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I don't understand.
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You've got all the evidence.
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He knows he killed her. What defense
could he have?
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Honestly, I don't know.
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I thought insanity, but I guess they
can't find a shrink willing to testify.
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I prayed he'd plead guilty, so this
would be over.
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Well, we don't start for another hour.
We can still offer him a deal.
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What kind of deal?
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Murder, too.
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And that's a gift.
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That's still life, man. With the
possibility of parole.
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No, no.
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Daryl, you have no defense.
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Your semen was found in the victim. I
made love with her earlier. Your prints
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are on the murder weapon.
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A witness saw you run out of her
apartment at the time she was murdered.
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witness got it wrong, Mr. Young.
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It's as simple as that. Well, she seems
pretty sure.
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She got it wrong.
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A friend of mine in this trial called
this doctor witness.
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He talked about how some white people
can't tell black people apart, some
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disease or something like that.
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That witness has got that disease is
all.
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We got to call this doctor.
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I don't think race is an issue here,
Darryl.
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You don't understand, Mr. Young.
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I'm instructing you to make it an issue.
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What do you mean you want out?
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Just what I'm saying, Your Honor. The
trial is set to start in 40 minutes. My
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client and I have insurmountable
differences, which would have... Such
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That's privileged.
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Let's just say it's about strategy and
ethics.
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Eugene, every lawyer seems to have
insurmountable differences with the
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-appointed cases.
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I'm telling you, this one is real.
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You know me well enough to know that if
I say it, it is real.
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I'm not letting you out for a strategy
difference. Forget it.
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Your Honor, I'm asking a favor here.
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I can't let you out.
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Not now.
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When did they take him in?
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Three weeks ago. And they wouldn't tell
you anything?
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The only thing I know is that the FBI
has him somewhere.
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I hired a lawyer. He got nowhere.
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I hate coming to a patient, but I... No
problem.
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Your husband's first name? Bill.
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Bill Ford. And his middle initial?
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Habib.
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I'm sorry?
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Ford is my maiden name. My husband's
last name is Habib.
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All I'm saying, I just think if the FBI
picked him up, they must have had a good
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reason. This woman is my doctor, Jimmy.
Her husband's been in this country for
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30 years.
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Why'd they grab him? Just because he's
Arab?
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He's Arab -American, and we don't know
why they grabbed him. They're not
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us. Well, like I said, last time I
checked, the police don't arrest people
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no reason.
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When is the last time you checked?
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Linda McLaughlin was the first person in
her family to go to college.
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These are her parents.
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The evidence will show that on November
19th of last year, their daughter Linda
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walked out of the campus grocery store
and was accosted by the defendant,
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Daryl Johnson, a homeless man who
panhandles in the area.
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Daryl followed Linda home, raped her,
then beat her to death.
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After we prove it...
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I will ask you to find Daryl Johnson
guilty of murder in the first degree.
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Mr. Young?
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Mr. Young?
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The evidence will not establish that
Daryl Johnson committed this crime.
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The evidence will establish that the
police arrested him simply because he
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the profile in their minds of the type
of person who would commit this
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particular crime.
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I'm Special Agent Charles Renford. Sorry
for the delay. Oh, no problem. I assume
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you guys are pretty busy right now. What
can I do for you? I've been trying to
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talk to these two agents about Bill
Habib, and I... Well, these agents got
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pulled onto details overseas. They are
not available.
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Okay.
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Can you tell me anything?
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I'm sorry, I can't.
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Is that because you don't know or
because you won't say?
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Agent Renford, I am formally requesting
you let me see my client.
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I'm afraid you can't.
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What do you mean? I'm his lawyer.
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You can't see him, Miss Washington.
That's all I can say.
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First, find out where he's being held.
Call the Bureau of Prisons.
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I did.
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Along with the State Board of
Corrections, Suffolk County Jail,
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Nobody knows a thing. Call the INS. They
can hold someone indefinitely, even if
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there's a hint of an immigration
problem. He's a U .S. citizen.
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He has been for 20 years.
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I'd still check it out. You don't know
what they can do now.
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What about his first lawyer?
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He won't talk to me. Says he's been
ordered not to.
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Ordered? By who? I have no idea.
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Okay.
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00:06:39,160 --> 00:06:41,800
If the feds took him, you gotta assume
they still got him.
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File a federal habeas, make them produce
his body at least.
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The girl had just walked out of the
market when he walked up to her. This
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Yes.
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Mr. Banks, have you ever seen the
defendant before?
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He's a street guy.
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Carries your bags for change.
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Sometimes he can get aggressive.
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Objection. Sustained. The jury will
disregard.
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Just tell us what you saw that day.
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He tried to carry her shopping bags.
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And she was like, whoa, I got it.
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They kind of argued over the bags for a
minute, and then she walked away.
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What did the defendant do then?
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He stood there, pissed.
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Then he started to follow her.
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Did you hear anything they said?
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No. And when you say they argued...
Well, it looked like they argued. About
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bags. Could they have been talking about
something else?
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I don't know. I guess.
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You guess.
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So it's possible then they were talking
about something else.
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Yes. And, Mr. Banks, you never thought
Miss McLaughlin was in danger, did you,
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sir? In danger?
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Well, yes. You saw her with my client.
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You didn't think she needed help or that
you should call the police, did you?
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No.
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Thank you, sir.
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That's it?
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Darryl, if you're unhappy with my work,
you can tell the judge and get a new
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lawyer.
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You're the right lawyer for this, Mr.
Young.
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I'm sure about that.
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Agent Renford, I didn't expect to see
you. Theodore McNally, assistant U .S.
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attorney. Thanks for coming down.
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Let me give you this back.
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My habeas.
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It isn't filed?
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Clerk's office caught it. You can't file
it.
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What do you mean I can't file it? This
involves classified material, top secret
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or higher. It can't be... I'm just
asking to see my client.
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Now, when do I get to see my client?
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After you get a national security
clearance.
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Renford will expedite it.
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I'll need your home address, social
security number, names of family
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and how you know Mr. Habib. I haven't
even met him yet. Hold on.
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I need to warn you. Anything you say can
and will be used against you and your
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client. Used against me? What are you
talking about? This case involves
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security. You want to defend Habib? You
need a clearance.
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To get it, you've got to go through us,
answer our questions. If you lie to us,
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it's perjury, plus everything we tell
you.
