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There was a small fire over on Melrose.
I sent Rosenthal.
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He put it out.
3
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Good man, Rosenthal.
4
00:01:44,740 --> 00:01:46,140
We ought to send him to the Middle East.
5
00:01:46,660 --> 00:01:47,660
Take a look.
6
00:01:53,980 --> 00:02:00,040
Why you don't print my letters?
7
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What letters?
8
00:02:03,060 --> 00:02:04,060
You know why you don't print them?
9
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Because Esteban is not Anglo. If it was
an Anglo in jail, you would print them.
10
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Hold it. Can I ask a question?
11
00:02:09,780 --> 00:02:12,040
Who is Esteban and how did you get in
here?
12
00:02:12,280 --> 00:02:13,280
I'll call the guard.
13
00:02:13,320 --> 00:02:15,740
Oh, sure. Call the guard and the police
and the army, too.
14
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I'm dangerous. Can't you see that? Now,
wait a minute.
15
00:02:18,980 --> 00:02:21,900
Nobody's going to call anybody. Will you
relax, Billy?
16
00:02:23,660 --> 00:02:24,660
Why are you calling her?
17
00:02:24,840 --> 00:02:25,840
She speaks Spanish.
18
00:02:26,060 --> 00:02:27,140
But I'm speaking English.
19
00:02:27,380 --> 00:02:28,380
She speaks that, too.
20
00:02:28,900 --> 00:02:29,900
What's up?
21
00:02:30,040 --> 00:02:31,880
I'm not quite sure. Just sort of hang
around.
22
00:02:32,840 --> 00:02:34,480
Look. I wrote three letters.
23
00:02:35,060 --> 00:02:37,360
I don't get letters. That's another
department.
24
00:02:38,320 --> 00:02:39,320
What were they about?
25
00:02:39,600 --> 00:02:40,940
My boyfriend, Esteban.
26
00:02:41,340 --> 00:02:43,640
He got in trouble a couple of months ago
in a bar.
27
00:02:44,000 --> 00:02:46,020
He hit a man, and the man died.
28
00:02:48,820 --> 00:02:49,820
No, wait.
29
00:02:50,240 --> 00:02:51,800
He didn't get a fair trial.
30
00:02:52,540 --> 00:02:56,020
The crazy old judge made faces at the
jury, and he whistled, and he did all
31
00:02:56,020 --> 00:02:57,020
kinds of local things.
32
00:02:57,660 --> 00:02:59,060
The jury found him guilty.
33
00:02:59,400 --> 00:03:01,440
Manslaughter. But it was an accident.
34
00:03:02,090 --> 00:03:04,810
But if it was manslaughter, he could get
out in a year, even less.
35
00:03:05,070 --> 00:03:06,710
He might even get off with a suspended
sentence.
36
00:03:07,250 --> 00:03:08,750
You don't know this judge.
37
00:03:09,110 --> 00:03:11,250
He'll hang him. He'll put him away
forever.
38
00:03:12,330 --> 00:03:13,330
What's his name?
39
00:03:13,610 --> 00:03:15,470
Rushman. Felix Rushman.
40
00:03:16,370 --> 00:03:21,310
He's a crazy old man. Listen, Miss
Louisa Sanchez, I'm Billy Newman.
41
00:03:21,570 --> 00:03:24,810
Why don't we talk about this? We could
go up to the cafeteria and talk, have
42
00:03:24,810 --> 00:03:26,550
some coffee. I don't want talk.
43
00:03:26,970 --> 00:03:29,030
I want my man to have his life back.
44
00:03:29,450 --> 00:03:31,940
Okay. But maybe there's something we can
do.
45
00:03:32,320 --> 00:03:33,320
I don't know.
46
00:03:34,260 --> 00:03:35,138
Come on.
47
00:03:35,140 --> 00:03:36,140
Let's talk.
48
00:03:36,660 --> 00:03:37,660
Come on.
49
00:03:40,400 --> 00:03:42,160
You know this judge? This Rushman?
50
00:03:42,800 --> 00:03:45,760
Rushman? Oh, yeah, I've heard all kinds
of stories about him. He's been on the
51
00:03:45,760 --> 00:03:47,680
bench so long they may make him an
historical landmark.
52
00:03:49,240 --> 00:03:50,240
It's lunchtime.
53
00:03:50,700 --> 00:03:53,100
I think I'll grab a bite to eat with our
courthouse guy. What's his name?
54
00:03:53,120 --> 00:03:56,000
Simmons? I don't recommend the
courthouse cafeteria.
55
00:03:56,460 --> 00:03:58,720
There was talk of using it to replace
the death penalty.
56
00:04:07,020 --> 00:04:10,080
People in trouble, not much room for
joy, not outwardly anyway.
57
00:04:11,580 --> 00:04:14,100
Do you remember anything at all about
the Murillo case?
58
00:04:14,480 --> 00:04:17,579
No, cases like that pass through these
courts like a muddy river.
59
00:04:18,980 --> 00:04:20,060
What about Rushman?
60
00:04:20,420 --> 00:04:22,960
A brilliant man. He's had a great career
on the bench.
61
00:04:23,460 --> 00:04:24,660
She said he was crazy.
62
00:04:25,000 --> 00:04:26,860
No, everybody's got a beef in here.
63
00:04:27,280 --> 00:04:29,580
Besides, the jury found him guilty, not
the judge.
64
00:04:29,920 --> 00:04:31,780
She didn't say her boyfriend was
innocent.
65
00:04:32,480 --> 00:04:35,580
She said the judge did all sorts of
nutty things to influence the jury.
66
00:04:36,220 --> 00:04:38,480
Well... Look, the man's an eccentric.
67
00:04:38,760 --> 00:04:41,920
There's no denying that. Everybody knows
the things that he does.
68
00:04:42,680 --> 00:04:43,619
Like what?
69
00:04:43,620 --> 00:04:46,700
Well, he likes to take his shoes off
when he's on the bench.
70
00:04:47,480 --> 00:04:48,820
Let's see, what did he say?
71
00:04:49,100 --> 00:04:53,520
Something about an Indian yoga sect that
believes we need to breathe through the
72
00:04:53,520 --> 00:04:54,520
soles of our feet.
73
00:04:54,960 --> 00:04:56,460
That doesn't sound too crazy.
74
00:04:56,860 --> 00:04:58,600
No, it's just an absent -minded thing.
75
00:04:59,300 --> 00:05:02,000
Like you putting on that tie with that
suit.
76
00:05:02,700 --> 00:05:04,860
I bought the tie for this suit.
77
00:05:24,419 --> 00:05:28,420
74. Be seated and come to order.
Superior Court, County of Los Angeles,
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00:05:28,560 --> 00:05:30,240
Department 4 is again in session.
79
00:05:30,640 --> 00:05:33,080
Put all reading material away, no
smoking.
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00:05:33,360 --> 00:05:36,960
The Honorable Felix Rushman, Judge,
presiding. All parties present?
81
00:05:37,340 --> 00:05:38,340
Yes, Your Honor.
82
00:05:38,380 --> 00:05:39,380
Yes, Your Honor.
83
00:05:39,400 --> 00:05:42,740
All right, let's get on with it. Let's
get on with whatever this is.
84
00:05:43,680 --> 00:05:45,420
I call Genevieve Dussault.
85
00:05:46,280 --> 00:05:50,940
And then on the 14th, I wrote to them
again. I didn't want to, but my sister
86
00:05:50,940 --> 00:05:52,160
said, write to them again.
87
00:05:52,600 --> 00:05:53,920
I didn't want to write to them again.
88
00:05:54,160 --> 00:05:58,400
She's always telling me what to do. So I
sat down. I took a pencil.
89
00:05:58,760 --> 00:06:02,700
No. You know, off the record, this is a
very boring case.
90
00:06:03,380 --> 00:06:04,740
Don't you think so, Mrs. Patterson?
91
00:06:06,660 --> 00:06:10,140
It's the court, please. I would like the
record to show the remark your honor
92
00:06:10,140 --> 00:06:11,540
just made in the hearing of the jury.
93
00:06:11,820 --> 00:06:15,480
Oh, they're not going to pay any
attention to that little thing like
94
00:06:15,720 --> 00:06:16,720
Crying out loud.
95
00:06:16,860 --> 00:06:18,840
Besides, from the looks of them, they
already concur.
96
00:06:19,470 --> 00:06:21,330
I want the record to show my objection.
97
00:06:21,590 --> 00:06:23,050
Sit down, Mr. Bailo.
98
00:06:24,150 --> 00:06:27,590
Now, look, before we continue, I want to
caution the jury about that restaurant
99
00:06:27,590 --> 00:06:30,130
across the street. Now, you've got to be
very careful when you order the
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00:06:30,130 --> 00:06:32,250
cheesecake, especially the strawberry
cheesecake.
