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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:03,189 --> 00:00:07,470 Previously on L .A. Law. If you think you're going to step into the void left 2 00:00:07,470 --> 00:00:10,210 my absence so that you can... I've never seen any void. 3 00:00:11,790 --> 00:00:14,830 You think you're this tough, lady? Don't take me on, Ann. 4 00:00:16,610 --> 00:00:21,230 I don't know what your relationship is with this woman. I don't want to know. I 5 00:00:21,230 --> 00:00:23,610 mean, that's for you to figure out. 6 00:00:25,230 --> 00:00:28,510 I mean, there's nothing between Grace and me but friendship. 7 00:00:29,230 --> 00:00:31,690 I don't know you well enough to know if you're lying. 8 00:00:32,940 --> 00:00:34,740 But someday I'm going to pick the expression. 9 00:00:36,380 --> 00:00:39,320 Something tells me to look a lot like the one you're wearing right now. 10 00:00:40,420 --> 00:00:45,160 I'm not a wild beast, no matter what you would like these people to believe. 11 00:00:45,400 --> 00:00:48,720 I am a human being, and I did not kill anyone! 12 00:00:51,680 --> 00:00:55,580 In the matter of the people versus Earl Williams, we, the jury, having 13 00:00:55,580 --> 00:00:59,320 previously found the defendant guilty of murder in the first degree... 14 00:00:59,550 --> 00:01:04,610 and having found special circumstances to exist, now do fix penalty at death by 15 00:01:04,610 --> 00:01:06,190 the infliction of lethal gas. 16 00:01:44,300 --> 00:01:51,180 call you as soon as it's over i shouldn't be trying to get 17 00:01:51,180 --> 00:01:56,260 my hopes up here should i death penalty appeals are usually losers i'm not going 18 00:01:56,260 --> 00:01:59,760 to lie to you about that but we do have a chance or we have a legitimate chance 19 00:01:59,760 --> 00:02:06,600 how long does it take them to make up their minds they usually 20 00:02:06,600 --> 00:02:10,840 take it under advisement but you never know with this kind of case they could 21 00:02:10,840 --> 00:02:11,840 decide pretty quickly 22 00:02:19,500 --> 00:02:21,940 We've got plenty of appeals left. We haven't even gotten to the federal court 23 00:02:21,940 --> 00:02:23,560 yet, so... Yeah, but... 24 00:04:51,140 --> 00:04:53,940 Moving on, Michael, where are we on the Earl Williams appeal? 25 00:04:54,420 --> 00:04:58,000 Oral arguments before the Supreme Court of California tomorrow, 11 o 'clock. 26 00:04:58,260 --> 00:05:01,060 Victor will be second -carrying. Are we still doing the moot court in 27 00:05:01,060 --> 00:05:04,380 preparation? Yes, it's morning. You, Victor, and Stuart are the judges. I 28 00:05:04,380 --> 00:05:05,440 you had a chance to look over the brief. 29 00:05:05,700 --> 00:05:06,800 I studied them. Good. 30 00:05:07,420 --> 00:05:09,020 I want you all to be as tough as you can. 31 00:05:09,400 --> 00:05:12,620 I'll be giving you a list of the issues that I believe the judges will be coming 32 00:05:12,620 --> 00:05:16,460 at me with, so whatever questions you can come up with will be very helpful. 33 00:05:16,720 --> 00:05:17,900 I think you really got a shot. 34 00:05:18,240 --> 00:05:19,240 Yeah. 35 00:05:20,170 --> 00:05:23,230 Moving on, major kudos to Rosalind Chase. 36 00:05:23,510 --> 00:05:26,610 She's officially landed Anderson Industries as a client. 37 00:05:26,870 --> 00:05:30,450 This is the second largest steel distribution company in the country and 38 00:05:30,450 --> 00:05:33,090 potentially the biggest client we've ever had. 39 00:05:33,310 --> 00:05:34,089 That's terrific. 40 00:05:34,090 --> 00:05:35,090 Way to go, Roz. 41 00:05:35,930 --> 00:05:36,930 Thank you. 42 00:05:37,110 --> 00:05:42,250 I have a meeting with the CEO on Wednesday, and I suspect that he'll put 43 00:05:42,250 --> 00:05:43,109 right to work. 44 00:05:43,110 --> 00:05:44,110 Fantastic. 45 00:05:44,390 --> 00:05:48,710 It certainly is. And moving from the fantastic to the incredible, Arnold. 46 00:05:49,340 --> 00:05:51,420 You have a case involving Rochelle Peters? 47 00:05:51,700 --> 00:05:55,160 Yeah, I'm representing her ex -husband. Is that the Rochelle Peters of the 48 00:05:55,160 --> 00:05:58,280 evening news, 7 o 'clock? The very one, and this is good. 49 00:05:59,340 --> 00:06:02,800 Evidently, Miss Peters did some anchoring before a different kind of 50 00:06:02,980 --> 00:06:04,460 Don't tell me. Home videos. 51 00:06:05,020 --> 00:06:08,680 Between she and her husband when they were just newlyweds in the act, in the 52 00:06:08,680 --> 00:06:11,840 other act, in the simultaneous act, anyway, cut to five years later. 53 00:06:12,580 --> 00:06:15,620 Husband becomes ex -husband. He has something all the adult film 54 00:06:15,620 --> 00:06:18,660 companies would like to have. He wants to sell. She slapped him with a 55 00:06:18,660 --> 00:06:20,280 restraining order. That's despicable. 56 00:06:20,540 --> 00:06:24,600 Have you got the tape? He'll be bringing it in. We've got a meeting this 57 00:06:24,600 --> 00:06:27,220 morning. How can you involve yourself with something like this? 58 00:06:28,080 --> 00:06:30,580 Because it's perverted. It's sordid. 59 00:06:31,020 --> 00:06:32,040 It's what I live for. 60 00:06:34,140 --> 00:06:38,560 Keep it surprised, Arnold. And on that titillating note, we're adjourned. 61 00:06:40,140 --> 00:06:42,400 Bleeding? Can I talk to you about something? 62 00:06:42,840 --> 00:06:46,540 Sure. Well, I've got a meeting in 30 minutes, right after lunch. Actually, I 63 00:06:46,540 --> 00:06:47,780 hoping I could do it now. It's important. 64 00:06:48,800 --> 00:06:49,800 Yeah, sure. Come on. 65 00:06:50,140 --> 00:06:51,140 Okay. 66 00:06:57,960 --> 00:06:59,940 This new client, Anderson Industries. 67 00:07:00,180 --> 00:07:01,180 Yes. 68 00:07:02,640 --> 00:07:05,720 Anderson Industries has major holdings in South Africa, Leland. 69 00:07:06,620 --> 00:07:08,940 It has a long investment history. 70 00:07:09,340 --> 00:07:13,100 In South Africa, it distributes steel girders produced in South Africa. 71 00:07:13,440 --> 00:07:20,400 Now, I'm not a very political person, and I know it's not the place of 72 00:07:20,400 --> 00:07:23,420 an associate to have input on the accepting or the rejecting of clients, 73 00:07:23,420 --> 00:07:27,500 this company helps promote apartheid, and I'd have big problems being 74 00:07:27,500 --> 00:07:28,500 with them. 75 00:07:28,600 --> 00:07:33,360 Well, Jonathan, I don't know anything about Anderson's connections in South 76 00:07:33,360 --> 00:07:34,820 Africa or where they invest. 77 00:07:35,200 --> 00:07:36,200 I do. 78 00:07:38,440 --> 00:07:41,980 Has this company, to your knowledge, ever done anything illegal? No, but they 79 00:07:41,980 --> 00:07:46,540 have repeatedly violated the spirit of Congress's economic sanctions by finding 80 00:07:46,540 --> 00:07:49,100 loopholes to keep importing South African products. 81 00:07:49,700 --> 00:07:54,720 Leland, they have at least indirectly supported a government based on white 82 00:07:54,720 --> 00:07:59,460 supremacy. I just don't see how we can attach ourselves to any client who could 83 00:07:59,460 --> 00:08:00,480 attach themselves to that. 84 00:08:03,440 --> 00:08:05,600 If you really want to make an issue... 85 00:08:06,590 --> 00:08:11,390 I'll take it to the partners. But I gotta tell you, this is a major client. 86 00:08:14,570 --> 00:08:15,810 I want to make it an issue. 87 00:08:23,110 --> 00:08:29,750 There are five separate 88 00:08:29,750 --> 00:08:33,010 grounds, each individually warranting a new trial. 