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When you say you have feelings for her,
are you
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in love with her?
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No.
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Not at all.
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But I might see her again.
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And I didn't want you to hear it at the
office.
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I thought it should come from me.
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Have you two slept together?
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Look, I don't think it's a good idea for
us to talk about.
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What are we talking about, then?
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Lindsay, whatever our future will be, if
we stop communicating... Can I stop you
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for a second?
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You and I have no future.
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I appreciate you taking me off the hook
here.
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I was beginning to feel like the bad
guy, but now I don't. I can pursue what
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want with a much lighter heart.
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And what I want is a divorce.
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You might think I'm acting out of hurt
or pride.
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But this isn't that.
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I'm not speaking from wound, but rather
from a reflective and reasoned clarity.
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If you've never believed anything I've
told you, please believe this.
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I do not wish to live my life with you.
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Not now.
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Not a month from now.
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Not ever.
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They're divorcing?
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That's the word. Where'd you get this
word? From Bobby. He called in and said
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the papers got delivered, I can accept.
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They just separated.
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How? It's probably that slut's idea.
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Talking about me, Rebecca?
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You? No.
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I was talking about a different slut.
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Jimmy.
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I have some depositions scheduled today
on a negligence claim, but I'm not
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really up to doing them.
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If I get you up to speed, could you
cover for me?
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Sure.
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I'll get the file.
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She is nine months pregnant. Her due
date isn't until June 5th. This will be
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three -day trial.
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And what happens if she goes into labor
the first day? Is there a reason you
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don't want to wait a month, Mr. Young?
Of course there's a reason. He wants the
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jury to see a pregnant mother -to -be
instead of a murderer. He's probably
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instructed her to give birth during the
closing. Yes, thank you for that. Since
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I addressed my question to Mr. Young,
maybe we could let him answer.
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For the record, I advise my client to
postpone. She doesn't want to. She has a
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right to a speedy trial, and that's what
she wants.
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Mrs. Nielsen, why?
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I want to put this trial behind me, Your
Honor.
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When I have my baby, I want everything
else over.
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What about the stress?
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This is not traffic court. You are being
charged with first -degree murder.
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Your own doctor is saying, let's wait.
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Well, I'm of sound mind, so any medical
decision would be mine.
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And it's your choice to go forward now?
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Yes, Your Honor.
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I want this ordeal over with.
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Okay, then.
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Let's bring in the jury.
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Jimmy Berluti?
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Claire. He isn't even in this firm.
Please don't start with me now. I'm just
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saying. You're upset that I didn't let
you run with it. I understand.
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I'd like to know why.
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00:04:54,360 --> 00:04:55,620
You're too green, okay?
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00:04:56,320 --> 00:04:59,520
The case could turn on these
depositions, and it could be malpractice
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vest it with an attorney just out of law
school.
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And if that hurts, well, hurt happens.
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Just give Jimmy whatever backup he
needs, and if you need to reach me, I'll
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at Nancy Decker's office.
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Nancy Decker, the divorce lawyer?
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Yes.
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Miss Dole. I'm sorry, I can't talk now.
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Don't we have a meeting?
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I'll be handling it.
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00:05:26,510 --> 00:05:28,190
Hi, Virginia. How are you today?
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Don't we have deposition?
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Yes, I'll be doing them.
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You? What happened to Lindsay?
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Miss Carter, everything's in good hands.
You need not worry.
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We also have Jimmy Berluti, another
attorney, joining us for the deposition.
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we are in excellent shape.
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At the time I arrived, the uniformed
officers already had the defendant in
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custody. Could you tell the jury your
observations of the scene, detective?
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There was blood spattered everywhere.
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The ceiling, the walls, on the toaster.
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00:06:01,710 --> 00:06:06,030
Did the spatter pattern suggest anything
to you? The victim was shot at point
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-blank range six times.
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Several of those shots were fired after
the victim was on the ground.
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00:06:11,230 --> 00:06:15,290
Helpless. Did you have an opportunity to
speak with the defendant, Carrie
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00:06:15,290 --> 00:06:16,430
Nielsen? Yes.
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00:06:17,000 --> 00:06:20,580
She confessed to the shooting as she had
on the 911 tape. And what was her
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demeanor as she confessed this crime to
you?
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Calm, detached, without remorse.
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This was not a woman in distress.
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00:06:30,140 --> 00:06:32,640
Did she say why she shot her husband?
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She said he was physically abusive and
she was concerned for the health of her
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unborn child.
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In fact, she said she was afraid her
husband would kill.
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The child.
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Objection to the word child.
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At the time of the shooting, this was a
two -month fetus, not a child. I asked
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the witness what the defendant said. The
word she used was child.
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Was it not, detective?
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Yes. The objection is overruled. The six
shots, they were fired from an
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automatic and rapid succession. Isn't
that right?
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They appear to have been, yes.
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Within two to three seconds?
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Probably. And, Detective, have you ever
encountered a situation in which a
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person under attack keeps shooting even
after the attack is over?
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Yes. So it's possible my client fired
off the first shot or two in defense of
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her unborn child and just kept squeezing
the trigger while still in shock.
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That's possible, isn't it, Detective?
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Anything's possible, Counsel.
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If at any time you get confused, you
just tell me, okay, Virginia?
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Okay. You understand I represent White
Oaks, the apartment complex where you
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live, right?
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Yes. Did your lawyers tell you I'd be
against you?
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Yeah. Well, I'll try not to be a big
meanie.
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Really, I just want to find out what
happened.
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Now, this happened at a party, right?
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Yeah. We were having a birthday party.
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Your birthday?
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Yeah. How old?
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Ten. Ten?
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Wow. That's a big one. I bet you were
really excited.
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Yeah. Know how old I am?
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A hundred.
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00:08:13,920 --> 00:08:16,860
Some of the guests said you were jumping
on the balcony.
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Is that right?
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Yes. And were you also jumping against
the rail, Virginia?
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It just broke.
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You must have been so scared.
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I was.
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Do you remember where your mom was when
you fell?
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I think in the kitchen.
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First of all, I'm not a divorce lawyer,
Bobby. That's a whole different breed of
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bug. And second, even if I were, I'm a
little too close. It's not going to be
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complicated or even contested. I just
want to get it done.
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Speaking professionally, I don't think
that's a sound approach.
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And speaking personally, I'm offended by
it.
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You have a son.
