1 00:00:06,446 --> 00:00:09,753 Thanks for picking me up from work. 2 00:00:09,797 --> 00:00:10,928 No problem. 3 00:00:11,973 --> 00:00:13,496 Do me a favor, little brother. 4 00:00:13,540 --> 00:00:15,890 Pull over up there. I need to cash my paycheck. 5 00:00:15,933 --> 00:00:17,935 You think it's still open? It's kind of late. 6 00:00:17,979 --> 00:00:19,807 Trust me, it's open. 7 00:00:19,850 --> 00:00:21,069 Just pull over. 8 00:00:21,113 --> 00:00:23,158 And wait in the car. 9 00:00:29,425 --> 00:00:31,340 ♪ So there's no reason 10 00:00:31,384 --> 00:00:32,994 ♪ That a man and another man can't elope ♪ 11 00:00:33,038 --> 00:00:35,301 ♪ But if you feel like I feel, I got the antidote... ♪ 12 00:00:35,344 --> 00:00:37,303 ♪ Hey, must be the money...♪ 13 00:00:37,346 --> 00:00:38,608 ♪ I met you 14 00:00:38,652 --> 00:00:40,349 ♪ I think I dreamed you 15 00:00:40,393 --> 00:00:44,353 ♪ Into life 16 00:00:44,397 --> 00:00:46,355 ♪ I knew I loved you 17 00:00:46,399 --> 00:00:48,009 Just drive, man. Just go. 18 00:00:48,053 --> 00:00:50,011 ♪ Before I met you 19 00:00:50,055 --> 00:00:52,970 What are you doing? Go fast. 20 00:00:53,014 --> 00:00:55,712 ♪ I have been waiting all my life ♪ 21 00:00:55,756 --> 00:00:58,715 ♪ Ooh 22 00:00:58,759 --> 00:00:59,977 You okay? 23 00:01:00,021 --> 00:01:01,675 Just drive, man. 24 00:01:01,718 --> 00:01:04,025 Just drive. 25 00:01:06,027 --> 00:01:07,898 [birds chirping] 26 00:01:11,946 --> 00:01:15,123 Dad, these expire today. 27 00:01:16,168 --> 00:01:18,518 It's fine, honey. 28 00:01:19,562 --> 00:01:20,911 Come on. 29 00:01:20,955 --> 00:01:22,696 I wouldn't feed you spoiled meat. 30 00:01:22,739 --> 00:01:26,134 Mom told me you used to cut mold off food and eat around it. 31 00:01:26,178 --> 00:01:28,136 Well, maybe when I was a kid. 32 00:01:28,180 --> 00:01:29,920 And I turned out okay, didn't I? 33 00:01:29,964 --> 00:01:31,444 [laughs] 34 00:01:31,487 --> 00:01:32,923 [doorbell rings] 35 00:01:32,967 --> 00:01:35,230 Kristen, the door! 36 00:01:36,884 --> 00:01:38,233 [doorbell rings] 37 00:01:41,497 --> 00:01:43,978 Afternoon, ma'am. 38 00:01:44,021 --> 00:01:45,327 We're looking for George Brown. 39 00:01:45,371 --> 00:01:47,242 I think you must have the wrong house. 40 00:01:47,286 --> 00:01:48,896 Nobody named George Brown lives here. 41 00:01:48,939 --> 00:01:50,941 George Brown? 42 00:01:50,985 --> 00:01:53,422 Are you addressing me? 43 00:01:53,466 --> 00:01:55,076 My name's James Grayson. 44 00:01:55,120 --> 00:01:57,383 Yeah, I'm sure you're right, Mr. Grayson. 45 00:01:57,426 --> 00:01:59,341 Mix-ups happen all the time. Could I trouble you 46 00:01:59,385 --> 00:02:00,864 to come down to the local police station with us 47 00:02:00,908 --> 00:02:02,257 so we can clear this up? 48 00:02:03,302 --> 00:02:05,391 I was barbecuing out back. 49 00:02:05,434 --> 00:02:08,045 I mean, is this important?Actually, we have 50 00:02:08,089 --> 00:02:09,873 an arrest warrant for George Brown 51 00:02:09,917 --> 00:02:11,484 for a murder in Staten Island. 52 00:02:11,527 --> 00:02:14,356 Thing is, all the authorities involved think he lives here. 53 00:02:14,400 --> 00:02:16,053 I think they think he's you. 54 00:02:16,097 --> 00:02:19,361 Pretty sure you're gonna want to come with us and clear this up. 55 00:02:19,405 --> 00:02:20,493 Look, I-I don't know what's going on, 56 00:02:20,536 --> 00:02:21,755 but he's not George Brown. 57 00:02:21,798 --> 00:02:24,279 He's Jim Grayson. James Grayson. 58 00:02:24,323 --> 00:02:28,196 Ma'am, I'd like you to lower your voice and back up. 59 00:02:30,242 --> 00:02:32,592 Mr. Grayson, you have a nice family here. 60 00:02:32,635 --> 00:02:34,507 You live in a nice neighborhood. 61 00:02:34,550 --> 00:02:37,205 Don't make me come back with sirens and lights and... 62 00:02:37,249 --> 00:02:39,990 Let's just clear this up. 63 00:02:40,034 --> 00:02:41,383 Are you sure they know 64 00:02:41,427 --> 00:02:42,776 we're just here to file a motion? 65 00:02:42,819 --> 00:02:44,212 We've been sitting here over an hour. 66 00:02:44,256 --> 00:02:45,822 Yeah, I've spoken to everybody. 67 00:02:45,866 --> 00:02:48,042 They all know why we're here. 68 00:02:48,085 --> 00:02:50,262 The next arraignment is for George Brown. 69 00:02:50,305 --> 00:02:52,264 The defendant doesn't have a lawyer. Mr. Colón. 70 00:02:52,307 --> 00:02:54,396 Would you be so kind 71 00:02:54,440 --> 00:02:56,485 as to stand in for Mr. Brown's arraignment? 72 00:02:56,529 --> 00:02:59,923 I love the way they make it sound like you have a choice. 73 00:02:59,967 --> 00:03:01,708 [chuckles] Yeah. 74 00:03:01,751 --> 00:03:03,971 I'd be, uh, happy to, Your Honor. 75 00:03:05,015 --> 00:03:06,974 Okay, uh... 76 00:03:07,017 --> 00:03:09,629 any family members here for George Brown? 77 00:03:09,672 --> 00:03:10,978 I'm his wife. 78 00:03:12,545 --> 00:03:15,591 I didn't know judges could just assign lawyers like that. 79 00:03:15,635 --> 00:03:16,766 Are you our lawyer now? 80 00:03:16,810 --> 00:03:19,421 No. No, I'm just standing in 81 00:03:19,465 --> 00:03:21,989 until your husband gets his own attorney. 82 00:03:22,032 --> 00:03:23,991 We only have a few minutes 83 00:03:24,034 --> 00:03:25,297 to try to argue bail. 84 00:03:25,340 --> 00:03:26,602 Is your husband employed? 85 00:03:26,646 --> 00:03:28,604 If so, where? 86 00:03:28,648 --> 00:03:30,302 Uh, what's your family life like? Does he have any friends? 87 00:03:30,345 --> 00:03:33,740 Yes. He owns a restaurant. 88 00:03:33,783 --> 00:03:36,133 He's a devoted father. We have three kids. 89 00:03:36,177 --> 00:03:38,310 He's in a bowling league. What else can I tell you? 90 00:03:38,353 --> 00:03:40,529 We just need to establish that he has roots in the community. 91 00:03:40,573 --> 00:03:42,052 They want to make sure he's not a flight risk. 92 00:03:42,096 --> 00:03:44,403 So, the police arrested your husband 93 00:03:44,446 --> 00:03:48,189 after looking for this murderer for 18 years? 94 00:03:48,233 --> 00:03:50,365 Mrs. Grayson, it doesn't seem 95 00:03:50,409 --> 00:03:52,237 like the kind of thing they would do baselessly. 96 00:03:52,280 --> 00:03:54,021 I don't know what to tell you. 97 00:03:54,064 --> 00:03:55,501 I haven't slept for two days. 98 00:03:55,544 --> 00:03:57,111 I just want my husband to come home. 99 00:03:57,154 --> 00:04:01,246 Look, my kids just want their dad to come home. 100 00:04:03,770 --> 00:04:05,859 [mouths] 101 00:04:09,341 --> 00:04:10,907 Are you my lawyer? 102 00:04:10,951 --> 00:04:13,867 For the purpose of this brief hearing. 103 00:04:13,910 --> 00:04:14,998 How bad is it? 104 00:04:15,042 --> 00:04:16,913 It's pretty bad. 105 00:04:16,957 --> 00:04:19,786 You're being charged with a count of felony murder. 106 00:04:19,829 --> 00:04:23,093 You're looking at 25 years to life. 107 00:04:23,137 --> 00:04:25,748 But all I did was drive a car. 108 00:04:25,792 --> 00:04:28,098 Please state your name for the court record. 109 00:04:37,847 --> 00:04:39,501 George Brown. 110 00:04:39,545 --> 00:04:41,416 JUDGE: How do you plead? 111 00:04:41,460 --> 00:04:44,245 BENNY: Your Honor, we'd like to enter a plea of not guilty. 112 00:04:44,289 --> 00:04:47,030 George Brown is a family man, father of three, 113 00:04:47,074 --> 00:04:48,771 community volunteer, 114 00:04:48,815 --> 00:04:50,817 small business owner, 115 00:04:50,860 --> 00:04:52,340 and he employs seven people in New Jersey. 116 00:04:52,384 --> 00:04:55,038 PELUSO: Your Honor, 18 years ago, 117 00:04:55,082 --> 00:04:56,518 George Brown was the getaway driver 118 00:04:56,562 --> 00:05:00,000 in a robbery at a Fast Cash Express check cashing store. 119 00:05:00,043 --> 00:05:01,915 His coconspirator and older brother, 120 00:05:01,958 --> 00:05:04,787 Richard Brown, held up a 25-year-old man 121 00:05:04,831 --> 00:05:07,137 by the name of Kirk Getty at gunpoint. 122 00:05:07,181 --> 00:05:09,270 He tied him up, gagged him, 123 00:05:09,314 --> 00:05:11,316 and Mr. Getty asphyxiated to death. 124 00:05:11,359 --> 00:05:15,798 The older Mr. Brown stole $8,000 and fled the scene of the crime. 125 00:05:15,842 --> 00:05:18,888 George Brown drove the getaway vehicle. 126 00:05:18,932 --> 00:05:21,064 Police arrested Richard, or Rick, 127 00:05:21,108 --> 00:05:23,153 a short while later. 128 00:05:23,197 --> 00:05:25,373 He was captured on tape calling George 129 00:05:25,417 --> 00:05:27,593 to tell him where the stolen money was hidden 130 00:05:27,636 --> 00:05:30,030 and to take the money and flee. 131 00:05:30,073 --> 00:05:33,250 And apparently started a new life as Jim Grayson. 