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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:00,001 --> 00:00:04,459 Obviously, shockwaves are running through the entire community, as well as 2 00:00:04,460 --> 00:00:05,510 profound grief. 3 00:00:05,780 --> 00:00:09,180 Sister Carolyn Oaks was a beloved, beloved member of the church. 4 00:00:09,820 --> 00:00:13,600 Preliminary reports say she was stabbed more than 30 times. 5 00:00:13,880 --> 00:00:15,990 Oh, can you believe it? That's what I need. 6 00:00:16,180 --> 00:00:20,259 Ellen, it's a compliment. High -profile case. You get the assignment. Too high 7 00:00:20,260 --> 00:00:23,879 -profile. I don't need that kind of pressure. It makes my face break out. 8 00:00:23,880 --> 00:00:26,959 were actually responding to the calls of another kidnapping victim, Cynthia 9 00:00:26,960 --> 00:00:29,680 Simonson, when they found the nun's body in a closet. 10 00:00:29,681 --> 00:00:33,679 Unconfirmed reports indicate... The arraignment's when? Nine o 'clock. Maybe 11 00:00:33,680 --> 00:00:35,219 I'll stop by my way and watch. Why? 12 00:00:35,220 --> 00:00:38,139 Because it's high profile and I want to be there for your first pimple. Oh, 13 00:00:38,140 --> 00:00:41,570 funny. This is big stuff, Helen. They must consider you their go -to DA. 14 00:00:41,571 --> 00:00:42,899 It's a compliment. 15 00:00:42,900 --> 00:00:43,950 Yeah, yeah, yeah. 16 00:01:44,400 --> 00:01:48,430 Case number three, two, six, five, four. Commonwealth versus Michael Kingston. 17 00:01:48,660 --> 00:01:49,980 Murder in the first degree. 18 00:01:54,280 --> 00:01:55,330 Quiet down. 19 00:01:56,240 --> 00:01:57,380 I said quiet. 20 00:01:58,200 --> 00:02:02,699 Anybody who disrupts this room will be removed, possibly to a jail cell. I 21 00:02:02,700 --> 00:02:04,200 think you want to test me. 22 00:02:04,201 --> 00:02:07,299 Joseph Mapp, the defendant, your honor. We'll waive reading. 23 00:02:07,300 --> 00:02:08,999 Helen Gamble for the Commonwealth. 24 00:02:09,000 --> 00:02:10,479 We'd obviously oppose bail. 25 00:02:10,680 --> 00:02:13,450 Okay, let's conference. We can set the trial date there. 26 00:02:17,920 --> 00:02:21,899 Counsel, I have great respect for the public defenders, as well as your work 27 00:02:21,900 --> 00:02:26,760 particular, but given the magnitude of scrutiny this case is likely to 28 00:02:26,980 --> 00:02:33,159 together with the limits on your office's resources... Ms. Joe, would you 29 00:02:33,160 --> 00:02:34,210 up, please? 30 00:02:36,020 --> 00:02:38,790 Ms. Joe, did you hear me? Would you please come forward? 31 00:02:38,840 --> 00:02:40,740 I hope you're not thinking of... You win. 32 00:02:41,300 --> 00:02:45,759 Congratulations. Your Honor. Get together with the DA. Let's conference 33 00:02:45,760 --> 00:02:46,519 as possible. 34 00:02:46,520 --> 00:02:49,919 Your Honor, I regretfully have to decline my schedule. Counsel, this 35 00:02:49,920 --> 00:02:51,360 request. It's your case. 36 00:02:51,680 --> 00:02:55,360 Next. Case number 32655, people versus Nathan. 37 00:02:55,991 --> 00:03:02,779 Can she really make me do this? She can't make me, can she? Can she make me? 38 00:03:02,780 --> 00:03:03,479 Where is she? 39 00:03:03,480 --> 00:03:04,780 Chambers. Come on. 40 00:03:06,280 --> 00:03:10,639 Oh, come on. You love these cases. Granted, it doesn't involve a chopped 41 00:03:10,640 --> 00:03:13,100 head, but still. We don't want this one. 42 00:03:13,340 --> 00:03:14,800 Why? You know why. 43 00:03:15,100 --> 00:03:16,160 Well, then humor me. 44 00:03:16,380 --> 00:03:21,599 The victim is a nun stabbed 30 times. This kind of crime, the stigma will run 45 00:03:21,600 --> 00:03:25,499 the lawyers defending the psycho who killed her. Again, I keep going back to 46 00:03:25,500 --> 00:03:29,420 client who cut off the girl's head. You defended him. He was innocent. 47 00:03:29,720 --> 00:03:34,019 To the public, he wasn't, so you face the same stigma there, Bobby. Which is 48 00:03:34,020 --> 00:03:36,740 we don't need to be the lawyers on this one. 49 00:03:37,050 --> 00:03:40,289 Plus, the district attorney is my roommate. I bet grants for 50 00:03:40,290 --> 00:03:43,629 right there. Not if the judge is convinced you'll rise above the 51 00:03:43,630 --> 00:03:45,170 conflict, which I am. 52 00:03:45,490 --> 00:03:49,869 Helen Gamble is also an ex -girlfriend of mine. You've tried cases against her 53 00:03:49,870 --> 00:03:50,920 before. Your Honor. 54 00:03:51,190 --> 00:03:56,249 Bobby, if I were to recuse you every time you've slept with the other side... 55 00:03:56,250 --> 00:04:00,530 Hey, there's already a lynch mob mentality out there. You can see that. 56 00:04:01,210 --> 00:04:05,869 I need to ensure he gets a legitimate and zealous defense. You people fight 57 00:04:05,870 --> 00:04:07,409 murderers better than anybody. 58 00:04:07,410 --> 00:04:11,469 You can't force us to take this case. Of course I can't. It's exactly what I'm 59 00:04:11,470 --> 00:04:13,190 doing. Go defend him. 60 00:04:17,510 --> 00:04:19,529 I got him down to straight probation. 61 00:04:19,769 --> 00:04:21,010 I think we should jump. 62 00:04:21,630 --> 00:04:25,450 But, Jimmy, if I take any guilty finding, I lose my job. 63 00:04:25,750 --> 00:04:28,820 I've got a morals clause which says any criminal conviction. 64 00:04:28,990 --> 00:04:30,770 Maybe we could talk. Yeah, boss. 65 00:04:31,090 --> 00:04:32,140 He can't waive it. 66 00:04:32,310 --> 00:04:33,360 There's a precedent. 67 00:04:33,450 --> 00:04:38,410 This is a company with 32 ,000 employees. This isn't fair. This isn't 68 00:04:38,411 --> 00:04:42,329 Mr. Burroughs, it's not like you didn't commit the crime. You offered the woman 69 00:04:42,330 --> 00:04:46,289 money. But I never would have. I am sitting in a bar. I'm minding my own 70 00:04:46,290 --> 00:04:48,350 business, and she came up to me. 71 00:04:48,351 --> 00:04:51,539 We're going to go with entrapment. 72 00:04:51,540 --> 00:04:53,260 Is there any chance we could win? 73 00:04:53,580 --> 00:04:54,630 Yes. 74 00:04:55,340 --> 00:04:56,560 But not a good one. 75 00:04:58,740 --> 00:05:02,680 Miss Washington, it isn't exactly like my life has a lot of dimension. 76 00:05:03,480 --> 00:05:09,600 I have a job, which I've put in 16 years at. I've been a complete company man, 77 00:05:09,700 --> 00:05:13,800 and they say I could stay on, but not if I have a guilty finding. 78 00:05:15,040 --> 00:05:16,520 I want to roll the dice, Jimmy. 