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1
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On the practice.
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Why are you so angry?
3
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For pretending that my husband's in love
with me when I know he's not.
4
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For God's sake.
5
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Of course I love you. Oh, I'm sorry.
6
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Bobby. Oh, my God, Sarah.
7
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How are you?
8
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I'm great.
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I thought you left Boston. Well, I'm
back.
10
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D .C. summers were too hot. I'm at
Wickham now, private practice. Wickham?
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that's a good find. It is.
12
00:00:26,040 --> 00:00:27,200
Bobby, what's going on?
13
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Why are we having coffee?
14
00:00:29,180 --> 00:00:32,960
Well, like you said, to catch up and...
Let's catch up, then. How's your
15
00:00:32,960 --> 00:00:33,960
marriage?
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00:00:36,320 --> 00:00:38,980
If you have to think about it, maybe you
shouldn't be having coffee with the
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00:00:38,980 --> 00:00:39,980
woman you used to sleep with.
18
00:00:40,380 --> 00:00:41,720
I'm very faithful.
19
00:00:42,340 --> 00:00:45,660
Then maybe you should make use of this
free time and spend it with your wife.
20
00:00:54,500 --> 00:00:55,500
Yo.
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00:00:56,100 --> 00:00:57,100
Z.
22
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No, it's not like that.
23
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Look, I'm just saying things are slow
out here.
24
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It's not an excuse. Yeah,
25
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I hear you.
26
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No.
27
00:01:09,740 --> 00:01:10,960
Yeah, you get your money, all right?
28
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But they believe the shooting was drug
-related. The suspect, only 19 years
29
00:02:18,560 --> 00:02:20,360
was arrested trying to flee the scene.
30
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In fact, police say the Dorchester teen
was still holding a murder weapon.
31
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Police have identified the victim as 36
-year -old Lauren Hayes.
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Hayes, a single mother of three, was
reportedly walking her son to school.
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When did we get appointed?
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00:02:37,400 --> 00:02:39,940
The judge called at 7. Eugene and Jimmy
left an hour ago.
35
00:02:41,000 --> 00:02:42,540
Helen Gamble drew the case.
36
00:02:43,820 --> 00:02:44,820
Great.
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According to eyewitnesses, the suspect,
Troy Ezekiel, just brandished the gun
38
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and began firing.
39
00:02:52,980 --> 00:02:55,080
It was an accident. Slow down.
40
00:02:55,300 --> 00:02:58,260
You need to find Willie Brand. He was
the guy I was shooting at. I never meant
41
00:02:58,260 --> 00:03:01,340
to hit that lady. It really doesn't
matter who you were shooting at, Troy.
42
00:03:01,340 --> 00:03:02,340
was going to kill me.
43
00:03:02,540 --> 00:03:06,880
That matters. It matters to me. Who was
going to kill you?
44
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Willie Brand.
45
00:03:08,810 --> 00:03:12,310
He said if I stood on his corner one
more time, he was going to tap me. Now,
46
00:03:12,310 --> 00:03:14,890
need to be chasing his ass down instead
of sitting here. I don't need to be
47
00:03:14,890 --> 00:03:18,210
chasing anybody's ass down. So this was
a drug territory thing?
48
00:03:18,490 --> 00:03:22,890
Yes. Well, did he reach for a gun or
point one at you? What did he do?
49
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But I wasn't about to wait.
50
00:03:26,030 --> 00:03:27,470
He was going to do it, I know.
51
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Okay.
52
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No talking in the courtroom.
53
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We'll meet here.
54
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Right after the arraignment.
55
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3 -2 -7 -7 -7.
56
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Commonwealth versus Troy Ezekiel on the
charge of murder in the first degree.
57
00:03:53,180 --> 00:03:55,920
Excuse me, Your Honor, but my client
hasn't been brought in yet.
58
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Where is he? I can answer that.
59
00:04:02,120 --> 00:04:04,180
I apologize for the late notice, Your
Honor.
60
00:04:04,580 --> 00:04:06,500
I'm Todd Dixon from the Justice
Department.
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Troy Ezekiel is now in federal custody.
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What? Since when?
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00:04:10,520 --> 00:04:14,720
A few minutes ago. U .S. Marshals just
took him. Again, I apologize for the
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second confusion.
65
00:04:15,540 --> 00:04:17,160
Took him on whose authority?
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Judge Minella of the United States
District Court for Boston. She issued a
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early this morning.
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00:04:22,280 --> 00:04:26,960
Is there a new charge? Murder in the
furtherance of a drug enterprise and
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00:04:26,960 --> 00:04:28,580
trafficking within a thousand feet of a
school.
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00:04:33,860 --> 00:04:35,040
Did you know about this?
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00:04:35,480 --> 00:04:37,460
Of course I didn't know. Did you see my
expression?
72
00:04:37,780 --> 00:04:39,780
There are murders all the time in that
neighborhood.
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00:04:40,060 --> 00:04:43,740
The federal government has never stepped
in. Jimmy, figure it out. There can
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00:04:43,740 --> 00:04:45,200
only be one explanation.
75
00:04:46,080 --> 00:04:47,080
Which is?
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00:04:48,200 --> 00:04:51,740
What can the federal government do that
the state can't?
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00:04:53,860 --> 00:04:54,860
Oh, God.
78
00:04:55,360 --> 00:04:56,360
What?
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00:04:57,720 --> 00:04:58,720
They can execute.
80
00:05:01,900 --> 00:05:03,240
They're going for the death penalty.
81
00:05:11,950 --> 00:05:12,950
The death penalty?
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00:05:13,650 --> 00:05:16,770
Well, they haven't filed yet, but we
think that's what this is about. What,
83
00:05:16,770 --> 00:05:18,230
they going to kill me over an accident?
84
00:05:18,490 --> 00:05:21,570
Well, you did kill somebody. The fact
that it was the wrong person... Why the
85
00:05:21,570 --> 00:05:22,570
hell aren't you on my side?
86
00:05:22,970 --> 00:05:24,030
Let's get something straight.