89 00:08:33,510 --> 00:08:37,880 The first... concerns the DNA tests which were used to establish Earl 90 00:08:37,880 --> 00:08:38,900 at the scene of the crime. 91 00:08:39,380 --> 00:08:43,659 Now, the technology... An eyewitness also put your client at the scene, 92 00:08:43,960 --> 00:08:47,200 That idea would shake you at best, Your Honor. The DNA identification 93 00:08:47,200 --> 00:08:51,460 conclusively established it, and that technology was recently shown to be 94 00:08:51,460 --> 00:08:55,260 suspect. You can't expect this court to make scientific findings on the basis of 95 00:08:55,260 --> 00:08:57,260 appellate briefs and oral arguments. 96 00:08:57,520 --> 00:09:02,220 No. I do expect the court to take judicial notice, however, of the lack of 97 00:09:02,220 --> 00:09:06,380 uniformity within the scientific community concerning the reliability of 98 00:09:06,380 --> 00:09:10,300 testing. Don't get snide, Mike. You'll just put him off. Well, I think we 99 00:09:10,300 --> 00:09:11,540 stick to the format here, okay? 100 00:09:14,320 --> 00:09:20,780 The second ground is the trial court's abuse of discretion in failing to reopen 101 00:09:20,780 --> 00:09:23,520 the case to admit newly discovered evidence. 102 00:09:23,720 --> 00:09:26,880 That would be the eyewitness testimony of Philip Michael Holden. 103 00:09:27,200 --> 00:09:31,240 That's correct. Mr. Holden saw a black by the name of Ronald Sewell coming out 104 00:09:31,240 --> 00:09:35,140 of Nina Corey's apartment building at the time of the murder. Now, had the 105 00:09:35,140 --> 00:09:39,720 been allowed to hear this evidence... This witness was a convicted drug dealer 106 00:09:39,720 --> 00:09:43,160 who decided to come forth with his testimony in exchange for your 107 00:09:43,160 --> 00:09:44,420 services. Would that be right? 108 00:09:44,640 --> 00:09:48,280 Yes, it would. And the trial court conducted an evidentiary hearing to 109 00:09:48,280 --> 00:09:51,620 the credibility of this witness, after which the judge deemed him to be 110 00:09:51,620 --> 00:09:53,900 unreliable. Isn't that right, counsel? Yeah, that's correct. 111 00:09:54,240 --> 00:09:55,500 And you're asking us... 112 00:09:55,740 --> 00:10:00,200 to substitute our judgment for the trial judge who listened to him and had 113 00:10:00,200 --> 00:10:01,820 opportunity to weigh his credibility? 114 00:10:02,120 --> 00:10:05,760 What you don't understand is that the jury should have the opportunity to 115 00:10:05,760 --> 00:10:06,739 that credibility. 116 00:10:06,740 --> 00:10:10,180 Well, time out. I don't think that you should ever tell a Supreme Court justice 117 00:10:10,180 --> 00:10:13,560 that he doesn't understand. You should blame yourself for failing to make his 118 00:10:13,560 --> 00:10:14,920 judgment. Wait a minute. Could we just do this, please? 119 00:10:15,580 --> 00:10:16,860 Mike, demeanor counts. 120 00:10:17,160 --> 00:10:18,160 Yes, it does. 121 00:10:18,420 --> 00:10:22,840 What also counts is evidence of domestic violence introduced by the DA. 122 00:10:23,220 --> 00:10:24,780 Evidence which was prejudicial. 123 00:10:25,080 --> 00:10:29,920 What also counts was unfair surprise and the tactics of the DA. Now, those are 124 00:10:29,920 --> 00:10:32,740 the important issues here, and that's what you should be asking me these 125 00:10:32,740 --> 00:10:36,360 questions about. What? You're going to tell the judges what questions to ask? 126 00:10:36,540 --> 00:10:41,080 No, I'm telling you, Douglas, because I don't want this to become a waste of my 127 00:10:41,080 --> 00:10:44,840 time. I want to be fully prepared tomorrow. I think we should stick to the 128 00:10:45,000 --> 00:10:49,900 Yes. Mr. Cusack, isn't it possible that your client is guilty? 129 00:10:51,460 --> 00:10:52,920 That's a stupid question, Douglas. 130 00:10:53,420 --> 00:10:55,440 Hey, you know... No, no, I know. 131 00:10:56,060 --> 00:11:00,000 I'm not supposed to insult Supreme Court justices. Well, thank you all very much 132 00:11:00,000 --> 00:11:01,000 for your help. 133 00:11:01,020 --> 00:11:04,180 I really think that I would be better served by preparing for this on my own. 134 00:11:07,160 --> 00:11:08,880 I don't think it was a stupid question. 135 00:11:13,100 --> 00:11:14,880 You've been divorced for three years, Al. 136 00:11:16,040 --> 00:11:17,980 Why'd you first decide to sell this video now? 137 00:11:19,700 --> 00:11:20,700 You want to know why? 138 00:11:21,930 --> 00:11:26,530 About a month ago a mutual friend of ours got married Rochelle was there with 139 00:11:26,530 --> 00:11:31,210 this guy tall handsome athletic looking guy I'm gonna be a grown -up. I go up 140 00:11:31,210 --> 00:11:37,950 and I say hello. She says Colin this is my friend Al My friend 141 00:11:37,950 --> 00:11:42,490 not my ex -husband not the man I slept with for six years not the man I stabbed 142 00:11:42,490 --> 00:11:44,850 through the heart her friend, right? 143 00:11:45,990 --> 00:11:49,230 Well, whatever your reasons you stand to make a lot of money off this video 144 00:11:49,230 --> 00:11:51,960 great Now, she knew that you were making it, right? 145 00:11:52,180 --> 00:11:53,180 Of course she knew. 146 00:11:53,340 --> 00:11:55,100 Whenever I took pictures of her, she always knew. 147 00:11:55,340 --> 00:11:59,200 So she knows the tape existed, that it was a marital asset, and now it belongs 148 00:11:59,200 --> 00:12:02,400 to you. She'd say to me, Al, what should I read? 149 00:12:03,150 --> 00:12:05,390 I'd go out and buy her books. I mean, the great books. 150 00:12:05,630 --> 00:12:09,290 Dreiser, Farrell, Tolstoy. She'd say, Al, what should I see? I'd take her out 151 00:12:09,290 --> 00:12:10,149 foreign films. 152 00:12:10,150 --> 00:12:11,150 Rossellini, Budovkin. 153 00:12:11,330 --> 00:12:14,570 It's always sad when a relationship ends. And the only time I see her now is 154 00:12:14,570 --> 00:12:17,730 the evening news. She stares out at me like some ice queen from the frigid 155 00:12:17,730 --> 00:12:20,310 reaches of the north. Another one of the great unattainables. 156 00:12:20,790 --> 00:12:21,850 I attained her, though. 157 00:12:22,490 --> 00:12:23,550 She can't deny that. 158 00:12:24,890 --> 00:12:25,970 She can't deny that. 159 00:12:27,050 --> 00:12:29,650 I'm gonna have to see this, of course, to prepare for the hearing. Opening 160 00:12:29,650 --> 00:12:32,310 at the opera, she was there. Norman Mailer's birthday party, she was there. 161 00:12:32,510 --> 00:12:34,650 Picture -taking sessions with the Pope, she was there. 162 00:12:34,950 --> 00:12:35,950 Where was I? 163 00:12:36,490 --> 00:12:38,010 Probably home watching the news. 164 00:12:42,510 --> 00:12:44,010 I wish I could laugh about it. 165 00:12:45,070 --> 00:12:48,390 I wish I could chalk it up as another one of life's little detours. I can't. 166 00:12:49,710 --> 00:12:51,510 Every day a little piece of me dies. 167 00:12:52,150 --> 00:12:53,430 I'll listen to me for a second. 168 00:12:54,890 --> 00:12:56,530 This isn't only between you and her. 169 00:12:57,050 --> 00:13:00,110 The network's gonna fight tooth and nail to keep this video from going public. 170 00:13:00,770 --> 00:13:02,150 Yeah? Oh, you bet. 171 00:13:02,370 --> 00:13:05,210 They know that next to Jane Polly, there's no other newscaster people would 172 00:13:05,210 --> 00:13:07,150 rather see naked. Maybe Diane Sawyer. 173 00:13:08,690 --> 00:13:09,790 I'm ready, believe me. 174 00:13:12,670 --> 00:13:13,670 All right. 