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You both have a duty to explore
reconciliation. How could you possibly
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prioritize expediency over... I'm not
asking you to interfere with my life,
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Eleanor. I am in your life, Bobby. So is
Rebecca, so is everybody else in this
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office. Whether you want us in is beside
the point. I don't. Well, we are.
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And as your friend, as a parent myself,
I am telling you...
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Go get your hands dirty in therapy
before... It's her, okay?
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Lindsay's mind is made up. She's
immovable.
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Given that, the best way to spare my son
is to get it done.
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Is there going to be a custody issue?
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No. She's taking him weekdays, I get him
weekends.
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There's no rule that has to be messy,
you know.
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There's got to be a rule against it
being simple.
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I can't believe you have a murder trial.
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Me neither.
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Is there a reason you're on this?
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I know you're good, but still, a year
out of law school? I think Eugene wanted
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woman on board since there are implied
Roe v. Wade issues running through this.
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Roe v. Wade? The fetus wasn't viable at
the time of the shooting.
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We're arguing defense of others, so...
Is that a problem for you? I mean, being
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a pro -choice woman?
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Not really. Plus... Plus what?
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00:10:41,040 --> 00:10:42,440
I love working with Eugene.
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He's so far and away the best lawyer in
this firm. I'm afraid of him. I said hi
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once and he kind of grunted.
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Do you think it'd be incredibly
inappropriate if I asked him out?
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00:11:00,100 --> 00:11:05,100
Yes. Hello? Well, he's never going to
ask me out. He's too principled.
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00:11:05,320 --> 00:11:10,520
Which means, if we were to ever date,
I'd have to make the move.
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Claire.
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We're set?
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I'm ready.
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You prepped this woman, right?
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She's prepped. She's ready.
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Let's go.
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It isn't really true, though, is it?
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What? That it's Lindsay's doing.
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You orchestrated it, don't you think?
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I didn't orchestrate her falling out of
love with me. Fair enough.
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00:11:36,300 --> 00:11:38,100
Wives do that with husbands all the
time.
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But they don't leave when there are
children involved.
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Unless pushed.
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And I pushed her.
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You kissed me, you slept with me.
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One could argue that you traded on her
self -respect and manipulated things.
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you my therapist now?
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00:11:55,390 --> 00:11:56,390
No, I'm the mistress.
188
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Or maybe I'm just the device that helps
you end your marriage.
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All right, this is crazy. Let's
postpone.
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00:12:08,910 --> 00:12:11,570
No. Carrie, you're in pain. The baby
could be in distress.
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00:12:12,550 --> 00:12:13,550
Is he?
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00:12:13,630 --> 00:12:15,470
I don't know, Carrie, but why take the
risk?
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I don't want to give birth in custody.
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They'll just take him away from me.
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I want the trial over.
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00:12:22,210 --> 00:12:23,710
I want to have him on the outside.
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00:12:25,280 --> 00:12:31,760
Carrie, we could lose. In which case,
you'll probably get more vegetation in
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jail than you could in prison.
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00:12:36,460 --> 00:12:38,400
These are just contractions, like you
said.
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I want to keep going.
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00:12:42,280 --> 00:12:47,160
I want to have my baby in a real
hospital, not in a jail.
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00:12:51,050 --> 00:12:55,310
My kitchen has a window so I could see
her. I understand, but my question was,
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do you think it was safe for her to play
on the second -story balcony?
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I assume the balcony was safe.
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00:13:01,570 --> 00:13:04,290
It never previously struck you as
unsafe, did it?
206
00:13:04,610 --> 00:13:08,730
No. And you never called the White Oaks
management company about the railing
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00:13:08,730 --> 00:13:10,310
outside your apartment, did you?
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00:13:10,950 --> 00:13:15,130
No. How many times a day would you say
you looked at that railing?
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00:13:15,770 --> 00:13:18,970
I don't have time to sit around and look
at a railing. I know, but how many
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times a day, on average, do you think
you see it?
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00:13:21,870 --> 00:13:22,869
A dozen?
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00:13:22,870 --> 00:13:23,849
Two dozen?
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00:13:23,850 --> 00:13:24,850
Maybe ten.
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00:13:24,910 --> 00:13:27,390
If you count the times, I see it from
inside the kitchen.
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00:13:27,630 --> 00:13:31,490
Okay, so you looked at this railing
approximately ten times a day. Would
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fair?
217
00:13:32,870 --> 00:13:36,250
Yeah. And how long did you live in this
apartment before the accident?
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About four years.
219
00:13:37,990 --> 00:13:38,990
Okay.
220
00:13:39,310 --> 00:13:46,280
365 times four makes... 1 ,460 days. If
you look 10 times a
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day for four years, assuming my math is
correct, you looked at that railing
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roughly 14 ,600 times before the
accident.
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00:13:55,380 --> 00:13:59,020
And not once did you notice anything was
wrong with it. Isn't that right?
224
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What the hell was all that about?
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00:14:04,000 --> 00:14:07,760
Four times 365 times 10, what's that got
to do with anything?
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00:14:08,520 --> 00:14:09,720
Here's our problem.
227
00:14:10,700 --> 00:14:14,780
The defendant isn't really negligent for
not fixing the railing if they had no
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00:14:14,780 --> 00:14:16,020
way of knowing it was broken.
229
00:14:16,280 --> 00:14:19,900
What are you talking about? They have an
ongoing duty to inspect and repair.
230
00:14:20,340 --> 00:14:24,860
Yes, and the file is full of maintenance
reports that say they did exactly that.
231
00:14:25,080 --> 00:14:29,260
Not one report says the railing was
loose or broken. And now they've got
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testimony that you've never noticed
anything wrong either.
233
00:14:32,060 --> 00:14:35,460
But the way Virginia fell, the railing
had to be broken.
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00:14:35,720 --> 00:14:37,420
We have to be able to prove that.
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00:14:37,620 --> 00:14:39,840
It's their building, for God's sake.
236
00:14:41,130 --> 00:14:46,370
Naomi, look, this is going to be a very
tough case to win.
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00:14:46,950 --> 00:14:50,910
My suggestion would be, let me see if I
can get something.
238
00:14:51,250 --> 00:14:53,270
By something, you mean how much?
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00:14:54,150 --> 00:14:59,210
If we can get, say, 50 ,000, we should
think about it.
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00:15:01,670 --> 00:15:07,490
My daughter will be in a wheelchair for
the rest of her life.
241
00:15:09,040 --> 00:15:12,400
For that, we're supposed to accept $50
,000?