87
00:05:24,850 --> 00:05:26,910
I'm your lawyer, not your friend.
88
00:05:27,170 --> 00:05:30,390
Now I remember you. You came to my
school on some career day crap.
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00:05:31,010 --> 00:05:32,790
You were cocky then and you're still
out.
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00:05:33,030 --> 00:05:34,070
Pity I didn't know better.
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00:05:34,550 --> 00:05:35,930
Look how we turned out.
92
00:05:36,210 --> 00:05:37,630
I should have been more like you.
93
00:05:40,910 --> 00:05:42,490
Want me to tough you out without a gun?
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00:05:43,610 --> 00:05:44,610
Go ahead.
95
00:05:46,490 --> 00:05:48,930
Second thing to get straight, you a
punk.
96
00:05:49,630 --> 00:05:55,250
Drug dealer, murderer, punk, which makes
my job tougher. But I'm going to do my
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00:05:55,250 --> 00:06:00,530
job all the same. All I need for you is
to do yours, which basically means to
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00:06:00,530 --> 00:06:03,390
keep your mouth shut and do as I tell
you.
99
00:06:11,280 --> 00:06:12,280
You're really going for death.
100
00:06:14,640 --> 00:06:15,640
Yes.
101
00:06:16,960 --> 00:06:17,960
They are.
102
00:06:23,680 --> 00:06:26,200
What happens is they form an ad hoc
committee.
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00:06:26,600 --> 00:06:30,380
Basically, what they do is they walk
around the office, grab four or five
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00:06:30,380 --> 00:06:34,660
prosecutors, whoever's there. And that
committee decides whether or not to go
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for death.
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00:06:35,380 --> 00:06:36,380
Pretty much.
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00:06:36,680 --> 00:06:40,400
The U .S. attorney makes a short
presentation, and then they vote.
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00:06:40,960 --> 00:06:43,320
Simple as that. Sometimes they even do
it over sandwiches.
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00:06:44,020 --> 00:06:47,960
The problem is, once they decide Bobby
is right, you can't appeal it.
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Do we get to address this committee?
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00:06:50,080 --> 00:06:51,480
Do you have the right to? No.
112
00:06:51,760 --> 00:06:55,480
But sometimes they will invite defense
lawyers in to hear what they have to
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How do we get such an invitation?
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You cross your fingers.
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Thank you.
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Any other way?
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Like someone who used to work in the
Justice Department could make a phone
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Please.
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00:07:09,520 --> 00:07:12,620
This kid is a criminal, no doubt, but he
doesn't deserve death.
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I'll make a call.
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00:07:17,380 --> 00:07:18,380
Thank you.
122
00:07:19,720 --> 00:07:20,860
Could I have a second with Bobby?
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What are you doing?
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00:07:31,300 --> 00:07:33,020
What? Why am I here?
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Because we needed... You don't have any
other connections to the Justice
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Department?
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00:07:40,880 --> 00:07:42,420
Believe it or not, no.
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00:07:46,580 --> 00:07:48,040
Hey. Hey.
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00:07:49,220 --> 00:07:50,860
Lindsay Dole, my wife.
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00:07:51,580 --> 00:07:52,580
Sarah Barger.
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00:07:52,640 --> 00:07:54,160
Hi. Nice to meet you.
132
00:07:55,120 --> 00:07:59,100
Do you want me to wait or... No, no, I
think... We're done.
133
00:07:59,800 --> 00:08:00,800
We're done, yes.
134
00:08:01,740 --> 00:08:05,000
Thank you again for... Everything I've
done.
135
00:08:05,960 --> 00:08:06,960
Yes.
136
00:08:07,820 --> 00:08:09,520
Well, I will let you know what the
committee says.
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00:08:10,890 --> 00:08:12,430
Nice to meet you, Lindsay. You too.
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00:08:13,030 --> 00:08:15,070
You okay?
139
00:08:19,430 --> 00:08:20,430
Me?
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00:08:20,710 --> 00:08:26,590
You seem a little on tilt. Oh, um, death
penalty case. I'm a
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00:08:26,590 --> 00:08:28,550
little rattled. Ah.
142
00:08:30,130 --> 00:08:31,270
Too rattled to eat?
143
00:08:31,570 --> 00:08:33,809
No, no. Let's, let's wait.
144
00:08:50,730 --> 00:08:53,430
Okay, you've got your invitation, 10 o
'clock tomorrow morning.
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Thank you.
146
00:08:54,790 --> 00:08:58,410
Is there a certain procedure or... Not
really.
147
00:08:59,390 --> 00:09:02,970
Prosecution goes first, then you. Expect
to get about 10 minutes.
148
00:09:03,430 --> 00:09:08,290
Now, look, don't waste it arguing the
elements. The committee assumes guilt.
149
00:09:08,390 --> 00:09:12,590
They assume a first -degree conviction.
Their role is only how to punish the
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00:09:12,590 --> 00:09:15,070
convicted. You mean what punishment to
recommend.
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00:09:15,510 --> 00:09:17,070
It's the jury who decides.
152
00:09:17,450 --> 00:09:21,300
The jury may decide, Jimmy, but if you
look at their track record, When the
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00:09:21,300 --> 00:09:22,900
ask for death, they almost always get
it.
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00:09:23,340 --> 00:09:26,860
Which means if we're to save this kid's
life... You need to do it here.
155
00:09:27,300 --> 00:09:29,260
What about administrative rules?
156
00:09:29,720 --> 00:09:31,040
I don't think you understand.
157
00:09:31,480 --> 00:09:35,660
They pluck five prosecutors, they put
them in a room, and they decide. No
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00:09:35,900 --> 00:09:37,400
No evidentiary procedure.
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00:09:37,860 --> 00:09:39,100
No due process.
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00:09:40,200 --> 00:09:46,160
You just make the best case you can that
this kid, deep down, is an angel. I'm
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00:09:46,160 --> 00:09:47,420
still stuck on the why.
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00:09:47,700 --> 00:09:49,320
Why go after this kid?