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is privileged if you divulge any of it
to anyone you'll be prosecuted and what
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if i don't want a security clearance
what if i object it's a violation of my
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right then mr habib gets no lawyer
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i
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need security clearance to see my own
client who i never met i don't know why
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was arrested rebecca these are different
times Thank you, Lucy.
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So what happens next?
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Assuming I get the clearance, I'm hoping
to meet the client tomorrow.
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I haven't found him yet.
156
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So we're off to federal court.
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I'm hoping to persuade a judge to order
the government to at least tell us where
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he is.
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Okay?
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Sarah?
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Is it possible your husband is involved
in something?
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No, Rebecca, that's not possible.
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I'm sorry.
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As your lawyer, I had to ask you that
question.
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Right. We wouldn't want you committing
malpractice.
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Numerous skull fractures, massive and
fatal head trauma.
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00:10:53,130 --> 00:10:54,730
What caused these injuries, Detective?
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A table lamp was found near the body,
covered with blood and portions of her
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scalp. It was determined to be the
murder weapon.
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Were any fingerprints on the lamp?
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The defendant's fingerprints were found
on both the lamp and the victim.
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00:11:08,170 --> 00:11:12,550
Detective, what other evidence did you
find?
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A rape examination revealed the presence
of semen.
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We did a DNA test.
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It matched the defendant.
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Thank you.
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Mr. Young?
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Did you find bruising?
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We found bludgeoning.
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That wasn't my question.
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Did you find bruising in the vaginal
area?
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We didn't find that.
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00:11:38,880 --> 00:11:39,759
How about tearing?
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No. Did you find defensive wounds on the
victim's hands or arms, skin under her
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fingernails? No.
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00:11:46,720 --> 00:11:50,240
Detective, can you rule out the
possibility of consensual sex here?
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Objection. Overruled. Doesn't sound like
she was fighting, does it?
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This could have been consensual.
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Sidebar, Your Honor.
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Quickly.
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There is no good faith basis for the
suggestion of consensual sex here, and
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knows it. My client says it's
consensual.
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That's it.
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That's all he needs.
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00:12:14,780 --> 00:12:17,520
Your Honor, it's bad enough the parents
have to sit here and listen to the
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details. You can advise the parents to
leave the room, Helen. In fact, why
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you? This is your defense?
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That the sex was consensual? This is his
defense, Your Honor, and you can take
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me off whenever you please.
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00:12:31,790 --> 00:12:36,030
Assuming that Mr. Young does in fact
have a good faith basis for the
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I'll allow it. Your Honor. He's entitled
to put on a defense, Counsel.
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00:12:42,150 --> 00:12:43,430
But tread lightly, Eugene.
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Now step back.
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Detective.
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Is it possible the sex here was
consensual, yes or no?
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I suppose it's possible, but there's...
Thank you, sir.
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00:12:58,760 --> 00:12:59,760
That's all.
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00:13:12,220 --> 00:13:13,640
Sorry, ma 'am, no bags inside.
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00:13:14,040 --> 00:13:16,720
Can I get a piece of paper? No, ma 'am,
no writing materials.
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00:13:20,040 --> 00:13:21,040
Sorry, ma 'am.
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What's wrong?
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Closed courtroom, only the lawyers.
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00:13:25,330 --> 00:13:28,410
This is the man's wife. Orders of the
court, ma 'am. No visitors.
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00:13:31,030 --> 00:13:32,050
Okay, I'm sorry.
215
00:13:32,710 --> 00:13:33,710
I understand.
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00:13:34,490 --> 00:13:37,310
Go ahead, Rebecca. Just please tell Bill
I'm out here.
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I heard the screaming and I knew
something wasn't right.
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00:13:47,390 --> 00:13:50,790
So I opened my apartment door and looked
out and, uh...
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00:13:51,070 --> 00:13:52,070
There he was.
220
00:13:52,650 --> 00:13:54,610
This man right here? Yes.
221
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He was dressed ratty, like a bum, and he
didn't smell too good either.
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00:14:00,390 --> 00:14:01,530
Did he say anything?
223
00:14:01,850 --> 00:14:06,090
No, but as soon as he saw I was looking
at him, he ran for the stairs.
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00:14:06,530 --> 00:14:11,170
You're absolutely sure this is the man
you saw leave Miss McLaughlin's
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00:14:11,170 --> 00:14:14,130
apartment? Positive. Right after you
heard screaming?
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00:14:14,490 --> 00:14:15,490
That's right.
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00:14:17,430 --> 00:14:19,730
Did you know the victim, Mrs. Lutkin?
228
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Not personally, but I'd seen her.
229
00:14:22,660 --> 00:14:23,700
Ever talked to her?
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Not really.
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00:14:25,200 --> 00:14:26,740
So you don't know her voice?
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00:14:27,960 --> 00:14:30,040
No. Wouldn't recognize her scream?
233
00:14:30,340 --> 00:14:34,680
Oh, no, but I'm assuming it must have
been her. The scream came at the time
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was killed.
235
00:14:35,620 --> 00:14:36,620
You're assuming.
236
00:14:37,700 --> 00:14:39,580
Do you know many black people?
237
00:14:39,960 --> 00:14:41,360
Objection! Have any black friends?
238
00:14:41,580 --> 00:14:45,980
Mr. Young, what are you doing? Laying a
foundation, Your Honor. A foundation for
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00:14:45,980 --> 00:14:49,360
what? If I could be allowed to proceed,
I'll get there.
240
00:14:50,380 --> 00:14:51,560
Do you recall the question?
241
00:14:52,060 --> 00:14:53,100
About black people?
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00:14:54,000 --> 00:14:55,900
I don't really know any that well.
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But you know for sure it was my client,
even though you saw him for just a
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00:15:00,780 --> 00:15:02,060
moment from down the hall.
245
00:15:02,900 --> 00:15:06,020
Well, I don't know for sure. It could
have been somebody else who looked
246
00:15:06,020 --> 00:15:07,160
like him, I suppose.
247
00:15:10,340 --> 00:15:11,340
Thank you, ma 'am.
248
00:15:11,880 --> 00:15:12,880
Nothing further.
249
00:15:13,780 --> 00:15:15,320
The witness may step down.
250
00:15:16,840 --> 00:15:17,840
Ms. Gamble?
251
00:15:19,230 --> 00:15:20,470
The Commonwealth, we're out.
