All language subtitles for Law.and.Order.S15E24.Locomotion.1080p.AMZN.WEB-DL.DDP5.1.H.264-playWEB_track3_[eng]

the people are represented
by two separate

yet equally important groups--

the police,
who investigate crime,

and the district attorneys
who prosecute the offenders.

These are their stories.

Last year was
a total aberration.

Last year was the beginning
of a dynasty with a capital "D."

Without Pedro, no way.

That's right--
who's your daddy?

At least
it's not Steinbrenner.

Big Unit, baby.

World Championship back
where it belongs--the Bronx!

Pedro is a Met.

Good luck.

Guy's been in there
half an hour.

Hey, fella!

Everything all right?

Think he died in there.

It smells like he did.

Come on!

Morning rus,
8:22 to Grand Centra.

Five D.O.A.s
and counting.

What about the driver?

Dogs don't think
anybody's in there.

We'll know for sure
once we open her up.

Witnesses?

Two so far.
Railroad guys.

Don't know how much
they could have seen,

fixing a switch
100 yards away.

We'll need to talk to them
anyway.

Casey Jones, too.

Casey Jones?

The driver of the train.
That what-do-you-call-it.

The engineer.

This isn't some crossing

in the middle of a cornfield
in Kansas.

How the hell did this
thing get on the tracks?

There's a busted guard gate
up the service road.

It looks like
he crashed through there.

Any security video?
Supposed to be.

I'll call the monitoring center
and get it cued up.

From every camera
in the yard,

and we're gonna need
I.D. on this vehicle.

We ran the plates
already--stolen.

Off a car in Van Cortland Park
three days ago.

Soon as C.S.U.
finds the VIN--

Rest of the passengers,
bumps and bruises?

We need everybody I.D.'d,
everybody interviewed.

There's a public school
close by.

We're gonna
bus 'em over there,

follow up at the hospitals
with the serious injured later.

All right, thanks a lot,
Sarge. Good work.

Stolen plates, busted gate,
restricted area--

this is no accident.

He'd have to know about
the gates, the schedule,

the crossing.

A disgruntled employee?

Been known to happen.

Mayhem in the workplace.

That's one possibility.

I have another.

Terrorists.

That's a cheery thought.

I'm full of them, pal.

.

I couldn't believe my eyes.

No signals,
no alarms?

No warning whatsoever.

Just that damned SUV
looming up at me.

I slammed on the brakes,
but--

felt like we were
going over a cliff.

Slid right into him.

You know,
I maybe heard something

coming over the radio

just as we were
plowing into the guy.

A warning?

Could have been.

Tell you the truth,
between the horn and the brakes

and the sound of the crash,

my ears are still ringing.

You get anything?

No, they were clear down
at the other end of the yard.

They didn't even
see the crash.

Any trace of the driver?

Dogs were right--whoever
was in there is long gone.

Seven dead her,

half a dozen on their wy
to the O.R,

could go either way.

Did they get everyone
off the train?

So they tell me.
All right, thanks.

What do we have?
Seven so far.

It could possibly go
as high as 13.

What about the driver?

No trace of the bastard.

Are the feds working
the terrorist angle?

The Joint Terrorism
Task Force

is checking to see if today
is some kind of anniversary

that might have
triggered an attack.

Grand Central,
Penn Station, and Metro-North

are all on Red Alert.

Anybody take credit
for it yet?

Not yet.

Well, if he is a terrorist,
he's no suicide martyr.

Not all of them are.

The guys who hit
the trains in Madrid

hid their bombs
in suitcases and gym bags

and got the hell
out of there.

Like this guy.

I gotta tell you,

this doesn't feel like
a terrorist.

Feels like
a nut job to me.

Well, let's hope
you're right.

Oh, man.

He just blew
right on through there.

Yeah, but the question is,
who was minding the store?

When the car
crashed through the gate,

why didn't it
set off an alarm?

It did, but by the time
we radioed the train--

Why the slow response?

Happened at shift change.
8:00 a.m.

Yeah, sure.

Coffee and Danish,
somebody reading a newspaper,

and nobody's paying attention
to the monitors.