132 00:05:33,294 --> 00:05:36,036 Did you know he had a brother?No. No. No. 133 00:05:36,079 --> 00:05:38,430 George Brown has been a fugitive from justice 134 00:05:38,473 --> 00:05:40,040 for 18 years, Your Honor. 135 00:05:40,083 --> 00:05:41,650 His fingerprints, 136 00:05:41,694 --> 00:05:43,260 lifted from the gun used in the robbery, 137 00:05:43,304 --> 00:05:44,653 were in the system 138 00:05:44,697 --> 00:05:46,829 and finally flagged in New Jersey a few days ago. 139 00:05:46,873 --> 00:05:49,179 He's clearly a flight risk. 140 00:05:49,223 --> 00:05:51,051 And that is why we are strenuously requesting 141 00:05:51,094 --> 00:05:53,706 that the Court deny Mr. Brown bail. 142 00:05:53,749 --> 00:05:55,490 So ordered. 143 00:05:55,534 --> 00:05:57,362 The defendant is remanded into custody. 144 00:06:06,066 --> 00:06:08,285 I'm so sorry. 145 00:06:08,329 --> 00:06:10,418 So, what happens now? 146 00:06:10,462 --> 00:06:13,639 Now you need to find a good criminal lawyer, 147 00:06:13,682 --> 00:06:16,206 someone who knows their way around felony murder. 148 00:06:16,250 --> 00:06:18,426 And where do we find one of those? 149 00:06:18,470 --> 00:06:21,429 When I get back to my office, I'll e-mail you a few names. 150 00:06:21,473 --> 00:06:24,127 And what about the two of you? 151 00:06:24,171 --> 00:06:27,043 Have you ever defended someone charged with felony murder? 152 00:06:27,087 --> 00:06:28,436 Yes. 153 00:06:28,480 --> 00:06:30,395 And did you win? 154 00:06:30,438 --> 00:06:31,787 Yes. 155 00:06:31,831 --> 00:06:33,963 So why don't we start with you. 156 00:06:34,007 --> 00:06:37,184 After the fantastic job we just did for you here? 157 00:06:37,227 --> 00:06:39,665 Apparently, he's been making them look like fools 158 00:06:39,708 --> 00:06:41,144 for almost 20 years. 159 00:06:41,188 --> 00:06:43,582 I don't think Johnnie Cochran could have gotten him off. 160 00:06:43,625 --> 00:06:45,192 We own a restaurant. 161 00:06:45,235 --> 00:06:46,976 We can pay you. 162 00:06:47,020 --> 00:06:49,196 Just meet with him. 163 00:06:49,239 --> 00:06:50,806 Listen to his side of the story. 164 00:06:50,850 --> 00:06:53,505 And then if it's not for you... 165 00:06:55,550 --> 00:06:57,160 I'll give him ten minutes. 166 00:06:57,204 --> 00:06:59,946 Thank you. Thank you so much. 167 00:07:01,730 --> 00:07:03,471 This is my boss, Dr. Jason Bull. 168 00:07:03,515 --> 00:07:06,256 Your wife wanted us to meet with you, 169 00:07:06,300 --> 00:07:08,911 hear your story, and see if we might 170 00:07:08,955 --> 00:07:11,131 want to be of help to you. 171 00:07:11,174 --> 00:07:13,438 How's she doing? 172 00:07:13,481 --> 00:07:16,136 About as well as can be expected 173 00:07:16,179 --> 00:07:18,312 given that after ten years of marriage, 174 00:07:18,355 --> 00:07:21,315 she just found out she doesn't really know you. 175 00:07:21,358 --> 00:07:24,710 She doesn't know your real name. 176 00:07:24,753 --> 00:07:26,494 You want to tell us how you got here? 177 00:07:26,538 --> 00:07:29,149 It's not much of a story. 178 00:07:32,152 --> 00:07:34,415 I was 18 years old. 179 00:07:34,459 --> 00:07:36,417 My older brother had a DUI, 180 00:07:36,461 --> 00:07:38,375 so I was driving him home from work. 181 00:07:38,419 --> 00:07:40,073 He was a janitor. 182 00:07:40,116 --> 00:07:42,336 2:00 to 10:00 at the mall. 183 00:07:42,379 --> 00:07:45,339 He said he wanted to go to this check cashing place. 184 00:07:45,382 --> 00:07:47,472 Did you go inside?I think 185 00:07:47,515 --> 00:07:49,517 I actually fell asleep in the car waiting. 186 00:07:51,345 --> 00:07:55,218 I had no idea he was planning on robbing the place. 187 00:07:55,262 --> 00:07:56,959 And what happened after that? 188 00:07:57,003 --> 00:07:59,962 Right after? A lot of nothing. 189 00:08:00,006 --> 00:08:02,399 Went about my life. I went to school the next day. 190 00:08:02,443 --> 00:08:03,531 Came home. He wasn't there. 191 00:08:03,575 --> 00:08:05,838 Figured he was at work. 192 00:08:05,881 --> 00:08:09,537 But then I went to pick him up, and he never came to the car. 193 00:08:09,581 --> 00:08:11,060 He was under arrest? 194 00:08:11,104 --> 00:08:12,322 Turns out he had gagged 195 00:08:12,366 --> 00:08:13,585 the guy behind the counter, 196 00:08:13,628 --> 00:08:15,630 but couldn't tie the gag with his gloves on, 197 00:08:15,674 --> 00:08:17,850 so he took them off. 198 00:08:17,893 --> 00:08:20,417 Once they had his prints, it was all over. 199 00:08:20,461 --> 00:08:22,724 And they picked him up at the mall. 200 00:08:22,768 --> 00:08:25,553 I, of course, knew none of this. 201 00:08:25,597 --> 00:08:28,295 Finally, Rick calls me a couple days later from jail. 202 00:08:28,338 --> 00:08:30,863 Tells me where the money is. Tells me to take it and run. 203 00:08:30,906 --> 00:08:33,909 So, if all you did was drive the car, 204 00:08:33,953 --> 00:08:36,129 and if you didn't even know what your brother did 205 00:08:36,172 --> 00:08:38,697 when he was inside the check cashing store, 206 00:08:38,740 --> 00:08:40,263 why did he tell you to run? 207 00:08:40,307 --> 00:08:41,656 Why didn't you go to the authorities, 208 00:08:41,700 --> 00:08:42,875 tell them your story? 209 00:08:42,918 --> 00:08:46,443 Rick told me the public defender told him 210 00:08:46,487 --> 00:08:49,229 they were about to put out a warrant for my arrest. 211 00:08:49,272 --> 00:08:50,752 They were convinced we were in it together. 212 00:08:50,796 --> 00:08:52,449 Something called a joint venture. 213 00:08:52,493 --> 00:08:54,364 Ah. In which case, 214 00:08:54,408 --> 00:08:57,324 even though you were only the getaway driver, 215 00:08:57,367 --> 00:08:58,673 in the eyes of the law, 216 00:08:58,717 --> 00:09:00,283 you're as guilty as the person who held the gun. 217 00:09:00,327 --> 00:09:04,331 And since someone died, everyone's charged with murder. 218 00:09:04,374 --> 00:09:05,898 Hmm. 219 00:09:05,941 --> 00:09:07,900 So now you're on the run. 220 00:09:07,943 --> 00:09:09,641 [exhales] 221 00:09:09,684 --> 00:09:12,078 Moved around New England for about a year. 222 00:09:12,121 --> 00:09:13,601 Slept in bus stations. 223 00:09:13,645 --> 00:09:15,864 Didn't talk to anyone. 224 00:09:15,908 --> 00:09:19,912 And then I met a guy selling drugs in the bus station 225 00:09:19,955 --> 00:09:22,218 who told me he could get me 226 00:09:22,262 --> 00:09:25,831 a dead person's Social Security number for $350. 227 00:09:27,833 --> 00:09:30,966 And Jim Grayson was born. 228 00:09:33,099 --> 00:09:35,318 Stupid. 229 00:09:35,362 --> 00:09:37,103 I went to renew my liquor license 230 00:09:37,146 --> 00:09:38,757 about a month ago. 231 00:09:38,800 --> 00:09:40,149 They asked for my prints. 232 00:09:40,193 --> 00:09:43,196 I didn't think a thing about it. 233 00:09:43,239 --> 00:09:46,025 Pretty sure that's what did me in. 234 00:09:49,811 --> 00:09:51,421 BENNY: Mrs. Grayson? 235 00:09:52,597 --> 00:09:54,424 So, that was an awfully long ten minutes. 236 00:09:54,468 --> 00:09:55,556 How's he doing? 237 00:09:55,600 --> 00:09:57,123 [chuckles] 238 00:09:57,166 --> 00:09:58,646 That's funny. 239 00:09:58,690 --> 00:10:00,953 He asked the exact same question about you. 240 00:10:00,996 --> 00:10:02,955 My sense is that he is overcome 241 00:10:02,998 --> 00:10:06,523 with regret and remorse, 242 00:10:06,567 --> 00:10:10,136 and at the exact same time, he is angry and bitter 243 00:10:10,179 --> 00:10:12,747 because any logical examination of the facts 244 00:10:12,791 --> 00:10:14,880 suggests that... 245 00:10:14,923 --> 00:10:17,012 he didn't really do anything. 246 00:10:17,056 --> 00:10:18,535 You sound like you're on his side. 247 00:10:18,579 --> 00:10:20,494 You sound like you believe him. 248 00:10:22,365 --> 00:10:23,889 I guess I do. 249 00:10:23,932 --> 00:10:26,979 Does that mean you'd be willing to represent him? 250 00:10:29,634 --> 00:10:31,940 I guess it does. 251 00:10:31,984 --> 00:10:33,986 ♪ 252 00:10:41,123 --> 00:10:42,472 ADA Peluso. Thanks for coming by. 253 00:10:42,516 --> 00:10:43,735 Dr. Bull's expecting you. 254 00:10:43,778 --> 00:10:46,912 Any excuse to get out of the office. 255 00:10:46,955 --> 00:10:49,610 So, I'm guessing we're all here to talk plea deal? 256 00:10:49,654 --> 00:10:51,177 Well, I can't speak for you, 257 00:10:51,220 --> 00:10:54,615 but Dr. Bull and I are here to talk about dismissal. 258 00:10:54,659 --> 00:10:57,662 Dismissal? Well, it's good to have a dream. 259 00:10:57,705 --> 00:10:58,575 [chuckles] 260 00:10:58,619 --> 00:11:00,577 Well, the joke's not lost on me, 261 00:11:00,621 --> 00:11:03,624 but let's talk it through for a second. 