252
00:15:21,830 --> 00:15:22,830
Mr. Young.
253
00:15:24,310 --> 00:15:25,630
The defense calls Dr.
254
00:15:25,890 --> 00:15:29,830
Donald Seidman. Oh, you gotta be
kidding. Look, if I can't put on the
255
00:15:30,030 --> 00:15:33,570
why don't we just lynch him? Mr. Young
is trying to make this about race. Move
256
00:15:33,570 --> 00:15:34,309
to strike.
257
00:15:34,310 --> 00:15:35,590
Counsel, get up here.
258
00:15:41,290 --> 00:15:44,610
I will hold both of you in contempt if
there's another such outburst.
259
00:15:46,890 --> 00:15:47,829
Who is Dr.
260
00:15:47,830 --> 00:15:52,010
Seidman? He testifies white people can't
tell one black man from another.
261
00:15:52,790 --> 00:15:57,250
Sorry? He's an expert on cross -racial
impairment of eyewitnesses. This has
262
00:15:57,250 --> 00:16:01,370
rejected by other courts, plus Mr. Young
gave no notice. I didn't know race
263
00:16:01,370 --> 00:16:05,290
would be an issue. You are the one
making race an issue. If I can't call
264
00:16:05,290 --> 00:16:09,030
witness, I'll take you up, emergency
appeal, and I want a mistrial.
265
00:16:11,070 --> 00:16:14,210
You may call Dr. Seidman. You're letting
him run your court.
266
00:16:14,780 --> 00:16:16,700
I run my court, Ms. Gamble.
267
00:16:19,480 --> 00:16:23,460
If Dr. Simon is a buffoon, I will
instruct the jury to disregard.
268
00:16:27,860 --> 00:16:31,420
He's been kept from his family for three
weeks, and we don't know what he's been
269
00:16:31,420 --> 00:16:33,380
charged with. He hasn't been charged
with anything.
270
00:16:33,780 --> 00:16:37,740
Then how and why are you holding him?
He's being held as a material witness.
271
00:16:37,960 --> 00:16:38,579
To what?
272
00:16:38,580 --> 00:16:39,940
That information I can't reveal.
273
00:16:40,180 --> 00:16:43,840
How do I represent him if I can't be
told why he's being held?
274
00:16:44,190 --> 00:16:46,790
This case involves information obtained
through the Foreign Intelligence
275
00:16:46,790 --> 00:16:51,410
Surveillance Act. Mr. McNally, I
appreciate your concern for national
276
00:16:51,490 --> 00:16:55,730
but I'm going to do my part to safeguard
what is left of our Constitution.
277
00:16:56,290 --> 00:16:57,290
Get Mr.
278
00:16:57,470 --> 00:16:58,650
Habib into this courtroom.
279
00:16:58,930 --> 00:17:02,990
Let him see his lawyer and his wife, and
we are going to make sure that he gets
280
00:17:02,990 --> 00:17:04,430
at least some kind of hearing.
281
00:17:04,810 --> 00:17:07,349
Your Honor, I don't think you have the
authority to... Counsel!
282
00:17:08,970 --> 00:17:13,310
These are strange times, and nobody is
quite sure who has what authority.
283
00:17:13,760 --> 00:17:16,819
I grant you. But you don't want to be
testing mine.
284
00:17:17,359 --> 00:17:22,940
If I don't see Mr. Habibi in this room
with his lawyer and his wife, you are
285
00:17:22,940 --> 00:17:24,200
going to be held in contempt.
286
00:17:30,360 --> 00:17:35,640
Many eyewitnesses have a hard time
correctly identifying suspects who are
287
00:17:35,640 --> 00:17:36,640
another race.
288
00:17:36,960 --> 00:17:39,940
We call that cross -racial impairment.
289
00:17:40,760 --> 00:17:41,760
Is it common?
290
00:17:42,180 --> 00:17:43,770
Very. How do you know?
291
00:17:44,030 --> 00:17:49,590
From my work as a clinical psychologist,
from my review of over 50 years of
292
00:17:49,590 --> 00:17:51,350
empirical studies on the subject.
293
00:17:51,650 --> 00:17:54,730
Are certain people more likely to suffer
from this impairment?
294
00:17:55,650 --> 00:17:59,270
People unfamiliar with members of the
race in question.
295
00:17:59,710 --> 00:18:04,190
They don't see black people very often.
Suddenly they have to identify one.
296
00:18:04,890 --> 00:18:07,530
They're more likely to pick the wrong
one.
297
00:18:08,430 --> 00:18:09,430
Thank you, Doctor.
298
00:18:17,840 --> 00:18:19,340
Blacks all look alike.
299
00:18:19,720 --> 00:18:21,480
Is that your scientific opinion?
300
00:18:21,800 --> 00:18:23,160
Objection. Sustained.
301
00:18:23,760 --> 00:18:28,560
Doctor, did you talk to Mrs. Szilagint
about her identification of the
302
00:18:28,560 --> 00:18:29,560
defendant?
303
00:18:29,600 --> 00:18:34,640
No. Are you aware that there's no
agreement in the scientific community
304
00:18:34,640 --> 00:18:36,740
cross -racial impairment even exists?
305
00:18:37,420 --> 00:18:40,200
Cross -racial impairment is real.
306
00:18:40,600 --> 00:18:45,780
When studies confirm what life has
already taught us, to me, that's the
307
00:18:45,780 --> 00:18:46,860
proof you can get.
308
00:18:53,710 --> 00:18:54,950
He's trying to hang the jury.
309
00:18:55,410 --> 00:18:56,930
Should I call my own experts?
310
00:18:57,170 --> 00:19:00,750
I'm afraid the more I attack his
defense, the more credible I make it
311
00:19:01,090 --> 00:19:02,990
Well, if you do nothing, it looks like
you're conceding.
312
00:19:04,750 --> 00:19:07,010
He's made it about race because he's got
nothing else.
313
00:19:07,790 --> 00:19:10,730
What he does have are four black jurors.
Oh, please.
314
00:19:11,050 --> 00:19:12,050
And he's black.
315
00:19:14,310 --> 00:19:17,570
Race isn't the issue, but it probably
won't be.
316
00:19:19,930 --> 00:19:22,470
But we can't be so naive as to rule out
the possibility.
317
00:19:25,990 --> 00:19:26,990
Got a second?