Guy knew what he was doing.

Pull it up a little closer.

Well,
somebody's in there,

but I can't tell if he's
black or white, young or old.

Male or female,
for that matter.

Camera set to catch kids
coming over the gate.

Trespassers...
not cars crashing through it.

Well, he crashed the gate
8:00 straight up, right?

Collision with the train
occurred 8:03.

It's cutting it pretty close.

What time was
the sight secured?

8:20.

So he had time
to get away.

How many ways
out of the train yard?

A couple of pedestrian gates,
but they were locked.

Security cameras?
We've already
looked at that footage.

Nobody in
or out of those gates

before or after.

Maybe he walked out
the way he came in,

right through there.

He might still be in
with the passengers,

hiding in plain sight.

Parks the SUV
on the tracks,

sticks around
to see what happens.

All that chaos,
who's gonna notice?

Yeah, then they
seal off the scene,

he's stuck, gets processed
with everyone else.

We'll go back, see if
they come across anybody

that doesn't seem to fit.

We processed 100, roughly.

Another 120 or so to go.

What about the ones
who went to hospitals?

We'll follow up on them
in a day or two.

Do you get aided reports
on everybody?

Looking at I.D.s,
addresses,

dates of birth,
where people got on,

where they were headed.

Tickets?

If they got 'em.

A lot of people don't.

It's a commuter line.

You ever ride it?

Perish the thought.

Yeah, well, it's pretty casual
as far as tickets go.

A lot of monthly passes.

Is there anyone
we should re-interview?

Nobody on the train
saw nothing.

I mean, one minute
they're cruising along

like every other day,
and the next--

We were just wondering
if one of the passengers

wasn't a passenger at all.

You mean the driver
of the SUV?

Anybody strikes us
as wrong,

we flag 'em.

Definitely.

What's the latest tally?

Last I heard,
it was up to nine.

Fontana.

Well, that's great,
thanks.

We got the VIN number.

What about prints,
DNA?

Come on, you don't want
the whole thing

handed to you
on a silver platter, do you?

Why not, a ground ball
every once in a while?

The SUV belongs
to a guy named Lenny Thorne.

Why does that name
sound ring a bell?

Date raper,
hung jury, mistrial.

Right, the D.A.'s gonna
retry the case.

He even held a press conference
to that effect.

Guess wo
the A.D.A. wa.

Mark Nesoff.

Should I know that name?

Doesn't matter.

Guess where he was
yesterday morning.

On the train?

On his way
into the office.

Nesoff lives in Chappaqua.

He takes the same train
into Grand Central

every day of the week.

It wouldn't be hard
for Thorne to figure that out.

What do we know
about this Mr. Thorne?

Systems analyst.
He's a college-educated creep.

There was an earlier case.

The woman
dropped the criminal charges.

She took a big civil settlement.
His family paid her off.

I'm not sure it's enough
for a warrant.

Well, it should be.

Well, this is a terrorist
investigation, right?

As of now.

Patriot Act.

We got more than enough
to get a warrant under that.

I assume
he's armed and dangerous.

Polic!
Freez!

Get your hands u!
Let me see your hand!

Bathroom's clear.

Hands on your head!
On your knees.

Shut your mouth
and get on your knees!

What is this about?
Shut up!

You heard the man--
shut up!

Detectives, I found this
in the bedroom closet.

If it isn't mine.
I have no idea how it got there.

Man, don't even go there.
We're not in the mood.

You don't kno?
Nope, I don't know.

But it's your car.
Must have been stolen.

Did you report it?
Didn't know it was gone

'til y'all come
crashing in my apartment.

When was the last time
you saw it?

Couple of days ago.
Told you.

Found a primo parking spot.

Didn't have to move it
'til Tuesday.

You stole some plates,
you put 'em on your car,

you drove the car
onto the tracks,

derailing the train
and killing ten--

Twelve.

Twelve people,
and injuring

God knows
how many others.
Wasn't me.

You know who
was on that train?

No idea, man.

Mark Nesoff.

Nesoff the D.A.?

No way.
Way.

He hurt?

