1 00:00:01,602 --> 00:00:04,738 Previously on The Practice. Do you know anything about this? 2 00:00:04,806 --> 00:00:07,609 "Single white female, attorney--" Where'd you get this? 3 00:00:07,675 --> 00:00:12,180 Podiatrist, 40-ish, loves movies and Maine. Spoke to him for an hour last night. 4 00:00:12,247 --> 00:00:14,917 Dr. Braun, I am both mindful of your presence... 5 00:00:14,983 --> 00:00:19,255 in the courtroom every day and of your loss. Why don't you die? 6 00:00:19,322 --> 00:00:22,326 We've heard doctor after doctor talk about Ronald Martin-- 7 00:00:22,392 --> 00:00:25,963 How he was temporarily insane, how he wasn't responsible. 8 00:00:26,030 --> 00:00:30,835 Ronald Martin, the man who strangled Donna Braun for seven minutes. 9 00:00:30,902 --> 00:00:34,506 [ Man ] On the charge of first-degree murder, we find the defendant... 10 00:00:34,573 --> 00:00:37,143 not guilty by reason of temporary insanity. 11 00:00:37,209 --> 00:00:40,747 You're filth! You should die! You should die! 12 00:00:40,813 --> 00:00:44,684 [ Braun ] I shot him. And I watched his neck explode. 13 00:00:44,751 --> 00:00:46,386 And it was joyous. 14 00:00:46,453 --> 00:00:49,457 If Gerald Braun came to you before and said, "Oh, by the way, 15 00:00:49,523 --> 00:00:53,194 I'm going to kill Ronald Martin," I hardly think you'd give him your moral blessing. 16 00:00:53,261 --> 00:00:54,996 Well, you would be wrong, Mr. Goode. 17 00:00:55,063 --> 00:00:59,334 Because Dr. Braun did come to me. And I did give him my blessing. 18 00:00:59,401 --> 00:01:01,404 I don't believe this. That's not in the Torah. 19 00:01:01,471 --> 00:01:05,809 Page Jimmy! As soon as they go off the air, tell him to drag Danny's ass in here! 20 00:01:05,876 --> 00:01:08,612 You encouraged Dr. Braun to commit a homicide. 21 00:01:08,679 --> 00:01:11,282 This is not an appropriate thing rabbis should do with their congregants. 22 00:01:11,348 --> 00:01:12,950 Mr. Warner? Yes? 23 00:01:13,017 --> 00:01:14,852 Detective Robert Bell, Boston Police. 24 00:01:14,919 --> 00:01:17,822 Would you place your hands behind your back, please, sir? What? Why? 25 00:01:19,692 --> 00:01:22,628 He's basically been arrested for exercising his right to free speech. 26 00:01:22,695 --> 00:01:25,031 All speech isn't protected, counsel, 27 00:01:25,098 --> 00:01:27,000 especially the kind that facilitates murder. 28 00:01:27,066 --> 00:01:29,636 [ Bobby ] He gave an opinion. 29 00:01:29,703 --> 00:01:31,972 A congregant came to him seeking spiritual counsel, 30 00:01:32,039 --> 00:01:35,376 - and he gave his learned opinion. - Your motion is denied. 31 00:01:35,443 --> 00:01:39,114 Rabbi Warner will stand trial for accessory to a homicide... 32 00:01:39,180 --> 00:01:42,751 to commence immediately following the Gerald Braun murder trial. 33 00:01:42,818 --> 00:01:44,753 Busy month for you. 34 00:01:44,820 --> 00:01:47,624 [ Woman ] Rabbi Warner, can I get you to comment? No comment. 35 00:01:47,690 --> 00:01:50,260 People have dubbed you the "killer rabbi." Do you have any reaction? 36 00:01:50,327 --> 00:01:54,364 I'd like to respond. I think this "killer rabbi" crap is disgusting. 37 00:01:54,431 --> 00:01:56,767 I mean, if he was black, you'd just call him "killer." 38 00:01:56,834 --> 00:01:59,537 Or if he were a regular white guy, you'd say, "the accused." 39 00:01:59,603 --> 00:02:03,808 But give the guy a yarmulke, and you all gotta push the ethnic buttons. It's shameful. 40 00:02:03,875 --> 00:02:05,344 Jimmy. No further comment. 41 00:02:16,890 --> 00:02:17,891 [ Line Ringing ] 42 00:02:25,067 --> 00:02:26,802 [ Cell Door Opens, Closes ] 43 00:02:33,076 --> 00:02:37,647 [ Sirens Wailing ] 44 00:02:54,400 --> 00:02:56,536 [ Policeman ] You can go on in. 45 00:03:01,509 --> 00:03:03,344 Okay, Stephan, trial is set for tomorrow. 46 00:03:03,411 --> 00:03:06,114 Should be quick. They're putting up the victim and the arresting cop. 47 00:03:06,180 --> 00:03:11,220 That's it. One or two days, unless you can think of anybody who could testify for you. 48 00:03:11,286 --> 00:03:14,957 Questions? Just one. Who are you? 49 00:03:16,426 --> 00:03:18,995 Aren't you Stephan Furnald? 50 00:03:31,309 --> 00:03:33,712 Okay, Stephan? Yeah. 51 00:03:33,779 --> 00:03:36,014 The trial's set for tomorrow. It should be fast. 52 00:03:36,081 --> 00:03:39,252 They're putting up the victim and the officer. Figure one to two days. 53 00:03:39,318 --> 00:03:41,354 Questions? 54 00:03:47,394 --> 00:03:50,365 Make me an offer. You're married. 55 00:03:50,431 --> 00:03:52,667 Stephan Furnald case. 56 00:03:52,733 --> 00:03:54,736 Oh. You got one witness, Renee. 57 00:03:54,803 --> 00:03:57,439 It was night. I get reasonable doubt just thinking about it. 58 00:03:57,506 --> 00:04:00,009 Uh-uh. And your Stephan Furnald has three priors. 59 00:04:00,076 --> 00:04:03,245 The parking lot was well lit. And I have eyewitness testimony. 60 00:04:03,313 --> 00:04:06,216 I'll play the race card. That's why they put me on this case-- 61 00:04:06,283 --> 00:04:08,285 to take away your race card. 62 00:04:08,351 --> 00:04:10,854 Three years, two suspended, we plead guilty. 63 00:04:10,921 --> 00:04:14,292 So he serves just one? If you lose, he walks. 64 00:04:14,358 --> 00:04:16,861 Look, I'll tell you what. I shouldn't do this. 65 00:04:16,928 --> 00:04:21,867 I mean, I could lose my job. But, uh, a hundred bucks. 66 00:04:21,934 --> 00:04:23,936 Sorry? 67 00:04:24,003 --> 00:04:27,841 Hundred bucks says you lose. You want to bet on it? 68 00:04:27,908 --> 00:04:30,243 You took this court-appointed, right? Mm-hmm. 69 00:04:30,311 --> 00:04:32,346 That means your fee tops at 700. 70 00:04:32,413 --> 00:04:34,816 Now I am just giving you the chance to make 800. 71 00:04:34,882 --> 00:04:38,120 Of course, if you don't really think you can win this case, I understand. 72 00:04:38,186 --> 00:04:40,155 Ah-ah-ah. I'm in. With a rider. 