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In the criminal justice system
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00:00:02,800 --> 00:00:06,760
the people are represented
by two separate
yet equally important groups,
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00:00:06,840 --> 00:00:08,670
the police
who investigate crime
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00:00:08,740 --> 00:00:11,500
and the district attorneys
who prosecute the offenders.
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These are their stories.
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Suspect's inside
the apartment.
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Neighbors confirmed.
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Cedric Stuber,
lives with his mother,
third floor.
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00:00:22,080 --> 00:00:24,020
This is the gentleman
that called in the tip.
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I recognized the guy
from the police sketch.
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I followed him here,
called 911.
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He's the killer.
All right, stay here.
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What is it?
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We just have
a few questions
to ask you, ma'am.
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Quit yelling in the hallway.
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Mrs. Stuber?
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Yeah.
What do you want?
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We'd like to speak
to your son, Cedric.
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He didn't do nothing.
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Hey!
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Hands up!
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Let him go!
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My baby! My baby!
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Hey!
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Get her
out of here!
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Come on,
let's go!
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That's him,
that's the gay basher.
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Why'd you kill him?
Do you hate gays?
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I'm bleeding.
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We'll take care of you
down at the station.
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Or you can ask one
of these gentlemen
for a Band-Aid.
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Murderer!
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Hater!
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00:02:21,540 --> 00:02:23,370
Where were you last
Tuesday night?
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Home with my mom.
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What did the
two of you do?
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I don't know,
watch TV.
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Which channel?
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I don't know. Surfing.
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You remember this guy?
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00:02:33,650 --> 00:02:35,340
That, I got nothing
to do with that.
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So, you do know
what this is about?
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Yeah, I watch the news.
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That guy you killed,
his partner got a real
good look at you.
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How'd it go down?
The victim say something?
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Things got out of hand?
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I didn't kill
no gay dude.
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It's beneath you, huh?
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Straight guys never
have a problem with
two girls together.
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It's kind of hot.
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00:02:58,910 --> 00:03:00,030
But two guys...
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It's the ass thing, right?
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00:03:07,350 --> 00:03:11,010
Does that skeeve you,
Cedric? Hmm?
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Imagining what two guys
do together?
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The ins, the outs,
what goes where?
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Doesn't bother me.
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Okay, maybe he likes it.
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Is that it?
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Maybe that's why
you were downtown,
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looking for a little taste.
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00:03:28,370 --> 00:03:30,800
Something on the down-low?
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Hmm?
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You like a nice ass
on a man, Cedric?
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Just shut up! You shut up!
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I ain't no fag!
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Stuber's our guy.
Access to the weapon,
shaky alibi, the hoodie.
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CSU just couldn't find
physical evidence.
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00:03:47,160 --> 00:03:49,780
So the case hangs
on the ID.
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00:03:49,860 --> 00:03:52,120
Mr. Sorrentino,
how are you doing?
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00:03:52,190 --> 00:03:55,360
Every time I come down here
it's like reliving
that night,
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so I hope we're not
wasting our time.
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You're not wasting
your time today.
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Take a few
extra minutes, if you need.
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No, I recognize him.
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Number three.
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You sure?
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00:04:11,510 --> 00:04:14,950
I'm positive.
That's the man
who killed Alan.
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I'll never forget that face.
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00:04:18,920 --> 00:04:20,650
Charge Mr. Stuber
with murder.
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00:04:20,720 --> 00:04:21,880
Thank you,
Mr. Sorrentino.
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I'll walk you out.
I'll be gone for a few hours.
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You charging him
on one ID?
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The gay community must
have the D.A.'s office
by the balls.
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See you in court,
Mr. Gilman.
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Thanks. I know you're doing
everything you can.
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The accelerator
machine's down.
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They got a technician
working on it.
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How long?
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She couldn't tell me.
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All these people ahead of me.
I can't take
this kind of time.
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You can and you will, baby.
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Let me get you
some new magazines.
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Okay.
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That your husband?
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Boyfriend.
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He's nice.
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Yeah.
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You're lucky to have
somebody wait with you.
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Well, I haven't
seen you before.
It's your first time?
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Yeah. Radiation newbie,
that's me.
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00:05:33,760 --> 00:05:37,960
My oncologist says that
radiation is the last chance.
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That if this doesn't work,
then they can't operate.
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That's what they say.
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Like, the treatment
burns you up inside,
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melts everything
together.
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Radiation is strong
because it has to be.
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That's why it works.
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So you keep thinking
about that,
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00:06:07,500 --> 00:06:10,690
the X-rays
destroying the cancer.
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Okay.
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Okay.
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You're a tough girl.
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Thanks.
I can tell.
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My husband has been attacked.
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There's blood everywhere.
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It was a white kid
in a yellow sweatshirt.
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He had some kind of razor.
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Help us!
Alan is bleeding to death!
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That's you on the tape?
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Yes.
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Please tell us what
happened to you and
Alan Camden that night.
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We were walking home
from a party.
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We were holding hands.
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A man on the street saw us,
and he spit.
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And he said, "What are
you looking at, fags?"
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Do you see that man
in the courtroom?
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00:07:07,560 --> 00:07:08,890
Yes.
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The defendant.
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Then what happened?
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Alan yelled back.
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He always had
a short fuse.
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The man pulled out
a box cutter
and attacked Alan,
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blood spurting everywhere.
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I tried to get
in between them.
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But he had sliced
Alan's neck.
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Alan fell, bleeding.
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And what did
Mr. Stuber do then?
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He looked at me, and he said,
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"Keep your mouth shut,
faggot, or you'll be next."
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Thank you.
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I'm sorry for your loss, sir.
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What time were you
and your partner
walking home from the party?
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A little after 10:00.
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And Alan was
more than my partner.
We were married.
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00:08:02,880 --> 00:08:04,110
Of course.
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So it was dark out.
Had you been drinking?
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00:08:07,050 --> 00:08:08,450
No. I don't drink.
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00:08:08,780 --> 00:08:09,880
How about drugs?
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00:08:09,950 --> 00:08:11,350
Objection, relevance.
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00:08:11,420 --> 00:08:14,220
People's 12,
the victim's tox report.
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00:08:14,790 --> 00:08:19,250
Alan Camden had
methamphetamine and marijuana
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00:08:19,330 --> 00:08:20,660
in his system
when he was killed.
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I'm trying to determine
if the witness was also
under the influence.
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I'll allow it.
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I had one or two hits
off a joint.
I don't do hard drugs.
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When you picked my client
out of the lineup,
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how much time had passed
since the attack?
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Two weeks.
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Two weeks after the fact,
you were able to recall
a total stranger
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00:08:39,050 --> 00:08:41,670
whom you had seen
for a matter of seconds
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00:08:41,750 --> 00:08:44,880
on a dark night
when you were high on pot?
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Yes. I'm sure it was him.
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I'm sure you believe that.
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Nothing further.
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Cedric's a good boy.
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He works, driving a truck.
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He pays rent,
buys groceries.
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00:09:01,640 --> 00:09:05,270
Where was Cedric the night
of January 12th,
around 10:00?
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00:09:05,340 --> 00:09:07,770
Home with me, on the couch.
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We were watching TV.
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00:09:09,910 --> 00:09:14,110
Have you ever known your son
to make any anti-homosexual
remarks, Mrs. Stuber?
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00:09:14,180 --> 00:09:17,670
Absolutely not.
He wasn't raised that way.
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Nothing further.
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00:09:21,690 --> 00:09:25,280
What television program were
you watching that night,
Mrs. Stuber?
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00:09:25,360 --> 00:09:28,420
A reality show.
Project Designer.
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00:09:29,460 --> 00:09:32,990
You and Cedric were watching
this program together?
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00:09:33,070 --> 00:09:34,500
That's right.
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00:09:34,570 --> 00:09:37,270
Well, let me ask you
something, Mrs. Stuber.
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00:09:37,340 --> 00:09:40,770
Do you consider yourself
a good role model
for your son?
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00:09:41,410 --> 00:09:43,210
Yes, I do.
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Cedric listens to you,
he shares your ethics
and your morals?
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00:09:48,220 --> 00:09:50,680
Yes. I taught him well.
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00:09:51,690 --> 00:09:54,750
Project Designer.
What kind of show is that?
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00:09:54,820 --> 00:09:57,950
It's a contest,
about fashion design.