175 00:13:14,150 --> 00:13:15,150 My friend Al. 176 00:13:16,850 --> 00:13:18,310 Let her call me a friend now. 177 00:13:53,000 --> 00:13:54,000 she were guilty. 178 00:13:55,280 --> 00:13:56,280 What? 179 00:13:59,500 --> 00:14:01,960 If he'd done it, then this would all be his fault. 180 00:14:05,400 --> 00:14:08,400 But he didn't do it, and that makes it all my fault. 181 00:14:09,200 --> 00:14:10,820 It's not your fault, Michael. 182 00:14:13,480 --> 00:14:15,760 I don't remember ever being this scared before. 183 00:14:17,940 --> 00:14:21,860 Maybe before my first trial 15 years ago. 184 00:14:30,860 --> 00:14:32,660 I can only guess how Earl feels right now. 185 00:14:37,980 --> 00:14:43,860 When I was in law school, I used to date her about this. 186 00:14:44,700 --> 00:14:50,340 You know, about having a big murder case where everything was on the line. 187 00:14:54,940 --> 00:14:56,800 I thought it would make me feel strong. 188 00:15:05,820 --> 00:15:09,420 Judge Henderson, by all accounts, is the most influential up there, so if he 189 00:15:09,420 --> 00:15:11,000 asks a question, make sure you answer it. 190 00:15:11,800 --> 00:15:14,760 Connolly's considered the lightweight, so if you have to duck him at all, it's 191 00:15:14,760 --> 00:15:15,760 not going to be fatal. 192 00:15:16,260 --> 00:15:18,720 Okay, did you file that supplemental list of authorities yet? 193 00:15:18,960 --> 00:15:19,960 Yeah, yesterday. 194 00:15:20,000 --> 00:15:24,440 Good. Victor, I'm not really following your index on the trial transcripts. Oh, 195 00:15:24,440 --> 00:15:25,860 okay. This is witness. 196 00:15:26,540 --> 00:15:30,000 This column is statement made or subject matter covered. This indicates the page 197 00:15:30,000 --> 00:15:31,000 number. 198 00:15:31,060 --> 00:15:33,240 This right here indicates whether it was across or direct. 199 00:15:33,530 --> 00:15:36,030 You think I'm going to be able to decipher these little symbols in the 200 00:15:36,030 --> 00:15:38,330 oral argument? I'm going to be there deciphering it for you. Well, yeah, but 201 00:15:38,330 --> 00:15:40,990 what if I have to reference something really fast? I only have 45 minutes up 202 00:15:40,990 --> 00:15:42,710 there. I'm not going to... Don't be chopping at me, Mike. I'm not chopping 203 00:15:42,710 --> 00:15:45,350 you, Victor. Yes, you are. I'm not chopping at you. Chopping at me, and I 204 00:15:45,350 --> 00:15:48,210 like it, especially since I've been... Victor, this is a death penalty case, 205 00:15:48,210 --> 00:15:51,690 right? A man's life is on the line here. I know, and it's all hanging on you, 206 00:15:51,730 --> 00:15:54,790 and you're starting to get afraid. But, Mike, if you start snapping at those 207 00:15:54,790 --> 00:15:57,910 judges the way you did at us in moot court, they're not going to be listening 208 00:15:57,910 --> 00:15:58,910 you for very long. 209 00:16:04,270 --> 00:16:09,690 I'm sorry. I just... I'm a little overanxious here, and I just want to get 210 00:16:09,690 --> 00:16:10,690 done. 211 00:16:11,770 --> 00:16:12,770 I'm sorry. 212 00:16:14,730 --> 00:16:16,150 What issue are you going to be leading? 213 00:16:17,030 --> 00:16:18,030 Prosecutorial misconduct. 214 00:16:19,270 --> 00:16:20,450 You mean you're going after Flanny? 215 00:16:20,770 --> 00:16:21,770 Yep. 216 00:16:22,290 --> 00:16:23,290 Unfair surprise. 217 00:16:24,130 --> 00:16:27,250 She sprung that semen evident to try without even telling me first, and I'm 218 00:16:27,250 --> 00:16:28,250 going to nail her for that. 219 00:16:30,720 --> 00:16:34,720 What about abuse of discretion? I mean, that's viable, too. No, Douglas was 220 00:16:34,720 --> 00:16:37,520 right on that. The judges would never substitute their judgment on that. 221 00:16:38,820 --> 00:16:42,760 If I'm going to win this, I'm going to have to take Margaret down. 222 00:16:44,360 --> 00:16:45,360 Think you can? 223 00:16:45,700 --> 00:16:46,800 We'll find out, won't we? 224 00:16:52,620 --> 00:16:54,220 I don't want to lose this case, Victor. 225 00:16:56,620 --> 00:16:58,540 I don't know what I'd do if I lost this case. 226 00:17:00,340 --> 00:17:02,800 Anderson Industries is a law abiding corporation. 227 00:17:03,100 --> 00:17:07,700 It does extensive charity work. It is a company with a first rate reputation. 228 00:17:07,960 --> 00:17:12,300 Which also has ties to South Africa. You couldn't find a major law firm in this 229 00:17:12,300 --> 00:17:16,040 country that doesn't have at least one client with the same kind of ties. 230 00:17:16,240 --> 00:17:17,400 I don't believe that. Look. 231 00:17:17,760 --> 00:17:20,680 Let's deal with one precedent at a time, shall we? 232 00:17:20,900 --> 00:17:25,780 Are we really going to let an associate dictate to us what entities we will or 233 00:17:25,780 --> 00:17:27,660 will not accept as clients? 234 00:17:27,900 --> 00:17:32,200 N -O. It's not just an associate who's objecting. I'm a partner, and I don't 235 00:17:32,200 --> 00:17:33,940 like it. You didn't seem to mind yesterday. 236 00:17:34,320 --> 00:17:35,980 Because I didn't know their history yesterday. 237 00:17:36,240 --> 00:17:39,640 And why didn't you know? I'll tell you why. Because it is not the practice of 238 00:17:39,640 --> 00:17:41,800 this firm to do policy checks on its clients. 239 00:17:42,620 --> 00:17:47,060 It is not the practice of this firm to scrutinize the political identities of 240 00:17:47,060 --> 00:17:48,620 the people who pay our fees. 241 00:17:48,820 --> 00:17:52,220 Well, maybe it should be. Why? Because this particular client happens to be 242 00:17:52,220 --> 00:17:55,900 mine? All right, Ralph. Because this particular client has dealings with the 243 00:17:55,900 --> 00:17:59,720 most racist government on the face of the earth. This is a political question, 244 00:17:59,920 --> 00:18:04,080 Ann. Abortion is a political question, Douglas. We had to drop my client 245 00:18:04,080 --> 00:18:07,940 of a political question. That was office politics, completely different. And 246 00:18:07,940 --> 00:18:09,560 that's crap. It isn't crap. 247 00:18:10,030 --> 00:18:13,170 We cut your abortion client because siding with it would have made us 248 00:18:13,790 --> 00:18:17,250 Siding with Anderson Industries would make us richer, and that's the only kind 249 00:18:17,250 --> 00:18:20,630 of politics we can afford to play here. We're thinking a hell of a lot lower 250 00:18:20,630 --> 00:18:22,630 than the bottom line if we take this client, Douglas. 251 00:18:22,870 --> 00:18:26,550 Come on, Stuart, don't. They support South Africa, Rosalind. You're talking 252 00:18:26,550 --> 00:18:29,610 about a government that suppresses the majority of its citizens. 253 00:18:29,890 --> 00:18:33,050 That's repugnant. And if it's not repugnant to Anderson Industries, I 254 00:18:33,050 --> 00:18:34,230 to have anything to do with them. Fine. 255 00:18:34,800 --> 00:18:38,540 Then I want complete bios and cross -checks done on every client so we can 256 00:18:38,540 --> 00:18:42,540 to implement this new policy of moral judgment. That's ridiculous. 257 00:18:42,800 --> 00:18:43,960 No, I'll tell you what's ridiculous. 258 00:18:44,680 --> 00:18:50,140 A law firm that throws away $300 ,000 defending a murderer and appealing his 259 00:18:50,140 --> 00:18:56,520 conviction and then turns down a potential $2 million a year client 260 00:18:56,520 --> 00:18:59,900 don't like the politics of some of the folks it does business with. That's 261 00:18:59,900 --> 00:19:03,400 ridiculous. All right, we've heard enough. Let's put the damn thing to a 262 00:19:04,770 --> 00:19:06,790 Arnold votes yes by proxy. 