262 00:11:03,668 --> 00:11:05,408 No matter how you slice it, 263 00:11:05,452 --> 00:11:08,585 prosecuting that man is still a moral conundrum. 264 00:11:08,629 --> 00:11:12,764 After all, the primary function of our criminal justice system 265 00:11:12,807 --> 00:11:16,202 is to provide deterrence, protect society, 266 00:11:16,245 --> 00:11:18,247 punish people who commit crimes, 267 00:11:18,291 --> 00:11:21,686 and rehabilitate criminals once we have them in custody. 268 00:11:21,729 --> 00:11:23,731 Now, hasn't all of that 269 00:11:23,775 --> 00:11:25,907 already been accomplished with regard to George Brown? 270 00:11:25,951 --> 00:11:27,648 He's led a successful and productive life 271 00:11:27,692 --> 00:11:28,997 since the robbery. 272 00:11:29,041 --> 00:11:30,912 He's not a danger to society. 273 00:11:30,956 --> 00:11:34,176 And he has no intention to commit another crime. 274 00:11:34,220 --> 00:11:35,917 So... [chuckles] 275 00:11:35,961 --> 00:11:39,312 what would be the point of sending him to prison? 276 00:11:39,355 --> 00:11:43,142 Dr. Bull, this trial isn't an ethics symposium. 277 00:11:43,185 --> 00:11:45,622 We can't just give someone a "get out of jail free" card 278 00:11:45,666 --> 00:11:47,668 for evading the law. 279 00:11:47,712 --> 00:11:48,974 Come on, did you really think 280 00:11:49,017 --> 00:11:50,802 I was gonna roll over for you that easily? 281 00:11:50,845 --> 00:11:52,412 He's an innocent man. 282 00:11:52,455 --> 00:11:54,240 Maybe he is... 283 00:11:54,283 --> 00:11:56,808 and maybe he isn't. 284 00:11:56,851 --> 00:12:00,507 That is why we're having a trial. 285 00:12:00,550 --> 00:12:02,727 See you on the ice, gentlemen. 286 00:12:04,424 --> 00:12:05,773 BULL: A man can't be found guilty 287 00:12:05,817 --> 00:12:08,733 of a murder simply because it happened in his midst. 288 00:12:08,776 --> 00:12:11,648 And he absolutely can't be found guilty 289 00:12:11,692 --> 00:12:12,911 of a murder in which he took no part 290 00:12:12,954 --> 00:12:14,521 and was not even aware. 291 00:12:14,564 --> 00:12:16,218 BENNY: So that's our narrative? 292 00:12:16,262 --> 00:12:17,219 We're gonna make the government prove 293 00:12:17,263 --> 00:12:19,221 that George knew what was going on? 294 00:12:19,265 --> 00:12:21,528 Yeah. To be held accountable for a joint venture, 295 00:12:21,571 --> 00:12:23,312 George had to have known 296 00:12:23,356 --> 00:12:25,924 that his brother was gonna commit armed robbery. 297 00:12:25,967 --> 00:12:27,534 And he didn't know. 298 00:12:27,577 --> 00:12:29,579 How in the world are we gonna prove that? 299 00:12:29,623 --> 00:12:32,321 We'll start by showing the jury what kind of man he is. 300 00:12:32,365 --> 00:12:34,802 And the key to that is his wife. 301 00:12:34,846 --> 00:12:35,760 Chunk. 302 00:12:35,803 --> 00:12:37,326 Let's get her in here. 303 00:12:37,370 --> 00:12:38,763 What's important 304 00:12:38,806 --> 00:12:40,068 is when she is sitting in that courtroom, 305 00:12:40,112 --> 00:12:42,810 that she sends the right message to the jurors. 306 00:12:42,854 --> 00:12:44,594 She loves this man. 307 00:12:44,638 --> 00:12:46,814 She trusts this man. 308 00:12:46,858 --> 00:12:48,598 This is a good man. 309 00:12:48,642 --> 00:12:50,862 All right. I'll do whatever I can 310 00:12:50,905 --> 00:12:52,820 to get her in here today. 311 00:12:52,864 --> 00:12:55,170 And what do we know about how and from whom 312 00:12:55,214 --> 00:12:57,477 he bought this fake Social Security number? 313 00:12:57,520 --> 00:12:59,827 Well, he says he met a guy at a bus station. 314 00:12:59,871 --> 00:13:00,959 Says his name was Joe, 315 00:13:01,002 --> 00:13:03,135 and he sold cell phones in Burlington, 316 00:13:03,178 --> 00:13:04,701 which makes sense, 317 00:13:04,745 --> 00:13:06,878 'cause to buy a cell phone, you have to buy a plan; 318 00:13:06,921 --> 00:13:08,618 to buy a plan, you have to give the merchant 319 00:13:08,662 --> 00:13:09,837 your Social Security number. 320 00:13:09,881 --> 00:13:11,839 Well, at least you did back then. 321 00:13:11,883 --> 00:13:13,841 Any thoughts on voir dire? 322 00:13:13,885 --> 00:13:15,712 The more I think about it, the more I think 323 00:13:15,756 --> 00:13:19,194 the answer lies in... generativity. 324 00:13:19,238 --> 00:13:20,848 Okay, I'm out. 325 00:13:20,892 --> 00:13:22,589 Yeah, me, too. 326 00:13:22,632 --> 00:13:23,938 Seven years of college 327 00:13:23,982 --> 00:13:26,158 and I have no idea what you're talking about. 328 00:13:26,201 --> 00:13:29,248 Generativity is the concern for, 329 00:13:29,291 --> 00:13:31,598 and belief in, the future. 330 00:13:31,641 --> 00:13:33,556 And a commitment to the idea that no matter 331 00:13:33,600 --> 00:13:37,169 how bad things may be at any given moment, 332 00:13:37,212 --> 00:13:40,085 you can persevere and redeem yourself. 333 00:13:41,738 --> 00:13:43,566 Let me give you an example. 334 00:13:43,610 --> 00:13:44,829 Marissa. 335 00:13:44,872 --> 00:13:47,701 If you say so. 336 00:13:47,744 --> 00:13:49,137 I mean it as a compliment. 337 00:13:49,181 --> 00:13:51,574 It's an admirable quality in a person. 338 00:13:51,618 --> 00:13:54,403 So, tell me your life story. 339 00:13:54,447 --> 00:13:56,753 Boil it down to what you think's relevant. 340 00:13:56,797 --> 00:14:00,801 I was adopted into a wonderful family. 341 00:14:00,845 --> 00:14:02,890 And meeting my birth parents 342 00:14:02,934 --> 00:14:04,631 made me appreciate different ways 343 00:14:04,674 --> 00:14:06,502 my life could have ended up. 344 00:14:07,852 --> 00:14:09,897 But I like the way it's gone. 345 00:14:09,941 --> 00:14:12,247 I worked for Homeland Security. 346 00:14:12,291 --> 00:14:15,163 I developed an algorithm to try to help understand people, 347 00:14:15,207 --> 00:14:18,514 which led me to you. 348 00:14:18,558 --> 00:14:22,170 I have had a string of interesting relationships. 349 00:14:22,214 --> 00:14:26,522 Some good, one Kyle. 350 00:14:26,566 --> 00:14:29,395 But none of them broke me, 351 00:14:29,438 --> 00:14:31,919 and none of them made me who I am. 352 00:14:34,443 --> 00:14:35,967 You see? 353 00:14:36,010 --> 00:14:37,751 Highly generative people, 354 00:14:37,794 --> 00:14:39,579 they're driven to help others 355 00:14:39,622 --> 00:14:40,928 for the betterment of the future, 356 00:14:40,972 --> 00:14:42,974 because they see the arcs of their lives 357 00:14:43,017 --> 00:14:45,324 as redemption stories. 358 00:14:45,367 --> 00:14:46,934 And that's what we want. 359 00:14:46,978 --> 00:14:50,329 Jurors, who no matter what the prosecution presents, 360 00:14:50,372 --> 00:14:52,897 will only see a man who's changed, 361 00:14:52,940 --> 00:14:56,857 making a good life out of a bad circumstance. 362 00:14:56,901 --> 00:14:58,163 BENNY: So tell me, 363 00:14:58,206 --> 00:15:00,426 if you lost your job today, 364 00:15:00,469 --> 00:15:02,254 where would you be in five years? 365 00:15:02,297 --> 00:15:05,300 I guess I'd try to find a similar position somewhere else. 366 00:15:05,344 --> 00:15:07,346 And if that didn't work, well, 367 00:15:07,389 --> 00:15:09,130 I'd just try and find another job. 368 00:15:09,174 --> 00:15:12,046 I'd like to think I'm the captain of my own destiny. 369 00:15:14,483 --> 00:15:17,660 This juror is acceptable to the defense, Your Honor. 370 00:15:17,704 --> 00:15:19,793 MARISSA: This should be interesting. 371 00:15:19,836 --> 00:15:23,710 Harold King was essentially homeless from the age of 13 on. 372 00:15:23,753 --> 00:15:26,495 Grew up on the streets, hustling for food and money. 373 00:15:26,539 --> 00:15:28,758 Finally got a legitimate job working 374 00:15:28,802 --> 00:15:30,499 for a private sanitation company. 375 00:15:30,543 --> 00:15:32,675 Worked there for 22 years, 376 00:15:32,719 --> 00:15:34,764 till he was suddenly laid off last Christmas. 377 00:15:34,808 --> 00:15:36,723 Six weeks later, his wife left him. 378 00:15:36,766 --> 00:15:38,551 It's a wonder he can get out of bed. 379 00:15:38,594 --> 00:15:40,814 Let me ask you a question, sir. 380 00:15:40,857 --> 00:15:42,947 Would you trade your life for anyone else's? 381 00:15:44,426 --> 00:15:45,993 Not a chance in hell. 382 00:15:46,037 --> 00:15:49,605 Everything I've been through has made me who I am today. 383 00:15:49,649 --> 00:15:51,956 I love that man. 384 00:15:54,959 --> 00:15:57,962 "Mr. Palmer, you continue to confuse the law 385 00:15:58,005 --> 00:15:59,746 "with some kind of game show. 386 00:15:59,789 --> 00:16:01,748 "It's not about winning and losing. 