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Previously on The Practice.
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Why are you so angry?
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For pretending day after day after day
that my husband's in love with me when I
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know he's not.
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For God's sake.
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Of course I love you. I know you love
me, but... I miss being adored.
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Look, the idea of splitting up is
unmentionable.
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But Bobby, other than our son...
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It is so dead in this home.
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It has been for a while.
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I know this isn't what you want to hear.
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No, it isn't.
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I'm not saying we can't win on the
elements, but the blood on your shoe and
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fact that you were seen coming and
going, not to mention the threat.
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With insanity, even in victory, she's
going to be locked up.
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No, she only goes away until she gets
better, which, from what the doctors are
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telling us, could be soon.
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This is a circumstantial case.
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What she did and what they can prove are
two very different things.
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You said so yourself.
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Look, we'll do what you want us to do.
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But we're telling you, Nancy, your best
chance at seeing freedom again, your
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best chance by far, is insanity.
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And Kevin, I may be stepping over the
line here, but the reason I think you're
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resisting the idea of your wife being
insane is because you feel responsible
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it.
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My sons didn't get along.
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They were pretty much estranged ever
since the accident.
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Which accident was that, Mrs. Healy?
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Derek's son, Justin, was 16.
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He had his learner's permit.
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He was driving.
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Kevin was with him. To clarify, Kevin is
the defendant's husband.
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Yes, and Derek's younger brother.
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Anyway, Justin was driving. Kevin was in
the car when the accident occurred.
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Justin was killed.
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Kevin was paralyzed.
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Derek blamed Kevin, claiming his lack of
supervision.
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They became estranged and remained so.
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To your knowledge, what was Derek's
relationship with the defendant?
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That had also deteriorated.
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Nancy became Kevin's primary caregiver,
and as you can imagine, it's been
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extremely burdensome. There were
insurance problems, money issues.
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And Nancy couldn't understand why
Kevin's own brother wouldn't help out.
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You say money issues.
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Actually, the financial situation was
desperate, wasn't it? The problem with
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insurance, there's a lifetime cap.
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In this case, $750 ,000.
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They exhausted that in three years.
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Basically, Derek was well off but
wouldn't help with his brother's care.
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Yes. And this, in fact, enraged the
defendant, didn't it?
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Objection. Leading.
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Withdrawn, did you have an opportunity
to witness an argument between Nancy
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Healy and the victim the day before his
death?
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Yes. What did you observe, ma 'am? Well,
I was visiting Derek and she came over.
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They got into it again.
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Did you hear the defendant make any
threats?
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Yes. It escalated to a point where Derek
said something like, gee, if he's
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so bad off.
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Maybe he should be put out of his
misery.
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And Nancy responded,
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no, Derek, somebody should put you out
of your misery.
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And then she said, maybe that's the
solution.
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When Nancy said this, did you believe
she was forming the intent to kill
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Obviously not.
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And when you talked to the police, you
described Nancy's psychological state of
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mind, didn't you?
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Yes. Could you please tell the jury what
you told the police?
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For several months preceding the
killing, she seemed to be increasingly
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The insurance thing.
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She felt very deceived.
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It made her incensed.
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And erratic?
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Yes.
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In my opinion, she was having some kind
of nervous breakdown.
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What do you mean you can't get hired? I
can't.
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Andrea, you made law review. You
clerked. What?
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You have a criminal record or something?
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Close.
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When I was 14, I was raped.
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It comes up in my interviews and my
prospects hit the floor with a thud.
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It comes up in your interviews?
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How many have you had?
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Including callbacks? Over 30. And it
always comes up?
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Pretty much.
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I took some time off for treatment, so
the little gap in my resume, I explain
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it.
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Do you think it's wise to bring it up?
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I mean, law firms aren't exactly looking
to hire rape victims.
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This is what I'm assuming.
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Who would you sue? The law firms.
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She already has sued, and... All 30 of
them? Yes. She's claiming industry bias.
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Against rape victims.
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Here's the complaint and supporting
memoranda. It's pretty good.
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Thing is, they brought a motion to
dismiss yesterday, and now there's an
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evidentiary hearing. Slow down.
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Andrea has to testify, so she basically
needs co -counsel. That's why she asked
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for our help.
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Well, have any of these firms said that
her status as a rape victim was why they
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didn't hire her? Of course not.
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But zero for 30? Come on. Jamie. It's a
solid test case, Eugene.
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What? Rate victims as a class?
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I know, it's tough.
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Which means... It would be a lot of help
if there were a senior litigator there
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with me.
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They might be more inclined to settle.
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Please?
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It's you.
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Me. The problems as you describe them,
it all goes by your own admission to
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your, uh...
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inability to share your life, your
unwillingness to.
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I didn't exactly say that, Doctor.
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Yes, you did.
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Look, here's the deal.
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You like being alone.
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She doesn't.
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So, what do we do about it?
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Well, we go to work on it. That is, if
you want to.
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Of course I do.
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Well, I'm not so sure about that.
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You're here because your marriage feels
like it's failing.
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You're here because, for the sake of
your son, you want to repair the
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But that's different from actually
desiring a partnership.
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From where I sit, I think you crave
isolation.
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She called me just past 3 o 'clock,
asking if I could come over. The
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called you?
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Which wasn't unusual.
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I filled in a lot caring for Kevin.
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It gave her a chance to get out of the
house.
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And lately it seemed like she needed it.
So even though your husband was
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estranged from his brother, you weren't?
No.
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In fact, it was an issue between Derek
and me.
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I thought he should contribute.
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The reality is our son caused the
accident which paralyzed Kevin.
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Okay.
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Going back to the day Derek was killed,
you got a phone call from Nancy?
