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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:03,189 --> 00:00:07,470 Previously on L .A. Law. If you think you're going to step into the void left 2 00:00:07,470 --> 00:00:10,230 my absence so that you can... I've never seen any void. 3 00:00:11,790 --> 00:00:14,830 You think you're this tough, lady? Don't take me on, Ann. 4 00:00:16,610 --> 00:00:21,230 I don't know what your relationship is with this woman. I don't want to know. I 5 00:00:21,230 --> 00:00:23,610 mean, that's for you to figure out. 6 00:00:25,230 --> 00:00:28,510 I mean, there's nothing between Grace and me but friendship. 7 00:00:29,230 --> 00:00:31,690 I don't know you well enough to know if you're lying. 8 00:00:32,940 --> 00:00:34,720 But someday I'm going to pick the expression. 9 00:00:36,400 --> 00:00:39,340 Something tells me to look a lot like the one you're wearing right now. 10 00:00:40,460 --> 00:00:45,160 I'm not a wild beast, no matter what you would like these people to believe. 11 00:00:45,420 --> 00:00:48,720 I am a human being, and I did not kill anyone! 12 00:00:51,740 --> 00:00:55,580 In the matter of the people versus Earl Williams, we, the jury, having 13 00:00:55,580 --> 00:00:59,340 previously found the defendant guilty of murder in the first degree... 14 00:00:59,560 --> 00:01:04,599 and having found special circumstances to exist, now do fix penalty at death by 15 00:01:04,599 --> 00:01:06,180 the infliction of lethal gas. 16 00:01:43,950 --> 00:01:45,170 I'll call you as soon as it's over. 17 00:01:45,850 --> 00:01:52,350 I shouldn't be trying to get my hopes up here, should I? 18 00:01:53,750 --> 00:01:56,910 Death penalty appeals are usually losers. I'm not going to lie to you 19 00:01:56,910 --> 00:01:59,710 that, but we do have a chance, Earl. We have a legitimate chance. 20 00:02:00,250 --> 00:02:04,910 How long does it take them to make up their minds? 21 00:02:05,990 --> 00:02:10,229 They usually take it under advisement, but you never know. With this kind of 22 00:02:10,229 --> 00:02:11,790 case, they could decide pretty quickly. 23 00:02:19,310 --> 00:02:21,930 We've got plenty of appeals left. We haven't even gotten to the federal court 24 00:02:21,930 --> 00:02:22,930 yet, so... 25 00:04:51,099 --> 00:04:53,940 Moving on, Michael, where are we in the Earl Williams appeal? 26 00:04:54,360 --> 00:04:58,000 Oral arguments before the Supreme Court of California tomorrow, 11 o 'clock. 27 00:04:58,220 --> 00:04:59,380 Victor will be second -carrying. 28 00:04:59,640 --> 00:05:01,300 Are we still doing the moot court in preparation? 29 00:05:01,840 --> 00:05:04,600 Yes, it's morning. You, Victor, and Stuart are the judges. I hope you had a 30 00:05:04,600 --> 00:05:06,800 chance to look over the briefs. I studied them. Good. 31 00:05:07,360 --> 00:05:09,020 I want you all to be as tough as you can. 32 00:05:09,360 --> 00:05:12,620 I'll be giving you a list of the issues that I believe the judges will be coming 33 00:05:12,620 --> 00:05:16,460 at me with, so whatever questions you can come up with will be very helpful. 34 00:05:16,720 --> 00:05:17,900 I think you really got a shot. 35 00:05:18,200 --> 00:05:19,200 Yeah. 36 00:05:20,170 --> 00:05:23,250 Moving on, major kudos to Rosalind Chase. 37 00:05:23,490 --> 00:05:26,610 She's officially landed Anderson Industries as a client. 38 00:05:26,870 --> 00:05:30,450 This is the second largest steel distribution company in the country and 39 00:05:30,450 --> 00:05:33,110 potentially the biggest client we've ever had. 40 00:05:33,330 --> 00:05:34,109 That's terrific. 41 00:05:34,110 --> 00:05:35,110 Way to go, Roz. 42 00:05:35,890 --> 00:05:36,890 Thank you. 43 00:05:37,110 --> 00:05:42,270 I have a meeting with the CEO on Wednesday, and I suspect that he'll put 44 00:05:42,270 --> 00:05:43,089 right to work. 45 00:05:43,090 --> 00:05:44,090 That's fantastic. 46 00:05:44,450 --> 00:05:48,690 It certainly is. And moving from the fantastic to the incredible, Arnold. 47 00:05:49,390 --> 00:05:51,430 You have a case involving Rochelle Peters? 48 00:05:51,690 --> 00:05:55,170 Yeah, I'm representing her ex -husband. Is that the Rochelle Peters of the 49 00:05:55,170 --> 00:05:58,270 evening news, 7 o 'clock? Very one, and this is good. 50 00:05:59,310 --> 00:06:02,810 Evidently, Miss Peters did some anchoring before a different kind of 51 00:06:02,990 --> 00:06:04,470 Don't tell me. Home videos. 52 00:06:04,990 --> 00:06:08,690 Between she and her husband when they were just newlyweds in the act, in the 53 00:06:08,690 --> 00:06:11,830 other act, in the simultaneous act, anyway, cut to five years later. 54 00:06:12,580 --> 00:06:15,640 Husband becomes ex -husband. He has something all the adult film 55 00:06:15,640 --> 00:06:18,680 companies would like to have. He wants to sell. She slapped him with a 56 00:06:18,680 --> 00:06:20,280 restraining order. That's despicable. 57 00:06:20,560 --> 00:06:24,620 Have you got the tape? He'll be bringing it in. We've got a meeting this 58 00:06:24,620 --> 00:06:27,220 morning. How can you involve yourself with something like this? 59 00:06:28,080 --> 00:06:30,580 Because it's perverted. It's sordid. 60 00:06:31,040 --> 00:06:32,040 It's what I live for. 61 00:06:34,180 --> 00:06:38,580 Keep us apprised, Arnold. And on that titillating note, we're adjourned. 62 00:06:40,160 --> 00:06:42,390 Leland? Can I talk to you about something? 63 00:06:42,870 --> 00:06:46,550 Sure. Well, I've got a meeting in 30 minutes, right after lunch. Actually, I 64 00:06:46,550 --> 00:06:47,790 hoping I could do it now. It's important. 65 00:06:48,730 --> 00:06:49,730 Yeah, sure. Come on. 66 00:06:50,270 --> 00:06:51,270 Okay. 67 00:06:58,010 --> 00:06:59,930 This new client, Anderson Industries. 68 00:07:00,190 --> 00:07:01,190 Yes. 69 00:07:02,630 --> 00:07:05,730 Anderson Industries has major holdings in South Africa, Leland. 70 00:07:06,650 --> 00:07:07,650 It has a... 71 00:07:07,870 --> 00:07:11,910 A long investment history in South Africa. It distributes steel girders 72 00:07:11,910 --> 00:07:13,090 in South Africa. 73 00:07:13,470 --> 00:07:16,510 Now, I'm not a very political person. 74 00:07:16,730 --> 00:07:22,210 And I know it's not the place for an associate to have input on the accepting 75 00:07:22,210 --> 00:07:26,430 the rejecting of clients. But this company helps promote apartheid. And I'd 76 00:07:26,430 --> 00:07:27,910 big problems being associated with them. 77 00:07:28,750 --> 00:07:33,350 Well, Jonathan, I don't know anything about Anderson's connections in South 78 00:07:33,350 --> 00:07:34,830 Africa or where they invest. 79 00:07:35,190 --> 00:07:36,190 I do. 80 00:07:38,410 --> 00:07:41,990 Has this company, to your knowledge, ever done anything illegal? No, but they 81 00:07:41,990 --> 00:07:46,550 have repeatedly violated the spirit of Congress's economic sanctions by finding 82 00:07:46,550 --> 00:07:49,110 loopholes to keep importing South African products. 83 00:07:49,690 --> 00:07:54,730 Leland, they have at least indirectly supported a government based on white 84 00:07:54,730 --> 00:07:59,470 supremacy. I just don't see how we can attach ourselves to any client who could 85 00:07:59,470 --> 00:08:00,490 attach themselves to that. 86 00:08:03,450 --> 00:08:05,590 If you really want to make an issue... 87 00:08:06,600 --> 00:08:07,840 I'll take it to the partners. 88 00:08:08,040 --> 00:08:11,400 But I gotta tell you, this is a major client. 89 00:08:14,540 --> 00:08:15,820 I want to make it an issue. 