263 00:19:07,750 --> 00:19:08,910 Michael votes no. 264 00:19:09,630 --> 00:19:10,630 I'm a yes. 265 00:19:10,790 --> 00:19:11,790 Me too. 266 00:19:11,910 --> 00:19:12,910 I'm a no. 267 00:19:13,290 --> 00:19:15,390 And I vote no. Three to three, Leland. 268 00:19:16,750 --> 00:19:17,750 You decide. 269 00:19:20,090 --> 00:19:23,810 I vote yes. We take this client. This meeting is adjourned. 270 00:19:36,520 --> 00:19:40,940 In 23 years of practice, Your Honor, I've never been as outraged as I am at 271 00:19:40,940 --> 00:19:45,080 moment. This woman stands to have her entire career ruined because that man 272 00:19:45,080 --> 00:19:48,960 wants to take moments of intimacy between a husband and wife and make them 273 00:19:48,960 --> 00:19:53,260 pornography. Your Honor, the tape is what it is. My client is not making it 274 00:19:53,260 --> 00:19:56,220 anything. He is making it public, Mr. Becker. 275 00:19:56,480 --> 00:20:00,100 And I have agreed to seal this courtroom for the reason that to reveal the very 276 00:20:00,100 --> 00:20:02,440 existence of this tape could cause... 277 00:20:02,880 --> 00:20:03,880 irreparable damage. 278 00:20:03,980 --> 00:20:07,180 Your Honor, that's exactly what Mr. Vogel wants to do. His venom and 279 00:20:07,180 --> 00:20:10,320 spitefulness for his former wife were matched only by his greed. 280 00:20:10,580 --> 00:20:13,900 Your Honor, that's just nonsense. The property settlement between these two 281 00:20:13,900 --> 00:20:17,200 people itemizes everything that goes to Miss Peters. He gives all rights in the 282 00:20:17,200 --> 00:20:18,620 remainder to my client. 283 00:20:18,840 --> 00:20:23,760 Mr. Becker, is there any indication that Miss Peters would have knowingly 284 00:20:23,760 --> 00:20:26,580 authorized the distribution of this tape? 285 00:20:26,920 --> 00:20:29,960 My client's an accomplished photographer. He took a great many 286 00:20:29,960 --> 00:20:33,840 wife. In each case, she authorized their use. Becker, we're not talking about 287 00:20:33,840 --> 00:20:38,480 photographs here. We're talking about videotaped footage of marital acts. 288 00:20:38,780 --> 00:20:44,600 Without getting overly graphic, gentlemen, can you give me a sense of 289 00:20:44,600 --> 00:20:45,600 this tape? 290 00:20:47,540 --> 00:20:49,720 Several variations of coitus. 291 00:20:50,140 --> 00:20:52,200 Compared to what's out there, it's pretty wholesome stuff. 292 00:20:52,730 --> 00:20:56,470 It won't be any too wholesome when some guy's standing in a plywood booth 293 00:20:56,470 --> 00:21:00,150 slamming quarters into the damn thing to see it. This would be intended for the 294 00:21:00,150 --> 00:21:01,390 home video market only. 295 00:21:01,750 --> 00:21:03,430 Okay, I have heard enough. 296 00:21:04,030 --> 00:21:07,450 Mr. Becker, your client isn't joined from exhibiting this tape commercially. 297 00:21:07,850 --> 00:21:12,370 Miss Peters retains the right to determine how her name and likeness are 298 00:21:12,370 --> 00:21:16,810 used. Nothing in this divorce agreement anticipated this. 299 00:21:17,610 --> 00:21:20,250 Nothing in it gives him the right to do it. 300 00:21:20,510 --> 00:21:24,270 Your Honor, we also requested that Mr. Vogel turn over all extra copies now 301 00:21:24,270 --> 00:21:25,270 under his control. 302 00:21:25,330 --> 00:21:26,330 That I cannot order. 303 00:21:26,730 --> 00:21:31,270 The agreement clearly grants all possession of the tape to Mr. Vogel, and 304 00:21:31,270 --> 00:21:34,750 simply don't have the authority to supersede it. What about private 305 00:21:34,750 --> 00:21:37,590 for 50 or 60 of his closest friends? 306 00:21:38,070 --> 00:21:41,310 Your Honor, what's going to happen when this tape starts to circulate privately 307 00:21:41,310 --> 00:21:43,170 among friends, party to party? 308 00:21:43,390 --> 00:21:47,390 That's not going to happen. Please, Mr. Becker, who among us has not seen the 309 00:21:47,390 --> 00:21:48,390 Rob Lowe tape? 310 00:21:48,730 --> 00:21:50,210 Anyone? Anyone? 311 00:21:50,890 --> 00:21:53,850 Listen, I have done all I can do. 312 00:21:55,130 --> 00:21:59,670 And in fact, given my relationship with Mr. Becker's firm, I may well be forced 313 00:21:59,670 --> 00:22:03,730 to recuse myself before this matter comes to trial. Which, by the way, would 314 00:22:03,730 --> 00:22:04,970 just fine with me. 315 00:22:09,130 --> 00:22:12,930 May it please the court, I'm Michael Cusack, appearing for the appellant, 316 00:22:12,930 --> 00:22:13,930 Williams. 317 00:22:14,370 --> 00:22:16,690 Contained in my papers is an overview of the case. 318 00:22:17,390 --> 00:22:21,570 as well as specific grounds which mandate a reversal in my client's 319 00:22:22,230 --> 00:22:25,530 Today, I would like to focus on the most compelling of those grounds, the 320 00:22:25,530 --> 00:22:29,490 prosecutorial misconduct of Margaret Flanagan. I don't mean to cut you off at 321 00:22:29,490 --> 00:22:34,050 the jump, counsel, but this court is generally suspect of that particular 322 00:22:34,670 --> 00:22:36,890 Are you sure that's where you want to steer us? 323 00:22:37,110 --> 00:22:38,110 I'm exactly sure. 324 00:22:38,650 --> 00:22:42,510 Margaret Flanagan's conduct in this trial was reprehensible. It was 325 00:22:42,610 --> 00:22:45,890 It was a breach of her duty to act as an officer of the court, and it is the 326 00:22:45,890 --> 00:22:50,250 reason why an innocent man is sitting on death row. I assume you're referring to 327 00:22:50,250 --> 00:22:54,410 the DNA evidence which placed your client's semen on the victim's bed? 328 00:22:54,710 --> 00:22:55,710 That's correct, Your Honor. 329 00:22:55,950 --> 00:22:59,910 The district attorney had an obligation to disclose that information to me and 330 00:22:59,910 --> 00:23:04,170 to the court prior to the trial. She did not. But according to the record, Miss 331 00:23:04,170 --> 00:23:06,910 Flanagan herself got this evidence at the last second. 332 00:23:07,500 --> 00:23:11,300 There's no evidence that she willfully concealed anything. And the judge 333 00:23:11,300 --> 00:23:14,060 you a continuance to give you time, and you declined. 334 00:23:14,460 --> 00:23:19,200 First of all, the record will show that she got the evidence from the lab on the 335 00:23:19,200 --> 00:23:20,200 eve of the trial. 336 00:23:20,460 --> 00:23:25,200 She sprung it in court three days into the trial. That gave her two days to 337 00:23:25,200 --> 00:23:29,000 inform me, which she didn't. That makes her conduct willful. 338 00:23:29,540 --> 00:23:33,640 As for my refusing the continuance, the damage had already been done. 339 00:23:33,920 --> 00:23:34,819 How so? 340 00:23:34,820 --> 00:23:36,460 Had I known what she had... 341 00:23:36,720 --> 00:23:41,680 As I was entitled to under Walker v. Superior Court, I would never have 342 00:23:41,680 --> 00:23:44,380 that my client was having a sexual relationship with Nina Corey. 343 00:23:44,620 --> 00:23:48,520 I also would never have denied that he was in her apartment on the night she 344 00:23:48,520 --> 00:23:51,340 murdered. In other words, you never would have lied to the court if you knew 345 00:23:51,340 --> 00:23:52,159 you'd be caught. 346 00:23:52,160 --> 00:23:55,600 I didn't know my client was having an affair with the victim. It was a 347 00:23:55,600 --> 00:23:56,600 to me as well. 348 00:23:57,040 --> 00:23:58,460 Earl Williams did lie. 349 00:23:58,680 --> 00:24:03,120 I'm not making excuses for that. But had I known he was lying, and I would have, 350 00:24:03,180 --> 00:24:04,780 had she followed the law... 351 00:24:05,050 --> 00:24:07,570 I would have stopped him from using it. I'm sorry. 