73 00:04:40,222 --> 00:04:43,859 It's double if the jury takes less than an hour to deliberate. 74 00:04:43,926 --> 00:04:45,661 Hmm. You got it. 75 00:04:49,833 --> 00:04:52,736 I don't understand. You're meeting him for both lunch and dinner? 76 00:04:52,802 --> 00:04:54,972 The lunch is to get the meeting part over with. Oh. 77 00:04:55,039 --> 00:04:59,110 The date is in the evening, assuming, you know-- 78 00:04:59,177 --> 00:05:01,112 Are you all right? 79 00:05:01,179 --> 00:05:04,316 [ Sighs ] Not really. 80 00:05:04,383 --> 00:05:07,920 The truth is I would have preferred to just keep the phone relationship... 81 00:05:07,987 --> 00:05:10,557 going for another month, or, you know, a year. 82 00:05:11,658 --> 00:05:14,127 Becca, will you help me with my makeup? 83 00:05:14,194 --> 00:05:15,963 Of course. 84 00:05:16,029 --> 00:05:18,098 Thanks. 85 00:05:19,767 --> 00:05:22,203 They'll drop to murder two, but no go on manslaughter. 86 00:05:22,270 --> 00:05:24,105 Which means what? 87 00:05:26,175 --> 00:05:30,012 Trial. No point in copping to second degree. 88 00:05:30,079 --> 00:05:34,117 My advice-- temporary insanity. I think the jury will jump at it. 89 00:05:34,184 --> 00:05:39,056 Temporary insanity. The Ronald Martin defense. 90 00:05:39,123 --> 00:05:42,193 Your daughter was murdered. The pressure of the trial topped off with an acquittal. 91 00:05:42,259 --> 00:05:45,930 You snapped. No. 92 00:05:45,998 --> 00:05:48,667 Excuse me? 93 00:05:48,734 --> 00:05:50,703 No. 94 00:05:50,769 --> 00:05:53,072 I will not use the Ronald Martin defense. 95 00:05:53,139 --> 00:05:55,241 I knew what I was doing. I won't pretend otherwise. 96 00:05:55,308 --> 00:05:57,844 Gerald. No! 97 00:05:57,911 --> 00:06:02,182 - Dr. Braun, you have no other choice. - Look at you. 98 00:06:02,249 --> 00:06:04,352 You're advising me to lie. 99 00:06:04,419 --> 00:06:07,388 And you sit there poleaxed at my hesitation. 100 00:06:07,455 --> 00:06:09,457 Is dishonesty so organic to this system... 101 00:06:09,525 --> 00:06:13,695 that you're actually thrown by a client who opts for the truth? 102 00:06:13,762 --> 00:06:16,032 Let's fix the system next week. 103 00:06:16,098 --> 00:06:21,171 For now, you have a temporary insanity defense oran extended prison term. 104 00:06:21,238 --> 00:06:24,007 If I seem thrown, maybe it's I'm surprised a person who shot somebody... 105 00:06:24,074 --> 00:06:26,744 in the head could be such a stickler for principle. 106 00:06:26,810 --> 00:06:29,213 That's not fair. How dare you. Mrs. Braun, 107 00:06:29,280 --> 00:06:32,684 it is not my function as a lawyer to coddle either one of you. 108 00:06:32,751 --> 00:06:35,755 This is a murder trial. It'll get rough. 109 00:06:35,821 --> 00:06:38,291 If you want comfort, go to your rabbi. 110 00:06:38,358 --> 00:06:42,162 Though I suspect that's partly what got you in this trouble to begin with. 111 00:06:45,232 --> 00:06:47,634 We should go with the rabbi on this one. What does that mean? 112 00:06:47,701 --> 00:06:51,406 Well, stand right up in court and say what Daniel said on the TV show. 113 00:06:51,473 --> 00:06:55,443 It's more right for Ronald Martin to be dead than free. 114 00:06:55,510 --> 00:06:57,580 We can't do that. Of course we can. 115 00:06:57,646 --> 00:07:00,349 Just wink to the jury and say, 116 00:07:00,416 --> 00:07:03,487 "He did it. Let him go anyway." There's a name for it. 117 00:07:03,553 --> 00:07:06,656 It's called jury nullification. And ethically, a lawyer can't argue it. 118 00:07:06,723 --> 00:07:09,527 Our client shot off a guy's head. We're gonna get caught up on ethics? 119 00:07:09,594 --> 00:07:11,562 Put it right to that jury. 120 00:07:11,629 --> 00:07:15,133 Ronald Martin got what was coming to him. What if it was your daughter? 121 00:07:15,200 --> 00:07:18,404 Who wouldn't pull that trigger? This is America. 122 00:07:18,470 --> 00:07:20,272 Boom. Not guilty. 123 00:07:23,309 --> 00:07:26,346 Cancel whatever I got tomorrow, Beck. I'm going to trial. 124 00:07:26,413 --> 00:07:28,949 On Furnald? D.A. won't deal. 125 00:07:29,016 --> 00:07:32,320 She'll bet though. I got a hundred bucks saying I'll win. 126 00:07:32,386 --> 00:07:34,288 [ Sniffs ] Podiatrist? 127 00:07:34,355 --> 00:07:36,190 [ Chuckles ] 128 00:07:36,257 --> 00:07:38,627 You made a bet on Furnald, the armed robber? 129 00:07:38,693 --> 00:07:41,096 The very one. They have an eyewitness. 130 00:07:41,163 --> 00:07:44,066 Have you ever seen me cross-examine an eyewitness, Lindsay? Tell her, Bobby. 131 00:07:44,133 --> 00:07:46,936 He's good. This eyewitness is perfect. 132 00:07:47,003 --> 00:07:49,239 When I hear they're perfect, I just smile. 133 00:07:49,305 --> 00:07:52,976 You want in on the action? Hundred bucks to you. 134 00:07:53,044 --> 00:07:55,713 - Don't do it. - I handled the arraignment on this case. 135 00:07:55,780 --> 00:08:00,718 - I read the incident report. He can't win this. - Lindsay, don't bet him. 136 00:08:02,354 --> 00:08:05,391 - A hundred bucks. - Cha-ching! 137 00:08:05,458 --> 00:08:08,461 - [ Both Laughing ] - You cannot win this case. 138 00:08:08,527 --> 00:08:11,865 And if you do, I'll be watching. The education will be worth the money I lose. 139 00:08:11,931 --> 00:08:15,903 - Come on, Jimmy. - You cannot win this case. 140 00:08:15,970 --> 00:08:17,938 You won't. 141 00:08:20,241 --> 00:08:22,243 The defense reasserts its plea of not guilty, Your Honor. 142 00:08:22,310 --> 00:08:25,046 And we would be seeking an immediate trial date. 143 00:08:25,113 --> 00:08:26,682 Not guilty by reason of insanity? 144 00:08:26,748 --> 00:08:29,752 No, Your Honor. Straight not guilty. 145 00:08:32,088 --> 00:08:34,591 Do you plan to challenge the constitutionality of the confession? 146 00:08:34,657 --> 00:08:37,127 No, Your Honor. 147 00:08:38,729 --> 00:08:40,965 Plea of not guilty is so entered. 