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00:09:50,040 --> 00:09:51,600
It isn't the kid, Jimmy. It's the
Commonwealth.
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00:09:53,080 --> 00:09:56,320
Ashcroft is trying to bring the death
penalty into all of the states that
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00:09:56,320 --> 00:09:58,840
have it, and Massachusetts is on the top
of his list.
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00:09:59,140 --> 00:10:02,820
So he's hauling state murder cases into
federal court.
167
00:10:03,180 --> 00:10:04,240
We'd better get to work.
168
00:10:08,740 --> 00:10:10,320
Thank you. No problem.
169
00:10:12,300 --> 00:10:16,200
Sarah, we really appreciate this.
170
00:10:16,840 --> 00:10:19,020
Well, good luck with it. You're going to
need it.
171
00:10:22,720 --> 00:10:29,280
Listen, um... It's gonna be a late night
here, and I don't know if you have
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00:10:29,280 --> 00:10:34,460
plans, but... You wanna grab some
dinner?
173
00:10:41,620 --> 00:10:46,720
The reason this is so important... We
have no defense.
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00:10:48,080 --> 00:10:51,520
The kid he was shooting at, turns out he
had no weapon.
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00:10:52,280 --> 00:10:55,500
None of the witnesses saw him make any
threatening gestures towards your son.
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00:10:56,240 --> 00:11:00,580
And Troy himself told the police that he
didn't see him reach for a gun.
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00:11:01,860 --> 00:11:04,380
So he's going to be convicted.
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00:11:06,220 --> 00:11:08,460
I'd be lying if I said I thought
otherwise.
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00:11:09,780 --> 00:11:14,400
Which means we need to convince them not
to go for the death penalty.
180
00:11:14,840 --> 00:11:19,640
A. Because their decision isn't subject
to appeal. And B.
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00:11:20,410 --> 00:11:24,090
When they go for the death penalty, they
usually get it.
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My God.
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00:11:28,050 --> 00:11:29,050
My God.
184
00:11:29,650 --> 00:11:33,650
Look, I'm not even sure the committee
will agree to hear from you.
185
00:11:34,850 --> 00:11:39,710
But if they do, I did the best I could.
186
00:11:42,190 --> 00:11:45,650
Troy's older brother, he got into drugs.
187
00:11:46,990 --> 00:11:48,850
Troy just followed suit, I guess.
188
00:11:50,890 --> 00:11:51,890
I tried.
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00:11:54,670 --> 00:11:55,670
I tried.
190
00:12:03,030 --> 00:12:08,530
So, now we're in therapy and... I don't
know, I hope it helps, but...
191
00:12:08,530 --> 00:12:15,090
Hello?
192
00:12:16,710 --> 00:12:17,710
Come here.
193
00:12:18,370 --> 00:12:19,590
Well, maybe you can...
194
00:12:20,200 --> 00:12:21,200
Say something.
195
00:12:23,760 --> 00:12:27,180
Okay, I can't believe we're sitting
here, doing this.
196
00:12:27,400 --> 00:12:28,400
How's that?
197
00:12:29,200 --> 00:12:30,159
Doing what?
198
00:12:30,160 --> 00:12:31,160
We're having dinner.
199
00:12:32,840 --> 00:12:34,640
Oh, we're having dinner. Okay.
200
00:12:35,740 --> 00:12:37,060
What do you think we're doing?
201
00:12:39,560 --> 00:12:40,820
Bobby, this is foreplay.
202
00:12:41,880 --> 00:12:42,880
Excuse me?
203
00:12:42,940 --> 00:12:46,180
Oh, I did ten minutes on my lousy
marriage, twenty minutes on how your
204
00:12:46,180 --> 00:12:47,680
really doesn't understand you.
205
00:12:53,210 --> 00:12:54,330
Foreplay for infidelity.
206
00:12:54,630 --> 00:12:55,630
Isn't even original.
207
00:12:56,610 --> 00:12:59,950
I have no plans for being unfaithful to
my... Yes, you do.
208
00:13:00,930 --> 00:13:04,370
You're probably too good of a guy to
actually do it, but just allowing for
209
00:13:04,370 --> 00:13:05,710
possibility. You're wrong.
210
00:13:10,650 --> 00:13:14,910
I'm having dinner with an old friend,
period.
211
00:13:16,730 --> 00:13:21,390
Fine. You know, you make it seem like
I'm trying to orchestrate something
212
00:13:21,870 --> 00:13:25,610
But here you sit. You brought me in on a
case. Which doesn't obligate you to
213
00:13:25,610 --> 00:13:26,610
dinner.
214
00:13:26,990 --> 00:13:28,870
But here you sit.
215
00:13:30,630 --> 00:13:31,630
Okay, you're right.
216
00:13:32,230 --> 00:13:33,230
I plead guilty.
217
00:13:34,270 --> 00:13:37,970
So you're up, Bobby. I made my
admission. I'm here because I find it a
218
00:13:37,970 --> 00:13:40,710
exciting to be having dinner with a man
I used to make love to.
219
00:13:41,330 --> 00:13:42,330
I'm not innocent.
220
00:13:42,370 --> 00:13:43,370
What's your story?
221
00:13:44,930 --> 00:13:46,170
I'll tell you your story.
222
00:13:47,150 --> 00:13:48,150
You feel lonely.
223
00:13:48,410 --> 00:13:50,810
You feel Lindsay's responsible for that
loneliness.
224
00:13:51,440 --> 00:13:56,340
And so that somehow justifies you going
out to enjoy some simple company with a
225
00:13:56,340 --> 00:13:57,340
friend.
226
00:13:57,720 --> 00:14:01,300
Lindsay shut you out. She drove you to
this dinner in a way. Isn't that the way
227
00:14:01,300 --> 00:14:02,300
it goes?
228
00:14:02,720 --> 00:14:05,780
Of course, you'd never let it go
anywhere with me because you're
229
00:14:06,000 --> 00:14:07,000
It's a friendship.
230
00:14:07,320 --> 00:14:08,320
Completely innocent.