352 00:24:07,890 --> 00:24:10,190 I'm not sure I understand the harm. 353 00:24:10,530 --> 00:24:14,870 Everything she introduced at the trial, your client admitted himself once he 354 00:24:14,870 --> 00:24:15,689 took the stand. 355 00:24:15,690 --> 00:24:19,050 The harm is that he was portrayed as a liar. 356 00:24:19,310 --> 00:24:22,250 Because he was a liar. He told one lie, yes. 357 00:24:22,490 --> 00:24:26,510 But what I'm saying, Your Honor, is that had I known about her DNA evidence, I 358 00:24:26,510 --> 00:24:27,870 would have known he was lying. 359 00:24:28,510 --> 00:24:31,830 As a good attorney, I would have counseled him not to lie. 360 00:24:32,270 --> 00:24:35,930 The jury would never have perceived him as dishonest, and without that 361 00:24:35,930 --> 00:24:38,830 perception, Earl Williams would have been acquitted. 362 00:24:39,210 --> 00:24:42,510 Sounds a little meandering to me, Mr. Cusack. 363 00:24:42,790 --> 00:24:44,250 Then let me make it more clear. 364 00:24:44,570 --> 00:24:46,590 She had two linchpins in her case. 365 00:24:47,110 --> 00:24:50,930 The circumstantial evidence that placed Earl Williams at the scene of the crime, 366 00:24:51,050 --> 00:24:54,510 at the time of the murder, and the evidence of his dishonesty. 367 00:24:54,890 --> 00:24:58,770 Had the district attorney complied with the law, I would have kept the second 368 00:24:58,770 --> 00:24:59,770 part of her case out. 369 00:25:00,430 --> 00:25:04,350 That means that she would have been left trying to prove murder beyond a 370 00:25:04,350 --> 00:25:07,490 reasonable doubt with nothing more than circumstantial evidence. 371 00:25:07,750 --> 00:25:11,390 And that's why she withheld it, to give herself something that she otherwise 372 00:25:11,390 --> 00:25:12,550 would not have had. 373 00:25:12,910 --> 00:25:14,090 She fights hard. 374 00:25:14,630 --> 00:25:19,190 She fights to win. I understand that. But if you are going to put someone on 375 00:25:19,190 --> 00:25:24,970 death row, if you are going to send a human being to the gas chamber, you 376 00:25:24,970 --> 00:25:28,070 at least follow the rules and obey the law. 377 00:25:29,390 --> 00:25:31,050 Margaret Flanagan didn't. 378 00:26:03,060 --> 00:26:06,040 Quarter of a million dollars, Al. That's more money than you would have made in 379 00:26:06,040 --> 00:26:07,040 the porno business. 380 00:26:08,260 --> 00:26:09,260 Not interested. 381 00:26:09,380 --> 00:26:12,780 Right. What you're interested in is seeing this woman hurt. 382 00:26:12,980 --> 00:26:14,520 What is it that hurts, Rochelle? 383 00:26:14,880 --> 00:26:17,740 The fact that there's a photographic record of us having gone to bed? 384 00:26:18,000 --> 00:26:19,920 No, the fact that you would show it to people. 385 00:26:20,140 --> 00:26:21,039 All right. 386 00:26:21,040 --> 00:26:23,100 Let's cut through the psychodrama, shall we? 387 00:26:24,280 --> 00:26:27,980 Now, what's it going to take, Mr. Vogel? Putting a dollar figure on something 388 00:26:27,980 --> 00:26:29,660 like this is impossible. 389 00:26:30,020 --> 00:26:31,320 Well, let's try. 390 00:26:33,100 --> 00:26:36,960 1 .2 million structured over 18 months, 400 ,000 due immediately. 391 00:26:37,220 --> 00:26:38,220 That's outrageous. 392 00:26:38,360 --> 00:26:39,360 Is it? 393 00:26:39,480 --> 00:26:42,360 Your biggest fear, and you can correct me if I'm wrong, Kevin, is that 394 00:26:42,360 --> 00:26:44,600 Rochelle's sexual hijinks will destroy her credibility. 395 00:26:45,100 --> 00:26:48,340 That's right, Mr. Becker. That's just what we don't want to see happen. 396 00:26:48,680 --> 00:26:52,540 Thousands of tapes circulating around the country, people watching them in 397 00:26:52,660 --> 00:26:55,960 at frat parties, running gags in Johnny Carson's monologue. 398 00:26:56,200 --> 00:26:57,200 Half a million. 399 00:26:57,460 --> 00:27:01,460 You spend over 10 million a year just promoting her, protecting her Q rating. 400 00:27:01,870 --> 00:27:04,770 You're telling me that half a million is all that's worth? Make it a million. 401 00:27:05,870 --> 00:27:06,870 Point two. 402 00:27:08,870 --> 00:27:10,610 Okay. I don't want to sell it. 403 00:27:11,050 --> 00:27:12,050 What? 404 00:27:12,490 --> 00:27:13,950 Excuse me, Al. No deal. 405 00:27:15,030 --> 00:27:17,970 Al, there's a terrific deal to be made here. I said no. 406 00:27:18,710 --> 00:27:20,090 I don't understand this. 407 00:27:32,240 --> 00:27:33,240 You hear anything yet? 408 00:27:33,800 --> 00:27:35,960 Nothing. I mean, I know they met on it, but that's all I know. 409 00:27:36,420 --> 00:27:38,100 I sure as hell don't want to be out of work. 410 00:27:39,520 --> 00:27:41,820 But if they take that client, I've got no other choice. 411 00:27:42,100 --> 00:27:42,959 What do you mean? 412 00:27:42,960 --> 00:27:44,580 I couldn't stay here, Diana. Could you? 413 00:27:45,000 --> 00:27:46,000 Yeah. 414 00:27:47,580 --> 00:27:50,780 I'm not quitting. That company supports South Africa. How could you possibly 415 00:27:50,780 --> 00:27:51,780 stay here? 416 00:27:52,380 --> 00:27:53,960 How could Michael Kuzak stay? 417 00:27:54,200 --> 00:27:56,000 How could Ann Kelsey stay? 418 00:27:56,220 --> 00:27:57,220 Are you kidding me? 419 00:27:57,340 --> 00:27:59,620 No, I'm not kidding you, Jonathan. Are you kidding me? 420 00:28:00,330 --> 00:28:03,370 You think because we're black, we've got the exclusive on outrage here? 421 00:28:03,630 --> 00:28:06,330 With apartheid, we've certainly got a priority, yes. 422 00:28:06,610 --> 00:28:09,510 Did it ever occur to you that your quitting would accomplish nothing? 423 00:28:10,010 --> 00:28:15,070 Did it ever occur to you that by staying, maybe you could help influence 424 00:28:15,070 --> 00:28:18,230 Anderson Industries, maybe even convince them to change? What's this, the 425 00:28:18,230 --> 00:28:21,690 Sullivan principle? Look, baby, you don't want to lose your job, fine, just 426 00:28:21,690 --> 00:28:24,690 so, but don't start feeding... That's right, I don't want to lose my job. 427 00:28:27,150 --> 00:28:31,190 I can't afford to. I'm already about $20 ,000 in debt in student loans. 428 00:28:32,470 --> 00:28:36,150 This job is also my best career opportunity, and I shouldn't have to 429 00:28:36,150 --> 00:28:39,750 just because you're having a little spasm of black guilt. You don't want to 430 00:28:39,750 --> 00:28:40,729 quit. 431 00:28:40,730 --> 00:28:41,730 Don't quit. 432 00:28:41,850 --> 00:28:43,550 Just stay here and represent racists. 433 00:28:45,190 --> 00:28:46,330 Maybe you're the racist. 434 00:28:47,230 --> 00:28:50,630 No, you're the one making assumptions about my feelings on the basis of skin 435 00:28:50,630 --> 00:28:51,730 color. No. 436 00:28:53,290 --> 00:28:54,870 The assumptions I made... 437 00:28:55,230 --> 00:28:57,610 were based on what I thought I knew about you. 438 00:28:58,930 --> 00:29:01,910 If I was wrong, I was wrong and I apologize. 439 00:29:12,850 --> 00:29:17,890 Mr. Cusack has exhausted every avenue, each one more desperate than the next. 440 00:29:18,140 --> 00:29:22,120 The record shows he offered free professional services to entice a new 441 00:29:22,120 --> 00:29:25,660 eyewitness to testify in the hope of reopening the trial. 442 00:29:26,120 --> 00:29:27,120 That failed. 443 00:29:27,540 --> 00:29:31,020 Now he's here today claiming prosecutorial misconduct. 444 00:29:31,260 --> 00:29:33,940 Why didn't you tell him about your DNA evidence? 