318
00:19:38,470 --> 00:19:40,750
Look, you know it's an appointment,
so... Oh, come on.
319
00:19:41,330 --> 00:19:45,390
Spare me the just -doing -my -job crap.
Good lawyers manage without going
320
00:19:45,390 --> 00:19:48,290
racial. My client instructed me to put
on a defense.
321
00:19:48,930 --> 00:19:50,730
That defense? As a matter of fact, yes.
322
00:19:51,330 --> 00:19:54,310
If you're here to wiggle off the moral
hook... That's not why I'm here.
323
00:19:57,669 --> 00:19:58,669
He's going to testify.
324
00:20:01,210 --> 00:20:04,850
You'll be suborning perjury. Only if I
know he's lying, which I don't.
325
00:20:05,210 --> 00:20:06,590
He says he's innocent, Helen.
326
00:20:08,490 --> 00:20:12,110
I think we should plead this. Or, in the
alternative, you should tell the
327
00:20:12,110 --> 00:20:14,190
parents not to be there. It won't be
easy to hear.
328
00:20:15,270 --> 00:20:16,270
Is that a threat?
329
00:20:17,070 --> 00:20:19,530
It would be unethical for me to make a
threat.
330
00:20:20,890 --> 00:20:21,890
Wouldn't it, Helen?
331
00:20:22,950 --> 00:20:25,310
I won't be blackmailed into a plea deal.
332
00:20:28,780 --> 00:20:29,780
You done?
333
00:20:32,920 --> 00:20:33,920
Done.
334
00:20:44,540 --> 00:20:49,160
For your own emotional welfare, I'd say
stay out of the room, but... But what?
335
00:20:50,040 --> 00:20:53,700
Well, strictly for the case, obviously
it's better if you're in there.
336
00:20:54,000 --> 00:20:57,380
You look more like a monster saying the
things he'll probably say with the
337
00:20:57,380 --> 00:20:58,380
parents present.
338
00:20:58,490 --> 00:21:00,570
What, you're going to attack my
daughter? Is that how it works?
339
00:21:01,170 --> 00:21:02,590
Yes, it works that way sometimes.
340
00:21:06,410 --> 00:21:07,369
We'll be there.
341
00:21:07,370 --> 00:21:11,010
Are you sure? Yeah, we'll be there.
Okay, but you have to stay under
342
00:21:11,750 --> 00:21:12,750
Fine.
343
00:21:15,230 --> 00:21:16,230
Okay,
344
00:21:19,170 --> 00:21:20,170
he's coming in.
345
00:21:20,250 --> 00:21:24,270
Dr. Ford, I'm going to ask you not to
speak to him or hand him any items.
346
00:21:39,400 --> 00:21:40,660
Can they have some privacy?
347
00:21:41,460 --> 00:21:43,080
No, Dr. Ford is not a suspect.
348
00:21:43,580 --> 00:21:47,040
If she talks at all, and it appears like
she's trying to pass coded information,
349
00:21:47,460 --> 00:21:50,980
she might become one. She's here to
observe. Now, that's DOJ rules.
350
00:21:51,380 --> 00:21:53,100
You have two children to care for.
351
00:21:53,480 --> 00:21:54,860
Don't say anything.
352
00:21:55,200 --> 00:21:56,200
Understand?
353
00:21:58,400 --> 00:21:59,640
Why don't we all sit down?
354
00:22:03,360 --> 00:22:05,580
Mr. Habib, I'm Rebecca Washington.
355
00:22:06,540 --> 00:22:07,540
I'm your lawyer.
356
00:22:08,740 --> 00:22:10,140
We're about to have a hearing.
357
00:22:11,600 --> 00:22:14,620
I didn't ask for either a hearing or a
lawyer.
358
00:22:17,440 --> 00:22:19,020
Your wife hired me.
359
00:22:19,960 --> 00:22:21,060
She should not have.
360
00:22:24,440 --> 00:22:29,460
Is my... Is my wife... My sons, are they
all right? Have they been harmed?
361
00:22:30,100 --> 00:22:31,100
Bill, we're fine.
362
00:22:32,740 --> 00:22:34,180
Would you tell them we're fine, please?
363
00:22:36,840 --> 00:22:38,820
Do you have any idea why you're here?
364
00:22:40,820 --> 00:22:42,240
Miss... Washington.
365
00:22:43,980 --> 00:22:45,200
Help my wife understand.
366
00:22:45,980 --> 00:22:48,680
I did what I did because it was right.
367
00:22:50,060 --> 00:22:51,620
What the hell are you talking about?
368
00:22:53,360 --> 00:22:55,780
Tell the judge I'm ready to proceed.
369
00:23:00,380 --> 00:23:04,080
I'd see her in the park by campus, you
know, just jogging.
370
00:23:04,800 --> 00:23:05,800
I'd wave.
371
00:23:06,460 --> 00:23:09,220
One time she stopped and we just talked
a little.
372
00:23:09,680 --> 00:23:11,020
Tell us about your relationship.
373
00:23:11,820 --> 00:23:14,040
We'd meet late at night when nobody was
around.
374
00:23:14,720 --> 00:23:18,100
When it got colder, that's when she
started inviting me over to her place.
375
00:23:18,800 --> 00:23:20,300
And what would you do there?
376
00:23:21,240 --> 00:23:23,500
We'd talk, watch television.
377
00:23:24,360 --> 00:23:27,280
After a while, we started having sex.
378
00:23:28,480 --> 00:23:33,480
She said she always wanted to be with a
black man.
379
00:23:34,880 --> 00:23:36,290
So... You know?
380
00:23:36,570 --> 00:23:42,450
Turning your attention to November 19th,
the day Miss McLaughlin was killed, did
381
00:23:42,450 --> 00:23:43,450
you see her that day?
382
00:23:43,770 --> 00:23:44,770
Yes.
383
00:23:45,150 --> 00:23:50,530
Outside the market. I offered to carry
her bags like I had done before, but she
384
00:23:50,530 --> 00:23:51,650
said she couldn't see me anymore.
385
00:23:52,170 --> 00:23:53,170
Did she say why?
386
00:23:53,310 --> 00:23:56,230
No. So I followed her, just trying to
talk.
387
00:23:57,170 --> 00:23:59,950
When we got to her apartment, she said
she was seeing another guy.
388
00:24:00,550 --> 00:24:02,910
I begged her not to break us up.