231
00:14:09,500 --> 00:14:12,640
If anything were to happen, well, it
would have to be me.
232
00:14:13,400 --> 00:14:15,580
Always was a bit of a risk taker, that
crazy me.
233
00:14:22,099 --> 00:14:23,099
You're safe, Bobby.
234
00:14:24,040 --> 00:14:25,800
Not sure it's what you want, but you're
safe.
235
00:14:27,620 --> 00:14:28,620
This will be a dinner.
236
00:14:28,980 --> 00:14:29,980
Nothing more.
237
00:14:41,580 --> 00:14:44,100
Once you get the names of the committee
members, call me. I'll give you the
238
00:14:44,100 --> 00:14:45,100
rundown. Okay.
239
00:14:46,420 --> 00:14:47,740
This is me right here, 205.
240
00:14:58,710 --> 00:14:59,710
Again.
241
00:15:00,570 --> 00:15:01,750
Thanks for all your help.
242
00:15:02,170 --> 00:15:03,170
My pleasure.
243
00:15:03,270 --> 00:15:04,290
And thank you for dinner.
244
00:15:08,090 --> 00:15:09,830
If you're ever single again, call me.
245
00:15:11,910 --> 00:15:13,850
I don't have plans to be single again.
246
00:15:49,310 --> 00:15:50,810
Did you kiss her back? No.
247
00:15:51,550 --> 00:15:55,470
And she didn't really kiss me. It was
just a good night. Why were you having
248
00:15:55,470 --> 00:15:56,470
dinner with her?
249
00:15:56,530 --> 00:15:57,530
I don't know.
250
00:15:57,790 --> 00:15:59,670
You all say I crave isolation.
251
00:15:59,890 --> 00:16:03,210
I think a part of me needed... Don't
give me that crap. You're just looking
252
00:16:03,210 --> 00:16:05,190
pop your hot dog. Rebecca. I'm lonely.
253
00:16:05,570 --> 00:16:06,570
I'm misunderstood.
254
00:16:07,390 --> 00:16:08,690
Why are you even telling me this?
255
00:16:08,910 --> 00:16:09,910
I tell you why.
256
00:16:10,250 --> 00:16:12,710
You're looking to clear your little
conscience and not get caught.
257
00:16:13,420 --> 00:16:16,760
You should be telling Lindsay if you're
angry, not me, and certainly not that
258
00:16:16,760 --> 00:16:19,880
plot, Sarah. Everything's just black and
white with you, isn't it? This is.
259
00:16:20,420 --> 00:16:22,480
You don't go having dinner with ex
-girlfriends.
260
00:16:22,940 --> 00:16:23,940
You're married.
261
00:16:30,080 --> 00:16:32,380
This is how Troy Ezekiel looked that
morning.
262
00:16:32,880 --> 00:16:34,960
This is the man who killed Lauren Hayes.
263
00:16:35,400 --> 00:16:37,420
Not the cleaned -up version they brought
in here today.
264
00:16:41,020 --> 00:16:42,600
What you're getting now...
265
00:16:42,990 --> 00:16:44,270
is a copy of Mr.
266
00:16:44,710 --> 00:16:45,710
Ezekiel's rap sheet.
267
00:16:46,730 --> 00:16:49,230
It shows two convictions for cocaine
possession.
268
00:16:49,930 --> 00:16:52,310
And as you can see, he was given a
break.
269
00:16:52,850 --> 00:16:54,530
Instead of jail, the court ordered
treatment.
270
00:16:55,570 --> 00:16:59,830
Eighteen months later, he was arrested
again, this time with twice the amount
271
00:16:59,830 --> 00:17:02,810
drugs. And again, he was allowed to
plead to a misdemeanor.
272
00:17:03,050 --> 00:17:04,050
How long did he serve?
273
00:17:04,470 --> 00:17:07,910
Ninety days, which was light, given that
he was already a seller.
274
00:17:08,630 --> 00:17:10,390
Mr. Dixon, let's get to the crime,
please.
275
00:17:13,260 --> 00:17:16,200
This map shows the path taken by the
defendant.
276
00:17:16,920 --> 00:17:19,819
As you can see, he started firing at
will here.
277
00:17:20,460 --> 00:17:25,520
His intended target, a rival dealer,
managed to get away without being hit.
278
00:17:26,400 --> 00:17:31,600
But not before the defendant emptied his
clip, shooting 11 rounds onto a crowded
279
00:17:31,600 --> 00:17:34,240
street less than two blocks away from a
school.
280
00:17:35,200 --> 00:17:37,440
He didn't care who or what he hit.
281
00:17:40,700 --> 00:17:42,280
She was 36 years old.
282
00:17:43,790 --> 00:17:46,050
She had three children she supported
alone.
283
00:17:47,350 --> 00:17:48,490
She was a good woman.
284
00:17:49,050 --> 00:17:50,050
A good mother.
285
00:17:51,590 --> 00:17:53,910
Gone. Now and forever.
286
00:17:56,970 --> 00:17:58,670
Lauren Hayes didn't deserve to die.
287
00:18:00,790 --> 00:18:02,070
Troy Ezekiel does.
288
00:18:18,350 --> 00:18:19,430
This is Lauren Hayes' son.
289
00:18:20,730 --> 00:18:21,930
I'd like you to hear from him.
290
00:18:32,250 --> 00:18:33,650
Did it go that well?
291
00:18:34,070 --> 00:18:35,430
They heard from the son.
292
00:18:35,810 --> 00:18:36,789
The son?
293
00:18:36,790 --> 00:18:37,790
Of the victim.
294
00:18:38,070 --> 00:18:39,390
He was pretty devastating.
295
00:18:40,010 --> 00:18:41,970
Bobby, Sarah Barker.
296
00:18:42,250 --> 00:18:44,090
Could you persuade her to join our
defense?
297
00:18:45,630 --> 00:18:46,690
What? Why?
