Original subtitles

Previously, on The Practice. I was at the preliminary hearing where you

testified that your father shot your mother. And that wasn't the truth!

Why would you wait till now to change your story? I just couldn't go through

with it. What do you think I should do? Well, I would normally advise you to

tell the truth.

But if the truth is something different than what you said at the prelim,

telling the truth would expose you to perjury charges.

He's my dad.

If it wasn't true, what really happened? I was angry.

My father pulled the gun on me, then I basically attacked him.

Look, I'm sorry about all of this, but it really was an accident. We find the

defendant, Gordon Armbrust, not guilty.

Gary Armbrust, you're under arrest for the murder of Charlotte Armbrust. What?

What's going on here? By his own testimony, as well as his father's, the

went off when he attacked his father.

Accidental shooting or not, felony murder rule applied. What is she talking

about? You're looking at an automatic life sentence, Gary. That's what I'm

talking about.

Is this true?

Did I get life?

Tell me!

What the hell is going on?

Basically, felony murder.

If in the commission of a felony, murder happens, they can get you for murder

even if it's accidental.

Intent doesn't matter.

Well, what was my felony?

Your attack on your father.

The DA is calling it aggravated, which brings it up to felony, which means he

can push through with felony murder.

It's completely bogus, Gary. She is punishing you for refusing to testify

against your dad.

Well, can this stick?

I'm bringing a motion to have it kicked, and I hope the judge... Why didn't you

tell me they could do this? It's an outrageous charge.

She is angry. You told me that I was facing perjury, Eleanor.

That's what you said.

And now I'm going up on murder.

Why didn't you tell me?

I'm going to take care of it.

Forget it. Come on, Eleanor. Your kid made a choice, Eleanor.

My kid? I took him at your request to advise him against perjury. You never

threw out the possibility of felony murder. Because I hadn't thought of it

This is prosecutorial misconduct, and you know... Eleanor, bring your motion.

I'm not letting him go.

Ellen, what's wrong with your voice?

You've lost your way.

Somebody was murdered.

Somebody's going to pay for it.

That's my way.

She's crazy. She's not crazy. She's just a little motivated.

So, uh, we're continuing on with the kid? Well, I guess I'm still a lawyer.

This is a nightmare.

Anybody want an attempted murder?

I got Sybil Boyle from the PD's office. They got a guy who's fired six lawyers.

Trial starts tomorrow.

They're looking to Lou Jack.

Tell him thanks, but no thanks.

I'll do it.

Attempted murder beats paperwork.

You know, Rebecca, when you were office administrator, you'd kick and scream at

all the pro bono stuff, now that you're a lawyer. Like you all say, it's good

experience. Well, I got her on hold here. Tell her I'll do it.

She was convinced she'd look better with higher cheekbones. I thought it

ridiculous, but... But your wife wanted them.

Yes. So she went in to get implants. They told us it would be pretty routine.

They being?

Dr. Leach and the others at the hospital.

She went in on a Monday, had the surgery on Tuesday, and came home that day. And

everything seemed okay?

Well, she was swollen and in some pain, but they gave her medication. Everything

seemed okay until Wednesday night.

What happened then, sir?

She complained about having a fever and then suddenly just blacks out.

I called 911 and the paramedics came.

They, uh...

They said she had no pulse.

They brought out those shock paddle things and started jolting her.

And then they stopped.

She was gone.

Did Dr. Leach offer any explanation?

He said she got an infection.

From the operation?

He didn't know.

He said she could have gotten it at the hospital or she could have gotten it at

home. He said...

These things happen sometimes.

But you believe Dr.

Leach did something wrong.

Yes.

Why, Mr. Minor?

The way he told me, the way he cut our conversation short ever since, the way

wouldn't talk anymore.

He did something wrong.

Mr. Little, my name is Rebecca Washington. I'm your new lawyer.

I understand you've had some difficulty with your six previous lawyers.

Anything in particular they got wrong. I'd like to get a head start.

I didn't like them.

Okay. Well, since your trial starts tomorrow, I need to get up to speed.

So, according to the officers, you fired a revolver at them.

Did that happen?