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00:09:58,460 --> 00:10:02,090
I watch it because I like
to make my own dresses.
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00:10:02,160 --> 00:10:04,860
A lot of the contestants
are gay, aren't they?
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00:10:05,270 --> 00:10:06,290
I suppose so.
188
00:10:06,370 --> 00:10:10,030
So your son likes watching
gay fashion designers,
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on the couch,
with his mom.
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00:10:13,310 --> 00:10:16,040
Some people might consider
that a little girly.
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00:10:16,110 --> 00:10:18,510
He only watches it
because I like it.
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00:10:18,580 --> 00:10:21,880
Well, have you ever
considered the possibility
that he likes it?
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00:10:21,950 --> 00:10:22,940
No.
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00:10:23,020 --> 00:10:24,710
That he enjoys watching
gay men?
195
00:10:24,790 --> 00:10:25,770
That's not true.
196
00:10:25,850 --> 00:10:29,020
He enjoys watching them
and fantasizing about them.
197
00:10:29,090 --> 00:10:31,520
He's not one of them.
He's not a sissy.
198
00:10:31,590 --> 00:10:33,690
My boy's not gay.
How dare you?
199
00:10:33,760 --> 00:10:35,160
That's disgusting.
200
00:10:37,770 --> 00:10:42,100
Like you said, Mrs. Stuber,
you taught your son well.
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00:10:43,740 --> 00:10:45,100
Nothing further.
202
00:10:50,980 --> 00:10:54,510
On the count of
Murder in the Second Degree,
how do you find?
203
00:10:54,580 --> 00:10:56,480
We find the defendant guilty.
204
00:10:58,890 --> 00:11:01,290
The defendant is remanded
for sentencing.
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00:11:04,760 --> 00:11:07,660
Thank you, Mr. Cutter,
for Alan.
206
00:11:07,730 --> 00:11:10,790
I can't help thinking
maybe somehow
he's more at peace now.
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00:11:11,870 --> 00:11:13,330
We both are.
208
00:11:17,940 --> 00:11:20,170
Request for interviews
from Out magazine,
209
00:11:20,240 --> 00:11:22,040
The Advocate,
210
00:11:22,110 --> 00:11:23,300
and I've been invited
to speak
211
00:11:23,380 --> 00:11:25,500
at the next LAGLA
convention.
212
00:11:25,780 --> 00:11:27,370
I hear they have
the best parties.
213
00:11:27,450 --> 00:11:29,710
Hold up on the
self-congratulations.
214
00:11:30,280 --> 00:11:32,580
The Hudson University
Innocence Coalition
215
00:11:32,650 --> 00:11:35,350
is taking on
Cedric Stuber's defense.
216
00:11:35,490 --> 00:11:37,820
They've just filed a motion
to set aside the verdict.
217
00:11:37,890 --> 00:11:40,050
Within hours of
Stuber's conviction?
218
00:11:40,130 --> 00:11:43,760
Apparently they found
new evidence they're
claiming we overlooked
219
00:11:43,830 --> 00:11:46,060
in our overzealous
rush to judgment.
220
00:11:46,670 --> 00:11:48,330
And guess who signed
the motion.
221
00:11:51,470 --> 00:11:52,730
Emily Ryan.
222
00:11:52,810 --> 00:11:54,800
The head of
the Innocence Coalition.
223
00:11:55,010 --> 00:11:57,640
My old law professor
224
00:11:57,710 --> 00:11:59,410
and mentor.
225
00:11:59,580 --> 00:12:01,610
Guess she's not done
schooling you.
226
00:12:07,520 --> 00:12:13,150
After the verdict, a concerned
citizen called Mr. Stuber's
attorney with new evidence.
227
00:12:13,230 --> 00:12:15,420
The attorney contacted us
to help file an appeal.
228
00:12:15,530 --> 00:12:17,330
And we felt compelled
to act immediately.
229
00:12:17,400 --> 00:12:20,660
This citizen claimed
what, exactly?
230
00:12:20,740 --> 00:12:23,470
Come on, Mike.
I made you earn
every grade.
231
00:12:23,540 --> 00:12:27,500
I won't give you
a preview of our case
so you can eviscerate it.
232
00:12:27,840 --> 00:12:29,370
We'll need the name
of that witness.
233
00:12:29,440 --> 00:12:31,310
Of course. Lisa?
234
00:12:31,850 --> 00:12:35,110
Sylvia Corgan. I'll get you
her contact information.
235
00:12:36,980 --> 00:12:39,210
Well, thank you
for your time,
Professor Ryan.
236
00:12:39,690 --> 00:12:41,380
Emily, please.
237
00:12:41,920 --> 00:12:44,360
And don't take this
as a personal attack.
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00:12:44,430 --> 00:12:46,990
I know that we're both
only interested in justice.
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00:12:52,770 --> 00:12:56,830
I had information about
Jon Sorrentino,
the victim's husband.
240
00:12:57,240 --> 00:12:58,970
I thought
someone should know.
241
00:12:59,040 --> 00:13:00,400
He has another boyfriend.
242
00:13:00,470 --> 00:13:01,840
How do you know that?
243
00:13:01,910 --> 00:13:04,970
I had a house on the market
in the Pines, Fire Island.
244
00:13:05,050 --> 00:13:07,240
My buyer, Ted Wilson,
said before he made
a final decision
245
00:13:07,310 --> 00:13:09,910
he wanted his associate
to come by and see the place.
246
00:13:09,980 --> 00:13:12,610
So, a month ago
he brings over
his so-called associate.
247
00:13:13,020 --> 00:13:14,540
It was Jon Sorrentino.
248
00:13:14,620 --> 00:13:16,020
"So-called"?
249
00:13:16,790 --> 00:13:18,920
They were kissing,
when they thought
I wasn't looking.
250
00:13:19,060 --> 00:13:20,860
I didn't think anything
of it at the time.
251
00:13:20,930 --> 00:13:22,260
When did you think
something of it?
252
00:13:22,330 --> 00:13:24,160
When I saw the paper here
with his picture in it,
253
00:13:24,230 --> 00:13:26,100
I realized I'd seen
him before.
254
00:13:26,170 --> 00:13:30,040
His husband gets brutally
murdered, then two days later
he's kissing another man?
255
00:13:30,100 --> 00:13:31,090
Please.
256
00:13:32,170 --> 00:13:33,660
The real estate agent's
a busybody.
257
00:13:33,740 --> 00:13:36,340
But you did buy a house
with Jon Sorrentino?
258
00:13:36,410 --> 00:13:38,110
As a rental property.
He's a client.
259
00:13:38,180 --> 00:13:41,080
I did a design consultation
for him on his
Adirondacks house a year ago,
260
00:13:41,150 --> 00:13:43,310
the house he owned
with Alan.
261
00:13:43,380 --> 00:13:45,320
So you and Jon
aren't involved.
262
00:13:45,390 --> 00:13:46,580
Only as business partners.
263
00:13:46,650 --> 00:13:49,520
Then why did
the real estate agent
tell us you were kissing him?
264
00:13:51,560 --> 00:13:55,120
I was consoling a friend
who had suffered
an unimaginable loss.
265
00:13:55,200 --> 00:13:57,760
Two gay men can be
affectionate without
it being sexual.
266
00:13:57,830 --> 00:13:58,960
Just like you two.
267
00:13:59,030 --> 00:14:01,330
Don't play cute with us,
Mr. Wilson.
268
00:14:01,440 --> 00:14:02,660
When the police
look into this,
269
00:14:02,740 --> 00:14:04,070
what else are they going
to find out about
270
00:14:04,140 --> 00:14:06,660
your relationship
with Mr. Sorrentino?
271
00:14:07,880 --> 00:14:08,860
Okay.
272
00:14:09,240 --> 00:14:10,710
We weren't together then.
273
00:14:12,250 --> 00:14:14,080
But things developed.
We're a couple now.
274
00:14:14,220 --> 00:14:15,410
Then why the charade?
275
00:14:15,480 --> 00:14:17,070
Jon knew how it would look.
276
00:14:17,480 --> 00:14:19,820
We thought it was better
to keep it quiet.
277
00:14:20,590 --> 00:14:24,580
Jon Sorrentino is listed
as co-owner of the
Fire Island Pines house.
278
00:14:24,660 --> 00:14:26,630
Went into contract
three days after the murder.
279
00:14:26,690 --> 00:14:30,290
Well, it could be legit.
