 40 00:01:44,270 --> 00:01:47,190 But if you go with a softer look, you might get hit on by nice guys. Yeah? 41 00:01:47,470 --> 00:01:48,690 You don't want a nice guy. 42 00:01:49,070 --> 00:01:52,890 You only like crazy guys, or at least a guy that can make you crazy. That is so 43 00:01:52,890 --> 00:01:56,590 untrue. Name one guy you've been with that didn't have some dark, twisted... 44 00:01:56,590 --> 00:01:58,420 Bobby! And it died quickly. 45 00:01:58,640 --> 00:02:01,760 And not because he was a nice guy, because you were sleeping with him. I 46 00:02:01,760 --> 00:02:04,260 sleeping with him. Oh, and that was before you, Helen. We got together 47 00:02:04,260 --> 00:02:05,640 I like nice guys. 48 00:02:06,100 --> 00:02:08,020 Helen, you like twisted guys. 49 00:02:08,780 --> 00:02:09,820 Is that really true? 50 00:02:10,460 --> 00:02:13,340 Well, you think I should see somebody about it? 51 00:02:14,540 --> 00:02:15,540 You might. 52 00:02:17,440 --> 00:02:19,900 Know any dark, demented, twisted shrinks? 53 00:03:08,399 --> 00:03:09,960 Take you a day. Two tops. 54 00:03:10,180 --> 00:03:11,920 Okay. Nice Lou Jack, Eugene. 55 00:03:12,260 --> 00:03:13,260 It's not a Lou Jack. 56 00:03:13,400 --> 00:03:14,400 What's a Lou Jack? 57 00:03:14,460 --> 00:03:17,740 Lindsay turfed it to me. She's having a maintenance day. What's going on? Oh, 58 00:03:17,780 --> 00:03:20,700 Lindsay's maintaining. She turfed the case to Eugene. Now he's Lou Jacking 59 00:03:20,700 --> 00:03:22,020 Rebecca. I can't find my date planner. 60 00:03:22,280 --> 00:03:25,540 What's a Lou Jack? It's when you dump a case you don't want onto somebody else. 61 00:03:25,600 --> 00:03:27,460 It's a prelim. It's a good experience. Lou Jack. 62 00:03:27,680 --> 00:03:31,060 I left it right here. That's not even a word. Show me where it says Lou Jack in 63 00:03:31,060 --> 00:03:31,698 the dictionary. 64 00:03:31,700 --> 00:03:35,180 It's okay. I want to do this. Let me guess. This is a drug prelim? 65 00:03:35,960 --> 00:03:37,160 Possessions of a controlled substance. 66 00:03:37,450 --> 00:03:38,450 You, Jack. 67 00:03:38,530 --> 00:03:39,530 Where you going? 68 00:03:39,870 --> 00:03:44,090 PC on my life jacket, Kim. I thought you played up. Only assuming they make PC. 69 00:03:51,870 --> 00:03:52,870 What? 70 00:03:55,170 --> 00:03:59,250 What? Don't you think that's a little brisk for January? 71 00:03:59,830 --> 00:04:00,830 Oh, this? 72 00:04:01,070 --> 00:04:04,690 Yeah, I read an article that, you know, sexy -looking receptionists actually 73 00:04:04,690 --> 00:04:06,110 help lawyers land clients. 74 00:04:06,840 --> 00:04:08,240 So, not what the hell. 75 00:04:08,620 --> 00:04:09,620 We'll see. 76 00:04:15,000 --> 00:04:20,820 What? Well, there's sexy Lucy, and then there's, uh, slut. 77 00:04:21,380 --> 00:04:25,360 I'm not a slut. I didn't say you were one. Yeah, I can show you the article. 78 00:04:26,860 --> 00:04:27,980 Dolly, I'm doing slut. 79 00:04:28,480 --> 00:04:29,480 Fret. 80 00:04:29,780 --> 00:04:32,240 Hey, slow down, bub. I'm only using one ear. 81 00:04:33,840 --> 00:04:34,980 Bite my head off. 82 00:04:35,360 --> 00:04:36,540 Bobby. He says he's a friend. 83 00:04:36,940 --> 00:04:37,940 Hello? 84 00:04:38,220 --> 00:04:39,220 Ted. 85 00:04:40,860 --> 00:04:41,860 Okay. 86 00:04:42,800 --> 00:04:44,500 Okay, slow down. 87 00:04:45,240 --> 00:04:46,240 When? 88 00:04:47,520 --> 00:04:48,520 Okay. 89 00:04:49,780 --> 00:04:53,220 Okay. Are you sure she's dead? 90 00:04:55,040 --> 00:04:58,560 All right. No, don't call anybody. I'll be there. 91 00:04:59,380 --> 00:05:02,240 It'll take me 20 minutes. Just wait right there. 92 00:05:04,020 --> 00:05:05,760 Joey Herrick, right? He's dating again. 