298
00:18:47,130 --> 00:18:51,500
Well... One problem we have, Dixon knows
all the committee members, their
299
00:18:51,500 --> 00:18:55,240
colleagues. Jimmy and I are just your
basic defense attorneys. We have no real
300
00:18:55,240 --> 00:18:59,420
credibility with him. We thought since
Sarah used to work in that office. That
301
00:18:59,420 --> 00:19:04,160
was many years ago. Even so, it couldn't
hurt. And right now, things don't look
302
00:19:04,160 --> 00:19:05,160
good.
303
00:19:05,260 --> 00:19:06,760
Bobby, we need some help here.
304
00:19:07,600 --> 00:19:09,720
I mean, if she could just so much as be
at our table.
305
00:19:15,980 --> 00:19:19,820
You're joking. It wasn't my idea, I
promise you, it wasn't.
306
00:19:20,120 --> 00:19:21,820
Well, exactly what do they want me to
do?
307
00:19:22,080 --> 00:19:23,080
Just join them.
308
00:19:23,660 --> 00:19:25,060
Be in the room with them.
309
00:19:26,120 --> 00:19:28,600
This wouldn't be you inventing a way to
be in a room with me.
310
00:19:29,000 --> 00:19:31,240
No. This comes from Eugene.
311
00:19:34,740 --> 00:19:37,200
You know a lot of these committee
members.
312
00:19:38,600 --> 00:19:39,700
It might help.
313
00:19:43,440 --> 00:19:45,980
We don't want to hear from his father.
Why not?
314
00:19:47,020 --> 00:19:50,800
Mr. Young, this committee is already
indulging you just by allowing you to be
315
00:19:50,800 --> 00:19:54,920
here. You heard from the victim's son.
Why can't... Look, if you want to give
316
00:19:54,920 --> 00:19:56,280
Troy a chance to speak, fine.
317
00:19:56,780 --> 00:19:59,900
But we're not going to turn this into a
hearing. We're just asking for two
318
00:19:59,900 --> 00:20:02,960
minutes. The time for his father to talk
would be at sentencing. We're just
319
00:20:02,960 --> 00:20:05,300
asking for... The answer is no, counsel.
320
00:20:08,420 --> 00:20:10,100
You said you'd be willing to hear from
Troy?
321
00:20:11,360 --> 00:20:13,660
Briefly. Let us do that, then. Hold on.
322
00:20:13,960 --> 00:20:17,580
Give us a short break to talk it over. I
don't need to talk that over. Eugene.
323
00:20:19,960 --> 00:20:20,960
A short break.
324
00:20:24,520 --> 00:20:27,580
It's insane to let him talk. We'd be
offering up free discovery.
325
00:20:27,900 --> 00:20:31,460
That's why they're willing to hear from
him. We might as well gift wrap the
326
00:20:31,460 --> 00:20:34,300
conviction. Eugene, you need to work on
your tone.
327
00:20:36,480 --> 00:20:38,960
And normally I would agree, but here...
328
00:20:39,400 --> 00:20:44,400
The conviction is a done deal. He opened
fire on a crowded street in front of
329
00:20:44,400 --> 00:20:47,680
witnesses. The victim couldn't possibly
be more sympathetic, and his own
330
00:20:47,680 --> 00:20:50,640
statement to the police supplies motive
and intent.
331
00:20:52,800 --> 00:20:56,760
There's nothing to lose here, and it's
life to gain.
332
00:21:00,180 --> 00:21:03,020
This is a problem when you bring me in
on things, guys. I have opinions.
333
00:21:09,370 --> 00:21:10,369
Lindsay, hey.
334
00:21:10,370 --> 00:21:11,710
Hey. What's up?
335
00:21:12,190 --> 00:21:17,690
Nothing. I just thought I'd, um... Say
hi.
336
00:21:19,630 --> 00:21:20,630
Oh.
337
00:21:22,190 --> 00:21:23,190
Hi.
338
00:21:23,450 --> 00:21:27,790
I just thought it'd be good to... check
in with each other during the day.
339
00:21:29,010 --> 00:21:30,010
Oh.
340
00:21:30,890 --> 00:21:31,890
Good idea.
341
00:21:35,390 --> 00:21:36,390
You know...
342
00:21:36,910 --> 00:21:41,530
I try to come in and connect and you
give back nothing, Lindsay.
343
00:21:41,970 --> 00:21:45,010
Can we talk about this at home? But we
don't talk at home.
344
00:21:45,210 --> 00:21:48,130
By the time we get Bobby to bed and...
345
00:21:48,130 --> 00:21:57,830
Dealing's
346
00:21:57,830 --> 00:21:59,050
the first thing I was ever good at.
347
00:22:00,190 --> 00:22:03,290
I never used and I never skimmed from
the bosses.
348
00:22:04,960 --> 00:22:06,540
I made more money than any other corner.
349
00:22:08,800 --> 00:22:10,780
I was so good at it, I started having
problems.
350
00:22:11,640 --> 00:22:12,640
What kind of problems?
351
00:22:13,880 --> 00:22:14,880
Competition problems.
352
00:22:15,900 --> 00:22:19,040
Some of the other dealers got word that
I was making big numbers, so they
353
00:22:19,040 --> 00:22:20,740
started coming around, giving me
trouble.
354
00:22:21,380 --> 00:22:24,820
So you thought your life was in danger?
No, I knew it was.
355
00:22:25,540 --> 00:22:27,200
I know these people, they don't play
around.
356
00:22:28,500 --> 00:22:30,500
So I called a friend, and he fixed me up
with a nine.
357
00:22:33,720 --> 00:22:34,720
Next day, I saw Willie.
358
00:22:36,740 --> 00:22:40,260
I swear, I never meant to kill that
lady.
359
00:22:40,840 --> 00:22:42,980
When I saw what happened, I couldn't
even breathe.
360
00:22:46,580 --> 00:22:47,580
I'm sorry.
361
00:22:50,760 --> 00:22:52,040
I don't know what else to say.
362
00:23:07,310 --> 00:23:09,190
You've been a drug dealer for the last
four years?