No.

Okay, two officers are testifying it did.

Do we have anybody on your side to say it didn't?

No.

Okay.

The charge is clearly punitive. The district attorney has no good faith

that the defendant is guilty of felony murder. The defense counsel has no

foundation to evaluate my good faith belief. She was prosecuting the father

murder. The defendant admitted to attacking his father, causing the gun to

off. But you don't believe that, Helen. Again, you're a mind reader. No, I have

ears. You stood in front of the jury, and you said that Gary Armbrust was

this whole thing up to spare his father a life sentence. Counsel, these are

questions of fact. The boy stated under oath he assaulted his father. That's

enough for me. to hold him. Even assuming that to be true, felony murder

doesn't apply.

That law was designed for robberies or kidnappings, rape, felonies for which it

is foreseeable that a murder could result.

You charge a man with a gun, it's foreseeable it could go off. I would

remind the court of the merger doctrine. The felony act... has to be independent

of the killing for a felony murder to apply.

Here, it was the alleged felony itself that caused the death. And Massachusetts

has never recognized the murder, Doctor. Can I finish? Actually, you have. I'm

denying the motion to dismiss.

Charges stand. The defendant will be held without bail.

We can conference Wednesday to set a trial date. This is a railroad.

What? Excuse me? This boy is being charged with a crime we all know he

commit. Well, next time he should think better of confessing.

She had gone into septic shock.

That led to full cardiac arrest, which ultimately was the cause of death.

And doctor, do you have an opinion as to what caused Mrs. Minor to go into

septic shock? The blood tests show a massive infection caused by

bacteria. This would explain why her fever spiked. And doctor, do you have an

opinion as to how Mrs. Minor became exposed to this bacteria?

It had to happen during her cheekbone implant operation.

The likelihood is there was some contamination in the operating room.

You can establish that for a fact?

Well, we can't say it to a medical certainty, but since all other

have been eliminated, I... No autopsy was done on the patient, was there,

Doctor? No, and there should have been. Well, without an autopsy, we can never

really know for sure what killed Mrs. Minor, can we?

When a post -operative patient goes into septic shock within 48 hours of the

operation, move to strike.

Overruled. People should not die from cosmetic surgery.

Did you ever examine Mrs. Minor, Dr. Reynolds?

No. You ever meet her?

No. Are you being paid for today's testimony?

Objection. Overruled.

Are you being paid, sir?

Yes. How much?

$7 ,500.

How many court cases do you testify in per year?

Objection. This is completely irrelevant.

I'll allow it.

How many cases, sir?

I have no idea.

More than 50?

Probably. In fact, that's what you do, isn't it? You're a hired gun who goes

from courthouse to courthouse. You're on every plaintiff attorney's list, aren't

you? Objection!

Sustained. You have no evidence that my client did anything negligent, do you,

sir? When one of his patients dies... Please answer the question. I'm not

for any assumptions.

You cannot point to any specific incidents of negligence with respect to

Leach, can you?

No.

I was going to visit a friend.

At three o 'clock in the morning? Yeah.

And then? I heard shots.

I ran.

They grabbed me.

What, that's not in there? Those other six lawyers didn't take notes? The

said you had... I know what they said!

Didn't happen.

Okay.

The friend you went to see, you never saw him?

I had the wrong address.

Okay, can you tell me anything else?

Nope.

Okay.

I want you to think about something.

That building was dark.

The police were shooting. Self -defense is a possible option. I said I didn't do

it! Are you deaf?

Are you deaf?

No, I'm not deaf.

Please don't scream at me.

Given your felony record, my plan is not to have you testify.

If you take the stand, all your priors can come into evidence. So for now, I

don't plan to put you in the witness chair.

Thank you for seeing me. I thought if we all got in a room, I think we can all

agree there's been a certain level of frustration at work here. Why are you

frustrated, Mr. Hunter? You got an acquittal from your client.

Yes. If you proceed to try Gary for felony murder, that would obviously be

pretty disturbing for Gordon, and who knows, he might even get up there and

testify that he shot his wife of his own accord.

No provocation from Gary. In which case, I go after him for perjury.