93 00:05:06,360 --> 00:05:07,360 Not Joey Herrick. 94 00:05:08,520 --> 00:05:09,520 Eugene, you free? 95 00:05:09,840 --> 00:05:10,840 I can be. 96 00:05:11,160 --> 00:05:12,160 I'll fill you in on the way. 97 00:05:13,280 --> 00:05:14,280 Well, what about me? 98 00:05:14,760 --> 00:05:15,800 Who's going to fill me in? 99 00:05:33,960 --> 00:05:34,899 Where's Julie? 100 00:05:34,900 --> 00:05:36,180 She's up in her room. 101 00:05:36,620 --> 00:05:37,620 Is she okay? 102 00:05:37,700 --> 00:05:38,700 I don't know. 103 00:05:39,600 --> 00:05:41,600 How... Mary? 104 00:05:44,440 --> 00:05:46,580 How you doing? 105 00:05:49,020 --> 00:05:53,200 I can't... I can't believe this is happening. 106 00:05:54,200 --> 00:05:55,200 Okay. 107 00:05:57,080 --> 00:05:59,520 Where's... She's in the kitchen. 108 00:06:26,830 --> 00:06:28,070 We didn't even know she was pregnant. 109 00:06:30,490 --> 00:06:33,610 We didn't even... Okay, Dad, Dad, have a seat. 110 00:06:37,870 --> 00:06:39,790 We didn't even know she was pregnant. 111 00:06:58,570 --> 00:07:02,010 But it makes no sense to waive probable cause, so I want to go through with it. 112 00:07:02,070 --> 00:07:05,530 But it's pretty much pro forma. We'll cop to manslaughter right after. 113 00:07:05,770 --> 00:07:06,770 And you think three years? 114 00:07:07,270 --> 00:07:10,590 No record. Good behavior. I don't see any reason why not. 115 00:07:12,990 --> 00:07:14,130 You're a good lawyer, right? 116 00:07:15,390 --> 00:07:16,530 I run hot and cold. 117 00:07:20,010 --> 00:07:24,550 I was just walking down the street minding my own business. And that cop, 118 00:07:24,550 --> 00:07:25,550 just stopped me. 119 00:07:25,750 --> 00:07:26,750 No reason. 120 00:07:27,400 --> 00:07:28,940 But the drugs were yours. 121 00:07:29,220 --> 00:07:31,340 Two tiny packets in the watch pocket. 122 00:07:31,620 --> 00:07:32,900 No way he could care. 123 00:07:33,160 --> 00:07:36,940 For the prelim, all they have to establish is that a crime has been 124 00:07:37,100 --> 00:07:40,700 But they just can't go around searching people for no reason. Can't you find one 125 00:07:40,700 --> 00:07:41,800 of them squash motions? 126 00:07:42,220 --> 00:07:44,720 Motion to quash. Yeah, find one of them. 127 00:07:44,960 --> 00:07:49,500 We can do that for the trial court with the prelim. Miss Washington, you gotta 128 00:07:49,500 --> 00:07:50,500 make this go away. 129 00:07:50,700 --> 00:07:54,520 With my priors, I'm facing serious time here. 130 00:07:54,780 --> 00:07:56,800 Wouldn't that be incentive to give up the drug life? 131 00:07:57,140 --> 00:08:02,540 That cop stopped me because I was in the wrong place at the wrong time with the 132 00:08:02,540 --> 00:08:03,700 wrong color skin. 133 00:08:04,560 --> 00:08:05,980 You've got to help me. 134 00:08:11,300 --> 00:08:15,420 She gave birth in the middle of the night in a room. 135 00:08:16,960 --> 00:08:17,960 She was alive? 136 00:08:19,480 --> 00:08:20,480 Yes. 137 00:08:20,760 --> 00:08:22,060 And you didn't hear it? 138 00:08:22,880 --> 00:08:23,880 No. 139 00:08:24,750 --> 00:08:25,850 God, I still can't believe. 140 00:08:27,210 --> 00:08:30,850 It's like I'm talking about when did you first see the baby? 141 00:08:32,169 --> 00:08:37,909 This morning. I was coming down the stairs and I suddenly heard a scream 142 00:08:37,909 --> 00:08:39,710 from her room. 143 00:08:40,850 --> 00:08:42,390 Like I've never heard her scream. 144 00:08:43,549 --> 00:08:44,790 I ran back up. 145 00:08:46,890 --> 00:08:48,330 She was holding a baby. 146 00:08:49,730 --> 00:08:51,410 Trying to make it breathe. 147 00:08:55,340 --> 00:08:56,340 It wasn't brief. 