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Previously on The Practice.
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Did you murder her because she was going
to break off a sexual affair? I did not
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have an affair with her, and I did not
kill her. You're going down for murder
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now. You get that?
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It was Stephen.
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Your son, Stephen? I saw the door close
on him when he left. Why haven't you
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told anybody this? Because I don't want
him to spend the rest of his life in
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jail for something I drove him to.
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Let me go to the DA.
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Absolutely not. This is between you and
me. You gave me your word. We find the
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defendant guilty.
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I didn't do it.
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I didn't do it.
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Your dad saw you going out the door.
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The reason he's staying quiet, he
doesn't want to see you go to prison.
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He loves you too much for that.
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Jimmy, what happened?
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Stephen Olsen.
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He just hung himself in the garage.
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You think I'm going to ask a judge to
release a convicted murderer on the
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grounds that his defense attorney says
he's innocent? I expect you to because
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is innocent. For all I know, the kid
hung himself because his father's a
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That isn't the case. Well, give me
evidence.
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What happened?
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They tried to rape me.
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Inmates?
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Two of them.
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I covered my ass.
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My face didn't dare so well.
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Doctors say you're going to be okay.
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I want solitary, Jimmy.
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I don't want to be in the general
population anymore.
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Can you get me solitary, Jimmy?
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Richard, I want to reopen the Henry
Olsen case.
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On what grounds? On the grounds he's
innocent.
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Jimmy, I told you, bring me new evidence
and I can do this. There's no new
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evidence. But that doesn't change the
truth.
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The guy didn't do it.
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Look, I got a pretrial. Can we talk
later?
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Yeah.
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Listen, if the DA goes forward... That's
not going to happen. Why? Because your
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conviction rate? Because I don't believe
he's innocent.
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The case went to verdict.
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The right man is serving time.
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I need a favor here. I'm sorry.
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No.
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I filed a petition to reopen.
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Clyde Miller, murder in the first
degree. Hold on.
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Richard Bay for the Commonwealth, Your
Honor. We oppose bail of any kind. The
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suspect is obviously a flight risk, not
to mention... Is he represented?
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Inogen, we're waiting for somebody from
the PD's office.
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Mr. Berluti, come meet your new client.
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I'm not taking appointments today,
Judge.
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Oh, I'm afraid you are.
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We'll enter a not guilty for right now.
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Meet with Mr. Miller, then we'll
conference.
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Your Honor, I can't take... Are you in
trial, Mr. Berluti?
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No, but... Then meet with Mr. Miller.
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Next case, please.
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People versus Megan Boucher.
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Solicitation and loitering.
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Can I get you some more coffee?
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This is my third cup. Is Mr. Bradford
not available?
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He's just finishing up a conference
call. He'll be right back. He's been
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finishing that call for some time.
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We have other business scheduled for
today, and if he's too busy... I
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Thank you, Sheila.
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I'm sorry, Eugene, Rebecca.
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I've actually been conferencing with the
insurance company and Dr. Stiles.
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I pushed them up to 32, but that's as
far as they'll go, and Dr. Stiles is
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to be settling it all.
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Thirty -two?
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Yes.
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Thirty -two thousand?
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Yes.
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A man is dead.
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You're offering $32 ,000.
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Well, it's not a question of the worth
of the deceased, Eugene. You know that.
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The issue is liability. My client died
on the doctor's table.
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Look, you and I could debate this ad
nauseum.
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We're never going to agree.
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My client is adamant.
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So...
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Either we're going to end this at 32
,000, or we're going to have to let a
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decide.
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We'll be letting the jury decide.
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I didn't know he was a rabbi. I swear, I
didn't know. I understand this, but
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Clyde, whether you knew he was a rabbi
or not, it was still illegal for you to
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kill him. Does that mean they're going
to get me like on...
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One of those hate crimes?
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Because he's Jewish, I get nailed with a
hate crime?
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Clyde, hate crime isn't your worry.
You're up on first -degree murder. You
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rabbi over the head with a bat. But
don't they got a proven intent?
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My intent was to rob him.
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This is prejudice.
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Jews, they get special treatment.
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You think Jews get special treatment on
account of you not being able to hit
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rabbis with bats?
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I just meant to rob him.
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I was swinging for his shoulder blade.
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I'm begging you. Oh, right. I'm Jewish.
I really want to take this off your
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hands. He's not going to hit you. Forget
it.
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Lindsay. I've got the winter deficits
all week. Oh, come on. What's wrong?
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I'm going into court tomorrow, trying to
reopen on Henry Olsen. Judge just
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spanked me with a court -appointed Lou
Jack, and nobody here will lend a hand
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after I just flew cross -country to help
you. Jimmy, I can't. I'm in a pinch
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here. I need some assistance.
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All right.
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Eleanor, back him up. Why can't Lindsay
do it? Why can't I just give it to him?
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Because it's on the news, Jimmy.
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There's a big public outcry. Have you
been paying attention?
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Well, I got a motion to reopen on Henry
Olsen. I'll help on Olsen. Eleanor?
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Basically, they're still denying blame.
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The doctor evidently is reluctant to
settle it all.
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So what happens now?
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Well, we're still scheduled for trial
tomorrow. You can either take the 32,
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which...
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Well, our costs right now are running
over 14, so that plus the contingency,
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get about 11.
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$11 ,000?
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You make out better than us.
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Between my time and Eugene's, we've got
over $40 ,000 invested in this case.
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So why are we even hesitating? Let's go
to trial.
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Mrs. Riley, I'll be honest.
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This is a very tough case to win.
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Now, I believe the doctor was negligent,
but proving it...
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I know 11's not much, but I'm sure you
could use the money.
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Is there a woman that you love, Mr.
Young?
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Yes.
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Well, I'll tell you.
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The day comes, some doctor kills her.
The day comes, you have to bury her.
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I don't think you're going to be walking
away for $11 ,000, whether you could
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use the money or not.
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me out tomorrow.
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Did you get me isolation?
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They stuck the guys who did this to you
in the hole in me, so there'll be
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others, Jimmy.
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Look, I'm a freak.
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I'm the guy with the bug fetish. Okay.
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I'll take care of it.
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Meantime, I got a motion set tomorrow to
reopen your case.