This really is not about threats. I came in here to make an offer.

Certainly, if Gordon did give that testimony, implicating himself in a

which he's already been acquitted, then double jeopardy would mean... Get out.

Here is the offer.

Gordon will accept a year on a perjury charge.

I'm sure Ms. Frutt can convince Gary to accept a one -year sentence also on

perjury. That means no one walks off free, and the public and you can feel

sense of vindication. How dare you come in here and even suggest that? Helen.

And you. Look, I didn't know what he was going to say.

He's the guy you want to use. He's better than nothing. Your guy's getting

Eleanor. Life. As for you, I'll figure something out. You're not going to

anything out. Get out, Mr. Hunter. I am making an offer. I said get out.

Can I talk to you outside of this

case for a second? No.

to destroy yourself with this.

Don't let that... Eleanor, please leave.

There was some kind of panic.

What panic you mean?

Dr. Leach came rushing in.

It was about 20 minutes after the call that Mrs. Minor was dead.

He huddled up with Dr. Morganson, Chief of Staff.

Did you hear what was being said?

Objection, hearsay. Excited utterance?

I'll allow it.

What did you hear, Mrs. Henderson?

Well, Dr. Morganson was already upset over another patient who died.

It's not like him to become animated, but he was here. He was demanding lists

surgical teams, and he wanted an M &M conference that very night.

What's an M &M conference?

It's a mortality and morbidity conference.

Doctors convene secretly to discuss the cause of death of patients, often for

unexplained death.

Do you know the results of this meeting?

No, the contents are secret.

Nobody but the doctors ever finds out what goes on in there.

Thank you.

Gee, you make it sound like a big conspiracy.

M &M conferences are routinely held at hospitals, aren't they, Nurse Henderson?

Yes, but this was... Thank you.

And one of the reasons that they have these meetings, among others, is so that

doctors can freely swap information to learn. Isn't that correct?

Yes. They have these meetings whether things go wrong or not. They seem to

this one in a hurry.

Well, is it possible Dr.

Leach was upset about the death and he wanted to find out quickly if something

went wrong? Is that possible?

Yes. And here you are presenting a doctor's concern about his patients as

something incriminating?

Doctors have two kinds of expressions.

One is concern for the patient. The other is concern over liability.

This seemed to be the latter.

So, you base today's testimony on your ability to read an expression.

I was there, Mr. Walton.

Something was wrong.

But you weren't in that operating room, were you, Mrs. Henderson?

No, I wasn't.

We had driven into the middle of a gang shootout. We pursued several suspects on

foot into an apartment complex.

We entered into a lobby area and we became immediately under fire.

Did you see who was firing at you?

That man.

This man is lying. Your attorney will have opportunity to cross -examine. You

will remain quiet.

What happened next, officer?

We returned fire, at which point he dropped his gun and began to run for the

stairwell. We entered the stairwell.

We encountered him coming down. We told him to freeze.

He took off up the stairs. We pursued him and caught him and placed him under

arrest. I never had a gun. Mr. Little, I never had a gun. I wasn't even on that

balcony. I was just going down the stairs.

Take him out.

Take him out. People like me need to respect this room. This isn't the street

here. You don't get away with that.

Miss Washington, I'll see you in chambers.

Mr. Thompson, you too.

You've got yourself a problem, young lady. Yes, Your Honor, and for the

I don't think you handled that too deftly. What should I have done?

Asked him about his childhood?

Hmm? So here's your problem.

In addition to his general scumhood, his yelling in court, in my mind, is the

equivalent to testimony.

The D .A. is now free to cross -examine him. Just hold on a second. He yelled

that he was not on the balcony and that the officer was lying.

That's testimony.

But he wasn't under oath. The jury heard him. If you force him to take the

stand, all his priors can be admitted. Well, isn't that tragic?

Your Honor, at this point, I don't want to cross -examine.

This case is pretty straight for us. The last thing I want to do is give them

grounds for appeal.

And you're forcing him to take the stand?

Well, that's your call.

But for the rest of the trial, his hands are cupped to the chair and his mouth

is taped. Your Honor, that would be so prejudicial. It's not up for debate.