101
00:06:32,790 --> 00:06:33,990
I don't think they're honest people.
102
00:06:34,450 --> 00:06:35,850
I don't think they're refrigerated.
103
00:06:36,470 --> 00:06:39,450
Well, that woman back in the office may
have something. This guy is a little
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00:06:39,450 --> 00:06:40,450
weird.
105
00:06:43,930 --> 00:06:47,130
Should I proceed, Your Honor? Could any
of us stop you, ma 'am?
106
00:06:48,270 --> 00:06:52,790
I strongly protest to the court. Sit
down, Mr. Bailo. You're constantly
107
00:06:52,790 --> 00:06:54,190
interrupting the judicial process.
108
00:06:54,590 --> 00:06:57,590
Your Honor. If you don't sit down, Mr.
Bailo, you'll be eating bologna
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00:06:57,590 --> 00:06:58,770
sandwiches in the holding tank.
110
00:07:01,050 --> 00:07:02,870
Are you threatening me with a contempt
citation?
111
00:07:04,850 --> 00:07:05,850
Try me.
112
00:07:11,430 --> 00:07:14,210
All right. Go on. Go on. Go on with your
story.
113
00:07:14,980 --> 00:07:16,460
I don't remember where I was.
114
00:07:16,740 --> 00:07:18,060
I don't remember who you was.
115
00:07:22,460 --> 00:07:28,320
After Jenny, uh, that is, Mrs. Douceau,
called me, I... No.
116
00:07:28,780 --> 00:07:30,260
No, it was before she called me.
117
00:07:30,660 --> 00:07:33,980
Uh, you see, I'd heard that her son was
in town.
118
00:07:34,620 --> 00:07:36,440
I've got to get back. I've seen enough.
119
00:07:37,280 --> 00:07:38,860
You know, I'll talk about this later.
120
00:07:39,080 --> 00:07:41,680
So, then... Excuse me.
121
00:07:43,049 --> 00:07:45,890
Excuse me. But I couldn't find her, and
then she called me.
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00:07:46,770 --> 00:07:48,330
Hey. Hey, you.
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00:07:48,630 --> 00:07:49,650
The bald -headed fellow.
124
00:07:50,330 --> 00:07:51,330
Yeah.
125
00:07:52,950 --> 00:07:54,350
Yeah, you. Where do you think you're
going?
126
00:07:54,870 --> 00:07:55,870
I'm going back to work.
127
00:07:56,090 --> 00:07:57,470
Come on. Sit down.
128
00:07:59,190 --> 00:08:02,070
I don't have anything to do with this
case, Your Honor. You're interrupting
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00:08:02,070 --> 00:08:03,070
trial.
130
00:08:03,150 --> 00:08:05,150
You're walking out in the middle of
important testimony.
131
00:08:07,490 --> 00:08:10,450
Excuse me, but I have to get back to
my... Have you ever heard...
132
00:08:11,950 --> 00:08:13,330
You know the power that you're
challenging?
133
00:08:14,290 --> 00:08:17,170
I'm not challenging anything, Your
Honor. I just want to leave.
134
00:08:17,490 --> 00:08:19,090
All right, then. I'll grant your wish.
135
00:08:19,710 --> 00:08:20,710
Bailiff, remove this man.
136
00:08:21,070 --> 00:08:23,530
Book him and hold him. I'll send the
necessary paperwork down.
137
00:08:24,450 --> 00:08:26,370
What's going on? Take him out of here.
138
00:08:26,650 --> 00:08:29,010
Take him out of my sight. I want him out
of here now.
139
00:08:29,350 --> 00:08:32,690
Come on, mister. Let's go. I'm being
arrested. Simmons, what's going on? Get
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00:08:32,690 --> 00:08:33,349
out of here.
141
00:08:33,350 --> 00:08:36,530
This is a court of law. I'm not a
treatment agent. Hey, come on. You can't
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00:08:36,530 --> 00:08:38,090
serious. I didn't do anything.
143
00:09:00,439 --> 00:09:01,439
Nothing.
144
00:09:02,600 --> 00:09:03,600
Yeah, me too.
145
00:09:04,900 --> 00:09:06,180
What they say you've done?
146
00:09:07,540 --> 00:09:08,540
I don't know.
147
00:09:10,980 --> 00:09:13,320
What do you think they say you've done?
148
00:09:18,340 --> 00:09:20,740
Oh, don't worry, fellow. This is a nice
jail.
149
00:09:21,040 --> 00:09:22,040
It is?
150
00:09:22,060 --> 00:09:23,060
Yeah.
151
00:09:30,860 --> 00:09:33,060
You sure took your time. I've been here
three hours.
152
00:09:33,340 --> 00:09:34,340
I'm sorry.
153
00:09:35,220 --> 00:09:36,220
Sorry.
154
00:09:36,520 --> 00:09:39,580
Tell me, Lou, what's it like to go that
long without a woman?
155
00:09:42,040 --> 00:09:44,680
I guess it's a lot like being without a
job.
156
00:09:45,160 --> 00:09:46,160
Okay.
157
00:09:50,380 --> 00:09:52,040
Grant. Lou.
158
00:09:53,780 --> 00:09:57,180
Rushman never sent the paperwork down,
never filed a contempt order.
159
00:09:57,720 --> 00:10:00,480
I think he cooled off. I'm glad
everybody is so understanding.
160
00:10:00,720 --> 00:10:03,240
I'm glad the judge cooled off. I haven't
cooled off.
161
00:10:10,960 --> 00:10:11,960
See the time?
162
00:10:14,520 --> 00:10:15,520
Rossi.
163
00:10:18,580 --> 00:10:22,680
Well, well, your old job's still waiting
for you, Lou. Always glad to give an ex
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00:10:22,680 --> 00:10:23,680
-con a break.
165
00:10:23,700 --> 00:10:25,480
You busted out of the joint, huh, Duke?
166
00:10:25,960 --> 00:10:27,880
I knew there was no slammer that could
hold you, Chief.
167
00:10:28,640 --> 00:10:31,000
We have a very serious problem here.
This is not a joke.
168
00:10:31,820 --> 00:10:34,300
I want to find out about this cuckoo,
this judge.
169
00:10:34,820 --> 00:10:36,220
I want to know why he's still on the
bench.
170
00:10:36,820 --> 00:10:40,980
Talk to people, court clerks, bailiffs,
other judges, lawyers, the DA. Can we
171
00:10:40,980 --> 00:10:42,260
get a transcript of the Murillo trial?
172
00:10:42,520 --> 00:10:43,580
Sure, if we pay for it.
173
00:10:44,060 --> 00:10:44,819
We'll pay.
174
00:10:44,820 --> 00:10:45,820
Get on it.
175
00:10:45,860 --> 00:10:46,860
Simmons will fill you in.
176
00:10:51,900 --> 00:10:54,400
A little wrought up, aren't you, Lou?
177
00:10:54,830 --> 00:10:57,690
You'd be wrought up too, Charlie, if he
threw you in a cell like a sack of old
178
00:10:57,690 --> 00:10:58,509
chicken feathers.
179
00:10:58,510 --> 00:10:59,550
I don't think chicken.
180
00:11:00,590 --> 00:11:01,590
Maybe buzzard.
181
00:11:02,830 --> 00:11:06,170
I throw my garbage out with more
sympathy and compassion than he showed
182
00:11:06,630 --> 00:11:10,110
Listen, correct me if I'm wrong, but
what I'm getting here is an
183
00:11:10,110 --> 00:11:12,090
picture of a personal vendetta.
184
00:11:13,250 --> 00:11:14,910
A man is a menace.
185
00:11:15,810 --> 00:11:20,430
If what happened to me happened so
quick, so easy, how many other poor
186
00:11:20,430 --> 00:11:23,590
sitting in a cell somewhere because he
decided to have one of his little temper
187
00:11:23,590 --> 00:11:25,700
tantrums? You sure you want to tangle
with him?
188
00:11:27,420 --> 00:11:29,000
Okay, go at it if you want to.
189
00:11:29,820 --> 00:11:30,900
But keep me posted.
190
00:11:32,220 --> 00:11:33,220
Sure.
191
00:11:38,400 --> 00:11:39,400
Tell me, Lou.
192
00:11:39,960 --> 00:11:41,500
What's it really like inside?
193
00:11:44,820 --> 00:11:47,720
Donovan, you're a good reporter.
194
00:11:49,060 --> 00:11:50,060
Thank you.
195
00:11:51,720 --> 00:11:54,900
And how come you haven't caught on yet
that I don't think this is funny?
196
00:11:56,840 --> 00:11:58,040
I think I just got it.
197
00:12:10,500 --> 00:12:14,180
And in case you didn't understand it the
first time, I'm going to repeat it. And
198
00:12:14,180 --> 00:12:15,580
I want you to pay close attention.
199
00:12:16,260 --> 00:12:20,060
Now, you made a motion for a mistrial
based on Corey versus Goodman.