Ted Wilson says they
didn't start a relationship
280
00:14:30,360 --> 00:14:31,920
until after Alan died.
281
00:14:32,000 --> 00:14:33,520
Which Sorrentino
didn't mention.
282
00:14:33,630 --> 00:14:35,970
A one-witness case,
we need to make sure
this witness
283
00:14:36,040 --> 00:14:37,030
didn't have his own motive.
284
00:14:37,100 --> 00:14:38,500
It doesn't change the fact
285
00:14:38,570 --> 00:14:41,060
that Sorrentino picked Stuber
out of the lineup.
286
00:14:41,140 --> 00:14:43,580
Somebody took a picture of
Stuber when we arrested him
287
00:14:43,640 --> 00:14:46,550
and posted it that day
on a gay-rights blog.
288
00:14:49,450 --> 00:14:51,540
Sorrentino could've seen it
before he came in
for the lineup.
289
00:14:51,620 --> 00:14:55,210
Let's subpoena the blog
and find out if Sorrentino
visited the website.
290
00:14:55,290 --> 00:14:59,660
We should also find out if he
was involved with Ted Wilson
before Alan's murder.
291
00:14:59,790 --> 00:15:03,920
According to his phone
records, he called Ted
a few times.
292
00:15:04,000 --> 00:15:06,160
And then there's this,
293
00:15:06,230 --> 00:15:10,930
a series of calls,
two months ago, to
Holt, Levy and Trachtenberg.
294
00:15:11,010 --> 00:15:12,630
Divorce lawyers.
295
00:15:15,280 --> 00:15:17,210
Alan and I had a bad week.
296
00:15:17,280 --> 00:15:19,540
We were fighting,
he was using drugs.
297
00:15:19,610 --> 00:15:21,140
So you wanted
to get a divorce?
298
00:15:21,220 --> 00:15:23,270
I wanted to know my options.
299
00:15:24,450 --> 00:15:26,940
We were married in
Massachusetts, where
gay marriage is legal.
300
00:15:27,020 --> 00:15:29,350
But we live in New York,
where it's not.
301
00:15:29,420 --> 00:15:31,050
So we couldn't
get divorced here.
302
00:15:31,330 --> 00:15:33,450
Ah, so you were stuck
in the marriage.
303
00:15:33,530 --> 00:15:35,220
Till death do you part.
304
00:15:35,660 --> 00:15:37,960
What? No.
305
00:15:38,570 --> 00:15:40,830
I just didn't want
to be married anymore.
306
00:15:41,000 --> 00:15:44,840
Was this before or after
you got involved
with Ted Wilson?
307
00:15:48,980 --> 00:15:50,600
Okay.
308
00:15:51,610 --> 00:15:53,840
I should have told you
about that.
309
00:15:54,650 --> 00:15:57,710
We were trying to be
discreet, because I thought
it would look bad.
310
00:15:57,890 --> 00:15:59,350
Guess what? It looks bad.
311
00:15:59,420 --> 00:16:02,250
You want to get rid of your
husband, a few weeks later
he winds up dead.
312
00:16:02,560 --> 00:16:04,490
Alan was killed
by Cedric Stuber.
313
00:16:04,560 --> 00:16:06,250
He was yelling gay epithets.
314
00:16:06,330 --> 00:16:08,120
This was a hate crime.
315
00:16:08,200 --> 00:16:11,320
Okay. Anything else
you wanted to be
discreet about?
316
00:16:11,400 --> 00:16:12,830
Nothing.
317
00:16:12,900 --> 00:16:14,200
I wanted out of the marriage,
318
00:16:14,270 --> 00:16:16,570
but I did not
kill my husband.
319
00:16:17,940 --> 00:16:21,470
Either Jon was telling
the truth and his husband
was gay-bashed to death...
320
00:16:21,540 --> 00:16:22,530
Or he's lying.
321
00:16:22,610 --> 00:16:26,910
Right. He found someone
to kill his husband and
pass it off as gay bashing.
322
00:16:26,980 --> 00:16:29,950
That doesn't explain his
ID'ing Stuber at the lineup.
323
00:16:30,020 --> 00:16:32,140
Or he did see Stuber's photo
on the blog.
324
00:16:32,220 --> 00:16:35,710
Not to mention, you told him
he wouldn't be wasting
his time at the lineup.
325
00:16:36,160 --> 00:16:38,280
I doubt that had
any influence.
326
00:16:38,360 --> 00:16:40,920
You hope it didn't.
That was a dumb thing to say.
327
00:16:41,200 --> 00:16:43,320
And Emily Ryan's going
to jump all over it.
328
00:16:43,400 --> 00:16:45,630
Make sure you prosecuted
the right man.
329
00:16:45,700 --> 00:16:50,160
Okay, is there any evidence
Sorrentino visited the blog
before the lineup?
330
00:16:50,270 --> 00:16:52,240
Well, there's a hit
from an IP address
331
00:16:52,310 --> 00:16:54,640
that we traced back
to a hedge fund
where he works.
332
00:16:54,710 --> 00:16:57,200
That doesn't mean anything.
There's 30 people
in that office.
333
00:16:57,280 --> 00:17:00,510
Mike, the Innocence
Coalition's going to make it
mean something.
334
00:17:05,220 --> 00:17:07,710
Mr. Sorrentino's
credibility is undermined
335
00:17:07,790 --> 00:17:10,050
by his silence about
his marital troubles,
336
00:17:10,120 --> 00:17:13,030
and his ID of Mr. Stuber
was tainted
337
00:17:13,090 --> 00:17:14,690
when Mr. Cutter stated
338
00:17:14,760 --> 00:17:18,100
that he wouldn't be
wasting his time
viewing this lineup.
339
00:17:18,170 --> 00:17:21,690
I in no way indicated which
person he should identify.
340
00:17:21,770 --> 00:17:25,170
If his witness saw a photo
of my client on a blog,
341
00:17:25,240 --> 00:17:26,730
well, he would already know
who to ID.
342
00:17:26,810 --> 00:17:29,870
The only hard evidence
Professor Ryan has presented
343
00:17:29,940 --> 00:17:32,740
is that Jon Sorrentino's
marriage was in trouble.
344
00:17:32,810 --> 00:17:35,780
It doesn't prove he made
a false identification,
345
00:17:35,850 --> 00:17:38,550
nor does it exculpate
Mr. Stuber.
346
00:17:38,620 --> 00:17:39,920
That is true, Ms. Ryan.
347
00:17:39,990 --> 00:17:43,050
We have an additional
witness that is prepared
to give testimony.
348
00:17:45,230 --> 00:17:47,660
My name is Rodrigo Diaz.
349
00:17:47,860 --> 00:17:49,730
I know
Jon Sorrentino pretty well.
350
00:17:49,800 --> 00:17:51,890
I knew his boyfriend,
Alan, too.
351
00:17:51,970 --> 00:17:53,760
How is that, Mr. Diaz?
352
00:17:54,700 --> 00:17:58,190
I'm their drug dealer,
or I used to be.
353
00:17:58,940 --> 00:18:01,840
When was
the last time that you
saw Mr. Sorrentino?
354
00:18:01,910 --> 00:18:03,770
He asked to meet me
two months ago.
355
00:18:03,840 --> 00:18:06,900
He said he was tired
of being married, but
he couldn't get a divorce.
356
00:18:06,980 --> 00:18:09,380
So he asked me
if I knew anybody
357
00:18:09,450 --> 00:18:11,680
that could get rid
of his problem.
358
00:18:11,750 --> 00:18:12,740
Like a hit man.
359
00:18:12,820 --> 00:18:14,910
Did he say why
he was asking you?
360
00:18:14,990 --> 00:18:17,980
He said he wanted
his husband, Alan, dead.
361
00:18:18,690 --> 00:18:20,250
I told him he was crazy.
362
00:18:21,200 --> 00:18:22,390
Thank you.
363
00:18:25,200 --> 00:18:29,070
Mr. Diaz, if you knew
Jon Sorrentino was
soliciting a hit man,
364
00:18:29,140 --> 00:18:32,500
why didn't you go
to the police after
his husband was killed?
365
00:18:32,570 --> 00:18:35,440
I tried.
I called the precinct
on 18th Street.
366
00:18:35,510 --> 00:18:36,500
You tried?
367
00:18:36,580 --> 00:18:39,050
Yeah, and they
put me on hold.
