Original subtitles

Excuse me, Mr. Littleton.

Yeah. I'm Larry Adler from the Attorney General's office.

How you doing? I apologize for the intrusion, but I'm handling the David

Robinson prosecution.

You familiar with the case?

You can't turn on the news without seeing that videotape. Exactly.

Well, yesterday the defense attorney won his venue motion.

The case has been transferred to Rome.

Here? Your Judge Bone accepted it. We begin voir dire tomorrow.

I'd like you to handle it.

I beg your pardon?

With me.

The facts are simple. I can have you up to speed in an hour.

Wait. You want me to try this case?

Why? The jurors here will see in you a face they trust.

You're an exceptional DA and you're... The defendant's attorney is Brian

I'm sure he's going to characterize this prosecution as an exercise in white

supremacy.

And you have the necessary...

Pigmentation to neutralize that attack.

I don't appreciate being selected because of skin color, Mr. Adler.

You seen the videotape?

Yes. Is it your opinion Mr. Robinson committed murder?

Yes. Then what else do you need as a prosecutor to go forward?

I'm trying to put a killer behind bars.

If you're being black, help serve that purpose.

I'm not ashamed to avail myself of that advantage.

Will you do it or not?

I got summoned to jury duty.

Well, half the town's been summoned, Jenny.

It's a big murder trial.

I don't have time to sit on a jury.

Well, your last name begins with W. By the time they get to you, the jury will

probably be filled. I got summoned too.

Pike. They'll probably get to P.

I'd love to be on that jury.

Why? Bryant Thomas is the defense attorney.

The Bryant Thomas.

We should be co -counselors. Why is that?

You're asking me why?

The jurors of Rome all know me, plus which you're very black.

Oh, I see. The defendant is African -American. I would hate for the jurors

think that you took this case out of race alone.

Me, they know that I would only represent the client I believed in.

Do you believe David Robinson is innocent? With all my heart, as soon as

retainer. If you did your homework, you would know me and want me, because I

always win.

I have done the homework, Mr. Wambaugh. I know exactly who you are, and you're

hired. I am?

There's been a lot of publicity in this case.

Do you believe you could render an impartial judgment?

I believe I could.

This juror is acceptable, Your Honor. Do you believe that these news accounts

are true?

I don't know.

Mrs. Bales, these are policemen who were killed. Do you believe it's possible

that anybody could be justified in killing a policeman?

Well, it would depend on what the officer was doing.

Defense accepts this juror. Mrs. Bales, report to the jury room.

Oh, and tell Walter he'll be cooking his own meals for a while.

Next.

James Brock.

Prosecution accepts Sheriff Brock, Your Honor.

Has he been removed for cause?

Objection. He may be the police, but he's an objective and a fair man.

I agree.

Sheriff Brock is capable of impartiality. If you want to remove him,

to use one of your peremptory challenges.

He is fair.

And he goes for underdogs. He's got to be pro -police. Just the opposite.

He's so objective you can vomit. Take him.

We accept this man.

Your Honor, I'm the sheriff.

You're also on the jury.

Next.

Are you sure about him?

A murder's a murder. He put away his own best friend.

Jill Brock.

Remove for cause, Your Honor. She's married to the last juror. If you want

exercise a challenge, do it. But she's fair.

There's no cause.

What about her?

The worst.

She's married to a cop, plus which her own son just got shot.

Get rid of her.

Re -challenge.

Dr. Brock, your excuse.

Have you ever served on a jury before?

Do you keep a gun in the house?

What kind of bumper stickers do you have in your car?

Did you ever participate in any protests or demonstrations?

If he didn't do it, they wouldn't have arrested him. I only slept with one

policeman. Rodney King was on PCP.

A total breakdown of the community's morals.

Are you related to any police officers?

If he'd murder, he'd lie.

Three strikes, you're in.

I could be fair.

I could be fair. I could be fair.

Ladies and gentlemen, I'd now like to show you a videotape.

Now, I'm sure most of you have seen this on news broadcasts before, but I'm

asking you to forget what you've heard and what you've seen and just pay

attention to what we present here. Your Honor, defense renews its objection to

this videotape.

Overruled. Members of the jury, this tape was recorded by the defendant's own

home security system.