79 00:05:18,101 --> 00:05:20,189 This is bad. 80 00:05:20,190 --> 00:05:23,149 What can I tell you? First of all, if this thing goes to trial, we lose a 81 00:05:23,150 --> 00:05:26,109 fortune. The court -ordered fees are minimal. I don't care about the money. 82 00:05:26,110 --> 00:05:29,189 What's with the panic then? We've done nasty cases before. This was a nun, 83 00:05:29,190 --> 00:05:30,770 Eugene. Stabbed repeatedly. 84 00:05:31,170 --> 00:05:34,780 I understand, but we defended child killers. Are you upset on religious 85 00:05:34,781 --> 00:05:36,029 Have you been watching the news? 86 00:05:36,030 --> 00:05:39,409 Look, we could bring a motion before a different judge. Try to get out. Arguing 87 00:05:39,410 --> 00:05:42,660 what? Hardship. That we're too overloaded to... That won't fly. Look. 88 00:05:45,370 --> 00:05:47,110 Look, we've been assigned the case. 89 00:05:47,500 --> 00:05:50,030 So we do the job. Lindsay, meet the client. Oh, great. 90 00:05:50,031 --> 00:05:53,579 Eleanor, I want you to draft a promotion for a gag order. No doubt Helen will be 91 00:05:53,580 --> 00:05:56,879 trying this case in the media every chance she gets you. And Lindsay will 92 00:05:56,880 --> 00:05:59,399 if it gets that far since we're better off with women. I'm moving out of 93 00:05:59,400 --> 00:06:00,299 criminal, remember? 94 00:06:00,300 --> 00:06:03,920 Never mind. Eugene, I'd like you to do a memorandum on changing venue. 95 00:06:04,200 --> 00:06:08,619 We should try to move this thing out of Boston. How about L .A.? Lucy, good. All 96 00:06:08,620 --> 00:06:10,820 calls from the media. We have no comment. 97 00:06:11,820 --> 00:06:14,800 It isn't fair. The guy is like this sad sack. 98 00:06:15,020 --> 00:06:16,070 It was entrapment. 99 00:06:16,071 --> 00:06:19,449 What do you want from me, Jimmy? You know, I would never ask a favor in a 100 00:06:19,450 --> 00:06:23,170 million years that I thought was, you know, unethical. I don't know that, 101 00:06:23,290 --> 00:06:24,690 actually. But go ahead. 102 00:06:24,990 --> 00:06:26,850 The guy is getting a bum shake. 103 00:06:27,110 --> 00:06:31,049 He's worked hard in his job, and he's about to lose it because some undercover 104 00:06:31,050 --> 00:06:36,410 cop got him aroused. And it's vintage entrapment. So make the argument. 105 00:06:36,730 --> 00:06:38,110 I'd like to make it to you. 106 00:06:38,670 --> 00:06:40,290 Judge Cohen's going on vacation. 107 00:06:41,250 --> 00:06:44,980 This thing will get transferred to one of six divisions, including yours. 108 00:06:45,520 --> 00:06:47,520 I know Mark, Pat Sells, the clerk. 109 00:06:47,940 --> 00:06:51,879 I'd like him to steer it your way. That wouldn't be a good idea. I wouldn't kick 110 00:06:51,880 --> 00:06:56,779 it. From where I stand, your client committed the crime. And second, I don't 111 00:06:56,780 --> 00:07:00,619 appreciate your even asking what you're asking. It amounts to an ex parte 112 00:07:00,620 --> 00:07:04,720 communication. It's wrong, and you know it. I got a good guy here. I don't care. 113 00:07:05,700 --> 00:07:07,700 Fine. Forget it. Fine. 114 00:07:08,400 --> 00:07:11,660 You're angry now. Just forget it. I gotta go. Hey, Jimmy. 115 00:07:12,440 --> 00:07:16,899 I understand you want to help your friend, but you have to understand that 116 00:07:16,900 --> 00:07:22,540 I put on that robe, I don't play favorites for anybody. 117 00:07:24,040 --> 00:07:25,800 I thought I'd just take a shot. 118 00:07:26,300 --> 00:07:27,560 Oh, I do like that. 119 00:07:28,160 --> 00:07:29,640 You do take your shots. 120 00:07:32,500 --> 00:07:38,260 Say, why don't you come back in a couple of hours when the rope is off? 121 00:07:52,970 --> 00:07:54,450 I'm Lindsay Dole. I know. 122 00:07:54,451 --> 00:07:57,129 I was there at the arraignment, remember? 123 00:07:57,130 --> 00:07:58,180 Yes. 124 00:07:58,230 --> 00:07:59,280 Okay. 125 00:07:59,690 --> 00:08:03,889 First off, attorney, quite a privilege. Anything you say obviously goes no 126 00:08:03,890 --> 00:08:06,929 further, so... Yes, but you don't want me to be too truthful in case I want to 127 00:08:06,930 --> 00:08:07,980 testify. 128 00:08:08,110 --> 00:08:10,700 We have to preserve you from lawyer ethic problems. 129 00:08:12,470 --> 00:08:13,520 All right. 130 00:08:15,790 --> 00:08:18,740 Any thoughts on how a sliced -up nun got in your apartment? 131 00:08:19,750 --> 00:08:20,800 I haven't a clue. 132 00:08:21,530 --> 00:08:22,580 How's that? 133 00:08:25,160 --> 00:08:28,560 This woman, Cynthia Simonson, who called the police. 134 00:08:29,460 --> 00:08:30,840 Was she being held captive? 135 00:08:30,841 --> 00:08:33,519 Shouldn't you get to know a little bit about me first? 136 00:08:33,520 --> 00:08:37,418 I mean, I'm sure a nice person such as yourself has conflicts defending 137 00:08:37,419 --> 00:08:39,020 something so vile as me. 138 00:08:39,980 --> 00:08:42,330 I kind of stay emotionally neutral in my cases. 139 00:08:43,039 --> 00:08:45,329 So let's just stick with the facts of the case. 140 00:08:47,140 --> 00:08:50,090 Let's start with the underlying kidnap charge on the girl. 141 00:08:50,220 --> 00:08:52,640 I didn't kidnap her. 142 00:08:53,360 --> 00:08:55,470 She came back to my apartment, willingly. 143 00:08:55,880 --> 00:08:57,760 She just found herself locked in. 144 00:08:57,761 --> 00:09:01,099 And that would be false imprisonment, by the way. That's a distinction from 145 00:09:01,100 --> 00:09:02,150 kidnapping. 146 00:09:02,540 --> 00:09:04,220 This isn't your first case, is it? 147 00:09:04,880 --> 00:09:05,940 No, it isn't. 148 00:09:06,220 --> 00:09:08,750 Because you've got a little virgin thing going on. 149 00:09:09,260 --> 00:09:10,700 Well, not that I don't like it. 150 00:09:13,640 --> 00:09:17,999 Look, Mr. Kingston, you're in jail right now either because you killed somebody 151 00:09:18,000 --> 00:09:20,470 or somebody else played you for the perfect dupe. 152 00:09:20,471 --> 00:09:23,049 Either way, I consider you pretty stupid. 153 00:09:23,050 --> 00:09:25,529 And if you think you're going to intimidate me somehow, we can just 154 00:09:25,530 --> 00:09:28,449 because I really don't have the time. I'm representing you because a judge 155 00:09:28,450 --> 00:09:32,129 ordered me to, and I will defend you as best I can, but don't mistake my effort 156 00:09:32,130 --> 00:09:33,180 for caring. 157 00:09:34,610 --> 00:09:35,730 You disgust me. 158 00:09:38,910 --> 00:09:43,710 The reason he even knew her is because she reached out to help him. How so? 159 00:09:44,570 --> 00:09:46,620 He would show up at the church sometimes. 