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Is there any chance?
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I don't know.
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But I'm gonna fight.
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I promise you.
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I'm gonna fight.
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I, uh... I never told you how sorry I am
that he took his
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life.
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On account of me... No.
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It was me.
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If I hadn't confronted him, which I had
no legal right to do... Jimmy,
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consider who we had for a father.
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You're a good man, Henry.
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You've always been a good man.
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Your son knew that.
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Yeah.
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I'm gonna fight.
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The cast and crew of The Shield.
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I used to date a Jewish girl.
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I'm not prejudiced.
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I only hit the guy because he wouldn't
give me his money.
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Clyde, will you get off the Jewish
thing? It don't matter that the victim
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Jewish. What matters is he's dead.
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Oh, you don't know what this is going to
do to my parents. They're calling you a
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murderer. You think they're proud?
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All right, Jimmy. Forget that he was a
rabbi.
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All right.
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Look.
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Tell me what you were doing in that
alley to begin with.
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I was hiding. I was waiting amongst
somebody.
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But I would have hid any religion, I
swear.
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Guard! Look, I'm doing court on another
matter. I'm going to come back after
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lunch. Don't talk to anybody. You hear
me? Nobody.
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Yeah, fine. I'm not a talker. You were
thinking.
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Jimmy. The guy's got the IQ of a relief
pitcher.
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It was a birthday present.
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From you to your husband.
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Yes. He just couldn't take being fat.
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So as a birthday gift... I took him to
Dr. Stiles to talk about liposuction.
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And how did you hear of Dr. Stiles, Mrs.
Riley?
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I saw his ad.
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And when you went to see him?
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Everything was fine.
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He said my husband was a good candidate.
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Very exciting for my husband. He
couldn't wait to do it.
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So you decided to go for the surgery?
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Yes. It was just supposed to be an
outpatient thing, so...
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We arrived at his office at 7 in the
morning, and the procedure started
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at 10.
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And then at 1 o 'clock, the doctor came
out and
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told me that my husband was dead.
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Your husband was told there was a risk.
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Minimal risk.
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Possible risk of death, wasn't that one?
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Yes. It wasn't something that... The
message was that this operation was
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safe, Mr. Bradford.
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Please understand just how sorry I am
for your loss.
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Mrs. Riley, who was the first person to
suggest to you that Dr. Stiles might
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have been negligent? The first person?
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Yes.
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Well...
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I'm afraid I don't really understand the
question. Well, let me state it another
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way. Was it a doctor or was it a lawyer?
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Objection. What's the point, Mr.
Bradford? Well, Your Honor, there are
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cases where a doctor says negligence and
the plaintiff then engages a lawyer.
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And there are other cases where a lawyer
declares negligence and doctors are
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then rounded up to bolster the claim.
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Objection. Rephrase at counsel.
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Mrs. Riley, just how many firms did you
go to before finding one to take your
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case? Objection.
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Sidebar, Your Honor.
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Part of our defense is that this is a
spurious claim manufactured to flush out
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deep pocket insurance company.
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It is certainly relevant that other
attorneys decline to even take on the
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matter. It is certainly not relevant how
other lawyers assess this has nothing
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to do with the case. I agree.
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You're shut down there, Mr. Bradford.
Step back.
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Members of the jury...
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Whether or not other attorneys or law
firms elected to represent the plaintiff
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in this matter is without relevance, and
you're to disregard defense counsel's
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question.
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Let me see if I understand this.
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You learned during the trial from your
client that it was his son that killed
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the woman.
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I learned just before closing arguments,
yes.
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Then why didn't you go to the district
attorney right then and ask him...
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Because my client wouldn't let me.
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It was attorney -client privilege, and
he was looking to protect his son.
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I see. And if your client had been
acquitted, that would have been the end
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it.
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Well... You wouldn't be here today
seeking justice, would you, counsel?
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That would have been the end of it.
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Your Honor, my meeting with the boy,
though he didn't flat -out admit that he
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did it, he didn't deny it either.
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And a failure to deny can constitute an
admission under the rules of evidence.
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The courts don't simply throw out
convictions, counsel, simply because...
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kid hung himself.
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What does that say?
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I confronted him with what he did. He
goes home and hangs himself.
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That isn't evidence.
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Then let me offer evidence.
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You haven't got any, Jimmy. I would like
the court to hear from my client. This
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seems like a waste of the court's time.
He's serving a life sentence. We can't
244
00:14:48,000 --> 00:14:49,080
waste one afternoon.
245
00:14:54,250 --> 00:14:55,250
One day.
246
00:14:57,830 --> 00:14:59,470
I don't know what you really plan to
accomplish.
247
00:14:59,770 --> 00:15:02,910
I plan to accomplish getting him out of
prison, which he should be. Yeah, right.
248
00:15:03,030 --> 00:15:04,410
Look, how about we get together on
Miller?
249
00:15:04,670 --> 00:15:06,950
Fine. Cooperate with me on Olsen. I'll
talk on Miller.
250
00:15:07,450 --> 00:15:08,910
Don't insult my intelligence, Jimmy.
251
00:15:09,690 --> 00:15:11,370
I was insulting your integrity.
252
00:15:18,750 --> 00:15:21,230
Fluid is actually being pumped into the
body at this point.
253
00:15:21,870 --> 00:15:25,950
It's pretty much a salt solution
containing a local anesthetic. What kind
254
00:15:25,950 --> 00:15:26,950
anesthetic?
255
00:15:27,390 --> 00:15:29,350
Lidocaine. It numbs the patient.
256
00:15:29,710 --> 00:15:31,670
Is this a difficult procedure, doctor?
257
00:15:31,870 --> 00:15:33,010
It's quite simple, actually.
258
00:15:33,670 --> 00:15:34,930
Which is part of the problem.
259
00:15:35,350 --> 00:15:37,950
We've got dentists doing it,
dermatologists.
260
00:15:38,470 --> 00:15:42,130
It's lucrative, and a lot of doctors
want in. And if they're not careful, the
261
00:15:42,130 --> 00:15:43,130
procedure can be lethal.
262
00:15:43,410 --> 00:15:44,670
As it was in this case.
263
00:15:45,470 --> 00:15:47,350
What happened to Morris Riley?