The court recognizes its authenticity. Play it. You'll notice at the end we've

enhanced the picture electronically for identification.

David, we all saw that tape.

What we need to hear from you now is, what the hell were you thinking?

I sell drugs to a lot of bad people. Guys who shoot me dead faster than that.

Thought it was one of them.

What, David?

Why would a client want to shoot you?

I cheated them.

Sold some sugar sometimes.

Oh, so you thought maybe it was somebody you cheated.

Come looking for payback.

Dead.

Next thing I know, I just see guns flying all up in the air.

Didn't you recognize these people as police officers?

Yes.

You still shot at them?

They was pointing their guns at me.

If I didn't shoot them, I'd be dead.

Had the police shot at you before? Or anybody close to you?

This ain't about that.

Had the police shot at you?

Or anybody you love?

Please answer the question.

My mother.

Excuse me?

They killed my mother.

And why?

My mother and my father was fighting.

And they came.

She waved a knife at them.

And they shot her.

Your Honor.

I introduce this autopsy report on Mrs. Robinson.

Objection irrelevant.

Policeman killed this boy's mother.

It is your position that that fact is irrelevant?

Meaningless?

The people withdraw the objection.

Let the record reflect that Mrs. Robinson was struck by seven bullets,

them in the back. Let the record also reflect Milwaukee Internal Affairs

the killing as justified. No officer was disciplined.

David, were you there when the police killed your mother?

Yes. And how old were you at this time?

I was nine.

Nine years old?

I don't think he had to keep shooting.

That's all, Jimmy. No matter how good he was.

What the judge said. It might be expedient to just organize the facts

editorializing. No, there's no discussion until all the evidence is in.

at the Menendez trial, some of the jurors went kind of crazy.

Ask me, they were all crazy.

How could they not have fried those two kids? I don't think we could talk about

that trial either. What, we could sit here and talk about nothing?

Maybe we could choose a format.

Yeah, we can do that, can't we?

I think it should be you, Jimmy.

I don't think that's a good idea.

Why not?

You understand the law better than any of us.

You be foreman. It's got to be you, Jimmy.

I'll vote for it.

I agree.

Me too. Great.

Why did you have video equipment set up in your apartment?

I have a safe room in the back where I usually work the video so I could see if

people were coming.

So you had an expectation that people could come crashing through your door?

I knew it could happen. I wasn't, like, expecting it. Well, in fact, the police

had entered your apartment before to conduct a search, hadn't they?

What? So when you picked up your automatic weapon, you at least had to

the possibility that the people coming in were law enforcement officers.

All I knew was that someone could be coming in to get me.

But then you recognized them as police officers.

And you still just started shooting.

They was about to shoot me.

Their guns was up.

What if you hadn't picked up your gun? What if you'd just thrown your hands up

in the air when you first heard that noise? Why didn't you do that?

Look, I told you.

I thought it could have been someone coming to get me.

I didn't realize it was the police until they came in.

And they came in taking aim.

So after you shot the officers and they went down, you continued to shoot for

four or five seconds.

According to the coroner's report, you put approximately 20 bullets into each

them after they hit the floor.

And I didn't have my senses down. I was just like pulling the trigger and I

didn't have my senses.

Well, when you walked over and kicked them to make sure they were dead, did

have your senses then? Excuse me.

By senses, do you mean the sensibilities one grows up with in privileged white

suburbia? Mr. Thomas, don't be pulling your stunts here.

I'm sorry, Your Honor.

I didn't think that drawing an accurate picture of this boy's reality would be

classified as a stunt.

Step up here a second.

If you try doing to me what you do to other judges...

You'll experience regret.

Stick to the case. We'll get along fine.

Resort to manipulative crap.

I'll embarrass you badly.

Do we have an understanding?

Yes, Your Honor. Good.

Get back.

One more question, Mr. Robinson.

Have you met the families of the officers you killed?

No.

Here they are, right here. Objection! Excuse me, counsel.

Do you mean to tell me that these families are irrelevant?

Meaningless?

Let the record reflect that I'm impressed with Mr. Littleton's token

performance. Objection! Let the record reflect that my black pride is wounded,

and as soon as we're finished here, I'm going to run right out and rent Ruth.

Hey, the record will reflect that I won't put up with any more nonsense from

either of you.

Try the case.