When I learned she had died, I, of course, was devastated.

In addition to being my patient, Mrs. Minor was an extraordinary person.

We were all quite fond of her.

Dr. Leach, what happened?

I don't know.

We've been through the procedure over and over and over.

Everything went according to plan.

Nothing indicated... You've heard the suggestion that Mrs. Meyer may have

up the infection during this procedure.

The room was sterile, Mr. Walton.

Whatever happened to Mrs. Meyer, it didn't happen in that room.

Well... Could she have gotten the infection elsewhere?

I don't know what happened after she left the hospital.

What happened at her home.

My dialogue with Mr. Minor stopped at that point, so... All I can tell you,

whatever caused her to die, it didn't happen in that room.

Sometimes people die, Mr. Minor.

And sometimes there's no explanation as to why people don't just die.

Mr. Minor.

They don't just die. Mr. Minor.

Doctor, please don't address the plaintiff.

This judge isn't going to go for any of that stuff.

You have to stay quiet.

We're lucky the DA didn't take him up on his offer and put you in the chair to

be crossed.

Can you at least look at me?

If your prior felonies come out, you can forget it. You got two assaults, one

with a deadly weapon. That's all the jury needs to hear.

Now, I'd like to take a shot with a plea.

If we can get eight years, I think we should take it.

You're still deaf.

Byron, I'm not saying you did it, but with the evidence... I didn't do it!

You stupid bitch! You're just like the rest of them! But I bet you hear me now,

huh? I bet you hear me now! Come here! Come here! Get off of me! Get off of me!

Get off!

Get off of me!

Hey,

don't start.

I'm gonna start.

Lindsay, just listen first, okay?

Then I'll shut up.

You don't believe that kid had anything to do with the murder.

You're punishing him because he screwed up the prosecution of the father, and in

part, you're punishing Eleanor for not convincing him to stick to the truth.

You're coming from anger. Don't tell me that. I will tell you, because I saw it.

I know what happened to you when you lost that nun killer.

And I could see what was happening when this case started to go south, and I see

you now.

And I know how this thing will play out.

If you try him on felony murder, he's going to stand up and tell the real

which will be consistent with his statement to the cops and his testimony

prelim. You will never get past reasonable doubt, and you'll be stuck

after him for perjury six months from now.

Drop the felony murder.

Let him cop to the perjury now.

Then go to the gym and hit the heavy bag. It's the only thing you can really

I don't know if I can do this anymore.

Do what?

This job.

Helen, this is just a couple of fluke cases.

Why did you schedule an M &M conference the very night Mrs. Minor died? Because,

as I explained, her death upset me.

I wanted to make sure we didn't cause it. Did you?

No. That was the conclusion reached in the M &M conference?

Objection. Those meetings are sealed. Counsel is trying to get the witness to

waive the privilege about... If it's no, it's no. I object to the trick.

He knows the meetings are secret. He's trying to exploit the secrecy to make us

look like we're hiding something. Are you a fortune teller now?

All right.

Sustained. Mr. Donald, continue.

You wanted the meeting that night because you were urgent to find out what

happened. Yes.

Did you recommend to Mr.

Minor that you do an autopsy?

He didn't seem to want that.

My question is, did you recommend it? I don't think I did.

In fact, didn't you say to Mr. Minor and his daughter, we can do an autopsy if

you want, but it won't bring her back? Weren't those your very words? I don't

remember, but it's possible I said that. Sounds almost like you were

discouraging an autopsy.

The blood work reveals she died of a bacterial infection. But you didn't know

that at the time you discouraged the autopsy. I didn't discourage it. I just

didn't push for it. You didn't push for it. That doesn't go with this urgency to

find out what happened. Was the urgency to conceal what happened? No, that isn't

what happened. Why is Dr. Morkinson so upset? Did he know Mrs. Minor? He was

upset because another patient had died.

And this news on top of that... He knew something went wrong, didn't he?

Objection. Patients don't just die from cheek implants, do they, Dr. Lee?

Objection. Something went wrong.