242
00:15:13,400 --> 00:15:17,500
The damages to your daughter are
obviously immeasurable.
243
00:15:18,820 --> 00:15:23,600
Unfortunately, I don't know if we can
prove what we need to prove.
244
00:15:24,920 --> 00:15:26,320
I don't believe this.
245
00:15:28,700 --> 00:15:31,300
My daughter can't walk.
246
00:15:43,150 --> 00:15:47,490
They fought a lot, but it escalated
dramatically after she got pregnant.
247
00:15:47,750 --> 00:15:49,690
By fought, you mean? A lot of screaming.
248
00:15:49,970 --> 00:15:52,690
But it got physical, too. I could hear
it right through the walls.
249
00:15:53,030 --> 00:15:57,210
And, Mr. Gore, you live in the apartment
next to Mrs. Nielsen and the victim?
250
00:15:57,530 --> 00:16:02,010
Correct. And, Mr. Gore, were you able to
hear the substance of their arguments?
251
00:16:02,530 --> 00:16:04,810
Typically, no, because I really didn't
care to.
252
00:16:05,010 --> 00:16:06,510
I turned my television up.
253
00:16:06,970 --> 00:16:10,810
But I did specifically hear him
screaming that he didn't want her to
254
00:16:11,430 --> 00:16:12,430
Presumably, the baby.
255
00:16:12,910 --> 00:16:17,570
I also specifically heard her on more
than one occasion screaming at him that
256
00:16:17,570 --> 00:16:18,529
was hurting her.
257
00:16:18,530 --> 00:16:20,350
Did you ever do anything yourself?
258
00:16:20,810 --> 00:16:22,450
I intervened when I thought he was
hurting her.
259
00:16:23,130 --> 00:16:26,730
When he wasn't around, I tried another
form of intervention, which was trying
260
00:16:26,730 --> 00:16:28,010
persuade her to leave the man.
261
00:16:28,350 --> 00:16:29,950
Did you ever call the police?
262
00:16:30,330 --> 00:16:31,910
I called them the night I heard the
shots.
263
00:16:32,330 --> 00:16:35,550
And I called them once before when I
thought he was physically attacking her.
264
00:16:36,870 --> 00:16:40,890
According to your statement to the
police, you either intervened or called
265
00:16:40,890 --> 00:16:45,270
police every time you heard sounds of
physical abuse or intense screaming.
266
00:16:45,570 --> 00:16:46,630
Was that your statement?
267
00:16:47,010 --> 00:16:48,009
Yes, it was.
268
00:16:48,010 --> 00:16:49,010
And it's true?
269
00:16:49,410 --> 00:16:54,170
Yes, it is. Well, on the night of Mr.
Nielsen's death, you neither intervened
270
00:16:54,170 --> 00:16:57,310
nor called the police prior to the
shooting. Is that correct?
271
00:16:57,950 --> 00:17:03,050
Yes. So one could conclude then that
there were no sounds of fighting before
272
00:17:03,050 --> 00:17:04,050
gun was fired.
273
00:17:06,250 --> 00:17:07,189
I don't know.
274
00:17:07,190 --> 00:17:08,410
Well, you didn't hear them.
275
00:17:08,790 --> 00:17:13,310
I can't say that I did, but I was in
shock myself. It's possible I just don't
276
00:17:13,310 --> 00:17:14,310
remember.
277
00:17:19,390 --> 00:17:20,530
Eleanor. Hi.
278
00:17:21,630 --> 00:17:22,630
Hey.
279
00:17:27,810 --> 00:17:29,150
Looks like somebody's leaving.
280
00:17:32,050 --> 00:17:33,810
Lindsay, this is none of my business.
281
00:17:35,210 --> 00:17:36,690
I couldn't agree with you more.
282
00:17:37,570 --> 00:17:38,570
All right, look.
283
00:17:40,010 --> 00:17:41,010
Cards on the table?
284
00:17:43,230 --> 00:17:44,230
I love you.
285
00:17:44,870 --> 00:17:46,010
And I love Bobby.
286
00:17:46,830 --> 00:17:50,010
And I suppose I have an emotional
investment in this marriage.
287
00:17:51,590 --> 00:17:55,110
I think you're being far, far too
draconian here.
288
00:17:56,270 --> 00:17:57,450
You have a son.
289
00:17:58,490 --> 00:18:01,770
And as angry as you may be with Bobby,
and I don't blame you, by the way.
290
00:18:02,920 --> 00:18:07,640
You have to realize that the hatred you
feel comes from betrayal and that the
291
00:18:07,640 --> 00:18:09,460
foundation of betrayal is love.
292
00:18:12,400 --> 00:18:16,700
There is no good reason to rush this.
293
00:18:17,600 --> 00:18:19,300
Let some time pass.
294
00:18:20,040 --> 00:18:22,820
Give your emotions some time to settle.
295
00:18:24,680 --> 00:18:28,360
Lindsay, you have a son.
296
00:18:30,220 --> 00:18:31,560
Can you sit for a second?
297
00:18:41,130 --> 00:18:45,210
Last week I sat in a church grieving for
a serial killer.
298
00:18:46,750 --> 00:18:48,690
A sick man who killed innocent people.
299
00:18:50,090 --> 00:18:52,290
I mourned his loss, Eleanor.
300
00:18:55,410 --> 00:18:58,630
But the thing that struck me sitting in
that church was that I was mourning.
301
00:19:00,430 --> 00:19:01,430
I was feeling.
302
00:19:02,670 --> 00:19:06,990
It's something I haven't done for a
long, long time.
303
00:19:10,060 --> 00:19:11,680
You said, let my emotions settle.
304
00:19:14,020 --> 00:19:17,660
My problem is, I've had no emotions.
305
00:19:19,800 --> 00:19:21,260
I've been going dead with Bobby.
306
00:19:22,900 --> 00:19:25,040
With every day, I grow a little more
dead.
307
00:19:26,220 --> 00:19:28,760
And that's where my son is becoming most
victimized.
308
00:19:30,980 --> 00:19:33,380
His mother is becoming emotionally
deadened.
309
00:19:37,020 --> 00:19:38,680
I wish I would feel hatred.
310
00:19:39,389 --> 00:19:40,870
or anger towards Bobby.
311
00:19:42,510 --> 00:19:43,510
But I feel neither.
312
00:19:47,050 --> 00:19:48,050
I don't love him.
313
00:19:48,830 --> 00:19:49,830
I don't hate him.