160 00:09:47,090 --> 00:09:48,140 Angry. 161 00:09:49,710 --> 00:09:50,760 Respondent. 162 00:09:51,760 --> 00:09:53,480 One time, Carolyn approached him. 163 00:09:54,860 --> 00:09:56,480 That was the thing about Carolyn. 164 00:09:57,720 --> 00:09:59,240 She was there for everybody. 165 00:10:00,760 --> 00:10:02,560 Being there for him got her killed. 166 00:10:03,960 --> 00:10:05,880 Three nights ago, she went to see him? 167 00:10:06,080 --> 00:10:08,220 Yes. She got a call from him. 168 00:10:08,480 --> 00:10:11,940 And he asked if she could come visit him at his apartment. 169 00:10:12,880 --> 00:10:18,419 She knew nothing about his criminal record. We told the police all this. I 170 00:10:18,420 --> 00:10:19,580 understand, but... 171 00:10:20,080 --> 00:10:23,859 His lawyers are good, and they may take this to trial. I just don't want to be 172 00:10:23,860 --> 00:10:25,000 surprised by anything. 173 00:10:26,220 --> 00:10:31,059 For example, they might even claim that Michael Kingston and Sister Carolyn were 174 00:10:31,060 --> 00:10:32,680 having a physical relationship. 175 00:10:33,020 --> 00:10:37,900 What? Their job is to get him off. They're not beneath arguing anything. 176 00:10:38,340 --> 00:10:41,480 Carolyn wasn't having any physical relationship. 177 00:10:41,780 --> 00:10:45,779 If that's going to be their legal strategy, good luck to them. They got 178 00:10:45,780 --> 00:10:46,539 wrong nun. 179 00:10:46,540 --> 00:10:47,740 She went there. 180 00:10:48,280 --> 00:10:50,800 To help a man she thought was in need. 181 00:10:51,060 --> 00:10:54,800 Miss Gamble, you are going to put this man in jail, aren't you? 182 00:10:56,600 --> 00:10:59,040 Yes, I'm definitely going to do that. 183 00:11:06,900 --> 00:11:10,400 This woman, Cynthia Simonson, you say you didn't kidnap her. 184 00:11:10,780 --> 00:11:12,720 I met her at a bar in Kenmore Square. 185 00:11:13,340 --> 00:11:15,660 She left with me, happily. 186 00:11:15,661 --> 00:11:18,139 She was at the bar with friends. I asked them. 187 00:11:18,140 --> 00:11:19,940 And you came back to your apartment? 188 00:11:20,360 --> 00:11:21,410 To play Scrabble. 189 00:11:22,320 --> 00:11:23,760 We're back to being cute now? 190 00:11:23,900 --> 00:11:26,130 She left with me to spend the night together. 191 00:11:26,971 --> 00:11:28,999 Which we did. 192 00:11:29,000 --> 00:11:30,980 And why'd you keep her locked up inside? 193 00:11:30,981 --> 00:11:32,119 I didn't. 194 00:11:32,120 --> 00:11:36,340 I went out to get coffee in the morning, and I have a barred door with padlock. 195 00:11:36,341 --> 00:11:37,479 It's the only way it locks. 196 00:11:37,480 --> 00:11:39,340 And the reason you have a barred door? 197 00:11:40,000 --> 00:11:41,050 Safety. 198 00:11:41,140 --> 00:11:42,520 Don't want to get ripped off. 199 00:11:43,120 --> 00:11:46,430 Plus, which I had a nun in my closet. I didn't want people popping in. 200 00:11:49,701 --> 00:11:56,329 Well, you won't be walking back. We'll get you to a cab. You know where the 201 00:11:56,330 --> 00:11:57,890 entrance is? Yeah, I'm using it. 202 00:11:58,230 --> 00:11:59,280 Back off! 203 00:12:00,370 --> 00:12:02,250 Why me? Why always me? 204 00:12:02,251 --> 00:12:05,369 Well, it won't be you from here on in. I'll be with you every step. 205 00:12:05,370 --> 00:12:08,189 What about the supposed kidnapping of the college girl? 206 00:12:08,190 --> 00:12:10,109 He said she went back to his place voluntarily. 207 00:12:10,110 --> 00:12:12,509 What difference does it make? He carved up a nun. 208 00:12:12,510 --> 00:12:15,849 Oh, may raise Fourth Amendment issues. Do we have an address on her? It's in my 209 00:12:15,850 --> 00:12:17,710 coat pocket, probably soaked in yolk. 210 00:12:17,711 --> 00:12:20,829 Eleanor, try to talk to this girl. Eugene, I guess we should try to make 211 00:12:20,830 --> 00:12:23,149 with Dr. Crane in case we want to go with insanity. 212 00:12:23,150 --> 00:12:26,069 Dr. Crane charges five grand. This is corner pointed and state will never 213 00:12:26,070 --> 00:12:28,889 authorize it. Just give him a call in case you want to go that route. Give him 214 00:12:28,890 --> 00:12:31,360 what he did. There's got to be a chance. He's insane. 215 00:12:31,470 --> 00:12:33,950 So we're going to the Met for this psycho. 216 00:12:34,470 --> 00:12:35,520 Do we have a choice? 217 00:12:37,270 --> 00:12:38,930 We had a few drinks, talked. 218 00:12:39,370 --> 00:12:42,530 And at some point, officer, you told him you were a prostitute. 219 00:12:42,810 --> 00:12:44,670 I said I was lady of the evening, yes. 220 00:12:44,671 --> 00:12:48,629 And how did Mr. Burroughs respond to that? He was surprised at first, maybe 221 00:12:48,630 --> 00:12:50,070 shocked. What happened next? 222 00:12:50,071 --> 00:12:53,349 We kept talking. I eventually asked him if he'd like to go upstairs to his hotel 223 00:12:53,350 --> 00:12:54,510 room. He said yes. 224 00:12:54,750 --> 00:12:56,250 Did you ever quote him a price? 225 00:12:56,710 --> 00:12:58,370 $400. And then? 226 00:12:59,030 --> 00:13:02,929 We went upstairs. He paid me the money, at which point I told him I was an 227 00:13:02,930 --> 00:13:04,310 undercover police officer. 228 00:13:04,330 --> 00:13:08,000 I placed him under arrest, read him his rights, and took him into custody. 229 00:13:13,310 --> 00:13:15,480 Why were you working this bar undercover? 230 00:13:15,481 --> 00:13:18,979 Mainly because high -priced call girls were. It was a problem. 231 00:13:18,980 --> 00:13:21,570 And this was an upscale hotel bar, right, officer? 232 00:13:21,780 --> 00:13:26,079 Yes. A lot of out -of -town business people frequented, including many law 233 00:13:26,080 --> 00:13:29,990 -abiding people, right? Yes. In fact, mostly law -abiding, wouldn't you say? 234 00:13:29,991 --> 00:13:33,859 Probably. And you weren't out to sting my client specifically, were you? 235 00:13:33,860 --> 00:13:37,680 No. In fact, you didn't even know who he was when you sat down. No, I didn't. 236 00:13:37,681 --> 00:13:40,859 And when you first sat down next to him, you told him you were an executive 237 00:13:40,860 --> 00:13:42,300 secretary. Isn't that right? 238 00:13:42,360 --> 00:13:46,080 Yes. How long were the two of you talking before you said you were a 239 00:13:46,440 --> 00:13:51,300 Maybe an hour or so. An hour or so. So for a while, he could have thought, hey, 240 00:13:51,360 --> 00:13:53,040 this woman thinks I'm attractive. 