200
00:12:20,440 --> 00:12:21,680
Well, sir, here's my ruling.
201
00:12:23,240 --> 00:12:25,960
In other words, your motion stinks.
202
00:12:26,940 --> 00:12:27,940
Overruled, sir.
203
00:12:28,000 --> 00:12:29,000
Overruled.
204
00:12:30,040 --> 00:12:31,640
Oh, I've got to get some air.
205
00:12:32,980 --> 00:12:33,980
All rise.
206
00:12:34,540 --> 00:12:36,200
Court will recess for 20 minutes.
207
00:12:40,300 --> 00:12:42,220
I'm going to start upstairs with
Simmons.
208
00:12:42,500 --> 00:12:46,020
The judge is a real pistol at me. I
think we ought to take it easy. We're
209
00:12:46,020 --> 00:12:49,340
against the toughest kind of guy there
is, and not with power.
210
00:13:06,420 --> 00:13:09,800
Charlie Hume tells me you have a couple
of reporters sniffing around Felix
211
00:13:09,800 --> 00:13:10,800
Rushman.
212
00:13:11,060 --> 00:13:12,060
That's right.
213
00:13:12,120 --> 00:13:13,480
Do you think that's wise?
214
00:13:15,980 --> 00:13:19,340
I don't know how wise it is, but I sure
feel it's necessary. Why?
215
00:13:20,300 --> 00:13:23,300
Well, this isn't just any guy who's a
little weird. The man's a superior court
216
00:13:23,300 --> 00:13:26,720
judge. And you spent a number of hours
behind bars because of him.
217
00:13:27,740 --> 00:13:28,740
Yeah.
218
00:13:28,960 --> 00:13:32,440
So? Well, I just want to make certain
our motives are clear.
219
00:13:33,840 --> 00:13:38,680
You know, people, when they reach a
certain age, especially people who have
220
00:13:38,680 --> 00:13:45,040
certain amount of what is considered to
be power, these old people can become
221
00:13:45,040 --> 00:13:46,040
easy targets.
222
00:13:48,480 --> 00:13:49,620
I'll be very sure.
223
00:13:51,000 --> 00:13:52,000
And careful.
224
00:13:53,040 --> 00:13:54,040
Keep me informed.
225
00:13:55,260 --> 00:13:58,600
Yes, sir, I've known him for seven
years, and a better judge and a more
226
00:13:58,600 --> 00:14:00,160
respectful man you won't find.
227
00:14:01,740 --> 00:14:04,940
Do you know if any other judge would ask
his bailiff's advice right before a
228
00:14:04,940 --> 00:14:06,340
decision? He asks your advice.
229
00:14:06,800 --> 00:14:07,800
Lots of times.
230
00:14:07,880 --> 00:14:08,940
In front of everybody.
231
00:14:10,000 --> 00:14:12,260
Jury, counsel, and he listens.
232
00:14:12,500 --> 00:14:13,600
He takes my advice.
233
00:14:14,520 --> 00:14:15,520
He does.
234
00:14:16,200 --> 00:14:20,880
But haven't you seen things lately that
make you wonder if maybe he isn't
235
00:14:20,880 --> 00:14:21,880
getting on?
236
00:14:24,540 --> 00:14:25,540
No, sir, nothing.
237
00:14:25,780 --> 00:14:29,200
Oh, sure, he might nod off a bit
sometimes, but that's usually after
238
00:14:29,630 --> 00:14:30,770
Heck, it's a long afternoon.
239
00:14:30,970 --> 00:14:32,990
I'd do it myself if I thought I could
get away with it.
240
00:14:37,190 --> 00:14:38,970
What happens if he has to make a ruling?
241
00:14:39,390 --> 00:14:40,770
Oh, he picks up pretty fast.
242
00:14:41,510 --> 00:14:44,330
You've got to understand, some of these
cases will put anybody to sleep.
243
00:14:45,370 --> 00:14:46,610
You know what he does sometimes?
244
00:14:47,370 --> 00:14:51,310
He takes off his robes, comes down and
sits at counsel's table and questions
245
00:14:51,310 --> 00:14:52,310
witness himself.
246
00:14:53,210 --> 00:14:55,190
And he puts on his robes, gets back on
the bench.
247
00:14:55,970 --> 00:14:57,070
Great, huh?
248
00:14:57,430 --> 00:14:58,430
Terrific.
249
00:15:00,500 --> 00:15:03,460
Here's someone who could tell you
stories about his honor. She's been his
250
00:15:03,460 --> 00:15:04,660
clerk 12 years now.
251
00:15:05,240 --> 00:15:07,360
This is Miss Newman. She's a reporter
from the Trib.
252
00:15:07,880 --> 00:15:09,200
Oh, how do you do?
253
00:15:10,080 --> 00:15:12,320
Does Judge Rushman know that you're
talking to his staff?
254
00:15:12,620 --> 00:15:13,620
Do you think he'd object?
255
00:15:14,140 --> 00:15:15,300
Well, that's not the point.
256
00:15:15,740 --> 00:15:19,560
Well, he sounds like a fascinating man,
and I just... I think you'd better talk
257
00:15:19,560 --> 00:15:20,860
to him before you talk to us.
258
00:15:22,260 --> 00:15:23,520
Sure. Okay.
259
00:15:24,620 --> 00:15:25,640
Thanks, Richard.
260
00:15:25,880 --> 00:15:27,460
I appreciate you taking the time.
261
00:15:31,500 --> 00:15:32,740
Why is she asking questions?
262
00:15:34,020 --> 00:15:35,860
She says they're doing a story on the
judiciary.
263
00:15:36,420 --> 00:15:37,560
What kind of a story?
264
00:15:39,000 --> 00:15:41,080
Well, you were talking a long time. What
did you tell her?
265
00:15:41,540 --> 00:15:42,540
Nothing.
266
00:15:42,700 --> 00:15:43,700
Don't worry, Emily.
267
00:15:44,320 --> 00:15:47,520
You didn't mention... You know what I
mean.
268
00:15:47,760 --> 00:15:50,000
What kind of a question is that? You
think I don't know what I'm doing?
269
00:15:53,160 --> 00:15:54,540
Rushman, he's a prince.
270
00:15:55,080 --> 00:15:56,520
Everybody in my office thinks so.
271
00:15:56,740 --> 00:15:58,340
We go in with a case, he's on our side.
272
00:15:58,560 --> 00:15:59,560
What side is that?
273
00:15:59,900 --> 00:16:03,300
Law and order, Mr. Rossi. Law and order.
It's a great double play combination.
274
00:16:03,920 --> 00:16:07,400
Police apprehend, we prosecute. Judge
Rushman puts the offender out.
275
00:16:07,840 --> 00:16:09,220
So you'd call him a tough judge.
276
00:16:09,880 --> 00:16:10,880
Like iron.
277
00:16:10,980 --> 00:16:12,300
I wish we had more like him.
278
00:16:12,920 --> 00:16:13,920
Eccentricities and all.
279
00:16:14,300 --> 00:16:15,760
Well, we all know about those.
280
00:16:16,140 --> 00:16:17,160
They're harmless, of course.
281
00:16:17,620 --> 00:16:18,620
Sure.
282
00:16:18,900 --> 00:16:22,080
I mean, all of us have our little
idiosyncrasies that might seem odd to
283
00:16:22,080 --> 00:16:26,060
else. Even you might have some, Mr.
Rossi. Oh, listen. I've got some great
284
00:16:26,360 --> 00:16:27,880
But I'm not a superior court judge.
285
00:16:33,000 --> 00:16:35,780
There's really no reason to interview
me. It's all in the record.
286
00:16:36,000 --> 00:16:37,040
The machine doesn't lie.
287
00:16:37,360 --> 00:16:40,840
But judges often do edit the record.
They're proud men, so they edit out the
288
00:16:40,840 --> 00:16:41,840
little grammatical mistakes.
289
00:16:41,980 --> 00:16:44,020
They're proud men. That's all the
editing is done.
290
00:16:44,220 --> 00:16:46,580
Look, I really have nothing else to tell
you. I'm sorry.
291
00:16:47,080 --> 00:16:48,600
Do you sometimes edit for them?
292
00:16:49,500 --> 00:16:52,240
There's nothing irregular here. Judge
Rushman is a fine man.
293
00:16:52,580 --> 00:16:53,940
The man is obviously a lunatic.
294
00:16:56,200 --> 00:16:58,000
You mean he's mentally unsound?
295
00:16:58,640 --> 00:17:00,540
Well, I'm not an M .D.
296
00:17:00,990 --> 00:17:02,550
But I think I do know my law.
297
00:17:03,170 --> 00:17:06,730
Some of my friends consider me one of
the top three criminal attorneys in the
298
00:17:06,730 --> 00:17:09,349
country. To my enemies, I'm in the top
five.