90 00:08:19,220 --> 00:08:19,660 There are 91 00:08:19,660 --> 00:08:29,220 five 92 00:08:29,220 --> 00:08:33,020 separate grounds, each individually warranting a new trial. 93 00:08:33,460 --> 00:08:34,460 The first... 94 00:08:34,600 --> 00:08:38,460 concerns the DNA test which were used to establish Earl Williams at the scene of 95 00:08:38,460 --> 00:08:39,399 the crime. 96 00:08:39,400 --> 00:08:43,659 Now, the technology... An eyewitness also put your client at the scene, 97 00:08:43,960 --> 00:08:48,200 That idea was shaky at best, Your Honor. The DNA identification conclusively 98 00:08:48,200 --> 00:08:51,760 established it, and that technology was recently shown to be suspect. 99 00:08:52,080 --> 00:08:55,260 You can't expect this court to make scientific findings on the basis of 100 00:08:55,260 --> 00:08:57,260 appellate briefs and oral arguments. 101 00:08:57,540 --> 00:09:02,240 No. I do expect the court to take judicial notice, however, of the lack of 102 00:09:02,240 --> 00:09:06,380 uniformity within the scientific community concerning the reliability of 103 00:09:06,380 --> 00:09:10,300 testing. Don't get snide, Mike. You'll just put him off. Well, I think we can 104 00:09:10,300 --> 00:09:11,520 stick to the format here, okay? 105 00:09:14,320 --> 00:09:20,780 The second ground gives the trial court abuse of discretion in failing to reopen 106 00:09:20,780 --> 00:09:21,780 the case. 107 00:09:21,900 --> 00:09:25,540 to admit newly discovered evidence. That would be the eyewitness testimony of 108 00:09:25,540 --> 00:09:29,860 Philip Michael Holden? That's correct. Mr. Holden saw a black by the name of 109 00:09:29,860 --> 00:09:33,740 Ronald Sewell coming out of Nina Corey's apartment building at the time of the 110 00:09:33,740 --> 00:09:38,460 murder. Now, had the jury been allowed to hear this evidence... This witness 111 00:09:38,460 --> 00:09:42,080 a convicted drug dealer who decided to come forth with his testimony in 112 00:09:42,080 --> 00:09:44,440 for your professional services. Would that be right? 113 00:09:44,880 --> 00:09:48,260 Yes, it would. And the trial court conducted an evidentiary hearing to 114 00:09:48,260 --> 00:09:51,640 the credibility of this witness, after which the judge deemed him to be 115 00:09:51,640 --> 00:09:53,940 unreliable. Isn't that right, counsel? Yeah, that's correct. 116 00:09:54,220 --> 00:09:59,200 And you're asking us to substitute our judgment for the trial judge who 117 00:09:59,200 --> 00:10:01,780 to him and had opportunity to weigh his credibility? 118 00:10:02,220 --> 00:10:05,760 What you don't understand is that the jury should have the opportunity to 119 00:10:05,760 --> 00:10:06,759 that credibility. 120 00:10:06,760 --> 00:10:07,760 Well, time out. 121 00:10:08,000 --> 00:10:11,260 I don't think that you should ever tell a Supreme Court justice that he doesn't 122 00:10:11,260 --> 00:10:13,700 understand. You should blame yourself for failing to make... Wait a minute. 123 00:10:13,700 --> 00:10:14,920 Could we just do this, please? 124 00:10:15,600 --> 00:10:16,840 Mike, demeanor counts. 125 00:10:17,120 --> 00:10:18,120 Yes, it does. 126 00:10:18,440 --> 00:10:22,840 What also counts is evidence of domestic violence introduced by the DA. 127 00:10:23,220 --> 00:10:27,680 Evidence which was prejudicial. What also counts was unfair surprise and the 128 00:10:27,680 --> 00:10:32,080 tactics of the DA. Now, those are the important issues here, and that's what 129 00:10:32,080 --> 00:10:35,200 should be asking me these questions about. What? You're going to tell the 130 00:10:35,200 --> 00:10:36,820 what questions to ask? No. 131 00:10:37,160 --> 00:10:41,100 I'm telling you, Douglas, because I don't want this to become a waste of my 132 00:10:41,100 --> 00:10:44,520 time. I want to be fully prepared tomorrow. I think we should stick to the 133 00:10:44,520 --> 00:10:45,520 forum. Yeah. 134 00:10:45,620 --> 00:10:49,900 Mr. Cusack, isn't it possible that your client is guilty? 135 00:10:51,540 --> 00:10:52,920 That's a stupid question, Douglas. 136 00:10:53,320 --> 00:10:55,440 Hey, you know... No, no, I know. 137 00:10:56,080 --> 00:11:00,020 I'm not supposed to insult Supreme Court justices. Well, thank you all very much 138 00:11:00,020 --> 00:11:01,019 for your help. 139 00:11:01,020 --> 00:11:04,180 I really think that I would be better served by preparing for this on my own. 140 00:11:07,310 --> 00:11:08,910 I don't think it was a stupid question. 141 00:11:13,150 --> 00:11:14,850 You've been divorced for three years, Al. 142 00:11:16,070 --> 00:11:17,990 Why'd you first decide to sell this video now? 143 00:11:19,750 --> 00:11:20,750 You want to know why? 144 00:11:21,990 --> 00:11:24,490 About a month ago, a mutual friend of ours got married. 145 00:11:25,790 --> 00:11:29,150 Rochelle was there with this guy, tall, handsome, athletic -looking guy. 146 00:11:29,610 --> 00:11:34,090 I'm going to be a grown -up if I go up and I say hello. She says, uh, Colin, 147 00:11:34,250 --> 00:11:35,710 this is my friend Al. 148 00:11:37,230 --> 00:11:38,230 My friend. 149 00:11:38,350 --> 00:11:39,530 Not my ex -husband. 150 00:11:40,050 --> 00:11:43,050 Not the man I slept with for six years. Not the man I stabbed through the heart. 151 00:11:43,310 --> 00:11:44,310 Her friend. 152 00:11:44,610 --> 00:11:45,610 Right. 153 00:11:46,010 --> 00:11:49,270 Well, whatever your reasons, you stand to make a lot of money off this video. 154 00:11:49,530 --> 00:11:51,970 Great. Now, she knew that you were making it, right? 155 00:11:52,210 --> 00:11:53,210 Of course she knew. 156 00:11:53,370 --> 00:11:56,890 Whenever I took pictures of her, she always knew. So she knows the tape 157 00:11:57,050 --> 00:12:01,070 that it was a marital asset, and now it belongs to you. She'd say to me, Al, 158 00:12:01,270 --> 00:12:02,450 what should I read? 159 00:12:03,110 --> 00:12:04,170 I'd go out and buy her books. 160 00:12:04,590 --> 00:12:08,290 I mean the great books, Dreiser, Farrell, Tolstoy. She'd say, Al, what 161 00:12:08,290 --> 00:12:11,050 see? I'd take her out to foreign films, Rossellini, Budovkin. 162 00:12:11,330 --> 00:12:14,570 It's always sad when a relationship ends. And the only time I see her now is 163 00:12:14,570 --> 00:12:17,730 the evening news. She stares out at me like some ice queen from the frigid 164 00:12:17,730 --> 00:12:20,310 reaches of the north. Another one of the great unattainables. 165 00:12:20,810 --> 00:12:21,850 I attained her, though. 166 00:12:22,490 --> 00:12:23,550 She can't deny that. 167 00:12:24,910 --> 00:12:25,970 She can't deny that. 168 00:12:27,040 --> 00:12:29,420 I'm going to have to see this, of course, to prepare for the hearing. 169 00:12:29,420 --> 00:12:32,120 night at the opera, she was there. Norman Mailer's birthday party, she was 170 00:12:32,120 --> 00:12:34,640 there. Picture -taking sessions with the Pope, she was there. 171 00:12:34,940 --> 00:12:35,940 Where was I? 172 00:12:36,500 --> 00:12:38,000 Probably home watching the news. 173 00:12:42,520 --> 00:12:44,020 I wish I could laugh about it. 174 00:12:45,060 --> 00:12:48,400 I wish I could chalk it up as another one of life's little detours. I can't. 175 00:12:49,720 --> 00:12:51,540 Every day a little piece of me dies. 176 00:12:52,140 --> 00:12:53,440 I'll listen to me for a second. 177 00:12:54,890 --> 00:12:56,530 This isn't only between you and her. 178 00:12:57,050 --> 00:13:00,110 The network's gonna fight tooth and nail to keep this video from going public. 179 00:13:00,770 --> 00:13:02,150 Yeah? Oh, you bet. 180 00:13:02,370 --> 00:13:05,210 They know that next to Jane Polly, there's no other newscaster people would 181 00:13:05,210 --> 00:13:07,150 rather see naked. Maybe Diane Sawyer. 