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Yes.
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She asked if I could watch Kevin while
she did a few errands.
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I agreed.
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I went over there around four.
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Nancy returned a little after six. I
then went home, where I found Derek.
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Dead? Yeah.
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He was bleeding from the head.
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And you called the police?
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Yeah. And what did you say?
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That I thought Nancy killed him.
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When Nancy returned home, how did she
appear?
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Very disoriented.
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And you mentioned that lately you had
actually been increasing your role as
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nurse for Kevin.
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Yes. I was doing night shift twice a
week. The last month I was there a lot.
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Why? Well, Nancy was becoming less
competent. She'd forget things.
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One time, Kevin was in bed for almost a
whole day while she slept on the floor.
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She'd taken some pills or something.
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Did you talk to her about this? Yes.
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I tried to get her to get help of her
own, counseling, but she'd just go off
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how she couldn't afford it.
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Going back to the day your husband died,
when you got the call from Nancy
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asking you to come over, how did she
sound to you?
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Not good.
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She sounded like she was going to snap.
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Your husband received money as part of a
family trust.
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Isn't that right?
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Yes. And upon his death, that money
would then go to Kevin.
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Also correct?
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Yes. Would Nancy Healy have known this?
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Yes, she would.
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I don't even think I called her.
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I don't even think I called her.
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Honey, they have the phone records.
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Maybe she wants me convicted. Anybody
think about that?
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Lori is your friend. She's not going to
lie.
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Why didn't you cross her better?
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You were mush.
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Look, we need to stay united and focus
on our defense.
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Tomorrow's going to be a long day.
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She thinks I'm insane.
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Radar.
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It's our legal defense.
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If I go away, who takes care of you?
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Who takes care of you?
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Overall, of the 30 initial interviews, I
talked about being raped all but seven
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times.
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I got seven callbacks.
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I'll let you guess which ones.
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Why bring it up at all?
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Certainly, rape does not make for a fun
conversation.
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No, it doesn't.
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The truth is, I never talked about it.
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Not even to my closest friends.
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I always thought that I could outrun the
memory and that one morning I would
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finally wake up unraped.
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But during my clerkship, I began to
suffer from some...
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emotional problems, anxiety.
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I got therapy and discovered much of it
was brought on by my own feelings of
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shame and guilt.
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So your therapist encouraged you to talk
about it?
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Yes.
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Unfortunately, people don't want to hear
it.
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During all these interviews, did anyone
make any inappropriate remarks
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concerning your being raped?
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No. Do you have any evidence,
testimonial, paper?
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Where you can show but for your being
raped you would have been hired at a
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particular firm?
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At a particular firm?
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No. I have no hard evidence.
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Thank you, Andrea.
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That's all.
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You may step down.
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Your Honor, clearly there's no prima
facie case here.
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And even if you could show a smoking
gun, Massachusetts is an at -will
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employment state, which means legally
they can hire whoever they want without
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any... I'd like to call Jason McNeil.
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Mr. Stringer.
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He's sitting right there. He's one of
the defendants. I'd like to ask him a
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questions.
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We'll take a 20 -minute break and resume
with Mr. McNeil.
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Excuse us.
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Why did you do that? I didn't think
Andrea held up too well on cross, so I
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figure, what's to lose? Maybe the guy
will say something to help us.
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00:13:37,400 --> 00:13:40,940
Jamie, if you don't know what a witness
will say, you don't call them. That's
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cross -examination 101.
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The case is a long shot, Eugene, so...
Exactly.
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So the last thing we need is for the
defense to get to button the motion with
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their side. The judge was about to rule.
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This witness isn't going to admit to
anything.
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Odds are he'll have you for lunch, and
then the judge will rule, all right?
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Jamie, think.
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If that fails...
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At least check with me.
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So she had come home at about five, and
she looked, well, like Laurie said, in a
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daze.
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This was when she got back from your
brother's? Yes, and she lay down for
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an hour, and then when she woke up, she
said that she had no memory of even
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going to my brother's house.
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Did you believe her?
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I did, because this sort of thing had
happened before.
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She'd had blackouts for extended periods
of time.
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It was brought on by a syndrome called
caregiver's burnout.
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Caregiver's burnout?
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It's basically a state of emotional and
mental exhaustion.
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Mrs. Healy demonstrated many of the
symptoms.
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Inability to sleep, thoughts of suicide,
feelings of hopelessness.
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The syndrome can be especially
pronounced when the caregiver is also
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She had to wash me?
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dress me, feed me,
247
00:14:59,320 --> 00:15:05,400
assist me in going to the bathroom, and
then clean me up after I'd been to the
248
00:15:05,400 --> 00:15:06,400
bathroom.
249
00:15:07,640 --> 00:15:09,760
It was full -time, around the clock.
250
00:15:11,380 --> 00:15:12,720
It became her life.
251
00:15:13,940 --> 00:15:18,960
And the problem is, they start to see
themselves exclusively as caregivers.
252
00:15:19,620 --> 00:15:24,580
Now, when this happens with patients
whose condition isn't improving... She
253
00:15:24,580 --> 00:15:26,460
plunging into depression and
hopelessness.
254
00:15:27,980 --> 00:15:33,520
And someday she would just amble around
the house, feeling completely
255
00:15:33,520 --> 00:15:37,580
disoriented. Add to that the rage
against the brother for not helping.
256
00:15:37,860 --> 00:15:40,520
My opinion is it triggered a psychotic
break.
257
00:15:40,980 --> 00:15:47,240
But wouldn't she at least remember it?
No, because she suffered from a form of
258
00:15:47,240 --> 00:15:52,400
traumatic amnesia. What she did was so
shocking, she basically blocked it out.