299
00:17:10,150 --> 00:17:12,569
Then you have tangled with Judge
Rushman.
300
00:17:12,910 --> 00:17:16,349
Well, I wouldn't use the word tangled. I
may have to tangle with him again.
301
00:17:17,050 --> 00:17:21,109
I have a very important practice to
protect with clients who depend on me.
302
00:17:21,410 --> 00:17:25,790
You're off the record here, Mr. Lindsay.
That's been agreed to. And may I say
303
00:17:25,790 --> 00:17:29,530
that I'm very proud to be invited to
this room where presidents and heads of
304
00:17:29,530 --> 00:17:30,530
state have broken bread.
305
00:17:30,940 --> 00:17:32,040
I don't know how I can.
306
00:17:33,880 --> 00:17:36,080
What about, what about Rushman?
307
00:17:36,740 --> 00:17:39,100
Are you familiar with the term eye
contact?
308
00:17:39,460 --> 00:17:41,620
Yeah. Has it's used in the courtroom?
309
00:17:41,920 --> 00:17:47,640
No. Oh, it's a very subtle form of
unspoken question and answer. How?
310
00:17:48,480 --> 00:17:50,700
Well, not all judges use it, but Rushman
does.
311
00:17:51,320 --> 00:17:55,060
I come into his courtroom at the
beginning of the case. We establish eye
312
00:17:55,060 --> 00:17:58,800
contact. His look says, are you going to
make trouble in here?
313
00:17:59,260 --> 00:18:03,360
Now. If my answering look is a bold one,
I'm in for it.
314
00:18:03,560 --> 00:18:07,860
But if I smile and lower my eyes, the
message is plain.
315
00:18:08,220 --> 00:18:10,820
Your Honor, I will not rock the judicial
boat.
316
00:18:11,040 --> 00:18:15,500
Your authority is unchallenged. Do you
know of any instances where a rushman
317
00:18:15,500 --> 00:18:16,439
behaves strangely?
318
00:18:16,440 --> 00:18:18,820
Look, I don't like the man, but I will
not attack him.
319
00:18:19,540 --> 00:18:20,700
There's a problem here.
320
00:18:21,060 --> 00:18:25,640
It has to do with some judges who are
still on the bench in their 70s and 80s.
321
00:18:25,760 --> 00:18:26,880
And the problem is?
322
00:18:27,760 --> 00:18:30,320
Senility. What do you think we're
talking about, measles?
323
00:18:36,300 --> 00:18:40,280
At the same rate, I drove a LaSalle for
over 200 ,000 miles.
324
00:18:40,480 --> 00:18:43,500
I'm talking about the machine that does
wear out. Right.
325
00:18:44,240 --> 00:18:46,100
This one judge is out of whack.
326
00:18:46,460 --> 00:18:48,260
And what gets done about that?
327
00:18:48,520 --> 00:18:52,520
Well, the Commission on Judicial
Performance has the power to investigate
328
00:18:52,520 --> 00:18:54,180
recommend removal or retirement.
329
00:18:55,110 --> 00:18:56,110
So what's the problem?
330
00:18:56,390 --> 00:19:00,270
Well, it's all very confidential and
secret, except that the judge under fire
331
00:19:00,270 --> 00:19:02,230
may find out who lit the match.
332
00:19:02,430 --> 00:19:06,630
And if the commission decides that the
charges are unfounded, the man who
333
00:19:06,630 --> 00:19:10,750
started it all is clutching a very thin,
swaying limb.
334
00:19:11,230 --> 00:19:14,270
But what constitutes unjudicial
behavior?
335
00:19:14,910 --> 00:19:17,850
Aha. That is indeed the question of
questions.
336
00:19:18,970 --> 00:19:21,090
Is it only eccentricity?
337
00:19:21,290 --> 00:19:23,850
Has he interfered with the judicial
process?
338
00:19:25,469 --> 00:19:28,130
In the Murillo case, Rushman's behavior
was outrageous.
339
00:19:28,650 --> 00:19:31,550
Well, if that's so, then the man you
should be talking to is the attorney who
340
00:19:31,550 --> 00:19:32,550
defended Murillo.
341
00:19:32,610 --> 00:19:34,990
Five will get you ten that he won't even
appeal the case.
342
00:19:35,410 --> 00:19:36,650
No, I'm not going to appeal.
343
00:19:37,030 --> 00:19:39,970
But if those things really happened, I
should think you'd have to ask for a new
344
00:19:39,970 --> 00:19:45,310
trial. Miss Newman, from the time we
enter law school, we are taught respect
345
00:19:45,310 --> 00:19:46,810
judiciary, honor the judges.
346
00:19:47,330 --> 00:19:50,310
And let's face it, most of us want to
eventually wind up on the bench.
347
00:19:50,790 --> 00:19:53,050
It just doesn't pay to lose friends.
348
00:19:53,710 --> 00:19:56,090
To be known as a troublemaker along the
way.
349
00:19:57,010 --> 00:19:58,450
You see that guy over there?
350
00:20:00,590 --> 00:20:01,810
He's a fat cat.
351
00:20:02,030 --> 00:20:04,730
He and his associates look at a million
dollars every year.
352
00:20:05,270 --> 00:20:06,950
I am not a fat cat.
353
00:20:07,270 --> 00:20:10,130
An appeal would help no one and it would
hurt me.
354
00:20:10,370 --> 00:20:14,150
How? I'd have to make the motion for the
new trial before the same judge who
355
00:20:14,150 --> 00:20:18,470
tried the case. That means Rushman would
have to reverse himself if he grants
356
00:20:18,470 --> 00:20:20,070
it. And of course he never will.
357
00:20:20,410 --> 00:20:21,410
He never has.
358
00:20:22,000 --> 00:20:23,180
Well, what can be done?
359
00:20:24,080 --> 00:20:28,560
Murillo could appeal to a higher court,
but he won't. Then you have to.
360
00:20:29,280 --> 00:20:30,960
I have a young family, Miss Newman.
361
00:20:31,360 --> 00:20:35,220
I depend on these judges for income.
That's how I got on the Murillo case.
362
00:20:35,220 --> 00:20:38,720
public defender's office was swamped, so
they authorized an outside attorney.
363
00:20:39,240 --> 00:20:42,880
The bucks are a joke, but they're the
only bucks I've seen in three weeks.
364
00:20:43,260 --> 00:20:44,760
That's the beginning and the end of it?
365
00:20:45,000 --> 00:20:46,000
The bucks?
366
00:20:47,300 --> 00:20:50,860
What about a guy like Murillo, who's
facing four years in state prison?
367
00:20:53,040 --> 00:20:55,560
I have a few bad nights.
368
00:20:57,260 --> 00:21:00,140
But then the milk bill comes or the
pediatrician calls.
369
00:21:01,300 --> 00:21:02,440
I don't have an answer.
370
00:21:03,440 --> 00:21:05,800
If you've got one, please tell me.
371
00:21:06,500 --> 00:21:07,820
I really would like to know.
372
00:21:27,400 --> 00:21:28,960
He answered an attorney with a
raspberry?
373
00:21:29,540 --> 00:21:31,980
People can laugh at that old man. It's
beyond me.
374
00:21:32,560 --> 00:21:33,539
So what do you think?
375
00:21:33,540 --> 00:21:35,200
I think maybe we ought to take a run at
him.
376
00:21:35,580 --> 00:21:39,100
Maybe focus on one case, like the
Murillo case.
377
00:21:40,080 --> 00:21:43,580
Has anybody talked to him? He couldn't
make bail. He's being held downtown
378
00:21:43,580 --> 00:21:44,640
pending sentencing.
379
00:21:45,500 --> 00:21:46,500
Get down there.
380
00:21:50,620 --> 00:21:51,680
No, please.
381
00:21:53,060 --> 00:21:54,320
It was all right.
382
00:21:55,000 --> 00:21:59,840
Everything was all right. You don't
understand. We are trying to help you.
383
00:21:59,840 --> 00:22:01,860
way you can help me is not to help me.
384
00:22:03,320 --> 00:22:04,980
The judge is a good man.
385
00:22:05,700 --> 00:22:08,100
The trial was fair. The judge was fair.
386
00:22:08,760 --> 00:22:10,100
There was nothing wrong.
387
00:22:10,800 --> 00:22:13,820
Aren't you afraid that this judge is
going to give you the maximum sentence?
388
00:22:14,140 --> 00:22:15,140
Listen, mister.
389
00:22:15,380 --> 00:22:16,680
He is the judge.
390
00:22:17,700 --> 00:22:20,140
Me, I just pump gas and rose mid
-boulevard.
391
00:22:21,780 --> 00:22:23,560
Whatever he does, it's all right.
392
00:22:24,330 --> 00:22:25,730
You believe me, it's all right.
393
00:22:25,930 --> 00:22:27,170
I don't need no help.