182 00:13:08,690 --> 00:13:09,790 I'm ready, believe me. 183 00:13:12,690 --> 00:13:13,690 All right. 184 00:13:14,150 --> 00:13:15,150 My friend Al. 185 00:13:16,810 --> 00:13:18,330 Let her call me a friend now. 186 00:13:52,940 --> 00:13:53,940 she were guilty. 187 00:13:55,280 --> 00:13:56,280 What? 188 00:13:59,520 --> 00:14:01,960 If he'd done it, then this would all be his fault. 189 00:14:05,420 --> 00:14:08,420 But he didn't do it. That makes it all my fault. 190 00:14:09,220 --> 00:14:10,820 It's not your fault, Michael. 191 00:14:13,500 --> 00:14:15,760 I don't remember ever being this scared before. 192 00:14:18,020 --> 00:14:21,860 Maybe before my first trial 15 years ago. 193 00:14:30,830 --> 00:14:32,670 I can only guess how Earl feels right now. 194 00:14:37,970 --> 00:14:43,850 When I was in law school, I used to date her about this. 195 00:14:44,690 --> 00:14:50,330 You know, about having a big murder case where everything was on the line. 196 00:14:54,910 --> 00:14:56,750 I thought it would make me feel strong. 197 00:15:05,830 --> 00:15:09,430 Judge Henderson, by all accounts, is the most influential up there, so if he 198 00:15:09,430 --> 00:15:11,010 asks a question, make sure you answer it. 199 00:15:11,790 --> 00:15:14,670 Connolly's considered the lightweight, so if you have to duck him at all, it's 200 00:15:14,670 --> 00:15:15,670 not going to be fatal. 201 00:15:16,270 --> 00:15:18,730 Okay, did you file that supplemental list of authorities yet? 202 00:15:18,970 --> 00:15:19,970 Yeah, yesterday. 203 00:15:19,990 --> 00:15:24,450 Good. Victor, I'm not really following your index on the trial transcripts. Oh, 204 00:15:24,450 --> 00:15:25,870 okay. This is witness. 205 00:15:26,550 --> 00:15:28,810 This column is a statement made of subject matter coverage. 206 00:15:29,310 --> 00:15:30,310 Indicates the page number. 207 00:15:31,240 --> 00:15:33,220 It's right here in the kitchen, whether it was across or direct. 208 00:15:33,460 --> 00:15:36,020 You think I'm going to be able to decipher these little symbols in the 209 00:15:36,020 --> 00:15:38,440 oral argument? I'm going to be there deciphering it for you. Oh, yeah, but 210 00:15:38,440 --> 00:15:41,100 if I have to reference something really fast? I only have 45 minutes up there. 211 00:15:41,100 --> 00:15:43,040 I'm not chopping at you, Mike. I'm not chopping at you, Victor. 212 00:15:43,280 --> 00:15:46,000 I'm not chopping at you. Chopping at me, and I don't like it, especially since 213 00:15:46,000 --> 00:15:49,400 I've been... Victor, this is a death penalty case, all right? A man's life is 214 00:15:49,400 --> 00:15:52,380 the line here. I know, and it's all hanging on you, and you're starting to 215 00:15:52,380 --> 00:15:55,860 afraid. But, Mike, if you start snapping at those judges the way you did at us 216 00:15:55,860 --> 00:15:58,480 in moot court, they're not going to be listening to you for very long. 217 00:16:04,270 --> 00:16:09,710 I'm sorry. I just... I'm a little overanxious here, and I just want to get 218 00:16:09,710 --> 00:16:10,710 done. 219 00:16:11,770 --> 00:16:12,770 I'm sorry. 220 00:16:14,950 --> 00:16:16,150 What issue are you going to be leading? 221 00:16:17,050 --> 00:16:18,050 Prosecutorial misconduct. 222 00:16:19,290 --> 00:16:20,450 You mean you're going after Flanny? 223 00:16:20,770 --> 00:16:21,770 Yep. 224 00:16:22,290 --> 00:16:23,290 Unfair surprise. 225 00:16:24,150 --> 00:16:27,270 She sprung that semen evident to try without even telling me first, and I'm 226 00:16:27,270 --> 00:16:28,270 going to nail her for that. 227 00:16:29,610 --> 00:16:30,610 Hmm. 228 00:16:30,720 --> 00:16:34,920 What about abuse of discretion? I mean, that's viable too. No, Douglas was right 229 00:16:34,920 --> 00:16:37,520 on that. The judges would never substitute their judgment on that. 230 00:16:38,820 --> 00:16:42,740 If I'm going to win this, I'm going to have to take Margaret down. 231 00:16:44,360 --> 00:16:45,360 Think you can? 232 00:16:45,700 --> 00:16:46,820 We'll find out, won't we? 233 00:16:52,620 --> 00:16:54,220 I don't want to lose your case, Victor. 234 00:16:56,640 --> 00:16:58,520 I don't know what I'd do if I lost this case. 235 00:17:00,380 --> 00:17:02,820 Anderson Industries is a law -abiding corporation. 236 00:17:03,100 --> 00:17:07,680 It does extensive charity work. It is a company with a first -rate reputation. 237 00:17:07,980 --> 00:17:12,300 Which also has ties to South Africa. You couldn't find a major law firm in this 238 00:17:12,300 --> 00:17:16,040 country that doesn't have at least one client with the same kind of ties. 239 00:17:16,280 --> 00:17:17,400 I don't believe that. Look. 240 00:17:17,760 --> 00:17:20,700 Let's deal with one precedent at a time, shall we? 241 00:17:20,900 --> 00:17:25,780 Are we really going to let an associate dictate to us what entities we will or 242 00:17:25,780 --> 00:17:27,660 will not accept as clients? 243 00:17:27,880 --> 00:17:28,579 N -O. 244 00:17:28,580 --> 00:17:32,560 It's not just an associate who's objecting. I'm a partner, and I don't 245 00:17:32,660 --> 00:17:33,940 You didn't seem to mind yesterday. 246 00:17:34,340 --> 00:17:35,980 Because I didn't know their history yesterday. 247 00:17:36,240 --> 00:17:39,640 And why didn't you know? I'll tell you why. Because it is not the practice of 248 00:17:39,640 --> 00:17:41,800 this firm to do policy checks on its clients. 249 00:17:42,650 --> 00:17:47,070 It is not the practice of this firm to scrutinize the political identities of 250 00:17:47,070 --> 00:17:50,670 the people who pay our fees. Well, maybe it should be. Why? Because this 251 00:17:50,670 --> 00:17:52,470 particular client happens to be mine? 252 00:17:52,690 --> 00:17:56,430 All right, now. Because this particular client has dealings with the most racist 253 00:17:56,430 --> 00:18:00,070 government on the face of the earth. This is a political question, Ann. 254 00:18:00,530 --> 00:18:04,330 Abortion is a political question, Douglas. We had to drop my client 255 00:18:04,330 --> 00:18:05,169 political question. 256 00:18:05,170 --> 00:18:09,590 That was office politics. Completely different. And that's crap. It isn't 257 00:18:09,730 --> 00:18:13,150 We cut your abortion client because siding with her would have made us 258 00:18:13,830 --> 00:18:17,230 Siding with Anderson Industries would make us richer, and that's the only kind 259 00:18:17,230 --> 00:18:20,750 of politics we can afford to play here. We're sinking a hell of a lot lower than 260 00:18:20,750 --> 00:18:22,630 the bottom line if we take this client, Douglas. 261 00:18:22,870 --> 00:18:26,530 Come on, Stuart, don't. They support South Africa, Rosalind. You're talking 262 00:18:26,530 --> 00:18:29,610 about a government that suppresses the majority of its citizens. 263 00:18:29,890 --> 00:18:33,050 That's repugnant. And if it's not repugnant to Anderson Industries, I 264 00:18:33,050 --> 00:18:34,230 to have anything to do with them. Fine. 265 00:18:34,810 --> 00:18:38,550 then I want complete bios and cross -checks done on every client so we can 266 00:18:38,550 --> 00:18:42,530 to implement this new policy of moral judgment. That's ridiculous. 267 00:18:42,830 --> 00:18:43,990 No, I'll tell you what's ridiculous. 268 00:18:44,690 --> 00:18:50,130 A law firm that throws away $300 ,000 defending a murderer and appealing his 269 00:18:50,130 --> 00:18:56,510 conviction and then turns down a potential $2 million a year client 270 00:18:56,510 --> 00:18:59,890 don't like the politics of some of the folks it does business with. That's 271 00:18:59,890 --> 00:19:03,390 ridiculous. All right, we've heard enough. Let's put the damn thing to a 272 00:19:04,770 --> 00:19:06,790 Arnold votes yes by proxy. 