387 00:16:01,791 --> 00:16:03,968 It's about the search for what is right." 388 00:16:04,011 --> 00:16:06,709 A "D." Damn it. A "D"? 389 00:16:06,753 --> 00:16:08,059 [scoffs] 390 00:16:08,102 --> 00:16:09,799 [knocking on door] 391 00:16:09,843 --> 00:16:12,237 Hi. I'm Kristen. 392 00:16:12,280 --> 00:16:14,761 Jim's wife-- uh, George's wife. 393 00:16:14,804 --> 00:16:16,719 I-I just came straight from the courthouse. 394 00:16:16,763 --> 00:16:20,027 Dr. Bull wanted me to do some witness prep? 395 00:16:20,071 --> 00:16:22,682 Although, nobody's told me I was going to be a witness. 396 00:16:22,725 --> 00:16:24,075 Oh, hi. 397 00:16:24,118 --> 00:16:25,902 I'm Chunk Palmer. It's nice to meet you. 398 00:16:25,946 --> 00:16:27,948 And no, you won't be going on the stand. 399 00:16:27,992 --> 00:16:30,907 Not in the immediate future, at least. 400 00:16:30,951 --> 00:16:32,387 Then what's the point? 401 00:16:35,086 --> 00:16:37,914 We just want to make sure that you're mindful, 402 00:16:37,958 --> 00:16:40,221 that even when you're sitting in the gallery, 403 00:16:40,265 --> 00:16:42,919 that the jury is still watching you. 404 00:16:42,963 --> 00:16:46,010 No. I know. 405 00:16:46,053 --> 00:16:47,446 It's important. 406 00:16:47,489 --> 00:16:49,404 It's all important. 407 00:16:49,448 --> 00:16:51,058 I actually went 408 00:16:51,102 --> 00:16:54,540 to go see him last night in jail. 409 00:16:54,583 --> 00:16:56,803 Not a moment I ever imagined, 410 00:16:56,846 --> 00:16:59,675 but I needed to know what was true and what wasn't, 411 00:16:59,719 --> 00:17:03,070 about everything he's ever told me. 412 00:17:03,114 --> 00:17:06,030 And he was honest about everything that mattered. 413 00:17:07,466 --> 00:17:11,774 I mentioned our kids and he cried. 414 00:17:11,818 --> 00:17:13,167 Do you have kids? 415 00:17:13,211 --> 00:17:15,822 Yeah. One. 416 00:17:15,865 --> 00:17:18,999 They're just... your everything. 417 00:17:19,043 --> 00:17:21,654 And the shock of all of it, 418 00:17:21,697 --> 00:17:23,786 knowing that their last names-- 419 00:17:23,830 --> 00:17:26,528 my last name-- is made up, bought. 420 00:17:26,572 --> 00:17:29,140 I got so mad. 421 00:17:29,183 --> 00:17:32,882 And then he reminded me that their first names... 422 00:17:32,926 --> 00:17:35,059 those were ours. 423 00:17:36,930 --> 00:17:39,106 Our first baby, Malone, 424 00:17:39,150 --> 00:17:42,022 before she arrived, we had no money. 425 00:17:42,066 --> 00:17:43,502 And so for fun, we would go 426 00:17:43,545 --> 00:17:45,025 to these minor league baseball games. 427 00:17:45,069 --> 00:17:48,159 And they cost, like, two dollars a ticket. 428 00:17:48,202 --> 00:17:51,031 And they had this shortstop, Malone Jackson. 429 00:17:51,075 --> 00:17:53,338 And Jimmy... 430 00:17:53,381 --> 00:17:55,427 George loved him. 431 00:17:55,470 --> 00:17:57,081 He loves everything about baseball, 432 00:17:57,124 --> 00:17:59,996 but he really loved him. 433 00:18:00,040 --> 00:18:01,694 And so I loved him, too. 434 00:18:03,478 --> 00:18:07,134 And when the baby came, and she was a she, 435 00:18:07,178 --> 00:18:09,963 we said "so what," 436 00:18:10,006 --> 00:18:13,097 and she became Malone. 437 00:18:16,926 --> 00:18:18,841 That's her. 438 00:18:18,885 --> 00:18:20,756 That's Malone. [sniffs] 439 00:18:20,800 --> 00:18:24,151 And Ella and Richard. 440 00:18:24,195 --> 00:18:27,850 They're with my mom right now. 441 00:18:27,894 --> 00:18:30,157 They miss him so much. 442 00:18:32,551 --> 00:18:34,074 This... 443 00:18:34,118 --> 00:18:37,164 how you look and feel right now, 444 00:18:37,208 --> 00:18:38,731 that's what we need in the courtroom. 445 00:18:38,774 --> 00:18:41,734 So, when you're sitting there, 446 00:18:41,777 --> 00:18:43,344 and the prosecution is making him out 447 00:18:43,388 --> 00:18:45,825 to be anything but the man you know, 448 00:18:45,868 --> 00:18:49,220 remember this feeling. 449 00:18:49,263 --> 00:18:51,874 It's gonna give you peace. 450 00:18:51,918 --> 00:18:56,140 And it's gonna help the jury see who George really is. 451 00:19:11,067 --> 00:19:13,200 Ladies and gentleman of the jury, 452 00:19:13,244 --> 00:19:17,117 I am here to tell you about an innocent man, 453 00:19:17,161 --> 00:19:20,425 who endured difficult circumstances 454 00:19:20,468 --> 00:19:22,122 early in his life, 455 00:19:22,166 --> 00:19:25,734 only to make something of himself. 456 00:19:25,778 --> 00:19:29,825 My client was born George Brown, 457 00:19:29,869 --> 00:19:32,872 to parents Malone and Ella Brown. 458 00:19:32,915 --> 00:19:34,482 [gasps] 459 00:19:34,526 --> 00:19:37,659 Both parents were killed in a car accident 460 00:19:37,703 --> 00:19:39,487 when George was only ten. 461 00:19:39,531 --> 00:19:41,141 And his brother, Richard Brown, 462 00:19:41,185 --> 00:19:42,534 raised him for the next eight years. 463 00:19:42,577 --> 00:19:44,275 Your wife suddenly 464 00:19:44,318 --> 00:19:46,842 seems very upset.BENNY: George Brown is a loving husband... 465 00:19:46,886 --> 00:19:48,627 Marissa, is Chunk there?BENNY: ...a devoted father... 466 00:19:48,670 --> 00:19:50,890 Did he even prepare Kristen at all? 467 00:19:50,933 --> 00:19:52,674 She looks like she's about to fall apart. 468 00:19:52,718 --> 00:19:54,241 I don't know what to say. 469 00:19:54,285 --> 00:19:56,112 I worked with the woman for almost an hour. 470 00:19:56,156 --> 00:19:59,028 Here it is online. Malone and Ella Brown. 471 00:19:59,072 --> 00:20:02,206 "Fatal collision kills parents of two in Staten Island." 472 00:20:02,249 --> 00:20:03,642 Wait a second. 473 00:20:03,685 --> 00:20:06,340 Did you say Malone and Ella? 474 00:20:06,384 --> 00:20:09,125 Those are his parents' names? 475 00:20:09,169 --> 00:20:11,258 Those are the names of their kids. 476 00:20:11,302 --> 00:20:13,478 He lied to her again. 477 00:20:13,521 --> 00:20:16,002 BENNY: The two boys didn't have an easy time of it, 478 00:20:16,045 --> 00:20:19,788 but nonetheless, they had to do what they had to do, 479 00:20:19,832 --> 00:20:21,312 in order to get on...Face front. 480 00:20:21,355 --> 00:20:22,313 You're only making things worse. 481 00:20:22,356 --> 00:20:23,879 BENNY: The older brother, Richard, 482 00:20:23,923 --> 00:20:26,273 took a job as a janitor at the local mall, 483 00:20:26,317 --> 00:20:28,188 and George went about 484 00:20:28,232 --> 00:20:30,408 completing his high school education. 485 00:20:30,451 --> 00:20:32,236 [gallery murmuring] 486 00:20:36,370 --> 00:20:37,937 [door closes][sighs] 487 00:20:43,856 --> 00:20:45,901 [knocking on door] 488 00:20:53,344 --> 00:20:55,476 You okay? 489 00:20:55,520 --> 00:20:57,478 My children are named after parents 490 00:20:57,522 --> 00:20:59,306 I never knew anything about, 491 00:20:59,350 --> 00:21:01,482 and a brother-in-law I never met. 492 00:21:01,526 --> 00:21:03,441 Why would he do that? 493 00:21:03,484 --> 00:21:05,486 That's not a lie he needed to tell me, 494 00:21:05,530 --> 00:21:08,315 and how many more of those are there? 495 00:21:08,359 --> 00:21:11,144 Well, lies are funny things. 496 00:21:11,187 --> 00:21:14,060 I can tell you from personal experience, 497 00:21:14,103 --> 00:21:17,629 you convince yourself there's only one lie 498 00:21:17,672 --> 00:21:19,413 you need to tell out of necessity. 499 00:21:21,023 --> 00:21:23,548 And then the others... 500 00:21:23,591 --> 00:21:27,334 the others just... happen. 501 00:21:27,378 --> 00:21:29,249 It's all too much. 502 00:21:29,293 --> 00:21:30,598 I know it seems that way, 503 00:21:30,642 --> 00:21:32,731 but he needs you. 504 00:21:32,774 --> 00:21:34,602 And tomorrow, the prosecution 505 00:21:34,646 --> 00:21:36,474 is gonna begin to present its case. 506 00:21:36,517 --> 00:21:39,172 And if you're not there, he has no one, 507 00:21:39,215 --> 00:21:41,479 and the jury's gonna notice. 508 00:21:41,522 --> 00:21:43,568 They certainly did when you left. 509 00:21:43,611 --> 00:21:44,873 PELUSO: So after executing 510 00:21:44,917 --> 00:21:46,658 the search warrant on the suspect's premises, 511 00:21:46,701 --> 00:21:47,963 what did you find? 512 00:21:48,007 --> 00:21:50,357 We found a gun under a mattress 513 00:21:50,401 --> 00:21:52,446 in what we determined to be Rick Brown's bedroom 514 00:21:52,490 --> 00:21:55,710 in the apartment that, uh, Rick and George Brown lived in. 515 00:21:55,754 --> 00:21:57,582 Stop looking for her.PELUSO: Were you able to lift fingerprints... 