259
00:15:52,840 --> 00:15:55,460
How can you prove she's not faking
amnesia?
260
00:15:55,870 --> 00:16:01,110
We obviously can't prove it, but in my
professional opinion, she has no memory
261
00:16:01,110 --> 00:16:02,110
of committing this act.
262
00:16:02,350 --> 00:16:06,590
Yes, well, in my professional
experience, the killer usually denies
263
00:16:06,610 --> 00:16:09,590
and then once you catch them, it's, oh,
gee, amnesia.
264
00:16:10,090 --> 00:16:11,250
Objection. Withdrawn.
265
00:16:11,530 --> 00:16:14,450
When did this traumatic shock kick in,
Doctor?
266
00:16:14,810 --> 00:16:17,950
Probably as soon as she committed the
act and realized it.
267
00:16:18,170 --> 00:16:21,530
After she had taken the time to wipe the
fire poker clean of her prints?
268
00:16:22,650 --> 00:16:24,590
Possibly. I can't say for sure.
269
00:16:25,120 --> 00:16:29,640
And all these symptoms of burnout you
spoke of, thoughts of suicide,
270
00:16:30,080 --> 00:16:32,260
sleeplessness, hopelessness.
271
00:16:33,100 --> 00:16:35,740
Did you actually witness those symptoms,
doctor?
272
00:16:36,060 --> 00:16:38,340
They were corroborated by her husband.
273
00:16:38,580 --> 00:16:39,580
Yes, her husband.
274
00:16:39,940 --> 00:16:43,020
He had the same financial motive to kill
as his wife, didn't he?
275
00:16:43,520 --> 00:16:44,520
Objection!
276
00:16:48,220 --> 00:16:53,320
That went as well as we could have
hoped. You held up extremely well,
277
00:16:53,320 --> 00:16:54,320
what happens now?
278
00:16:54,790 --> 00:16:55,790
You.
279
00:16:55,970 --> 00:16:56,970
You happen.
280
00:16:57,110 --> 00:16:58,790
You just need to tell your story, Nancy.
281
00:16:59,970 --> 00:17:02,810
Expect for Walsh to come at you with
everything he's got.
282
00:17:03,430 --> 00:17:05,849
But do not dodge, do not hide.
283
00:17:06,430 --> 00:17:07,990
Simply tell the truth.
284
00:17:08,270 --> 00:17:12,290
Our main mission here is to let the jury
see you as a human being.
285
00:17:13,510 --> 00:17:14,510
Okay.
286
00:17:14,690 --> 00:17:15,869
We're doing very well.
287
00:17:16,829 --> 00:17:18,630
We just need to hang in there a little
bit longer.
288
00:17:23,339 --> 00:17:26,500
I remember her mentioning she'd been
raped, but it certainly didn't factor
289
00:17:26,500 --> 00:17:27,259
my decision.
290
00:17:27,260 --> 00:17:28,700
Why didn't you hire her?
291
00:17:28,920 --> 00:17:33,020
Counsel, we see so many applicants, all
with excellent transcripts from top
292
00:17:33,020 --> 00:17:34,020
-rate law schools.
293
00:17:34,480 --> 00:17:37,700
In the end, many of the final calls come
from the gut.
294
00:17:38,220 --> 00:17:40,800
And your gut said don't hire Andrea
Cote.
295
00:17:41,420 --> 00:17:44,000
I didn't form any negative conclusions
toward her.
296
00:17:44,680 --> 00:17:47,000
I guess I just had more positive
reactions to others.
297
00:17:47,300 --> 00:17:48,460
Because they hadn't been raped?
298
00:17:48,780 --> 00:17:49,780
Of course not.
299
00:17:50,149 --> 00:17:51,510
She made law review.
300
00:17:51,730 --> 00:17:54,950
She was a finalist in the New England
Moot Court Competition. She's very
301
00:17:54,950 --> 00:17:59,230
qualified, but if you look at our hires
over the last year, you'll see that
302
00:17:59,230 --> 00:18:00,690
they, too, are extremely talented.
303
00:18:01,450 --> 00:18:05,070
Mr. McNeil, I have no doubt that you are
an honorable man.
304
00:18:06,450 --> 00:18:11,410
Reminding you that you are under oath,
are you telling this court that Andrea
305
00:18:11,410 --> 00:18:15,550
Coates' status as a rape victim didn't
inform a little on your decision not to
306
00:18:15,550 --> 00:18:16,550
hire her?
307
00:18:17,120 --> 00:18:20,560
Miss Stringer, I indeed like to think of
myself as an honorable man.
308
00:18:21,400 --> 00:18:24,320
I'm a proud member of the bar and an
officer of this court.
309
00:18:24,860 --> 00:18:30,000
And I will tell you categorically, her
status as a rape victim played no part
310
00:18:30,000 --> 00:18:31,660
whatsoever in my determination.
311
00:18:41,740 --> 00:18:44,400
My head would get, um, I don't know.
312
00:18:45,340 --> 00:18:49,300
Loopy sometimes, like I was drugged or
something.
313
00:18:49,820 --> 00:18:51,960
The doctor said it was from stress.
314
00:18:52,820 --> 00:18:58,380
Sometimes I would get this incredible
fatigue and I would go to sleep.
315
00:18:59,180 --> 00:19:04,320
And I guess I would wake up, but I
wouldn't wake up really.
316
00:19:05,220 --> 00:19:11,660
I have no memory of even going to
Derek's house that day. And this kind of
317
00:19:11,660 --> 00:19:13,660
blackout, had it happened before?
318
00:19:14,240 --> 00:19:17,500
Two other times, like half a day would
be a blank.