368
00:18:39,110 --> 00:18:41,080
So I got frustrated
and I hung up.
369
00:18:41,550 --> 00:18:43,240
So why come forward now?
370
00:18:43,320 --> 00:18:44,480
Because it's the
right thing to do.
371
00:18:44,590 --> 00:18:47,490
Oh, and it wasn't
the right thing to do
a month ago,
372
00:18:47,550 --> 00:18:50,220
when Mr. Stuber was
on trial for murder?
373
00:18:50,290 --> 00:18:52,090
I didn't know about no trial.
374
00:18:52,730 --> 00:18:55,390
Now, this student from
the Innocence Clinic,
375
00:18:55,460 --> 00:18:57,450
Lisa Klein, she found me.
376
00:18:57,530 --> 00:18:59,970
She heard I was Jon
and Alan's dealer,
377
00:19:00,030 --> 00:19:02,760
and she asked if I knew about
any problems between them.
378
00:19:02,840 --> 00:19:04,430
I said maybe I did,
379
00:19:04,510 --> 00:19:06,630
and she convinced me
to tell my story.
380
00:19:06,740 --> 00:19:11,580
As far as you know,
did Mr. Sorrentino hire
a hit man?
381
00:19:13,010 --> 00:19:15,410
No, I don't know that.
382
00:19:16,580 --> 00:19:20,490
Their witness is a drug dealer
whose claims
can't be verified.
383
00:19:20,550 --> 00:19:23,580
I ask that the court respect
the jury's decision.
384
00:19:23,660 --> 00:19:26,680
The jury made their decision
with only half the facts.
385
00:19:27,060 --> 00:19:29,550
And Mr. Stuber was denied
the opportunity
386
00:19:29,630 --> 00:19:31,760
to present an alternative
theory of the crime.
387
00:19:31,830 --> 00:19:34,560
I agree.
In light of this new witness
388
00:19:34,640 --> 00:19:38,870
and Mr. Cutter's apparent
attempt to influence
the lineup identification,
389
00:19:38,940 --> 00:19:40,930
I'm granting
defense counsel's motion.
390
00:19:41,010 --> 00:19:42,770
The guilty verdict
is set aside.
391
00:19:42,840 --> 00:19:43,830
I'm ordering a new trial.
392
00:19:47,280 --> 00:19:50,810
I don't know whether to be
outraged or humiliated.
Or both.
393
00:19:52,450 --> 00:19:54,680
Oh, nothing personal, Mike.
394
00:19:55,190 --> 00:19:57,710
Now let's see if you really
did learn something from me.
395
00:19:59,660 --> 00:20:02,490
Nothing personal?
That was personal.
396
00:20:06,600 --> 00:20:10,830
This surprise witness,
this dope dealer,
really hurt us.
397
00:20:10,900 --> 00:20:12,770
If he's lying,
we need to prove it.
398
00:20:12,840 --> 00:20:14,530
Is this about salvaging
your case
399
00:20:14,610 --> 00:20:17,510
or finding out
if Sorrentino really had
his husband killed?
400
00:20:17,580 --> 00:20:21,010
I don't give a damn about
anything except putting
the right people in jail.
401
00:20:21,080 --> 00:20:23,640
Good. I'll get my guys
back on it.
402
00:20:25,790 --> 00:20:28,550
Bad enough being
second-guessed by Emily Ryan.
403
00:20:29,160 --> 00:20:31,150
It's a hell of a lot worse
if she's right.
404
00:20:31,630 --> 00:20:33,590
It seemed like
a straight-up gay bashing.
405
00:20:33,660 --> 00:20:36,090
Now I don't know.
406
00:20:38,100 --> 00:20:41,500
Forget that Emily Ryan
was your mentor, Mike.
407
00:20:41,570 --> 00:20:43,830
She's just another
defense lawyer.
408
00:20:43,900 --> 00:20:47,360
A defense lawyer who just won
a retrial for a killer.
409
00:20:47,840 --> 00:20:49,100
That too.
410
00:20:51,080 --> 00:20:53,810
You're telling me
this murderer might
walk away scot-free?
411
00:20:53,910 --> 00:20:55,880
Let's take it
a step at a time.
412
00:20:55,950 --> 00:20:57,850
Was Rodrigo Diaz
your drug dealer?
413
00:20:58,590 --> 00:20:59,680
He used to be.
414
00:20:59,750 --> 00:21:02,550
Did you ever have
a conversation with him
about your marital problems?
415
00:21:02,860 --> 00:21:06,090
Well, I definitely
told him Alan and I
weren't getting along.
416
00:21:06,260 --> 00:21:07,920
Meaning, "Could you
get rid of him for me?"
417
00:21:08,000 --> 00:21:11,450
Oh, my God!
You think I hired him
to kill Alan?
418
00:21:11,530 --> 00:21:15,260
Rodrigo swore under oath
that you asked for
an introduction to a hit man.
419
00:21:15,370 --> 00:21:16,700
That's a lie!
420
00:21:18,740 --> 00:21:19,870
Do I need a lawyer?
421
00:21:19,940 --> 00:21:22,340
If I had something to hide,
I'd make a phone call.
422
00:21:25,950 --> 00:21:27,470
What else do you want
to know?
423
00:21:27,810 --> 00:21:29,610
Why would Rodrigo say that?
424
00:21:30,150 --> 00:21:31,880
He have any kind of grudge
against you?
425
00:21:32,390 --> 00:21:35,360
Alan had a really bad
meth habit.
426
00:21:35,420 --> 00:21:37,820
It was one of the reasons
things weren't working out
between us.
427
00:21:37,890 --> 00:21:39,950
It got to the point
where I told Rodrigo
428
00:21:40,030 --> 00:21:42,890
if he kept dealing to Alan,
I was going to the police.
429
00:21:43,060 --> 00:21:44,550
No doubt that would
piss him off.
430
00:21:44,630 --> 00:21:48,360
So why isn't he down here
answering these questions?
431
00:21:51,070 --> 00:21:53,060
You can help us out with that.
432
00:22:04,750 --> 00:22:05,740
Winston?
433
00:22:05,820 --> 00:22:06,950
Yeah.
434
00:22:09,760 --> 00:22:10,780
Cold out there, huh?
435
00:22:10,860 --> 00:22:12,380
You a cop, man?
436
00:22:13,060 --> 00:22:14,050
Are you?
437
00:22:15,300 --> 00:22:17,060
You look straight.
438
00:22:17,260 --> 00:22:19,320
I didn't know these
Chelsea boys had
any straight friends.
439
00:22:19,400 --> 00:22:21,730
What can I tell you?
They said you can get molly.
440
00:22:22,440 --> 00:22:23,730
Can you do 20 or not?
441
00:22:23,800 --> 00:22:25,240
That's 25 apiece.
442
00:22:25,640 --> 00:22:27,940
If you went to school
on the short bus,
it's 500.
443
00:22:28,010 --> 00:22:29,870
I need 250 up front.
444
00:22:32,510 --> 00:22:35,000
There's a $50 service
charge, too.
445
00:22:36,180 --> 00:22:37,170
Hey.
446
00:22:38,020 --> 00:22:39,180
Let's take a walk.
447
00:22:39,290 --> 00:22:40,340
Aw!
448
00:22:40,950 --> 00:22:44,080
You think I'm stupid
enough to carry
my own stash, man?
449
00:22:44,160 --> 00:22:46,650
You were
stupid enough to lie
on the witness stand.
450
00:22:47,030 --> 00:22:48,890
Is that what this is about?
451
00:22:49,160 --> 00:22:51,650
Everything I said in court is
the God's honest truth, man.
452
00:22:51,830 --> 00:22:53,230
Except you forgot
to mention
453
00:22:53,300 --> 00:22:55,130
that Jon said he was
going to dime you out
454
00:22:55,200 --> 00:22:57,070
if you didn't stop
dealing to his partner.
455
00:22:57,140 --> 00:22:59,070
Nobody asked me
about that, man.
456
00:22:59,140 --> 00:23:01,130
Tequila Chito's in Brooklyn.
457
00:23:01,410 --> 00:23:03,040
Lisa at the
Innocence Coalition.
458
00:23:03,110 --> 00:23:05,010
So you were with her
at this tequila bar?
459
00:23:05,080 --> 00:23:06,070
So?
460
00:23:06,180 --> 00:23:08,240
Is that how they
convinced you to testify?