The fear of the police was certainly well -founded. It couldn't be classified

paranoia. He knew the nature and consequences of his actions.

This was not insanity.

He thought he was going to die.

The defendant could very well have been in shock.

Justifiable self -defense. The young man was in reasonable fear for his life.

Murder, first degree. It was a deliberate act to kill with clear

Absolutely. Absolutely not.

Thank you, doctor.

Thank you, doctor. Thank you, doctor.

And may I say... Nothing further. Nothing further.

Nothing further.

I won't ask you to try to understand how a boy can grow up to sell cocaine for a

living. I won't ask you to try to understand why he had a loaded Uzi under

sofa. And I certainly, most certainly, will not try to ask you to understand

how you could take that weapon and shoot two policemen.

All I will ask is that you admit that you cannot understand.

If you didn't grow up in an inner -city ghetto, being beaten by your father,

shot at by your neighbors, watching your own mother murdered by people whose

motto it is to serve and protect and admit, damn it, that she can't

And don't go in that jury room saying, well, gee, if it was me, I wouldn't do

this, I wouldn't do that. Well, it wasn't you.

He didn't grow up with your socioeconomic background and with

in a nice little town like this.

It was his father.

His father.

was the addict that turned him on to drugs and then systematically abused and

molested him.

Just... I had the decency to acknowledge that you just

don't have any idea of what it's like to be him.

You heard the doctors tell you that because of his father's treatment,

he saw his mother killed by the police, he has no psychological basis whatsoever

to even understand the concept of safety.

The two institutions of protection that we all grew up with, the family, the

police, to David Robinson are deadly forces.

I could bring in a hundred more experts, and you still wouldn't have any

idea ever of what it's like to be him.

Grieve for the slain officers, of course.

They were fine men.

But if you're not grieving for David Robinson, at the same time, right here,

then accept that as absolute truth that you just can't understand.

Well, okay.

I guess maybe we could go around the room, hear what everyone has to say.

Jimmy, let's take a quick vote first.

I mean, I don't think it's going to take too long.

Is there anybody in this room that doesn't think this guy's guilty?

Even still, we should talk before we vote. What's to say?

The only reason he stopped shooting is because he ran out of bullets.

He was scared.

Even the psychologist.

supported that. Oh, I believe the psychiatric testimony was a wash.

Half supported the self -defense claim, the other half summarily dismissed.

His father did abuse him. That was never refuted by the prosecution.

So? So physical and sexual abuse can be very damaging emotionally.

Look, I don't know about the rest of you, but I'm getting a little sick of

people killing people, committing murder, and then crying I was an abused

Exactly. Me too.

I don't care how much abuse a person takes, it can never excuse taking a

life. She's absolutely right.

Well, I think we should take a quick vote and see where we are.

All those for guilty.

Okay, not guilty.

Oh, give me a break.

Cindy, you didn't vote.

I feel nauseous. Conflict makes me queasy. Hey, lady, didn't you see that

I saw it.

Okay, we got ten.

The guilty, one not guilty, one undecided.

This is great. This is great. Now, look, we do have to have this unanimous.

Twelve to nothing.

Mrs. Bales, maybe we should hear from you.

I have a reasonable doubt.

Maybe he was scared for his life.

I have a very reasonable doubt.

Ma 'am.

Ten of us just voted guilty. Doesn't that tell you something?

Yes, that Mr. Thomas was right.

You don't understand.

Oh, brother, all it takes is one.

Too bad, then.

You've got one.

Look, Mrs. Bell, it's almost 11 o 'clock. For the last seven hours, you

keep saying, reasonable doubt, reasonable doubt.

I think he was scared.

He's watching television.

Suddenly people come busting in his door.

Who wouldn't be afraid?

But, ma 'am, he fired after he recognized them as police. He testified

Even so, he thought the police would kill him. Oh, come on.

Well, the psychiatrist said that his fear of the police was legitimate.

The psychiatrists you're referring to were paid by the defense to give that

testimony. Who said that? I never heard that. Well, figure it out.

Or is it against the rules to use a little common sense?

Oh, come on. You don't have to be denied. The guy killed him. We saw it.

For you to say not guilty, you've got to be out of your mind.

She's not out of her mind.

I'm starting to agree with her.

Excuse me?