363
00:23:10,670 --> 00:23:14,670
Yes. You've been arrested more than a
dozen times. Well, the fact that he was
364
00:23:14,670 --> 00:23:16,190
arrested doesn't prove he did anything.
365
00:23:16,490 --> 00:23:20,090
It proves your client's a career
criminal, Mr. Young. He started at
366
00:23:20,210 --> 00:23:22,510
then escalated to sale, and now he's
graduated to murder.
367
00:23:22,750 --> 00:23:26,330
That was an accident. Yes, you killed
the wrong person. I understand. You were
368
00:23:26,330 --> 00:23:27,710
trying to kill somebody else.
369
00:23:27,910 --> 00:23:29,910
No, but I already told you that I didn't
have a choice.
370
00:23:30,250 --> 00:23:32,970
It seems to me you had a choice to walk
away from that corner.
371
00:23:33,690 --> 00:23:35,490
If you were worried about your safety...
372
00:23:36,010 --> 00:23:37,010
Why didn't you quit?
373
00:23:45,330 --> 00:23:46,330
I don't know.
374
00:23:48,510 --> 00:23:49,510
Look.
375
00:23:52,030 --> 00:23:54,190
Mr. Young told me I need to be honest.
376
00:23:55,170 --> 00:23:56,170
And I'm doing that.
377
00:23:58,130 --> 00:23:59,130
I'm guilty.
378
00:24:01,590 --> 00:24:04,230
I killed that woman and it was wrong.
379
00:24:08,490 --> 00:24:10,750
I know I got no excuses. I chose my
life.
380
00:24:13,330 --> 00:24:17,830
But I don't think that it's unfair to
say that I didn't get a lot of breaks in
381
00:24:17,830 --> 00:24:18,830
my life.
382
00:24:20,890 --> 00:24:22,370
It was hard growing up.
383
00:24:24,210 --> 00:24:25,310
It was hard ever since.
384
00:24:26,550 --> 00:24:28,070
I'm 19 years old.
385
00:24:31,490 --> 00:24:33,650
I know that I made a lot of mistakes.
386
00:24:35,030 --> 00:24:36,730
And I know I got to pay for what I did.
387
00:24:39,080 --> 00:24:41,040
But I just don't think I should have to
die for it.
388
00:24:44,360 --> 00:24:45,920
Yeah, maybe I got no right to say that.
389
00:24:49,260 --> 00:24:55,480
I'm just asking you... I'm just asking
you to... I'm just asking you to give me
390
00:24:55,480 --> 00:24:56,480
a chance.
391
00:25:19,310 --> 00:25:20,470
Hey, what's Bobby up to?
392
00:25:21,390 --> 00:25:22,390
Why are you asking me?
393
00:25:22,670 --> 00:25:27,530
I mean, what makes you think he's even
up to something? I mean, I haven't
394
00:25:27,530 --> 00:25:31,150
noticed him being up to something.
Anybody here think Bobby's up to
395
00:25:32,490 --> 00:25:33,490
See? Nobody.
396
00:25:35,410 --> 00:25:36,450
Is he here?
397
00:25:36,810 --> 00:25:38,790
He's in his office, but I don't think
he's up to anything.
398
00:25:54,950 --> 00:25:57,970
Listen, I know you're trying to make an
effort.
399
00:25:59,990 --> 00:26:05,030
And, um, it's been months, you know,
and... Lindsay,
400
00:26:05,170 --> 00:26:08,690
you're not in love with me.
401
00:26:10,230 --> 00:26:11,230
You can say it.
402
00:26:12,770 --> 00:26:15,330
I love you, Bobby.
403
00:26:18,770 --> 00:26:22,530
But, I don't know, it just, it seems
with...
404
00:26:23,760 --> 00:26:30,180
With everything that I've been through,
I guess I feel a little emotionally
405
00:26:30,180 --> 00:26:33,980
depleted. And what little I have, I give
to our son.
406
00:26:34,400 --> 00:26:40,340
And it seems I have nothing left.
407
00:26:44,240 --> 00:26:46,600
You said that in starting your own firm.
408
00:26:49,800 --> 00:26:51,420
You were beginning a process.
409
00:26:54,410 --> 00:26:55,410
Of leaving me.
410
00:26:59,050 --> 00:27:00,350
Where are you in that process?
411
00:27:05,190 --> 00:27:06,290
I want us to make it.
412
00:27:08,350 --> 00:27:10,250
I so desperately want us to make it.
413
00:27:20,840 --> 00:27:24,460
Personally, I'm tired of the smug
morality of death penalty opponents.
414
00:27:25,220 --> 00:27:27,260
It's easy to be for life.
415
00:27:28,020 --> 00:27:30,720
What's tough is to stand for what's
right.
416
00:27:31,340 --> 00:27:36,140
What's hard is to do the dirty work of
dealing with those who have no regard
417
00:27:36,140 --> 00:27:37,140
the lives of others.
418
00:27:37,580 --> 00:27:39,700
We blame poverty for their crimes.
419
00:27:39,920 --> 00:27:42,840
The fact that their parents didn't love
them enough. The media.
420
00:27:43,180 --> 00:27:44,380
We even blame ourselves.
421
00:27:45,520 --> 00:27:49,020
We've become so weak and morally
uncertain.
422
00:27:50,060 --> 00:27:54,080
That we can't even come together to
punish those who kill us.
423
00:27:55,940 --> 00:27:58,820
Today, I stand for the silent dead.
424
00:28:00,340 --> 00:28:01,940
Lauren Hayes can't speak for herself.
425
00:28:02,780 --> 00:28:04,360
But her blood cries out.
426
00:28:04,760 --> 00:28:07,380
Do justice to Troy Ezekiel.
427
00:28:08,180 --> 00:28:14,260
He took her life, her future, all that
she was or will ever be. And he took
428
00:28:14,260 --> 00:28:15,260
more than that.
429
00:28:16,260 --> 00:28:17,980
He took her son's futures.
430
00:28:19,280 --> 00:28:23,920
He sentenced them to a life of foster
homes and uncertainty and pain.