319
00:19:17,820 --> 00:19:21,480
But your anger toward the victim, that
you remember?
320
00:19:21,820 --> 00:19:22,820
Definitely.
321
00:19:23,140 --> 00:19:26,160
I think he was a vile person.
322
00:19:27,020 --> 00:19:32,580
I'm not defending my killing him, but I
very much hated him. I won't pretend
323
00:19:32,580 --> 00:19:36,580
otherwise. Do you remember saying to him
that he should be put out of his
324
00:19:36,580 --> 00:19:38,720
misery? That was a figure of speech.
325
00:19:39,800 --> 00:19:41,020
I promise you.
326
00:19:41,640 --> 00:19:47,040
I never formed an intent to kill him or
to become violent.
327
00:19:47,380 --> 00:19:50,440
Whatever happened in that house
happened.
328
00:19:51,880 --> 00:19:55,000
But I had to be acting outside of
myself.
329
00:19:57,360 --> 00:20:02,040
If you don't remember, how can you be
sure you didn't form a plan that day to
330
00:20:02,040 --> 00:20:04,880
kill him? Because I'm not a murderer,
Mr. Walsh.
331
00:20:06,280 --> 00:20:07,420
Are you a liar?
332
00:20:07,760 --> 00:20:08,760
No.
333
00:20:09,040 --> 00:20:10,400
An honest person.
334
00:20:10,880 --> 00:20:12,640
Yeah, I am. I see.
335
00:20:13,620 --> 00:20:18,820
So the hatred you felt for your brother
-in -law was because he wouldn't
336
00:20:18,820 --> 00:20:20,800
contribute money to your husband's care.
337
00:20:21,000 --> 00:20:25,900
That was the main thing, but he was a
bad human being in many other ways.
338
00:20:26,220 --> 00:20:28,820
So you could never see yourself loving
him, I guess.
339
00:20:30,760 --> 00:20:33,460
Could you see yourself making love to
him?
340
00:20:36,740 --> 00:20:37,740
You see...
341
00:20:38,970 --> 00:20:42,670
Derek once confided something to his
mother. I had planned to ask her on the
342
00:20:42,670 --> 00:20:46,910
stand, but then I thought, how much more
exciting it would be to ask you.
343
00:20:48,850 --> 00:20:52,090
Did you ever have an affair with the
victim, Mrs. Healy?
344
00:20:56,690 --> 00:20:59,090
Blackout? No memory of it?
345
00:21:00,590 --> 00:21:05,910
Did you ever have sexual intercourse
with Derek Healy?
346
00:21:08,750 --> 00:21:09,750
It happened.
347
00:21:10,590 --> 00:21:15,170
You just told the jury you were an
honest person. Is that your idea of
348
00:21:15,170 --> 00:21:17,790
behavior? Sleeping with your husband's
brother?
349
00:21:18,290 --> 00:21:20,230
Objection. Did he scorn you? Your honor.
350
00:21:20,510 --> 00:21:23,870
Mr. Walsh. Love or money? Money or love?
What was the motive for murder? Move to
351
00:21:23,870 --> 00:21:24,870
strike. Mr.
352
00:21:25,370 --> 00:21:26,370
Walsh.
353
00:21:46,060 --> 00:21:49,580
Look, technically, this doesn't affect
our defense.
354
00:21:50,780 --> 00:21:54,300
With a psychotic break, motive isn't in
play.
355
00:21:56,140 --> 00:21:58,840
What other... Let's not kid ourselves.
356
00:22:00,400 --> 00:22:01,400
It matters.
357
00:22:06,340 --> 00:22:07,780
I'm so sorry.
358
00:22:15,120 --> 00:22:17,120
Three years ago, I did.
359
00:22:20,480 --> 00:22:23,240
Sometimes I would get so lonely, Kevin.
360
00:22:26,660 --> 00:22:32,880
Well, I never deluded myself into
thinking that I
361
00:22:32,880 --> 00:22:39,820
was always afraid that you'd turn to
someone
362
00:22:39,820 --> 00:22:42,340
else for what you couldn't get from me.
363
00:22:46,090 --> 00:22:47,090
To go to him?
364
00:23:00,670 --> 00:23:04,570
Any word?
365
00:23:05,530 --> 00:23:09,450
No. I persuaded the judge to let me give
a summation, so we go back in tomorrow
366
00:23:09,450 --> 00:23:10,450
morning.
367
00:23:10,710 --> 00:23:12,950
Summation? I can't give up on this
Eugene.
368
00:23:13,550 --> 00:23:14,990
Well, how did you persuade the judge?
369
00:23:18,540 --> 00:23:19,680
Did you go in next party?
370
00:23:22,060 --> 00:23:23,060
Yes.
371
00:23:23,320 --> 00:23:26,320
Jeremy, you can't do that. Please don't
start with me. What start? It's just
372
00:23:26,320 --> 00:23:29,320
that you can't do it. I really
appreciate you not leaning on me right
373
00:23:29,320 --> 00:23:31,600
just letting me finish this closing.
Could you do that?
374
00:23:34,380 --> 00:23:35,380
Are you okay?
375
00:23:49,570 --> 00:23:50,590
Oh, I'm sorry.
376
00:23:51,230 --> 00:23:52,930
Bobby. Oh, my God, Sarah.
377
00:23:53,150 --> 00:23:54,150
How are you?
378
00:23:54,230 --> 00:23:55,069
I'm great.
379
00:23:55,070 --> 00:23:56,070
You?
380
00:23:56,310 --> 00:23:57,310
Fine, fine.
381
00:23:57,630 --> 00:23:59,990
I thought you left Boston. Well, I'm
back.