273 00:19:07,750 --> 00:19:08,910 Michael votes no. 274 00:19:09,630 --> 00:19:10,630 I'm a yes. 275 00:19:10,790 --> 00:19:11,790 Me too. 276 00:19:11,970 --> 00:19:12,970 I'm a no. 277 00:19:13,270 --> 00:19:15,390 And I vote no. Three to three, Leland. 278 00:19:16,750 --> 00:19:17,750 You decide. 279 00:19:20,110 --> 00:19:23,810 I vote yes. We take this client. This meeting is adjourned. 280 00:19:36,520 --> 00:19:40,940 In 23 years of practice, Your Honor, I've never been as outraged as I am at 281 00:19:40,940 --> 00:19:45,080 moment. This woman stands to have her entire career ruined because that man 282 00:19:45,080 --> 00:19:48,960 wants to take moments of intimacy between a husband and wife and make them 283 00:19:48,960 --> 00:19:53,280 pornography. Your Honor, the tape is what it is. My client is not making it 284 00:19:53,280 --> 00:19:56,200 anything. He is making it public, Mr. Becker. 285 00:19:56,460 --> 00:20:00,100 And I have agreed to seal this courtroom for the reason that to reveal the very 286 00:20:00,100 --> 00:20:02,420 existence of this tape could cause... 287 00:20:02,880 --> 00:20:03,880 irreparable damage. 288 00:20:03,980 --> 00:20:07,180 Your Honor, that's exactly what Mr. Vogel wants to do. His venom and 289 00:20:07,180 --> 00:20:10,320 spitefulness for his former wife were matched only by his greed. 290 00:20:10,580 --> 00:20:13,900 Your Honor, that's just nonsense. The property settlement between these two 291 00:20:13,900 --> 00:20:17,200 people itemizes everything that goes to Miss Peters. It gives all rights in the 292 00:20:17,200 --> 00:20:18,660 remainder to my clients. 293 00:20:18,880 --> 00:20:23,760 Mr. Becker, is there any indication that Miss Peters would have knowingly 294 00:20:23,760 --> 00:20:26,580 authorized the distribution of this tape? 295 00:20:26,940 --> 00:20:29,960 My client's an accomplished photographer. He took a great many 296 00:20:29,960 --> 00:20:33,580 wife. In each case, she authorized their use. Mr. Becker, we're not talking 297 00:20:33,580 --> 00:20:38,500 about photographs here. We're talking about videotaped footage of marital 298 00:20:38,840 --> 00:20:44,600 Without getting overly graphic, gentlemen, can you give me a sense of 299 00:20:44,600 --> 00:20:45,600 this tape? 300 00:20:47,520 --> 00:20:49,740 Several variations of coitus. 301 00:20:50,120 --> 00:20:52,220 Compared to what's out there, it's pretty wholesome stuff. 302 00:20:52,680 --> 00:20:56,460 It won't be any too wholesome when some guy's standing in a plywood booth 303 00:20:56,460 --> 00:21:00,160 slamming quarters into the damn thing to see it. This would be intended for the 304 00:21:00,160 --> 00:21:01,400 home video market only. 305 00:21:01,720 --> 00:21:03,420 Okay, I have heard enough. 306 00:21:04,000 --> 00:21:07,460 Mr. Becker, your client isn't joined from exhibiting this tape commercially. 307 00:21:07,820 --> 00:21:12,360 Miss Peters retains the right to determine how her name and likeness are 308 00:21:12,360 --> 00:21:16,800 used. Nothing in this divorce agreement anticipated this. 309 00:21:17,480 --> 00:21:18,620 Nothing in it. 310 00:21:18,890 --> 00:21:22,910 gives him the right to do it. Your Honor, we also requested that Mr. Vogel 311 00:21:22,910 --> 00:21:25,050 over all extra copies now under his control. 312 00:21:25,330 --> 00:21:26,330 That I cannot order. 313 00:21:26,730 --> 00:21:31,270 The agreement clearly grants all possession of the tape to Mr. Vogel, and 314 00:21:31,270 --> 00:21:34,750 simply don't have the authority to supersede it. What about private 315 00:21:34,750 --> 00:21:37,590 for 50 or 60 of his closest friends? 316 00:21:38,070 --> 00:21:41,390 Your Honor, what's going to happen when this tape starts to circulate privately 317 00:21:41,390 --> 00:21:43,170 among friends, party to party? 318 00:21:43,390 --> 00:21:47,390 That's not going to happen. Please, Mr. Becker, who among us has not seen the 319 00:21:47,390 --> 00:21:48,390 Rob Lowe tape? 320 00:21:49,110 --> 00:21:50,110 Anyone? Anyone? 321 00:21:50,790 --> 00:21:53,830 Listen, I have done all I can do. 322 00:21:55,090 --> 00:21:59,670 And in fact, given my relationship with Mr. Becker's firm, I may well be forced 323 00:21:59,670 --> 00:22:03,750 to recuse myself before this matter comes to trial. Which, by the way, would 324 00:22:03,750 --> 00:22:04,970 just fine with me. 325 00:22:09,110 --> 00:22:12,910 May it please the court, I'm Michael Kudak, appearing for the appellant, Earl 326 00:22:12,910 --> 00:22:13,910 Williams. 327 00:22:14,350 --> 00:22:16,670 Contained in my papers is an overview of the case. 328 00:22:17,370 --> 00:22:21,570 as well as specific grounds which mandate a reversal in my client's 329 00:22:22,270 --> 00:22:25,530 Today, I would like to focus on the most compelling of those grounds, the 330 00:22:25,530 --> 00:22:29,490 prosecutorial misconduct of Margaret Flanagan. I don't mean to cut you off at 331 00:22:29,490 --> 00:22:34,050 the jump, counsel, but this court is generally suspect of that particular 332 00:22:34,690 --> 00:22:36,890 Are you sure that's where you want to steer us? 333 00:22:37,110 --> 00:22:38,110 I'm exactly sure. 334 00:22:38,650 --> 00:22:42,510 Margaret Flanagan's conduct in this trial was reprehensible. It was 335 00:22:42,610 --> 00:22:45,890 It was a breach of her duty to act as an officer of the court, and it is the 336 00:22:45,890 --> 00:22:48,370 reason why an innocent man is sitting on death row. 337 00:22:48,570 --> 00:22:53,350 I assume you're referring to the DNA evidence which placed your client's 338 00:22:53,350 --> 00:22:54,410 on the victim's bed? 339 00:22:54,710 --> 00:22:55,710 That's correct, Your Honor. 340 00:22:55,930 --> 00:22:59,930 The district attorney had an obligation to disclose that information to me and 341 00:22:59,930 --> 00:23:04,170 to the court prior to the trial. She did not. But according to the record, Miss 342 00:23:04,170 --> 00:23:06,910 Flanagan herself got this evidence at the last second. 343 00:23:07,500 --> 00:23:11,300 There's no evidence that she willfully concealed anything. And the judge 344 00:23:11,300 --> 00:23:14,060 you a continuance to give you time, and you declined. 345 00:23:14,480 --> 00:23:19,200 First of all, the record will show that she got the evidence from the lab on the 346 00:23:19,200 --> 00:23:20,200 eve of the trial. 347 00:23:20,480 --> 00:23:25,220 She sprung it in court three days into the trial. That gave her two days to 348 00:23:25,220 --> 00:23:28,980 inform me, which she didn't. That makes her conduct willful. 349 00:23:29,560 --> 00:23:33,640 As for my refusing the continuance, the damage had already been done. 350 00:23:33,920 --> 00:23:34,859 How so? 351 00:23:34,860 --> 00:23:36,480 Had I known what she had... 352 00:23:36,730 --> 00:23:41,670 as I was entitled to under Walker v. Superior Court, I would never have 353 00:23:41,670 --> 00:23:44,370 that my client was having a sexual relationship with Nina Corey. 354 00:23:44,610 --> 00:23:48,530 I also would never have denied that he was in her apartment on the night she 355 00:23:48,530 --> 00:23:51,350 murdered. In other words, you never would have lied to the court if you knew 356 00:23:51,350 --> 00:23:52,169 you'd be caught. 