264
00:15:48,310 --> 00:15:50,710
The first mistake was taking so much fat
out.
265
00:15:51,240 --> 00:15:54,000
Anything over 15%, in my view, is
unsafe.
266
00:15:54,400 --> 00:15:56,460
Is this what killed him? No.
267
00:15:56,820 --> 00:15:59,940
In my opinion, Mr. Riley suffered from a
lidocaine overdose.
268
00:16:00,320 --> 00:16:03,700
The lidocaine lowered the heart rate,
eventually causing cardiac arrest.
269
00:16:04,420 --> 00:16:08,580
And since he did this in his office
instead of at the hospital, he didn't
270
00:16:08,580 --> 00:16:12,160
the necessary technology or personnel
available to respond to the crisis.
271
00:16:14,440 --> 00:16:18,560
You weren't in the room, were you, Dr.
Willis? No, I was not. Have you ever
272
00:16:18,560 --> 00:16:20,420
performed a liposuction procedure, sir?
273
00:16:20,780 --> 00:16:21,780
I've done hundreds.
274
00:16:22,020 --> 00:16:23,020
Hundreds?
275
00:16:23,160 --> 00:16:24,160
Any in your office?
276
00:16:24,420 --> 00:16:25,420
Almost all of them.
277
00:16:25,620 --> 00:16:29,620
I see. So this decision not to go into a
hospital, you make that decision all
278
00:16:29,620 --> 00:16:32,280
the time. I would never take that much
fat out in my office.
279
00:16:33,060 --> 00:16:36,440
If I were going to remove more than 12
pounds, I would have done it in a
280
00:16:36,440 --> 00:16:37,440
hospital.
281
00:16:37,980 --> 00:16:39,760
That's a very good answer, Doctor.
282
00:16:40,330 --> 00:16:44,630
Can you state to a medical certainty
that Mr. Riley died from a lidocaine
283
00:16:44,630 --> 00:16:47,270
overdose? I can state it to a reasonable
certainty.
284
00:16:47,490 --> 00:16:49,570
But not to an absolute medical
certainty.
285
00:16:49,810 --> 00:16:53,570
That can almost never be done, counsel.
I see. And have you ever known Hartz to
286
00:16:53,570 --> 00:16:57,210
go into arrest during this procedure
absent a lidocaine overdose?
287
00:16:57,590 --> 00:16:58,269
Of course.
288
00:16:58,270 --> 00:16:59,510
That's possible here, isn't it, doctor?
289
00:16:59,710 --> 00:17:02,330
Possible, but my opinion is they
overloaded him with fluids.
290
00:17:02,910 --> 00:17:03,910
I see.
291
00:17:04,730 --> 00:17:08,869
Tell me, doctor, how many trials have
you testified in over the last year?
292
00:17:09,089 --> 00:17:10,089
Many.
293
00:17:10,969 --> 00:17:12,170
Many. More than 50?
294
00:17:13,130 --> 00:17:14,130
Around 50.
295
00:17:14,270 --> 00:17:18,589
And would it be fair to say, sir, that
you are primarily hired by these types
296
00:17:18,589 --> 00:17:19,650
plaintiff law firms?
297
00:17:19,930 --> 00:17:21,130
Objection. Sustained.
298
00:17:21,750 --> 00:17:22,869
Let me rephrase.
299
00:17:23,650 --> 00:17:26,230
You've been hired by this law firm
before, haven't you, sir?
300
00:17:26,430 --> 00:17:28,890
Objection. What's the relevance? It goes
to bias, Your Honor.
301
00:17:29,350 --> 00:17:33,290
He's been hired in the past and will be
hired in the future. This witness has
302
00:17:33,290 --> 00:17:36,070
incentive to satisfy personal injury law
firms.
303
00:17:36,430 --> 00:17:37,810
Objection! Move to strike that.
304
00:17:38,030 --> 00:17:42,950
I'm going to overrule the objection, but
I'm closing the door on this line of
305
00:17:42,950 --> 00:17:43,950
questioning.
306
00:17:44,630 --> 00:17:46,050
In that case, I'm done, Your Honor.
307
00:18:07,900 --> 00:18:09,960
You know what's going on. He's putting
us on trial.
308
00:18:10,860 --> 00:18:13,500
He wants the jury to associate this case
with you and me.
309
00:18:19,960 --> 00:18:23,860
All I can tell you at this time is the
suspect passed a psychiatric exam, which
310
00:18:23,860 --> 00:18:25,120
means he's competent to stand trial.
311
00:18:25,360 --> 00:18:27,920
Was the baseball bat found? I'm not
going to comment on the evidence at this
312
00:18:27,920 --> 00:18:30,940
time. When there's further developments,
I'll keep you apprised. Were you
313
00:18:30,940 --> 00:18:34,000
surprised this case was assigned to you
after so many recent high -profile
314
00:18:34,000 --> 00:18:35,000
flaws?
315
00:18:37,100 --> 00:18:38,540
There's no strategy here.
316
00:18:39,620 --> 00:18:40,960
Just speak from the heart.
317
00:18:41,400 --> 00:18:42,400
Okay.
318
00:18:43,100 --> 00:18:47,740
Will I have to get into the, uh... bugs?
319
00:18:48,800 --> 00:18:49,800
You might.
320
00:18:50,380 --> 00:18:52,420
You may have to open yourself up in
there, Henry.
321
00:18:52,860 --> 00:18:55,580
Our only chance is if the judge believes
you.
322
00:18:56,360 --> 00:18:57,960
If he thinks you're hiding anything.
323
00:18:58,240 --> 00:18:59,240
Okay.
324
00:19:01,780 --> 00:19:03,180
Should Allison be there?
325
00:19:04,620 --> 00:19:05,620
It couldn't hurt.
326
00:19:10,920 --> 00:19:15,120
Everything was going fine, and then
suddenly his blood pressure just
327
00:19:15,140 --> 00:19:16,140
Did you know why?
328
00:19:16,240 --> 00:19:21,840
No. There's always a risk in any
surgery. I do know we didn't overload
329
00:19:22,180 --> 00:19:25,820
When Mr. Riley's heart went into arrest,
what did you do?