382
00:24:00,350 --> 00:24:03,010
D .C. summers were too hot. I'm at
Wickham now, private practice.
383
00:24:03,270 --> 00:24:05,890
Wickham? Oh, that's a good find. It is,
it is.
384
00:24:06,650 --> 00:24:07,650
Oh, great.
385
00:24:08,930 --> 00:24:11,350
Married? No, no. One day, I hope.
386
00:24:11,910 --> 00:24:14,770
Boy, you look fabulous.
387
00:24:15,150 --> 00:24:16,710
Thank you. You do, too.
388
00:24:18,300 --> 00:24:19,760
I'm actually running late.
389
00:24:20,380 --> 00:24:21,920
I would love to catch up sometime.
390
00:24:22,320 --> 00:24:23,320
That'd be great.
391
00:24:23,960 --> 00:24:25,700
Good to see you. You too.
392
00:24:26,320 --> 00:24:32,800
No prior history
393
00:24:32,800 --> 00:24:34,420
of any violence.
394
00:24:35,180 --> 00:24:39,400
She came home days that day with no
memory of what had happened.
395
00:24:39,840 --> 00:24:41,560
She had had prior blackout.
396
00:24:42,160 --> 00:24:47,120
And as the medical expert told you, she
suffered from a syndrome known as
397
00:24:47,120 --> 00:24:48,300
caregiver's burnout.
398
00:24:49,520 --> 00:24:50,680
It broke her.
399
00:24:51,140 --> 00:24:57,300
The daily, overwhelming burden of having
to care for a quadriplegic with almost
400
00:24:57,300 --> 00:25:03,800
no help, no money, coupled with a rage
against a man who refused to help her,
401
00:25:03,800 --> 00:25:05,440
broke her.
402
00:25:06,320 --> 00:25:10,780
Even Derek Healy's own wife told you
that when she spoke to Nancy on the
403
00:25:10,780 --> 00:25:14,140
that day, She sounded like she was going
to snap.
404
00:25:14,660 --> 00:25:17,340
Well, she did snap.
405
00:25:18,600 --> 00:25:23,580
And the trauma of taking a human life
suppressed her memory.
406
00:25:25,020 --> 00:25:26,100
How convenient.
407
00:25:27,320 --> 00:25:33,820
She kills, forgets she kills, then lines
up for her inheritance.
408
00:25:34,280 --> 00:25:39,720
Oh, and by the way, she just happened to
have slept with the guy that she took
409
00:25:39,720 --> 00:25:40,720
the fire poker to.
410
00:25:41,130 --> 00:25:42,130
Come on.
411
00:25:42,550 --> 00:25:47,770
The only person that can support these
memory lapses, this dazed condition, is
412
00:25:47,770 --> 00:25:48,729
her husband.
413
00:25:48,730 --> 00:25:53,010
The man who also has a strong motive to
defend his wife.
414
00:25:53,930 --> 00:25:56,570
The man who also profits from the
killing.
415
00:25:57,370 --> 00:25:58,410
Here's what we have.
416
00:25:58,990 --> 00:26:03,270
The defendant and her ex -lover argue
the day before.
417
00:26:03,990 --> 00:26:07,530
She tells him he should be put out of
his misery.
418
00:26:07,970 --> 00:26:09,130
She says...
419
00:26:09,360 --> 00:26:10,640
That's the solution.
420
00:26:11,240 --> 00:26:16,620
The next day, she kills him, knowing
she'll inherit.
421
00:26:23,220 --> 00:26:25,160
Exactly how long is this formation?
422
00:26:28,260 --> 00:26:33,140
Jamie, it's understandable for a lawyer
to be anxious, especially a young one,
423
00:26:33,180 --> 00:26:36,720
but this is a motion. It's not a trial,
so... It's a motion to dismiss, and the
424
00:26:36,720 --> 00:26:38,340
client is a friend, and...
425
00:26:42,480 --> 00:26:43,480
I asked before.
426
00:26:44,580 --> 00:26:45,640
I'll ask you again.
427
00:26:46,400 --> 00:26:47,400
Are you okay?
428
00:26:48,940 --> 00:26:51,620
You can talk to me. It might even help.
429
00:26:52,000 --> 00:26:52,999
I'm fine.
430
00:26:53,000 --> 00:26:56,980
I am anxious, but... I'm fine.
431
00:27:14,600 --> 00:27:17,080
I was date -raped once, four years ago.
432
00:27:17,660 --> 00:27:18,860
I didn't report it.
433
00:27:19,300 --> 00:27:26,280
I was too afraid of the stigma, so maybe
this case has stirred things
434
00:27:26,280 --> 00:27:27,280
up a bit.
435
00:27:27,700 --> 00:27:29,140
You didn't report it?
436
00:27:29,500 --> 00:27:31,640
I couldn't even remember what I said yes
to.
437
00:27:32,580 --> 00:27:34,340
So, what, he drugged you?
438
00:27:35,100 --> 00:27:36,100
Yes.
439
00:27:36,680 --> 00:27:42,620
So, I don't know. Maybe I'm not being
exactly objective about this case, and
440
00:27:42,620 --> 00:27:43,620
so...
441
00:27:43,850 --> 00:27:44,850
I'm sorry.
442
00:27:45,270 --> 00:27:48,890
Did you go to counseling for this or...
You're the first person I've even told.
443
00:27:51,150 --> 00:27:52,350
Don't ask me why I'm telling you.
444
00:27:53,990 --> 00:27:58,050
Jamie, Lucy works for Red Crisis. Maybe
she can... I'm past it now, but thank
445
00:27:58,050 --> 00:27:59,050
you.