389
00:24:03,510 --> 00:24:05,050
We argued for a little bit.
390
00:24:05,919 --> 00:24:07,800
And she said that she loved me.
391
00:24:08,520 --> 00:24:10,700
Did you make love to her that day, sir?
392
00:24:11,020 --> 00:24:12,020
Yes.
393
00:24:13,200 --> 00:24:16,520
Afterwards, she said she was going to
break up with that other guy that night,
394
00:24:16,580 --> 00:24:18,760
that he was supposed to be coming over
that night.
395
00:24:19,460 --> 00:24:20,860
When I left, she was alive.
396
00:24:23,260 --> 00:24:24,260
Thank you, sir.
397
00:24:32,170 --> 00:24:35,570
Do you know if anyone ever saw you two
at the park the day you met?
398
00:24:36,250 --> 00:24:37,189
I don't know.
399
00:24:37,190 --> 00:24:39,350
Do you know if anyone ever saw you at
the apartment?
400
00:24:39,770 --> 00:24:41,550
No, I always came over there late at
night.
401
00:24:41,910 --> 00:24:44,110
Anyone know anything about the
relationship?
402
00:24:44,650 --> 00:24:46,350
No, she liked to keep it secret.
403
00:24:46,570 --> 00:24:50,270
So nobody can verify a single part of
your story?
404
00:24:50,910 --> 00:24:54,750
I guess because of our different social
places or whatever you want to call it.
405
00:24:55,850 --> 00:24:58,070
You know, she just liked to keep it
between us.
406
00:24:59,710 --> 00:25:00,730
Mr. Johnson?
407
00:25:03,310 --> 00:25:04,750
This is your booking photo.
408
00:25:04,970 --> 00:25:09,710
This is what you looked like the day
after Linda McLaughlin was killed. Is
409
00:25:09,710 --> 00:25:11,470
correct? Objection. Relevance.
410
00:25:11,750 --> 00:25:15,650
Overruled. I was upset when that picture
was taken. You were homeless, filthy,
411
00:25:15,950 --> 00:25:20,650
off your meds, yet you expect us to...
I'm not crazy. You expect the jury to
412
00:25:20,650 --> 00:25:22,890
believe the victim fell in love with
this.
413
00:25:23,990 --> 00:25:26,130
Voluntarily had sex with this.
414
00:25:26,590 --> 00:25:30,450
willingly invited this into her
apartment, her life, her bed.
415
00:25:30,730 --> 00:25:31,990
Objection. Sustained.
416
00:25:32,370 --> 00:25:33,750
Linda was a beautiful person.
417
00:25:34,330 --> 00:25:36,830
She loved all kinds of people.
418
00:25:37,850 --> 00:25:39,750
She didn't care what they looked like.
419
00:25:45,510 --> 00:25:52,330
You need to call that Collins
420
00:25:52,330 --> 00:25:56,040
girl. I don't know. It could end up
backfiring on us with some of the
421
00:25:56,120 --> 00:25:57,620
You can't afford to be that sensitive,
Helen.
422
00:25:58,120 --> 00:26:00,020
We try and be PC here, we lose.
423
00:26:00,780 --> 00:26:03,080
Collins refutes what Johnson just
testified to.
424
00:26:03,580 --> 00:26:04,980
She's all we have to refute it.
425
00:26:05,180 --> 00:26:08,480
Part of our strategy is presenting
sympathetic parents. Well, it can't be
426
00:26:08,480 --> 00:26:09,259
that now.
427
00:26:09,260 --> 00:26:12,420
It's about showing there was never a
relationship between Johnson and the
428
00:26:12,420 --> 00:26:13,520
victim. Period.
429
00:26:14,060 --> 00:26:15,580
You know Eugene's ready for her.
430
00:26:16,120 --> 00:26:18,440
We have no choice. We need that witness.
431
00:26:19,200 --> 00:26:20,200
Call her.
432
00:26:23,920 --> 00:26:25,680
Do you know why you're in custody?
433
00:26:26,600 --> 00:26:30,540
The government believes I may have
information about someone I think. I
434
00:26:30,540 --> 00:26:31,540
really know.
435
00:26:31,660 --> 00:26:36,700
He didn't do anything, but he may have
known some people with ties to others
436
00:26:36,700 --> 00:26:38,000
are wanted for questioning.
437
00:26:38,420 --> 00:26:41,180
What information? What do they think you
know? Objection.
438
00:26:41,660 --> 00:26:43,680
Sustained. You can't know that, Ms.
Washington.
439
00:26:44,960 --> 00:26:48,660
You haven't talked to your family in
weeks. Why did they keep you from
440
00:26:48,660 --> 00:26:49,660
to your family?
441
00:26:49,900 --> 00:26:52,160
They didn't. I chose not to call my
family.
442
00:26:54,379 --> 00:26:58,900
Why? I was told anyone I spoke with
would be subject to investigation. I do
443
00:26:58,900 --> 00:27:00,300
want to bring my family into this.
444
00:27:00,560 --> 00:27:05,680
My wife and children were born here.
They have no connection to any Arab
445
00:27:05,680 --> 00:27:06,780
than me.
446
00:27:07,860 --> 00:27:09,020
Have you been interviewed?
447
00:27:09,900 --> 00:27:10,900
Many times.
448
00:27:11,420 --> 00:27:14,500
Did you know you had the right to have
an attorney present?
449
00:27:15,760 --> 00:27:17,020
I waived my rights.
450
00:27:20,220 --> 00:27:21,460
You waived them?
451
00:27:23,430 --> 00:27:26,970
Voluntarily? I talked to them on my own.
They didn't force me, not in any way.
452
00:27:27,590 --> 00:27:28,830
Did they make you afraid?
453
00:27:29,690 --> 00:27:30,690
Am I fearful?
454
00:27:30,750 --> 00:27:34,170
I guess I would say yes, but I have made
all my decisions voluntarily.
455
00:27:35,170 --> 00:27:41,390
You voluntarily refused to speak to your
family? I explained that. I didn't want
456
00:27:41,390 --> 00:27:42,390
to involve them.
457
00:27:42,790 --> 00:27:44,810
Calling your wife to say you're okay?
458
00:27:45,670 --> 00:27:47,290
That would involve her?
459
00:27:48,350 --> 00:27:49,890
I couldn't be sure it wouldn't.