394
00:22:27,770 --> 00:22:30,350
My girl said that. She the crazy one.
395
00:22:30,770 --> 00:22:33,250
You think he's afraid to say anything
against Judge Rushman?
396
00:22:33,810 --> 00:22:36,330
They can't do anything to him for
speaking the truth.
397
00:22:36,630 --> 00:22:38,730
That's easy for you and me to say. We
are outside.
398
00:22:39,430 --> 00:22:43,030
But he's stuck inside, in a cage, like
an animal.
399
00:22:43,370 --> 00:22:44,370
He's afraid.
400
00:22:45,730 --> 00:22:47,530
What happened that night at the bar?
401
00:22:47,850 --> 00:22:48,990
He don't start the fight.
402
00:22:49,450 --> 00:22:51,390
The man comes in already drunk.
403
00:22:52,100 --> 00:22:53,960
He wants the money Esteban owes him.
404
00:22:55,240 --> 00:22:56,540
Esteban says he don't have it.
405
00:22:57,080 --> 00:22:58,300
So the man gets ugly.
406
00:22:59,080 --> 00:23:00,200
And Esteban leaves.
407
00:23:00,700 --> 00:23:03,080
See, because he don't want no trouble.
408
00:23:03,300 --> 00:23:04,300
But he makes a mistake.
409
00:23:04,720 --> 00:23:05,720
And he comes back.
410
00:23:06,080 --> 00:23:07,080
For the weapon?
411
00:23:07,440 --> 00:23:08,440
No.
412
00:23:09,460 --> 00:23:11,840
With the ten dollars that he was keeping
for my birthday.
413
00:23:13,140 --> 00:23:14,780
He tries to give it to the man.
414
00:23:15,000 --> 00:23:16,400
Did he take it? No.
415
00:23:16,760 --> 00:23:18,420
He gets more drunk and more ugly.
416
00:23:19,220 --> 00:23:20,580
He don't want the ten dollars.
417
00:23:21,000 --> 00:23:22,000
He wants it all.
418
00:23:22,480 --> 00:23:23,900
So he grabs Esteban.
419
00:23:24,180 --> 00:23:25,920
And he don't want to listen. No way.
420
00:23:26,340 --> 00:23:27,700
So Esteban hit him.
421
00:23:28,300 --> 00:23:29,320
And the man falls.
422
00:23:30,360 --> 00:23:31,360
And he dies.
423
00:23:34,300 --> 00:23:36,240
Has he ever been in trouble before?
424
00:23:37,100 --> 00:23:38,100
Esteban.
425
00:23:38,920 --> 00:23:39,920
Yes.
426
00:23:40,320 --> 00:23:41,420
He used to cut school.
427
00:23:42,660 --> 00:23:44,800
Him and me cut school and went to the
movies.
428
00:23:49,060 --> 00:23:52,540
Mr. Alcorta, you recently served as a
member of the Commission on Judicial
429
00:23:52,540 --> 00:23:53,800
Performance. That's true.
430
00:23:54,080 --> 00:23:55,080
Please sit down.
431
00:23:55,620 --> 00:23:58,600
I was one of the two lawyers appointed
by the bar.
432
00:23:59,500 --> 00:24:01,780
The others are judges, private citizens.
433
00:24:02,660 --> 00:24:06,540
And your job is to investigate and act
on reports of judicial impropriety.
434
00:24:06,780 --> 00:24:07,679
That's right.
435
00:24:07,680 --> 00:24:09,540
Why haven't you acted in Judge Rushman's
case?
436
00:24:11,560 --> 00:24:12,800
I don't get it. What's so funny?
437
00:24:13,680 --> 00:24:17,540
Oh, I was just thinking of all the
letters we've gotten asking the same
438
00:24:17,540 --> 00:24:18,540
question.
439
00:24:18,990 --> 00:24:21,850
They're probably still getting them. And
then what? You all sit around the
440
00:24:21,850 --> 00:24:22,870
envelopes chuckling at them?
441
00:24:23,970 --> 00:24:26,110
The work of the commission is very
sensitive.
442
00:24:27,750 --> 00:24:29,490
There's the problem of potential damage.
443
00:24:29,890 --> 00:24:31,090
Of character assassination.
444
00:24:32,030 --> 00:24:33,450
Do you understand?
445
00:24:34,330 --> 00:24:35,490
Yes. Good.
446
00:24:36,670 --> 00:24:41,370
Since what we do is secret, how do you
know we have not acted in the case of
447
00:24:41,370 --> 00:24:42,370
Judge Rushman?
448
00:24:42,650 --> 00:24:43,650
Wait a minute.
449
00:24:43,950 --> 00:24:44,950
Wait a minute.
450
00:24:45,550 --> 00:24:48,470
Are you hinting that the commission
admonished him and he's ignored it?
451
00:24:48,970 --> 00:24:50,510
Did I really say all that?
452
00:24:52,110 --> 00:24:53,770
Let's take a hypothetical case.
453
00:24:54,090 --> 00:24:59,330
All right, let's talk about Judge X, a
man with an illustrious career behind
454
00:24:59,330 --> 00:25:02,550
him. Let's say that he's been on the
bench too long and he's breaking down.
455
00:25:03,470 --> 00:25:06,830
No intentional malfeasance, just
breaking down.
456
00:25:07,290 --> 00:25:10,530
But intent doesn't matter, does it? The
man's dangerous because he can't cut it
457
00:25:10,530 --> 00:25:16,110
anymore. My point is that in a case like
that, the commission might move with a
458
00:25:16,110 --> 00:25:17,550
little more humanity.
459
00:25:18,350 --> 00:25:22,030
Then I can say that the Commission on
Judicial Performance is moving now in
460
00:25:22,030 --> 00:25:23,850
case of Judge Rushman. Judge Rushman?
461
00:25:26,030 --> 00:25:28,110
Surely we were discussing Judge X.
462
00:25:29,550 --> 00:25:34,010
Having gone over the transcript of the
Murillo trial, to my untrained, unlegal
463
00:25:34,010 --> 00:25:35,290
eye, seems like it was fair.
464
00:25:35,650 --> 00:25:36,650
Oh, it does, huh?
465
00:25:37,830 --> 00:25:38,830
Yes.
466
00:25:39,130 --> 00:25:40,130
Absolutely.
467
00:25:40,790 --> 00:25:44,990
Well? The trial was a joke. Like that
transcript's a joke.
468
00:25:45,250 --> 00:25:46,149
How so?
469
00:25:46,150 --> 00:25:47,730
Well, for one thing, it's been edited.
470
00:25:48,330 --> 00:25:49,330
Heavily edited.
471
00:25:49,850 --> 00:25:52,530
It's not supposed to be, but
occasionally it happens.
472
00:25:53,030 --> 00:25:54,070
Can you prove it?
473
00:25:54,450 --> 00:25:57,710
No, I've only got my memory. There's no
one to back me up about what really
474
00:25:57,710 --> 00:25:59,950
happened. You know, it's a serious
charge.
475
00:26:01,530 --> 00:26:04,210
Tell me about what really happened.
476
00:26:04,810 --> 00:26:10,910
Well... Take this redirect to one of my
character witnesses for Murillo.
477
00:26:11,190 --> 00:26:13,230
Now, you have to imagine the setting.
478
00:26:13,490 --> 00:26:14,950
Full jewelry in the box.
479
00:26:15,360 --> 00:26:20,600
and His Honor Justice Felix Rushman on
the bench, exhibiting his usual keen
480
00:26:20,600 --> 00:26:22,200
awareness of the proceedings.
481
00:26:23,100 --> 00:26:26,100
Asleep. You didn't find that in the
transcripts, did you?
482
00:26:29,340 --> 00:26:32,400
Would the record please indicate that
the judge is sleeping?
483
00:26:33,220 --> 00:26:34,860
The record doesn't show that, does it?
484
00:26:39,180 --> 00:26:40,240
Not that I can find.
485
00:26:40,520 --> 00:26:41,720
And look at this right here.
486
00:26:42,790 --> 00:26:45,510
That doesn't seem to be anything out of
the ordinary. You asked a question, the
487
00:26:45,510 --> 00:26:46,309
witness answered.
488
00:26:46,310 --> 00:26:47,990
Does it say anything about what Rushman
did?
489
00:26:48,630 --> 00:26:49,650
He didn't open his mouth.
490
00:26:50,190 --> 00:26:51,190
He didn't have to.
491
00:26:53,170 --> 00:26:59,750
Now, Mr. Ramirez, on the night of the
accident... On
492
00:26:59,750 --> 00:27:04,910
the night of the accident, you were in
the bar with Esteban Murillo?
493
00:27:05,290 --> 00:27:06,530
Yes, he's my friend.
494
00:27:06,830 --> 00:27:08,970
And to the best of your knowledge, had
he been drinking?