446
00:27:59,410 --> 00:28:04,170
Jamie, this is something you need to
deal with. I did deal with it. I moved
447
00:28:04,550 --> 00:28:06,470
Clearly, you haven't.
448
00:28:09,510 --> 00:28:11,250
I need to get to work on my clothing.
449
00:28:13,700 --> 00:28:17,440
I told you this in confidence, Eugene,
and I'm going to ask you to respect it.
450
00:28:38,860 --> 00:28:41,760
There's going to be some media floating
around, so why don't you go wait in that
451
00:28:41,760 --> 00:28:43,840
witness room and we'll find out what's
going on. Okay.
452
00:28:47,060 --> 00:28:48,060
Eleanor.
453
00:28:48,320 --> 00:28:49,320
Jimmy.
454
00:28:50,040 --> 00:28:51,320
How'd you like my little bombshell?
455
00:28:52,320 --> 00:28:53,680
You're quite pleased with yourself.
456
00:28:54,540 --> 00:28:55,840
Anyway, we have a verdict.
457
00:28:56,240 --> 00:28:58,240
Excuse me? Eleven o 'clock last night.
458
00:28:58,580 --> 00:29:00,120
Jury's coming back in about an hour.
459
00:29:00,740 --> 00:29:01,740
See you then, I guess.
460
00:29:03,180 --> 00:29:04,180
This isn't good.
461
00:29:04,960 --> 00:29:06,040
No, it isn't.
462
00:29:19,530 --> 00:29:20,530
What's up?
463
00:29:22,710 --> 00:29:23,950
The jury has a verdict.
464
00:29:25,870 --> 00:29:27,290
We'll be called in about an hour.
465
00:29:41,190 --> 00:29:43,430
Look, it means nothing.
466
00:29:43,830 --> 00:29:45,690
They spend so much time together.
467
00:29:46,530 --> 00:29:49,700
It... It probably has no relevance to
anything.
468
00:29:54,180 --> 00:29:59,240
I still love the Justice Department, but
I guess I want to buy a house one day.
469
00:29:59,260 --> 00:30:00,600
Private practice it was.
470
00:30:01,260 --> 00:30:04,140
Well, it certainly looks good on you.
471
00:30:04,460 --> 00:30:05,460
Yeah, thank you.
472
00:30:08,900 --> 00:30:10,060
Bobby, what's going on?
473
00:30:11,200 --> 00:30:12,200
What do you mean?
474
00:30:12,380 --> 00:30:13,500
Why are we having coffee?
475
00:30:14,880 --> 00:30:16,300
Well, like you said, to...
476
00:30:16,800 --> 00:30:19,000
Catch up and... I see.
477
00:30:20,220 --> 00:30:21,660
Let's catch up then. How's your
marriage?
478
00:30:25,420 --> 00:30:28,440
If you have to think about it, maybe you
shouldn't be having coffee with a woman
479
00:30:28,440 --> 00:30:29,440
you believe with.
480
00:30:29,820 --> 00:30:36,760
I didn't mean anything other than... I'm
very faithful to my
481
00:30:36,760 --> 00:30:37,760
wife.
482
00:30:38,300 --> 00:30:41,980
And are you being faithful to her at
this moment?
483
00:30:42,540 --> 00:30:43,540
Yes.
484
00:30:45,220 --> 00:30:46,460
I'm just having coffee.
485
00:30:47,880 --> 00:30:54,860
Not with someone who I used to sleep
with, but... Someone who... Who
486
00:30:54,860 --> 00:30:55,860
what?
487
00:30:56,900 --> 00:30:59,180
Who doesn't seem to mind my company.
488
00:31:01,620 --> 00:31:02,960
I don't always get that.
489
00:31:04,540 --> 00:31:10,440
So I take it your marriage is important
to you?
490
00:31:11,420 --> 00:31:12,420
Very.
491
00:31:13,260 --> 00:31:16,620
Then maybe you should make use of this
free time and spend it with your wife.
492
00:31:22,420 --> 00:31:24,460
There's no record of anybody saying
anything.
493
00:31:25,120 --> 00:31:27,980
Or anybody even considering her status
as a rape victim.
494
00:31:28,220 --> 00:31:31,400
No evidence that it was a factor in any
decision not to hire her.
495
00:31:31,960 --> 00:31:37,540
All we have is the paper -thin
allegation, supported by nothing, that
496
00:31:37,540 --> 00:31:38,660
have been because she was raped.
497
00:31:39,500 --> 00:31:44,120
And even if she's right, Even if they
could show she wasn't hired because she
498
00:31:44,120 --> 00:31:48,900
was raped, and they can't, the law does
not recognize crime victims as a
499
00:31:48,900 --> 00:31:51,260
protected class for the purpose of
bringing a lawsuit.
500
00:31:52,380 --> 00:31:55,800
Accordingly, Your Honor, you have no
legal choice but to dismiss this
501
00:32:07,960 --> 00:32:10,740
Of course there's going to be no record
of it.
502
00:32:11,200 --> 00:32:16,420
No lawyer is ever going to write down or
say aloud, gee, I really liked her, but
503
00:32:16,420 --> 00:32:21,540
that rape thing, it's just easier to
say, I didn't get a good feel.
504
00:32:21,800 --> 00:32:22,800
I agree.
505
00:32:22,960 --> 00:32:24,680
But that's your problem, counsel.
506
00:32:25,680 --> 00:32:29,480
Interviews are just that, getting a feel
for a person. They're not scientific.
507
00:32:29,740 --> 00:32:33,480
And prospective employers can reject a
candidate for a whole host of reasons.
508
00:32:33,720 --> 00:32:36,360
But being raped is not one of them. Says
who?