148 00:08:41,032 --> 00:08:43,034 I'll see counsel in chambers. 149 00:08:46,371 --> 00:08:49,141 - Well? - My client insists on not guilty. 150 00:08:49,208 --> 00:08:52,712 - He refuses to argue insanity. - You're going jury nullification? 151 00:08:52,778 --> 00:08:55,448 I don't know what I'm doing yet. 152 00:08:55,515 --> 00:08:58,519 You don't know what you're doing and you're asking for an immediate trial? 153 00:08:58,585 --> 00:09:00,721 Do I look like an idiot? Do I? 154 00:09:00,787 --> 00:09:06,027 I will hammer that jury with the strongest instruction I have ever crafted. Know that. 155 00:09:06,093 --> 00:09:08,496 I've got a job to do, Your Honor. As do I! 156 00:09:08,563 --> 00:09:10,398 You'd better come up with something else. 157 00:09:10,465 --> 00:09:13,502 I will not let you argue to the jury that they ignore the law! 158 00:09:13,569 --> 00:09:16,539 I'll just be going not guilty on the elements, Your Honor. That's it. 159 00:09:16,606 --> 00:09:18,975 Right. 160 00:09:20,377 --> 00:09:22,980 [ Thunder Rumbling ] 161 00:09:26,417 --> 00:09:28,753 Working late? 162 00:09:28,820 --> 00:09:31,957 Trial starts first up. I'm curious, Eugene. 163 00:09:32,023 --> 00:09:34,160 Why didn't you ask for a probable cause hearing? 164 00:09:34,226 --> 00:09:37,797 On this? If nothing else, it would've been good for discovery. 165 00:09:37,864 --> 00:09:42,002 They only would've put up the cop. And there's no discovery with him. 166 00:09:42,069 --> 00:09:44,705 The whole case is the victim's eyewitness testimony. 167 00:09:44,772 --> 00:09:48,810 Then why didn't you try to get it kicked on constitutional grounds? 168 00:09:48,877 --> 00:09:52,080 You going to law school on the sly, Rebecca? 169 00:09:52,146 --> 00:09:54,449 You don't need to be a lawyer to know... 170 00:09:54,516 --> 00:09:58,521 there's something wrong with an I.D. made while the suspect is wearing handcuffs. 171 00:09:58,588 --> 00:10:02,192 The suspect was made three times. Once before, once after the arrest. 172 00:10:05,328 --> 00:10:07,298 Okay. 173 00:10:08,399 --> 00:10:10,968 I guess I'm wrong then. 174 00:10:14,005 --> 00:10:17,543 Say what you have to say, Rebecca. Since you ask, 175 00:10:17,610 --> 00:10:19,678 this case is court-appointed. 176 00:10:19,745 --> 00:10:23,449 You get paid the same, which isn't saying much, no matter how much time you put in. 177 00:10:23,516 --> 00:10:27,654 Seems to me you could've brought probable cause or motions to suppress. 178 00:10:27,721 --> 00:10:30,758 But you're happy just to jump through the court-appointed required hoops. 179 00:10:30,825 --> 00:10:33,461 - Done? - That's all. 180 00:10:33,528 --> 00:10:36,464 - First off, the guy did it-- - Almost all our clients did it. 181 00:10:36,531 --> 00:10:39,234 - I thought you were done. - I had no idea you were gonna say that. 182 00:10:39,301 --> 00:10:42,204 Second, a probable cause hearing or a constitutional challenge, 183 00:10:42,271 --> 00:10:44,273 they would have been so futile-- 184 00:10:44,340 --> 00:10:46,609 - But you could've preserved the grounds for appeal. - Third! 185 00:10:46,676 --> 00:10:50,781 - How I choose to defend a case is none of your business. - Firm business is my business. 186 00:10:50,848 --> 00:10:54,017 And if I see malpractice, it's my responsibility-- Malpractice? 187 00:10:54,085 --> 00:10:56,620 Rebecca, you know nothing about the actual practice of law. 188 00:10:56,688 --> 00:11:00,091 And you seem to be overlooking the fact that I'm going to win. 189 00:11:00,158 --> 00:11:03,528 Winning rarely amounts to malpractice. 190 00:11:09,836 --> 00:11:12,272 Good thing for Mr. Furnald you got money on it. 191 00:11:18,513 --> 00:11:20,848 [ Door Closes ] 192 00:11:22,885 --> 00:11:25,621 Let me ask you a question. 193 00:11:25,688 --> 00:11:28,457 All that stuff you were saying earlier, "Who wouldn't pull the trigger?" 194 00:11:28,524 --> 00:11:30,860 All that stuff? Yeah. 195 00:11:33,397 --> 00:11:36,300 Level with me, Jimmy. When you first heard... 196 00:11:36,366 --> 00:11:39,737 Jerry Braun killed Ronald Martin, how'd you feel in your gut? 197 00:11:39,804 --> 00:11:44,042 My gut? In your gut. 198 00:11:44,109 --> 00:11:46,011 I said to myself, "Good for him." 199 00:11:48,747 --> 00:11:51,751 I mean, I don't support it or nothin'. 200 00:11:51,818 --> 00:11:56,556 But if I had a daughter and somebody killed her, I'd want him dead. 201 00:12:00,093 --> 00:12:02,630 You think the jury will think like that? 202 00:12:02,696 --> 00:12:04,565 I do. 203 00:12:08,938 --> 00:12:13,008 So what we need is some legal angle... 204 00:12:13,075 --> 00:12:15,545 that allows them to go with how they feel. 205 00:12:17,347 --> 00:12:21,318 Well, you mean some legal angle that allows them to ignore the law? 206 00:12:25,189 --> 00:12:27,124 Yeah. 207 00:12:33,299 --> 00:12:35,601 [ Chattering ] 208 00:12:37,236 --> 00:12:40,540 [ Sighs ] Man, what's taking so long? 209 00:12:40,607 --> 00:12:43,643 The judge will be in any second. The jury will follow. 210 00:12:43,710 --> 00:12:46,146 Let me see the face again. 211 00:12:47,882 --> 00:12:50,819 Good. Now sit up straight. 212 00:12:50,886 --> 00:12:54,490 Don't scowl, no matter what the witness says. 213 00:12:58,728 --> 00:13:00,763 Yo, when do I get to testify? 214 00:13:00,830 --> 00:13:03,633 We'll cross that bridge when we're drowning. For now-- 215 00:13:03,700 --> 00:13:06,269 [ Man ] All rise. 216 00:13:15,247 --> 00:13:18,483 I got it. We got a defense. 217 00:13:18,551 --> 00:13:20,920 Moral justification. 218 00:13:20,986 --> 00:13:24,925 - It's a duress theory. Little used. - Moral justification? 219 00:13:24,991 --> 00:13:27,961 Not an absolute defense. But it can get murder shot down to manslaughter, 220 00:13:28,028 --> 00:13:30,097 which in this case, is as good as an acquittal. 