Mr. Donald. You say you want to know what happened, but you don't urge an

autopsy. There's a late -night secret meeting. This is exactly what I'm

about. Mr. Donald, that's enough.

Is it your testimony that you have no idea how she got this fatal infection?

That's my testimony.

He needs to perjury. We go right to sentencing today.

I'd want to be heard. You can be heard, but... Why rush it? We might as well...

Do it now or there's no deal.

It's just, I want this to be over.

And you should want it to be over, too.

Because the longer I live with it, the angrier I... There's an offer before

you. Take it or not.

And what would I get for perjury?

It's a discretionary, but I think I can make a pretty decent argument to the

judge. And we have to decide today?

There is really no decision, Gary. If we don't plead to the perjury, then the

felony murder charge doesn't get dropped, and we can't risk that.

They've got you dead to right on perjury anyway, so there's no real reason not

to jump at this.

Why do the sentencing today?

The DA wants to put this behind her, and so do you. Now, there's a chance we can

get you out of here, so let's just do it.

I fired several shots, at which point he dropped the gun and ran into the

stairway. The defendant?

Yes. We then entered the stairway on the lobby floor, met him coming down.

He started going back up, but we caught him.

You say he started shooting at you as soon as you entered the lobby?

That's correct. And you immediately returned fire?

Yes. At which point he dropped the gun and ran into the stairwell? Yes.

Any prints on the gun?

None that were usable.

The look you got of him on the balcony, that was three, four seconds?

I suppose that's about right. With a gun barrel pointed in your direction?

Yes. And the stairway was behind him.

Is that not right?

Yes. So he turned and ran with his back toward you?

I suppose.

You suppose?

Did he backpedal or did he turn and run?

He turned and ran. And how were the lights up there on the balcony?

We got a good look at them. It was dark, wasn't it?

We saw his face.

You say we like you're speaking for Officer Gibson. Did you two go over your

testimony? Objection.

Sustained. You said in your statement there may have been others on the

but it was too dark to tell. Was that your statement?

Yes, but we got a good look at him.

You don't settle down, Mr. Little, I'll remove you.

Don't think I won't have you hauled right out of here.

Thin. I'm Bobby Donald. I called.

Our information shows that your daughter died on the same day. There's been

testimony that the chief of staff was very upset about it.

I'm not entitled to see her medical records without your permission.

And what does Carol's death have to do with your case?

Well, maybe nothing, but that's what I'd like to find out.

I'd like you to please leave, sir.

Mr. Stanton, a woman died here. A woman died?

That's why you're here? You're concerned about a woman's death?

My daughter died, Mr. Donald.

We're finally at a point where our lives have resumed and you happily come along

to dig it all up because of your deep concern.

No, he's here about money.

You think twice about whether we want that kind of visit.

Our daughter was 19. I'm just trying to represent some people with a claim

against a hospital.

Carol's death was devastating.

She was our only child.

And the idea of reliving her death, he always...

It was just so... How did she die?

She went in for minor surgery and got some post -op infection.

I want to find out how many people died in that hospital a week before and a

week after. Get the names. Just listen, Lucy.

Get the names and have Jimmy, Lindsay, and Eugene contact the families and find

out how they died. And this has to be done now.

Rebecca.

You may have a little bump here.

What do you mean bump?

There was an internal police investigation regarding the shooting. I

out about it, I promise you.

Here's the report.

The shooting surrounding this arrest?

Yes.

Officer Helms evidently once claimed he wounded the suspect on the balcony. Now,

he's since backed off it, but blood was found on the balcony.

The sample was lost.

Excuse me, lost?

I don't know what to say.

If you want to move for a mistrial, I won't oppose.

We're not having any mistrial.

What? We're late into it. If the man on the balcony was wounded, then that

clears Byron Little. The officer said he was wrong about wounding him. Oh, come

on. You expect me to throw out an entire trial because... First of all, the

state has a duty to turn over all exculpatory evidence. I'm just getting

report now.

He just got it.

Second, this is material.

This completely affects how I would have cross -examined Officer Helms. You can

recall him. And they say they lost a blood sample. I need time to

Look, counsel, they caught your man running down the stairway. But he's been

saying he wasn't the man on the balcony, and that blood may prove it. How?