I definitely think he was wrong, but it's possible that he was scared for his

life. I mean, the police killed his mother. How could he not be scared when

think about it? See, this is a problem.

These two women, they're what's wrong with the whole system. The reason that

those Menendez wackos weren't convicted is because we had too many housewife

jurors who spend their whole day watching Oprah and Sarah Jessie Raoul

buying into that psychobabble cockamamie crap.

That is not an appropriate thing to say.

Well, I'm sorry, and I'm sure you're going to need therapy now that I've said

it. But the fact is, people everywhere are into this victimization thing.

Look, everybody's a victim. Everybody's got psychological scars that made them

do what they did. Shouldn't we let somebody else talk now? I'm not

My father used to beat the hell out of me. Lots of people have traumatic stuff

in their past.

You know what the scientific term for that is?

Life. Life is tough.

Look, I'm sorry this kid got molested. I'm sorry his mother got killed. But

doesn't give him the right to pick up an Uzi and pump a hundred bullets into two

innocent cops.

Even so, according to the judge's instructions, if he was afraid for his

it was self -defense. If the fear is reasonable, these were policemen.

So?

So, of course, police are going to have guns. It's their job.

It's not reasonable to think because they have a gun, they're going to shoot.

Forgive me, but it's my understanding that policemen occasionally do shoot

innocent people.

As for the defendant's understanding, how could he not be fearful?

As Mrs.

Cranepool correctly points out, his own mother was murdered in his home by

police.

Um, so what are you saying? That because they were police, he had more reason to

be afraid?

I'm saying because they were police, he had no less reason to be afraid.

Mr. Kramer, to me, your logic is preposterous.

I'm sure it would be to you.

You're a sheriff.

But I'll tell you this. I'm a law -abiding citizen who's never had a run

with law enforcement.

But as soon as I see a cruiser in my rearview mirror, the first sensation I

is one of fear.

I can imagine what goes through David Robinson.

And so that entitles him to blast anyone in any uniform just because he got...

It entitles him to be profoundly afraid of any uniform bashing down his front

door.

What line of work are you in?

I'm a schoolteacher.

Uh -huh.

What does that mean, uh -huh?

You talk like a schoolteacher.

What do you do?

I deliver mail for the United States Postal Service.

I see. Well, Mr. Lawson, I certainly hope that you get a more sympathetic

after you open fire one day in a fast food restaurant.

Never mind. It's funny.

That's enough. You got something to say to me? Come on. Say it. No, this is not

the least bit constructive.

Now, what I would like to do is to isolate.

The two dividing points.

Well, you're not the foreman.

Well, I realize that, Mrs. Cranepool, but management is a strength.

Yes, but we all know that you're a big CEO of a big paper company, but in this

room, we're all the same.

You're no more important than any of us. Uh -huh.

You, uh, you wouldn't be using this room as an equalizer, would you, Mrs.

Cranepool? I'm sorry. Perhaps this is your opportunity as a housewife to be as

significant as a CEO, or maybe your 15 minutes of influence is more relevant to

you than the facts of this case.

Now, you're getting off the track.

Actually, I'm not.

There's a hugely selfish tone to this whole deliberation.

Opinions being dominated by a mailman, a schoolteacher, and two housewives.

What does that mean? It means, Mr. Kramer, that for all your good

think that... There's an unconscious infatuation with power that's being

demonstrated by some people who don't normally enjoy it.

Not that pomposity could interfere with your judgment.

I want to see the gun.

What? We're allowed to review the evidence, right?

I want to see the gun.

It really is a machine of death.

Of course it is.

Let's let Mr.

Kramer feel it.

Come on.

Come on. Come on, take it.

Feels different than a geography map, doesn't it? That's what that kid used to

extinguish two human beings.

So, what, we're supposed to equate the ferocity of the weapon with the

monstrosity of the boy?

Isn't this game a little advanced for a mailman?

You know something, Mr. Kramer?

I'm getting a little annoyed at your attitude.

You want to sympathize with a defendant, fine.

But what about those kids we killed? They were in their 20s, those policemen.

With families.

Funny your compassion doesn't extend to them.

I sympathize with them and their family, Sheriff.

But I'm not vested with their lives right now, only David Robinson's.

I have to recognize that he may have had a legitimate fear for his life when he

pulled the trigger.