330
00:19:26,040 --> 00:19:30,220
We massaged the chest, brought in a
defibrillator, started the heart again.
331
00:19:30,480 --> 00:19:31,600
But then it stopped.
332
00:19:32,000 --> 00:19:34,500
We wheeled on a crash cart. Contrary to
Dr.
333
00:19:34,720 --> 00:19:38,260
Will's assertion, we did have the
technology to respond to this crisis.
334
00:19:39,350 --> 00:19:43,250
Dr. Stiles, Mr. Riley did die on your
table.
335
00:19:43,770 --> 00:19:44,770
I know.
336
00:19:45,270 --> 00:19:47,770
And it was devastating for all of us.
337
00:19:48,250 --> 00:19:52,750
But death is a risk in every surgery.
338
00:19:53,630 --> 00:19:59,410
Sometimes, whether it be heart failure
or reaction to anesthesia,
339
00:19:59,890 --> 00:20:02,730
unforeseen circumstances take a life.
340
00:20:03,330 --> 00:20:09,840
All I can assure you of, as I've assured
Mrs. Riley, is that... Everything was
341
00:20:09,840 --> 00:20:11,180
done right in that room.
342
00:20:11,480 --> 00:20:14,140
This is not a death due to doctor error.
343
00:20:17,000 --> 00:20:19,020
Did you have a cardiothoracic surgeon?
344
00:20:19,620 --> 00:20:20,700
I beg your pardon?
345
00:20:21,160 --> 00:20:23,400
Did you have a cardiothoracic surgeon?
346
00:20:24,020 --> 00:20:27,980
Somebody who could open up the patient's
chest, massage the heart, maybe put him
347
00:20:27,980 --> 00:20:30,720
on bypass even. Did you have such a
doctor in your office?
348
00:20:31,220 --> 00:20:33,360
No. A hospital would have, right?
349
00:20:34,720 --> 00:20:37,140
How long have you been performing
liposuction, sir?
350
00:20:37,850 --> 00:20:41,230
I've been doing them for about two
years. You are a cosmetic surgeon who
351
00:20:41,230 --> 00:20:45,190
specializes on face reconstruction,
aren't you? If you're suggesting that
352
00:20:45,190 --> 00:20:48,350
not qualified to do the procedure... I'm
suggesting this isn't your specialty.
353
00:20:48,690 --> 00:20:52,090
I'm suggesting that up until two years
ago, you worked on faces and burned
354
00:20:52,090 --> 00:20:55,710
victims, but you didn't do liposuction.
Isn't that correct? I'm sorry. I have to
355
00:20:55,710 --> 00:20:56,730
object to this assault.
356
00:20:57,010 --> 00:20:58,010
This is an assault?
357
00:20:58,520 --> 00:21:02,540
Your Honor, I have a personal affection
for Mr. Young. I think he's a fine
358
00:21:02,540 --> 00:21:07,280
attorney. Perhaps a reminder that this
is a civil trial. Your Honor. Never
359
00:21:07,620 --> 00:21:10,380
I'm overruling the objection. Mr. Young,
proceed.
360
00:21:11,540 --> 00:21:13,960
You sucked out 22 pounds of fat, didn't
you, Doctor?
361
00:21:14,340 --> 00:21:17,020
Yes. You are aware that's more than
what's considered to be safe.
362
00:21:17,220 --> 00:21:19,700
You can't quantify safety with
statistics.
363
00:21:20,020 --> 00:21:23,980
It's done on a case -by -case basis, and
in this case, I felt it was safe.
364
00:21:24,580 --> 00:21:27,520
And he died? Not because I took out too
much fat.
365
00:21:28,000 --> 00:21:32,260
Well, as I understand it, the more fat
you suction out, the more trauma to the
366
00:21:32,260 --> 00:21:33,260
body. Is that correct?
367
00:21:33,280 --> 00:21:37,180
Yes. And the more lidocaine needed to...
This patient did not die from a
368
00:21:37,180 --> 00:21:38,180
lidocaine overdose.
369
00:21:38,220 --> 00:21:41,980
You know that to a medical certainty. As
I said, you can never know anything to
370
00:21:41,980 --> 00:21:44,160
a medical certainty. Then why are you
saying it with such certainty?
371
00:21:44,480 --> 00:21:45,399
Objection withdrawn.
372
00:21:45,400 --> 00:21:47,220
How much do you charge for this kind of
procedure?
373
00:21:47,560 --> 00:21:49,380
I charge Mr. Riley $8 ,000.
374
00:21:49,880 --> 00:21:50,880
And that's up front, right?
375
00:21:51,200 --> 00:21:54,620
No insurance to deal with? How is this
relevant? It is relevant because you're
376
00:21:54,620 --> 00:21:57,640
in the business of sucking fat out of
people without any concern. Objection!
377
00:21:57,640 --> 00:22:00,220
can save your personal affection, Mr.
Bradford. All right!
378
00:22:00,480 --> 00:22:04,680
This is a court of law, not a street
fight. What did you say? That's enough!
379
00:22:09,060 --> 00:22:15,600
Your Honor, I apologize both to you and
the jury for this unnecessary
380
00:22:15,600 --> 00:22:16,680
acrimony.
381
00:22:18,120 --> 00:22:21,780
Mr. Young, return your attention to the
witness, please.
382
00:22:26,120 --> 00:22:32,820
Mr. Olson, at trial, you said when you
came out of your
383
00:22:32,820 --> 00:22:35,100
office, you found the woman dead.
384
00:22:36,080 --> 00:22:37,620
Did you see anything else?
385
00:22:37,920 --> 00:22:38,920
Yes.
386
00:22:39,240 --> 00:22:41,020
I saw my son, Stephen.
387
00:22:41,560 --> 00:22:42,620
He was leaving.
388
00:22:43,420 --> 00:22:44,700
Your son, Stephen?
389
00:22:45,960 --> 00:22:52,670
Yes. But you never told anybody. I told
you deep into the trial only
390
00:22:52,670 --> 00:22:55,750
because you were going to accuse my
wife.
391
00:22:56,090 --> 00:22:57,650
Why did you keep this secret?
392
00:23:00,250 --> 00:23:03,510
He had his whole life ahead of him, Your
Honor.