241 00:13:53,340 --> 00:13:54,390 Is that possible? 242 00:13:54,391 --> 00:13:55,479 I guess. 243 00:13:55,480 --> 00:13:56,530 You guess? 244 00:13:56,700 --> 00:14:00,680 Well, in fact, that was the idea, wasn't it? I suppose it was. 245 00:14:00,900 --> 00:14:06,039 So before you told him that you worked for hire, do you think it was possible 246 00:14:06,040 --> 00:14:10,700 was... Already hoping maybe something could happen upstairs in his hotel room? 247 00:14:11,320 --> 00:14:15,479 I don't know what he was thinking. Did you feel, sitting there, he was 248 00:14:15,480 --> 00:14:16,919 physically attracted to you? 249 00:14:16,920 --> 00:14:17,970 Yes, I did. 250 00:14:18,300 --> 00:14:21,040 Your Honor, I'd like to see her as she was that night. 251 00:14:21,340 --> 00:14:24,590 Objection. There's no point. It certainly goes to our entrapment 252 00:14:24,900 --> 00:14:25,950 I agree. 253 00:14:26,180 --> 00:14:28,230 The court will be adjourned for one hour. 254 00:14:29,360 --> 00:14:32,520 Life with parole, we both save ourselves a lot of aggravation. 255 00:14:32,780 --> 00:14:33,980 Are you out of your mind? 256 00:14:33,981 --> 00:14:36,619 He could have been out of his, Helen, in which case... There's no way I'm making 257 00:14:36,620 --> 00:14:40,379 any deal which allows this guy to see the street again. I understand the 258 00:14:40,380 --> 00:14:42,730 outcry. It has nothing to do with public outcry. 259 00:14:48,520 --> 00:14:52,460 Look at what he did. 260 00:14:54,820 --> 00:14:56,020 That's how she was found. 261 00:14:57,980 --> 00:14:59,300 You want him free one day? 262 00:15:02,320 --> 00:15:03,370 No. 263 00:15:03,620 --> 00:15:07,320 But if you don't offer us something, we have no choice but to go to trial. 264 00:15:08,620 --> 00:15:09,670 We'll agree to life. 265 00:15:10,440 --> 00:15:14,699 I can't agree to parole. Come on, did you really expect me to? I don't feel 266 00:15:14,700 --> 00:15:18,419 devoting six months of my life to this guy. Judge Hiller did that to you, not 267 00:15:18,420 --> 00:15:19,470 me. 268 00:15:23,580 --> 00:15:26,580 Could you just walk over to the foreman, hold his hand? 269 00:15:27,240 --> 00:15:31,180 Objection. A woman like this touches you, it has an effect, Your Honor. 270 00:15:32,680 --> 00:15:33,730 Go ahead. 271 00:15:42,740 --> 00:15:44,860 Now smile at him like you did my client. 272 00:15:47,880 --> 00:15:48,930 Objection. 273 00:15:49,420 --> 00:15:50,470 Objection. 274 00:15:55,460 --> 00:15:57,140 I really appreciate you coming in. 275 00:15:57,141 --> 00:16:00,919 You shouldn't thank me too fast. I have absolutely no intention of helping you. 276 00:16:00,920 --> 00:16:04,700 Believe me, we completely understand. We just have a few questions. 277 00:16:05,180 --> 00:16:08,310 The police say that you were locked inside Mr. Kingston's home. 278 00:16:08,311 --> 00:16:10,659 Yeah, it was like one of those barricade doors. 279 00:16:10,660 --> 00:16:12,640 And you went there willingly, correct? 280 00:16:13,140 --> 00:16:14,280 Yeah, I spent the night. 281 00:16:17,540 --> 00:16:20,260 At what point did you decide that you were kidnapped? 282 00:16:21,200 --> 00:16:27,759 When I woke up, he was gone, and I couldn't get out the door with the 283 00:16:27,760 --> 00:16:29,500 I called the police. There was panic. 284 00:16:29,710 --> 00:16:33,380 And when they got there, you told them that there were guns in the closet? 285 00:16:33,390 --> 00:16:35,010 I told them that's what he told me. 286 00:16:42,490 --> 00:16:44,170 And that's when they opened it up? 287 00:16:44,810 --> 00:16:47,760 Yeah, that's the last thing I remember before passing out. 288 00:16:48,330 --> 00:16:54,510 When they opened the door and I... I spent the night with him. 289 00:16:56,530 --> 00:16:57,610 I could have been next. 290 00:17:03,709 --> 00:17:06,329 Good news or bad, depending on how you look at it. 291 00:17:07,230 --> 00:17:08,280 What? 292 00:17:08,890 --> 00:17:10,940 We got a shot at getting this case kicked. 293 00:17:10,941 --> 00:17:12,689 Excuse me? 294 00:17:12,690 --> 00:17:13,740 Fourth Amendment. 295 00:17:13,910 --> 00:17:15,170 Could be a bogus search. 296 00:17:15,490 --> 00:17:17,670 How do you figure? They moved in on a kidnap. 297 00:17:17,890 --> 00:17:19,450 There was no kidnap here, Bobby. 298 00:17:19,829 --> 00:17:23,379 He was coming back to the place with donuts. The police didn't know that. 299 00:17:23,380 --> 00:17:26,868 there was nothing exigent. The arresting officer is taking the stand tomorrow at 300 00:17:26,869 --> 00:17:29,549 the PC hearing. If he says what I think he's going to, our little nun killer 301 00:17:29,550 --> 00:17:30,439 could walk. 302 00:17:30,440 --> 00:17:35,320 Lindsay, there was a woman locked up inside his apartment and a chopped up 303 00:17:35,620 --> 00:17:38,990 And I'm telling you, we might be able to suppress the chopped up nun. 304 00:17:41,280 --> 00:17:42,860 I don't really want to. 305 00:17:44,040 --> 00:17:45,090 You think I do? 306 00:17:49,280 --> 00:17:51,980 I paid the woman the money. I don't deny that. 307 00:17:52,300 --> 00:17:56,400 But? But I didn't go into the bar looking for a call girl. 308 00:17:57,000 --> 00:18:01,000 I sat down at the bar, I ordered a nightcap, then she sat down. 309 00:18:01,660 --> 00:18:06,159 Okay, but Mr. Burroughs, she didn't force you to hire her services. We were 310 00:18:06,160 --> 00:18:07,740 talking, getting along. 311 00:18:08,540 --> 00:18:12,799 You know, I should have known something was up. Pretty women never come up to 312 00:18:12,800 --> 00:18:13,850 me. 313 00:18:14,080 --> 00:18:16,580 Things were getting flirtatious. 314 00:18:17,080 --> 00:18:18,760 And I started thinking... 315 00:18:19,750 --> 00:18:20,800 Hotel bar. 316 00:18:20,990 --> 00:18:22,040 I'm on the road. 317 00:18:22,250 --> 00:18:26,189 He says he's on the road. And my mind is going right to where a man's mind goes 318 00:18:26,190 --> 00:18:27,330 to in these situations. 319 00:18:27,570 --> 00:18:28,620 Which is where? 320 00:18:28,950 --> 00:18:30,000 My penis. 321 00:18:30,250 --> 00:18:31,300 Mr. Burroughs. 322 00:18:32,070 --> 00:18:33,970 I'm just being honest. 323 00:18:34,270 --> 00:18:39,109 I haven't slept with a woman in four years. I don't even go looking for it. 324 00:18:39,110 --> 00:18:40,160 a realist. 325 00:18:40,530 --> 00:18:43,370 But now suddenly I'm thinking this is a possibility. 326 00:18:43,371 --> 00:18:44,769 And then? 327 00:18:44,770 --> 00:18:47,069 Then she tells me she's the lady of the evening. 