Why can't we consider murder two? Or manslaughter?

The charge was murder one.

There are no other options to consider.

But that is just not fair.

I mean, it seems like to me...

It was heat of passion the way it went down.

Why do you say that?

Well, it wasn't premeditated.

I mean, this guy's just watching television and then, bam, his door goes

That seems like heat of passion to me, doesn't it?

Heat of passion suggests anger or rage. Is that what you think he was feeling,

rage? No, not rage. Then what?

Fear? Yeah.

Fear.

I'm changing my vote.

Hold it just a second.

Consider what you're suggesting here.

The police did nothing wrong.

Pursuant to a valid warrant, they entered the premises of a convicted drug

dealer, whereupon they were promptly shot dead by that drug dealer. Now, do

really, really mean to say this kid was justified?

Well, I'm... He didn't know they were police.

I mean, maybe they don't have the right to come in and bash down his door on an

out. Yes, they did have the right. They had a no -knock warrant. They had every

right to do that. Their actions were valid.

The defendant didn't know anything about warrants.

All he knew was that somebody was crashing through his door. You're

him for being a drug dealer.

Don't talk to me like that. Don't you see what you're doing? Because he sold

drugs and cheated people, he put himself in a high -risk position. And because

he was in a high -risk position, you are licensing him to become afraid and

therefore shoot policemen. It's ludicrous. I go back to the judge's

If he was afraid, it's self -defense.

Period. No, reasonably afraid is what he said. He was reasonably afraid. He was

shot at all.

Everybody quiet.

We're deadlocked.

How deadlocked?

Sick and sick.

It seems rather hopeless.

But you've only been deliberating for two days.

Nobody will budge, Your Honor.

The fact that you're coming back in here waving a white flag so fast is an

indication to me that you don't take your responsibility seriously enough.

Well, understand this.

I'm not declaring this a mistrial.

You will spend ten hours a day for two weeks straight before I'll even

the notion of a hung jury.

And if I get the slightest sign that anybody...

is not concentrating back in that room, I'll hold you in contempt.

You're also sequestered. As of right now.

Forget about seeing your families.

You think this is a joke?

We had the trial.

We gave you the evidence.

Everybody did his job.

You get back in that room and do yours.

Get up.

Jimmy, you have to keep running that back and forth like that.

Yeah, I do. Look.

Right there. See?

He picks up the Uzi before the door comes down.

Before he knows it's the police. It was covered back. He didn't know at first

who it was. But he knew it was the police before he shot.

Can't you admit that, or are you just too damn stubborn?

You know, you're not a helpful person. Every time you speak, you're putting

somebody down.

Now, keep that in mind.

Go puke in the corner.

I am really getting fed up with you. Oh, you're fed up? I'm fed up. I'm sick of

all of you. How can you sit there and watch this tape and forgive what this

did? You don't know him. Who does know him, huh?

Did he put up any character witnesses?

Did we hear from anyone who knew the son of a bitch? No.

We didn't get to listen to one person who even met him, besides paid experts.

Nobody stood up for the psychotic except for the fools in this room.

Mr. Wambaugh knew him, and he chooses to represent him. Wambaugh's a shyster.

He'd represent anybody.

We all know how they are. Who?

How who are?

Lawyers.

You feel the same way about blacks that you do about Jews? No, no, no. This is

not a black thing.

This is not about prejudice.

No. These two cops were killed by that kid. I'm doing my job as a juror,

None of us are doing our job here.

Well, look at us.

We're supposed to be impartial.

We've become advocates.

You, you're trying to beat him.

And you, you're trying to stick it to him.

It's more about winning and losing for us in this room than it is for the

attorneys.

This is a stupid, stupid process.

What's going on in this room has nothing to do with the pursuit of truth.

The truth is on the tape.

It's on the tape. The truth is in that boy's head.

Look, I know he's probably evil, but I still say he had to be afraid.

Mrs. Bales.

I've been a law officer for a long, long time.

People who are afraid cower. They flee. They flinch. This man reacted with

extreme aggression.

Exactly. Good point.

May I ask you a question, sir? Don't policemen get afraid?

Of course they do.

If you encounter somebody who suddenly pulls a gun on you, don't you open fire?

That's different.

If someone points a gun at you, you shoot.