461
00:23:08,650 --> 00:23:10,840
They bought you
a couple shots
of Patron Anejo?
462
00:23:11,990 --> 00:23:13,610
I got nothing else
to say, man.
463
00:23:14,050 --> 00:23:15,650
All right, then get in.
464
00:23:18,830 --> 00:23:21,420
Yeah, that's Rodrigo.
He a regular here?
465
00:23:21,730 --> 00:23:23,700
He comes by
when he's flush.
466
00:23:23,760 --> 00:23:25,200
Did he ever come by
with a woman,
467
00:23:25,300 --> 00:23:26,790
brown hair, early 20s?
468
00:23:26,870 --> 00:23:28,930
Yeah, a few weeks ago.
They had a pitcher
of margaritas.
469
00:23:29,000 --> 00:23:31,300
This is a busy place.
How come you remember
what they ordered?
470
00:23:32,340 --> 00:23:34,970
About 20 minutes
after they were here,
they got in an argument.
471
00:23:35,380 --> 00:23:36,770
Rodrigo started to walk out,
472
00:23:36,840 --> 00:23:38,330
and she came up to me
with a credit card,
473
00:23:38,410 --> 00:23:39,880
asked for $100 cash back.
474
00:23:40,450 --> 00:23:41,570
What'd she do
with the money?
475
00:23:42,020 --> 00:23:44,750
She gave it to him.
They sat down
and talked some more.
476
00:23:45,050 --> 00:23:46,310
Did they leave together?
477
00:23:46,390 --> 00:23:50,220
No. About an hour later,
she asked me for the number
of a car service.
478
00:23:51,020 --> 00:23:53,050
Rodrigo came out here
by himself to wait for it.
479
00:23:54,090 --> 00:23:56,260
We ran down the car service,
and the driver told us
480
00:23:56,330 --> 00:23:58,800
that Rodrigo paid him 20 bucks
to drive him
481
00:23:58,870 --> 00:24:02,600
to an address
in Prospect Heights,
a known drug location.
482
00:24:02,940 --> 00:24:04,430
So Professor Ryan's student
483
00:24:04,500 --> 00:24:07,800
greased the wheels of justice
with some drug money.
484
00:24:07,940 --> 00:24:10,410
Are you suggesting they bought
his testimony for 80 bucks?
485
00:24:10,480 --> 00:24:11,940
And a pitcher of margaritas.
486
00:24:12,050 --> 00:24:14,950
If you throw in retaliation
for Jon's threat to
call the cops on him,
487
00:24:15,020 --> 00:24:17,540
I'd rate Rodrigo's
credibility at zero.
488
00:24:20,790 --> 00:24:22,520
Rodrigo was reluctant
to get involved.
489
00:24:22,590 --> 00:24:23,720
He wouldn't come in
to the clinic.
490
00:24:23,860 --> 00:24:26,050
So you
invited him to a bar?
491
00:24:26,230 --> 00:24:27,850
I've been at the clinic
two semesters.
492
00:24:27,930 --> 00:24:29,790
I've had to meet
witnesses in prisons,
493
00:24:29,860 --> 00:24:31,690
in tenement hallways
where junkies are
shooting dope...
494
00:24:31,770 --> 00:24:33,860
Did you ply them all
with cocktails?
495
00:24:34,370 --> 00:24:35,730
Rodrigo ordered
the drinks.
496
00:24:35,800 --> 00:24:38,270
And throw them a little
drug money on the side?
497
00:24:38,740 --> 00:24:40,070
It was car fare.
498
00:24:40,840 --> 00:24:43,570
Professor Ryan always
said you were on the ball,
Mr. Cutter.
499
00:24:43,640 --> 00:24:46,910
Frankly, I'm a bit
disappointed you'd mistake
cab money for a bribe.
500
00:24:47,980 --> 00:24:50,640
Did Rodrigo ever mention
he was pissed off
at Jon Sorrentino
501
00:24:50,720 --> 00:24:52,550
for threatening
to turn him over
to the police?
502
00:24:52,620 --> 00:24:54,710
I don't have to download
my interview for you.
503
00:24:54,790 --> 00:24:56,920
But now you
have all the facts.
504
00:24:56,990 --> 00:24:59,650
You must have doubts
about his credibility.
505
00:24:59,960 --> 00:25:02,620
Jon Sorrentino is
the one who lied here.
506
00:25:02,700 --> 00:25:06,220
He hired somebody to
kill his partner and make it
look like a gay bashing.
507
00:25:06,300 --> 00:25:08,670
You're grasping at straws
instead of admitting
you were wrong.
508
00:25:09,240 --> 00:25:11,730
I think the grasping's
just begun.
509
00:25:12,070 --> 00:25:13,230
Thank you.
510
00:25:16,240 --> 00:25:18,070
What the hell's
going on now?
511
00:25:18,180 --> 00:25:19,670
I got a call
from Emily Ryan.
512
00:25:19,750 --> 00:25:21,870
You subpoenaed
her students'
academic records?
513
00:25:21,980 --> 00:25:24,180
One of her students
paid off a witness,
514
00:25:24,280 --> 00:25:25,910
the witness
who blew up our case.
515
00:25:25,990 --> 00:25:27,650
Your subpoena covered
every student
516
00:25:27,720 --> 00:25:29,950
who's worked at her clinic
for the past 10 years,
517
00:25:30,020 --> 00:25:32,650
their grades,
their written assignments,
their email messages...
518
00:25:32,790 --> 00:25:36,280
We're entitled to know
if there's a pattern
to these improprieties.
519
00:25:36,360 --> 00:25:37,800
Leverage is one thing.
520
00:25:37,860 --> 00:25:40,830
You've declared war
on the Hudson
Innocence Coalition?
521
00:25:40,900 --> 00:25:44,500
Why protect people
who make it their mission
to undermine our work?
522
00:25:45,110 --> 00:25:48,070
I'm not arrogant enough
to believe we
never make mistakes.
523
00:25:48,140 --> 00:25:50,630
My doubts disappeared
when I found out
their witness
524
00:25:50,710 --> 00:25:53,470
was enticed to come forward
with cash and tequila.
525
00:25:53,710 --> 00:25:56,340
It's easy to wax philosophical
about Emily Ryan,
526
00:25:56,450 --> 00:25:58,380
but the egg's
on my face, Jack.
527
00:25:58,450 --> 00:26:00,580
Don't ask me to
withdraw that subpoena.
528
00:26:00,950 --> 00:26:02,220
Here you go.
529
00:26:05,730 --> 00:26:08,750
If she's intent
on making Diaz
her star witness,
530
00:26:08,930 --> 00:26:12,260
we'll find every customer
he's ever ripped off
to impeach him.
531
00:26:12,330 --> 00:26:14,160
That's easier said
than done, Mike.
532
00:26:14,230 --> 00:26:16,900
Working on a subpoena
to Doctors Without Borders?
533
00:26:17,400 --> 00:26:19,530
Oh, what can we do for you,
Professor Ryan?
534
00:26:19,610 --> 00:26:20,970
I just talked to Jack McCoy,
535
00:26:21,040 --> 00:26:24,640
and he says that
he's standing behind your
crusade against my students.
536
00:26:24,710 --> 00:26:26,300
So when can we
expect the records?
537
00:26:26,380 --> 00:26:28,040
Oh, you still have
a few more hoops
538
00:26:28,110 --> 00:26:29,410
you're going to have to
jump through.
539
00:26:29,480 --> 00:26:30,780
Well, we're fully
prepared
540
00:26:30,850 --> 00:26:32,820
for your motion to
quash our subpoena.
541
00:26:34,290 --> 00:26:37,850
Didn't I teach you
about blowback, Mike?
542
00:26:37,920 --> 00:26:41,290
Sometimes you open up a door
that you think is safe
543
00:26:41,800 --> 00:26:44,030
and an inferno
comes roaring out.
544
00:26:48,740 --> 00:26:50,930
Just remember,
this was your call.
545
00:26:57,840 --> 00:27:00,870
Am I just hearing things,
or did she just threaten you?
546
00:27:01,110 --> 00:27:03,480
It's just standard
defense lawyer shtick.
547
00:27:04,420 --> 00:27:05,650
Don't worry about it.
548
00:27:11,520 --> 00:27:14,650
The privacy of these
academic records is
protected by federal law.