509
00:32:37,160 --> 00:32:37,999
As Mr.
510
00:32:38,000 --> 00:32:41,420
Hall points out, there's no special
protection for crime victims.
511
00:32:41,720 --> 00:32:44,840
But if she was perceived as being
sexually damaged... Where's the showing
512
00:32:44,840 --> 00:32:47,560
that? If allowed to conduct discovery, I
could make a showing.
513
00:32:47,760 --> 00:32:52,480
Mrs. Stringer, it's tough enough to fire
a person in this country without being
514
00:32:52,480 --> 00:32:53,660
subjected to a lawsuit.
515
00:32:54,060 --> 00:32:58,780
Now you're asking me to create a brand
new cause of action for those people not
516
00:32:58,780 --> 00:32:59,739
even hired yet.
517
00:32:59,740 --> 00:33:03,980
And it's hard enough to be raped without
then having to endure a stigma.
518
00:33:04,810 --> 00:33:09,550
Rape victims are still perceived of as
angry, damaged, less than.
519
00:33:09,770 --> 00:33:14,690
As a result, women are encouraged by
society to keep it to themselves. And
520
00:33:14,690 --> 00:33:16,530
God's sakes, don't talk about it.
521
00:33:17,150 --> 00:33:19,370
Andrea Coate is a rape survivor.
522
00:33:20,230 --> 00:33:25,610
And one of the ways she survived is by
talking about it. She shouldn't have to
523
00:33:25,610 --> 00:33:26,610
stay in a closet.
524
00:33:27,230 --> 00:33:32,110
A woman is forcibly raped every six
minutes in this country. Let me say it
525
00:33:32,110 --> 00:33:33,810
again. Every six.
526
00:33:34,500 --> 00:33:36,520
You're getting off track. No, I'm not.
527
00:33:37,180 --> 00:33:38,180
Jamie.
528
00:33:44,320 --> 00:33:47,180
There are a lot of rape survivors out
there.
529
00:33:47,660 --> 00:33:51,620
They're beginning to constitute a
significant portion of our society.
530
00:33:52,280 --> 00:33:59,040
And... We're
531
00:33:59,040 --> 00:34:00,360
out there.
532
00:34:03,820 --> 00:34:10,760
We're all around you But we stay quiet
and things stay a secret
533
00:34:10,760 --> 00:34:13,900
because there's an implied pressure
534
00:34:13,900 --> 00:34:19,679
Don't talk about it well
535
00:34:19,679 --> 00:34:26,340
We're out there you seem to be getting
emotional
536
00:34:26,340 --> 00:34:31,400
If you can make a legal argument
537
00:34:35,210 --> 00:34:37,750
My legal argument would be public
policy.
538
00:34:38,630 --> 00:34:44,030
This country spends millions of tax
dollars on rape prevention, medical
539
00:34:44,030 --> 00:34:45,909
facilities, rape crisis units.
540
00:34:46,130 --> 00:34:48,350
We pass rape shield laws.
541
00:34:48,670 --> 00:34:50,690
We have rape victims funds.
542
00:34:51,190 --> 00:34:58,170
We have a public policy to integrate
rape survivors into society, to
543
00:34:58,170 --> 00:34:59,170
make them whole.
544
00:35:01,230 --> 00:35:07,110
Not hiring someone because she was raped
violates that public policy and
545
00:35:07,110 --> 00:35:11,430
accordingly affords my client a cause of
action.
546
00:35:35,470 --> 00:35:36,470
Two things.
547
00:35:36,870 --> 00:35:39,710
First, you argued an excellent case.
548
00:35:40,270 --> 00:35:42,770
Your legal analysis was strong. Who
knows?
549
00:35:43,270 --> 00:35:46,890
You may even get the judge to recognize
rape victims as a status class.
550
00:35:49,950 --> 00:35:55,410
Second, Jamie,
551
00:35:55,570 --> 00:36:00,430
you need to recognize yourself as a rape
victim.
552
00:36:01,690 --> 00:36:04,910
Like the judge said, your emotion was
all over that room.
553
00:36:05,150 --> 00:36:09,950
This thing... Talk to Luffy.
554
00:36:22,530 --> 00:36:23,530
Time to go?
555
00:36:23,890 --> 00:36:25,290
No, we still have a few minutes.
556
00:36:31,720 --> 00:36:32,720
I figured it out.
557
00:36:34,640 --> 00:36:37,280
Nancy, her feeling of being drugged.
558
00:36:37,760 --> 00:36:38,960
She was drugged.
559
00:36:39,780 --> 00:36:41,140
She slept through the day.
560
00:36:42,000 --> 00:36:43,540
You made the phone call to Lori.
561
00:36:44,100 --> 00:36:47,640
Lori drove over, drove Nancy's car back,
pulled into the garage.
562
00:36:48,240 --> 00:36:53,060
She kills her husband, dabs Nancy's shoe
in the blood, and drives back.
563
00:36:53,880 --> 00:36:58,020
Nancy wakes, has no memory of what
happened. You tell her she's been out
564
00:36:58,020 --> 00:37:00,680
somewhere. Nancy eventually believes it.
565
00:37:01,230 --> 00:37:05,170
Because she knows she's had blackouts
before on other occasions where you've
566
00:37:05,170 --> 00:37:06,089
drugged her.
567
00:37:06,090 --> 00:37:10,630
And when Nancy made the threat about
putting him out of his misery, the
568
00:37:10,630 --> 00:37:11,630
was perfect.
569
00:37:12,430 --> 00:37:13,890
Do it the next day.
570
00:37:17,850 --> 00:37:22,150
And how would you propose that I drugged
her when I can't even move my hands?