328 00:18:47,070 --> 00:18:48,270 And how did you respond? 329 00:18:49,230 --> 00:18:50,280 I was crushed. 330 00:18:50,670 --> 00:18:55,390 One minute I was thinking this beautiful woman was actually attracted to me. 331 00:18:55,810 --> 00:18:59,829 And then the next day I come crashing back down to earth. But as we continue 332 00:18:59,830 --> 00:19:05,269 talking, I begin to realize why she's sitting there and smiling at me. And it 333 00:19:05,270 --> 00:19:10,809 occurs to me that this possibility that I've been so excited about, that still 334 00:19:10,810 --> 00:19:14,870 exists. And all of these little dreams I had been dreaming. 335 00:19:16,370 --> 00:19:18,590 Well, suddenly $400 seemed cheap. 336 00:19:19,130 --> 00:19:20,390 And I said yes. 337 00:19:21,350 --> 00:19:26,449 She got me as thirsty as she could. She led me to a trough, and then I get 338 00:19:26,450 --> 00:19:28,650 arrested because I wanted to drink. 339 00:19:30,570 --> 00:19:32,290 We were responding to a 911. 340 00:19:32,610 --> 00:19:35,920 When we got there, we found the girl behind the padlock steel door. 341 00:19:35,930 --> 00:19:36,980 Then what happened? 342 00:19:37,070 --> 00:19:41,349 We cut through the door, freed the woman. She told us the suspect had guns 343 00:19:41,350 --> 00:19:42,550 something in the closet. 344 00:19:43,390 --> 00:19:47,590 We opened the closet door, found the remains of the nun. 345 00:19:49,390 --> 00:19:54,529 After you cut through the front door to reach Miss Simonson, there was no real 346 00:19:54,530 --> 00:19:56,150 emergency, was there, officer? 347 00:19:56,370 --> 00:20:00,349 I suppose not. And did you feel Miss Simonson had the authority to give you 348 00:20:00,350 --> 00:20:01,910 permission to open the closet? 349 00:20:02,930 --> 00:20:05,150 Well... You knew it wasn't her home, right? 350 00:20:08,370 --> 00:20:10,850 And by the way, how did you open the closet? 351 00:20:11,730 --> 00:20:12,780 Crowbar. 352 00:20:13,510 --> 00:20:17,309 Your Honor, at this time, the defense asks that you suppress the entire 353 00:20:17,310 --> 00:20:18,360 of that closet. 354 00:20:27,790 --> 00:20:29,270 I see counsel in chambers. 355 00:20:32,510 --> 00:20:36,889 It's a no -brainer. No exigency, no plain sight. The police were responding 356 00:20:36,890 --> 00:20:40,089 what they thought was a kidnap. But after they went in, they had the girl. 357 00:20:40,090 --> 00:20:42,929 if there's cause for an arrest, there's cause for a search incident to an 358 00:20:42,930 --> 00:20:44,729 arrest. Did you just make that up? Hold on. 359 00:20:44,730 --> 00:20:47,449 They could have secured the premises, got the warrant, they could have come 360 00:20:47,450 --> 00:20:51,269 and searched. Instead, they just skipped the warrant. If there was one kidnap, 361 00:20:51,270 --> 00:20:54,169 there could have been two. Somebody clearly could have been in that car. All 362 00:20:54,170 --> 00:20:56,510 right, let's just cut through this. 363 00:20:57,740 --> 00:21:02,099 I'm told you'd agree to life with parole. Let's just do that. That offer 364 00:21:02,100 --> 00:21:03,119 on the table anymore. 365 00:21:03,120 --> 00:21:07,799 Bobby, I suggest you take it. Why? Because that officer could have 366 00:21:07,800 --> 00:21:10,090 believed there were exigent circumstances. 367 00:21:10,350 --> 00:21:14,669 What? He's a young kid. He comes upon a kidnap. Hold on a second. Lower your 368 00:21:14,670 --> 00:21:18,990 voice, please. You stuck us on this case to do a job. Which I'm grateful for. 369 00:21:19,050 --> 00:21:21,520 And you gotta do yours. Don't you raise your voice. 370 00:21:21,710 --> 00:21:25,610 You're looking to avoid setting this guy free. I get it. But the search was bad. 371 00:21:25,611 --> 00:21:28,269 I said lower your voice. There were no exigent circumstances. 372 00:21:28,270 --> 00:21:32,889 The suspect wasn't even there. They knew the girl had no authority to say yes to 373 00:21:32,890 --> 00:21:36,090 the search. They had to get a warrant. They didn't. They screwed up. 374 00:21:36,091 --> 00:21:39,759 And everybody in this room knows they screwed up. And if you suppress the 375 00:21:39,760 --> 00:21:41,980 contents of that closet, this guy walks. 376 00:21:42,280 --> 00:21:45,560 We all know that, too. The victim and the weapon were inside. 377 00:21:48,420 --> 00:21:50,160 I'll hear oral arguments tomorrow. 378 00:21:50,440 --> 00:21:54,399 Why? Because I want to. It's my prerogative. Do you keep forgetting I'm 379 00:21:54,400 --> 00:21:55,900 judge? Let's not you forget it. 380 00:21:57,040 --> 00:21:59,800 Oral arguments at 10 o 'clock tomorrow. 381 00:22:01,620 --> 00:22:03,140 I'll see Ms. Gamble alone. 382 00:22:03,500 --> 00:22:05,020 Why? Hey, out! 383 00:22:12,970 --> 00:22:14,770 You better give me something, Helen. 384 00:22:15,490 --> 00:22:19,749 I don't want to set him free any more than you want me to, but you better give 385 00:22:19,750 --> 00:22:21,309 me something because... 386 00:22:21,310 --> 00:22:27,410 Your Honor, 387 00:22:27,490 --> 00:22:30,650 go get something. 388 00:22:31,870 --> 00:22:33,610 You haven't got much time. 389 00:22:38,320 --> 00:22:43,479 Under the belief this woman was a prostitute, you agreed to pay her $400 390 00:22:43,480 --> 00:22:46,020 sex. She had me in an aroused state. 391 00:22:46,220 --> 00:22:51,220 Is that your defense? You were in an aroused state? My defense is entrapment. 392 00:22:51,600 --> 00:22:54,910 And this crime would never have happened if she hadn't come along. 393 00:22:55,280 --> 00:23:00,080 You agreed to pay her $400 for sex. Yes, Mr. Tisbury. 394 00:23:00,320 --> 00:23:01,370 They got me. 395 00:23:01,560 --> 00:23:05,499 Good for them. Your Honor, I... No, no, Jimmy, don't tell me to calm down. Now 396 00:23:05,500 --> 00:23:09,959 I'm angry. Now listen, I pay my taxes and this is what I get? The government 397 00:23:09,960 --> 00:23:15,080 waving illegal candy bars in my face, hoping that I will bite. And you did 398 00:23:15,320 --> 00:23:18,630 didn't you, sir? Which brings me right back to congratulations! 399 00:23:19,240 --> 00:23:23,159 Listen, you know, maybe you ought to litter the street with $20 bills next 400 00:23:23,160 --> 00:23:25,510 bust the homeless when they don't turn them in. 401 00:23:31,980 --> 00:23:35,819 What the hell was that? I'm angry. Our chance is right on sympathy, and you 402 00:23:35,820 --> 00:23:38,460 blew it. I don't care when I think about what they did. 403 00:23:38,660 --> 00:23:39,710 No, you did it. 404 00:23:39,800 --> 00:23:43,619 They maybe brought you to the trough, but you did drink, Clyde. I wanted to 405 00:23:43,620 --> 00:23:47,039 drink. I wanted to bite, but I didn't. Because you got arrested before you 406 00:23:47,040 --> 00:23:53,020 could. All right, Clyde, if we can still settle... You know something, Jimmy? 