549
00:27:14,730 --> 00:27:17,860
Mr. Cutter's subpoena is
an insult to Hudson University
and its students.
550
00:27:17,930 --> 00:27:20,060
These students
forfeited their
right to privacy
551
00:27:20,130 --> 00:27:22,570
when they chose
to intervene
in a criminal case.
552
00:27:22,670 --> 00:27:26,500
My clinic has freed
22 innocent men who were
doing life without parole.
553
00:27:26,610 --> 00:27:29,100
How am I going
to get students to volunteer
for this kind of work
554
00:27:29,180 --> 00:27:31,270
if they think the government
is reading their emails,
555
00:27:31,340 --> 00:27:33,110
scrutinizing
their academic records?
556
00:27:33,180 --> 00:27:35,670
The D.A.'s office has
no interest in these records
557
00:27:35,750 --> 00:27:38,180
other than to determine
if Ms. Ryan's students
558
00:27:38,250 --> 00:27:41,580
were incentivized
to manufacture new evidence.
559
00:27:41,920 --> 00:27:44,910
Now, we've already
established that a student
corrupted a witness.
560
00:27:44,990 --> 00:27:47,620
The student paid for car fare
and bought a couple of drinks.
561
00:27:47,730 --> 00:27:49,850
Drug money and booze.
562
00:27:49,960 --> 00:27:52,060
This may be the tip
of the iceberg, Your Honor.
563
00:27:52,130 --> 00:27:56,030
The prosecution has made a
clear showing of impropriety,
Professor Ryan.
564
00:27:56,500 --> 00:27:58,970
I want to know what else
is going on over there
at your clinic.
565
00:27:59,140 --> 00:28:02,010
So I'll give you
the academic records,
Mr. Cutter.
566
00:28:02,740 --> 00:28:04,770
Not the emails.
567
00:28:07,150 --> 00:28:10,240
Students who worked on
a successful exoneration
568
00:28:10,420 --> 00:28:14,850
have a grade average
six points higher
than one who didn't.
569
00:28:14,990 --> 00:28:16,920
And are your grades
in there too, Mike?
570
00:28:17,120 --> 00:28:18,680
Just because
they're being rewarded
571
00:28:18,760 --> 00:28:20,820
doesn't mean
they're cooking the books.
572
00:28:21,030 --> 00:28:24,790
Most of Ryan's exonerations
were based on irrefutable
DNA matches.
573
00:28:24,900 --> 00:28:28,460
I'm not saying that
every piece of new evidence
she's uncovered is tainted.
574
00:28:28,540 --> 00:28:31,940
But there's pressure
on these kids
to overturn convictions,
575
00:28:32,010 --> 00:28:34,030
and her tacit reward system?
576
00:28:34,110 --> 00:28:37,200
It fosters a culture
of overzealousness.
577
00:28:37,280 --> 00:28:39,940
And Emily?
She finds the way in.
578
00:28:40,780 --> 00:28:42,940
I assume you're speaking
from experience.
579
00:28:43,480 --> 00:28:44,510
Yeah.
580
00:28:45,520 --> 00:28:48,250
She knew I had nowhere
to go for the holidays.
581
00:28:49,120 --> 00:28:51,850
She used to invite me to
her house for Thanksgiving,
582
00:28:52,290 --> 00:28:53,350
with her husband.
583
00:28:53,430 --> 00:28:56,860
Christmas dinner.
And I would have
run into bullets for her.
584
00:28:57,000 --> 00:28:59,490
And this is how
you repay her kindness.
585
00:29:00,170 --> 00:29:02,760
The four students
who worked on Stuber's case
586
00:29:02,870 --> 00:29:06,000
got letters of recommendation
to prospective employers.
587
00:29:06,070 --> 00:29:08,970
And you're planning on
introducing all of this
at Stuber's new trial?
588
00:29:09,040 --> 00:29:10,030
Forget the retrial.
589
00:29:10,110 --> 00:29:12,510
We'll move for a hearing
to see how far
Ryan's students went
590
00:29:12,580 --> 00:29:15,410
to manufacture a wrongful
conviction here.
591
00:29:15,580 --> 00:29:18,710
Judge Braden can reinstate
the jury verdict.
592
00:29:21,820 --> 00:29:25,590
Professor Ryan was always
skeptical of one-witness
ID cases like this one,
593
00:29:25,660 --> 00:29:28,460
especially when there was
community pressure
to make an arrest.
594
00:29:28,530 --> 00:29:31,430
So she had us talk to
Jon and Alan's neighbors.
595
00:29:31,500 --> 00:29:34,190
One of them put us
onto their drug dealer,
Rodrigo Diaz.
596
00:29:34,330 --> 00:29:37,960
The first time you talked
to Mr. Diaz was in
a tequila bar?
597
00:29:38,610 --> 00:29:40,440
What did you expect?
He's a drug dealer.
598
00:29:40,640 --> 00:29:43,130
Whom you compensated
for spending time
with you.
599
00:29:43,310 --> 00:29:45,140
He asked me to pay for
his drinks and car fare.
600
00:29:45,210 --> 00:29:47,110
I was reimbursed
by the clinic.
601
00:29:47,180 --> 00:29:50,840
But after taking the cash
and then downing
a pitcher of margaritas,
602
00:29:50,920 --> 00:29:54,350
he revealed the new evidence
you were looking for.
603
00:29:54,890 --> 00:29:57,290
He wasn't drunk enough
to make me doubt
what he was saying.
604
00:29:57,360 --> 00:29:59,220
And then he agreed
to testify for you,
605
00:29:59,330 --> 00:30:01,520
just like any
upstanding citizen?
606
00:30:01,630 --> 00:30:02,620
That's right.
607
00:30:02,700 --> 00:30:04,790
Are you sure you didn't
offer him more money,
608
00:30:04,860 --> 00:30:06,830
or anything else
to motivate him?
609
00:30:07,830 --> 00:30:11,860
He was worried about being
arrested because he'd be
admitting to selling drugs.
610
00:30:11,940 --> 00:30:14,500
I told him if that happened,
the clinic would
get him a lawyer.
611
00:30:14,710 --> 00:30:16,370
Did you mention
any of this,
612
00:30:16,440 --> 00:30:20,500
the free lawyer,
the car fare, the drinks,
to Professor Ryan?
613
00:30:20,880 --> 00:30:22,750
Well, no.
614
00:30:24,950 --> 00:30:26,750
After your work
on the Stuber case,
615
00:30:26,820 --> 00:30:29,850
did Professor Ryan write you
a letter of recommendation
616
00:30:29,920 --> 00:30:31,890
for a federal clerkship?
617
00:30:32,360 --> 00:30:33,830
Yes, she did.
618
00:30:40,070 --> 00:30:43,870
Am I the only professor
to write you a letter
of recommendation?
619
00:30:43,970 --> 00:30:45,630
No, I have two others.
620
00:30:45,710 --> 00:30:48,270
I'm in the top 10%
of my class.
I'm also on law review.
621
00:30:48,370 --> 00:30:50,810
Were you motivated
to embellish Mr. Diaz' story
622
00:30:50,880 --> 00:30:53,000
for a grade
or a recommendation?
623
00:30:53,080 --> 00:30:54,240
Absolutely not.
624
00:30:54,310 --> 00:30:58,010
I was motivated to
expose the truth,
to remedy an injustice.
625
00:30:58,790 --> 00:30:59,770
Thank you.
626
00:31:01,520 --> 00:31:05,150
I'd like to call Emily Ryan
as the People's next witness.
627
00:31:08,230 --> 00:31:09,720
Your Honor,
I'm defense counsel.
628
00:31:09,800 --> 00:31:12,290
Co-counsel. Mr. Gilman can
handle any questioning.
629
00:31:12,970 --> 00:31:14,730
I was alluding to
attorney-client privilege.
630
00:31:14,800 --> 00:31:18,760
I'll be asking about her
clinic, not her conversations
with Mr. Stuber.
631
00:31:19,440 --> 00:31:21,930
Please take the witness stand,
Professor Ryan.
632
00:31:27,850 --> 00:31:31,080
It's customary to cover
a witness's travel expenses.
633
00:31:31,150 --> 00:31:34,640
But we can't control what
a witness does with the money.
634
00:31:34,720 --> 00:31:37,750
To suggest that
Mr. Diaz perjured
himself for $80,
635
00:31:37,820 --> 00:31:38,810
I find that preposterous.