148 00:09:00,300 --> 00:09:01,680 I need to talk to your daughter. 149 00:09:04,220 --> 00:09:06,020 We first pulled him on board. 150 00:09:06,340 --> 00:09:07,340 The defendant? 151 00:09:07,500 --> 00:09:12,320 Yes. He said there had been some kind of explosion on his fishing boat. It sank, 152 00:09:12,500 --> 00:09:16,060 and he and his partner, they had been in the water for almost three hours. 153 00:09:16,320 --> 00:09:17,720 Did he say anything else? 154 00:09:18,020 --> 00:09:21,160 Said his partner was still out there, and then one of the crew members of my 155 00:09:21,160 --> 00:09:23,400 boat spotted him, and we pulled him on board. 156 00:09:23,960 --> 00:09:25,280 Could you describe his condition? 157 00:09:25,900 --> 00:09:29,700 Bad. He was bleeding from a head wound. He was near death. 158 00:09:30,100 --> 00:09:31,860 Did he tell you how he got the head wound? 159 00:09:32,380 --> 00:09:33,900 Objection. Overruled. 160 00:09:34,240 --> 00:09:39,420 He said the defendant wanted the life jacket and that the defendant hit him 161 00:09:39,420 --> 00:09:42,780 the head with a piece of wood and removed the life jacket and put it on 162 00:09:43,440 --> 00:09:45,120 And did he say anything else? 163 00:09:45,560 --> 00:09:47,040 No, he got kind of groggy. 164 00:09:47,300 --> 00:09:49,900 He died as we were heading back to shore. 165 00:09:50,969 --> 00:09:54,870 The parties stipulate that the cause of death for Mr. Terrence was a hematoma 166 00:09:54,870 --> 00:09:56,730 caused by a fractured skull. That's all. 167 00:09:59,450 --> 00:10:00,450 Mr. Ruluti. 168 00:10:02,770 --> 00:10:03,950 He said Mr. 169 00:10:04,170 --> 00:10:06,770 Forbes hit him with the wood. He referred to him as David. 170 00:10:07,330 --> 00:10:10,750 David hit me and stole my life jacket. That was basically it. 171 00:10:11,730 --> 00:10:12,730 Okay. 172 00:10:12,890 --> 00:10:14,710 I think that's all, Your Honor. 173 00:10:14,930 --> 00:10:16,390 Your Honor, one second. 174 00:10:17,290 --> 00:10:20,050 I'm co -counsel with Mr. Belluti. I'd like to confer. 175 00:10:20,310 --> 00:10:21,310 Make it quick. 176 00:10:23,430 --> 00:10:24,710 Is that their whole case? 177 00:10:24,990 --> 00:10:28,310 Well, they removed fragments from his head that matches the wood he was 178 00:10:28,310 --> 00:10:29,770 to. He could have got hit during the explosion. 179 00:10:30,150 --> 00:10:31,250 Has your guy talked? 180 00:10:31,610 --> 00:10:35,010 No. He's hit? Well, three others on board also heard what he said. 181 00:10:35,890 --> 00:10:37,190 Dying declaration, Lindsay. 182 00:10:37,430 --> 00:10:38,430 Can I try something? 183 00:10:38,850 --> 00:10:40,270 Be my guest. Mr. 184 00:10:42,290 --> 00:10:47,460 Brown, when you pulled Mr. Terrence on board, Did he say anything about his 185 00:10:47,460 --> 00:10:51,600 condition? Just that he knew he was hurt real bad, pointing at his head. 186 00:10:51,820 --> 00:10:55,180 Did he say anything to you that indicated he knew he was going to die? 187 00:10:55,400 --> 00:10:57,400 I think he knew. I'm not asking what you think. 188 00:10:57,780 --> 00:11:01,220 Did he indicate any knowledge on his part that he was about to die? 189 00:11:02,080 --> 00:11:03,080 Not directly. 190 00:11:03,460 --> 00:11:06,340 And did you say anything to him? Did you try to comfort him? 191 00:11:06,680 --> 00:11:07,680 Yes. Like how? 192 00:11:08,060 --> 00:11:11,780 You know, hang in there, we'll get you to the doctor. So you were trying to 193 00:11:11,780 --> 00:11:12,419 him hope? 194 00:11:12,420 --> 00:11:14,680 Yes. I certainly didn't tell him to give up. 195 00:11:15,000 --> 00:11:16,680 So it's possible he thought he might live. 196 00:11:17,560 --> 00:11:18,479 I guess. 