314
00:19:51,430 --> 00:19:53,110
I'm not sure if I really even like him.
315
00:19:54,630 --> 00:20:00,750
But what I am sure of is that for me to
have any chance of resuming some
316
00:20:00,750 --> 00:20:05,610
emotional life, I have to get away from
him.
317
00:20:08,360 --> 00:20:09,360
And that's what I'm doing.
318
00:20:18,000 --> 00:20:20,100
I'm not so convinced we should call her.
319
00:20:20,480 --> 00:20:22,260
Carrie? How can we not?
320
00:20:23,220 --> 00:20:26,400
Well, the neighbor's testimony went so
well, Carrie could just throw that all
321
00:20:26,400 --> 00:20:29,080
away. But our whole case turns on jury
sympathy.
322
00:20:29,320 --> 00:20:30,920
They have to get to know her.
323
00:20:31,980 --> 00:20:32,980
Maybe so.
324
00:20:39,489 --> 00:20:42,710
Eugene, can we talk for a second about
last week when I took the stand?
325
00:20:43,090 --> 00:20:44,090
What's there to talk about?
326
00:20:44,490 --> 00:20:48,030
Look, I know you weren't trying to do me
any favors, but why...
327
00:20:48,030 --> 00:20:54,870
Is there a reason you feel a need to
apologize if
328
00:20:54,870 --> 00:20:56,130
somebody salutes your compassion?
329
00:20:57,590 --> 00:20:58,670
I don't think I do that.
330
00:21:03,430 --> 00:21:04,510
Why do you grunt?
331
00:21:05,350 --> 00:21:06,350
I beg your pardon?
332
00:21:06,550 --> 00:21:08,230
Well, do you intimidate people by
design?
333
00:21:08,780 --> 00:21:12,940
Look, we have a case to work on here,
Jamie. So is there a reason for all
334
00:21:12,940 --> 00:21:15,500
questions? I'm just taking a personal
interest in you, that's all.
335
00:21:21,660 --> 00:21:28,160
Look, I know you wouldn't go out with me
in a million years, but I was
336
00:21:28,160 --> 00:21:34,900
wondering, after this trial, could we
maybe set our clock
337
00:21:34,900 --> 00:21:37,100
ahead a million years and go have
dinner?
338
00:21:44,520 --> 00:21:46,020
I don't think that would be a great
idea.
339
00:21:49,260 --> 00:21:50,260
Okay.
340
00:21:52,800 --> 00:21:55,040
Can we debate the merit of the idea over
dinner?
341
00:22:01,760 --> 00:22:02,820
Let's just get back to work.
342
00:22:26,320 --> 00:22:29,560
I've scheduled a settlement conference
for 9 o 'clock tomorrow morning.
343
00:22:30,320 --> 00:22:33,480
As I said, I'd be thrilled to get 50
under this fact pattern.
344
00:22:34,700 --> 00:22:35,700
Okay.
345
00:22:38,340 --> 00:22:43,240
May I ask, who was handling this case?
You or Lindsay?
346
00:22:43,980 --> 00:22:45,880
Well, I was pushing it uphill.
347
00:22:47,260 --> 00:22:49,260
Lindsay was planning to take the depots.
348
00:22:49,880 --> 00:22:50,880
Why?
349
00:22:51,740 --> 00:22:52,740
Can I be honest?
350
00:22:53,580 --> 00:22:54,580
Sure.
351
00:22:55,790 --> 00:22:58,910
I think a disservice was done to these
people.
352
00:22:59,850 --> 00:23:04,050
Revving the mother up, making her think
there'd be some big score. Her daughter
353
00:23:04,050 --> 00:23:05,050
is in a wheelchair.
354
00:23:05,170 --> 00:23:09,830
We hardly needed to rev her up. She was
obviously led to believe there's some
355
00:23:09,830 --> 00:23:10,830
pot of gold here.
356
00:23:11,050 --> 00:23:12,050
There should be.
357
00:23:12,210 --> 00:23:15,770
A girl is disabled. Yes, the damages are
there.
358
00:23:16,150 --> 00:23:18,090
That doesn't mean liability is.
359
00:23:18,470 --> 00:23:19,770
Whose side are you on?
360
00:23:22,290 --> 00:23:24,830
Claire, I know you don't want to hear
this.
361
00:23:25,930 --> 00:23:29,630
But public housing tenants make lousy
plaintiffs.
362
00:23:30,170 --> 00:23:33,150
For whatever reason, juries don't like
them.
363
00:23:33,550 --> 00:23:38,130
On top of that, you've got a defendant
knee -deep in HUD loans just trying to
364
00:23:38,130 --> 00:23:39,210
keep the place habitable.
365
00:23:39,990 --> 00:23:44,530
There's no pot of gold, and you did a
big disservice to the client to suggest
366
00:23:44,530 --> 00:23:45,530
otherwise.
367
00:23:46,830 --> 00:23:52,910
I know you're young and enthusiastic,
but I think you need to deal with your
368
00:23:52,910 --> 00:23:53,910
zeal.
369
00:23:54,190 --> 00:23:56,170
Sometimes it can cause harm.
370
00:24:01,230 --> 00:24:02,910
The meeting's at nine o 'clock.
371
00:24:09,510 --> 00:24:11,790
We'd been married just under four years.
372
00:24:12,090 --> 00:24:14,310
Happily, till about two years ago.
373
00:24:14,770 --> 00:24:17,090
He was having problems with his
partners.
374
00:24:17,690 --> 00:24:19,390
And he started drinking more.
375
00:24:19,970 --> 00:24:22,070
He started hitting me.
376
00:24:22,640 --> 00:24:23,840
He started hitting you.
377
00:24:24,520 --> 00:24:25,980
Over what period of time?
378
00:24:26,580 --> 00:24:28,720
Over a period of about six months.
379
00:24:29,940 --> 00:24:33,820
Then I got pregnant, and he promised to
stop drinking.
380
00:24:34,520 --> 00:24:35,520
Did he?
381
00:24:36,260 --> 00:24:37,260
For a while.
382
00:24:38,240 --> 00:24:40,160
Things kept getting worse at work.
383
00:24:40,540 --> 00:24:44,660
I couldn't have been easy to be around
in the first trimester of my first
384
00:24:44,660 --> 00:24:47,560
pregnancy. Can you tell us what happened
that night?
385
00:24:48,540 --> 00:24:49,580
He came home.
386
00:24:51,980 --> 00:24:52,980
He'd been drinking.