357 00:23:52,170 --> 00:23:55,610 I didn't know my client was having an affair with the victim. It was a 358 00:23:55,610 --> 00:23:56,610 to me as well. 359 00:23:57,030 --> 00:23:58,450 Earl Williams did lie. 360 00:23:58,690 --> 00:24:03,110 I'm not making excuses for that. But had I known he was lying, and I would have, 361 00:24:03,190 --> 00:24:04,790 had she followed the law... 362 00:24:05,070 --> 00:24:07,590 I would have stopped him from using it. I'm sorry. 363 00:24:07,890 --> 00:24:10,210 I'm not sure I understand the harm. 364 00:24:10,530 --> 00:24:14,870 Everything she introduced at the trial, your client admitted himself once he 365 00:24:14,870 --> 00:24:15,689 took the stand. 366 00:24:15,690 --> 00:24:19,050 The harm is that he was portrayed as a liar. 367 00:24:19,310 --> 00:24:20,550 Because he was a liar. 368 00:24:20,750 --> 00:24:22,250 He told one lie, yes. 369 00:24:22,490 --> 00:24:26,510 But what I'm saying, Your Honor, is that had I known about her DNA evidence, I 370 00:24:26,510 --> 00:24:27,870 would have known he was lying. 371 00:24:28,530 --> 00:24:31,850 As a good attorney, I would have counseled him not to lie. 372 00:24:32,270 --> 00:24:35,930 The jury would never have perceived him as dishonest, and without that 373 00:24:35,930 --> 00:24:38,830 perception, Earl Williams would have been acquitted. 374 00:24:39,230 --> 00:24:42,510 Sounds a little meandering to me, Mr. Cusack. 375 00:24:42,770 --> 00:24:44,250 Then let me make it more clear. 376 00:24:44,570 --> 00:24:46,570 She had two linchpins in her case. 377 00:24:47,090 --> 00:24:50,930 The circumstantial evidence that placed Earl Williams at the scene of the crime, 378 00:24:51,070 --> 00:24:54,510 at the time of the murder, and the evidence of his dishonesty. 379 00:24:54,890 --> 00:24:58,790 Had the district attorney complied with the law, I would have kept the second 380 00:24:58,790 --> 00:24:59,790 part of her case out. 381 00:25:00,350 --> 00:25:04,350 That means that she would have been left trying to prove murder beyond a 382 00:25:04,350 --> 00:25:07,490 reasonable doubt with nothing more than circumstantial evidence. 383 00:25:07,750 --> 00:25:11,410 And that's why she withheld it, to give herself something that she otherwise 384 00:25:11,410 --> 00:25:12,550 would not have had. 385 00:25:12,910 --> 00:25:14,110 She fights hard. 386 00:25:14,630 --> 00:25:19,190 She fights to win. I understand that. But if you are going to put someone on 387 00:25:19,190 --> 00:25:24,970 death row, if you are going to send a human being to the gas chamber, you 388 00:25:24,970 --> 00:25:28,070 at least follow the rules and obey the law. 389 00:25:29,390 --> 00:25:31,050 Margaret Flanagan didn't. 390 00:26:03,100 --> 00:26:06,040 Quarter of a million dollars, Al. That's more money than you would have made in 391 00:26:06,040 --> 00:26:07,040 the porno business. 392 00:26:08,300 --> 00:26:09,300 Not interested. 393 00:26:09,400 --> 00:26:13,860 Right. What you're interested in is seeing this woman hurt, huh? What is it 394 00:26:13,860 --> 00:26:14,860 hurts, Rochelle? 395 00:26:14,920 --> 00:26:17,740 The fact that there's a photographic record of us having gone to bed? 396 00:26:18,000 --> 00:26:19,920 No, the fact that you would show it to people. 397 00:26:20,140 --> 00:26:21,099 All right. 398 00:26:21,100 --> 00:26:23,100 Let's cut through the psychodrama, shall we? 399 00:26:24,300 --> 00:26:28,000 Now, what's it going to take, Mr. Vogel? Putting a dollar figure on something 400 00:26:28,000 --> 00:26:29,680 like this is impossible. 401 00:26:30,060 --> 00:26:31,320 Well, let's try. 402 00:26:33,120 --> 00:26:36,940 1 .2 million structured over 18 months, 400 ,000 due immediately. 403 00:26:37,220 --> 00:26:38,220 That's outrageous. 404 00:26:38,380 --> 00:26:39,380 Is it? 405 00:26:39,560 --> 00:26:42,380 Your biggest fear, and you can correct me if I'm wrong, Kevin, is that 406 00:26:42,380 --> 00:26:44,620 Rochelle's sexual hijinks will destroy her credibility. 407 00:26:45,080 --> 00:26:48,360 That's right, Mr. Becker. That's just what we don't want to see happen. 408 00:26:48,720 --> 00:26:52,540 Thousands of tapes circulating around the country, people watching them in 409 00:26:52,700 --> 00:26:55,960 at frat parties, running gags in Johnny Carson's monologue. 410 00:26:56,220 --> 00:26:57,220 Half a million. 411 00:26:57,520 --> 00:27:01,460 You spend over 10 million a year just promoting her, protecting her Q rating. 412 00:27:01,870 --> 00:27:04,770 You're telling me that half a million is all that's worth? Make it a million. 413 00:27:05,870 --> 00:27:06,870 Point two. 414 00:27:08,890 --> 00:27:10,610 Okay. I don't want to sell it. 415 00:27:11,050 --> 00:27:12,050 What? 416 00:27:12,510 --> 00:27:13,950 Excuse me, Al. No deal. 417 00:27:15,030 --> 00:27:17,970 Al, there's a terrific deal to be made here. I said no. 418 00:27:18,710 --> 00:27:20,110 I don't understand this. 419 00:27:32,240 --> 00:27:33,240 You hear anything yet? 420 00:27:33,800 --> 00:27:35,960 Nothing. I mean, I know they met on it, but that's all I know. 421 00:27:36,420 --> 00:27:38,100 I sure as hell don't want to be out of work. 422 00:27:39,520 --> 00:27:41,820 But if they take that client, I've got no other choice. 423 00:27:42,100 --> 00:27:42,959 What do you mean? 424 00:27:42,960 --> 00:27:44,600 I couldn't stay here, Diana. Could you? 425 00:27:45,000 --> 00:27:46,000 Yeah. 426 00:27:47,580 --> 00:27:50,800 I'm not quitting. That company supports South Africa. How could you possibly 427 00:27:50,800 --> 00:27:51,800 stay here? 428 00:27:52,380 --> 00:27:53,940 How could Michael Kuzak stay? 429 00:27:54,200 --> 00:27:56,000 How could Ann Kelsey stay? 430 00:27:56,240 --> 00:27:57,240 Are you kidding me? 431 00:27:57,340 --> 00:27:59,640 No, I'm not kidding you, Jonathan. Are you kidding me? 432 00:28:00,350 --> 00:28:03,370 You think because we're black, we've got the exclusive on outrage here? 433 00:28:03,630 --> 00:28:06,350 With apartheid, we've certainly got a priority, yes. 434 00:28:06,630 --> 00:28:09,570 Did it ever occur to you that your quitting would accomplish nothing? 435 00:28:10,010 --> 00:28:15,090 Did it ever occur to you that by staying, maybe you could help influence 436 00:28:15,090 --> 00:28:18,250 Anderson Industries, maybe even convince them to change? What's this, the 437 00:28:18,250 --> 00:28:21,710 Sullivan principle? Look, baby, you don't want to lose your job, fine. Just 438 00:28:21,710 --> 00:28:24,690 so, but don't start feeling... That's right! I don't want to lose my job! 439 00:28:27,050 --> 00:28:31,190 I can't afford to. I'm already about $20 ,000 in debt in student loans. 440 00:28:32,470 --> 00:28:36,150 This job is also my best career opportunity, and I shouldn't have to 441 00:28:36,150 --> 00:28:39,730 just because you're having a little spasm of black guilt. You don't want to 442 00:28:39,730 --> 00:28:40,729 quit. 443 00:28:40,730 --> 00:28:41,730 Don't quit. 444 00:28:41,850 --> 00:28:43,530 Just stay here and represent racists. 445 00:28:45,190 --> 00:28:46,330 Maybe you're the racist. 446 00:28:47,230 --> 00:28:50,630 No, you're the one making assumptions about my feelings on the basis of skin 447 00:28:50,630 --> 00:28:51,730 color. No. 448 00:28:53,290 --> 00:28:54,870 The assumptions I made... 449 00:28:55,210 --> 00:28:57,610 were based on what I thought I knew about you. 450 00:28:58,850 --> 00:29:01,910 If I was wrong, I was wrong and I apologize. 451 00:29:12,730 --> 00:29:15,650 Mr. Cusack has exhausted every avenue. 452 00:29:16,200 --> 00:29:20,060 each one more desperate than the next. The record shows he offered free 453 00:29:20,060 --> 00:29:24,640 professional services to entice a new eyewitness to testify in the hope of 454 00:29:24,640 --> 00:29:25,700 reopening the trial. 