221 00:13:30,164 --> 00:13:31,966 What do you mean, it's "as good as an acquittal"? 222 00:13:32,033 --> 00:13:35,103 The D.A. is only charging murder. He's not charging manslaughter... 223 00:13:35,170 --> 00:13:38,607 in the alternative because he's afraid if the jury has that option, they'll jump at it. 224 00:13:38,674 --> 00:13:40,643 Now, I'm confused. 225 00:13:40,709 --> 00:13:43,813 If he gives the jury the choice between murder and manslaughter, 226 00:13:43,880 --> 00:13:47,050 he's figuring the jury will pick manslaughter, you being sympathetic. 227 00:13:47,116 --> 00:13:51,922 So he takes away that choice by not charging anything but murder one or murder two. 228 00:13:51,989 --> 00:13:54,459 He's going all or nothing. 229 00:13:54,525 --> 00:13:57,395 Which means if we can convince the jury you're only guilty of manslaughter, 230 00:13:57,462 --> 00:13:59,498 you get a straight acquittal. 231 00:13:59,565 --> 00:14:01,667 Could they then come back and charge him with manslaughter? 232 00:14:01,733 --> 00:14:04,136 No. Double jeopardy applies to lesser included offenses. 233 00:14:04,203 --> 00:14:08,608 They have to charge manslaughter now, or forever lose it. Good going, Jimmy. 234 00:14:08,675 --> 00:14:11,244 See, now we got something to go in there with. 235 00:14:11,311 --> 00:14:14,014 You were acting in the heat of passion. 236 00:14:14,081 --> 00:14:16,617 The passion was your sense of moral right. 237 00:14:16,684 --> 00:14:20,021 It's different from straight jury nullification. And we can argue that. 238 00:14:20,088 --> 00:14:23,959 Good going, Jimmy. 239 00:14:24,026 --> 00:14:27,963 [ Man ] I was loading groceries into my car when he appeared. 240 00:14:28,030 --> 00:14:30,533 He being? The defendant. 241 00:14:30,600 --> 00:14:33,036 He suddenly had a knife at my chest, 242 00:14:33,103 --> 00:14:36,673 demanding my watch and wallet, and saying that he would kill me. 243 00:14:36,740 --> 00:14:40,344 And then he lowered the knife to my groin area. 244 00:14:40,412 --> 00:14:43,715 What happened then? I gave him my watch and wallet. 245 00:14:43,781 --> 00:14:47,152 - And then what happened, sir? - He just ran off. 246 00:14:47,219 --> 00:14:49,488 [ Renee ] And this all happened about what time? 247 00:14:49,555 --> 00:14:52,491 [ Man ] It was exactly 9:03 p.m. I looked at my watch, 248 00:14:52,559 --> 00:14:54,528 probably 'cause I knew I'd never see it again. 249 00:14:54,594 --> 00:14:58,332 And how was the lighting in this area, Mr. Agosta? It was very good. 250 00:14:58,398 --> 00:15:01,436 There were lampposts every four parking spaces. 251 00:15:01,502 --> 00:15:04,272 And five of the eight cars near to mine were white, 252 00:15:04,339 --> 00:15:06,642 which I'm sure added to the brightness. 253 00:15:06,708 --> 00:15:09,845 - I got a perfect look at him. - Now, Mr. Agosta, 254 00:15:09,911 --> 00:15:12,481 did you have an occasion to see the defendant again? 255 00:15:12,548 --> 00:15:14,751 Yes, I did. The police responding to my call... 256 00:15:14,817 --> 00:15:19,857 said that a man fitting the general description had been picked up about a mile away. 257 00:15:19,923 --> 00:15:25,429 And we drove to the area. And the police had that man in detention. 258 00:15:25,496 --> 00:15:27,932 And I identified him as the man who robbed me. 259 00:15:27,999 --> 00:15:31,837 Now, Mr. Agosta, can you state with absolute certainty... 260 00:15:31,904 --> 00:15:35,174 that this man sitting here at the defense table... 261 00:15:35,241 --> 00:15:37,277 is the same man that you saw... 262 00:15:37,343 --> 00:15:40,380 on two occasions on the night of February 12... 263 00:15:40,447 --> 00:15:43,217 and then again in the police lineup on February 13? 264 00:15:43,284 --> 00:15:45,419 I'm absolutely certain, yes. That's the man. 265 00:15:45,486 --> 00:15:48,956 Thank you. I have nothing else. 266 00:15:49,023 --> 00:15:51,159 Your witness. 267 00:15:59,068 --> 00:16:03,440 Mr. Agosta, you seem to have a pretty good grasp of the detail. 268 00:16:03,507 --> 00:16:08,413 Well, I'm a photographer by trade. So, uh, yeah. 269 00:16:08,479 --> 00:16:10,415 I have a pretty good eye. 270 00:16:10,481 --> 00:16:14,786 I'd say outstanding. You not only remembered that five of the eight cars were white, 271 00:16:14,853 --> 00:16:18,557 you even identified the little trees the suspect hopped through when he ran away. 272 00:16:18,624 --> 00:16:21,694 Well, yeah. Like I say, I have a photographer's eye. 273 00:16:21,761 --> 00:16:23,863 Yes. 274 00:16:23,930 --> 00:16:27,468 But when it came time to describe the suspect himself, 275 00:16:27,535 --> 00:16:30,638 you said only that it was a "black man with a big head." 276 00:16:30,704 --> 00:16:32,573 Well, it was him. 277 00:16:32,641 --> 00:16:36,545 You sit here today remembering the placement of lampposts, 278 00:16:36,611 --> 00:16:39,882 the color of the surrounding cars, the exact time to the minute, 279 00:16:39,949 --> 00:16:43,987 but as for what the suspect looked like, "black," "big head." 280 00:16:44,054 --> 00:16:47,190 Yes, sir. As I said, I'm certain that it was your client. 281 00:16:47,257 --> 00:16:49,493 Mr. Agosta, were you a little scared, 282 00:16:49,560 --> 00:16:52,263 this knife all of a sudden being put to your chest? 283 00:16:52,329 --> 00:16:55,633 I was scared, yeah. But if you're asking... 284 00:16:55,700 --> 00:16:59,404 did it compromise my powers of observation, I would honestly say no. 285 00:16:59,471 --> 00:17:01,407 You were looking at the knife, weren't you? 286 00:17:01,474 --> 00:17:05,344 - I was looking at both the man and the knife. - Uh-- 287 00:17:05,411 --> 00:17:10,684 Well, for the knife you remembered "stainless steel, 288 00:17:10,750 --> 00:17:14,321 serrated, wooden handle, nine inches." 289 00:17:14,388 --> 00:17:16,991 For the man, "black," "big head." 290 00:17:17,058 --> 00:17:19,627 Look, I'm not gonna say that I wasn't frightened. 