387
00:24:54,400 --> 00:24:58,980
And he said... He said he didn't want
me.
388
00:24:59,740 --> 00:25:01,080
And he didn't want the baby.
389
00:25:02,400 --> 00:25:04,880
That he was suffocating. That I'd ruined
everything.
390
00:25:05,480 --> 00:25:06,480
Did you argue?
391
00:25:07,240 --> 00:25:08,240
Not really.
392
00:25:09,100 --> 00:25:13,740
I began to respond when he just shoved
me and then he punched me.
393
00:25:14,220 --> 00:25:15,220
What did you do?
394
00:25:15,520 --> 00:25:16,880
I did what I always did.
395
00:25:17,760 --> 00:25:18,760
I took it.
396
00:25:19,780 --> 00:25:21,460
Tried not to make him any more angry.
397
00:25:22,200 --> 00:25:23,700
How did he react to that?
398
00:25:24,880 --> 00:25:28,480
He said something about getting it out
of me.
399
00:25:29,100 --> 00:25:33,300
And then he punched me and I fell to the
ground.
400
00:25:33,940 --> 00:25:34,940
Then what?
401
00:25:35,360 --> 00:25:39,760
I pulled the gun out of the cabinet
where we kept it.
402
00:25:40,040 --> 00:25:43,900
And I told him to stand back, that I
wouldn't let him hurt our baby.
403
00:25:44,780 --> 00:25:47,060
And then he lunged at me.
404
00:25:47,950 --> 00:25:49,450
Carrie, what did you do next?
405
00:25:50,270 --> 00:25:51,310
I shot him.
406
00:25:54,970 --> 00:26:01,790
It was as if my fingers, they just
convulsed on the trigger like it wasn't
407
00:26:01,790 --> 00:26:02,790
shooting.
408
00:26:05,070 --> 00:26:07,950
You say your husband beat you over a six
-month period.
409
00:26:08,250 --> 00:26:10,430
You never called the police any of those
times.
410
00:26:11,150 --> 00:26:15,770
I'm seeing a therapist about that now.
She says it's called battered women's
411
00:26:15,770 --> 00:26:18,330
syndrome. I see. Did you ever go to the
hospital?
412
00:26:19,010 --> 00:26:20,950
No. So you were never really injured?
413
00:26:21,230 --> 00:26:22,250
Oh, I had bruises.
414
00:26:22,710 --> 00:26:25,770
I was just too ashamed to... You never
went to a shelter either?
415
00:26:26,690 --> 00:26:30,890
No. With all these places you could go
to for help... Knowing something's there
416
00:26:30,890 --> 00:26:33,970
and being able to do something about it
are two different... But you did do
417
00:26:33,970 --> 00:26:35,170
something about it, didn't you, Carrie?
418
00:26:35,590 --> 00:26:39,750
You decided to put six bullets into your
husband rather than... Objection!
419
00:26:40,070 --> 00:26:42,950
Sustained! Does the name Robert Sheehan
mean anything to you?
420
00:26:45,490 --> 00:26:46,490
He's a lawyer.
421
00:26:46,530 --> 00:26:50,730
He's a divorce lawyer. You consulted
only one month before you killed your
422
00:26:50,730 --> 00:26:51,730
husband.
423
00:26:52,690 --> 00:26:57,550
I met with him once, but I didn't follow
through on it. Because he told you that
424
00:26:57,550 --> 00:27:01,410
since most of your husband's money was
held in trusts, you would get a lot more
425
00:27:01,410 --> 00:27:03,230
with him dead than if you divorced him.
426
00:27:03,590 --> 00:27:04,810
Objection! Sustained.
427
00:27:05,430 --> 00:27:06,750
Your husband have life insurance?
428
00:27:07,370 --> 00:27:13,050
Yes. It's a $500 ,000 policy with the
money going to you. You're aware of
429
00:27:13,090 --> 00:27:13,849
aren't you?
430
00:27:13,850 --> 00:27:14,890
I'm aware of it.
431
00:27:15,160 --> 00:27:18,960
You decided to trade in your alcoholic
husband for half a million dollars,
432
00:27:19,040 --> 00:27:23,180
didn't you, Mrs. Nielsen? I decided to
save the life of my baby, Mr. Kupchak.
433
00:27:23,540 --> 00:27:24,900
Oh, you were saving your baby?
434
00:27:25,360 --> 00:27:28,840
Yes. Not your own life, but your baby's?
435
00:27:29,620 --> 00:27:30,620
Yes.
436
00:27:31,300 --> 00:27:33,880
Mrs. Nielsen, have you ever had an
abortion?
437
00:27:34,560 --> 00:27:38,480
Objection! The defendant is clearly
saying that a two -month fetus is a
438
00:27:38,580 --> 00:27:41,080
I'd like to cross -examine her on that.
I'll allow it.
439
00:27:42,480 --> 00:27:43,740
Have you ever had an abortion?
440
00:27:47,159 --> 00:27:48,700
Once. Before I was married.
441
00:27:49,580 --> 00:27:53,900
If you remember, how old was the child?
442
00:27:57,660 --> 00:27:58,660
Seventeen weeks.
443
00:28:04,260 --> 00:28:07,680
We get hurt in there today, Jamie. Many
people change their positions on
444
00:28:07,680 --> 00:28:10,840
abortion, Eugene, and especially after
they get married. We need to draft a
445
00:28:10,840 --> 00:28:12,340
proposed set of jury instructions.
446
00:28:12,700 --> 00:28:13,920
Mr. Young, you call for me.
447
00:28:14,620 --> 00:28:16,880
I need for you to think, Mr. Gore. Think
back.
448
00:28:17,580 --> 00:28:19,960
Are you sure you didn't hear anything
before the shots?
449
00:28:20,680 --> 00:28:23,300
I'm not sure at all. He put those words
into my mouth.
450
00:28:23,700 --> 00:28:25,140
I may very well have heard them
fighting.
451
00:28:25,640 --> 00:28:27,560
I may need to put you back up there to
say that.
452
00:28:28,100 --> 00:28:29,740
Okay. I'll let you know.
453
00:28:31,980 --> 00:28:35,780
It's not a good idea. We cannot rest our
case on that kind of uncertainty. Well,
454
00:28:35,800 --> 00:28:38,280
I don't like resting our case where we
are right now. Look, do you want to put
455
00:28:38,280 --> 00:28:41,580
the neighbor up there to say what he may
have heard? Jury instructions, Jamie. I
456
00:28:41,580 --> 00:28:42,660
need them on my desk tonight.