393
00:23:04,250 --> 00:23:05,250
Me?
394
00:23:06,890 --> 00:23:13,330
I'm... I was a perverted deviant who
395
00:23:13,330 --> 00:23:15,830
liked to watch women step on bugs.
396
00:23:18,730 --> 00:23:24,110
I am the reason that he committed this
crime. I drove him to commit this crime.
397
00:23:26,050 --> 00:23:29,230
He'd heard his mother and me arguing
about my fetish.
398
00:23:31,890 --> 00:23:35,650
My attorneys told me that I had a chance
of winning a trial.
399
00:23:36,570 --> 00:23:43,550
So I took the chance, figuring if I
could get out of prison, I could get
400
00:23:43,550 --> 00:23:44,550
Stephen some help.
401
00:23:53,550 --> 00:23:54,710
Why should we believe you?
402
00:23:55,450 --> 00:23:56,910
Because I'm telling the truth.
403
00:23:57,170 --> 00:24:00,310
Well, your son is dead. He can't defend
himself to these charges.
404
00:24:00,630 --> 00:24:03,370
I told Mr. Belluti before he was dead.
405
00:24:03,570 --> 00:24:07,630
Even if you did, all this coincides with
your motive to be cleared of this
406
00:24:07,630 --> 00:24:11,170
crime. And all we have is your word
here.
407
00:24:11,610 --> 00:24:12,870
Isn't that right, Mr. Olson?
408
00:24:14,090 --> 00:24:17,990
You lied to your wife about this bug
thing. You kept the truth from your own
409
00:24:17,990 --> 00:24:20,670
attorneys. That is, if this latest
version is the truth.
410
00:24:21,480 --> 00:24:25,420
We have a conviction here supported by
evidence, which you're trying to
411
00:24:25,420 --> 00:24:27,640
with nothing but your word of honor.
412
00:24:28,520 --> 00:24:30,340
And my affidavit.
413
00:24:30,740 --> 00:24:35,980
I accused the son, Stephen, of killing
this woman. He didn't deny it. Instead,
414
00:24:36,220 --> 00:24:38,000
he goes home and kills himself.
415
00:24:38,580 --> 00:24:41,320
We have a tremendous injustice here.
416
00:24:41,860 --> 00:24:47,760
An innocent man is sitting in jail for a
crime he didn't commit. We can't just
417
00:24:47,760 --> 00:24:50,540
sit back and say, too late, game's over.
418
00:24:51,240 --> 00:24:52,720
It's not too late.
419
00:24:52,940 --> 00:24:54,760
There he still sits.
420
00:24:54,960 --> 00:24:57,040
It's not too late.
421
00:24:57,680 --> 00:25:04,240
We all say better to let ten guilty men
go free than send one innocent
422
00:25:04,240 --> 00:25:05,400
man to jail.
423
00:25:05,720 --> 00:25:09,100
And still he sits in prison innocent.
424
00:25:09,960 --> 00:25:12,840
He didn't kill that woman.
425
00:25:14,850 --> 00:25:19,430
Mr. Belluti, I'm impressed with your
passion, and I don't dismiss the value
426
00:25:19,430 --> 00:25:23,190
your affidavit, but still, we have a
process here.
427
00:25:23,630 --> 00:25:28,310
The jury listened to every witness, they
deliberated, and they returned a
428
00:25:28,310 --> 00:25:32,490
verdict. And I certainly have to have
more than a defendant's word and an
429
00:25:32,490 --> 00:25:34,130
attorney's word that he's innocent.
430
00:25:34,910 --> 00:25:38,110
Otherwise, I'd be making a mockery of
the jury system altogether.
431
00:25:38,870 --> 00:25:39,910
That's one thing.
432
00:25:41,000 --> 00:25:45,320
If the D .A. was coming forward with you
saying an injustice has been done.
433
00:25:45,820 --> 00:25:46,820
But here.
434
00:25:49,880 --> 00:25:51,400
All I have is you.
435
00:25:52,140 --> 00:25:53,280
The man's lawyer.
436
00:25:53,480 --> 00:25:54,480
The man's friend.
437
00:25:55,220 --> 00:25:56,460
Protesting his innocence.
438
00:25:58,960 --> 00:26:00,300
The conviction stands.
439
00:26:00,900 --> 00:26:01,900
Adjourned.
440
00:26:30,890 --> 00:26:31,890
Come on to me.
441
00:26:39,990 --> 00:26:41,510
I think we should call him on it.
442
00:26:42,070 --> 00:26:44,390
I mean, how can we just sit back? Stick
to the case, Rebecca.
443
00:26:44,970 --> 00:26:45,849
He's not.
444
00:26:45,850 --> 00:26:46,850
You know he's not.
445
00:26:47,790 --> 00:26:50,390
We play any other card at this point, we
just look desperate.
446
00:26:51,250 --> 00:26:52,730
We stick to the merits of the case.
447
00:27:09,399 --> 00:27:10,760
You're wasting your time, Jimmy.
448
00:27:11,380 --> 00:27:14,380
What, you think you're going to liquor
me out? Suppose I deliver the rabbi
449
00:27:14,380 --> 00:27:15,380
killer.
450
00:27:16,120 --> 00:27:17,120
Murder, too.
451
00:27:20,440 --> 00:27:23,320
Clyde Miller, Henry Olsen, straight up.
452
00:27:24,560 --> 00:27:29,460
First of all, what you're proposing is
so unethical. Which is why I never
453
00:27:29,460 --> 00:27:30,399
proposed it.
454
00:27:30,400 --> 00:27:34,100
Second, I don't need any favors on
Miller. We got the guy.
455
00:27:34,340 --> 00:27:35,339
No, you don't, Richard.
456
00:27:35,340 --> 00:27:36,340
Prince on the bat.
457
00:27:36,810 --> 00:27:42,710
rabbi's dna all over he found the rabbi
dead in the alley decided to rob him is
458
00:27:42,710 --> 00:27:48,050
that his story could be and you can't
completely disprove it the guy's got an
459
00:27:48,050 --> 00:27:53,050
assault record as long yeah history of
mugging not killing and all we need is
460
00:27:53,050 --> 00:27:59,710
one lone juror high profile case public
outrage you lose this one richard
461
00:27:59,710 --> 00:28:06,250
i know you don't want to think about
that i won't lose it jimmy Save your
462
00:28:06,250 --> 00:28:07,430
trying to intimidate me.