636
00:31:38,890 --> 00:31:43,490
Is it also customary
to provide free cocktails
and free legal representation?
637
00:31:43,560 --> 00:31:45,720
Lisa may have been
a bit oversolicitous.
638
00:31:45,800 --> 00:31:48,490
I would love to have
some more experienced
investigators.
639
00:31:48,570 --> 00:31:50,700
Unfortunately, we don't have
those kind of resources.
640
00:31:50,770 --> 00:31:53,240
So you reward
the students in your clinic
641
00:31:53,310 --> 00:31:55,500
who work on successful
exonerations
642
00:31:55,580 --> 00:31:58,940
with better grades and more
enthusiastic recommendations?
643
00:31:59,010 --> 00:32:02,680
They have higher grades
because I assign
my brightest students
644
00:32:02,750 --> 00:32:03,980
to the most serious cases.
645
00:32:04,050 --> 00:32:07,210
With all this at stake,
how can we know
for certain
646
00:32:07,290 --> 00:32:10,950
that Lisa didn't suggest
this hit man story
to Mr. Diaz?
647
00:32:11,020 --> 00:32:13,120
My students may
get a bit overzealous.
648
00:32:13,190 --> 00:32:15,250
A lot of us are
susceptible to that.
649
00:32:15,330 --> 00:32:17,190
But they don't
suborn perjury.
650
00:32:17,260 --> 00:32:19,490
That goes against
everything that we stand for.
651
00:32:19,570 --> 00:32:22,400
All right, step down,
Professor Ryan,
I've heard enough.
652
00:32:23,970 --> 00:32:26,170
I'm troubled by the way
Mr. Diaz was coaxed
653
00:32:26,240 --> 00:32:28,970
into coming forward
by an apparent bribe.
654
00:32:29,310 --> 00:32:33,300
Without his testimony,
I never would have taken
the extraordinary step
655
00:32:33,380 --> 00:32:36,940
of setting aside a verdict
by a jury who weighed
all the facts.
656
00:32:37,020 --> 00:32:38,680
The jury did not have
all the facts.
657
00:32:38,750 --> 00:32:43,780
Almost all the facts.
I now find Diaz' testimony
extremely suspect.
658
00:32:43,990 --> 00:32:47,720
I'm reversing my earlier
decision and reinstating
the jury's conviction.
659
00:32:52,270 --> 00:32:55,670
In that case, the defendant
moves to dismiss
for another reason.
660
00:32:55,740 --> 00:32:58,570
Judge, are you going
to allow Professor Ryan
to keep taking potshots
661
00:32:58,640 --> 00:33:00,230
at a legitimate jury verdict?
662
00:33:00,310 --> 00:33:02,500
What's the problem now,
Professor Ryan?
663
00:33:04,310 --> 00:33:08,440
The lead prosecutor's license
to practice law
was obtained fraudulently.
664
00:33:08,510 --> 00:33:09,540
Excuse me?
665
00:33:09,620 --> 00:33:11,050
You heard me
correctly, Judge.
666
00:33:11,120 --> 00:33:12,680
My client's right
to a fair trial
667
00:33:12,750 --> 00:33:15,850
includes the right
to be prosecuted by
assistant district attorney,
668
00:33:15,920 --> 00:33:18,480
and Mr. Cutter is
not an attorney at all.
669
00:33:26,100 --> 00:33:28,160
I went to three colleges
in four years.
670
00:33:28,400 --> 00:33:30,700
A couple of credits
slipped through the cracks.
671
00:33:30,840 --> 00:33:33,860
I thought it would get
sorted out by the time
I got to law school.
672
00:33:34,270 --> 00:33:36,370
So you don't actually
have your BA.
673
00:33:36,640 --> 00:33:41,170
I did the work, but no one
actually handed me a diploma.
674
00:33:41,680 --> 00:33:44,240
I don't understand how this
affects your law license.
675
00:33:44,620 --> 00:33:50,110
This oversight got
perpetuated when I applied
for the New York Bar.
676
00:33:50,860 --> 00:33:55,420
You represented to the Bar
Overseers that you had your
undergraduate degree.
677
00:33:55,860 --> 00:33:57,020
Right.
678
00:33:58,300 --> 00:34:00,630
And on your résumé
to the D.A.'s office?
679
00:34:02,570 --> 00:34:04,430
Damn it, Mike.
680
00:34:05,040 --> 00:34:07,200
How did Emily Ryan
find out about it?
681
00:34:07,540 --> 00:34:09,470
She was my faculty advisor.
682
00:34:09,780 --> 00:34:11,770
I mentioned it to her once
and she told me,
683
00:34:11,840 --> 00:34:14,140
"Don't worry about it,
it's a technicality."
684
00:34:14,210 --> 00:34:18,270
It's now a technicality
that puts every one of your
convictions in jeopardy.
685
00:34:18,350 --> 00:34:20,220
Starting with
the Stuber case.
686
00:34:21,090 --> 00:34:23,210
Judge Braden wants
to put me under oath,
687
00:34:23,290 --> 00:34:25,420
hold a hearing
in his chambers tomorrow.
688
00:34:27,760 --> 00:34:29,280
I'll be joining you.
689
00:34:33,630 --> 00:34:35,330
After I passed the bar exam,
690
00:34:35,400 --> 00:34:38,340
I checked the qualifications
for the New York Bar.
691
00:34:38,570 --> 00:34:41,130
A college degree
is not a requirement.
692
00:34:41,210 --> 00:34:43,680
I do have
the required law degree,
693
00:34:43,780 --> 00:34:47,770
so I believe that my
license to practice law
is valid.
694
00:34:48,820 --> 00:34:50,910
May I ask a few questions,
Judge?
695
00:34:52,290 --> 00:34:56,880
When you were interviewed by
the Bar Examiner's Character
and Fitness Committee,
696
00:34:57,490 --> 00:34:59,390
did you mention any of this?
697
00:34:59,760 --> 00:35:00,750
No.
698
00:35:00,830 --> 00:35:03,160
So, when you were sworn in
as an A.D.A.
699
00:35:03,260 --> 00:35:05,660
And you promised
to uphold the laws,
700
00:35:05,730 --> 00:35:07,290
you were essentially
committing a fraud
701
00:35:07,370 --> 00:35:08,960
on the people
of the State of New York?
702
00:35:09,040 --> 00:35:11,130
I object to
that characterization.
703
00:35:11,200 --> 00:35:14,230
The question is whether
his lapse of judgment
704
00:35:14,310 --> 00:35:17,070
impinged on the defendant's
right to a fair trial.
705
00:35:17,210 --> 00:35:20,510
And why Professor Ryan
waited so long
to assert that it did.
706
00:35:20,580 --> 00:35:24,240
I'll take
the defense motion to dismiss
under advisement.
707
00:35:25,220 --> 00:35:30,160
Once again, Mr. Cutter,
I am very disappointed
by this turn of events.
708
00:35:37,500 --> 00:35:39,400
You were 21.
You made a mistake.
709
00:35:39,470 --> 00:35:42,870
I just raked a law student
over the coals
for having poor judgment.
710
00:35:43,600 --> 00:35:46,540
Well, maybe you should never
have gone after the clinic.
711
00:35:47,240 --> 00:35:50,270
I didn't have a choice.
Their witness was lying.
712
00:35:50,340 --> 00:35:52,780
And you had a chance
to show up your mentor.
713
00:35:53,350 --> 00:35:55,080
That had nothing
to do with it.
714
00:35:55,380 --> 00:35:56,970
Really? Mike.
715
00:36:00,790 --> 00:36:02,220
Jack's going to fire me.
716
00:36:02,790 --> 00:36:04,720
You're being paranoid.
I'd fire me.
717
00:36:05,860 --> 00:36:08,290
Who knows if they'll let me
keep my license.
718
00:36:13,630 --> 00:36:17,830
Well, well, a personal visit
from the District Attorney.
719
00:36:19,010 --> 00:36:21,000
You know why
I'm here, Emily.
720
00:36:21,370 --> 00:36:23,310
That ship
has already sailed.
721
00:36:23,380 --> 00:36:24,780
Not necessarily.
722
00:36:25,180 --> 00:36:27,810
I've seen too many
innocent men rot in prison
723
00:36:27,880 --> 00:36:29,780
because of
prosecutorial hubris.