445 00:29:34,340 --> 00:29:38,920 As I've maintained before, Your Honor, I didn't get those results until the very 446 00:29:38,920 --> 00:29:39,899 last moment. 447 00:29:39,900 --> 00:29:43,760 Perhaps I was careless in not making sure of his notice, but... 448 00:29:44,060 --> 00:29:46,100 I certainly didn't conceal anything. 449 00:29:46,420 --> 00:29:50,280 Forgive me, Miss Flanagan, but that evidence was a bombshell, and you knew 450 00:29:50,460 --> 00:29:54,300 Do you expect us to believe you failed to alert Defense Counsel because it 451 00:29:54,300 --> 00:29:55,300 slipped your mind? 452 00:29:55,320 --> 00:29:59,900 I expect the court to take judicial notice of my reputation and know that 453 00:29:59,900 --> 00:30:04,800 nondisclosure was not willful. I also expect the court to recognize that Mr. 454 00:30:05,000 --> 00:30:09,880 Cusack knew my strategy, Your Honor. He knew I would be attempting to prove this 455 00:30:09,880 --> 00:30:10,880 sexual relationship. 456 00:30:11,550 --> 00:30:14,910 We offered a continuance if he felt prejudiced by the surprise. 457 00:30:15,410 --> 00:30:21,190 He didn't want it because he wasn't prejudiced. It's possible Mr. Cusack 458 00:30:21,190 --> 00:30:24,410 have prevented his client from looking like a liar before the jury. 459 00:30:24,650 --> 00:30:26,470 I suppose that is possible, Your Honor. 460 00:30:27,110 --> 00:30:29,890 But Earl Williams was, in fact, a liar. 461 00:30:30,210 --> 00:30:33,970 Are we really saying that the interests of justice have been contravened here 462 00:30:33,970 --> 00:30:35,830 because the jury got the right impression? 463 00:30:36,390 --> 00:30:37,410 Let's face it. 464 00:30:38,010 --> 00:30:42,850 Mr. Cusack is asking for a new trial today because the jury was exposed to 465 00:30:42,850 --> 00:30:47,270 truth. No, he's asking for a new trial because you failed to disclose physical 466 00:30:47,270 --> 00:30:50,950 evidence to him, which you are required to do under Walker v. 467 00:30:51,230 --> 00:30:52,750 Superior Court. Had Mr. 468 00:30:53,030 --> 00:30:58,670 Cusack known of the DNA evidence beforehand, his client would have simply 469 00:30:58,670 --> 00:31:00,570 the truth sooner rather than later. 470 00:31:01,050 --> 00:31:05,690 That's not a distinction which justifies overturning a verdict which 12 members 471 00:31:05,690 --> 00:31:08,110 found to be fully supported by the facts. 472 00:31:09,530 --> 00:31:15,010 Earl Williams is on death row because he murdered a young woman, not because his 473 00:31:15,010 --> 00:31:16,250 lawyer was caught off guard. 474 00:31:16,490 --> 00:31:20,030 Mrs. Flanagan, I've been through the transcripts and I've taken note of your 475 00:31:20,030 --> 00:31:24,410 propensity to inject your own personal feelings into this case, which you know 476 00:31:24,410 --> 00:31:25,229 is not proper. 477 00:31:25,230 --> 00:31:29,210 If you're asking me, did I conceal my personal disgust for Earl Williams? 478 00:31:30,370 --> 00:31:35,870 No, I probably didn't. I went after Earl Williams for that. I went after him 479 00:31:35,870 --> 00:31:36,870 hard. 480 00:31:37,430 --> 00:31:39,850 But am I guilty of misconduct? 481 00:31:41,390 --> 00:31:44,790 It was Michael Cusack who was held in contempt, not I. 482 00:31:45,110 --> 00:31:49,110 It was Michael Cusack who was jailed for ex parte abuse, not I. 483 00:31:49,630 --> 00:31:55,070 It was Michael Cusack who shouted inadmissible evidence at a jury after 484 00:31:55,070 --> 00:31:58,750 trial judge disallowed it. He was a desperate attorney doing his job. 485 00:31:59,320 --> 00:32:03,640 What he refuses to understand is I was simply doing mine. 486 00:32:09,880 --> 00:32:10,880 Oh, my God. 487 00:32:11,540 --> 00:32:13,800 I don't understand how he can show this to people. 488 00:32:14,960 --> 00:32:16,300 He's a strange fella. 489 00:32:16,560 --> 00:32:17,560 Are you sure it's her? 490 00:32:17,820 --> 00:32:19,060 I can't really tell. 491 00:32:19,640 --> 00:32:20,640 Turn over. 492 00:32:22,100 --> 00:32:23,100 It's her. 493 00:32:23,920 --> 00:32:24,920 Wow. 494 00:32:25,180 --> 00:32:27,860 She is cavorting with particular abandon. 495 00:32:32,610 --> 00:32:33,610 Arnie, Al's here. 496 00:32:35,010 --> 00:32:39,150 Taking a look at it? No. Hey, don't stop on my account. No, we're nearly done. 497 00:32:39,230 --> 00:32:40,169 No, no, it's okay. 498 00:32:40,170 --> 00:32:41,870 You haven't even gotten to the good part yet. 499 00:32:42,150 --> 00:32:46,530 Really? I'm Al Vogel, by the way. Douglas Brockman. Hi, Stuart Markowitz. 500 00:32:46,870 --> 00:32:47,870 Pleased to meet you. 501 00:32:48,990 --> 00:32:49,990 She's something, isn't she? 502 00:32:51,050 --> 00:32:52,190 Very nice. 503 00:32:53,230 --> 00:32:55,450 Arnie, she called me this morning. 504 00:32:55,750 --> 00:32:59,290 She wants to drop by and talk. I guess I should have expected that, right? 505 00:32:59,900 --> 00:33:03,620 She's not about to just give up, Al. Hell no, I'm looking forward to watching 506 00:33:03,620 --> 00:33:04,359 her squirm. 507 00:33:04,360 --> 00:33:05,079 I like that. 508 00:33:05,080 --> 00:33:06,080 I like it. 509 00:33:06,500 --> 00:33:09,420 You do like it, don't you? I do, I do. 510 00:33:10,240 --> 00:33:12,240 Oh, is that what you want? 511 00:33:14,940 --> 00:33:15,420 The 512 00:33:15,420 --> 00:33:22,180 partners 513 00:33:22,180 --> 00:33:26,360 considered your concerns this morning very seriously, I might add, and after 514 00:33:26,360 --> 00:33:27,360 weighing everything. 515 00:33:27,760 --> 00:33:30,540 We elected to accept Anderson Industries as a client. 516 00:33:30,920 --> 00:33:32,400 I know that disappoints you. 517 00:33:32,640 --> 00:33:33,419 Yeah, it does. 518 00:33:33,420 --> 00:33:36,960 If you choose not to do any work for this client personally, I will honor 519 00:33:36,960 --> 00:33:38,440 decision. Oh, for God's sake. 520 00:33:39,080 --> 00:33:42,420 Listen, don't pick... I'm sorry, Jonathan. 521 00:33:45,000 --> 00:33:48,920 I don't think I can work here anymore, Leland. No, no, that is rash, and you 522 00:33:48,920 --> 00:33:51,300 know it. Yeah, well, maybe it's time for me to be rash. 523 00:33:52,040 --> 00:33:54,460 I'm a rich boy, Leland. I had everything. 524 00:33:58,000 --> 00:34:01,560 It was easy to forget I was black, and that's exactly what I did. You think 525 00:34:01,560 --> 00:34:05,720 because you're black, you have an obligation to sample oppression? 526 00:34:06,920 --> 00:34:12,980 When I was at Harvard, they had protests going on all the time over apartheid 527 00:34:12,980 --> 00:34:14,100 and divestitures. 528 00:34:16,480 --> 00:34:18,659 See, I was always too busy studying to take part. 529 00:34:19,199 --> 00:34:24,420 So what I do after I graduate, I get a job here at a downtown corporate law 530 00:34:24,420 --> 00:34:25,420 and go for the paycheck. 531 00:34:27,400 --> 00:34:32,560 Thing is, I never knew it was a firm that could represent people who helped 532 00:34:32,560 --> 00:34:34,320 finance South Africa. 533 00:34:34,719 --> 00:34:37,380 Someday you'll probably head up your own firm, Jonathan. 534 00:34:38,320 --> 00:34:40,639 And you'll see, it gets complicated. 535 00:34:41,620 --> 00:34:43,659 Sometimes you just have to compromise. 536 00:34:44,219 --> 00:34:46,500 No, you always struck me as a man who didn't. 537 00:34:47,219 --> 00:34:50,880 When you found out your bank was engaging in redlining, you closed all 538 00:34:50,880 --> 00:34:51,880 accounts. 