516 00:21:57,625 --> 00:21:59,453 All you're doing is calling the jury's attention 517 00:21:59,497 --> 00:22:01,542 to the fact that she's not here.DETECTIVE: Yes. Two sets. 518 00:22:01,586 --> 00:22:03,196 Did you determine who they belonged to? 519 00:22:03,239 --> 00:22:05,503 Rick Brown and the defendant, George Brown. 520 00:22:05,546 --> 00:22:07,592 [gallery murmuring] 521 00:22:07,635 --> 00:22:09,681 [clears throat] 522 00:22:09,724 --> 00:22:11,900 [exhales] 523 00:22:11,944 --> 00:22:15,164 You sent the gun to the crime lab. 524 00:22:15,208 --> 00:22:16,557 We certainly did. 525 00:22:16,601 --> 00:22:18,733 And you got my client's prints back. 526 00:22:18,777 --> 00:22:20,126 We certainly did. 527 00:22:24,783 --> 00:22:26,785 [gallery murmuring] 528 00:22:33,531 --> 00:22:35,359 [quietly]: Tell Chunk mission accomplished. 529 00:22:35,402 --> 00:22:36,882 And thank you. 530 00:22:37,926 --> 00:22:41,669 Now, just to be clear, 531 00:22:41,713 --> 00:22:44,672 do these prints show you 532 00:22:44,716 --> 00:22:47,371 when George Brown touched the gun? 533 00:22:47,414 --> 00:22:48,676 No. 534 00:22:48,720 --> 00:22:51,679 And do they reveal how he handled the gun? 535 00:22:51,723 --> 00:22:53,638 I mean, I would think there's one set 536 00:22:53,681 --> 00:22:56,989 of prints you typically get when someone uses a gun 537 00:22:57,032 --> 00:22:59,165 and perhaps a different pattern of prints 538 00:22:59,208 --> 00:23:01,472 when someone handles the gun. 539 00:23:01,515 --> 00:23:04,779 Uh, picks it up, uh, to move it. 540 00:23:04,823 --> 00:23:05,780 Something like that. 541 00:23:05,824 --> 00:23:07,216 I suppose that's true. 542 00:23:07,260 --> 00:23:10,176 Well, it's either true or it isn't, Detective. 543 00:23:10,219 --> 00:23:11,569 Yes. 544 00:23:11,612 --> 00:23:13,266 If someone used the gun, 545 00:23:13,309 --> 00:23:14,833 the location of the prints would be different 546 00:23:14,876 --> 00:23:16,443 than if somebody handled the gun. 547 00:23:16,487 --> 00:23:18,402 BENNY: And would you say 548 00:23:18,445 --> 00:23:21,796 that the pattern of his prints is consistent 549 00:23:21,840 --> 00:23:24,103 with someone who had used the gun? 550 00:23:25,757 --> 00:23:26,888 No, 551 00:23:26,932 --> 00:23:28,107 I would not. 552 00:23:28,150 --> 00:23:29,282 BENNY: And you've already testified 553 00:23:29,325 --> 00:23:31,806 that the prints don't indicate 554 00:23:31,850 --> 00:23:34,026 when my client might have handled the gun. 555 00:23:34,069 --> 00:23:35,462 Isn't that correct? 556 00:23:35,506 --> 00:23:36,898 Your Honor, counsel's testifying. 557 00:23:36,942 --> 00:23:37,899 Overruled. 558 00:23:37,943 --> 00:23:39,466 Continue, Mr. Colón. 559 00:23:39,510 --> 00:23:40,467 Yes, Your Honor. 560 00:23:40,511 --> 00:23:43,339 So, to sum it up, 561 00:23:43,383 --> 00:23:45,907 you have my client's prints 562 00:23:45,951 --> 00:23:48,649 on a gun that belonged to a man 563 00:23:48,693 --> 00:23:52,653 that he had shared a home with his entire life. 564 00:23:52,697 --> 00:23:54,438 Not a surprise. 565 00:23:54,481 --> 00:23:57,005 The prints don't prove he used the gun 566 00:23:57,049 --> 00:24:00,182 or that it was in his possession 567 00:24:00,226 --> 00:24:03,838 at any time in or around the robbery. 568 00:24:03,882 --> 00:24:07,755 Is that an accurate reflection of your testimony, Detective? 569 00:24:08,800 --> 00:24:10,323 Yes. 570 00:24:10,366 --> 00:24:12,151 No further questions, Your Honor. 571 00:24:14,849 --> 00:24:16,155 How's the weather over there? 572 00:24:16,198 --> 00:24:17,722 We still frozen out? 573 00:24:17,765 --> 00:24:19,985 Actually, I'm starting to feel a bit of a thaw. 574 00:24:20,028 --> 00:24:22,161 We picked up one green juror. 575 00:24:22,204 --> 00:24:24,380 I'll take it. 576 00:24:24,424 --> 00:24:25,947 And I just had a thought. 577 00:24:25,991 --> 00:24:27,688 See if you can get Benny and me 578 00:24:27,732 --> 00:24:30,038 two visitors' passes to Green Haven. 579 00:24:31,213 --> 00:24:34,521 We'd like to sit down with Rick Brown. 580 00:24:34,565 --> 00:24:36,567 [lock buzzes] 581 00:24:40,875 --> 00:24:43,661 Mr. Brown, my name's Dr. Jason Bull. 582 00:24:43,704 --> 00:24:44,923 This is 583 00:24:44,966 --> 00:24:46,751 Benjamin Colón. 584 00:24:46,794 --> 00:24:48,927 We're here on behalf of your brother, George Brown. 585 00:24:48,970 --> 00:24:50,798 On behalf of your brother 586 00:24:50,842 --> 00:24:53,061 and his wife Kristen 587 00:24:53,105 --> 00:24:55,411 and their three children, 588 00:24:55,455 --> 00:24:57,805 your nieces and nephew. 589 00:24:59,241 --> 00:25:01,417 He's a dad? He's a... 590 00:25:01,461 --> 00:25:04,246 I'm an uncle? 591 00:25:04,290 --> 00:25:06,858 [exhales] Uh... 592 00:25:08,816 --> 00:25:11,732 Wh-Where is he? Is he okay? 593 00:25:11,776 --> 00:25:14,039 He's on trial for the murder of Kirk Getty. 594 00:25:17,042 --> 00:25:20,175 My God. 595 00:25:20,219 --> 00:25:22,526 BULL: We're trying to help your brother. 596 00:25:22,569 --> 00:25:23,918 Mr. Colón is his attorney, 597 00:25:23,962 --> 00:25:26,834 and I'm what they call a trial scientist. 598 00:25:26,878 --> 00:25:29,576 Now, obviously, we know George's version 599 00:25:29,620 --> 00:25:32,144 of what happened that night. But only you know 600 00:25:32,187 --> 00:25:35,800 what went on inside the check cashing shop. 601 00:25:35,843 --> 00:25:38,193 RICK: What do you want to know? 602 00:25:38,237 --> 00:25:40,587 I was-was all bundled up. 603 00:25:40,631 --> 00:25:42,546 Big coat. 604 00:25:42,589 --> 00:25:43,938 Scarves. 605 00:25:43,982 --> 00:25:45,984 Ski gloves. 606 00:25:46,985 --> 00:25:49,465 It was cold. 607 00:25:49,509 --> 00:25:51,685 Plus... [stammers] 608 00:25:51,729 --> 00:25:53,557 I knew there was a camera. 609 00:25:53,600 --> 00:25:54,949 And you were armed? 610 00:25:54,993 --> 00:25:56,560 I had a gun. 611 00:25:56,603 --> 00:25:58,562 And it wasn't loaded. 612 00:26:00,041 --> 00:26:02,000 Plus, I-I was wearing gloves. 613 00:26:02,043 --> 00:26:04,916 [stammers] You ever try to hold a gun 614 00:26:04,959 --> 00:26:05,873 while you're wearing ski gloves? 615 00:26:05,917 --> 00:26:07,222 BENNY: Wait a second. 616 00:26:07,266 --> 00:26:09,616 Go back to the part where the gun wasn't loaded. 617 00:26:09,660 --> 00:26:11,879 What about it? There was no reason toload it. 618 00:26:11,923 --> 00:26:14,012 I wasn't planning on shooting it. 619 00:26:14,055 --> 00:26:15,491 And why was that? 620 00:26:15,535 --> 00:26:18,059 Because I wasn't planning on killing Kirk. 621 00:26:18,103 --> 00:26:19,931 He was my friend. 622 00:26:21,497 --> 00:26:24,065 Well, if you didn't plan on using the gun 623 00:26:24,109 --> 00:26:26,241 and Kirk was your friend, 624 00:26:26,285 --> 00:26:28,635 what was your plan?I was planning 625 00:26:28,679 --> 00:26:29,767 on paying some bills. 626 00:26:29,810 --> 00:26:32,247 I was planning on being a good brother. 627 00:26:32,291 --> 00:26:34,946 George started talking about wanting to go 628 00:26:34,989 --> 00:26:37,339 to cooking school after he graduated. 629 00:26:39,559 --> 00:26:41,039 And I met this guy at the mall. 630 00:26:41,082 --> 00:26:43,563 He worked at the Sunglass Hut. 631 00:26:43,607 --> 00:26:47,306 He ended up getting a job at the check cashing place. 632 00:26:47,349 --> 00:26:50,309 And he wanted to buy a motorcycle, this guy. 633 00:26:50,352 --> 00:26:52,659 [stammers] 634 00:26:52,703 --> 00:26:55,706 We thought we were so freakin' brilliant. 635 00:26:55,749 --> 00:26:56,794 Wait a second. I'm... 636 00:26:56,837 --> 00:26:58,056 I'm confused. 637 00:26:58,099 --> 00:27:00,841 So, your friend, how did he die? 638 00:27:00,885 --> 00:27:03,104 We knew that they had cameras. 639 00:27:03,148 --> 00:27:05,846 We knew we had to put on a show. 640 00:27:05,890 --> 00:27:08,283 I came in there, waved the gun around, 641 00:27:08,327 --> 00:27:12,026 I tied him up, put a gag in his mouth. 642 00:27:12,070 --> 00:27:14,986 And then I don't know what happened. 643 00:27:15,029 --> 00:27:17,423 By the time I was done, 644 00:27:17,466 --> 00:27:20,513 you know, they to-- they told me they think he panicked. 645 00:27:20,556 --> 00:27:24,648 He threw up, choked on his own vomit. 646 00:27:27,041 --> 00:27:29,435 Tell me about George. 647 00:27:29,478 --> 00:27:31,176 You tell me about George. 648 00:27:31,219 --> 00:27:33,744 Did he have any idea what was going on? 649 00:27:33,787 --> 00:27:35,093 Not a clue. He was just... 650 00:27:35,136 --> 00:27:36,703 He was my ride. That's all. 651 00:27:36,747 --> 00:27:39,053 Period. 652 00:27:39,097 --> 00:27:40,707 You want to make this right? 653 00:27:40,751 --> 00:27:43,057 What do you mean? How? 654 00:27:43,101 --> 00:27:45,059 Testify on his behalf. 