Too bad for you,
no, he wasn't.

It's quite a coincidence
that your car

derails the train
that Nesoff is on.

All it is--a coincidence.

Oh, no, Lenny,
it's much more than that.

It's called motive.

M-O-T-I-V-E, motive.

I'm not worried about
the retrial,

if that's why you
think I did this.

You tied that girl up
in her own apartment.

You raped her at gunpoint.

It was a game.
She asked me to.

Is that how she wound up
in the hospital--

playing a game?

They got you cold
on rape, sodomy,

false imprisonment--

I'll beat the next one,
same as I beat the first trial.

A mistrial?
Hung jury?

You won't get
that lucky again.

Luck had nothing
to do with it.

All I need is one girl
on that jury

to make eye contact with.

You're not that charming.

I just convince her
I could never have done

such a nasty thing
as they claim I did.

She looks in my eyes,
and she knows.

I'm not that kind of guy.

He's a cocky bastard.

Guy's a piece of work.

So what do you think?

Oh, I like him

a lot for it.

I think he looks good--
means, motive, opportunity.

He's got no alibi
to speak of.

Sorry to disturb you, Lou.
Lab said it was urgent.

Thank.

Well, they got
two sets of prints

on the steering wheel.

Thorne's and someone
who's not in the system.

Doesn't mean anything.

He's right.

He could have
loaned his car to a friend

a week ago
or a month ago.

Well, it's better
to put it to rest anyway.

Go on over to Intel.

See if they finished
checking backgrounds

on the passengers.

What about
Prince Charming here?

We were just
getting stared.

I'll take care
of him.

Post-9/11, we do more terrorism
than drug work, truthfully.

We have agents from
customs, immigration,

N.Y.P.D., D.E.A.,
I.R.S., F.B.I.,

and access
to all their systems.

Do you think that this
was a terrorist attack?

At first, I thought,
"Okay, here we go."

But it's been quiet--
no chatter, no other incidents.

We're starting to be
reasonably confident

this was an isolated
criminal act only.

We hear you have
a suspect in custody.

Yeah, looks good for it.

But there's a second
set of prints.

And we all know
that fingerprints

don't come
with a timestamp.

You complete the backgrounds
on all the aideds yet?

Yeah.
Anybody jump out at you?

Aside from
the faked injuries

in anticipation of a big
insurance settlement

with the railroad?

People are amazing.

Hey, you have to answer
when opportunity knocks.

12 men betwen
the ages of 16 and 7,

with no ticket stub,
no monthly pass,

couldn't remember
where they boarded the train,

or had an inappropriate address

relative to ther
station sto.

You run 'em?

No criminal records,
not on any watch list.

Four were vets.

We had B.C.I.
do a comparison

against the secod
set of print.

Eliminated them right away.

Here are the other eight
for what it's worth.

Thank you very much.

My pleasur.

Well, two of them
live uptown here

where Throne says
his SUV was stolen.

This list assumes these guys
had real I.D.s.

But let's say that the driver
is not a terrorist.

He stays around too long.
He gets stuck there.

Has to show
his real I.D.

What do we got to lose?

I was visiting
my girlfriend.

You told the detective

you boarded the train
at Purchase.

I was confused, okay?

Freaked out.
I hit my head in the crash.

I was groggy, okay?

I kept saying Purchase.
I meant White Plains.

My girlfriend
goes to Purchase.

Her folks live
in White Plains, okay?

Would you watch your tone
of voice with us, please?

What are you,
my parents?

If you don't stop acting
like a tough guy right now,

I'm gonna take you
over my knee,

and I'm gonna spank you...

in front
of all of your friends.

You get the message?

Sorry.

You showed the detective
a student I.D.?

Yeah.
We need to see it.

Uh, sure.

I already told the cops
I didn't see anything

before the crash.

Police officers.
What?

Cops,
it's an offensive term.

Oh...okay.
I didn't know.

Now you do.

Okay, we're gonna
have to copy this,

see if it's authentic.

These are easy to fake.

Man, I need it to get
into the student union.

How am I gonna get dinner?

You don't have anything else?

Passport, driver's license?