291 00:17:19,695 --> 00:17:21,663 Would you say you were very frightened? 292 00:17:21,730 --> 00:17:25,601 Very frightened. Why? You know you get along. 293 00:17:25,667 --> 00:17:28,070 You've been laughing and talking on the phone. 294 00:17:28,137 --> 00:17:30,840 Yeah, but he hasn't seen me yet, Rebecca. Today he sees me. 295 00:17:30,907 --> 00:17:33,677 Ellenor, you are a very beautiful woman. 296 00:17:33,744 --> 00:17:37,381 Yeah. Well, maybe I'm just nervous about the whole, 297 00:17:37,448 --> 00:17:39,550 you know, eyes of the beholder thing. 298 00:17:39,617 --> 00:17:42,387 Moral justification? For a homicide? 299 00:17:42,454 --> 00:17:45,858 - It's different than jury nullification. - It's not different. 300 00:17:45,925 --> 00:17:48,528 - He's gonna be arguing-- - I don't have to be drawing you a map. 301 00:17:48,594 --> 00:17:50,596 Your Honor, I'm bringing this to your attention now... 302 00:17:50,663 --> 00:17:53,199 so we don't waste time going back to chambers once the trial starts. 303 00:17:53,266 --> 00:17:58,005 I'm arguing heat of passion. The passion can be driven by a man's moral state of mind. 304 00:17:58,072 --> 00:18:01,576 - That's ridiculous. - Fine. You make your arguments. I'll make mine. 305 00:18:01,643 --> 00:18:05,680 Is this why the rabbi is on the witness list? Is he gonna be testifying God is on your side? 306 00:18:05,747 --> 00:18:07,850 Whatever he testifies, you can cross-examine. 307 00:18:07,916 --> 00:18:12,155 Mr. Welk, I seriously suggest that you charge manslaughter in the alternative. 308 00:18:12,221 --> 00:18:15,992 Not a chance. If you don't make murder two, he walks free. 309 00:18:16,059 --> 00:18:19,629 They're flaunting this. He planned his crime. He went home. 310 00:18:19,697 --> 00:18:21,799 He went to discuss it with his rabbi first. 311 00:18:21,866 --> 00:18:26,604 This wasn't heat of passion. This was cold, calculated execution. 312 00:18:26,672 --> 00:18:29,341 Then these people go on television and exalt it. 313 00:18:29,408 --> 00:18:31,710 This is murder in the first degree all the way. 314 00:18:31,777 --> 00:18:35,181 - The jury might reject that. - We're not offering manslaughter. 315 00:18:35,247 --> 00:18:38,085 This is exciting. 316 00:18:38,151 --> 00:18:41,388 You gotta admit. Okay. 317 00:18:41,455 --> 00:18:45,193 Somebody is gonna be real disappointed. Are you still ready to try this next week? 318 00:18:45,259 --> 00:18:47,729 - Ready. - Ready. 319 00:18:47,796 --> 00:18:50,165 Ready. 320 00:18:50,232 --> 00:18:52,334 I am. 321 00:18:52,401 --> 00:18:55,137 [ Eugene ] Mr. Agosta, when the police told you they might have the guy... 322 00:18:55,204 --> 00:18:58,808 and you got into the squad car to identify the person they had, 323 00:18:58,875 --> 00:19:01,978 truthfully, you wanted it to be the man who robbed you, didn't you? 324 00:19:02,045 --> 00:19:04,281 Of course I did. I wanted him off the street. 325 00:19:04,348 --> 00:19:08,119 - And I wanted my watch and wallet back. - Ah, that's right. 326 00:19:08,185 --> 00:19:11,256 Do you know whether they found your wallet and watch in the possession of my client? 327 00:19:11,323 --> 00:19:15,494 - I'm told they didn't. - What about the stainless steel serrated knife? 328 00:19:15,561 --> 00:19:17,896 Did that turn up? I'm told it did not. 329 00:19:17,963 --> 00:19:21,100 When you pulled up to the scene, where did you see my client? 330 00:19:21,167 --> 00:19:25,372 He was standing between two uniformed police officers about 20 feet away. 331 00:19:25,439 --> 00:19:27,374 He was handcuffed? Yes. 332 00:19:27,441 --> 00:19:31,947 And you said, "That's the man. That's the man who robbed me," right off. 333 00:19:32,013 --> 00:19:34,816 No. No. I got out of the car and took a close look first. 334 00:19:34,883 --> 00:19:37,586 - You didn't identify him from the car? - Nope. 335 00:19:37,653 --> 00:19:41,558 So as you looked at him from the car standing 20 feet away, he didn't look familiar? 336 00:19:41,624 --> 00:19:44,261 Well, eh, it looked like it might be him. 337 00:19:44,327 --> 00:19:47,698 - How so, sir? - Well, 338 00:19:49,800 --> 00:19:52,871 size and build-wise, it could've been him. 339 00:19:52,937 --> 00:19:54,739 [ Eugene ] Size and build? 340 00:19:54,806 --> 00:19:57,542 Ten minutes earlier, you couldn't give the officers a size and build description. 341 00:19:57,609 --> 00:20:02,381 Well-- Look, I was still in shock a little bit. I'd just been assaulted. 342 00:20:02,448 --> 00:20:05,919 You were in shock? You mean your powers of observation might've been affected a little? 343 00:20:05,986 --> 00:20:08,088 Objection. He's badgering the witness. 344 00:20:08,154 --> 00:20:13,527 - Overruled. - As you saw this man standing 20 feet away, 345 00:20:13,594 --> 00:20:16,364 what about him made you think this is the man who robbed you, sir? 346 00:20:16,431 --> 00:20:20,068 I don't know. I just remember thinking that it might be him. 347 00:20:20,135 --> 00:20:23,038 So that's why I got out of the car to take a closer look. 348 00:20:23,105 --> 00:20:25,208 And when I saw him up close, I knew it was him. 349 00:20:25,274 --> 00:20:28,344 - But you couldn't recognize him from 20 feet away? - That's right. I said that. 350 00:20:28,411 --> 00:20:32,216 - Asked and answered. - You couldn't identify my client from 20 feet away. 351 00:20:32,282 --> 00:20:36,554 - Asked and answered. - But yet the next day in a police lineup... 352 00:20:36,621 --> 00:20:39,424 standing 20 feet away, you did recognize him. 353 00:20:39,490 --> 00:20:41,492 - How is that possible? - Objection. 354 00:20:41,560 --> 00:20:45,631 - [ Judge ] Overruled. - Twenty feet away the night before you can't tell. 355 00:20:45,697 --> 00:20:49,502 Twenty feet away the following morning, you pick him out in an instant. 