655 00:27:45,103 --> 00:27:46,234 I'd love to. 656 00:27:46,278 --> 00:27:47,975 But who's gonna believe me? 657 00:27:48,019 --> 00:27:48,976 [chuckles] 658 00:27:49,020 --> 00:27:50,543 You let us worry about that. 659 00:27:50,586 --> 00:27:51,892 [gavel bangs] 660 00:27:53,024 --> 00:27:55,200 Your brother said to say hello.Rick? 661 00:27:55,243 --> 00:27:58,246 H-How is he? Is he okay? 662 00:27:58,290 --> 00:28:00,814 As okay as you can be in prison. 663 00:28:00,858 --> 00:28:02,163 He feels terrible 664 00:28:02,207 --> 00:28:04,078 about everything that's happening to you. 665 00:28:04,122 --> 00:28:05,689 He wants to help. 666 00:28:07,647 --> 00:28:09,083 So... 667 00:28:09,127 --> 00:28:11,259 the court officer just informed me 668 00:28:11,303 --> 00:28:13,871 that the judge wants to have a meeting in his chambers. 669 00:28:13,914 --> 00:28:14,872 [sighs] 670 00:28:14,915 --> 00:28:16,308 PELUSO: Yes, 671 00:28:16,351 --> 00:28:18,353 I am asking to call a surprise witness. 672 00:28:18,397 --> 00:28:20,486 But it's as much a surprise to me as it is to you, Your Honor. 673 00:28:20,529 --> 00:28:22,706 We just put this piece of the puzzle together yesterday. 674 00:28:22,749 --> 00:28:25,012 BENNY: Your Honor, what may or may not have happened 675 00:28:25,056 --> 00:28:28,015 three years after the crime that my client is on trial for 676 00:28:28,059 --> 00:28:29,582 is completely irrelevant. 677 00:28:29,625 --> 00:28:31,976 I disagree. It is the very definition of relevance. 678 00:28:32,019 --> 00:28:33,499 It's a subsequent bad act. 679 00:28:33,542 --> 00:28:36,197 Your client used his stolen identity to commit larceny 680 00:28:36,241 --> 00:28:38,025 in the state of New Hampshire. 681 00:28:38,069 --> 00:28:40,985 He bought $10,000 worth of electronics at a Best Buy 682 00:28:41,028 --> 00:28:42,551 with a fraudulently acquired credit card 683 00:28:42,595 --> 00:28:43,727 and never paid it off. 684 00:28:43,770 --> 00:28:45,990 Well, maybe he did, maybe he didn't. 685 00:28:46,033 --> 00:28:48,209 Let's not forget none of this has been proven. But, 686 00:28:48,253 --> 00:28:50,864 as Mr. Colón pointed out, how would credit card theft 687 00:28:50,908 --> 00:28:53,040 illuminate for the jury whether or not Mr. Brown 688 00:28:53,084 --> 00:28:54,389 was party to a murder? 689 00:28:54,433 --> 00:28:56,740 Well, for one, it might very well suggest 690 00:28:56,783 --> 00:28:59,960 a pattern of lawlessness that the jury could find compelling 691 00:29:00,004 --> 00:29:01,962 as they try to wrestle with the key question here, 692 00:29:02,006 --> 00:29:05,096 which is, how much did Mr. Brown actually know 693 00:29:05,139 --> 00:29:06,619 about what he was doing that night? 694 00:29:06,662 --> 00:29:09,100 Really, Your Honor? The possibility that my client 695 00:29:09,143 --> 00:29:12,016 may have bought a TV and DVD player and never paid for it 696 00:29:12,059 --> 00:29:15,149 somehow makes him a more plausible coconspirator 697 00:29:15,193 --> 00:29:16,107 to murder? 698 00:29:16,150 --> 00:29:17,673 Are you lecturing me, sir? 699 00:29:17,717 --> 00:29:19,414 [sarcastically]: Of course not, Your Honor. 700 00:29:21,460 --> 00:29:23,070 I'm going to allow the witness. 701 00:29:23,114 --> 00:29:25,116 But I'm calling 702 00:29:25,159 --> 00:29:27,205 a recess for today to allow both sides 703 00:29:27,248 --> 00:29:30,121 to prepare.PELUSO: Thank you for allowing the witness. 704 00:29:30,164 --> 00:29:31,905 And thank you for the time to prepare.BENNY: Yes. 705 00:29:31,949 --> 00:29:34,690 Thank you for the time to prepare. 706 00:29:34,734 --> 00:29:36,910 You're all very welcome. 707 00:29:43,699 --> 00:29:45,701 [sighs] Even if we do put his brother on the stand, 708 00:29:45,745 --> 00:29:48,400 he's right. Who's gonna believe him? 709 00:29:48,443 --> 00:29:50,184 BENNY: It's a tough story to buy into. 710 00:29:50,228 --> 00:29:51,795 "My friend and I planned 711 00:29:51,838 --> 00:29:52,839 "this robbery together. 712 00:29:52,883 --> 00:29:54,145 "He just happened to die. And, oh, 713 00:29:54,188 --> 00:29:56,756 "uh, by the way, my brother had no idea 714 00:29:56,800 --> 00:29:59,063 what we were up to"?Not to pour salt in the wound, 715 00:29:59,106 --> 00:30:01,979 but the two green jurors that we still have, they're soft. 716 00:30:02,022 --> 00:30:04,633 Based on my focus group work, 717 00:30:04,677 --> 00:30:06,635 it's not gonna take much to turn them red. 718 00:30:06,679 --> 00:30:07,723 [knocking] 719 00:30:07,767 --> 00:30:08,855 I don't want to hear it! 720 00:30:08,899 --> 00:30:11,031 I've had enough bad news for one day. 721 00:30:11,075 --> 00:30:13,860 Too damn bad. I'm coming in. 722 00:30:13,904 --> 00:30:16,254 Wow, look at all the happy faces. 723 00:30:16,297 --> 00:30:18,082 [Bull sighs] 724 00:30:18,125 --> 00:30:19,997 You come up with something to refute the charges 725 00:30:20,040 --> 00:30:21,694 that George committed credit card fraud? 726 00:30:21,737 --> 00:30:23,087 Although, for the life of me, 727 00:30:23,130 --> 00:30:25,306 I still don't see what that has to do with this. 728 00:30:25,350 --> 00:30:26,917 Cable's working on it. 729 00:30:26,960 --> 00:30:28,788 I've been watching the closed circuit security tapes 730 00:30:28,832 --> 00:30:31,356 of the robbery that came over with the prosecution's 731 00:30:31,399 --> 00:30:33,706 latest batch of discovery materials. 732 00:30:33,749 --> 00:30:35,708 Can I show you guys something? 733 00:30:35,751 --> 00:30:37,275 There's no sound. 734 00:30:37,318 --> 00:30:41,105 Just picture. So you got to watch carefully. 735 00:30:41,148 --> 00:30:44,282 Okay, see what George's brother does after everything is done? 736 00:30:44,325 --> 00:30:45,892 He's got the money. 737 00:30:45,936 --> 00:30:47,938 Now, based on the time stamp, we know that, 738 00:30:47,981 --> 00:30:49,504 by this time, the alarm is going off. 739 00:30:49,548 --> 00:30:51,463 So he's got to be concerned that the cops are on their way. 740 00:30:51,506 --> 00:30:52,899 Watch him. 741 00:30:52,943 --> 00:30:56,424 He starts to head out, and then he comes back. 742 00:30:56,468 --> 00:30:58,862 BENNY: Looks like he's saying something. 743 00:30:58,905 --> 00:31:00,820 He's realizing something's wrong. 744 00:31:01,865 --> 00:31:03,823 DANNY: See? 745 00:31:03,867 --> 00:31:05,216 BULL: He's realizing 746 00:31:05,259 --> 00:31:06,913 his friend is dead. 747 00:31:06,957 --> 00:31:09,133 DANNY: When's the last time you heard about a robber 748 00:31:09,176 --> 00:31:11,657 stopping mid-getaway to check his victim's pulse? 749 00:31:11,700 --> 00:31:13,920 BENNY: So you think if we show this to a jury 750 00:31:13,964 --> 00:31:15,835 after we put Rick on the stand, they'll believe 751 00:31:15,879 --> 00:31:17,968 that Kirk's death was accidental? 752 00:31:18,011 --> 00:31:19,273 CABLE: Yes! 753 00:31:20,318 --> 00:31:22,842 I think George has an alibi. 754 00:31:22,886 --> 00:31:24,452 Well, what do you mean? 755 00:31:24,496 --> 00:31:26,106 Okay, on the day of the purchase, 756 00:31:26,150 --> 00:31:27,716 he was nowhere near New Hampshire. 757 00:31:27,760 --> 00:31:30,894 He was working as a dishwasher in a restaurant he now owns. 758 00:31:30,937 --> 00:31:32,896 I just finished reaching out to his old boss, the man 759 00:31:32,939 --> 00:31:34,027 he bought the restaurant from. 760 00:31:34,071 --> 00:31:35,899 He has time cards and eyewitnesses. 761 00:31:35,942 --> 00:31:37,857 There is no way he could have done it. 762 00:31:37,901 --> 00:31:39,903 What do you think? 763 00:31:39,946 --> 00:31:41,382 It's good. 764 00:31:41,426 --> 00:31:44,385 I just wish it was a little more. 765 00:31:44,429 --> 00:31:46,953 And I wish with all my heart it proved he had no idea 766 00:31:46,997 --> 00:31:49,216 what his brother and best friend were up to that night. 767 00:31:49,260 --> 00:31:52,393 Well, actually, there is a little bit more. 768 00:31:52,437 --> 00:31:53,960 I tracked down the Best Buy receipts 769 00:31:54,004 --> 00:31:55,962 and located all the serial numbers and identifiers 770 00:31:56,006 --> 00:31:57,659 associated with the purchased items, 771 00:31:57,703 --> 00:31:59,487 which were actually laptops, by the way. 772 00:31:59,531 --> 00:32:01,663 Then I did a search for those. 773 00:32:01,707 --> 00:32:03,143 And after all this time, I actually found one 774 00:32:03,187 --> 00:32:04,231 on an archived 775 00:32:04,275 --> 00:32:05,972 online auction site. 776 00:32:06,016 --> 00:32:07,539 I did a little hacking 777 00:32:07,582 --> 00:32:10,542 and tracked down the seller's IP address. 