Neither one.

How come you don't
have a driver's license?

I don't drive.

You don't know
how to drive a car?

This is New York City.

I never had to learn.

I'm third generation
no-driver's-license New Yorker.

No driver's license,
no passport.

So if we said to you,
"Don't leave town..."

I wouldn't dream of it.

Dave Buckley, 35,
construction worker.

Cuts and bruises,
treated at the scene.

Well, at least this guy
has a driver's license.

I'd like to get
done with this thing,

have another go
at Lenny Thorne.

So would I.

Who is it?

New York City Police Department,
Mr. Buckley.

Hang on a secon.

Hey, yeah.
Come on in.

Ah, sorry about
the mess there.

I'm not much
of a housekeeper.

Here, let me clear you
a spot there.

That's okay, we won't
be here that long.

We just wanted to ask you
a few more questions

about the train.

Looks like you got
cut up a little bit.

Yeah, you know,
flying glass.

You got kid?

Yeah, that's my daughter.
She's six.

Going on 16.

Yeah, I know
what you mean.

I got two--
a boy and a girl.

Three and six also.

Yeah, little girls,
they're the best, though, huh?

That father-daughter thing.

Oh, it's great.

Yeah, I wish
I could freeze her

at just at that age,
you know?

You divorced?

Separated.

Uh, you know, just, uh--

just a temporary thing.

You know how it is.

Ups and downs.

We'll work it out.

Your wrist.

Huh?

Your writ
is bleedin.

Ah, yeah, I don't know
why that keeps doing that.

That happen
at the wreck?

Yeah, yeah.

Well, they should have taken you
to the hospital,

had it sewn u.

Yeah, well, I mean,
they wanted to, but I...

But what?
You refused medical aid?

I don't have insurance.

Uh-huh.

That looks pretty fresh.

Yeah, well, I had it
butterflied.

I guess it probably
busted loose.

I want to take
a look at that.

Oh, yeah.

Yeah.

That's gonna need
a fresh bandage.

Yeah, there's some, uh--
some gauze over there.

Nick.
Yeah.

This is not right.

This is not right at all.

What do you mean?

Well, this wasn't caused
by flying glass.

Yeah, yeah, sure it was.

No.

No, it's too clean.

This was caused
by a blade.

You cut yourself.
You slashed your wrist.

I-I didn't.

Nick.

No, that's a blade cut.
No question.

Why would you do that?

I-I don't know.
I didn't--

Well, you're gonna
need a doctor.

I don't know,
I didn't...

Why would you do
such a thing, David?

David?

I didn't mean
to hurt anybody.

I didn't mean
to kill anybody.

You killed 12 people.

God, I'm sorry.

I just meant to kill myself.

You wanna give us
a statement now?

Ah, sure, why not?

Do I think he really
meant to commit suicide

when he put that SUV
in front of the train?

I don't know.

What difference
does it make?

It might influence
how he's charged.

His DNA's in the vehicle.

His prints
are on the steering wheel.

His signature's
on the confession.

Is it bullet-proof?

Witnessed, videotaped.

Wish there had
been a lawyer there.

He didn't want one.

Look, I hope
you're charging him

with 12 counts
of Murder One,

250 counts
of attempted murder,

and whatever else
you can throw at him.

I was at the scene, Counselor.

And if this case
doesn't help bring back

the death penalty
in New York State,

I don't know what will.

It's hard to know where
to begin with Mr. Buckley.

I think we can hold

the multitude
of lesser counts in reserve.

So the question is,
which theory of Murder Two?

Why wouldn't you hedge
your bets and charge both?

Until recently,
that's exactly what we'd do.

There was a red-alert
ruling last year,

People v. Payne.

I'm not familiar with it.

The defendant shot
the victim in the stomach

with a shotgun.

There was some question
about why,

so we charged him with
both theories of Murder Two.

The jury acquitted
on Intentional,

convicted on
Depraved Indifference.

So the strategy worked.
You got your fall-back position.

The Court of Appeals
overturned

the Depraved Indifference
conviction.

Insufficient evidence.

And since he'd already

been acquitted
of Intentional--

He walked.