I have to. Why?

If I don't, I'm dead.

Do you think that drug dealers know this? That you'll shoot if they point a

at you?

This man had an Uzi pointed at the door.

Suddenly that door came down and that Uzi was pointed at police.

With an Uzi pointed at two armed policemen. Was it not reasonable for

to think that they would shoot?

Listen, I'm keeping my mouth shut here and minding my own business.

There's not a person in this room who doesn't appreciate the enormity of that

feat. Okay, that's it.

This is ridiculous.

Hold it. Come on.

Everybody take a breath.

Let's consider for a second.

What our role is in here?

It's to serve society, right?

Good. Great.

Well, if we all agree that we should give society the benefit of the doubt,

can we put this kid back on the street?

Maybe it's not his fault for having the psychological problems that he has.

He nevertheless is a killer.

Ms. Bales, I think you even admitted the boy is probably evil.

But I still think he could have acted in self -defense.

Okay.

Even if he did.

In fact, let's assume that he did.

Is society better off by an acquittal?

The man sells cocaine and heroin.

And is probably responsible for killing kids.

He has an arsenal of weapons in his apartment ready to shoot anybody who

in the door too quickly. If we set him free, we know, we know he

will kill again.

Is there anybody here who seriously doubts that?

Well, when he does...

How do we go on?

How do we look our children in the eye and say, yeah, we're the ones who put

back out there?

How do we look into the eyes of the families of his next victims?

David Robinson is a hardened drug -dealing criminal who kills, then kicks

body to make sure it's dead.

I didn't see remorse on that tape.

I didn't see shock.

I saw a kid who killed easily.

Who could kill again.

Is that what you saw, Mr. Kramer?

Mr. Cranepool?

If we're that forgiving a community, God, David Robinson may

want to come here to live.

We want that?

Maybe we should take another vote.

I just need a second till they go away. Fine.

What?

I'm not supposed to prosecute this because I'm black, is that it?

You can prosecute whomever you want.

A black jury would convict him in ten minutes.

Well, then we should all be grateful the system is white because it is the white

society that holds out black opportunity, isn't it? I don't have to

that.

You pervert the system.

Using every opportunity to make this thing about race.

Every trick to exploit the fact. White cops, black suspect. It will be about

race. That's not the issue this time. You pick your issues, counsel, and I'll

pick mine.

It is an adversary process.

It's supposed to work.

Guilty.

Guilty.

Guilty.

Guilty?

Guilty.

Please.

I've got kids playing on these streets.

I still think he was afraid.

But I also think he probably would kill again.

I'm changing my vote.

Guilty.

You're the only one, Mrs. Cranepool.

The only one?

Okay. All right!

Get the hell out of here! Hold it.

I haven't voted yet.

Not guilty.

What'd you say?

You heard me.

Sheriff Brock.

I don't think he's innocent.

But if we're going to send a kid away for life, we have to do it because we

convinced he's guilty.

Oh, come on, Jimmy. We are.

Take a look at the vote. No.

You voted that way because of Mr.

Moriarity's speech.

You voted to convict because you're afraid he'll kill again.

As am I.

But we can only convict for what he did, not...

Because of what he might do, not because of what we know he will do.

If we think he acted out of self -defense, we have to acquit. Even

if we are positive he'll kill again when he gets out.

Really? Come on, Jimmy, you don't believe this is self -defense. Not for a

second.

The Uzi's in his hand.

when the two policemen come through the door.

Now, in a situation like this, the police have to shoot. No discretion.

A suspect has an automatic weapon in his hand. You shoot, no question.

If David Robinson is looking at those officers and he's thinking, I'm a dead

man, he is 100 % right. If he didn't shoot, he'd be dead.

So how can this not be self -defense?

We can't.

We can't just turn this kid free.

Well, maybe we don't.

But Mr. Kramer is right.

The kid had to be afraid.

So the only question here is, do we lock him up just the same?

Because Mr. Moriarty is right, too.

The kid will kill again.

Will the defendant please rise?

Mr. Foreman, has the jury reached a verdict?

We have, Your Honor.

What say you?

On the charge of murder in the first degree, we, the jury, find the

David Robinson, not guilty.

Members of the jury, thank you for your time.

The defendant is free to go.

This matter is adjourned.