455 00:29:26,160 --> 00:29:27,160 That failed. 456 00:29:27,620 --> 00:29:31,020 Now he's here today claiming prosecutorial misconduct. 457 00:29:31,260 --> 00:29:33,940 Why didn't you tell him about your DNA evidence? 458 00:29:34,320 --> 00:29:38,920 As I've maintained before, Your Honor, I didn't get those results until the very 459 00:29:38,920 --> 00:29:39,899 last moment. 460 00:29:39,900 --> 00:29:43,780 Perhaps I was careless in not making sure of his notice, but... 461 00:29:44,080 --> 00:29:46,120 I certainly didn't conceal anything. 462 00:29:46,420 --> 00:29:50,300 Forgive me, Miss Flanagan, but that evidence was a bombshell and you knew 463 00:29:50,520 --> 00:29:54,300 Do you expect us to believe you failed to alert defense counsel because it 464 00:29:54,300 --> 00:29:55,300 slipped your mind? 465 00:29:55,340 --> 00:29:59,920 I expect the court to take judicial notice of my reputation and know that 466 00:29:59,920 --> 00:30:04,800 nondisclosure was not willful. I also expect the court to recognize that Mr. 467 00:30:05,000 --> 00:30:09,900 Cusack knew my strategy, Your Honor. He knew I would be attempting to prove this 468 00:30:09,900 --> 00:30:10,900 sexual relationship. 469 00:30:11,550 --> 00:30:14,930 We offered a continuance if he felt prejudiced by the surprise. 470 00:30:15,430 --> 00:30:21,190 He didn't want it because he wasn't prejudiced. It's possible Mr. Cusack 471 00:30:21,190 --> 00:30:24,410 have prevented his client from looking like a liar before the jury. 472 00:30:24,650 --> 00:30:26,470 I suppose that is possible, Your Honor. 473 00:30:27,090 --> 00:30:29,890 But Earl Williams was, in fact, a liar. 474 00:30:30,190 --> 00:30:33,970 Are we really saying that the interests of justice have been contravened here 475 00:30:33,970 --> 00:30:35,850 because the jury got the right impression? 476 00:30:36,390 --> 00:30:37,410 Let's face it. 477 00:30:38,040 --> 00:30:42,840 Mr. Cusack is asking for a new trial today because the jury was exposed to 478 00:30:42,840 --> 00:30:47,260 truth. No, he's asking for a new trial because you failed to disclose physical 479 00:30:47,260 --> 00:30:50,960 evidence to him, which you are required to do under Walker v. 480 00:30:51,240 --> 00:30:52,740 Superior Court. Had Mr. 481 00:30:53,040 --> 00:30:58,680 Cusack known of the DNA evidence beforehand, his client would have simply 482 00:30:58,680 --> 00:31:00,580 the truth sooner rather than later. 483 00:31:01,050 --> 00:31:05,690 That's not a distinction which justifies overturning a verdict which 12 members 484 00:31:05,690 --> 00:31:08,110 found to be fully supported by the facts. 485 00:31:09,510 --> 00:31:15,010 Earl Williams is on death row because he murdered a young woman, not because his 486 00:31:15,010 --> 00:31:16,230 lawyer was caught off guard. 487 00:31:16,490 --> 00:31:20,030 Mrs. Flanagan, I've been through the transcripts and I've taken note of your 488 00:31:20,030 --> 00:31:24,410 propensity to inject your own personal feelings into this case, which you know 489 00:31:24,410 --> 00:31:25,229 is not proper. 490 00:31:25,230 --> 00:31:29,230 If you're asking me, did I conceal my personal disgust for Earl Williams? 491 00:31:30,370 --> 00:31:35,870 No, I probably didn't. I went after Earl Williams for that. I went after him 492 00:31:35,870 --> 00:31:36,870 hard. 493 00:31:37,450 --> 00:31:39,870 But am I guilty of misconduct? 494 00:31:41,410 --> 00:31:44,790 It was Michael Cusack who was held in contempt, not I. 495 00:31:45,110 --> 00:31:49,090 It was Michael Cusack who was jailed for ex parte abuse, not I. 496 00:31:49,630 --> 00:31:55,070 It was Michael Cusack who shouted inadmissible evidence at a jury after 497 00:31:55,070 --> 00:31:58,750 trial judge disallowed it. He was a desperate attorney doing his job. 498 00:31:59,310 --> 00:32:03,630 What he refuses to understand is I was simply doing mine. 499 00:32:09,830 --> 00:32:10,870 Oh, my God. 500 00:32:11,490 --> 00:32:13,810 I don't understand how he can show this to people. 501 00:32:14,910 --> 00:32:16,310 He's a strange fella. 502 00:32:16,570 --> 00:32:17,570 Are you sure it's her? 503 00:32:17,770 --> 00:32:19,050 I can't really tell. 504 00:32:19,590 --> 00:32:20,590 Turn over. 505 00:32:22,030 --> 00:32:23,030 It's her. 506 00:32:23,890 --> 00:32:24,890 Wow. 507 00:32:25,170 --> 00:32:27,870 She is cavorting with particular abandon. 508 00:32:32,680 --> 00:32:33,680 Arnie, Al's here. 509 00:32:35,060 --> 00:32:39,160 Taking a look at it? No, hey, don't stop on my account. No, we're nearly done. 510 00:32:39,280 --> 00:32:40,179 No, no, it's okay. 511 00:32:40,180 --> 00:32:41,880 You haven't even gotten to the good part yet. 512 00:32:42,200 --> 00:32:46,540 Really? I'm Al Vogel, by the way. Douglas Brockman. Hi, Stuart Markowitz. 513 00:32:46,920 --> 00:32:47,920 Pleased to meet you. 514 00:32:49,060 --> 00:32:50,060 She's something, isn't she? 515 00:32:51,060 --> 00:32:52,200 Very nice. 516 00:32:53,260 --> 00:32:55,460 Arnie, she called me this morning. 517 00:32:55,780 --> 00:32:59,300 She wants to drop by and talk. I guess I should have expected that, right? 518 00:32:59,920 --> 00:33:03,620 She's not about to just give up, Al. Hell no, I'm looking forward to watching 519 00:33:03,620 --> 00:33:04,299 her squirm. 520 00:33:04,300 --> 00:33:05,119 You like that? 521 00:33:05,120 --> 00:33:06,120 I like it. 522 00:33:06,480 --> 00:33:09,440 You do like it, don't you? I do, I do. 523 00:33:10,320 --> 00:33:12,660 Oh, is that what you want to do? 524 00:33:20,480 --> 00:33:25,700 The partners considered your concerns this morning very seriously, I might 525 00:33:25,780 --> 00:33:27,320 and after weighing everything. 526 00:33:27,760 --> 00:33:30,560 We elected to accept Anderson Industries as a client. 527 00:33:30,940 --> 00:33:32,400 I know that disappoints you. 528 00:33:32,640 --> 00:33:33,439 Yes, it does. 529 00:33:33,440 --> 00:33:36,940 If you choose not to do any work for this client personally, I will honor 530 00:33:36,940 --> 00:33:38,460 decision. Oh, for God's sake. 531 00:33:39,100 --> 00:33:42,460 Listen, don't pick... I'm sorry, Jonathan. 532 00:33:45,020 --> 00:33:48,920 I don't think I can work here anymore, Leland. No, no, that is rash, and you 533 00:33:48,920 --> 00:33:51,300 know it. Yeah, well, maybe it's time for me to be rash. 534 00:33:52,040 --> 00:33:53,300 I'm a rich boy, Leland. 535 00:33:53,520 --> 00:33:54,520 I had everything. 536 00:33:55,140 --> 00:33:56,140 Everything. 537 00:33:58,000 --> 00:34:01,020 It was easy to forget I was black, and that's exactly what I did. 538 00:34:01,220 --> 00:34:05,720 You think because you're black, you have an obligation to sample oppression? 539 00:34:06,920 --> 00:34:13,000 When I was at Harvard, they had protests going on all the time over apartheid 540 00:34:13,000 --> 00:34:14,080 and divestitures. 541 00:34:16,480 --> 00:34:18,659 See, I was always too busy studying to take part. 542 00:34:19,199 --> 00:34:24,179 So what I do after I graduate, I get a job here at a downtown corporate law 543 00:34:24,179 --> 00:34:25,179 firm, go for the paycheck. 544 00:34:27,400 --> 00:34:32,560 Thing is, I never knew it was a firm that could represent people who helped 545 00:34:32,560 --> 00:34:34,320 finance South Africa. 546 00:34:34,760 --> 00:34:37,380 Someday you'll probably head up your own firm, Jonathan. 547 00:34:38,360 --> 00:34:40,639 And you'll see, it gets complicated. 548 00:34:41,659 --> 00:34:43,679 Sometimes you just have to compromise. 