457
00:28:42,980 --> 00:28:43,980
Fine. Fine.
458
00:28:48,460 --> 00:28:53,940
It just seems like such a little amount.
It is, but... I read in the paper,
459
00:28:54,040 --> 00:28:58,700
these people who choose to smoke win
millions of dollars from the tobacco
460
00:28:58,700 --> 00:28:59,700
companies.
461
00:29:00,000 --> 00:29:05,500
My daughter didn't choose to lean
against a broken railing, and now she
462
00:29:05,500 --> 00:29:10,660
walk. I think one thing that they're
betting on is that you can't afford to
463
00:29:10,660 --> 00:29:11,660
this through trial.
464
00:29:11,820 --> 00:29:15,860
If you beat them in court, Miss Carter,
it could take four or five years before
465
00:29:15,860 --> 00:29:16,860
you get anything.
466
00:29:17,020 --> 00:29:21,880
And that's just assuming you win, which
isn't even likely.
467
00:29:24,580 --> 00:29:26,640
There's nothing else you can do?
468
00:29:27,900 --> 00:29:29,060
I don't think so.
469
00:29:29,440 --> 00:29:33,800
I mean, the truth is, you've got a
sympathetic defendant providing housing
470
00:29:33,800 --> 00:29:39,480
loans from HUD. Like Jimmy says, they
get these loans just to... What?
471
00:29:45,990 --> 00:29:49,730
What? What do you mean, redo them? Redo
them. They're imprecise. This whole case
472
00:29:49,730 --> 00:29:51,390
will come down to... Where are they
imprecise?
473
00:29:54,730 --> 00:29:57,090
Three, four, five, six.
474
00:29:57,570 --> 00:30:02,150
We need to spell it out. It is. Not
enough, Jamie. If that judge instructs
475
00:30:02,150 --> 00:30:04,290
a fetus is not a child, we lose.
476
00:30:04,490 --> 00:30:06,810
Do you get that? Our whole theory is
defense.
477
00:30:07,559 --> 00:30:12,500
If she instructs that there is no child,
then there is no other. Stop talking to
478
00:30:12,500 --> 00:30:17,240
me like I'm three. I'm talking to you
like you're a lawyer, and this work is
479
00:30:17,240 --> 00:30:18,640
acceptable. Oh, you're full of crap.
480
00:30:18,860 --> 00:30:22,600
You're upset because I asked you to
dinner and you can't handle it. Well,
481
00:30:22,600 --> 00:30:26,720
offer is revoked. You can go eat a
cheeseburger alone like the big, bald
482
00:30:26,720 --> 00:30:30,000
curmudgeon you are. You don't talk to me
like that. These instructions are fine.
483
00:30:30,100 --> 00:30:34,580
The work is acceptable, so you can go
off in no corner and grunt. Oh, now I
484
00:30:34,580 --> 00:30:35,489
it. Get what?
485
00:30:35,490 --> 00:30:36,970
You asked me out for currency.
486
00:30:37,850 --> 00:30:41,510
Now when I come down on you for your
work, you could claim I'm retaliating
487
00:30:41,510 --> 00:30:42,510
personal reasons.
488
00:30:42,610 --> 00:30:47,170
Very clever. Oh, that is so cynical. I
don't think so. I asked you out because
489
00:30:47,170 --> 00:30:48,169
like you.
490
00:30:48,170 --> 00:30:50,930
And you can't take it. Well, I like you.
491
00:30:53,130 --> 00:30:54,270
I like you.
492
00:31:10,580 --> 00:31:11,580
Claire? Claire?
493
00:31:14,260 --> 00:31:15,320
Did you sleep here?
494
00:31:16,520 --> 00:31:18,200
Uh, I guess I did.
495
00:31:18,720 --> 00:31:19,920
What are you working on?
496
00:31:20,200 --> 00:31:23,600
The Carter case. I have a 9 o 'clock
settlement conference.
497
00:31:24,160 --> 00:31:25,160
It's 10 past 9.
498
00:31:25,460 --> 00:31:26,460
What?
499
00:31:29,020 --> 00:31:30,720
I'm so sorry, traffic.
500
00:31:31,080 --> 00:31:32,080
We just started.
501
00:31:32,620 --> 00:31:36,300
Mr. Sloan is offering us the grand sum
of $20 ,000.
502
00:31:36,560 --> 00:31:40,340
Look, our insurance company is
tightening up on nuisance claims.
503
00:31:40,580 --> 00:31:44,040
Nuisance? Claire, that girl is disabled
for life.
504
00:31:44,240 --> 00:31:48,660
This is hardly a nuisance claim. Come
on, post -accident test showed a minimal
505
00:31:48,660 --> 00:31:53,240
fissure. The railing broke. Because she
jumped onto it. She weighs 70 pounds.
506
00:31:53,340 --> 00:31:57,780
Look, there's no negligence. And if we
go to trial, you're looking at three
507
00:31:57,780 --> 00:32:00,280
years before the first witness is even
sworn in.
508
00:32:01,130 --> 00:32:05,290
Now, I'm sure your client could use that
$20 ,000. My suspicion is it would come
509
00:32:05,290 --> 00:32:06,410
in very handy right now.
510
00:32:07,450 --> 00:32:10,650
You have an obligation to take the offer
to your client.
511
00:32:12,710 --> 00:32:14,490
Could you take this to your client?
512
00:32:16,630 --> 00:32:20,010
What is it? An amendment to our document
production request.
513
00:32:20,330 --> 00:32:22,230
We want your HUD financial records.
514
00:32:22,730 --> 00:32:26,650
I already got the loan application under
the Freedom of Information Act.
515
00:32:27,560 --> 00:32:31,860
Your client made representations about
upgrading and renovating White Oaks
516
00:32:31,860 --> 00:32:37,100
property. They got $4 million, in fact,
which is interesting because, according
517
00:32:37,100 --> 00:32:41,840
to your own interrogatory responses,
there have been no renovations since you
518
00:32:41,840 --> 00:32:42,980
received the HUD funding.
519
00:32:43,320 --> 00:32:46,760
You stated that there are currently no
plans for remodeling.
520
00:32:47,460 --> 00:32:50,600
That might qualify your client for
fraud, Mr. Sloan.
521
00:32:51,360 --> 00:32:53,260
I think you're reaching, counsel.