495
00:27:09,590 --> 00:27:10,590
Maybe a beer.
496
00:27:11,010 --> 00:27:12,510
Stella Mourieu is not a drinker.
497
00:27:15,690 --> 00:27:17,770
Your Honor, this is becoming very
difficult.
498
00:27:18,130 --> 00:27:19,650
Yeah, I was just thinking the same
thing.
499
00:27:20,390 --> 00:27:21,610
Strike those last remarks.
500
00:27:21,990 --> 00:27:25,630
I would like the record to show that the
judge was making faces while I was
501
00:27:25,630 --> 00:27:28,490
questioning the witness. I would like to
learn that counsel never shut his trap.
502
00:27:29,050 --> 00:27:30,310
Strike those remarks, too.
503
00:27:30,590 --> 00:27:33,870
He sat there making faces at the jury?
That's what his girl said happened.
504
00:27:34,070 --> 00:27:34,849
It's true.
505
00:27:34,850 --> 00:27:38,450
Too bad they don't allow cameras during
a trial. And there were other things.
506
00:27:38,760 --> 00:27:42,480
A couple of times he made veiled
references and not -so -veiled
507
00:27:42,480 --> 00:27:44,320
my client's ethnic origin. How?
508
00:27:44,580 --> 00:27:46,700
He called him a beanie. A beanie?
509
00:27:47,360 --> 00:27:48,360
It's a little hat.
510
00:27:48,880 --> 00:27:50,380
No, he meant bean -eater.
511
00:27:50,860 --> 00:27:51,860
Chicano? Mexican?
512
00:27:52,040 --> 00:27:53,040
That's incredible.
513
00:27:53,300 --> 00:27:56,560
Of course, the jury had already been
taken out for the day, so they didn't
514
00:27:56,560 --> 00:27:59,000
it. But still, it shows where his head
is at.
515
00:27:59,760 --> 00:28:01,400
You're going to appeal this case, right?
516
00:28:01,980 --> 00:28:02,980
No.
517
00:28:03,640 --> 00:28:04,640
I can't.
518
00:28:05,080 --> 00:28:06,380
I told your reporter why.
519
00:28:06,680 --> 00:28:08,520
Well... Somebody has to.
520
00:28:08,880 --> 00:28:11,000
Because Murillo's too scared to walk
across the room.
521
00:28:11,440 --> 00:28:15,140
I mean, here's this killer, sitting in a
cell, shaking with the thought of
522
00:28:15,140 --> 00:28:17,780
making waves against a judge or anyone
with authority.
523
00:28:18,000 --> 00:28:19,000
He's not the only one.
524
00:28:19,480 --> 00:28:21,080
That's the way it is.
525
00:28:21,740 --> 00:28:24,480
Well, that's not the way it is here.
526
00:28:24,960 --> 00:28:29,160
And if it really is that way, I mean, if
everybody thinks that this man's antics
527
00:28:29,160 --> 00:28:32,380
will just go away like a bad dream, then
we'll do something.
528
00:28:33,440 --> 00:28:34,500
I'll do something.
529
00:28:34,900 --> 00:28:35,900
Do what?
530
00:28:36,400 --> 00:28:37,339
I don't know.
531
00:28:37,340 --> 00:28:39,520
Can we talk over some options available
to us?
532
00:28:40,300 --> 00:28:41,480
Including hands -off?
533
00:28:42,100 --> 00:28:44,540
I hadn't thought of including that, no.
534
00:28:45,540 --> 00:28:48,660
Would you if I told you I got a call
from Judge Rushman this morning?
535
00:28:49,520 --> 00:28:52,600
Only if he called to announce his
retirement from the bench.
536
00:28:52,960 --> 00:28:55,880
Ah, that would take the wind out of your
sails, wouldn't it?
537
00:28:56,520 --> 00:28:58,880
No, I'm afraid that didn't come up in
our conversation.
538
00:28:59,520 --> 00:29:00,540
Other things did.
539
00:29:01,400 --> 00:29:05,760
Subjects like, uh, oh, journalistic
harassment, million -dollar lawsuits.
540
00:29:06,400 --> 00:29:07,500
Flander and libel?
541
00:29:07,700 --> 00:29:10,900
You know, the usual banter you get from
a man who's livid with rage.
542
00:29:11,360 --> 00:29:12,500
He threatened us?
543
00:29:13,060 --> 00:29:16,340
Was he belligerent? I've known him for
many years, Mr. Grant.
544
00:29:16,880 --> 00:29:19,880
He is always charming, even when he
threatens.
545
00:29:21,540 --> 00:29:25,260
Well, I've been doing some homework on
our legal position.
546
00:29:26,000 --> 00:29:29,540
There have been many court cases where
newspapers have taken on the judiciary.
547
00:29:30,240 --> 00:29:34,680
Each time, maybe with one exception, the
Supreme Court has backed the press.
548
00:29:35,210 --> 00:29:37,370
So you think we should do what?
549
00:29:37,710 --> 00:29:38,710
Take a stand.
550
00:29:38,910 --> 00:29:42,710
Publish everything we know about him. He
is an argument for mandatory retirement
551
00:29:42,710 --> 00:29:46,110
of judges at age 70. I don't believe in
mandatory retirement.
552
00:29:47,110 --> 00:29:49,610
Justice Warren served until 78.
553
00:29:50,630 --> 00:29:51,870
Brandeis until 83.
554
00:29:52,510 --> 00:29:54,610
And Oliver Wendell Holmes was 91.
555
00:29:55,110 --> 00:30:01,390
Well, I don't remember any Supreme Court
decisions that said...
556
00:30:01,390 --> 00:30:03,530
Barney Hush.
557
00:30:05,379 --> 00:30:09,560
Whatever we do, I'd like to see what he
has to say. Can we get him up here for a
558
00:30:09,560 --> 00:30:10,519
talk?
559
00:30:10,520 --> 00:30:11,419
Why, Mr.
560
00:30:11,420 --> 00:30:15,740
Grant, what a tolerant gesture on your
part.
561
00:30:16,500 --> 00:30:19,300
I wish you didn't seem quite that
surprised.
562
00:30:22,220 --> 00:30:25,480
You say they've been all over the
building?
563
00:30:25,940 --> 00:30:26,940
Yes, Judge.
564
00:30:28,540 --> 00:30:29,540
What's that game?
565
00:30:31,320 --> 00:30:33,300
What kind of questions are they asking
you?
566
00:30:34,280 --> 00:30:35,420
I don't know, Your Honor.
567
00:30:36,260 --> 00:30:37,780
It's very nice of you to say that.
568
00:30:38,920 --> 00:30:41,560
But we both do know, don't we?
569
00:30:43,720 --> 00:30:46,040
Come on. Come on, Emily. Get out of
here.
570
00:30:52,500 --> 00:30:52,980
I
571
00:30:52,980 --> 00:31:03,600
won't
572
00:31:03,600 --> 00:31:04,600
do it.
573
00:31:09,230 --> 00:31:10,230
Poking at a bear.
574
00:31:12,390 --> 00:31:15,870
I'll be sorry they ever started this,
those damn fools.
575
00:31:24,690 --> 00:31:25,690
I'll get it.
576
00:31:27,970 --> 00:31:28,970
City desk, grab.
577
00:31:30,170 --> 00:31:31,170
I'll be right up.
578
00:31:32,850 --> 00:31:34,530
Ernibs? How'd you know?
579
00:31:34,870 --> 00:31:37,010
Stop taking catches in the throat. We
all do it.
580
00:31:53,610 --> 00:31:54,229
I depend.
581
00:31:54,230 --> 00:31:57,870
The mastermind behind this insidious
campaign of harassment.
582
00:31:59,750 --> 00:32:04,270
There is no campaign of harassment or
anything else.
583
00:32:05,170 --> 00:32:08,910
What there is, is concern.
584
00:32:09,210 --> 00:32:12,390
Oh, a much overused word, a good
smokescreen.
585
00:32:12,630 --> 00:32:15,970
The high priests of Jerusalem, they were
concerned about Christ's popularity
586
00:32:15,970 --> 00:32:18,530
with the people. The Inquisition was
concerned.
587
00:32:18,850 --> 00:32:21,110
Oh, boy, were they concerned with
heresy.
588
00:32:21,610 --> 00:32:24,990
One man's concern about the thoughts and
actions of another man.
589
00:32:25,430 --> 00:32:27,110
That's done a lot of good in this world.
590
00:32:27,330 --> 00:32:30,490
The reason... For example, right now I'm
concerned about you and this newspaper.
591
00:32:30,910 --> 00:32:33,290
There's no telling what form my concern
might take.
592
00:32:33,610 --> 00:32:35,270
I'd be very cautious if I were you.
593
00:32:35,570 --> 00:32:39,390
Is that a threat, sir? I'm sure that the
judge wouldn't stoop to make... No, I'd
594
00:32:39,390 --> 00:32:41,950
stoop. I wouldn't stop at stooping, no,
sir.