539 00:34:51,949 --> 00:34:55,190 You refused to join your own father's club because they wouldn't admit Jews. 540 00:34:55,389 --> 00:35:00,030 You, Leland, refused to represent slumlords. You refused to represent 541 00:35:00,030 --> 00:35:02,290 busters. Hell, Leland, why can't you refuse now? 542 00:35:02,510 --> 00:35:05,050 Because it was put to a partnership vote. 543 00:35:05,730 --> 00:35:08,950 I took your concerns to the partners, and it was voted on. 544 00:35:09,170 --> 00:35:10,250 Which way did you vote? 545 00:35:13,350 --> 00:35:14,350 Leland? 546 00:35:16,410 --> 00:35:20,510 I'm entitled to my own position, Jonathan, just as you're entitled to 547 00:35:21,610 --> 00:35:23,570 The problem is you agree with me on this one. 548 00:35:25,010 --> 00:35:26,290 And you still voted the way you did. 549 00:35:52,430 --> 00:35:53,430 Hi, Rochelle. 550 00:35:55,850 --> 00:35:56,850 Where's your attorney? 551 00:35:57,150 --> 00:35:58,250 I didn't want him here. 552 00:35:58,630 --> 00:35:59,630 Mine stays. 553 00:35:59,990 --> 00:36:00,990 Fine. 554 00:36:05,670 --> 00:36:06,670 So what do you want? 555 00:36:09,390 --> 00:36:12,690 I want to know why you've come to hate me this much. If I didn't have this 556 00:36:12,690 --> 00:36:14,130 videotape, you think you'd care? 557 00:36:14,970 --> 00:36:17,590 You know, maybe I should leave you alone. No, I don't want to be alone with 558 00:36:17,730 --> 00:36:20,610 Her lawyer probably sent her here to get me to say something that they can use. 559 00:36:24,750 --> 00:36:26,790 Al, why do you think I made that tape? 560 00:36:27,110 --> 00:36:28,110 I don't know. 561 00:36:28,190 --> 00:36:31,190 Maybe you were bombed. I made it because I knew it thrilled you. 562 00:36:31,410 --> 00:36:32,410 Great. 563 00:36:32,650 --> 00:36:33,650 Sex is charity. 564 00:36:34,150 --> 00:36:35,510 It also thrilled me. 565 00:36:36,390 --> 00:36:37,390 More charity. 566 00:36:37,650 --> 00:36:38,650 Look at me, Al. 567 00:36:39,810 --> 00:36:41,870 I could be a little girl with you. 568 00:36:42,990 --> 00:36:45,130 I could be a goofball with you. 569 00:36:45,790 --> 00:36:47,970 Or I could be wanton and lewd. 570 00:36:48,710 --> 00:36:50,030 I could be anything. 571 00:36:51,590 --> 00:36:53,010 And you protected me. 572 00:36:53,400 --> 00:36:54,400 Yeah. 573 00:36:55,280 --> 00:36:57,980 So what? Why aren't you protecting me now? 574 00:36:58,240 --> 00:36:59,420 Because I'm not your protector. 575 00:37:00,940 --> 00:37:01,940 I'm your friend. 576 00:37:04,160 --> 00:37:05,800 Isn't that what you introduced me as? 577 00:37:06,760 --> 00:37:07,760 Your friend? 578 00:37:08,120 --> 00:37:09,440 What do you want, Al? 579 00:37:09,940 --> 00:37:10,940 What do I want? 580 00:37:22,480 --> 00:37:23,480 I want to be your husband. 581 00:37:26,660 --> 00:37:29,680 I want you to be my wife. 582 00:37:30,760 --> 00:37:32,080 It's not going to happen. 583 00:37:33,240 --> 00:37:35,020 No matter how much you want it. 584 00:37:35,420 --> 00:37:38,000 It was once, but it's not going to happen again. 585 00:37:38,520 --> 00:37:39,520 No. 586 00:37:39,900 --> 00:37:40,900 No. 587 00:37:41,920 --> 00:37:42,920 Great. 588 00:37:44,160 --> 00:37:48,720 Then prepare to star in the masturbatory fantasies of millions. 589 00:37:49,100 --> 00:37:50,340 Let me tell you something, Al. 590 00:37:51,529 --> 00:37:55,390 Making that tape was one thing, but releasing it is something else. 591 00:37:57,530 --> 00:37:59,130 Will I be mortified? Yes. 592 00:38:00,530 --> 00:38:04,470 In the end, though, all that it proves is that I made love to my husband. 593 00:38:05,070 --> 00:38:08,730 What it says about you is that you're sick and you're mean. 594 00:38:09,430 --> 00:38:10,970 It's not what you used to be, Al. 595 00:38:14,050 --> 00:38:15,090 It's what you've become. 596 00:38:26,800 --> 00:38:27,800 Isn't she a pistol? 597 00:38:28,720 --> 00:38:29,920 Al. What? 598 00:38:31,980 --> 00:38:32,980 Don't do it. 599 00:38:33,480 --> 00:38:34,480 Now you're going to start. 600 00:38:34,980 --> 00:38:39,200 There is a line, even in my business, and I think you're crossing it. 601 00:38:39,700 --> 00:38:43,400 Can she win in court? I think she can. I think she can also sue you for damages. 602 00:38:44,100 --> 00:38:45,160 That's another conversation. 603 00:38:45,720 --> 00:38:47,860 What I'm saying to you right now is that you're wrong. 604 00:38:49,460 --> 00:38:50,460 I'm out. 605 00:38:50,600 --> 00:38:54,180 Then I'll get another lawyer. Look, you're wounded, Al. I understand this. 606 00:38:54,180 --> 00:38:57,800 ripped your insides out. I go to sleep thinking about her. I wake up thinking 607 00:38:57,800 --> 00:39:00,180 about her. Not one of us who hasn't been there. 608 00:39:00,460 --> 00:39:04,240 And what am I supposed to do? Just tough it out? That's exactly what you do. You 609 00:39:04,240 --> 00:39:08,600 face it down as much as it hurts inside, as much as it rips at your gut. 610 00:39:09,680 --> 00:39:13,460 You just grit your teeth and you wait for it to pass. 611 00:39:14,220 --> 00:39:15,660 And what makes you think it will? 612 00:39:16,320 --> 00:39:17,480 Because it always does. 613 00:39:19,500 --> 00:39:21,500 You just have to give it time. 614 00:39:22,920 --> 00:39:29,420 On the other hand, if you insist on this pathetic act of spite, you may very 615 00:39:29,420 --> 00:39:30,420 well never live it down. 616 00:39:45,460 --> 00:39:46,460 Leave it with me. 617 00:39:48,780 --> 00:39:49,940 Messenger it over this afternoon. 618 00:39:54,720 --> 00:39:55,720 Right. 619 00:39:59,520 --> 00:40:00,520 And that'll be that. 620 00:40:20,140 --> 00:40:23,420 Mr. Cusack, the court has decided not to entertain your rebuttal. 621 00:40:25,820 --> 00:40:30,740 If it pleases the court, I would respectfully ask... Counsel, it would 622 00:40:30,740 --> 00:40:32,000 the court if you take your seat. 623 00:40:35,380 --> 00:40:39,260 All of us have reviewed the transcripts on this case with a great deal of 624 00:40:39,260 --> 00:40:44,200 scrutiny, and we unanimously agree that this was an extremely balanced and close 625 00:40:44,200 --> 00:40:47,620 trial. In fact, it could be argued that on the record... 626 00:40:48,040 --> 00:40:50,980 The defendant appeared to have established a reasonable doubt. 627 00:40:51,460 --> 00:40:55,760 The jury obviously found otherwise, which was certainly within their 628 00:40:56,000 --> 00:41:01,400 But it cannot be disputed that the prosecutor's ability to establish the 629 00:41:01,400 --> 00:41:06,060 defendant as a liar played an integral part in her ability to secure a 630 00:41:06,060 --> 00:41:10,640 conviction. And it is likely that the district attorney never would have been 631 00:41:10,640 --> 00:41:15,280 able to do this had she properly advised defense counsel of the cards she was 632 00:41:15,280 --> 00:41:16,280 holding. 633 00:41:16,360 --> 00:41:19,780 Now it is our custom to go into session and issue written opinions. 634 00:41:20,760 --> 00:41:25,360 But since our respective positions are so clearly unanimous in this instance, 635 00:41:25,580 --> 00:41:31,240 and since justice delayed in some cases amounts to justice denied, we are ruling 636 00:41:31,240 --> 00:41:37,360 now. The surprise DNA evidence prejudiced the defendant's right to a 637 00:41:37,360 --> 00:41:39,120 under the United States Constitution. 638 00:41:40,680 --> 00:41:44,360 Accordingly, we hereby set aside the verdict and the death penalty. 639 00:41:45,130 --> 00:41:47,690 and order a new trial to be scheduled immediately. 