724
00:36:29,850 --> 00:36:33,220
Mike went after your clinic
because that's what
you taught him to do.
725
00:36:33,620 --> 00:36:35,250
He didn't deserve this.
726
00:36:35,320 --> 00:36:39,620
I didn't deserve this.
And I gave you the
opportunity to reel him in.
727
00:36:40,060 --> 00:36:41,460
Then blame me.
728
00:36:42,460 --> 00:36:45,430
Mike's a fine prosecutor.
He does you proud.
729
00:36:45,500 --> 00:36:47,690
Do you really want to destroy
what you created?
730
00:36:48,400 --> 00:36:50,530
I still have a client
to represent.
731
00:36:51,240 --> 00:36:53,070
Do you believe he's innocent?
732
00:36:55,910 --> 00:36:58,970
Or are you teaching
Mike Cutter another lesson?
733
00:36:59,910 --> 00:37:01,280
What do you propose?
734
00:37:01,950 --> 00:37:05,440
If I can bring Mike
around to man one,
will Stuber make a deal?
735
00:37:05,520 --> 00:37:09,280
Right.
He pleads and my motion for dismissal just goes away?
736
00:37:09,490 --> 00:37:12,460
Mike's still going to have
to face the Bar Overseers.
737
00:37:14,330 --> 00:37:16,450
No promises, Jack.
Uh-uh.
738
00:37:17,330 --> 00:37:19,860
It sounds like we both have
some convincing to do.
739
00:37:20,730 --> 00:37:23,100
Stuber's a hate murderer.
740
00:37:23,600 --> 00:37:25,570
He doesn't deserve man one!
741
00:37:25,640 --> 00:37:28,000
I agree with you
on the merits.
742
00:37:30,140 --> 00:37:31,770
I see.
743
00:37:31,840 --> 00:37:34,870
We need to make a deal
to cover my ass.
744
00:37:35,680 --> 00:37:39,880
Well, I'm sorry, but I'd
rather get disbarred than be
a part of that scenario.
745
00:37:40,050 --> 00:37:42,890
Here's the scenario
you should be worried about.
746
00:37:43,690 --> 00:37:47,130
Stuber gets retried,
by a real lawyer,
747
00:37:47,630 --> 00:37:52,830
he walks because Emily Ryan's
injected enough doubt
in the case to sway a jury,
748
00:37:53,430 --> 00:37:57,660
and Judge Braden refers
your misfeasance
to the First Department.
749
00:37:57,900 --> 00:38:00,130
Well, I'm sorry, Jack,
but I won't do it.
750
00:38:01,510 --> 00:38:02,500
Yes, you will.
751
00:38:03,940 --> 00:38:08,380
If you have any hope
of staying on here, end this
debacle with a plea bargain.
752
00:38:20,490 --> 00:38:21,860
Always be early,
753
00:38:21,990 --> 00:38:23,790
just like I taught you,
Mike.
754
00:38:23,860 --> 00:38:27,390
And face the door,
that way you don't get
stabbed in the back.
755
00:38:27,470 --> 00:38:29,930
You forced my hand.
I warned you not to.
756
00:38:30,000 --> 00:38:33,370
I never thought you'd actually
come after my license.
757
00:38:33,440 --> 00:38:35,930
Why? You didn't think
I could fight as dirty
as you did?
758
00:38:36,540 --> 00:38:38,310
You were the one
who started this, Emily.
759
00:38:38,380 --> 00:38:40,140
I challenged one case.
760
00:38:40,210 --> 00:38:42,340
You were the one
that made this personal.
761
00:38:42,650 --> 00:38:46,740
Everything that I have worked
to build, everything that you
used to believe in,
762
00:38:46,820 --> 00:38:47,810
you're trying
to rip it apart.
763
00:38:47,890 --> 00:38:50,790
Well, you should have known
that I wasn't going
to back down.
764
00:38:50,860 --> 00:38:51,980
Well, you're here now, Mike.
765
00:38:53,090 --> 00:38:56,430
That shows maturity.
There was a time when you
couldn't accept defeat.
766
00:39:00,600 --> 00:39:04,000
Judge Braden says
he'll have a ruling on our
retrial motion tomorrow.
767
00:39:04,440 --> 00:39:08,430
Is that really what you want,
Mr. Stuber, another trial?
768
00:39:08,810 --> 00:39:10,900
I want to get out of here.
769
00:39:11,310 --> 00:39:12,470
I'm innocent.
770
00:39:12,950 --> 00:39:16,240
Oh, well, then there's
no reason to talk about
a plea bargain, is there?
771
00:39:16,580 --> 00:39:18,380
Wait a minute, Mike.
Come on.
772
00:39:18,450 --> 00:39:20,480
Just hear him out, Cedric.
773
00:39:20,550 --> 00:39:23,550
This guy's not even a lawyer.
Can he even make a deal?
774
00:39:23,620 --> 00:39:25,350
Yes, he can, Mr. Stuber.
775
00:39:25,490 --> 00:39:28,020
And if you have any doubts,
I'm here for your
peace of mind.
776
00:39:28,090 --> 00:39:29,560
Oh, that's sweet of you.
777
00:39:33,630 --> 00:39:34,790
So what do you got?
778
00:39:36,970 --> 00:39:39,630
Man one. Twenty years.
779
00:39:39,710 --> 00:39:41,940
Screw that.
780
00:39:42,510 --> 00:39:44,270
Come on, Mike.
You can do better than that.
781
00:39:44,380 --> 00:39:46,850
If he is going to blow trial,
the minimum is 15 years.
782
00:39:46,910 --> 00:39:50,280
Everyone in this room knows
he won't get less
than 25-to-life
783
00:39:50,350 --> 00:39:51,940
after a conviction
for a hate crime.
784
00:39:52,250 --> 00:39:55,620
You know what?
I'm sick of this
hate crime crap.
785
00:39:56,420 --> 00:39:59,550
It's not like he was
a black guy,
786
00:40:00,830 --> 00:40:02,290
or a spic.
787
00:40:06,170 --> 00:40:08,160
Our offer just went up
to 25.
788
00:40:08,530 --> 00:40:10,530
Mike...
Go to trial
if you don't like it.
789
00:40:10,600 --> 00:40:13,300
How about our motion
for dismissal?
How about your law license?
790
00:40:13,370 --> 00:40:14,770
You can have my license.
791
00:40:14,840 --> 00:40:19,280
It'll free me up to testify
about the hate speech your
client just spewed in here.
792
00:40:19,710 --> 00:40:22,200
And after he's convicted
of murder in state court,
793
00:40:22,280 --> 00:40:24,750
I'll walk across to the
U.S. Attorney's Office
794
00:40:24,820 --> 00:40:26,440
and have your
client prosecuted
795
00:40:26,520 --> 00:40:28,490
for violating the
Matthew Shepard Act.
796
00:40:28,550 --> 00:40:31,850
Hate murder against gays
is a federal offense now.
797
00:40:31,920 --> 00:40:35,260
Are you ready to do
back-to-back life sentences,
Mr. Stuber?
798
00:40:35,330 --> 00:40:37,630
You will die in jail.
799
00:40:48,910 --> 00:40:50,140
Is that true?
800
00:40:58,180 --> 00:41:02,090
He'll take
the 20 years
you originally offered.
801
00:41:02,150 --> 00:41:04,590
It's 25 or nothing.
802
00:41:04,660 --> 00:41:06,990
Now or never, Mr. Stuber.
803
00:41:10,530 --> 00:41:12,460
Is this fed thing for real?
804
00:41:12,630 --> 00:41:14,190
Yes, I'm afraid so.
805
00:41:19,240 --> 00:41:21,260
I'll take the 25.
806
00:41:29,080 --> 00:41:30,910
That guy's nuts,
you know that?
807
00:41:33,390 --> 00:41:34,850
Yeah, I do.
808
00:41:49,770 --> 00:41:52,430
I've been reprimanded
by the Bar Overseers.
809
00:41:53,010 --> 00:41:54,630
It goes in The Law Journal
tomorrow.
810
00:42:03,680 --> 00:42:06,780
"...but we cannot see
how the flaw
in Mr. Cutter's credentials
811
00:42:06,850 --> 00:42:09,120
"prejudice any of
his past convictions."
812
00:42:11,560 --> 00:42:12,820
I dodged a bullet.
813
00:42:13,230 --> 00:42:14,210
Did you?