431
00:28:25,280 --> 00:28:30,320
Make no mistake, there was more than one
victim there. Those boys are victims
432
00:28:30,320 --> 00:28:31,320
too.
433
00:28:32,040 --> 00:28:33,760
Like me, you men are prosecutors.
434
00:28:35,380 --> 00:28:37,620
Our duty is to protect society.
435
00:28:39,600 --> 00:28:46,040
Executing Troy Ezekiel will affirm that
we as a people are prepared to bear any
436
00:28:46,040 --> 00:28:47,040
ethical burden.
437
00:28:47,210 --> 00:28:51,830
And bear any moral cost to defend our
citizens and our way of life.
438
00:28:53,310 --> 00:28:54,490
God help us.
439
00:28:56,050 --> 00:28:58,150
If we're not strong enough to do that
anymore.
440
00:29:07,650 --> 00:29:11,090
Up until now, you've heard mainly from
Eugene Young.
441
00:29:12,050 --> 00:29:13,590
I'd like you to hear from me now.
442
00:29:15,450 --> 00:29:18,090
Personally... I've always been pro
-death penalty.
443
00:29:18,670 --> 00:29:21,410
In the last few years, I've switched.
444
00:29:22,310 --> 00:29:28,930
Mainly on grounds of humanity, but also
on grounds... the
445
00:29:28,930 --> 00:29:32,430
reality that the system is so
fundamentally flawed.
446
00:29:33,470 --> 00:29:37,310
More than a hundred death row inmates
have been cleared and released.
447
00:29:38,090 --> 00:29:40,810
Who knows how many innocent people we've
killed?
448
00:29:41,110 --> 00:29:44,510
Mr. Berluti, for the sake of this
hearing, we assume guilt.
449
00:29:45,180 --> 00:29:49,700
And even if we didn't, are you really
suggesting to us that Troy Ezekiel is
450
00:29:49,700 --> 00:29:54,340
innocent? I'm suggesting to you that the
system of capital punishment is broken.
451
00:29:54,960 --> 00:29:57,560
How people get on death row is suspect.
452
00:29:58,060 --> 00:29:59,520
And it's suspect here.
453
00:29:59,940 --> 00:30:00,940
How so?
454
00:30:01,920 --> 00:30:03,420
This is politics.
455
00:30:04,320 --> 00:30:09,080
The fact is, if we had a Democrat in the
White House, none of us would be here
456
00:30:09,080 --> 00:30:10,980
today. Not on these facts.
457
00:30:11,820 --> 00:30:13,560
Especially in a state that...
458
00:30:13,760 --> 00:30:14,940
doesn't have the death penalty.
459
00:30:15,560 --> 00:30:19,980
But now, under this administration, we
do it all the time.
460
00:30:20,500 --> 00:30:25,720
We've sought more executions in the last
six months than Bill Clinton did in the
461
00:30:25,720 --> 00:30:27,120
last eight years.
462
00:30:27,860 --> 00:30:32,660
What kind of system allows that to
happen, where the same crime, the same
463
00:30:32,660 --> 00:30:37,080
criminal, is treated differently based
on who's in office?
464
00:30:37,380 --> 00:30:41,840
I'd advise you to excise the Political
Commentary Council and just stick to
465
00:30:41,840 --> 00:30:42,840
Ezekiel.
466
00:30:43,560 --> 00:30:47,100
The death penalty is the greatest
punishment we have.
467
00:30:47,660 --> 00:30:50,740
It's reserved for the most vicious
criminals.
468
00:30:51,220 --> 00:30:54,660
It's the remedy we use for the worst of
the worst.
469
00:30:56,140 --> 00:30:58,380
That's not Troy Ezekiel.
470
00:30:59,260 --> 00:31:00,320
And you know it.
471
00:31:01,620 --> 00:31:03,140
He needs to be punished.
472
00:31:03,380 --> 00:31:04,580
He's ready for that.
473
00:31:04,800 --> 00:31:06,540
That's why we came here today.
474
00:31:07,060 --> 00:31:11,360
That's why Troy answered all your
questions and in the process guaranteed
475
00:31:11,360 --> 00:31:12,520
himself a conviction.
476
00:31:13,390 --> 00:31:19,110
He knows his life is in your hands The
477
00:31:19,110 --> 00:31:26,030
decision the five of you make today is
about much more than the fate of my
478
00:31:26,030 --> 00:31:32,730
client It's about the character of this
committee It's about the integrity
479
00:31:32,730 --> 00:31:34,490
of this system
480
00:31:34,490 --> 00:31:40,030
He's a boy
481
00:31:41,930 --> 00:31:47,410
You can't seek to kill him and tell me
politics isn't in play.
482
00:32:08,310 --> 00:32:10,390
How long you think before we hear
something?
483
00:32:11,880 --> 00:32:12,879
I don't know.
484
00:32:12,880 --> 00:32:13,880
Jimmy's checking.
485
00:32:14,560 --> 00:32:15,740
Well before an answer today.
486
00:32:20,220 --> 00:32:21,220
Thank you.
487
00:32:23,840 --> 00:32:30,720
I know you don't like me much, but... I
just
488
00:32:30,720 --> 00:32:37,560
want to say thank you for... You
489
00:32:37,560 --> 00:32:38,560
like being a lawyer?
490
00:32:40,970 --> 00:32:41,970
For the most part.
491
00:32:42,990 --> 00:32:44,110
You seem good at it.
492
00:32:45,390 --> 00:32:46,390
Thank you.
493
00:32:48,570 --> 00:32:49,610
How long does it take?
494
00:32:51,050 --> 00:32:52,050
Sorry?
495
00:32:52,190 --> 00:32:53,190
Law school.
496
00:32:53,510 --> 00:32:56,610
Four years of college, but how many
years for law school?
497
00:32:57,790 --> 00:32:58,790
Three.
498
00:33:00,570 --> 00:33:01,570
Seven years.
499
00:33:04,350 --> 00:33:05,750
I've been thinking of doing it.
500
00:33:08,390 --> 00:33:09,910
I think I want to be a public defender.