522
00:32:53,580 --> 00:32:54,580
I don't think so.
523
00:32:55,100 --> 00:32:57,420
You received money earmarked for
repairs.
524
00:32:57,780 --> 00:33:01,320
Had you done those repairs, the faulty
railing would have been discovered.
525
00:33:01,640 --> 00:33:05,280
If you've not done them, brings me back
to fraud.
526
00:33:05,540 --> 00:33:09,560
You don't know what that money was spent
on. Now, I don't think... This is my
527
00:33:09,560 --> 00:33:11,280
motion for a court -enforced audit.
528
00:33:12,020 --> 00:33:15,340
Then we'll know what the money was spent
on or not spent on.
529
00:33:15,880 --> 00:33:19,760
I certainly hope your client didn't take
a low road, Mr. Sloan.
530
00:33:20,220 --> 00:33:22,560
There's still an opportunity to choose a
high one.
531
00:33:23,140 --> 00:33:26,940
I would encourage you... to encourage
your client to reconsider.
532
00:33:28,000 --> 00:33:34,540
Not to avoid an audit, not to avoid
liability for fraud, but to compensate a
533
00:33:34,540 --> 00:33:38,760
-year -old girl who will never be a
cheerleader, who will never get to dance
534
00:33:38,760 --> 00:33:42,700
her senior prom, and who won't walk down
the aisle at her own wedding.
535
00:33:43,840 --> 00:33:48,000
She won't walk through many of life's
moments because I suspect your client
536
00:33:48,000 --> 00:33:49,000
greedy.
537
00:33:49,700 --> 00:33:53,640
I would encourage you to talk to your
client because it's the right thing to
538
00:33:59,630 --> 00:34:01,410
This was murder.
539
00:34:02,370 --> 00:34:06,770
A woman in a lousy marriage fires six
shots, point blank.
540
00:34:07,190 --> 00:34:11,489
Bang, bang, bang, bang, bang, bang.
541
00:34:11,870 --> 00:34:13,409
That's not defense.
542
00:34:14,889 --> 00:34:18,670
No evidence of any shouting or fighting
preceding the shooting.
543
00:34:19,350 --> 00:34:23,590
It just so happens the defendant visited
a divorce attorney one month before.
544
00:34:24,110 --> 00:34:26,850
She explored getting out of this
marriage one way.
545
00:34:27,290 --> 00:34:28,610
She chose another.
546
00:34:29,739 --> 00:34:33,699
And as for this theory, she was
defending the life of her unborn child.
547
00:34:34,040 --> 00:34:36,360
This fetus was eight weeks old.
548
00:34:36,620 --> 00:34:41,679
She previously aborted a 17 -week fetus,
so let's not pretend that she
549
00:34:41,679 --> 00:34:46,300
considered it a person. And even if she
did, the law doesn't.
550
00:34:47,000 --> 00:34:51,639
A non -viable fetus is not a person.
That's what the Supreme Court has said.
551
00:34:51,820 --> 00:34:56,540
Now, she wants to say, hey, as far as
she's concerned, It's a human being.
552
00:34:56,739 --> 00:35:01,360
that is exactly the rationale employed
by people who shoot doctors at abortion
553
00:35:01,360 --> 00:35:06,580
clinics. They're just protecting the
lives of the unborn. Well, we don't let
554
00:35:06,580 --> 00:35:10,120
those murderers get away with it, and we
can't let this one.
555
00:35:11,560 --> 00:35:18,480
And finally, even should you choose to
ignore the law, defy the
556
00:35:18,480 --> 00:35:22,180
Supreme Court, and find this fetus to be
a person, thereby...
557
00:35:22,570 --> 00:35:28,830
affording Mrs. Nielsen her novel
defense, her use of force has to be
558
00:35:29,350 --> 00:35:31,730
It cannot be excessive.
559
00:35:32,550 --> 00:35:35,170
The victim here was unarmed.
560
00:35:35,550 --> 00:35:39,750
One shot was arguably excessive. She
fired six.
561
00:35:40,570 --> 00:35:43,010
Five after he lay on the floor.
562
00:35:44,610 --> 00:35:46,430
You see this man here?
563
00:35:47,030 --> 00:35:49,030
He was very much a person.
564
00:35:49,970 --> 00:35:52,430
This... was a human being.
565
00:35:53,870 --> 00:35:57,690
Shot six times, point blank.
566
00:36:01,910 --> 00:36:05,510
She fired the one shot and impulsively
kept squeezing.
567
00:36:06,250 --> 00:36:10,450
In her own testimony, she said her
fingers convulsed on the trigger. That
568
00:36:10,450 --> 00:36:12,410
testimony was not refuted.
569
00:36:13,030 --> 00:36:16,730
As for her consulting with a divorce
lawyer, that didn't just so happen.
570
00:36:17,010 --> 00:36:18,510
Of course she thought about divorce.
571
00:36:18,730 --> 00:36:19,810
The man was beating her.
572
00:36:20,160 --> 00:36:23,640
Punching her in the stomach. She was
pregnant. And talk to any pregnant
573
00:36:23,800 --> 00:36:27,760
They don't point to their stomach and
say the thing or the fetus.
574
00:36:28,180 --> 00:36:29,460
They call it the baby.
575
00:36:30,140 --> 00:36:34,380
So don't tell me that for any woman
who's been pregnant that there isn't a
576
00:36:34,380 --> 00:36:39,100
in play. This country spends millions of
dollars educating people on the
577
00:36:39,100 --> 00:36:43,040
importance of prenatal care because we
recognize that life.
578
00:36:43,800 --> 00:36:48,730
Because parenting... starts with
pregnancy, because the essence of
579
00:36:48,730 --> 00:36:51,070
protecting the child, and that starts in
the womb.
580
00:36:52,090 --> 00:36:55,770
She didn't have to consult with the
Supreme Court to know that she had a
581
00:36:55,770 --> 00:37:00,630
living inside her. Carrie Nielsen was
protecting her child.
582
00:37:01,550 --> 00:37:07,510
And in case you didn't know, if the
victim had killed that child with one of
583
00:37:07,510 --> 00:37:11,770
punches, the state legally could and
would have charged him with murder.
584
00:37:12,620 --> 00:37:17,080
See, we prosecute those who kill non
-viable fetuses unless it's by illegal
585
00:37:17,080 --> 00:37:22,820
abortion. So it's disingenuous for the
state to be saying to you, hey, there is
586
00:37:22,820 --> 00:37:23,820
no life.