356 00:20:49,569 --> 00:20:53,706 After I saw him the second time, 357 00:20:53,774 --> 00:20:56,309 there were other characteristics that registered-- 358 00:20:56,377 --> 00:20:59,513 um, build, stance, posture-- 359 00:20:59,580 --> 00:21:04,052 Ah! So the next day when you picked my client out of a lineup, 360 00:21:04,118 --> 00:21:07,089 you were going off the things you saw when he was in police custody? 361 00:21:07,156 --> 00:21:11,394 Well, yes. Not the things you remembered in the grocery store parking lot? 362 00:21:11,461 --> 00:21:15,165 By the way, would you call that a big head? 363 00:21:15,231 --> 00:21:17,701 Well, it seems smaller today. 364 00:21:17,768 --> 00:21:20,905 But you told the police you were absolutely certain the suspect had a big head. 365 00:21:20,972 --> 00:21:24,309 - Maybe I was wrong about that. - Or maybe you were right. 366 00:21:24,376 --> 00:21:28,180 A photographer by trade with a gift for the detail, maybe it was somebody with a big head. 367 00:21:28,246 --> 00:21:30,148 - It was him! - Then you were wrong about the big head? 368 00:21:30,215 --> 00:21:33,019 - I said I was! - How could you be wrong about something so general as that? 369 00:21:33,086 --> 00:21:37,291 I don't know, sir! As I said before, I was in some shock. 370 00:21:37,357 --> 00:21:41,228 Oh, yes! You were in some shock. 371 00:21:57,213 --> 00:21:59,316 What's up? 372 00:21:59,382 --> 00:22:01,785 What's up is I gotta know something. 373 00:22:03,821 --> 00:22:07,826 What? When Gerald Braun came to you, 374 00:22:07,892 --> 00:22:10,529 when he left your office, 375 00:22:13,866 --> 00:22:16,536 did you know what he was about to do? 376 00:22:18,571 --> 00:22:20,974 Think I wouldn't have stopped him? 377 00:22:21,041 --> 00:22:23,009 Danny, 378 00:22:23,076 --> 00:22:25,746 did you know? 379 00:22:25,812 --> 00:22:28,282 Of course I didn't know. 380 00:22:29,484 --> 00:22:31,453 I knew he wanted to kill him. 381 00:22:31,519 --> 00:22:34,322 I never thought he would actual-- 382 00:22:36,725 --> 00:22:39,128 Of course I didn't know. 383 00:22:39,195 --> 00:22:44,668 Then why didn't you stay with him? You knew he needed you. 384 00:22:48,005 --> 00:22:50,675 Exactly what's the accusation here? 385 00:22:50,741 --> 00:22:53,144 Danny, help me out here a little, please. 386 00:22:53,211 --> 00:22:57,583 Don't you think you gave him the moral empowerment? 387 00:22:57,649 --> 00:23:01,587 Don't you think you gave him the righteousness he needed to see it through? 388 00:23:03,490 --> 00:23:05,792 Let's not kid ourselves. 389 00:23:05,858 --> 00:23:09,196 Ronald Martin is dead in large part because of you. 390 00:23:10,398 --> 00:23:13,167 I'll ask again. 391 00:23:13,234 --> 00:23:15,203 What's the accusation? 392 00:23:15,269 --> 00:23:19,241 I am walking uphill into a murder trial that will be very difficult to win. 393 00:23:19,308 --> 00:23:22,077 I need to know exactly what I'm dealing with. 394 00:23:32,356 --> 00:23:34,792 Friend to friend, 395 00:23:35,927 --> 00:23:38,396 I don't grieve for Ronald Martin. 396 00:23:40,465 --> 00:23:45,170 But I never thought Jerry was about to go off and actually kill him. 397 00:23:52,479 --> 00:23:54,982 [ Man ] He appeared to react nervously to our presence. 398 00:23:55,049 --> 00:23:57,051 Fitting the general description of the suspect, 399 00:23:57,117 --> 00:24:00,321 we detained him until the victim arrived, making a positive I.D. 400 00:24:00,388 --> 00:24:03,391 Thank you, Officer. No further questions. 401 00:24:07,029 --> 00:24:10,467 He reacted nervously to your presence. 402 00:24:10,533 --> 00:24:14,337 - You shined your searchlight right in his face, didn't you? - We shined it on his person. 403 00:24:14,404 --> 00:24:17,307 Do you think it's unreasonable for a black man in South Boston... 404 00:24:17,374 --> 00:24:19,577 to be nervous about two policemen pulling up... 405 00:24:19,643 --> 00:24:22,747 and illuminating him like a deer caught in their headlights? 406 00:24:22,814 --> 00:24:26,084 I don't think he had any reason to be nervous if he were innocent. 407 00:24:26,151 --> 00:24:29,154 Silly me. The general description... 408 00:24:29,221 --> 00:24:32,592 you were talking about, that would be "black," "big head"? 409 00:24:32,658 --> 00:24:34,294 Yes. Did you or your partner... 410 00:24:34,360 --> 00:24:36,830 approximate the circumference of my client's cranium? 411 00:24:36,897 --> 00:24:40,634 We detained him because he was black in the area of the crime acting suspiciously. 412 00:24:40,701 --> 00:24:43,337 Acting suspiciously before you lit him up? 413 00:24:43,404 --> 00:24:46,541 Um, no, after. 414 00:24:46,608 --> 00:24:49,344 Thank you. That's all. 415 00:24:50,946 --> 00:24:53,081 The prosecution rests, Your Honor. 416 00:24:53,149 --> 00:24:54,918 Thank you, Officer Guthrie. You can step down. 417 00:24:54,984 --> 00:24:58,555 Mr. Young, we can break, or you can call your first witness. 418 00:24:58,622 --> 00:25:01,792 We rest, Your Honor. 419 00:25:03,227 --> 00:25:07,065 Concluding arguments at 3:00. We'll adjourn till then. 420 00:25:07,132 --> 00:25:09,434 [ Gavel Raps ] What's going on? 421 00:25:09,500 --> 00:25:12,170 Trust me. Shouldn't I get up there and say I didn't do it? 422 00:25:12,238 --> 00:25:15,474 You take the stand, your priors are gonna be put into evidence. This way it stays out. 423 00:25:15,541 --> 00:25:19,178 Yeah, I know. But if I say nothing, how is that gonna look? 424 00:25:19,246 --> 00:25:21,348 What are you gonna say, Stephan? 425 00:25:21,414 --> 00:25:23,984 That you were just out taking a moonlight stroll on the streets of South Boston? 426 00:25:24,051 --> 00:25:26,487 Nature walk? You got three felony priors. 427 00:25:26,554 --> 00:25:30,324 How would that look? They didn't make their case. 428 00:25:30,391 --> 00:25:32,226 That's our defense. 