I think we go
with Depraved.

Take the classic
law school example.

Throwing open the lion's cage
in a crowded zoo

without regard
for the consequences.

That's exactly
what he did, isn't it?

I'll draw up the indictment.

Who's his lawyer?
Legal aid?

Someone just agreed
to represent him pro bono.

Rodney Fallon.

You know hi?

Let's arrange a meeting.

My intent to file
an affirmative defense.

Not Guilty
by Reason of Insanity?

This is a textbook exampe
of Depraved Indifferenc.

And given that less than 1%
of insanity defenses succeed--

It's still on the books.
It ought to have some validity.

The public doesn't believe
in insanity defenses anymore.

Look at Andrea Yates--
if a woman

who drowns her four children
isn't crazy, who is?

That's Texas.
This is New York City.

I don't think there's
a red state/blue state

schism on this issue.

We have every confidence of
prevailing in front of a jury.

The jury is going to see a very
sympathetic man, Ms. Borgia.

Not a monster.

Someone who deserves treatment,
not punishment.

What are you looking for?

Man Two.

Are you joking?

15 years, each count,
to be served concurrently.

As if he'd killed
one person and not 12?

That was his intent,
one person: himself.

I share my colleague's distaste
for your proposal.

Well, make me a counter.

You shouldn't mislead
your client, Mr. Fallon.

He's going to prison
for the rest of his life.

That's no incentive.

We understand that he has
a large extended family.

We'll recommend that he
serve his sentence

in a downstate
penitentiary.

No sale.

Schedule a 7:30 exam.

I have no doubt
he will be

judged competet
to stand tria.

No doubt.

As you say, Ms. Borgia.

These days, everyone's
competent to stand trial.

No matter how crazy
they are.

The defendant stole
an SUV,

crashed it through
a security gate,

and left it directly in the path
of a high-speed commuter train

full of people
on their way to work.

He killed 12.

Injured
more than 150 others.

Some of them
sustained injuries

that will cripple them
for the rest of their lives.

He put every single person
on that train at risk.

Why he did it
is irrelevant.

That he did it,

is incontrovertible.

And ultimately
the only thing that matters.

The deed speaks
for itself.

Davey Buckley
was out of his mind.

He wasn't thinking about the
consequences of his actions.

He couldn't.

He was focused solely

on the insane act
of taking his own life.

Davey Buckley has a troubled
history of behaviors

that point to an undiagnosed
mental illness.

Depression.

Bipolar disorder.

He never had the resources
to get the help he needed.

He fell
through the cracks.

Davey Buckley was an accident
waiting to happen.

Now, you and I know
that there is no safety net

for the working poor.

If he was rich,
or even middle-class,

this never would
have occurred.

Davey Buckley is not

criminally responsible
for that tragic accident.

He timed his arrivl
at the security gae

with the shift change
at the monitoring station,

so there was
minimal opportunity

to alert the crew
and avert the collision.

How would you characterize
his actions?

Objection.

The witness
has no insight

as to Mr. Buckley's
state of mind.

Mr. McCoy.

Detective...

did you form an opinion
about the expertise

and efficacy

of the defendant's
criminal activities

in relation
to this incident?

Highly-organized,
well-planned, well-executed.

How about the defendant's
actions after the crash?

He remaind
at the scen.

Mingled in with
the real passengers.

He used a pocket knife

to inflict
some superficial wounds

to his hands and arms.

He was treated by medical
personnel and released.

How do you interpret
those actions?

He was trying to blend in,
get away,

like any other
hit-and-runner.

Objection!

Sustained.

You arrested Mr. Buckley?

Ye.

Interrogated him?

I interviewed hi.

Yes, me and my partner.

He confessed?

He voluntarily
gave us a statement, yes.

And after he confessed?

We processed him
through the system.

Did you make any special
arrangements for Mr. Buckley?

Special arrangements?

Given the circumstances
surrounding this incident,

were any
special precautions taken

regarding his incarceration?

He was placed on 24-hour
suicide watch.

How do you think it's going?

I think we put on
a strong case.

You think Fallon
scored any points?