587
00:37:26,440 --> 00:37:27,480
There was a life.
588
00:37:28,740 --> 00:37:31,900
And my client did what she had to to
save it.
589
00:37:43,030 --> 00:37:47,590
Okay, members of the jury, I am now
going to give you a set of instructions
590
00:37:47,590 --> 00:37:49,350
before I send you back to deliberate.
591
00:37:49,870 --> 00:37:55,390
The most important one I'm going to say
first and last because you really need
592
00:37:55,390 --> 00:37:56,390
to heed it.
593
00:37:57,470 --> 00:38:04,230
For the purpose of this trial, you are
to consider the fetus a human
594
00:38:04,230 --> 00:38:10,150
being. That means the defendant is
entitled to use force to defend it.
595
00:38:13,320 --> 00:38:14,320
That was good, right?
596
00:38:14,780 --> 00:38:17,920
That's the exact instruction we wanted.
But they still have to find the force
597
00:38:17,920 --> 00:38:20,260
was reasonable. And thick shot is thick
shot.
598
00:38:20,480 --> 00:38:23,800
They also might not be convinced on your
motive. Well, how long before... Are
599
00:38:23,800 --> 00:38:25,100
you okay?
600
00:38:25,880 --> 00:38:27,720
I was contracting all through the
closing.
601
00:38:28,540 --> 00:38:29,760
I could be in labor.
602
00:38:30,140 --> 00:38:31,700
Well, let's get you to a hospital then.
603
00:38:32,100 --> 00:38:33,120
Don't I have to be here?
604
00:38:33,340 --> 00:38:34,560
No, not for the reading of the verdict.
605
00:38:34,780 --> 00:38:35,780
Carrie, why take the risk?
606
00:38:35,880 --> 00:38:36,880
Okay.
607
00:38:39,360 --> 00:38:40,360
Guard?
608
00:38:41,560 --> 00:38:42,600
How much more?
609
00:38:43,120 --> 00:38:44,058
We don't know.
610
00:38:44,060 --> 00:38:46,640
Mr. Sloan says it's a package we'll be
happy with.
611
00:38:46,860 --> 00:38:48,140
So it sounds encouraging.
612
00:38:48,900 --> 00:38:50,840
So this is good news?
613
00:38:51,240 --> 00:38:52,240
It's very good news.
614
00:38:52,440 --> 00:38:53,800
We gave them two days.
615
00:38:54,220 --> 00:38:56,360
We'll let you know as soon as the offer
comes in.
616
00:38:57,180 --> 00:38:58,180
Okay.
617
00:38:58,780 --> 00:38:59,780
Thank you.
618
00:39:00,820 --> 00:39:02,220
Thank you very much.
619
00:39:04,980 --> 00:39:06,180
I'm going to go tell Virginia.
620
00:39:06,820 --> 00:39:07,820
Okay.
621
00:39:18,520 --> 00:39:22,140
Huh? I didn't appreciate you springing
that stuff in the conference.
622
00:39:22,720 --> 00:39:24,020
I didn't plan that.
623
00:39:24,400 --> 00:39:28,840
I meant to tell you before, but I
overslept and then things looked like
624
00:39:28,840 --> 00:39:30,640
were going south. You don't need to
apologize.
625
00:39:33,740 --> 00:39:34,760
Good work, Claire.
626
00:39:36,120 --> 00:39:42,680
The idea of going to HUD, the legwork,
getting a hold of those documents, that
627
00:39:42,680 --> 00:39:43,680
was something.
628
00:39:45,400 --> 00:39:46,420
It's called zeal.
629
00:39:48,970 --> 00:39:50,270
You're a fine young lawyer.
630
00:39:50,890 --> 00:39:54,170
And, well, excellent job.
631
00:39:55,850 --> 00:39:56,850
Thank you.
632
00:40:12,090 --> 00:40:13,130
How long ago?
633
00:40:13,530 --> 00:40:14,530
Jamie.
634
00:40:14,810 --> 00:40:15,890
Thank you very much.
635
00:40:18,320 --> 00:40:19,320
She's in full labor.
636
00:40:20,020 --> 00:40:22,380
Members of the jury, have you reached a
verdict?
637
00:40:23,400 --> 00:40:24,400
We have, Your Honor.
638
00:40:24,860 --> 00:40:25,860
What say you?
639
00:40:26,280 --> 00:40:30,640
On the matter of the Commonwealth v.
Carrie Nielsen, on the charge of murder
640
00:40:30,640 --> 00:40:33,920
the first degree, we find the defendant
not guilty.
641
00:40:34,480 --> 00:40:39,880
On the charge of murder in the second
degree, we find the defendant not
642
00:40:40,980 --> 00:40:43,080
This concludes the jury's service.
643
00:40:43,300 --> 00:40:45,460
You are dismissed with the court's
thanks.
644
00:40:45,720 --> 00:40:46,980
We are adjourned.
645
00:40:56,520 --> 00:40:57,520
Congratulations.
646
00:41:00,280 --> 00:41:01,280
You too.
647
00:41:02,920 --> 00:41:03,920
Let's go tell Carrie.
648
00:41:14,980 --> 00:41:16,120
Seven pounds, ten ounces.
649
00:41:16,720 --> 00:41:17,578
Everybody's healthy?
650
00:41:17,580 --> 00:41:21,020
Mother and son are doing fine. The
doctor will be out in a second, and she
651
00:41:21,020 --> 00:41:24,300
you could go in. You told her she was
acquitted? I did. She's ecstatic.
652
00:41:24,990 --> 00:41:25,990
It'll just be a second.
653
00:41:27,950 --> 00:41:29,050
Good day, I guess.
654
00:41:29,410 --> 00:41:30,410
Yep.
655
00:41:32,550 --> 00:41:34,210
I loved your closing, by the way.
656
00:41:35,010 --> 00:41:36,010
Thank you.
657
00:41:38,190 --> 00:41:44,770
Listen, if you still feel like getting
dinner sometime later...
658
00:41:44,770 --> 00:41:47,750
That'd be great.
659
00:41:55,259 --> 00:41:56,760
You can go in Thank you
660
00:42:24,330 --> 00:42:26,590
Now I see why she won the trial before
she delivered.
661
00:42:35,570 --> 00:42:37,570
That might not mean anything.
662
00:42:38,810 --> 00:42:39,810
Nope.
663
00:42:40,210 --> 00:42:41,210
Might not.
54962
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