429 00:25:32,294 --> 00:25:34,964 Come on. 430 00:25:37,332 --> 00:25:41,371 [ Chattering ] ♪ [ Country ] 431 00:25:51,716 --> 00:25:53,718 Ah. Hey. 432 00:25:53,785 --> 00:25:56,254 [ Man ] Sorry I'm late. 433 00:26:07,301 --> 00:26:10,537 Excuse me. I'm supposed to meet somebody. 434 00:26:14,742 --> 00:26:16,577 [ Scoffs ] 435 00:26:23,019 --> 00:26:24,921 - George? - Ellenor? 436 00:26:24,987 --> 00:26:26,923 Hi. Hi. Finally. 437 00:26:26,989 --> 00:26:30,360 What a pleasure. And what a relief to be getting this part over with. 438 00:26:30,427 --> 00:26:32,830 Absolutely. 439 00:26:32,896 --> 00:26:35,900 Oh, sit. Please, sit. 440 00:26:38,603 --> 00:26:41,640 You lied to me. You said you weren't beautiful. 441 00:26:41,706 --> 00:26:44,977 Oh, well, you know lawyers. We're taught to conceal the facts. 442 00:26:45,044 --> 00:26:47,347 [ Chuckles ] And just as funny in person. 443 00:26:47,413 --> 00:26:51,051 Well, I am not gonna lie. I was so nervous about meeting you. 444 00:26:56,924 --> 00:27:00,728 Jimmy, come on. I spoke with Sackman and Kent, the jury consultants. 445 00:27:00,795 --> 00:27:04,399 They gave me a list of questions we should be looking to get "yes" answers to. 446 00:27:04,466 --> 00:27:08,204 Good. I'm gonna go try to kick venue to Charlestown. Why? 447 00:27:08,271 --> 00:27:10,707 People grow up with an "eye for an eye" code in Charlestown. 448 00:27:10,774 --> 00:27:14,378 Our kind of folks. 449 00:27:14,444 --> 00:27:17,247 - Listen-- - What? 450 00:27:17,314 --> 00:27:19,584 Uh, Bobby, 451 00:27:19,650 --> 00:27:23,321 I feel a good connection to the Braun case. 452 00:27:23,388 --> 00:27:26,358 I kinda came up with the game plan. 453 00:27:26,425 --> 00:27:29,862 And I was wondering whether maybe I could run with it. 454 00:27:29,929 --> 00:27:32,932 Jimmy, you've been doing great work. But this is a jury trial. 455 00:27:32,999 --> 00:27:36,236 I was losing with jury trials 'cause I sweat. 456 00:27:36,303 --> 00:27:39,740 And sweat on the forehead makes you come off distrustful. 457 00:27:39,807 --> 00:27:41,575 But I've corrected the problem. 458 00:27:41,642 --> 00:27:44,813 You saw me on TV. I didn't sweat. 459 00:27:44,879 --> 00:27:47,582 Under hot lights even. Not a bead. 460 00:27:47,649 --> 00:27:49,919 Jimmy, I-- I don't know. 461 00:27:49,985 --> 00:27:52,221 I'm right for this one. 462 00:27:52,287 --> 00:27:56,092 You gave the tobacco case to Lindsay even though she'd never done a jury trial. 463 00:27:56,159 --> 00:27:58,194 You had a feeling and you went with it. 464 00:27:58,261 --> 00:28:00,196 Yeah. 465 00:28:01,432 --> 00:28:03,968 Well-- 466 00:28:04,035 --> 00:28:07,038 I don't have that feeling here. 467 00:28:08,540 --> 00:28:11,677 Oh. Okay. 468 00:28:11,744 --> 00:28:15,448 I want you as second chair. You're important to this case, definitely. 469 00:28:15,514 --> 00:28:18,251 Okay. Sure. 470 00:28:18,317 --> 00:28:22,422 Okay. Let me know what you need. I will. 471 00:28:26,827 --> 00:28:30,098 "It was him." "It was him." 472 00:28:30,165 --> 00:28:32,434 "It was him." "It was him." 473 00:28:32,501 --> 00:28:36,305 Now how many times did we hear Mr. Agosta say this? 474 00:28:36,372 --> 00:28:40,109 Now he was standing nose to nose. The lighting was clear. 475 00:28:40,176 --> 00:28:42,079 And he told us in this courtroom... 476 00:28:42,145 --> 00:28:46,083 that that is the man that stuck a knife to him, 477 00:28:46,149 --> 00:28:49,787 threatened to kill him, and then robbed him. 478 00:28:49,854 --> 00:28:52,557 Now the defense counsel... 479 00:28:52,624 --> 00:28:55,694 did a lovely job of trying to confuse the witness, 480 00:28:55,760 --> 00:28:59,965 rattle him, see how much water he could make him drink. 481 00:29:00,032 --> 00:29:02,535 But he could not shake him... 482 00:29:02,602 --> 00:29:06,940 on the one and only issue in question here. 483 00:29:07,007 --> 00:29:09,343 Who did it? 484 00:29:09,410 --> 00:29:11,378 He did. 485 00:29:11,445 --> 00:29:14,115 He did. 486 00:29:14,181 --> 00:29:17,585 No, he didn't. 487 00:29:17,652 --> 00:29:20,122 But that's what we all want to believe. Let's be honest. 488 00:29:20,188 --> 00:29:25,461 'Cause if it's him, we can be relieved that the bad guy's off the street. 489 00:29:25,529 --> 00:29:28,798 We can feel safe. And that's what Mr. Agosta wanted to believe... 490 00:29:28,865 --> 00:29:31,368 as he was driven to see the man in police custody. 491 00:29:31,435 --> 00:29:34,772 Let it be him. Let it be him. Damn it, it must be him. 492 00:29:34,839 --> 00:29:38,043 And when he saw Stephan Furnald there with handcuffs on, 493 00:29:38,109 --> 00:29:42,481 it became just a little bit easier to conclude it was him, 494 00:29:42,548 --> 00:29:44,717 didn't it? 495 00:29:44,784 --> 00:29:47,454 Let me tell you what I think you may already know. 496 00:29:47,520 --> 00:29:50,190 A man puts a knife to this person. 497 00:29:50,257 --> 00:29:52,793 And as he says in his testimony, he went into shock. 498 00:29:52,860 --> 00:29:57,398 And nothing really registers. Just "black," "big head." That's all. 499 00:29:57,465 --> 00:29:59,601 Then the suspect runs away. 500 00:29:59,668 --> 00:30:03,438 And Mr. Agosta gathers himself. He settles. 501 00:30:03,505 --> 00:30:05,540 And while waiting for the police to show up, 502 00:30:05,608 --> 00:30:09,479 he takes stock of the lampposts, the white cars, the fern trees. 503 00:30:09,545 --> 00:30:11,581 That's why he remembers that stuff. 504 00:30:11,648 --> 00:30:15,252 He processed it in a relative state of calm. 505 00:30:15,319 --> 00:30:20,525 But in the heat of the crisis, "Black!" "Big head!" That's all. 506 00:30:20,592 --> 00:30:23,361 And if you were to believe that description, you must acquit. 507 00:30:23,428 --> 00:30:26,465 'Cause Stephan Furnald doesn't have a big head. 508 00:30:26,532 --> 00:30:30,169 My head's bigger than his. So's Your Honor's. 509 00:30:30,236 --> 00:30:33,306 - No offense. - Just proceed, counsel. 