595
00:32:44,290 --> 00:32:47,770
Judge Rushman, we are planning to
publish a story.
596
00:32:48,240 --> 00:32:51,240
About your behavior on the bench. And I
thought you should know about it
597
00:32:51,240 --> 00:32:53,540
beforehand because it's not going to be
very kind, I'm afraid.
598
00:32:53,900 --> 00:32:56,220
And I thought you should have a chance
to look at it beforehand.
599
00:32:56,540 --> 00:33:00,020
Oh, you think you're on to a hot story,
don't you? A big, exciting story, huh?
600
00:33:00,680 --> 00:33:02,980
Well, it wouldn't be very exciting if I
retired, would it?
601
00:33:03,640 --> 00:33:04,980
What would you write about then, huh?
602
00:33:06,160 --> 00:33:07,200
Are you going to retire?
603
00:33:07,460 --> 00:33:08,460
Sure.
604
00:33:08,980 --> 00:33:10,100
When they don't re -elect me.
605
00:33:10,980 --> 00:33:13,440
You know, that's the rotten thing about
a democratic republic.
606
00:33:13,880 --> 00:33:16,420
You can't impose your will on the
people.
607
00:33:18,440 --> 00:33:21,820
We can let them know about you, as long
as you stay on the bench.
608
00:33:22,500 --> 00:33:28,580
You know, I came over here to talk to
you about the laws dealing with libel
609
00:33:28,580 --> 00:33:30,540
slander, part of our civil code.
610
00:33:31,200 --> 00:33:35,460
Now we can also discuss blackmail, which
I'm happy to say is a felony.
611
00:33:35,760 --> 00:33:39,020
Wait a minute. Oh, boy, have you gotten
into it with your feet now, huh?
612
00:33:41,100 --> 00:33:42,340
Let's go into specifics.
613
00:33:43,540 --> 00:33:47,040
I'd like you to hear the specific points
we're going to raise about you.
614
00:33:47,920 --> 00:33:49,360
All right, all right, go ahead.
615
00:33:50,120 --> 00:33:54,280
And I'll start thinking about that brief
I'm going to file against you and your
616
00:33:54,280 --> 00:33:55,840
canary -colored tabloid.
617
00:33:58,460 --> 00:34:03,160
On March 18th, you left the bench in the
middle of an attorney's motion and came
618
00:34:03,160 --> 00:34:05,740
back with a magazine which you started
to read while the trial went on.
619
00:34:06,680 --> 00:34:07,700
Do you have any comment on that?
620
00:34:07,940 --> 00:34:10,100
Yes. It was a very dull article. Go on.
621
00:34:10,659 --> 00:34:15,620
I have one, two, four instances
documented here.
622
00:34:16,590 --> 00:34:20,790
where you went to sleep during a trial,
all in the past month.
623
00:34:21,050 --> 00:34:23,070
Well, it was a particularly boring
month.
624
00:34:23,290 --> 00:34:27,870
Judge Rutherford, your attitude is
frightening. My dear lady, I'm up on
625
00:34:27,870 --> 00:34:29,030
bench to adjudicate.
626
00:34:29,750 --> 00:34:32,510
The case is presented to the jury, not
to the judge.
627
00:34:33,250 --> 00:34:37,389
An effort's all over, and their verdict
is in. Well, then I impose the sentence,
628
00:34:37,590 --> 00:34:40,070
as prescribed by the California Criminal
Code.
629
00:34:40,290 --> 00:34:41,290
But you have latitude.
630
00:34:41,800 --> 00:34:46,280
I pride myself that I don't turn
criminals loose on society one minute
631
00:34:46,280 --> 00:34:47,280
than I have to.
632
00:34:47,380 --> 00:34:49,760
Are you including Esteban Murillo in
that?
633
00:34:50,739 --> 00:34:52,400
Oh. Oh.
634
00:34:53,300 --> 00:34:54,800
That's what this is all about, huh?
635
00:34:55,080 --> 00:35:00,620
The poor minorities, the downtrodden,
the victims of society.
636
00:35:01,720 --> 00:35:03,260
That wasn't my point.
637
00:35:04,240 --> 00:35:05,240
Oh.
638
00:35:05,880 --> 00:35:07,940
I was the same way when I was young.
639
00:35:08,840 --> 00:35:14,310
After 34 years on the bench, Watching
them all parade before me.
640
00:35:15,110 --> 00:35:16,110
Them?
641
00:35:16,670 --> 00:35:18,090
You know what I'm talking about.
642
00:35:19,270 --> 00:35:20,270
Bigotry.
643
00:35:21,070 --> 00:35:22,070
Realism.
644
00:35:23,890 --> 00:35:27,690
Has the Commission on Judicial
Performance contacted you in any way?
645
00:35:29,890 --> 00:35:32,470
Now, that's something you'd really like
to know about, isn't it?
646
00:35:32,890 --> 00:35:35,010
Off the record, we know their work is
secret.
647
00:35:35,250 --> 00:35:36,430
Off the record? Yes.
648
00:35:38,810 --> 00:35:39,810
Well...
649
00:35:41,450 --> 00:35:45,090
Off the record, I'm not going to tell
you.
650
00:35:46,850 --> 00:35:50,370
I'm 74 years old, and I'm tougher than
you are.
651
00:35:52,310 --> 00:35:53,730
Is your digestion good?
652
00:35:54,610 --> 00:35:55,610
Mine is.
653
00:35:56,090 --> 00:35:58,270
Your feet get pins and needles when you
sit too long?
654
00:35:58,750 --> 00:35:59,970
Can you count above 100?
655
00:36:01,050 --> 00:36:05,210
Yes, I'm 74 years old, and you all
thought I'd fall apart when you sprung
656
00:36:05,210 --> 00:36:06,370
charges on me, didn't you?
657
00:36:07,970 --> 00:36:08,970
No, sir.
658
00:36:10,120 --> 00:36:13,740
You would have loved that. You and all
my other enemies. You would have loved
659
00:36:13,740 --> 00:36:14,740
that, wouldn't you?
660
00:36:15,520 --> 00:36:18,140
I've seen them parade in front of me.
661
00:36:19,300 --> 00:36:20,400
I know what they're thinking.
662
00:36:22,540 --> 00:36:26,560
I hear the lives being ripped apart by
guns and knives.
663
00:36:29,100 --> 00:36:30,400
I see those faces.
664
00:36:31,480 --> 00:36:33,780
Those sullen faces in the jungle.
665
00:36:34,900 --> 00:36:37,720
That's what it is. It's a... It's a
jungle.
666
00:36:39,560 --> 00:36:40,960
And none of you can touch me.
667
00:36:41,720 --> 00:36:42,720
None of you.
668
00:36:43,760 --> 00:36:50,460
Because I'm up there, looking down,
looking down from a tree, seeing you all
669
00:36:50,460 --> 00:36:51,680
stalk me.
670
00:36:53,380 --> 00:36:54,380
All of you.
671
00:36:55,280 --> 00:36:57,240
You damned animals.
672
00:36:59,120 --> 00:37:00,120
You.
673
00:37:01,180 --> 00:37:02,180
You enemies.
674
00:37:16,840 --> 00:37:19,500
newspaper man, I covered the courts.
675
00:37:21,420 --> 00:37:26,860
The saddest stories I remember are the
justices who stayed on the bench too
676
00:37:26,860 --> 00:37:27,860
long.
677
00:37:36,120 --> 00:37:38,220
There's more to life than there's to
you.
678
00:37:52,490 --> 00:37:53,169
How's it going?
679
00:37:53,170 --> 00:37:56,730
If we polish it anymore, you could cut a
diamond with it. Just want to be sure
680
00:37:56,730 --> 00:37:57,509
it doesn't hurt.
681
00:37:57,510 --> 00:37:59,250
What was the legal department's
reaction?
682
00:37:59,710 --> 00:38:00,970
They only had one suggestion.
683
00:38:01,330 --> 00:38:02,530
Throw the whole thing out.
684
00:38:02,790 --> 00:38:03,830
They're always nervous.
685
00:38:04,210 --> 00:38:06,250
Wait till they read about that incident
with his clerk.
686
00:38:06,630 --> 00:38:07,630
Which incident?
687
00:38:08,170 --> 00:38:10,950
We had to do a lot of digging. Nobody
wanted to talk about it.
688
00:38:11,790 --> 00:38:14,910
One day, she was helping him off with
his robes and chambers, and he was dark
689
00:38:14,910 --> 00:38:15,910
naked underneath.
690
00:38:15,930 --> 00:38:18,590
Poor lady. She screamed. The bailiff
came on the run.
691
00:38:18,930 --> 00:38:21,290
I think we got enough about his being
naked. Let's lose it.
692
00:38:22,080 --> 00:38:23,080
Another cover -up.