463
00:28:07,750 --> 00:28:11,590
I got an innocent man and a way to make
things easy for you.
464
00:28:12,010 --> 00:28:13,330
It's win -win.
465
00:28:14,010 --> 00:28:15,170
Justice, justice.
466
00:28:19,690 --> 00:28:25,010
If, I say if, Olsen passes a polygraph,
467
00:28:25,070 --> 00:28:29,610
I will consider a joint recommendation
to the court.
468
00:28:35,690 --> 00:28:39,370
In a completely unrelated matter, I'm
offering Clyde Miller murder, too.
469
00:28:51,610 --> 00:28:54,170
Res ipsa loquitur.
470
00:28:54,950 --> 00:29:00,210
That's a Latin term which basically
means, what happened speaks for itself.
471
00:29:00,530 --> 00:29:02,590
And that's what we have here.
472
00:29:03,350 --> 00:29:06,470
That man... was in exclusive control of
the situation.
473
00:29:06,730 --> 00:29:10,890
The patient died in a procedure where
injury does not normally occur.
474
00:29:11,250 --> 00:29:15,750
After going in for liposuction, a
procedure so simple dentists are now
475
00:29:15,810 --> 00:29:19,890
he came out dead. And the doctor's
response is, well, sometimes it happens.
476
00:29:20,190 --> 00:29:21,189
Patients die.
477
00:29:21,190 --> 00:29:22,750
And you know why he died, ladies and
gentlemen?
478
00:29:23,250 --> 00:29:24,250
Money.
479
00:29:24,590 --> 00:29:29,570
Money. With HMOs cutting costs, with
hospitals slashing doctors' salaries,
480
00:29:29,770 --> 00:29:33,610
surgeons are turning to cosmetic surgery
to heat their pools. Forget having to
481
00:29:33,610 --> 00:29:37,710
wait for insurance reimbursements. These
procedures aren't covered by insurance.
482
00:29:37,930 --> 00:29:42,550
The money's up front. Six, seven, eight
thousand dollars a pop for liposuction.
483
00:29:42,650 --> 00:29:43,710
Are we talking about cash, people?
484
00:29:44,330 --> 00:29:45,790
And they do it right in their offices.
485
00:29:46,190 --> 00:29:48,710
Because you start cutting profits when
you do it in a hospital.
486
00:29:49,130 --> 00:29:52,690
Which is okay when things go right, I
guess.
487
00:29:52,990 --> 00:29:54,230
But when things go wrong?
488
00:29:55,820 --> 00:29:56,820
Morris Riley.
489
00:29:58,860 --> 00:29:59,860
Death.
490
00:30:03,800 --> 00:30:06,260
He took out 22 pounds of fat.
491
00:30:06,780 --> 00:30:08,360
Too much by medical standards.
492
00:30:08,780 --> 00:30:13,020
He had to load him with extra lidocaine
in order to do it. Lidocaine, a drug
493
00:30:13,020 --> 00:30:15,760
that slows the pulse, a drug that
affects the heart.
494
00:30:15,980 --> 00:30:20,100
And he did it in his office with no
cardiologist and no cardiothoracic
495
00:30:20,100 --> 00:30:22,820
in the building. This should have been
done in a hospital.
496
00:30:23,960 --> 00:30:25,140
Something went terribly wrong.
497
00:30:25,900 --> 00:30:26,900
Simple procedure.
498
00:30:27,560 --> 00:30:28,560
Patient dies.
499
00:30:29,220 --> 00:30:31,580
Something went terribly wrong.
500
00:30:33,320 --> 00:30:36,520
Res ipsa loquita.
501
00:30:40,400 --> 00:30:41,400
Murder two?
502
00:30:42,080 --> 00:30:43,180
Isn't that like life?
503
00:30:43,540 --> 00:30:45,540
It is, but with parole maybe.
504
00:30:46,000 --> 00:30:50,880
If you go down on murder one, forget it.
And you don't think that we could beat
505
00:30:50,880 --> 00:30:51,880
it?
506
00:30:52,020 --> 00:30:53,480
O .J., he beat it.
507
00:30:54,400 --> 00:30:58,320
Honest, we could take the shot, but I
don't think we'd win.
508
00:30:58,780 --> 00:31:01,180
In which case, you are looking at murder
one.
509
00:31:02,080 --> 00:31:09,060
I think if we could make this go away
quiet, with murder two, we'd be crazy
510
00:31:09,060 --> 00:31:10,060
to take it.
511
00:31:18,760 --> 00:31:21,020
Never mind there's been no negligence.
512
00:31:22,640 --> 00:31:25,780
Never mind nobody did anything wrong. Go
to court.
513
00:31:26,380 --> 00:31:29,380
Roll the dice and hope for a jackpot.
514
00:31:30,600 --> 00:31:31,980
Didn't used to be this way.
515
00:31:32,480 --> 00:31:37,540
But with the proliferation of law
schools and the lowering of the bar, if
516
00:31:37,540 --> 00:31:43,800
will, we have a glut of attorneys and a
resulting boom of litigation to feed
517
00:31:43,800 --> 00:31:44,759
them.
518
00:31:44,760 --> 00:31:51,220
And accordingly, you can always find a
lawyer to take your case today. And Mrs.
519
00:31:51,340 --> 00:31:52,340
Riley,
520
00:31:52,400 --> 00:31:56,060
Found two very capable ones to take
hers, didn't she?
521
00:31:56,780 --> 00:32:03,180
The problem is, she has no evidence to
establish any
522
00:32:03,180 --> 00:32:05,620
wrongdoing by Dr. Stiles.
523
00:32:06,500 --> 00:32:09,780
But we had an unfortunate result.
524
00:32:10,560 --> 00:32:15,200
And therefore, we are automatically
leaping to negligence.
525
00:32:15,560 --> 00:32:20,480
Mr. Young even admitted as much, didn't
he? When he stood up here saying, Res
526
00:32:20,480 --> 00:32:21,640
Ipsa.
527
00:32:23,170 --> 00:32:24,410
Let's presume it.