The fact that the police
put Davey Buckley

on a suicide watch--
a reasonable precaution.

I was going over
their witness list for tomorrow.

There's a neighborhood
storefront clinic doctor

and an expert for hire.

Who probably spent
all of an hour

with Davey Buckley.

But will tell us that he had
a troubled childhood

and he's clinically insane.

What about
this neighborhood doctor?

What's that about?

Fallon's not interested

in rehabilitating
the insanity defense.

He's using this
as a soapbox.

Mental health benefits
for the working poor.

That could resonate
with a jury.

Middle-class people
are worried

about losing
their health insurance.

This isn't about that.

I'm not going to let Fallon
distract them.

Well, according
to these records,

Davey Buckley came
to your clinic three times.

If that's what it says.

In fact, he saw
a different doctor each time.

Do you remember
what his symptoms were?

I'd have to look
at the file.

Depression.

Do you remember
what you prescribed for him?

Again, without
refreshing my memory--

Haldol.

If that's what it says.

That's exactly what it says.

How much Haldol did you
prescribe for Mr. Buckley?

Do you remember?

A year's worth?
A month's worth?

It would have ben
less than tha.

Four or five days worth..
at the mos.

Did you ever do any follow-up
with Mr. Buckley

to see how he was doing?

We don't do follow-up.

We don't have the resources.

Are you a psychiatrist?

No.

Have you ever
had any training

in psychiatry or psychology?

Just the standad
six-week rotatio.

Yet you felt competent
in diagnosing Mr. Buckley

as depressed.

He diagnosed himself.

If a patient tells me
he's depressed--

you give him Haldol.

Three or four days worth.

Why do people
come to your clinic?

It's in the neighborhood.

Inexpensive.

If people don't
have insurance--

In other words,
they come because

they have no other choice.

We do the best we cn
under the circumstance.

Did Davey Buckley
have insurance?

No.

He didn't.

Do you think he would have
come to your clinic

if he had?

Probably not.

Are there circumstances
under which

you would have sent Mr. Buckley
to another facility

for further care?

Sure, if he exhibited
severe symptoms,

of course we would have.

Thank you.

Redirect, Your Honor?

Go ahead.

Isn't it true, Doctor,
that there is an unspoken policy

at your clinic--
Objection!

Well, if there was
an understanding,

certainly the witness
can speak to it.

Overruled.

Isn't it your understandin,
Docto,

that whenever possibl,

you're to throw
cheap drugs at a patient?

And not send them
to the hospital

for further treatment?

That is a gross
overstatement.

Really?

Well, if you say so.

Mr. Fallo.

Davey, Davey,
now, what we're gonna do

is we're gonna
call an expert--

Mr. Fallon, please
call your next witness.

Yes, I'd like to call expert
witness Dr. Sheldon Farnes.

That's not--no.
I don't agree with that.

I don't want you t.

Mr. Buckley,
that is not appropriate.

I-I'm sorry, Your Honor.

I don't agree to this.
Not at all.

Mr. Fallon,
please remind your client

this is a court of law.

He's not my lawyer
anymore.
Davey.

No, I--I'm firing him,
Your Honor.

Your Honor, can we recess
for a few minutes, please?

I want to represent myself,
Your Honor.

That is not wise,
Mr. Buckley.

I want to change my plea, too.

You wish to plead guilty?

Not guilty.

I wish to plead not guilty.

I don't understand, what--

No insanit.

Uh, you know,
just not guilty.

and this morning?

Why Davey Buckley's
sudden change of heart?

I checked the visitor's log
at Rikers.

His brother Thomas
paid him a visit last night.

I called Thomas, I asked him
what they talked about.

He said he just
tried to cheer Davey up.

Told him how well
things were going?

What a great job
Fallon was doing,

how persuasive their
expert witness would be?

More or less.

Maybe brother Thomas
was too convincing.

Buckley's
starting to believe

that Fallon's strategy
might actually work.

I don't follow you.

If Davey Buckley is acquitted
by reason of insanity,

he goes to a mental
institution...

for an indeterminate
amount of time.

He'd rather go to prison?