The officer claims he did not wound the suspect. That means the blood is

irrelevant. I'm not throwing out this trial. You can't be serious.

Look, young lady, you may be used to having your clients freed on stunts and

technicalities. But not in my court. They withheld material evidence.

The trial goes on. You can recall the officer and recross him.

That's all.

Did he lie under oath?

Yes.

Are there mitigating circumstances?

Of course there are.

His mother was martyred.

He was turned into the star witness against his father. A father...

who he had an estranged relationship with, a father, as you can see by the

psychiatric reports, Gary lived for his approval and rarely got it.

Here he is, a kid with a drug history, emotionally unstable, being asked

to put his dad away for life.

He couldn't do it.

He couldn't do it.

The law insulates us from having to testify against the spouse.

A son's connection with a father can be just as powerful.

Gary Armbrust isn't a bad kid, Your Honor.

We all know that.

He just couldn't go through with sending his dad to prison.

Yes.

The law does protect spouses from giving testimony against each other.

But there's no such immunity when it comes to father and son. And they don't

to just make up a law because in their minds the love is just as powerful.

What's at stake here is the integrity of this process.

He committed perjury.

He lied under oath. And if we tolerate it, we have to consider the worst case

scenario.

The day may come where witnesses lie to help free premeditated murderers.

This case...

This case is the worst case scenario.

A murderer is walking free because the defendant committed perjury.

Your Honor, you and I, you and I walk into this courtroom every day without

clients. In essence, we work for the room.

What he did to this room and technicalities and Fourth Amendment, he

killed her and stuffed her in a closet.

He killed a nun.

Helen? I'm sorry.

He... He lied.

We work for the room, Your Honor.

We work for the room.

I did say once that I thought I wounded him, but I was wrong.

And what suddenly convinced you you... When we caught him, he wasn't wounded,

I obviously was wrong.

Or maybe the man you shot at, the man shooting at you, was not the same man

chased in a stairwell. No, it was him. I saw his face.

And what about the blood that was found? That was old, dried blood. In this

report... I first thought it was fresh, because in my excitement, I thought I

wounded him. But it was old, dried blood that had been there. And did you test

this blood to determine... Objection. Relevance. Sustained. Your Honor... The

jury will disregard any mention of blood. It has no relevance whatsoever.

Counsel, step up.

Those blood samples could exonerate my client.

He can't know it's old blood, and the fact that those samples were somehow...

There will be no mention of blood.

It's not relevant.

And if you mention the police losing it, you buy yourself a jail cell. I am just

trying. This trial will not be prevented by fleeting defense lawyering.

I've had about enough of you already, damn it.

You need to take some time off.

Yeah.

I'm not losing my mind, Lindsay.

You just mixed up defendants.

You called the perjurer a nun killer, Helen. I'm worried about you.

You've had this look in your eye lately and your voice.

Will they give you some time off?

I think so.

She's not fair anymore.

What's not fair? Tell me what's not fair.

My sister has a radio.

Your sister has a radio?

She has a nice job at an insurance company.

She gets to sit at a desk.

And she plays her radio.

She can hear music during the day.

Just once, I'd like to turn up the radio in that room.

I have to take you on vacation myself.

I will.

You definitely need some time off.

Four patients in three days.

All routine surgeries. All dead from streptococcus sepsis. Your hospital had

bacteria. Four cases does not constitute an outbreak.

All the same strain?

In three days and you don't tell him?

He asked what happened, you just leave that out?

The other patients have privacy rights. I just can't reveal their case

histories. Is that what you're going to say when I recall you?

Seven million dollars today or I notify the health marshal. That kind of threat

could get you a trip to the overseers. I'll risk it.

I'm tempted to call the district attorney. This borders on corporate

You had a lethal strain of bacteria killing patients and you sat on it?

The health marshal might close your doors to investigate it. $300 ,000 a

that'll run you $2 to $3 million, and that's just in actuals. The long -term

damage could be worse. That's probably why you concealed the outbreak in the

first place. You were afraid the health marshal would move in. You'll pay the $7

today and be grateful, and I don't care how you split your policies.