528
00:32:25,990 --> 00:32:29,870
I have compassion for Mrs.
529
00:32:30,110 --> 00:32:31,770
Riley's pain, as I'm sure you do.
530
00:32:32,250 --> 00:32:37,070
Her husband's heart gave out, as hearts
sometimes do.
531
00:32:38,370 --> 00:32:40,950
There is a tragedy here, no question.
532
00:32:42,210 --> 00:32:45,590
But there is no malpractice.
533
00:32:54,830 --> 00:32:56,290
Mr. Young, rebuttal.
534
00:33:00,830 --> 00:33:05,810
Whether there is malpractice or not,
that is your decision.
535
00:33:06,910 --> 00:33:11,450
But I hope you don't think less of Mrs.
Riley's cause of action because of the
536
00:33:11,450 --> 00:33:13,330
lawyers she found to represent her.
537
00:33:13,610 --> 00:33:14,830
Well, don't get me wrong.
538
00:33:15,210 --> 00:33:18,410
Like Mr. Bradford said, we're capable
attorneys.
539
00:33:18,630 --> 00:33:20,890
I think we're even a credit to our
profession.
540
00:33:21,570 --> 00:33:24,190
But let's face it, we're not the best.
541
00:33:25,290 --> 00:33:29,730
We've come a long way, we've made some
progress, but we're just not the first
542
00:33:29,730 --> 00:33:30,890
choice, are we?
543
00:33:31,230 --> 00:33:32,370
What's going on here?
544
00:33:32,830 --> 00:33:37,830
What's going on with the proliferation
of law schools and the lowering of the
545
00:33:37,830 --> 00:33:42,510
bar? And more and more attorneys like us
are finding our way into this room.
546
00:33:42,970 --> 00:33:47,050
I'm agreeing with you, Mr. Bradford.
Counsel, if you're not going to argue
547
00:33:47,050 --> 00:33:49,090
evidence, I'll ask you to return to your
seat.
548
00:33:49,550 --> 00:33:53,290
Mr. Young and I are very much in
evidence, Your Honor.
549
00:33:53,870 --> 00:33:57,130
Mr. Bradford put us in evidence.
550
00:33:57,570 --> 00:34:02,890
He asked Mrs. Riley who first told her
there was negligence. Was it a doctor or
551
00:34:02,890 --> 00:34:03,930
was it your lawyer?
552
00:34:04,330 --> 00:34:07,850
He asked her, how many law firms did you
visit before you found an attorney
553
00:34:07,850 --> 00:34:09,250
willing to take your case?
554
00:34:09,550 --> 00:34:14,750
He asked our expert witness if he was
regularly hired by these types of
555
00:34:14,750 --> 00:34:15,889
plaintiff law firms.
556
00:34:17,150 --> 00:34:22,420
He announces... his personal affection
for Mr. Young, and then reminds him this
557
00:34:22,420 --> 00:34:23,520
isn't a street fight?
558
00:34:24,860 --> 00:34:28,440
We are very much in evidence, Your
Honor, and I don't like it.
559
00:34:29,699 --> 00:34:31,080
I don't like it one bit.
560
00:34:31,360 --> 00:34:33,260
Ms. Washington, I'll ask you once again.
561
00:34:33,639 --> 00:34:35,940
Please confine your remarks to the case.
562
00:34:39,840 --> 00:34:44,960
Wife saves up money to give her husband
a liposuction procedure.
563
00:34:45,980 --> 00:34:47,380
They go to a doctor.
564
00:34:48,040 --> 00:34:51,500
Doctor performs procedure, husband dies.
565
00:34:52,699 --> 00:34:54,360
That's a pretty good case.
566
00:34:54,900 --> 00:35:00,440
Imagine how strong it would be if Mrs.
Riley had found the right kind of
567
00:35:00,440 --> 00:35:01,440
lawyers.
568
00:35:15,360 --> 00:35:17,000
I didn't do anything.
569
00:35:17,480 --> 00:35:18,238
Where's Jimmy?
570
00:35:18,240 --> 00:35:20,920
Right here. You signed off on murder,
too, with Clyde Miller?
571
00:35:21,640 --> 00:35:22,578
Just like that?
572
00:35:22,580 --> 00:35:23,760
We had to take it or leave it.
573
00:35:23,980 --> 00:35:24,980
One -time offer.
574
00:35:25,000 --> 00:35:27,460
So why did you take it? Because he was
looking at first degree.
575
00:35:27,700 --> 00:35:31,120
Well, we still could have tried the
thing. And lost. But maybe won. There
576
00:35:31,120 --> 00:35:32,120
evidence. Oh, please.
577
00:35:32,660 --> 00:35:34,360
Jimmy, there were no witnesses.
578
00:35:34,780 --> 00:35:37,760
I just beat a much tougher case than
this one a month ago with Daryl
579
00:35:37,880 --> 00:35:38,880
What's going on?
580
00:35:39,310 --> 00:35:42,550
Clyde Miller, he just copped a second
degree. There were no rabbits to pull on
581
00:35:42,550 --> 00:35:46,390
this one, Eleanor. They had him dead to
center. Even so, Jimmy, this seems a
582
00:35:46,390 --> 00:35:49,910
little rushed. And since I am second
chair, I think you could have run this
583
00:35:49,910 --> 00:35:52,010
me before you... I didn't think you
really wanted to be bothered.
584
00:35:52,290 --> 00:35:53,290
Okay.
585
00:35:53,770 --> 00:35:54,770
Good news.
586
00:35:54,890 --> 00:35:55,990
Henry passed the polygraph.
587
00:35:56,190 --> 00:35:58,610
He did? Yeah. They're transferring him
to the courthouse.
588
00:35:59,990 --> 00:36:01,390
What you taking the polygraph for?
589
00:36:02,090 --> 00:36:05,110
Richard Bay. I worked him up last night.
He said if Henry passed a lie detector,
590
00:36:05,390 --> 00:36:06,390
he'd endorse his release.
591
00:36:06,770 --> 00:36:08,490
Bay's gonna recommend release now?
592
00:36:08,970 --> 00:36:10,450
He said a polygraph would sell him.
593
00:36:12,130 --> 00:36:15,930
Richard Bay, the DA on... Clyde Miller.