197 00:11:18,480 --> 00:11:22,940 Sure. Your Honor, I move to strike all of this testimony its hearsay. The dying 198 00:11:22,940 --> 00:11:26,600 declaration exception doesn't apply unless the declarant knows he's dying. 199 00:11:26,600 --> 00:11:27,640 haven't made a showing that he did. 200 00:11:27,840 --> 00:11:29,620 I think he did know. Excuse me, sir. 201 00:11:34,260 --> 00:11:36,920 Ms. Gamble, have you got anybody else? 202 00:11:38,520 --> 00:11:40,020 Do I need anybody else? 203 00:11:40,320 --> 00:11:41,700 I wouldn't stop here. 204 00:11:43,440 --> 00:11:46,980 I can get another witness in here after lunch, Your Honor. We're adjourned until 205 00:11:46,980 --> 00:11:47,980 then. 206 00:11:50,040 --> 00:11:54,500 Nice. Helen, we have to take the shot. There goes our manicure, Lindsay. We'll 207 00:11:54,500 --> 00:11:55,740 be lucky now to make the facial. 208 00:11:56,400 --> 00:11:57,400 See you. 209 00:12:01,700 --> 00:12:08,480 The cop who arrested you? 210 00:12:08,800 --> 00:12:09,960 I did some checking. 211 00:12:10,220 --> 00:12:12,260 He has had a few of his cases kicked. 212 00:12:12,750 --> 00:12:13,750 He's a little aggressive. 213 00:12:13,930 --> 00:12:15,130 This is what I'm telling you. 214 00:12:15,510 --> 00:12:17,930 A client of mine got busted by this guy once. 215 00:12:18,350 --> 00:12:21,350 Yes, maybe we can call your clients as character witnesses. 216 00:12:21,770 --> 00:12:25,310 Miss Washington, are you going to fight for me or not? 217 00:12:29,370 --> 00:12:31,070 Nobody knew you were pregnant. 218 00:12:32,930 --> 00:12:33,930 No. 219 00:12:34,230 --> 00:12:35,690 You never went to the doctor? 220 00:12:36,370 --> 00:12:41,110 Nobody? I just wore baggy clothes, which... What about the father? 221 00:12:42,510 --> 00:12:44,610 He was the guy I dated for a couple of months. 222 00:12:45,990 --> 00:12:47,450 I haven't told him. 223 00:12:48,370 --> 00:12:52,350 So last night you gave birth all by yourself? 224 00:12:53,370 --> 00:12:54,370 Yes. 225 00:12:55,730 --> 00:12:57,190 She came out okay. 226 00:12:57,990 --> 00:13:00,990 And I was going to drop her off at the hospital this morning. 227 00:13:03,290 --> 00:13:08,470 When I heard Daddy's footsteps, I thought he was coming into my room. And 228 00:13:08,470 --> 00:13:10,590 put her in the closet in a box. 229 00:13:13,130 --> 00:13:19,030 stuff over the top i was afraid she'd cry and daddy would hear 230 00:13:19,030 --> 00:13:25,870 it was less than a minute i think how many 231 00:13:25,870 --> 00:13:32,290 coats did you put on top i don't know i just threw a bunch of clothes over the 232 00:13:32,290 --> 00:13:33,290 top 233 00:13:55,500 --> 00:13:57,240 I can't let this destroy the rest of her life. 234 00:13:59,260 --> 00:14:00,700 I need you to advise me. 235 00:14:03,000 --> 00:14:07,460 If we don't go forward with this, what do I need to know? 236 00:14:22,600 --> 00:14:24,080 Beck. Jimmy, have you seen Eugene? 237 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 238 00:14:27,960 --> 00:14:30,040 case. Have you heard of a cop named Alan Gill? 239 00:14:30,260 --> 00:14:31,960 He's the arrestee? You know him? 240 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. 241 00:14:36,080 --> 00:14:39,420 Great. Rebecca, this is just a prelim. You've tried cases. 242 00:14:39,640 --> 00:14:40,640 I've never done a prelim. 243 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 244 00:14:45,120 --> 00:14:47,700 -jacks me, then he don't show up. Blue Jack. Yeah, well, whatever. Something 245 00:14:47,700 --> 00:14:49,620 Jack. That much I know. I've been jacked. 246 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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