549 00:34:44,179 --> 00:34:46,500 No, you always struck me as a man who didn't. 550 00:34:47,280 --> 00:34:50,880 When you found out your bank was engaging in redlining, you closed all 551 00:34:50,880 --> 00:34:54,850 accounts. You refused to join your own father's club because they wouldn't 552 00:34:54,850 --> 00:34:59,130 Jews. You, Leland, refused to represent slumlords. You refused to represent 553 00:34:59,130 --> 00:35:02,290 union busters. Hell, Leland, why can't you refuse now? 554 00:35:02,510 --> 00:35:05,050 Because it was put to a partnership vote. 555 00:35:05,690 --> 00:35:08,950 I took your concerns to the partners, and it was voted on. 556 00:35:09,170 --> 00:35:10,250 Which way did you vote? 557 00:35:13,350 --> 00:35:14,350 Leland? 558 00:35:16,410 --> 00:35:20,530 I'm entitled to my own position, Jonathan, just as you're entitled to 559 00:35:21,640 --> 00:35:23,560 The problem is you agree with me on this one. 560 00:35:24,980 --> 00:35:26,300 And you still voted the way you did. 561 00:35:52,460 --> 00:35:53,460 Hi, Rochelle. 562 00:35:55,860 --> 00:35:56,860 Where's your attorney? 563 00:35:57,140 --> 00:35:58,240 I didn't want him here. 564 00:35:58,620 --> 00:35:59,620 Mine stays. 565 00:35:59,980 --> 00:36:00,980 Fine. 566 00:36:05,680 --> 00:36:06,680 So what do you want? 567 00:36:09,380 --> 00:36:12,680 I want to know why you've come to hate me this much. If I didn't have this 568 00:36:12,680 --> 00:36:14,120 videotape, you think you'd care? 569 00:36:14,940 --> 00:36:18,060 You know, maybe I should leave you. No, I don't want to be alone with her. Her 570 00:36:18,060 --> 00:36:20,620 lawyer probably sent her here to get me to say something that they can use. 571 00:36:24,750 --> 00:36:26,810 Al, why do you think I made that tape? 572 00:36:27,110 --> 00:36:28,110 I don't know. 573 00:36:28,190 --> 00:36:31,190 Maybe you were bombed. I made it because I knew it thrilled you. 574 00:36:31,470 --> 00:36:32,470 Great. 575 00:36:32,650 --> 00:36:33,650 Sex is charity. 576 00:36:34,150 --> 00:36:35,510 It also thrilled me. 577 00:36:36,390 --> 00:36:37,390 More charity. 578 00:36:37,650 --> 00:36:38,650 Look at me, Al. 579 00:36:39,810 --> 00:36:41,870 I could be a little girl with you. 580 00:36:42,990 --> 00:36:45,130 I could be a goofball with you. 581 00:36:45,810 --> 00:36:48,010 Or I could be wanton and lewd. 582 00:36:48,710 --> 00:36:50,030 I could be anything. 583 00:36:51,610 --> 00:36:53,010 And you protected me. 584 00:36:53,400 --> 00:36:54,400 Yeah. 585 00:36:55,240 --> 00:36:57,980 So what? Why aren't you protecting me now? 586 00:36:58,240 --> 00:36:59,420 Because I'm not your protector. 587 00:37:00,920 --> 00:37:01,920 I'm your friend. 588 00:37:04,120 --> 00:37:05,800 Isn't that what you introduced me as? 589 00:37:06,720 --> 00:37:07,720 Your friend? 590 00:37:08,080 --> 00:37:09,460 What do you want, Al? 591 00:37:09,900 --> 00:37:10,900 What do I want? 592 00:37:22,480 --> 00:37:23,480 I want to be your husband. 593 00:37:26,700 --> 00:37:29,700 I want you to be my wife. 594 00:37:30,800 --> 00:37:32,120 It's not going to happen. 595 00:37:33,260 --> 00:37:35,020 No matter how much you want it. 596 00:37:35,440 --> 00:37:38,000 It was once, but it's not going to happen again. 597 00:37:38,540 --> 00:37:39,540 No. 598 00:37:39,920 --> 00:37:40,920 No. 599 00:37:41,940 --> 00:37:42,940 Great. 600 00:37:44,200 --> 00:37:48,720 Then prepare to star in the masturbatory fantasies of millions. 601 00:37:49,120 --> 00:37:50,360 Let me tell you something, Al. 602 00:37:51,529 --> 00:37:55,410 Making that tape was one thing, but releasing it is something else. 603 00:37:57,530 --> 00:37:59,130 Will I be mortified? Yes. 604 00:38:00,510 --> 00:38:04,470 In the end, though, all that it proves is that I made love to my husband. 605 00:38:05,070 --> 00:38:08,730 What it says about you is that you're sick and you're mean. 606 00:38:09,430 --> 00:38:10,990 It's not what you used to be, Al. 607 00:38:14,090 --> 00:38:15,110 It's what you've become. 608 00:38:26,800 --> 00:38:27,800 Isn't she a pistol? 609 00:38:28,720 --> 00:38:29,920 Al. What? 610 00:38:31,980 --> 00:38:32,980 Don't do it. 611 00:38:33,480 --> 00:38:34,480 Now you're going to start. 612 00:38:34,980 --> 00:38:39,200 There is a line, even in my business, and I think you're crossing it. 613 00:38:39,700 --> 00:38:43,380 Can she win in court? I think she can. I think she can also see you for damages. 614 00:38:44,120 --> 00:38:45,180 That's another conversation. 615 00:38:45,740 --> 00:38:47,860 What I'm saying to you right now is that you're wrong. 616 00:38:49,460 --> 00:38:50,460 I'm out. 617 00:38:50,620 --> 00:38:51,800 Then I'll get another lawyer. 618 00:38:52,060 --> 00:38:55,640 Look, you're wounded, Al. I understand this. She ripped your insides out. I go 619 00:38:55,640 --> 00:38:59,400 to sleep thinking about her. I wake up thinking about her. Not one of us who 620 00:38:59,400 --> 00:39:00,400 hasn't been there. 621 00:39:00,520 --> 00:39:04,240 And what am I supposed to do? Just tough it out? That's exactly what you do. You 622 00:39:04,240 --> 00:39:08,600 face it down as much as it hurts inside, as much as it rips at your gut. 623 00:39:09,740 --> 00:39:13,480 You just grit your teeth and you wait for it to pass. 624 00:39:14,280 --> 00:39:15,680 And what makes you think it will? 625 00:39:16,360 --> 00:39:17,500 Because it always does. 626 00:39:19,310 --> 00:39:21,490 You just have to give it time. 627 00:39:22,930 --> 00:39:29,430 On the other hand, if you insist on this pathetic act of spite, you may very 628 00:39:29,430 --> 00:39:30,430 well never live it down. 629 00:39:45,470 --> 00:39:46,470 Leave it with me. 630 00:39:48,620 --> 00:39:49,920 Messenger it over this afternoon. 631 00:39:54,740 --> 00:39:55,740 Right. 632 00:39:59,540 --> 00:40:00,540 And that'll be that. 633 00:40:20,140 --> 00:40:23,440 Mr. Cusack, the court has decided not to entertain your rebuttal. 634 00:40:25,800 --> 00:40:30,740 If it pleases the court, I would respectfully ask... Counsel, it would 635 00:40:30,740 --> 00:40:32,020 the court if you take your seat. 636 00:40:35,380 --> 00:40:39,260 All of us have reviewed the transcripts on this case with a great deal of 637 00:40:39,260 --> 00:40:44,220 scrutiny, and we unanimously agree that this was an extremely balanced and close 638 00:40:44,220 --> 00:40:47,620 trial. In fact, it could be argued that on the record... 639 00:40:48,040 --> 00:40:50,980 The defendant appeared to have established a reasonable doubt. 640 00:40:51,460 --> 00:40:55,760 The jury obviously found otherwise, which was certainly within their 641 00:40:56,040 --> 00:41:01,400 But it cannot be disputed that the prosecutor's ability to establish the 642 00:41:01,400 --> 00:41:06,060 defendant as a liar played an integral part in her ability to secure a 643 00:41:06,060 --> 00:41:10,640 conviction, and it is likely that the district attorney never would have been 644 00:41:10,640 --> 00:41:15,280 able to do this had she properly advised defense counsel of the card she was 645 00:41:15,280 --> 00:41:16,280 holding. 646 00:41:16,360 --> 00:41:19,800 Now it is our custom to go into session and issue written opinions. 647 00:41:20,780 --> 00:41:25,360 But since our respective positions are so clearly unanimous in this instance, 648 00:41:25,580 --> 00:41:31,240 and since justice delayed in some cases amounts to justice denied, we are ruling 649 00:41:31,240 --> 00:41:37,360 now. The surprise DNA evidence prejudiced the defendant's right to a 650 00:41:37,360 --> 00:41:39,100 under the United States Constitution. 651 00:41:40,720 --> 00:41:44,380 Accordingly, we hereby set aside the verdict and the death penalty. 