640 00:41:48,170 --> 00:41:49,170 Oh, God. 641 00:41:49,350 --> 00:41:50,350 Oh, God. 642 00:41:50,910 --> 00:41:53,950 This matter is remanded to Superior Court for retrial. 643 00:41:54,590 --> 00:41:56,870 Thank you, Mr. Cusack and Miss Flanagan. 644 00:41:57,530 --> 00:41:58,530 We're adjourned. 645 00:42:03,490 --> 00:42:10,010 I know someone we have to call. 646 00:42:24,300 --> 00:42:26,440 What's this I hear about you changing your mind? 647 00:42:26,680 --> 00:42:30,220 Well, I had a talk with Jonathan, after which I decided he was right. This firm 648 00:42:30,220 --> 00:42:33,240 should not be representing that client. For God's sake, Leland. 649 00:42:34,040 --> 00:42:39,320 Anderson Industries could increase our yearly revenues by almost 35%. I am 650 00:42:39,320 --> 00:42:42,200 of that, Rosalind. I didn't say it was an easy decision. 651 00:42:42,520 --> 00:42:46,260 Well, you're obviously so prone to vacillating over this. Let me ask you to 652 00:42:46,260 --> 00:42:47,260 reconsider again. 653 00:42:47,500 --> 00:42:48,960 Nope. The decision is made. 654 00:42:49,260 --> 00:42:50,260 That's the end of it. 655 00:42:52,650 --> 00:42:55,830 This firm has a far bigger problem than I ever realized. 656 00:42:56,310 --> 00:43:00,130 Well, there'll be other big clients, Rosalind. I'm not talking about clients 657 00:43:00,130 --> 00:43:02,870 right now. I'm talking about the senior partner. 658 00:43:03,270 --> 00:43:06,790 I'm talking about somebody who can't make a hard decision when he needs to 659 00:43:06,790 --> 00:43:09,730 because he's too afraid of risking his popularity. 660 00:43:10,190 --> 00:43:11,590 What the hell is it with you? 661 00:43:12,130 --> 00:43:14,290 Do you thrive on picking fights? 662 00:43:14,550 --> 00:43:16,370 I thrive because I'm not afraid of them. 663 00:43:17,490 --> 00:43:21,670 This isn't a country club, Leland, where you get to be the golf pro. 664 00:43:22,200 --> 00:43:26,420 It's a tough business, and any firm, if it wants to get ahead, needs a strong 665 00:43:26,420 --> 00:43:30,420 leader. I have been running this firm for 25 years, and I don't need you to 666 00:43:30,420 --> 00:43:33,580 in here and tell me how I... You are running it into the ground, which is why 667 00:43:33,580 --> 00:43:34,820 you brought me in, to save you. 668 00:43:36,160 --> 00:43:37,840 Well, I can't save you from yourself. 669 00:43:38,960 --> 00:43:43,420 I can't help you if you are going to exalt your sense of altruism to this 670 00:43:43,420 --> 00:43:44,580 of fiscal blindness. 671 00:43:44,800 --> 00:43:48,640 If you're not happy, Roz, you can leave through the same door you came in. 672 00:43:48,740 --> 00:43:51,460 Believe it or not, I do care about this place. 673 00:43:52,090 --> 00:43:54,990 That's why I came in here fighting right now. Fine. 674 00:43:55,890 --> 00:43:57,430 Well, this fight you lose. 675 00:43:57,670 --> 00:43:59,890 The decision stands. We don't take that client. 676 00:44:00,190 --> 00:44:01,190 Are we clear? 677 00:44:01,550 --> 00:44:02,550 Oh, yeah. 678 00:44:04,170 --> 00:44:06,030 It's all becoming very clear. 679 00:44:23,310 --> 00:44:28,130 Criminal complaint number 89 -7053, people versus Earl Williams. 680 00:44:29,890 --> 00:44:31,970 Margaret Flanagan for the people, Your Honor. 681 00:44:32,290 --> 00:44:36,170 As you know, the defendant's conviction was overturned yesterday by the Supreme 682 00:44:36,170 --> 00:44:37,170 Court of California. 683 00:44:37,790 --> 00:44:41,710 We've refiled our complaint, and the people ask that a new trial be scheduled 684 00:44:41,710 --> 00:44:42,710 soon as possible. 685 00:44:43,010 --> 00:44:47,010 Michael Kuzak for the defendant. Petition for leave to file a motion to 686 00:44:47,010 --> 00:44:51,030 the complaint as well as a motion to suppress the DNA evidence of the 687 00:44:51,030 --> 00:44:54,930 prosecution. I'll hear your motions next Tuesday at 10. 688 00:44:55,490 --> 00:44:58,830 Tentative trial date for the first week in April. 689 00:44:59,170 --> 00:45:00,650 Seek bail modification, Your Honor. 690 00:45:01,370 --> 00:45:02,370 Denied. Same bail. 691 00:45:02,770 --> 00:45:06,050 Your Honor, I'll also be seeking a court order to instruct the Los Angeles 692 00:45:06,050 --> 00:45:08,450 police to locate and detain Mr. Ronald Sewell. 693 00:45:08,710 --> 00:45:09,710 Excuse me? 694 00:45:10,040 --> 00:45:13,660 Mr. Sewell, more commonly known as Pinto, was the man seen leaving the 695 00:45:13,660 --> 00:45:17,820 scene by my witness, Philip Michael Holden, which witness you found to be 696 00:45:17,820 --> 00:45:21,940 unreliable. Upon information and belief, Mr. Sewell has recently been seen in 697 00:45:21,940 --> 00:45:25,380 the area, and the interests of justice would mandate that he be picked up for 698 00:45:25,380 --> 00:45:29,420 questioning. Mr. Sewell is not a suspect, Your Honor. We're satisfied 699 00:45:29,420 --> 00:45:31,360 man who killed Nina Corey is right there. 700 00:45:31,660 --> 00:45:34,220 I can't tell the police who to pick up, Mr. Cusack. 701 00:45:34,730 --> 00:45:36,410 If they don't consider this Mr. 702 00:45:36,790 --> 00:45:40,490 Sewell to be a suspect, I'm certainly not ordering them to do so. He's 703 00:45:40,490 --> 00:45:43,770 a flight risk, Your Honor. If we don't pick him up, then... I'm sorry, but 704 00:45:43,770 --> 00:45:45,030 that's not within my authority. 705 00:45:45,730 --> 00:45:47,510 Trial date for the first week of April. 706 00:45:47,850 --> 00:45:50,350 I'll see both of you here next week on the motion to dismiss. 707 00:45:52,010 --> 00:45:53,010 That's all. 708 00:45:57,850 --> 00:46:00,490 Well, we're back in the running, Earl. Thank you, Michael. 709 00:46:00,790 --> 00:46:01,890 I've got to see some people. 710 00:46:05,509 --> 00:46:06,830 Obviously, we're very disappointed. 711 00:46:07,350 --> 00:46:11,730 It's a very sad day when a murderous conviction is overturned on a 712 00:46:11,970 --> 00:46:16,350 But I assure the people, this office is dedicated to keeping Earl Williams in 713 00:46:16,350 --> 00:46:17,350 prison. 714 00:46:17,550 --> 00:46:20,970 It's a sadder day when district attorneys disregard the laws they were 715 00:46:20,970 --> 00:46:21,788 to uphold. 716 00:46:21,790 --> 00:46:24,430 If there's any public disgust here, it should be directed at Margaret Flanagan. 717 00:46:24,590 --> 00:46:27,870 You want to try this in the media, Margaret? So what? 718 00:46:28,150 --> 00:46:30,990 I can play the same game as you. 719 00:46:31,710 --> 00:46:34,850 Mr. Cusack, will you defend strategy? I have no further comment. I'll see you in 720 00:46:34,850 --> 00:46:35,569 Fort Margaret. 721 00:46:35,570 --> 00:46:36,890 Mr. Cusack, one more question. No further comment. 722 00:46:37,650 --> 00:46:38,650 Mr. 723 00:46:39,530 --> 00:46:41,810 Cusack, I'm Johnny Kale. We spoke on the phone. 724 00:46:42,110 --> 00:46:44,150 Right. Thanks for meeting me here. 725 00:46:45,730 --> 00:46:49,750 Ronald Sewell, street name Pinto. Last seen around Olympic Grand, but he could 726 00:46:49,750 --> 00:46:50,750 be anywhere. 727 00:46:50,890 --> 00:46:53,630 I want you to find out where he lives and search it. All right. 728 00:46:54,370 --> 00:46:56,330 Most of all, I want him. 729 00:46:56,630 --> 00:47:00,730 When you find him, I want you to set up a meeting. 730 00:47:02,000 --> 00:47:04,760 Are you asking us to hold him against his will, sir? 731 00:47:06,620 --> 00:47:07,620 Absolutely not. 732 00:47:09,800 --> 00:47:11,200 Get him for you, counselor. 733 00:47:11,800 --> 00:47:12,800 Good. 61672

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