778 00:32:10,585 --> 00:32:11,586 And it turns out 779 00:32:11,630 --> 00:32:14,938 it belongs to an Emory Cochburn, 780 00:32:14,981 --> 00:32:18,724 who, by the way, is in prison for insurance fraud. 781 00:32:18,767 --> 00:32:20,987 Which means...?DANNY: Which means 782 00:32:21,031 --> 00:32:23,947 whoever sold the stolen Social Security number to George 783 00:32:23,990 --> 00:32:26,427 sold it at least one more time. 784 00:32:26,471 --> 00:32:27,863 Looks that way. 785 00:32:27,907 --> 00:32:28,995 Nice work, Cable. 786 00:32:29,039 --> 00:32:30,866 I just wish 787 00:32:30,910 --> 00:32:31,955 it cleared George of the crime 788 00:32:31,998 --> 00:32:34,305 we were hired to defend him from. 789 00:32:34,348 --> 00:32:36,046 George Brown stole the Social Security number 790 00:32:36,089 --> 00:32:37,569 of the deceased, Jim Grayson, 791 00:32:37,612 --> 00:32:39,353 to establish a new identity. 792 00:32:39,397 --> 00:32:40,964 He then opened a credit card 793 00:32:41,007 --> 00:32:43,096 at a Best Buy in Manchester, New Hampshire, 794 00:32:43,140 --> 00:32:46,447 and used that card to purchase $10,000 worth of electronics 795 00:32:46,491 --> 00:32:48,188 that he had no intention of ever paying for. 796 00:32:48,232 --> 00:32:51,235 PELUSO: Thank you, Officer Lyden. 797 00:32:56,370 --> 00:32:58,416 Officer Lyden, thank you. 798 00:32:58,459 --> 00:33:00,157 Thank you for taking the time and coming 799 00:33:00,200 --> 00:33:02,072 to talk to us today.My pleasure. 800 00:33:02,115 --> 00:33:03,595 Let me ask you something. 801 00:33:03,638 --> 00:33:06,467 Do you have any actual proof 802 00:33:06,511 --> 00:33:12,125 that the man sitting before you here today is the same man 803 00:33:12,169 --> 00:33:13,997 who fraudulently applied for a credit card 804 00:33:14,040 --> 00:33:15,955 and bought these electronics? 805 00:33:15,999 --> 00:33:20,046 Of course. It's the same name, same Social Security number. 806 00:33:20,090 --> 00:33:22,005 What else do you need? 807 00:33:22,048 --> 00:33:24,007 And what if I told you that this Jim Grayson, 808 00:33:24,050 --> 00:33:27,706 also known as George Brown, was in Glen Rock, New Jersey, 809 00:33:27,749 --> 00:33:29,882 hundreds of miles away at the time of the purchase, 810 00:33:29,925 --> 00:33:31,536 and that someone else had bought 811 00:33:31,579 --> 00:33:34,060 the same stolen Social Security number 812 00:33:34,104 --> 00:33:36,976 and committed the theft that you are attributing to my client? 813 00:33:37,020 --> 00:33:39,587 Well, I would say that sounds like a pretty convenient story. 814 00:33:42,808 --> 00:33:45,985 Your Honor, we'd like to offer proof 815 00:33:46,029 --> 00:33:48,335 of my client's alibi 816 00:33:48,379 --> 00:33:51,382 in the form of time cards 817 00:33:51,425 --> 00:33:53,819 and eyewitness accounts 818 00:33:53,862 --> 00:33:56,039 from Mr. Brown's place of employment 819 00:33:56,082 --> 00:33:57,605 at the date in question. 820 00:33:57,649 --> 00:34:00,913 MARISSA: It may not be the slam dunk we need-- not yet-- 821 00:34:00,956 --> 00:34:02,610 but these jurors are starting to warm up. 822 00:34:02,654 --> 00:34:04,090 I can feel it. 823 00:34:04,134 --> 00:34:05,744 The jury hasn't heard enough to acquit, 824 00:34:05,787 --> 00:34:07,093 or even force a mistrial, 825 00:34:07,137 --> 00:34:08,703 but they're listening to us again. 826 00:34:08,747 --> 00:34:10,270 They think we have something to say, 827 00:34:10,314 --> 00:34:12,011 and I'll take that any time. 828 00:34:12,055 --> 00:34:16,059 Tell Cable thanks for all the hard work. 829 00:34:22,152 --> 00:34:23,501 I just kept thinking about what you told us 830 00:34:23,544 --> 00:34:24,893 the older brother said. 831 00:34:24,937 --> 00:34:26,330 That this whole thing was really an inside job. 832 00:34:26,373 --> 00:34:28,158 That no one was supposed to lose their lives. 833 00:34:28,201 --> 00:34:29,855 That these guys knew each other. 834 00:34:29,898 --> 00:34:33,511 And then I kept thinking about what yousaid. 835 00:34:33,554 --> 00:34:36,601 That Rick can testify to it, but who's gonna believe him? 836 00:34:36,644 --> 00:34:37,776 How do you prove it? 837 00:34:37,819 --> 00:34:39,299 Yeah? So? 838 00:34:39,343 --> 00:34:41,997 So I woke up and watched the tape again. 839 00:34:42,041 --> 00:34:44,435 I mean, the idea of it actually woke me up. 840 00:34:44,478 --> 00:34:49,135 Only this time, I watched it with that in mind. 841 00:34:49,179 --> 00:34:51,833 And I think I found something. 842 00:34:53,705 --> 00:34:55,663 See that? 843 00:34:55,707 --> 00:34:58,275 See what? 844 00:34:58,318 --> 00:35:01,191 Kirk, the friend, he puts his hands up 845 00:35:01,234 --> 00:35:03,541 before Rick pulls out his gun. 846 00:35:05,847 --> 00:35:09,112 You want proof it was an inside job, there it is. 847 00:35:09,155 --> 00:35:11,636 You want to prove that they knew each other, 848 00:35:11,679 --> 00:35:13,464 there it is. 849 00:35:13,507 --> 00:35:16,162 You want to prove that no one was supposed to die that night? 850 00:35:16,206 --> 00:35:18,121 Picture's worth a thousand words. 851 00:35:18,164 --> 00:35:20,601 If we can prove it's an inside job with the cooperation 852 00:35:20,645 --> 00:35:22,168 of an employee of the store, 853 00:35:22,212 --> 00:35:23,604 technically, there's no armed robbery, 854 00:35:23,648 --> 00:35:26,694 which negates the felony murder charge, which means... 855 00:35:26,738 --> 00:35:29,175 George is actually innocent. 856 00:35:29,219 --> 00:35:31,351 [sighs] 857 00:35:35,268 --> 00:35:37,052 Well, what'd you get? 858 00:35:37,096 --> 00:35:38,532 The mother lode, pretty much. 859 00:35:38,576 --> 00:35:40,055 Although I think I did promise 860 00:35:40,099 --> 00:35:42,406 to marry the guy who got them for me.Excellent. 861 00:35:42,449 --> 00:35:44,016 Who doesn't love a good wedding? 862 00:35:44,059 --> 00:35:45,409 So you're looking at call logs 863 00:35:45,452 --> 00:35:46,758 between Kirk's pager and Rick's phone, 864 00:35:46,801 --> 00:35:48,760 Rick's pager and Kirk's phone, 865 00:35:48,803 --> 00:35:51,328 and calls between both men's phones starting in late 1999. 866 00:35:51,371 --> 00:35:54,505 Then it jumps to ten exchanges per day 867 00:35:54,548 --> 00:35:57,812 during the week of the robbery. 868 00:35:57,856 --> 00:35:59,553 Ah. Great. 869 00:35:59,597 --> 00:36:01,686 Um, go home, get some sleep. 870 00:36:03,601 --> 00:36:05,385 What is your relationship to the defendant? 871 00:36:05,429 --> 00:36:09,607 He's my younger brother. 872 00:36:09,650 --> 00:36:10,999 And what was your relationship 873 00:36:11,043 --> 00:36:12,871 to the clerk who died in the robbery-- 874 00:36:12,914 --> 00:36:14,394 Kirk Getty? 875 00:36:14,438 --> 00:36:18,920 [sighs] I worked in the mall as a custodian. 876 00:36:18,964 --> 00:36:20,748 Kirk sold sunglasses. 877 00:36:20,792 --> 00:36:22,446 We met one night. 878 00:36:22,489 --> 00:36:25,013 We hit it off. 879 00:36:25,057 --> 00:36:27,277 We realized, uh, we had a lot in common. 880 00:36:27,320 --> 00:36:28,713 So, 881 00:36:28,756 --> 00:36:31,455 I mean, at what point did the two of you decide 882 00:36:31,498 --> 00:36:32,456 to stage a robbery together? 883 00:36:32,499 --> 00:36:34,371 Objection. Leading. 884 00:36:34,414 --> 00:36:35,633 [gallery murmuring] 885 00:36:35,676 --> 00:36:37,243 My apologies, Your Honor. 886 00:36:37,287 --> 00:36:39,202 Let me word it a different way. 887 00:36:39,245 --> 00:36:42,683 Uh... uh, whose idea was it 888 00:36:42,727 --> 00:36:45,251 to rob a check cashing place? 889 00:36:45,295 --> 00:36:49,255 Well, it actually started out with Kirk. He... 890 00:36:49,299 --> 00:36:51,562 You know, he wanted to buy this motorcycle. 891 00:36:51,605 --> 00:36:55,348 Uh, but truthfully, within 90 seconds, 892 00:36:55,392 --> 00:36:56,828 we were planning it together. 893 00:36:56,871 --> 00:36:59,657 Because he worked there, he knew all the important stuff, 894 00:36:59,700 --> 00:37:02,312 like combination to the safe 895 00:37:02,355 --> 00:37:04,749 and what day and time to show up 896 00:37:04,792 --> 00:37:08,143 when there would be the most cash there. 897 00:37:08,187 --> 00:37:11,451 It really seemed like it was gonna be easy. 898 00:37:11,495 --> 00:37:12,844 And-and what about your brother, George Brown? 899 00:37:12,887 --> 00:37:14,237 Was he in on the planning? 900 00:37:14,280 --> 00:37:17,588 No. George would never do something like that. 901 00:37:17,631 --> 00:37:20,417 All he was doing that night was picking me up from work. 902 00:37:20,460 --> 00:37:23,420 He didn't know why I wanted 903 00:37:23,463 --> 00:37:25,291 to stop by the check cashing place. 