407 00:23:53,580 --> 00:23:58,379 I'm a weak person. I know that, but I never broke a damn law in my life. They 408 00:23:58,380 --> 00:24:01,780 caused me to, and it just isn't fair. 409 00:24:03,211 --> 00:24:10,019 Anything and everything on search and seizure. Get on Westloft. Check the 410 00:24:10,020 --> 00:24:11,739 Virginia case that threw out Miranda. 411 00:24:11,740 --> 00:24:15,660 Forget lunch, forget dinner. I need those citations by 7 o 'clock. Go, go, 412 00:24:18,700 --> 00:24:19,750 Don't tell me. 413 00:24:19,751 --> 00:24:23,659 The officer's screwed up, Mark. Now I'm screwed going in there. Ellen, if he 414 00:24:23,660 --> 00:24:27,579 walks... He's going to walk, Mark, unless... Between 415 00:24:27,580 --> 00:24:33,560 now and ten o 'clock tomorrow morning, I have to find something. 416 00:24:47,720 --> 00:24:49,890 up to date are you on the Fourth Amendment? 417 00:24:50,500 --> 00:24:53,160 The Fourth Amendment is an embarrassment. 418 00:24:53,540 --> 00:24:54,980 What else do you need to know? 419 00:24:57,440 --> 00:24:58,490 What's wrong? 420 00:25:00,080 --> 00:25:02,380 I may have to set the nun killer free. 421 00:25:03,440 --> 00:25:04,490 What? 422 00:25:04,700 --> 00:25:05,750 Warrantless search. 423 00:25:06,180 --> 00:25:07,660 Stupid police mistake. 424 00:25:07,661 --> 00:25:08,959 Oh, God. 425 00:25:08,960 --> 00:25:13,620 Maybe I should just look the other way. Let the appeals court do the dirty work. 426 00:25:13,700 --> 00:25:15,560 That isn't you, Zoe. We both know that. 427 00:25:16,030 --> 00:25:18,150 Suppose I transfer it over to you. 428 00:25:18,610 --> 00:25:19,910 Well, it's not me either. 429 00:25:21,870 --> 00:25:26,189 Besides which, I'm having a little thing with one of the lawyers at Bobby 430 00:25:26,190 --> 00:25:28,780 Donald's firm, so I'd have to recuse myself anyway. 431 00:25:28,990 --> 00:25:30,770 What? Oh, Jimmy Berluti. 432 00:25:31,150 --> 00:25:32,410 Little bollock. 433 00:25:32,690 --> 00:25:34,250 Have you lost your mind? 434 00:25:34,251 --> 00:25:37,849 What? I'm not supposed to have a personal life? Well, you shouldn't be 435 00:25:37,850 --> 00:25:42,649 with lawyers who appear before you. I don't. That's why I just said I'd have 436 00:25:42,650 --> 00:25:44,190 recuse myself. You know... 437 00:25:45,130 --> 00:25:49,469 It's been quite a while since I've seen you smile. It wouldn't be such a bad 438 00:25:49,470 --> 00:25:52,210 thing if you went out and got yourself... Never mind. 439 00:26:00,390 --> 00:26:02,390 What am I going to do, Roberta? 440 00:26:04,310 --> 00:26:09,609 The man, this is the killed nun. I put him back out there, he'll no doubt kill 441 00:26:09,610 --> 00:26:10,660 somebody else. 442 00:26:10,750 --> 00:26:12,250 What about the kidnap charge? 443 00:26:12,490 --> 00:26:16,410 It won't stick. They arrested the guy coming back to the house with coffee. 444 00:26:16,830 --> 00:26:18,750 The phone in the apartment worked. 445 00:26:18,970 --> 00:26:20,350 She was free to make a call. 446 00:26:20,590 --> 00:26:22,450 Clearly, she wasn't being kidnapped. 447 00:26:22,630 --> 00:26:24,610 What the hell am I going to do? 448 00:26:47,880 --> 00:26:51,130 Nice bomb, Lindsay. Couldn't tell me over breakfast, could you? 449 00:26:51,500 --> 00:26:52,550 No. 450 00:26:58,220 --> 00:26:59,270 Sorry. 451 00:26:59,540 --> 00:27:03,380 You know, I realize you didn't want this case either, but still. 452 00:27:04,360 --> 00:27:08,659 What you do for a living, it's repulsive. And your little credo of just 453 00:27:08,660 --> 00:27:13,079 job, it doesn't excuse it. Hold on a second, Helen. You hold on. It says 454 00:27:13,080 --> 00:27:16,559 something about a person's character, the kind of work that she would do. 455 00:27:16,560 --> 00:27:19,599 turning this personal? The fact that you could represent him even under court 456 00:27:19,600 --> 00:27:22,579 order and look at yourself in the mirror. I'm not going to listen to this. 457 00:27:22,580 --> 00:27:24,539 don't. It might kick up a little bit of a conscience. 458 00:27:24,540 --> 00:27:28,099 Oh, give me a break. No, Lindsay, the breaks go to people who kill nuns. And 459 00:27:28,100 --> 00:27:31,159 police, because they're always innocent. The police try to catch criminals, 460 00:27:31,160 --> 00:27:34,159 Lindsay. Three of them planted a knife in Eleanor's desk trying to... to frame 461 00:27:34,160 --> 00:27:37,779 her and George Vogelman. I'm not talking about that. I am. You know, you're 462 00:27:37,780 --> 00:27:39,800 crying about... This guy killed a nun. 463 00:27:39,801 --> 00:27:42,279 And if we could trust the police, then we wouldn't have all these searching 464 00:27:42,280 --> 00:27:46,059 scenes. Oh, don't talk to me. Oh, don't turn this on me. If you were in my 465 00:27:46,060 --> 00:27:49,479 position, you'd do the exact same thing. I would never be in your position. Hey. 466 00:27:49,480 --> 00:27:51,080 Go to hell. You go to hell. 467 00:28:10,860 --> 00:28:11,940 Were you up all night? 468 00:28:12,280 --> 00:28:13,330 Couldn't sleep. 469 00:28:13,440 --> 00:28:14,490 Sure you could. 470 00:28:14,940 --> 00:28:16,440 Oh, go to hell again. 471 00:28:17,420 --> 00:28:18,470 Lindsay. 472 00:28:20,160 --> 00:28:21,210 I'm sorry. 473 00:28:21,700 --> 00:28:26,000 I don't mean to take it out on you, but you're here. 474 00:28:28,700 --> 00:28:30,500 You think I want the guy free, Helen? 475 00:28:30,900 --> 00:28:31,950 No. 476 00:28:37,800 --> 00:28:39,040 He hired her. 477 00:28:40,550 --> 00:28:43,170 $400. He agreed to pay her. 478 00:28:43,610 --> 00:28:46,270 And his defense is what? The aroused penis defense? 479 00:28:47,390 --> 00:28:52,109 The thing about prostitution, ladies and gentlemen, we can throw the Janes in 480 00:28:52,110 --> 00:28:57,730 jail, but they end up right back out there because they have no choice. 481 00:28:58,730 --> 00:29:03,230 Broke, some with drug problems, some with children to support. 482 00:29:03,550 --> 00:29:08,409 They can trade on their bodies, and they do. They end up right back out on the 483 00:29:08,410 --> 00:29:12,350 street. Because as far as they see it, there's no other choice. 