You still haven't established negligence as to her cause of death. I can

establish a cover -up, and that's all I'll need, and we all know it.

I ask you what happened, and you look me in the eye and say, I don't know.

You look me right in the eye.

Because of him, Arnold.

We get sued for everything because of lawyers like him.

Every patient that comes to the door, we have to look at as a potential

plaintiff.

There was nothing I could say after they could bring her back.

So why even volunteer the truth?

Yeah, sometimes we lie, Mr. Donald. Milton. I'm talking in general.

Lawsuits have driven the truth underground, Mr. Donald.

Well, this one dug it up, didn't it?

I'll have to discuss all of this with the board before I get back to you.

authorized to settle. Not at that amount.

Well, then go talk to them.

How did it happen that we can't trust the police?

I mean, this is an institution that's supposed to protect us.

I don't doubt these officers think Byron Little is the guy. They tackled him in

the stairwell after they saw the man on the balcony run into the stairwell.

It's completely reasonable to believe it must be the same guy.

Hey, I did.

I mean, one look at him, he looks like your typical urban criminal.

He acts violent.

And we all know our Honorable Your Honor thinks he's the guy, too.

But mistakes and cover -ups, those are two very different things.

One of the officers said he wounded the suspect. Blood was even found on the

balcony, though it's been deemed irrelevant for the sake of this trial.

they examined Mr. Little back at the police station, they found no wound.

And suddenly the officer amends his account and says he must have missed.

And they march into this court and positively identify him as a shooter.

They see him 30 feet above on a darkened balcony for three

seconds top, all the while being shot at, and yet they're positive.

How can that be?

And why start... hiding internal reports from the defense lawyers.

Why forget to mention the blood?

Why come in with all this absolute positive eyewitness account?

Why forget to tell us, oh yeah, one of our officers who was so positive wasn't

so positive before he changed his mind. Why not just be up front with what you

got?

Why?

Because without all that absolute positive stuff, they lose him.

They lose the guy they think did it.

And let's be fair.

They lose so many.

And I know it turns stomachs.

It's turned our honorable, your honor's stomach so.

He thinks nothing now of taping criminal defendant mouths shut, handcuffing

them, making them look guilty. Hey, it's his court.

He's old. He's probably had enough, and he doesn't care.

But the thing about juries, it tends to be their one and only time serving this

process, so they tend to take it seriously and not just rush through it

bunch of assumptions.

And therein lies Byron Little's only hope. It's not with the police.

It's not with our Honorable Your Honor.

It's with you.

You have two choices here.

You can hold up the oath you took at the beginning of all this or not.

Maybe guys like this are not supposed to care.

Two eyewitnesses saw him shoot the gun, saw him run

into the stairwell.

They pursued him into the stairwell and caught him.

Sometimes we just want things to be all juicy and complicated when they're not.

I am mindful of how difficult it must be.

to be faced with testifying against one's own father, especially when that

testimony could result in life imprisonment.

But I am also mindful of the court's need to assure the integrity of this

criminal justice process.

Perjury is to be taken very, very seriously.

I know you know this.

I know you were apprised of the risks.

Nevertheless...

You chose to assume those risks. In fact, given these warnings, your

of perjury was particularly knowing.

I sentence you to 20 years at Cedar Junction.

The sentence is to begin immediately.

Bailiff, we're adjourned.

We'll appeal. Gary, I want you to hang in there. We're going to appeal.

We're going to appeal.

Tell me.

He's just a kid.

He got afraid at the last second.

He didn't want to hurt his dad.

What'd he get?

Maximum.

20 years.

God, Eugene, what have I done?

Hey.

This isn't on you, Eleanor.

If I would have come down on him harder, if I would have just anticipated a

felony murder... You did?

isn't on you.

You're going away for 20 years.

Will the defendant please rise?

Has the jury reached a unanimous verdict?

We have.

What say you?

On the matter of the Commonwealth versus Byron Little on the charge of attempted

murder, we find the defendant not guilty.

Unlock him. Let him go.

Here is free. We're adjourned.

Welcome.

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