904 00:37:25,335 --> 00:37:27,598 All he wanted was to get home. 905 00:37:27,641 --> 00:37:29,513 So you never planned on killing anyone? 906 00:37:29,556 --> 00:37:32,080 Of course not. There were no bullets in the gun. 907 00:37:32,124 --> 00:37:33,517 It was all 908 00:37:33,560 --> 00:37:35,345 for the security camera. 909 00:37:35,388 --> 00:37:38,652 With that in mind, we'd like to enter into evidence 910 00:37:38,696 --> 00:37:41,351 the security camera footage from that night, 911 00:37:41,394 --> 00:37:44,354 with a particular emphasis on the time code numbers 912 00:37:44,397 --> 00:37:47,618 indicated on the paperwork. 913 00:37:47,661 --> 00:37:51,665 You can clearly see the victim with his hands up, 914 00:37:51,709 --> 00:37:55,321 even before the witness exposes his weapon. 915 00:37:55,365 --> 00:37:57,018 A clear indication that he knew exactly 916 00:37:57,062 --> 00:37:58,759 what was going to happen that night. 917 00:38:00,152 --> 00:38:02,110 As well as another time code, 918 00:38:02,154 --> 00:38:04,330 which clearly shows the witness delaying his exit 919 00:38:04,374 --> 00:38:06,114 out of the store, 920 00:38:06,158 --> 00:38:08,508 so he could check on the condition of his friend 921 00:38:08,552 --> 00:38:12,469 once he realized that he was in some form of distress. 922 00:38:12,512 --> 00:38:16,647 Additionally, we'd like to enter into evidence phone records 923 00:38:16,690 --> 00:38:20,781 that clearly indicate the prior relationship 924 00:38:20,825 --> 00:38:22,783 between the witness and the victim. 925 00:38:22,827 --> 00:38:23,871 [gallery murmuring] 926 00:38:23,915 --> 00:38:25,308 [gavel bangs] 927 00:38:25,351 --> 00:38:26,787 JUDGE: Order in the court, please. 928 00:38:26,831 --> 00:38:31,009 Let's quiet down. Let's quiet down. 929 00:38:31,052 --> 00:38:33,316 No further questions for this witness, Your Honor. 930 00:38:34,969 --> 00:38:38,103 Marissa, we just hit them with all the firepower we've got. 931 00:38:38,146 --> 00:38:39,539 Tell me it made a difference. 932 00:38:39,583 --> 00:38:41,933 You want the good news or the bad news? 933 00:38:41,976 --> 00:38:43,543 All your generative jurors finally woke up 934 00:38:43,587 --> 00:38:45,240 and have gone green. 935 00:38:45,284 --> 00:38:47,373 Bad news is, there's only six of them. 936 00:38:47,417 --> 00:38:50,158 The other six aren't quite there yet. 937 00:38:50,202 --> 00:38:52,378 Mr. Peluso, your witness. 938 00:38:52,422 --> 00:38:56,382 Uh, in light of all this new information, 939 00:38:56,426 --> 00:38:58,384 if it pleases the Court, I was hoping 940 00:38:58,428 --> 00:39:00,560 I could request a brief recess? 941 00:39:00,604 --> 00:39:03,694 This court will take a 20-minute recess. 942 00:39:04,738 --> 00:39:06,740 What do you think that means? 943 00:39:06,784 --> 00:39:09,047 I don't know. Maybe he's a smoker. 944 00:39:09,090 --> 00:39:10,440 Maybe he's got a small bladder. 945 00:39:13,443 --> 00:39:15,358 Maybe he wants to borrow some money. 946 00:39:15,401 --> 00:39:17,272 I'll be right back. 947 00:39:21,146 --> 00:39:23,366 It's a great system, isn't it? 948 00:39:23,409 --> 00:39:27,195 You go into it thinking, "I know what's going on here. 949 00:39:27,239 --> 00:39:28,588 "I know what's right. 950 00:39:28,632 --> 00:39:30,764 I know where this is gonna end up." 951 00:39:30,808 --> 00:39:32,549 And then... 952 00:39:32,592 --> 00:39:34,464 It's just a great system. 953 00:39:34,507 --> 00:39:38,076 I think it's, like, seven-five, or five-seven. 954 00:39:38,119 --> 00:39:39,643 Or maybe it's split down the middle. 955 00:39:39,686 --> 00:39:42,472 What do you think?I think he's an innocent man. 956 00:39:42,515 --> 00:39:45,953 I think you know it. I think they feel it. 957 00:39:45,997 --> 00:39:48,521 Thing is, you're not gonna get 'em all, and neither am I, 958 00:39:48,565 --> 00:39:50,349 which means you're staring at a mistrial, 959 00:39:50,393 --> 00:39:52,656 which means you steal another year 960 00:39:52,699 --> 00:39:55,310 of this guy's life while he sits in jail 961 00:39:55,354 --> 00:39:56,921 waiting for his second day in court. 962 00:39:56,964 --> 00:39:59,489 And his kids keep growing, and his wife keeps wondering 963 00:39:59,532 --> 00:40:01,447 why she suddenly became a single parent. 964 00:40:01,491 --> 00:40:03,710 And he's forced to close his business 965 00:40:03,754 --> 00:40:05,320 and let his employees go. 966 00:40:05,364 --> 00:40:09,716 And like I said when we first met, what's the point? 967 00:40:09,760 --> 00:40:11,414 He's not a criminal. 968 00:40:11,457 --> 00:40:12,937 He never was. 969 00:40:12,980 --> 00:40:16,288 You really want me to go in there and ask for a dismissal? 970 00:40:16,331 --> 00:40:18,377 I have people I have to answer to. 971 00:40:18,421 --> 00:40:20,553 This is not an easy conversation to have. 972 00:40:20,597 --> 00:40:22,599 Yeah, but the conversation you want to have 973 00:40:22,642 --> 00:40:26,385 isn't happening today, so why not get this one over with? 974 00:40:26,429 --> 00:40:29,083 In fact, why don't you call 'em right now? 975 00:40:29,127 --> 00:40:32,304 Mr. Assistant District Attorney, you're not a stupid man. 976 00:40:32,347 --> 00:40:34,698 You know you're not getting a conviction against George Brown. 977 00:40:34,741 --> 00:40:36,526 Not today, not ever. 978 00:40:36,569 --> 00:40:39,572 And that's with me and my team having about a week to prepare. 979 00:40:39,616 --> 00:40:43,620 You put my client through another year of this hell, 980 00:40:43,663 --> 00:40:47,188 and I promise you I will spend every day of that year 981 00:40:47,232 --> 00:40:49,495 getting ready for the new trial. 982 00:40:49,539 --> 00:40:53,020 And when we meet again, you won't know what hit you. 983 00:40:53,064 --> 00:40:57,503 Now I'm gonna go back inside while you make up your mind. 984 00:40:57,547 --> 00:40:59,636 Surprise me. 985 00:41:08,166 --> 00:41:10,037 Your Honor? 986 00:41:12,039 --> 00:41:13,911 It's a great system, isn't it? 987 00:41:15,565 --> 00:41:18,611 You go into a trial thinking, "I know what's going on here. 988 00:41:18,655 --> 00:41:19,743 "I know what's right. 989 00:41:19,786 --> 00:41:21,701 I know where this is gonna end up." 990 00:41:21,745 --> 00:41:23,573 And then the system humbles you. 991 00:41:23,616 --> 00:41:26,532 You realize you hadn't considered all the facts, 992 00:41:26,576 --> 00:41:28,665 that your thinking may have been flawed. 993 00:41:28,708 --> 00:41:32,625 And that incarcerating someone who almost certainly had no idea 994 00:41:32,669 --> 00:41:35,062 what was going on in a building 35 feet away 995 00:41:35,106 --> 00:41:37,238 while he sat in a car makes no sense. 996 00:41:37,282 --> 00:41:39,545 I believe that's the case here. 997 00:41:39,589 --> 00:41:41,678 And with that in mind, the district attorney's office 998 00:41:41,721 --> 00:41:43,549 would like to enter a motion 999 00:41:43,593 --> 00:41:45,943 to dismiss all charges against George Brown. 1000 00:41:45,986 --> 00:41:47,466 [gavel bangs twice] 1001 00:41:47,510 --> 00:41:49,599 JUDGE: This court will accept the prosecution's motion. 1002 00:41:49,642 --> 00:41:51,165 The defendant is free to go. 1003 00:41:51,209 --> 00:41:53,516 And we thank the jury for its service. 1004 00:41:59,173 --> 00:42:01,175 Thank you. 1005 00:42:09,488 --> 00:42:12,273 I know we've never met before. 1006 00:42:14,319 --> 00:42:17,278 But my name is George. 1007 00:42:17,322 --> 00:42:19,324 My last name is Brown. 1008 00:42:21,544 --> 00:42:23,981 And you'd make me the happiest man in the world 1009 00:42:24,024 --> 00:42:27,593 if you'd marry me and make that your last name, too. 1010 00:42:37,647 --> 00:42:39,823 You know, I think those two have a future 1011 00:42:39,866 --> 00:42:41,825 together. 1012 00:42:41,868 --> 00:42:43,827 Wait a second. 1013 00:42:43,870 --> 00:42:47,134 Are those tears? You crying, you big old softie? 1014 00:42:47,178 --> 00:42:49,223 Excuse me. I believe you're mistaken. 1015 00:42:49,267 --> 00:42:51,530 These are not tears. 1016 00:42:51,574 --> 00:42:53,706 Wasn't it Tom Hanks who famously said, 1017 00:42:53,750 --> 00:42:56,317 "There's no tears in trial science"? 1018 00:42:56,361 --> 00:42:58,798 No. I believe he was talking about chocolates. 1019 00:42:58,842 --> 00:43:01,453 No reference to trial science.Whatever. 1020 00:43:11,115 --> 00:43:13,117 Captioning sponsored by CBS 1021 00:43:15,119 --> 00:43:17,121 Captioned by Media Access Group at WGBH access.wgbh.org