484 00:29:12,870 --> 00:29:16,050 For the Johns, they do have a choice. 485 00:29:17,590 --> 00:29:19,590 Deterrence works on the Johns. 486 00:29:21,370 --> 00:29:28,369 And if we can shut down the demand by going after them, and this man, he had a 487 00:29:28,370 --> 00:29:34,810 choice, didn't he? He chose to knowingly break the law to pay for sex. 488 00:29:36,590 --> 00:29:40,960 Now, He has to pay the consequence for that choice. 489 00:29:47,220 --> 00:29:52,799 Entrapment. That's defined as when a person is lured into the commission of a 490 00:29:52,800 --> 00:29:55,980 crime that he has no predisposition to commit. 491 00:29:56,520 --> 00:29:58,220 And that's this case. 492 00:29:58,620 --> 00:30:04,239 Clyde Burroughs never would have committed this crime if he had been left 493 00:30:04,240 --> 00:30:05,460 by the police. 494 00:30:05,960 --> 00:30:07,470 That's... Entrapment. 495 00:30:07,910 --> 00:30:12,390 And Mr. Tisbury stands here lecturing you on how we have to stop the Johns. 496 00:30:13,250 --> 00:30:15,150 Clyde never was a John in his life. 497 00:30:15,390 --> 00:30:20,590 He only became a John here because the police convinced him to become one. 498 00:30:20,970 --> 00:30:22,230 And big picture. 499 00:30:22,790 --> 00:30:25,910 Is this what we want the police to be doing? 500 00:30:26,490 --> 00:30:31,229 Staking out law -abiding citizens, baiting them into committing crimes, 501 00:30:31,230 --> 00:30:32,280 busting them? 502 00:30:33,730 --> 00:30:37,670 Sure. If Clyde Burroughs had been stronger, he could have resisted. 503 00:30:37,970 --> 00:30:41,310 Maybe if he'd been more moral, he would have resisted. 504 00:30:41,690 --> 00:30:43,910 But he wasn't. He was weak. 505 00:30:44,590 --> 00:30:49,929 And thank God we have the police to go out and find the weak and lure them into 506 00:30:49,930 --> 00:30:50,980 committing crimes. 507 00:30:51,410 --> 00:30:54,870 Come on. The police are supposed to protect us. 508 00:30:55,240 --> 00:30:59,679 not trap us. The police are supposed to be catching the people who are out there 509 00:30:59,680 --> 00:31:03,919 committing crimes, not finding innocent people and luring them into committing 510 00:31:03,920 --> 00:31:04,970 crimes. 511 00:31:06,360 --> 00:31:12,159 Clyde Burroughs would not be sitting here today but for the actions of a 512 00:31:12,160 --> 00:31:13,210 officer. 513 00:31:15,560 --> 00:31:18,660 Is this the government we want? 514 00:31:23,530 --> 00:31:24,910 Donald Young, Dolan Fright. 515 00:31:26,010 --> 00:31:27,090 Oh, shut up. 516 00:31:31,470 --> 00:31:33,230 Heard of Star 69, you idiot? 517 00:31:33,470 --> 00:31:35,030 I'm reporting you to the police. 518 00:31:35,510 --> 00:31:36,560 What's going on? 519 00:31:36,970 --> 00:31:38,020 It's his case. 520 00:31:38,330 --> 00:31:39,770 People don't like us doing it. 521 00:31:45,890 --> 00:31:47,510 Absent, exigent circumstances. 522 00:31:48,290 --> 00:31:50,520 The police cannot search without a warrant. 523 00:31:50,730 --> 00:31:53,440 They thought she was kidnapped. Which buys them entry. 524 00:31:54,170 --> 00:31:58,350 But once they had her, once the exigency was over, they had to get a warrant. 525 00:31:58,351 --> 00:32:02,449 There was no danger of losing evidence. They could have secured the premises. 526 00:32:02,450 --> 00:32:05,929 They can't even argue search incident to the arrest because the suspect was 527 00:32:05,930 --> 00:32:07,490 arrested outside the building. 528 00:32:09,290 --> 00:32:16,290 I know the idea of setting a murder defendant free is, of course, 529 00:32:16,310 --> 00:32:18,290 repugnant. 530 00:32:19,440 --> 00:32:23,360 to everybody in this room, especially this defendant. 531 00:32:24,260 --> 00:32:28,959 But we have a Constitution, a Fourth Amendment and case law that couldn't be 532 00:32:28,960 --> 00:32:33,280 more clear. The police were required to have a warrant to search that closet. 533 00:32:33,460 --> 00:32:37,539 They didn't get that warrant. As a result, everything in that closet is 534 00:32:37,540 --> 00:32:39,240 inadmissible as evidence. 535 00:32:45,580 --> 00:32:46,640 Ms. Gamble. 536 00:32:49,800 --> 00:32:50,850 Ms. Gamble? 537 00:32:59,940 --> 00:33:02,740 The Fourth Amendment does not require warrants. 538 00:33:03,020 --> 00:33:08,039 It protects people against unreasonable searches, but it has never, by its 539 00:33:08,040 --> 00:33:12,299 language, required warrants. The Supreme Court has chimed in and said that it 540 00:33:12,300 --> 00:33:13,350 does. 541 00:33:13,450 --> 00:33:17,909 The modern Supreme Court interpreted it that way. The language only requires 542 00:33:17,910 --> 00:33:22,169 reasonableness, and nowhere, nowhere does the Fourth Amendment ever say that 543 00:33:22,170 --> 00:33:26,410 evidence obtained absent a warrant or even absent reasonableness be excluded. 544 00:33:26,750 --> 00:33:31,030 This exclusionary rule wasn't carved out by the courts until 1961. 545 00:33:31,670 --> 00:33:37,109 That means for 172 years, the Fourth Amendment did just fine without 546 00:33:37,110 --> 00:33:41,699 evidence. The courts decided to impose that sanction. The courts decided that 547 00:33:41,700 --> 00:33:46,199 that would be the best way to remedy police misconduct. Now we've stretched 548 00:33:46,200 --> 00:33:47,520 to remedy police mistakes. 549 00:33:48,380 --> 00:33:51,280 Innocent mistakes which themselves are reasonable. 550 00:33:51,520 --> 00:33:56,299 If a convicted felon locks up a woman, if he tells her he has guns in his 551 00:33:56,300 --> 00:33:59,520 closet, reason says he's forfeited his right to privacy. 552 00:34:00,120 --> 00:34:03,920 Reason says those police officers should go in and investigate. 553 00:34:04,340 --> 00:34:09,919 Are you asking me to ignore the holdings of the Supreme Court? I'm asking you to 554 00:34:09,920 --> 00:34:14,599 recognize the absurdity of the exclusionary rule. I'm asking you to 555 00:34:14,600 --> 00:34:19,658 how ridiculous it is to require 20 -year -old police officers to understand the 556 00:34:19,659 --> 00:34:21,900 law when judges and lawyers can't. 557 00:34:21,901 --> 00:34:26,238 In this case, there was no misconduct by the officers. They rescued a woman who 558 00:34:26,239 --> 00:34:27,379 appeared to be kidnapped. 559 00:34:27,380 --> 00:34:31,019 They attempted to make sure the apartment was gun -free before the 560 00:34:31,020 --> 00:34:32,800 returned. This is reasonable. 