594
00:36:21,690 --> 00:36:22,690
Oh, my God.
595
00:36:23,130 --> 00:36:24,130
Tell me.
596
00:36:24,310 --> 00:36:25,310
In my office.
597
00:36:25,470 --> 00:36:28,810
I can't. They're transferring Henry back
to the courthouse. In my office.
598
00:36:35,980 --> 00:36:39,700
You served up Miller to get Henry out? I
made independent deals. Don't screw
599
00:36:39,700 --> 00:36:43,260
with me, Jimmy. I made separate deals
for two. You don't just cop to murder
600
00:36:43,500 --> 00:36:47,240
Judgment call and don't tell me you've
never done it. I know you've done it.
601
00:36:47,240 --> 00:36:49,380
talking here. And I'm not listening.
Shut up!
602
00:36:50,360 --> 00:36:54,640
And don't you, don't you dare put
yourself in my position.
603
00:36:55,240 --> 00:36:57,420
A man isn't in jail because of you.
604
00:36:57,740 --> 00:37:01,160
A kid didn't put a noose around his neck
because of you.
605
00:37:01,780 --> 00:37:02,920
You're falling apart.
606
00:37:03,380 --> 00:37:04,380
Of course I'm falling apart.
607
00:37:05,340 --> 00:37:11,720
I've been falling apart for three
months. I got to fix this, Bobby. I
608
00:37:11,720 --> 00:37:15,920
you. You just stay the hell out of it. I
can't. Clyde Miller is a client of this
609
00:37:15,920 --> 00:37:19,640
firm. I explained the deal to him. He
took it. He's stupid. He'll do whatever
610
00:37:19,640 --> 00:37:23,780
you say. You keep out of it. You want to
fire me, fire me. But I got to fix
611
00:37:23,780 --> 00:37:24,780
this.
612
00:37:31,400 --> 00:37:32,400
He's a killer.
613
00:37:32,620 --> 00:37:34,120
He killed a rabbi.
614
00:37:34,570 --> 00:37:35,650
He should be in jail.
615
00:37:36,830 --> 00:37:38,450
Henry Olsen shouldn't be.
616
00:37:39,510 --> 00:37:41,150
This is a just result.
617
00:37:44,210 --> 00:37:45,990
It doesn't work like that, Jimmy.
618
00:37:47,950 --> 00:37:48,950
Please.
619
00:37:50,170 --> 00:37:51,650
Two separate deals.
620
00:37:52,170 --> 00:37:53,730
Two different cases.
621
00:37:54,290 --> 00:37:56,710
He'd go down on murder one if we tried
it.
622
00:37:57,650 --> 00:37:59,370
Just let this be.
623
00:38:27,150 --> 00:38:28,250
It could take some time.
624
00:38:29,010 --> 00:38:30,590
They first have to decide on liability.
625
00:38:31,130 --> 00:38:34,670
If they find him negligent, then they go
to damages.
626
00:38:35,730 --> 00:38:37,130
It could take some time.
627
00:38:47,950 --> 00:38:51,630
You angry?
628
00:38:54,710 --> 00:38:56,530
I just don't know that you helped,
Rebecca.
629
00:38:56,940 --> 00:39:00,180
It was in the air. I wasn't playing
cards, I promise.
630
00:39:04,280 --> 00:39:05,820
I just had to clear some air.
631
00:39:26,350 --> 00:39:27,650
This is way too fast.
632
00:39:28,270 --> 00:39:29,350
Tell me about it.
633
00:39:36,450 --> 00:39:39,130
Mr. Foreman, the jury has reached a
verdict.
634
00:39:39,570 --> 00:39:41,650
We have, Your Honor. What say you?
635
00:39:42,510 --> 00:39:47,670
On question one, do we find the
defendant negligent? We, the jury,
636
00:39:49,470 --> 00:39:53,810
On question two, do we find the
defendant's negligence to be the
637
00:39:53,810 --> 00:39:54,890
of Morris Riley's death?
638
00:39:55,790 --> 00:39:57,410
We, the jury, answer yes.
639
00:40:00,030 --> 00:40:04,850
We further order the defendant to pay
damages to the plaintiff in the amount
640
00:40:04,850 --> 00:40:05,850
$6 million.
641
00:40:09,750 --> 00:40:10,770
Did he pay?
642
00:40:11,710 --> 00:40:12,810
What did he pay?
643
00:40:13,010 --> 00:40:15,190
He sure didn't pay $32 ,000.
644
00:40:15,510 --> 00:40:16,510
$6 million?
645
00:40:19,770 --> 00:40:23,930
Your Honor, we move for a judgment
notwithstanding the verdict and ask that
646
00:40:23,930 --> 00:40:24,930
award be put aside.
647
00:40:25,980 --> 00:40:28,060
Denied. This matter is adjourned.
648
00:40:28,360 --> 00:40:30,540
Members of the jury, thank you for your
service.
649
00:40:35,280 --> 00:40:38,380
Mr. Bay, I must say, I didn't expect
this.
650
00:40:38,700 --> 00:40:43,080
Your Honor, Mr. Berluti's verified
affidavit, the boy's suicide, I have to
651
00:40:43,080 --> 00:40:45,220
admit, it gives me serious pause.
652
00:40:45,620 --> 00:40:49,540
Then this morning, Mr. Olson took a
polygraph, which he passed.
653
00:40:49,900 --> 00:40:53,980
Though that's not legally admissible, it
should certainly be deemed reliable
654
00:40:53,980 --> 00:40:57,970
and... Well, the Commonwealth no longer
believes he committed the crime.
655
00:40:58,610 --> 00:41:00,710
At the minimum, he should be granted a
new trial.
656
00:41:01,650 --> 00:41:04,910
Oh, and if granted a new trial, would
the Commonwealth pursue it?
657
00:41:05,250 --> 00:41:06,249
No, Your Honor.
658
00:41:06,250 --> 00:41:08,350
We couldn't proceed in good faith at
this point.
659
00:41:08,630 --> 00:41:11,270
Well, then I'm certainly not going to
waste anybody's time.
660
00:41:13,390 --> 00:41:17,690
Mr. Olsen, you're a free man. The
conviction is set aside. You can go.
54536
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