460
00:27:50,780 --> 00:27:55,620
Mr. McNally, if Mr. Habib is not a
suspect and he's cooperating, why can't
461
00:27:55,620 --> 00:27:58,420
home? We're learning new information all
the time.
462
00:27:58,780 --> 00:28:02,760
From wiretaps, overseas contacts. He may
know more than even he realizes.
463
00:28:03,100 --> 00:28:05,680
But he'll stay available to you. He's
not going anywhere.
464
00:28:06,160 --> 00:28:10,180
He volunteered to help. We can't risk
losing him. Look.
465
00:28:10,920 --> 00:28:13,680
We are trying to get the information we
need to stop the potential murder of
466
00:28:13,680 --> 00:28:17,400
thousands of Americans. That means
depriving some Americans of their civil
467
00:28:17,400 --> 00:28:21,600
rights. I don't like it, but that's how
it is. You are imprisoning an innocent
468
00:28:21,600 --> 00:28:23,660
man. Ms. Washington, enough.
469
00:28:24,780 --> 00:28:28,520
If my country thinks I should be here, I
will stay here.
470
00:28:29,980 --> 00:28:32,580
Your country? Yes. I am an American.
471
00:28:32,960 --> 00:28:34,400
I am serving my country.
472
00:28:36,740 --> 00:28:39,920
Mr. Habib, have you been tortured?
473
00:28:40,490 --> 00:28:43,910
No. Have you been mistreated physically
in any way?
474
00:28:44,130 --> 00:28:46,770
No. And you do not oppose being held
further?
475
00:28:46,990 --> 00:28:49,790
I do not. Your Honor, please wait. Ms.
Washington, I'm sorry.
476
00:28:50,010 --> 00:28:52,130
In war, law is silent.
477
00:28:53,330 --> 00:28:56,510
Habeas motion is denied. Mr. Habib shall
remain in custody.
478
00:29:03,490 --> 00:29:07,030
There is no way Linda McLaughlin was
dating that man.
479
00:29:07,270 --> 00:29:09,250
You know that. We were real close.
480
00:29:09,920 --> 00:29:11,740
If she was dating someone, I'd know.
481
00:29:12,280 --> 00:29:14,680
Well, to your knowledge, was she dating
anyone?
482
00:29:15,040 --> 00:29:19,060
Objection. Speculation. Goes to
rebuttal. We can refute the existence of
483
00:29:19,060 --> 00:29:20,060
relationship.
484
00:29:20,300 --> 00:29:21,300
Proceed.
485
00:29:21,880 --> 00:29:23,460
She wasn't dating him.
486
00:29:24,420 --> 00:29:25,419
I'm sure.
487
00:29:25,420 --> 00:29:26,420
How do you know?
488
00:29:27,080 --> 00:29:28,540
We talked about it.
489
00:29:28,780 --> 00:29:31,560
About interracial relationships on
occasion.
490
00:29:32,440 --> 00:29:38,140
She said... She said she wouldn't date
African Americans.
491
00:29:39,980 --> 00:29:42,080
Ever. Those were her exact words?
492
00:29:42,480 --> 00:29:46,720
Yes. Among other things, she said her
parents would have a big problem with
493
00:29:46,760 --> 00:29:48,180
particularly her dad.
494
00:29:49,400 --> 00:29:50,580
Thank you, McCollins.
495
00:29:55,020 --> 00:29:57,000
You didn't live with her, did you?
496
00:29:57,580 --> 00:30:01,440
No. So it's possible she was seeing him
without you knowing?
497
00:30:02,140 --> 00:30:04,100
No, that's not possible.
498
00:30:05,580 --> 00:30:06,680
How can you know that?
499
00:30:07,260 --> 00:30:08,580
Because of what she said.
500
00:30:09,390 --> 00:30:12,830
That her parents would have a problem
with her dating a black man.
501
00:30:13,150 --> 00:30:17,550
Yeah. Especially her father. Yeah. Her
father's a racist, isn't he? Objection.
502
00:30:17,590 --> 00:30:18,589
Goes to bias.
503
00:30:18,590 --> 00:30:19,249
What bias?
504
00:30:19,250 --> 00:30:22,650
The victim concealed her relationship
with my client because she feared her
505
00:30:22,650 --> 00:30:24,230
father, who hates black people.
506
00:30:24,430 --> 00:30:29,470
Objection. I'm warning you both for the
last time. Mr. Young, move on.
507
00:30:30,190 --> 00:30:35,850
Ms. Collins, when you and Linda
McLaughlin spoke of interracial
508
00:30:37,390 --> 00:30:38,890
What was your position on the matter?
509
00:30:40,750 --> 00:30:42,090
I was against them, too.
510
00:30:42,570 --> 00:30:47,330
So, Linda, knowing this, maybe she
didn't want you to find out about her
511
00:30:47,330 --> 00:30:48,189
Daryl either.
512
00:30:48,190 --> 00:30:49,430
Objection. Speculation.
513
00:30:50,050 --> 00:30:53,570
Overruled. Maybe because she knew you
were a bigot, Miss Collins. Linda just
514
00:30:53,570 --> 00:30:55,210
said she didn't want to date a black
man.
515
00:30:55,650 --> 00:30:59,970
Objection. That is more than enough, Mr.
Young. The witness may step down.
516
00:31:06,640 --> 00:31:08,180
I assume the parties rest.
517
00:31:08,840 --> 00:31:10,180
We have a rebuttal, witness.
518
00:31:10,460 --> 00:31:11,460
And who is that?
519
00:31:11,840 --> 00:31:13,700
Joe McLaughlin, the victim's father.
520
00:31:14,200 --> 00:31:16,980
Objection. I have legitimate reasons to
call him. Name one.
521
00:31:17,320 --> 00:31:20,560
The DA's old witness just said the
daughter had a motive to hide her
522
00:31:20,560 --> 00:31:24,440
relationship from her father. I'm
allowed to pursue that. I would ask the
523
00:31:24,440 --> 00:31:27,620
for time to consult with Mr. McLaughlin.
You can't have that right. He's my
524
00:31:27,620 --> 00:31:28,620
witness. Enough.
525
00:31:30,500 --> 00:31:35,420
Mr. McLaughlin, after lunch, you will
take the stand.
526
00:31:49,390 --> 00:31:52,490
You swear to tell the truth, the whole
truth, and nothing but the truth, so
527
00:31:52,490 --> 00:31:53,269
you God?