693
00:38:24,920 --> 00:38:25,920
Where are you going?
694
00:38:26,720 --> 00:38:29,840
You know, this guy, he's not a criminal.
He's done a lot in his lifetime, a lot
695
00:38:29,840 --> 00:38:30,698
of good stuff.
696
00:38:30,700 --> 00:38:32,920
The least I can do is show him this
story ahead of time as a courtesy.
697
00:38:33,660 --> 00:38:34,920
What are you yelling at me for?
698
00:38:35,160 --> 00:38:36,160
Well, I don't know.
699
00:38:39,980 --> 00:38:46,200
Of course, I
700
00:38:46,200 --> 00:38:48,640
can't stop you from publishing that.
701
00:38:49,300 --> 00:38:50,740
That would be prior restraint.
702
00:38:51,660 --> 00:38:56,300
But there are laws designed to punish
even the press after publication.
703
00:38:57,020 --> 00:38:58,280
Every word is true.
704
00:38:58,640 --> 00:39:00,840
Fortunately, the truth is no defense.
705
00:39:02,260 --> 00:39:03,860
Craig v. Harney, 1947.
706
00:39:04,100 --> 00:39:08,120
Supreme Court ruling that whatever
transpires in open court is public
707
00:39:08,600 --> 00:39:13,040
There are at least four recent trials
that we know of where you gave the
708
00:39:13,040 --> 00:39:15,340
defendant a very pointy stick.
709
00:39:15,840 --> 00:39:17,040
Now, that's your opinion.
710
00:39:18,100 --> 00:39:20,400
Mine is diametrically at variance.
711
00:39:23,500 --> 00:39:25,540
Am I really so terrible, Mr. Grant?
712
00:39:28,620 --> 00:39:30,500
I think you've stopped listening from up
there.
713
00:39:31,280 --> 00:39:34,580
You rely on other less qualified
people's judgments.
714
00:39:35,180 --> 00:39:38,180
Or you've made up your mind before the
first pitch.
715
00:39:38,860 --> 00:39:40,220
What kind of ballgame is that?
716
00:39:43,380 --> 00:39:48,260
You know, when I was a young boy, I
thought I had to go to court.
717
00:39:49,040 --> 00:39:50,760
And I saw him standing there.
718
00:39:51,340 --> 00:39:57,180
nervously turning his fat in his hand,
looking up at that man in the black robe
719
00:39:57,180 --> 00:39:58,360
sitting high above him.
720
00:39:58,900 --> 00:40:00,420
And I thought, who is this man?
721
00:40:00,820 --> 00:40:07,440
What power does he have that my father,
my strong father, standing there with
722
00:40:07,440 --> 00:40:11,640
his head bowed, his voice so small, so
faint?
723
00:40:12,620 --> 00:40:16,860
Well, I became that man in the black
robe sitting high in judgment.
724
00:40:17,640 --> 00:40:18,940
I became that...
725
00:40:19,560 --> 00:40:22,320
that reduced my father to a frightened
man.
726
00:40:23,120 --> 00:40:25,140
I think I've used that power well.
727
00:40:27,220 --> 00:40:28,220
Until recently.
728
00:40:30,360 --> 00:40:32,200
You're not going to get rid of me
without a fight.
729
00:40:33,760 --> 00:40:35,780
Judge Rushman, it's not going to take a
fight.
730
00:40:36,080 --> 00:40:39,180
You've got the commission closing in on
you. You've got this article coming out
731
00:40:39,180 --> 00:40:40,180
tomorrow.
732
00:40:40,200 --> 00:40:42,020
You're not going to be able to hang on.
733
00:40:42,460 --> 00:40:44,280
I think you've got enough left to know
that.
734
00:40:51,180 --> 00:40:53,440
If I were you, that's just what I'd say.
735
00:40:56,820 --> 00:40:57,980
What will happen inside?
736
00:40:58,360 --> 00:41:01,520
Oh, he'll ask if there's any legal
reason why a sentence shouldn't be
737
00:41:01,520 --> 00:41:02,339
at this time.
738
00:41:02,340 --> 00:41:05,600
And I'll say yes and get up and make the
usual motion for a new trial.
739
00:41:06,040 --> 00:41:08,800
And then he'll say denied and hit him
with the maximum.
740
00:41:09,120 --> 00:41:10,240
You think he'll get the maximum?
741
00:41:10,700 --> 00:41:14,020
Are you kidding? After what's happened
over this, Rushman's probably upset we
742
00:41:14,020 --> 00:41:15,500
don't have a devil's island for Esteban.
743
00:41:32,830 --> 00:41:37,010
He's in a foul mood. He almost swung on
his bailiff, I heard. Oh, that's great.
744
00:41:37,830 --> 00:41:38,970
Good luck. See you later.
745
00:42:06,380 --> 00:42:09,620
Be seated and come to order. Superior
Court, County of Los Angeles, Department
746
00:42:09,620 --> 00:42:10,399
is in session.
747
00:42:10,400 --> 00:42:12,480
Put all reading material away. No
smoking.
748
00:42:12,760 --> 00:42:15,200
The Honorable Felix Rushman, Judge
presiding.
749
00:42:16,160 --> 00:42:19,480
Are all parties in the case, the people
versus Mario, present?
750
00:42:20,000 --> 00:42:21,000
Yes, Your Honor.
751
00:42:21,080 --> 00:42:22,080
Present, Your Honor.
752
00:42:22,220 --> 00:42:25,380
Is there any legal reason why sentence
should not be pronounced at this time?
753
00:42:25,560 --> 00:42:30,880
Your Honor, if the court please, I would
like a ruling on my written motion for
754
00:42:30,880 --> 00:42:31,658
a new trial.
755
00:42:31,660 --> 00:42:34,100
Do you plan to argue your motion orally?
756
00:42:35,080 --> 00:42:36,220
I don't think so, Your Honor.
757
00:42:36,440 --> 00:42:37,700
It's all in the submitted brief.
758
00:42:38,320 --> 00:42:40,800
Very well, Counselor. Make your formal
motion for the record.
759
00:42:42,240 --> 00:42:45,620
I move a new trial be granted to
defendant Esteban Murillo.
760
00:42:51,700 --> 00:42:52,700
Motion is granted.
761
00:43:07,050 --> 00:43:08,270
Court will recess for 20 minutes.
762
00:43:11,130 --> 00:43:15,830
I'll be damned. I think he's finished.
763
00:43:16,050 --> 00:43:17,250
The man reversed himself.
764
00:43:23,470 --> 00:43:25,170
Good God. Good God.
765
00:43:25,570 --> 00:43:26,570
Very good.
766
00:43:27,150 --> 00:43:28,150
Mr. Grant.
767
00:43:28,250 --> 00:43:30,550
Judge Rushman would like to see you in
chambers.
768
00:43:31,590 --> 00:43:32,590
Oh, yes.
769
00:43:32,830 --> 00:43:33,830
Sure.
770
00:43:52,910 --> 00:43:53,950
to know about the story?
771
00:43:58,050 --> 00:43:59,050
No.
772
00:43:59,790 --> 00:44:02,750
I was actually wondering whether you
could recommend a good book on trout
773
00:44:02,750 --> 00:44:03,750
fishing.
774
00:44:04,890 --> 00:44:07,850
I understand some people get positively
religious about it.
775
00:44:09,050 --> 00:44:12,010
Fanatical about its relaxing properties.
776
00:44:13,950 --> 00:44:15,590
I'll see what I can do about it.
777
00:44:31,720 --> 00:44:32,538
the Rushman piece.
778
00:44:32,540 --> 00:44:34,720
I think it wound up on page 35 or 36.
779
00:44:41,940 --> 00:44:45,360
History was made in Superior Court today
when a veteran judge who was never
780
00:44:45,360 --> 00:44:48,940
reversed in his 34 years on the bench
reversed himself.
781
00:44:50,000 --> 00:44:55,920
Judge Felix Rushman, 74, granted Esteban
Murillo, 26, a new trial on the motion.
782
00:44:58,410 --> 00:45:01,210
Some of the people here thought we
should have run the whole story on
783
00:45:01,210 --> 00:45:02,570
anyway. Play it all up.
784
00:45:04,030 --> 00:45:05,030
No.
785
00:45:05,470 --> 00:45:06,470
It's over.
786
00:45:10,750 --> 00:45:11,750
Come on.
787
00:45:13,470 --> 00:45:14,470
I'll buy you a drink.
788
00:45:14,950 --> 00:45:16,330
Only if I can buy the second.
789
00:45:17,230 --> 00:45:18,230
Okay.
790
00:45:19,150 --> 00:45:20,610
I'll take the third and fourth.
791
00:45:21,110 --> 00:45:22,170
The fifth is mine.
792
00:45:22,770 --> 00:45:25,550
I was going to say I'll take the fifth,
but...
63205
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