652 00:41:45,130 --> 00:41:47,690 and order a new trial to be scheduled immediately. 653 00:41:48,150 --> 00:41:49,150 Oh, God. 654 00:41:49,310 --> 00:41:50,310 Thank God. 655 00:41:50,930 --> 00:41:53,970 This matter is remanded to Superior Court for retrial. 656 00:41:54,630 --> 00:41:56,870 Thank you, Mr. Cusack and Miss Flanagan. 657 00:41:57,530 --> 00:41:58,530 We're adjourned. 658 00:42:07,410 --> 00:42:10,030 I know someone we have to call. 659 00:42:24,300 --> 00:42:26,460 What's this I hear about you changing your mind? 660 00:42:26,680 --> 00:42:30,240 Well, I had a talk with Jonathan, after which I decided he was right. This firm 661 00:42:30,240 --> 00:42:33,240 should not be representing that client. For God's sake, Leland. 662 00:42:34,040 --> 00:42:39,320 Anderson Industries could increase our yearly revenues by almost 35%. I am 663 00:42:39,320 --> 00:42:42,220 of that, Rosalind. I didn't say it was an easy decision. 664 00:42:42,520 --> 00:42:46,260 Well, you're obviously so prone to vacillating over this. Let me ask you to 665 00:42:46,260 --> 00:42:47,260 reconsider again. 666 00:42:47,520 --> 00:42:48,980 Nope. The decision is made. 667 00:42:49,260 --> 00:42:50,260 That's the end of it. 668 00:42:52,490 --> 00:42:55,830 This firm has a far bigger problem than I ever realized. 669 00:42:56,310 --> 00:43:00,170 Well, there'll be other big clients, Rosalind. I'm not talking about clients 670 00:43:00,170 --> 00:43:02,890 right now. I'm talking about the senior partner. 671 00:43:03,270 --> 00:43:06,790 I'm talking about somebody who can't make a hard decision when he needs to 672 00:43:06,790 --> 00:43:09,790 because he's too afraid of risking his popularity. 673 00:43:10,190 --> 00:43:11,590 What the hell is it with you? 674 00:43:12,110 --> 00:43:14,250 Do you thrive on picking fights? 675 00:43:14,550 --> 00:43:16,370 I thrive because I'm not afraid of them. 676 00:43:17,470 --> 00:43:21,670 This isn't a country club, Leland, where you get to be the golf pro. 677 00:43:22,210 --> 00:43:26,450 It's a tough business, and any firm, if it wants to get ahead, needs a strong 678 00:43:26,450 --> 00:43:30,430 leader. I have been running this firm for 25 years, and I don't need you to 679 00:43:30,430 --> 00:43:33,570 in here and tell me how I... You are running it into the ground, which is why 680 00:43:33,570 --> 00:43:34,830 you brought me in, to save you. 681 00:43:36,170 --> 00:43:37,830 Well, I can't save you from yourself. 682 00:43:38,970 --> 00:43:43,430 I can't help you if you are going to exalt your sense of altruism to this 683 00:43:43,430 --> 00:43:47,610 of fiscal blindness. If you're not happy, Roz, you can leave through the 684 00:43:47,610 --> 00:43:51,470 door you came in. Believe it or not, I do care about this place. 685 00:43:52,100 --> 00:43:55,000 That's why I came in here fighting right now. Fine. 686 00:43:55,900 --> 00:43:57,440 Well, this fight you lose. 687 00:43:57,680 --> 00:43:58,680 The decision stands. 688 00:43:58,880 --> 00:43:59,900 We don't take that client. 689 00:44:00,240 --> 00:44:01,240 Are we clear? 690 00:44:01,540 --> 00:44:02,540 Oh, yeah. 691 00:44:04,180 --> 00:44:06,040 It's all becoming very clear. 692 00:44:23,310 --> 00:44:27,290 Criminal complaint number 89 -7053, People v. 693 00:44:27,510 --> 00:44:28,510 Earl Williams. 694 00:44:29,890 --> 00:44:31,970 Margaret Flanagan for the People, Your Honor. 695 00:44:32,330 --> 00:44:36,170 As you know, the defendant's conviction was overturned yesterday by the Supreme 696 00:44:36,170 --> 00:44:37,170 Court of California. 697 00:44:37,790 --> 00:44:41,730 We've refiled our complaint, and the People ask that a new trial be scheduled 698 00:44:41,730 --> 00:44:42,730 soon as possible. 699 00:44:43,020 --> 00:44:47,020 Michael Kuzak for the defendant. Petition for leave to file a motion to 700 00:44:47,020 --> 00:44:51,040 the complaint, as well as a motion to suppress the DNA evidence of the 701 00:44:51,040 --> 00:44:54,880 prosecution. I'll hear your motions next Tuesday at 10. 702 00:44:55,460 --> 00:44:58,820 Penitent trial date for the first week in April. 703 00:44:59,160 --> 00:45:00,640 Seek bail modification, Your Honor. 704 00:45:01,360 --> 00:45:02,360 Denied. Same bail. 705 00:45:02,780 --> 00:45:06,060 Your Honor, I'll also be seeking a court order to instruct the Los Angeles 706 00:45:06,060 --> 00:45:08,460 police to locate and detain Mr. Ronald Sewell. 707 00:45:08,680 --> 00:45:09,680 Excuse me? 708 00:45:10,040 --> 00:45:13,640 Mr. Sewell, more commonly known as Pinto, was the man seen leaving the 709 00:45:13,640 --> 00:45:17,820 scene by my witness, Philip Michael Holden, which witness you found to be 710 00:45:17,820 --> 00:45:21,940 unreliable. Upon information and belief, Mr. Sewell has recently been seen in 711 00:45:21,940 --> 00:45:25,400 the area, and the interests of justice would mandate that he be picked up for 712 00:45:25,400 --> 00:45:29,420 questioning. Mr. Sewell is not a suspect, Your Honor. We're satisfied 713 00:45:29,420 --> 00:45:31,360 man who killed Nina Corey is right there. 714 00:45:31,880 --> 00:45:34,200 I can't tell the police who to pick up, Mr. Cusack. 715 00:45:34,560 --> 00:45:36,420 If they don't consider this Mr. 716 00:45:36,920 --> 00:45:40,520 Sewell to be a suspect, I'm certainly not ordering them to do so. He's 717 00:45:40,520 --> 00:45:43,780 a flight risk, Your Honor. If we don't pick him up, then... I'm sorry, but 718 00:45:43,780 --> 00:45:45,040 that's not within my authority. 719 00:45:45,700 --> 00:45:47,500 Trial date for the first week of April. 720 00:45:47,800 --> 00:45:50,380 I'll see both of you here next week on the motion to dismiss. 721 00:45:51,920 --> 00:45:52,920 That's all. 722 00:45:57,840 --> 00:46:00,480 Well, we're back in the running, Earl. Thank you, Michael. 723 00:46:00,700 --> 00:46:01,880 I've got to see some people. 724 00:46:05,460 --> 00:46:06,980 Obviously, we're very disappointed. 725 00:46:07,400 --> 00:46:10,920 It's a very sad day when a murderer's conviction is overturned on a 726 00:46:10,920 --> 00:46:15,660 technicality. But I assure the people, this office is dedicated to keeping Earl 727 00:46:15,660 --> 00:46:16,660 Williams in prison. 728 00:46:17,000 --> 00:46:20,980 It's the Saturday when district attorneys disregard the laws they were 729 00:46:20,980 --> 00:46:21,799 to uphold. 730 00:46:21,800 --> 00:46:24,420 If there's any public disgust here, it should be directed at Margaret Flanagan. 731 00:46:24,600 --> 00:46:27,940 You want to try this in the media, Margaret? So why? 732 00:46:28,340 --> 00:46:30,980 I can play the same game as you. 733 00:46:31,900 --> 00:46:35,360 I have no further comments. I'll see you in court, Margaret. 734 00:46:35,760 --> 00:46:36,880 No further comments. 735 00:46:39,029 --> 00:46:41,850 Mr. Cusack, I'm Johnny Kale. We spoke on the phone. 736 00:46:42,110 --> 00:46:44,130 Right. Thanks for meeting me here. 737 00:46:45,710 --> 00:46:49,770 Ronald Sewell, street name Pinto. Last seen around Olympic Grand, but he could 738 00:46:49,770 --> 00:46:50,770 be anywhere. 739 00:46:50,850 --> 00:46:53,590 I want you to find out where he lives and search it. Right. 740 00:46:54,370 --> 00:46:56,350 Most of all, I want him. 741 00:46:56,610 --> 00:47:00,770 When you find him, I want you to set up a meeting. 742 00:47:02,050 --> 00:47:04,790 You're asking us to hold him against his will, sir? 743 00:47:06,730 --> 00:47:07,730 Absolutely not. 744 00:47:09,940 --> 00:47:11,220 We'll get him for you, counselor. 745 00:47:11,960 --> 00:47:12,960 Good. 62005

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