501
00:33:11,530 --> 00:33:12,530
You ever do that?
502
00:33:15,470 --> 00:33:18,030
No. That's what I think I want to do,
help people.
503
00:33:21,170 --> 00:33:22,170
That's what I'm going to do.
504
00:33:29,390 --> 00:33:30,390
They called us back.
505
00:33:47,660 --> 00:33:52,700
The defendant's youth is a relatively
short criminal history, and his family
506
00:33:52,700 --> 00:33:57,780
circumstances are mitigating factors
that certainly support us pursuing a
507
00:33:57,780 --> 00:33:58,780
sentence than death.
508
00:33:59,900 --> 00:34:02,940
However, the reckless nature of the
crime,
509
00:34:03,720 --> 00:34:08,920
the fact it furthered drug trafficking,
its commission so close to a school, the
510
00:34:08,920 --> 00:34:13,420
enormous impact it had on the victim's
family, these aggravating facts also
511
00:34:13,420 --> 00:34:16,100
support us filing death papers and
seeking to execute him.
512
00:34:18,670 --> 00:34:25,389
Based on today's presentation, the
committee has voted in this case to seek
513
00:34:25,389 --> 00:34:26,830
without possibility of parole.
514
00:34:27,969 --> 00:34:32,210
Heinous as this crime was, we feel this
criminal does not deserve to pay the
515
00:34:32,210 --> 00:34:33,210
ultimate price.
516
00:34:36,290 --> 00:34:37,690
The committee's work is done.
517
00:34:38,370 --> 00:34:39,370
We're adjourned.
518
00:34:44,889 --> 00:34:45,889
God bless you.
519
00:34:46,550 --> 00:34:47,590
For your mercy.
520
00:34:48,449 --> 00:34:49,850
God bless each one of you.
521
00:35:01,130 --> 00:35:02,230
I almost cried.
522
00:35:03,650 --> 00:35:07,770
I sat in on so many of those committees
from the other side, but this time...
523
00:35:07,770 --> 00:35:14,770
I just took off all my clothes and began
to sing as loud as
524
00:35:14,770 --> 00:35:15,770
I could.
525
00:35:18,000 --> 00:35:20,840
Then I jumped up on the table and began
a tap dance naked.
526
00:35:23,940 --> 00:35:26,800
So how did you and Lindsay become so
disconnected?
527
00:35:27,120 --> 00:35:28,840
You're such a profound listener.
528
00:35:30,300 --> 00:35:35,720
Sorry. I was a little... What were you
thinking about?
529
00:35:37,640 --> 00:35:39,360
I never thought I'd ever have an affair.
530
00:35:43,460 --> 00:35:44,900
And here I am having one.
531
00:35:48,360 --> 00:35:49,380
We're having dinner, like you say.
532
00:35:50,620 --> 00:35:51,620
Innocent.
533
00:35:52,140 --> 00:35:57,460
Whether I kiss you or sleep with you,
that only changes the degree, Sarah.
534
00:36:00,040 --> 00:36:02,400
I'm having dinner with a woman I'm
attracted to.
535
00:36:05,460 --> 00:36:08,600
Oh, Bobby, I've committed to the simple
friendship theory. Why can't you?
536
00:36:08,800 --> 00:36:09,800
Oh, come on.
537
00:36:09,960 --> 00:36:12,140
You're here in the spirit of simple
friendship.
538
00:36:12,340 --> 00:36:13,340
Why not?
539
00:36:15,720 --> 00:36:18,700
The truth is I don't have that many
friends anymore. I moved off to D .C.
540
00:36:18,700 --> 00:36:19,700
now I'm back.
541
00:36:20,860 --> 00:36:22,020
Most of my friends have settled.
542
00:36:22,620 --> 00:36:23,620
They have families.
543
00:36:25,480 --> 00:36:28,040
I don't even have a close girlfriend
that I can call up and say, gee, I'm
544
00:36:28,040 --> 00:36:29,640
falling for this great guy, but he's
married.
545
00:36:32,680 --> 00:36:33,880
Scary stuff like that.
546
00:36:45,100 --> 00:36:46,140
to have somebody to talk to.
547
00:37:19,850 --> 00:37:20,850
When did this come in?
548
00:37:21,190 --> 00:37:22,190
Just now.
549
00:37:22,450 --> 00:37:23,450
What happened?
550
00:37:24,150 --> 00:37:26,730
The Attorney General rejected the
committee's recommendation.
551
00:37:27,670 --> 00:37:28,670
What?
552
00:37:29,210 --> 00:37:32,890
Under orders of the Office of the
Attorney General, the United States
553
00:37:32,890 --> 00:37:38,650
Office has filed a motion to seek the
execution of your client, Troy Ezekiel.
554
00:37:38,650 --> 00:37:40,090
can just overrule the committee?
555
00:37:40,630 --> 00:37:41,630
Here he is.
556
00:37:42,150 --> 00:37:43,510
Talking about our case?
557
00:37:43,790 --> 00:37:46,970
No, just the death penalty in general.
The United States Congress speaks.
558
00:37:47,670 --> 00:37:51,210
They speak the voice of the people of
this country, and it's clear that
559
00:37:51,210 --> 00:37:55,890
is so concerned about the safety and
security of its citizens that certain
560
00:37:55,890 --> 00:38:00,030
crimes against the people of this
country have been designated as death
561
00:38:00,030 --> 00:38:03,130
by the Congress of the United States,
signed into law by presidents.
562
00:38:20,479 --> 00:38:21,920
I wanted you to stop it.
563
00:38:22,860 --> 00:38:26,160
I wouldn't have had the discipline and
the common sense in the end, so I'm
564
00:38:28,800 --> 00:38:32,500
I agree. It's best if we stop now before
it does get too dangerous.
565
00:38:39,340 --> 00:38:40,820
Excuse me, where the hell is my car?
566
00:38:41,180 --> 00:38:42,180
It's coming.
567
00:38:42,320 --> 00:38:43,880
It's just really important that I get
out of here.
44970
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