561 00:34:33,120 --> 00:34:38,480 That man sitting right over there stabbed Anon 30 times and cut her into 562 00:34:38,620 --> 00:34:40,499 He has a felony record. He... 563 00:34:40,500 --> 00:34:47,619 Last 564 00:34:47,620 --> 00:34:51,380 night, I got into a screaming argument with the defense counsel. 565 00:34:52,000 --> 00:34:54,060 She accused me of making this personal. 566 00:34:56,540 --> 00:34:57,700 It is personal. 567 00:35:00,160 --> 00:35:02,940 I take my job very personally, Your Honor. 568 00:35:03,500 --> 00:35:08,060 I like to come in here thinking the work I do counts for something. 569 00:35:08,880 --> 00:35:10,920 Just like those police officers. 570 00:35:13,200 --> 00:35:14,250 And... 571 00:35:14,510 --> 00:35:20,409 When we see criminals get turned loose on technicalities that have nothing to 572 00:35:20,410 --> 00:35:27,109 with merit or... The Constitution was designed to 573 00:35:27,110 --> 00:35:29,790 protect the innocent, not the guilty. 574 00:35:31,250 --> 00:35:38,149 In this case, that man, Your Honor, feed this right into the mouths of the 575 00:35:38,150 --> 00:35:39,200 Supreme Court. 576 00:35:39,810 --> 00:35:42,890 If they want to spit him back on the street, yes. 577 00:35:43,790 --> 00:35:47,710 Yes, I'm asking you to overrule recent decisions. 578 00:35:48,250 --> 00:35:51,510 We need a brave judge to do that, Your Honor. 579 00:35:51,990 --> 00:35:56,109 Otherwise, they'll never get the chance to revisit the irrationality of... 580 00:35:56,110 --> 00:36:02,210 He killed a nun. 581 00:36:03,890 --> 00:36:07,010 He mutilated a nun and stuffed her into a closet. 582 00:36:07,970 --> 00:36:10,860 Fourth Amendment was never meant to protect this animal. 583 00:36:14,060 --> 00:36:15,110 I'm sorry. 584 00:36:15,720 --> 00:36:16,770 It's personal. 585 00:36:28,320 --> 00:36:35,119 I don't want to be Judge Hiller. I think Helen did 586 00:36:35,120 --> 00:36:36,059 pretty well. 587 00:36:36,060 --> 00:36:38,620 Given her hand, I've seen you better. 588 00:36:39,880 --> 00:36:40,930 I'm sorry? 589 00:36:42,299 --> 00:36:46,059 You hit all the marks. You certainly weren't bad, but I've seen you better. 590 00:36:46,060 --> 00:36:47,139 you accusing me of something? 591 00:36:47,140 --> 00:36:50,519 No. Let's see you defend that guy better, Bobby. I wasn't criticizing. 592 00:36:50,520 --> 00:36:51,660 are, and I don't like it. 593 00:37:30,030 --> 00:37:31,650 Will the defendant please rise? 594 00:37:40,110 --> 00:37:41,790 Has the jury reached its verdict? 595 00:37:42,070 --> 00:37:44,250 We have, Your Honor. What say you? 596 00:37:45,210 --> 00:37:46,950 In the matter of Commonwealth v. 597 00:37:47,330 --> 00:37:51,889 Burroughs on the charge of solicitation, we find the defendant, Clyde Burroughs, 598 00:37:51,890 --> 00:37:53,050 not guilty. 599 00:37:53,890 --> 00:37:54,940 Oh, God. 600 00:37:55,470 --> 00:37:56,520 Oh, thank you. 601 00:37:57,350 --> 00:37:59,310 You stuck to your guns, Clyde. 602 00:37:59,690 --> 00:38:00,740 You hung in there. 603 00:38:02,950 --> 00:38:07,030 I gotta admit, I didn't think we'd win. Well, I owe you big. 604 00:38:07,650 --> 00:38:11,369 Do me a favor. From now on, go to bars like this instead of hotels. Pretty 605 00:38:11,370 --> 00:38:13,110 don't come in here except for Beck. 606 00:38:13,330 --> 00:38:14,410 I take offense at that. 607 00:38:15,310 --> 00:38:19,229 Roberta. Hi. I just swung by to tell you that I won't be able to see you later 608 00:38:19,230 --> 00:38:22,250 tonight. I gotta check on Judge Hiller. She may need me. 609 00:38:22,790 --> 00:38:23,840 How'd she rule? 610 00:38:23,890 --> 00:38:26,660 Oh, she hasn't yet. I don't know which way she's gonna go. 611 00:38:26,960 --> 00:38:29,820 So, can I please have a rain check for dinner? 612 00:38:30,580 --> 00:38:31,760 Sure. Oh, sure. 613 00:38:32,660 --> 00:38:34,340 Never mind. I'm going to go. 614 00:38:36,060 --> 00:38:37,110 I'll call you later. 615 00:38:42,400 --> 00:38:46,400 We're friends. 616 00:39:14,570 --> 00:39:20,269 I agree with Ms. Gamble. There is nothing in the language of the Fourth 617 00:39:20,270 --> 00:39:22,350 Amendment that requires warrants. 618 00:39:22,770 --> 00:39:27,890 Nor is there anything that says illegally obtained evidence should be 619 00:39:28,090 --> 00:39:34,369 These rulings have been carved out by the courts in response to our distrust 620 00:39:34,370 --> 00:39:35,369 the police. 621 00:39:35,370 --> 00:39:39,969 I also realize the courts are more than willing to adjust their thinking to the 622 00:39:39,970 --> 00:39:41,020 needs of the day. 623 00:39:42,150 --> 00:39:43,650 We search... 624 00:39:44,000 --> 00:39:49,540 Bags at airports now, without warrants. Make people go through metal detectors. 625 00:39:49,980 --> 00:39:54,220 California requires fingerprints just to get a driver's license. 626 00:39:54,600 --> 00:40:00,359 The Department of Transportation has mandatory drug testing. We have all 627 00:40:00,360 --> 00:40:07,239 invasive things we do to people, absent not only warrants, but absent any 628 00:40:07,240 --> 00:40:08,640 suspicion of wrongdoing. 629 00:40:09,140 --> 00:40:11,640 So, why camp? 630 00:40:12,200 --> 00:40:17,759 a police officer who's been told there are weapons in the closet of a convicted 631 00:40:17,760 --> 00:40:24,160 felon, a man suspected of kidnapping, why can't he open the closet? 632 00:40:25,880 --> 00:40:29,140 I agree with the district attorney. 633 00:40:29,360 --> 00:40:35,519 The Fourth Amendment has been interpreted and expanded by the court to 634 00:40:35,520 --> 00:40:41,600 where it belies both the language and the intent of the amendment, which is... 635 00:40:42,000 --> 00:40:43,380 reasonableness. 636 00:40:49,280 --> 00:40:56,079 But I also know that Supreme Court 637 00:40:56,080 --> 00:41:02,640 rulings on search and seizure have set clear rules. 638 00:41:03,100 --> 00:41:06,280 And as much as I would love to be a renegade. 639 00:41:06,840 --> 00:41:13,619 Our criminal justice system has no chance whatsoever once the judges 640 00:41:13,620 --> 00:41:17,760 begin embracing judicial anarchy. 641 00:41:18,300 --> 00:41:21,560 The search of the closet was illegal. 642 00:41:21,880 --> 00:41:28,819 The contents are inadmissible. With the contents suppressed, I find no probable 643 00:41:28,820 --> 00:41:30,440 cause to hold the defendant. 644 00:41:30,700 --> 00:41:32,240 He is free to go. 645 00:41:54,770 --> 00:41:56,868 can we get it 646 00:41:56,869 --> 00:42:01,419 Repair and Synchronization by Easy Subtitles Synchronizer 1.0.0.0 56098

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