528
00:31:53,270 --> 00:31:54,270
I do.
529
00:31:54,290 --> 00:31:55,290
Be seated.
530
00:31:59,610 --> 00:32:03,950
Mr. McLaughlin, did you pressure your
daughter not to date black men?
531
00:32:07,930 --> 00:32:09,370
I ask you a question, sir.
532
00:32:10,540 --> 00:32:14,020
My daughter was killed by that man
sitting right there. Move to strike non
533
00:32:14,020 --> 00:32:16,820
-responsive. Instruct the witness to
answer the question.
534
00:32:17,140 --> 00:32:18,880
Sustained. The jury will disregard.
535
00:32:19,780 --> 00:32:22,360
Please answer the question, Mr.
McLaughlin.
536
00:32:23,680 --> 00:32:27,000
I never pressured my daughter not to
date black men.
537
00:32:27,220 --> 00:32:29,240
Well, was she mistaken or did she lie?
538
00:32:29,880 --> 00:32:32,640
When she told Betsy Collins that you
would have trouble with her having an
539
00:32:32,640 --> 00:32:35,780
interracial relationship like the one
she had with my client.
540
00:32:36,220 --> 00:32:39,740
Objection. There was no relationship
with your client. Was she afraid to tell
541
00:32:39,740 --> 00:32:40,699
you about it?
542
00:32:40,700 --> 00:32:44,560
Objection. I'm not a racist, Mr. Young.
But you were against interracial
543
00:32:44,560 --> 00:32:45,560
relationships.
544
00:32:46,460 --> 00:32:49,180
Like any father, I wanted my daughter to
have a good life.
545
00:32:49,860 --> 00:32:53,040
I was really worried about interracial
relationships because they were subject
546
00:32:53,040 --> 00:32:53,979
to bigotry.
547
00:32:53,980 --> 00:32:55,400
Hatred. For the couple.
548
00:32:55,640 --> 00:32:57,440
I mean, for the kids.
549
00:32:57,840 --> 00:32:58,840
I see.
550
00:32:59,100 --> 00:33:01,800
So to protect her from bigots, you
decided to become one.
551
00:33:02,280 --> 00:33:06,120
Objection. Withdrawn. She knew you'd
disapprove if she did date a black man,
552
00:33:06,160 --> 00:33:09,820
didn't she, Mr. McLaughlin? She never
dated that man.
553
00:33:10,040 --> 00:33:12,900
Because if she did, she would have told
you all about it, right?
554
00:33:13,540 --> 00:33:15,260
Knowing how open -minded you can be.
555
00:33:16,440 --> 00:33:19,600
If he's black, it had to be rape.
556
00:33:20,860 --> 00:33:22,060
Right, Mr. McLaughlin?
557
00:33:22,800 --> 00:33:24,060
Objection. Sustained.
558
00:33:32,880 --> 00:33:35,380
He agreed to be held. For what?
559
00:33:36,040 --> 00:33:37,500
He didn't do anything.
560
00:33:39,920 --> 00:33:42,020
Are they torturing witnesses now,
Rebecca?
561
00:33:42,260 --> 00:33:43,980
I cannot believe that.
562
00:33:44,220 --> 00:33:47,880
I mean, I've read it in the papers.
Maybe the CIA is doing that now. You ask
563
00:33:47,880 --> 00:33:48,880
question yourself.
564
00:33:49,060 --> 00:33:52,980
Doctor, you know your husband, his
personality, his demeanor. Did he seem
565
00:33:52,980 --> 00:33:53,980
maybe he'd been tortured?
566
00:33:55,960 --> 00:33:59,780
He seemed... He seemed what?
567
00:34:01,520 --> 00:34:02,520
Intent.
568
00:34:02,990 --> 00:34:04,970
on proving his loyalty to America.
569
00:34:08,010 --> 00:34:09,469
Desperate to prove it.
570
00:34:16,989 --> 00:34:19,070
Closing arguments are not evidence.
571
00:34:20,290 --> 00:34:23,310
Nothing the lawyers say is evidence.
572
00:34:24,050 --> 00:34:28,530
Your verdict must be based solely on
evidence.
573
00:34:29,290 --> 00:34:31,010
They had an affair.
574
00:34:32,139 --> 00:34:34,699
The prosecution refuses to believe it.
Why?
575
00:34:35,500 --> 00:34:39,900
The man in the parking lot sees a black
man with a white woman and assumes he's
576
00:34:39,900 --> 00:34:40,900
hassling her.
577
00:34:41,040 --> 00:34:44,360
The woman in the hallway can't tell one
black man from another, so the
578
00:34:44,360 --> 00:34:48,679
prosecution would have you believe that
the only relationship that could be
579
00:34:48,679 --> 00:34:52,199
between a black man and white woman is
killer and victim.
580
00:34:53,139 --> 00:34:56,620
The defendant was seen arguing with her
in the parking lot.
581
00:34:57,100 --> 00:35:01,100
A witness watched him follow her home,
angry.
582
00:35:02,000 --> 00:35:04,680
He was seen coming out of Linda's
apartment.
583
00:35:05,100 --> 00:35:10,120
His prints were on the murder weapon.
His semen was found in the victim.
584
00:35:10,620 --> 00:35:16,640
Neither the race of the defendant nor
the victim should have any bearing on
585
00:35:16,640 --> 00:35:17,640
verdict.
586
00:35:17,880 --> 00:35:23,800
It is irrelevant and must not be
considered by you in any way. Linda
587
00:35:23,800 --> 00:35:26,980
had a motive to deny her relationship
with my client.
588
00:35:28,980 --> 00:35:30,280
She feared her father.
589
00:35:31,500 --> 00:35:37,440
Her father doesn't like black people.
There's no evidence to suggest someone
590
00:35:37,440 --> 00:35:38,440
else killed her.
591
00:35:38,580 --> 00:35:41,520
No one else's prints were found anywhere
in the apartment.
592
00:35:41,980 --> 00:35:45,960
The evidence points only to the
defendant.
593
00:35:46,600 --> 00:35:51,060
Of course, his prints were on the land.
He would visit her. He slept with her.
594
00:35:51,140 --> 00:35:53,100
They only looked for one defendant.
595
00:35:53,580 --> 00:35:59,740
Daryl Johnson is on trial, ladies and
gentlemen, simply because he's black.