571
00:37:23,210 --> 00:37:24,230
Sedatives on my lips?
572
00:37:25,430 --> 00:37:28,350
Laurie took care of that when she made
the coffee the night before.
573
00:37:29,770 --> 00:37:30,770
Well?
574
00:37:31,050 --> 00:37:36,290
If this fantastic tale were true, why
would I then participate in my wife's
575
00:37:36,290 --> 00:37:40,070
defense and testify on her behalf at
trial?
576
00:37:40,350 --> 00:37:45,550
Because either you felt a need to play
your part to the fullest, or you really
577
00:37:45,550 --> 00:37:46,930
don't want Nancy in jail.
578
00:37:47,650 --> 00:37:51,090
The only goal was to kill your brother
and get away with it.
579
00:37:54,250 --> 00:37:56,250
You make me sound villainous.
580
00:37:58,810 --> 00:38:00,630
Wheelchair -bound people are victims.
581
00:38:02,650 --> 00:38:04,270
We're weak. You know that.
582
00:38:06,850 --> 00:38:08,050
Here's the problem, Kevin.
583
00:38:09,350 --> 00:38:15,430
If Nancy gets convicted, which is a real
possibility, she's going away for life
584
00:38:15,430 --> 00:38:17,310
and I won't be able to undo it.
585
00:38:17,670 --> 00:38:21,150
So the question is, how villainous are
you?
586
00:38:22,610 --> 00:38:24,370
Gonna let your wife go away, Kevin?
587
00:38:25,570 --> 00:38:27,270
After all she's done for you?
588
00:38:27,740 --> 00:38:31,060
All she's done, she cheated on me.
589
00:38:33,800 --> 00:38:36,700
Anyway, she's not going to go away.
590
00:38:37,960 --> 00:38:40,860
Because you're a wonderful attorney,
owner.
591
00:38:41,860 --> 00:38:43,920
And you've just tried a splendid case.
592
00:38:46,200 --> 00:38:47,460
Don't sell yourself short.
593
00:38:50,940 --> 00:38:51,940
Jury's coming in.
594
00:39:12,810 --> 00:39:15,330
Madam foreperson, the jury has reached a
verdict.
595
00:39:15,590 --> 00:39:16,730
We have, Your Honor.
596
00:39:16,990 --> 00:39:18,410
Will the defendant please rise?
597
00:39:21,110 --> 00:39:24,230
What say you? In the matter of the
Commonwealth v.
598
00:39:24,490 --> 00:39:29,450
Nancy Healy on the charge of murder in
the second degree, we find the
599
00:39:29,810 --> 00:39:32,030
Nancy Healy, guilty.
600
00:39:32,690 --> 00:39:35,210
The jury is dismissed with the thanks of
the court.
601
00:39:35,690 --> 00:39:36,690
We're adjourned.
602
00:39:43,690 --> 00:39:44,690
I'm sorry.
603
00:39:45,010 --> 00:39:46,570
We'll start pursuing appeals.
604
00:39:47,890 --> 00:39:48,890
Okay.
605
00:39:49,190 --> 00:39:50,650
I'm so sorry, honey.
606
00:39:52,090 --> 00:39:53,790
Who's going to take care of you?
607
00:39:54,610 --> 00:39:55,610
I'll be okay.
608
00:39:57,630 --> 00:39:58,630
This way, ma 'am.
609
00:40:04,590 --> 00:40:05,770
Nancy is my client.
610
00:40:06,990 --> 00:40:09,030
I can go to the police with my theory.
611
00:40:09,490 --> 00:40:10,490
Please do.
612
00:40:10,860 --> 00:40:13,120
I'm sure they'll be as entertained by it
as I was.
613
00:40:36,720 --> 00:40:37,740
Where is everyone?
614
00:40:39,180 --> 00:40:40,180
Lunch.
615
00:40:41,170 --> 00:40:42,250
Well, then I guess I'll go eat.
616
00:40:43,610 --> 00:40:44,630
You want me to pick you up something?
617
00:40:45,270 --> 00:40:46,270
No, thanks.
618
00:40:47,990 --> 00:40:51,270
Want to go to lunch?
619
00:40:52,210 --> 00:40:53,590
Oh, I would love to.
620
00:40:54,410 --> 00:40:56,990
But if someone isn't here to watch the
phones, Eugene gives birth.
621
00:41:09,290 --> 00:41:10,870
Lucy, could I talk to you for a second?
622
00:41:12,150 --> 00:41:13,150
Yeah, sure.
623
00:41:22,270 --> 00:41:26,490
Well... One second.
624
00:41:27,950 --> 00:41:28,950
Donnie Young and Fred.
625
00:41:31,790 --> 00:41:32,790
Uh -huh.
626
00:41:34,590 --> 00:41:35,590
Thank you.
627
00:41:37,320 --> 00:41:38,780
That was the clerk's office.
628
00:41:39,660 --> 00:41:40,920
You won your motion.
629
00:41:41,580 --> 00:41:42,580
What?
630
00:41:42,860 --> 00:41:44,600
Motion to dismiss was denied.
631
00:41:47,980 --> 00:41:48,980
Oh.
632
00:41:49,340 --> 00:41:50,340
Wow, wow.
633
00:41:51,040 --> 00:41:52,040
Congratulations.
634
00:41:53,360 --> 00:41:54,580
What do you want to talk about?
635
00:41:56,860 --> 00:41:57,860
Well...
636
00:42:06,570 --> 00:42:07,570
Are you okay?
637
00:42:11,370 --> 00:42:12,370
What's wrong?
638
00:42:15,050 --> 00:42:16,050
Nothing.
639
00:42:22,370 --> 00:42:23,570
It was a...
50925
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