I don't know.

Doesn't it work
to our advantage

if he represents himself?

That's a wild card.

I hate to give
an appellate court

anything to hang
a reversal on.

Hopefully Judge Bradley
won't let it get that far.

Mr. Buckley...

do you understand the pitfalls
of representing yourself?

The need for adequate
legal counsel

in our
adversarial system?

Yes, Your Honor.

I have to warn you,
Mr. Buckley,

you will forfeit your right
to self-representation

if you engage in disruptive
or obstreperous conduct

calculated to undermine
or delay the progress

of this trial.

I understand, Your Honor.

All right, Mr. Buckley.

You may proceed.

Your Honor,
with all due respect--

I know the People's position,
Mr. McCoy.

Your Honor,
in light of this decision,

I would like to be
relieved of my duties.

Your application is denied.

I need you to be standby counsel
for Mr. Buckley.

Your Honor, I--
I will not take no
for an answer, Mr. Fallon.

Mr. Buckley,

when will you be ready
to call your first witness?

I only have one witness,
Your Honor.

Myself.

How do you propose
to testify

and do direct examination?

Well, I thought I could
write out the questions

and, uh, Mr. Fallon
could ask them

so I could answer.

Your Honor,

this idea is just
further evidence

that Mr. Buckley
shouldn't represent himself.

Well, I think it's a very
practical idea, Mr. Fallon.

Court will
reconvene tomorrow.

Did you really intend
to kill yourself?

Ye.

Didn't you think
other people would be hurt?

I feel terrible
about that.

I mean, I honestly
thought that the train

would demolish the SUV

and just keep goin.

The train ws
so much bigge.

It was so much heavie.

And, uh...

I thought it would
just smash the car.

Or it would push it aside
like a bulldozer.

What was your state of mind
that morning?

I just wanted to put mysef
out of my miser.

That's all I was
thinking about.

Then why didn't you?

I saw the train coming,
and, uh...

I saw my little girl's face.

And I just--
I couldn't do it.

I tried to drive the car
off the tracks, I swear to God,

and it was stuck.

I didn't mean
to hurt anyone.

I didn't mean for anyone
to get hurt.

I'm concerned
he's coming across

as an effective,
sympathetic defendant.

I was going over
Fallon's witness list,

the ones he would have called
if Buckley hadn't fired him.

His brothers and sisters
are on the list.

More sibling testimony

about the trials
and tribulations

of Davey Buckley.

That's the thing.

There's another brother--
Jimmy.

He's the oldest.
He owns a construction company.

Davey used to work for him.

Jimmy Buckley wasn't
on Fallon's witness list.

All the others were,
but not him.

I'm due back for cross.

See what he has to say.

You didn't think anyone else
would get hurt?

No.

And you didn't want to leave
your daughter fatherless?

I couldn't.

Commendable.

What about all the other
fatherless daughters and sons

you created through your
reckless disregard

for other people's lives?

Objection.

If I'm allowed to object.

You are.
Sustained.

If you really wanted
to kill yourself,

why didn't you use
a gun, Mr. Buckley?

Or a knife?

Take sleeping pills?

Throw yourself
out the window?

I wanted to be sure.

I didn't want to survive

and become a burden
on my family.

And why didn't you just
walk onto the tracks?

Throw yourself
in front of the train?

I don't know.

What was the real reason

you decided
to derail that train?

I didn't want
to derail the train.

I wanted to kill myself.

Wasn't it to get your
estranged wife's attention?

No, that wasn't the reason.

She's been here for you
everyday, hasn't she?

Yes, she has.

You succeeded in getting
her attention.

And all it cost was 12 lives
and hundreds of injuries.

Objection.
Sustained.

Do you think you're
the victim here, Mr. Buckley?

No.

Were you hoping
to gain her sympathy?

No.

Are you hoping
that she'll take you back,

even if you're in jail?

Your Honor, Mr. McCoy
is busily painting a picture

that is entirely
speculative.

Sustained.

Nothing further, Your Honor.

Mr. Buckley..

you may step dow.

Does the defense wih
to call any other witnesse,

Mr. Fallo?