596
00:36:00,520 --> 00:36:07,440
All we ask is... Honor your
597
00:36:07,440 --> 00:36:08,440
oath.
598
00:36:20,680 --> 00:36:24,980
What's happening?
599
00:36:25,560 --> 00:36:30,340
Nothing. He's in custody. He's
instructed me not to challenge it, and
600
00:36:30,340 --> 00:36:31,340
staying in custody.
601
00:36:31,580 --> 00:36:33,160
For how long? I don't know.
602
00:36:33,500 --> 00:36:34,760
The case is over.
603
00:36:35,820 --> 00:36:38,320
I'm working on the Neely interrogatories
now, anyway.
604
00:36:39,600 --> 00:36:41,360
Okay. You all right?
605
00:36:44,000 --> 00:36:45,000
We're back.
606
00:36:46,460 --> 00:36:48,380
We're back to... Interning people.
607
00:36:49,380 --> 00:36:51,640
Sticking them in prison because of where
they were born.
608
00:36:52,000 --> 00:36:55,300
It happened in World War II with the
Japanese -Americans, and it's back.
609
00:36:56,040 --> 00:36:58,900
I mean, the government will apologize
for it later, but then it'll be too
610
00:36:59,220 --> 00:37:01,600
Innocent people are having their lives
ruined now.
611
00:37:04,720 --> 00:37:10,800
Mr. Habib, he thinks being a good
American is giving up your rights, not
612
00:37:10,800 --> 00:37:11,800
fighting for them.
613
00:37:14,900 --> 00:37:19,260
Most people know that Arab Americans are
Americans, Rebecca, and that there are
614
00:37:19,260 --> 00:37:20,260
neighbors.
615
00:37:20,360 --> 00:37:22,860
But everyone's afraid.
616
00:37:25,580 --> 00:37:26,580
Yeah.
617
00:37:58,380 --> 00:38:02,800
Let the record reflect that the parties
are present and that the jury has
618
00:38:02,800 --> 00:38:05,240
returned. The defendant will please
rise.
619
00:38:07,760 --> 00:38:12,540
Mr. Foreman, after the charge of murder
in the first degree, I'll say you.
620
00:38:13,600 --> 00:38:16,360
Your Honor, the jury has a statement.
621
00:38:17,120 --> 00:38:20,900
You have a what? We were told it was our
civic duty to serve on a jury.
622
00:38:21,390 --> 00:38:25,350
Because the Constitution guarantees
every defendant the absolute right to be
623
00:38:25,350 --> 00:38:29,130
judged by a jury of his peers. This is
not a forum for public... We were told
624
00:38:29,130 --> 00:38:32,530
that the American system, for all its
flaws, is the best system in the world
625
00:38:32,530 --> 00:38:35,170
because of the concept of the citizen
jury.
626
00:38:35,430 --> 00:38:38,610
Move for immediate reading of the
verdict. But what we found... Sir!
627
00:38:40,630 --> 00:38:44,330
You have one more chance before you risk
a finding of contempt.
628
00:38:46,850 --> 00:38:48,990
Have you all agreed on a verdict?
629
00:38:50,600 --> 00:38:57,420
What we've agreed on is that this has
been about the most appalling spectacle
630
00:38:57,420 --> 00:38:58,740
we have ever seen.
631
00:39:00,340 --> 00:39:04,800
The only thing that should matter in
here is, did the defendant or did he not
632
00:39:04,800 --> 00:39:05,800
commit the crime?
633
00:39:06,400 --> 00:39:08,600
Nobody here cares. Not her, not him.
634
00:39:11,640 --> 00:39:12,640
And not you.
635
00:39:14,100 --> 00:39:17,380
Nothing that's gone on here has been
about giving the jurors the information
636
00:39:17,380 --> 00:39:18,380
they need.
637
00:39:18,860 --> 00:39:20,060
To make the right decision.
638
00:39:21,100 --> 00:39:27,080
A girl is dead. A man's freedom is at
risk. If he killed her, his liberty
639
00:39:27,080 --> 00:39:28,080
be forfeited.
640
00:39:28,320 --> 00:39:29,820
And we're supposed to decide.
641
00:39:31,760 --> 00:39:33,700
Based on what, exactly?
642
00:39:36,460 --> 00:39:38,460
We want justice for the victim.
643
00:39:40,540 --> 00:39:41,960
But we can't provide it.
644
00:39:43,420 --> 00:39:47,560
Are you saying you cannot reach a
unanimous verdict?
645
00:39:48,340 --> 00:39:49,340
No, Your Honor.
646
00:39:50,560 --> 00:39:52,640
What we're saying is we refuse to try.
647
00:39:54,360 --> 00:39:58,300
We have not reached a verdict. We will
not reach a verdict.
648
00:39:59,500 --> 00:40:04,240
If you want to hold this in contempt,
there's a certain justice in that
649
00:40:04,240 --> 00:40:05,700
contempt is what we feel.
650
00:40:16,940 --> 00:40:17,940
You are in contempt.
651
00:40:18,740 --> 00:40:21,780
Security, would you please take the jury
into custody?
652
00:40:23,440 --> 00:40:25,160
I declare there's a mistrial.
653
00:40:26,120 --> 00:40:29,700
Ms. Gamble, you may ask for a date to
begin the retrial.
654
00:40:31,440 --> 00:40:32,480
We're adjourned.
655
00:41:22,320 --> 00:41:24,000
The judge allowed me to withdraw.
656
00:41:24,620 --> 00:41:30,120
So for the next trial, you have my best
wishes.
657
00:41:32,140 --> 00:41:33,140
Thank you.
658
00:41:35,920 --> 00:41:38,280
Well, they certainly reached a verdict
on us anyway.
659
00:41:40,180 --> 00:41:41,180
Yep.
660
00:41:43,380 --> 00:41:46,460
Got a little ugly, but I don't think we
were that out of line.
661
00:41:47,420 --> 00:41:49,120
It's a trial. What do they expect?
662
00:41:50,900 --> 00:41:51,900
I don't know.
663
00:41:53,000 --> 00:41:54,000
You know jurors.
664
00:41:57,740 --> 00:42:00,080
We can't beat ourselves up over this,
Eugene.
665
00:42:04,420 --> 00:42:05,420
Nope.
666
00:42:06,260 --> 00:42:07,260
Heads high.
667
00:42:09,320 --> 00:42:10,320
Heads high.
54708
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