Your Honor...
the defense rests.

Mr. McCoy.

The People have a witness
to call in rebuttal, Your Honor.

James Buckley.

All righ,
we'll reces

until first thig
tomorrow mornin.

Davey's proe
to melanchol.

Always has been.

I mean, he's sweet...funny.

People like him--
when he's up.

When he's down,
when he's drinking,

he's dark
as dark could be.

He has a drinking problem?

Since he was a kid, yeah.

He was sober at the time
of the train wreck.

On and off the wagn
his whole lif.

Growing up,
did you and your family

think of your brother
as being mentally unstable?

More like hard luck.

"Davey's in trouble again."

"Davey got himself
in another scrape."

"Davey can't cath
a break, poor kid"

What kind of trouble?

Ah, trouble in school,
trouble at work.

Couldn't pay attention.
Couldn't hold a job.

You say he couldn't hold a job,
but he worked for you.

He had a wife.
A new baby.

I told hi,
"This is your last chanc.

You have to promise me"

And he did.

How long did he work for you?

Nine months, maybe.

Started drinking again
on the job.

He was a hazard.

To himself and other.

So you fired him.

Had t.

He made me a promise.

I had to let him know
I was serious this time.

Did you give him
any further assistance?

I payed for rehab.

Again.
30,000 a pop.

Did you ever encourage him

to get any other kind
of counseling beyond rehab?

Many times over the years.

Told him I'd foot the bill
for that too,

no matter what.

He always waved me off.

Said he didn't need it.

Did he know he had gone
to a clinic,

seeking help for depression?

No, I didn't know.

Why not?

Why wouldn't he want
you to know about that?

Ashamed, maybe.

That's how it is
where we come from.

It's a shameful thing
to need help with...

you know, your emotions.

Your other
brothers and sisters

were scheduled to testify
for the defense.

Well, they still got
a soft spot for him.

But not you.

I told Mr. Fallon.

I couldn'.

I couldn't stand p

and swear.

Not in good conscience.

Did you think
I was crazy, Jimmy?

You heard me.
I thought you had troubles.

We all did.

Did I ever, uh...
hear voices?

Hallucinate?

Not that I know, no.

Did I ever try
to commit suicide?

Again, not that I know.

Did I ever threaten
to kill myself?

Not until your marriage
went sour.

Exactly.

So...when I made
those threats,

I mean, didn't you think that
that was a sign

that something was wrong?

I didn't
take them seriously.

You didn't?
Why not?

You're all talk, Davey.

You're a daydreame.

Have ben
your whole lif.

So you didn't think
I would go through with it.

And you didn't, did you?

Did you wish that I had?

Come on.

Did you?

No.

I wouldn't.

Never.

Wh-why not?

I mean, that
would be it, right?

That would be the end of it.

No more.

No more Davey to worry about.

You gave up on me, Jimmy.

That's right.
I did.

You're right.

You knew I needed help.

When Maureen threw me out,
who did I call?

I called you.

Yes, you did.

I called you first.

And what'd I say?

You said...

You were
in desperate straits.

I needed help.

What'd you say?

I said no.

I'm done.
Enough's enough.

Yeah.

"Enough's enough."

I have my own family
to take care of!

I'm your family, too, Jimmy!

No.

You're not.

Not anymore.

On the first count
of the indictment,

Murder in the Second Degree,
how do you find?

We find the defendant guilty.

On the second cout
of the indictmen,

Murder n
the Second Degre,

how do you fin?

We find
the defendant guilty.

On the third cout
of the indictmen,

Murder in the Second Degre,
how do you fin?

We find
the defendant guilty.

On the fourth cout
of the indictmen,

Murder in the Second Degree...

You could still recommend
that Judge Bradley

sentence him concurrently.

12 life sentences.
That's what he deserves.

I don't disagree.

You agree?

He's criminally responsible?

He did a terrible thing.

But in a way, he was right.

It could have been averted.

Billions for prisons,
no health care.

I don't make social policy.

No.

You just have to clean up
after those who do.

Captioning by Brian
at CaptionMax
www.captionmax.com