510 00:30:34,541 --> 00:30:37,812 The reason the law demands a police lineup, 511 00:30:37,878 --> 00:30:40,915 ladies and gentlemen, is because it is an accepted truth... 512 00:30:40,981 --> 00:30:46,555 that when a victim identifies a lone suspect in police custody, 513 00:30:46,622 --> 00:30:50,827 he is more likely to automatically conclude it's the guy. 514 00:30:50,893 --> 00:30:53,430 As a matter of law, those identifications... 515 00:30:53,496 --> 00:30:56,967 are deemed unreliable, untrustworthy, tainted. 516 00:30:57,034 --> 00:30:59,402 That's why the police had to bring Mr. Agosta back the next day... 517 00:30:59,469 --> 00:31:01,739 for him to pick a suspect out of a lineup. 518 00:31:01,805 --> 00:31:06,144 'Cause the I.D. he made the night before was unreliable, 519 00:31:06,210 --> 00:31:08,747 untrustworthy, 520 00:31:08,813 --> 00:31:11,116 tainted. 521 00:31:11,183 --> 00:31:15,221 Now you might say, he did pick Stephan Furnald out of a lineup. 522 00:31:15,288 --> 00:31:19,325 Of course. But he wasn't identifying the guy who put the knife to his groin. 523 00:31:19,392 --> 00:31:22,596 He was recognizing the man he saw in police custody. 524 00:31:22,663 --> 00:31:24,932 But the man in custody, this man, 525 00:31:24,999 --> 00:31:28,135 is not the man with the knife, not the big-headed man. 526 00:31:28,202 --> 00:31:32,407 This man is only who Mr. Agosta wants to believe is the bad guy. 527 00:31:32,474 --> 00:31:35,644 And he admits his confusion. Big head, then no big head. 528 00:31:35,711 --> 00:31:38,281 It's a normal-sized head now. Imagine that. 529 00:31:38,347 --> 00:31:41,451 So all we're left with is black. 530 00:31:41,518 --> 00:31:45,823 Stephan Furnald sits here black! 531 00:31:47,057 --> 00:31:48,959 Just black. 532 00:31:51,396 --> 00:31:55,601 They found no knife, no wallet, no watch. 533 00:31:55,667 --> 00:31:58,537 There's no physical evidence. 534 00:31:58,604 --> 00:32:00,807 Just an eyewitness, who in shock... 535 00:32:00,873 --> 00:32:03,876 said that he could only give a general description. 536 00:32:03,944 --> 00:32:08,316 Half of which, the "big head" part, he retracted. 537 00:32:08,382 --> 00:32:12,386 Do I really have to stand here and argue... 538 00:32:12,453 --> 00:32:15,290 there's some reasonable doubt? 539 00:32:16,425 --> 00:32:19,094 This was great. [ Exhales ] 540 00:32:19,161 --> 00:32:23,666 Listen. Can I, um, give you a ride or walk you to your car? 541 00:32:23,733 --> 00:32:26,002 Oh, no. Actually, um-- Excuse me. 542 00:32:26,069 --> 00:32:29,640 I'm, uh, gonna go to the clerk's office. It's just across the street. 543 00:32:29,706 --> 00:32:32,710 What about tonight? Did we decide dinner or movie? Uh-- 544 00:32:32,777 --> 00:32:35,747 I meant to bring the listings, but I forgot. You know, George. 545 00:32:35,813 --> 00:32:38,416 I'm gonna need to take a rain check on that. I'm sorry. 546 00:32:38,483 --> 00:32:41,587 Oh? Well, okay. 547 00:32:41,654 --> 00:32:45,558 It's just that I'm working on this big 10-B5 case which I thought was gonna be continued. 548 00:32:45,624 --> 00:32:47,694 The judge suddenly is just trying to jam us. 549 00:32:47,761 --> 00:32:49,729 I think he wants to try and force a settlement. 550 00:32:49,796 --> 00:32:53,233 I have to be in federal court first thing in the morning. Sure. 551 00:32:53,300 --> 00:32:56,671 Well, maybe Friday or Saturday night. I would love to, really. 552 00:32:56,737 --> 00:32:59,507 I would. Um, I have some houseguests coming. 553 00:32:59,574 --> 00:33:01,710 Otherwise, it'd be great. 554 00:33:01,777 --> 00:33:04,380 Listen, why don't I call you tomorrow. 555 00:33:04,446 --> 00:33:08,651 I can get my calendar out. And I think I'm really very clear next week. 556 00:33:08,718 --> 00:33:11,922 I'm, uh, out of town next week. 557 00:33:11,989 --> 00:33:16,360 Okay. Um-- What about, uh, week after then? 558 00:33:18,296 --> 00:33:20,999 Fine. Week after sounds good. 559 00:33:21,065 --> 00:33:22,834 Great. 560 00:33:26,739 --> 00:33:28,708 I just got this fax from the clerk's office. 561 00:33:28,774 --> 00:33:31,644 A notice of appearance of a new D.A. in the Braun trial. 562 00:33:31,711 --> 00:33:34,014 Asher Silverman? You know this guy? 563 00:33:34,080 --> 00:33:37,718 Asher Silverman is a legend. He has never lost a murder trial. 564 00:33:37,784 --> 00:33:41,589 - So this'll be a first then. - He's also an Orthodox rabbi. 565 00:33:41,656 --> 00:33:45,493 What are they up to? This must be in response to our moral duress strategy. 566 00:33:45,560 --> 00:33:48,330 - He's a D.A. and a rabbi? - Mm-hmm. 567 00:33:48,397 --> 00:33:51,234 Maybe this makes him more compassionate. He could be willing to deal. 568 00:33:51,300 --> 00:33:55,339 I don't know how he is as a rabbi, but as a D.A., this guy is ruthless. 569 00:33:55,405 --> 00:33:57,807 They're not bringing him in here to make a deal. 570 00:33:57,874 --> 00:34:00,745 This is obviously to offset any argument we make on Jewish law. 571 00:34:00,811 --> 00:34:05,283 - Which is why I gotta know. - We're on solid ground. 572 00:34:05,350 --> 00:34:08,987 Ah. Ellenor, good. I need you. You're third chairing the Braun case. 573 00:34:09,054 --> 00:34:12,324 I'm really sorry, Bobby. I just can't do that. 574 00:34:12,391 --> 00:34:15,628 Why? 575 00:34:15,695 --> 00:34:18,365 I'm just not comfortable working on this case. 576 00:34:18,431 --> 00:34:22,370 Please don't ask me to participate. 577 00:34:24,538 --> 00:34:27,609 I'd really ask that you respect me on this. 578 00:34:27,676 --> 00:34:30,145 Okay. 579 00:34:30,212 --> 00:34:32,547 [ Goode ] Forgive me. 580 00:34:32,614 --> 00:34:34,884 Could I be so intrusive as to ask why? 581 00:34:34,950 --> 00:34:38,621 You wore your yarmulke on that television program. 582 00:34:38,688 --> 00:34:42,125 When a rabbi speaks as a rabbi, 583 00:34:42,192 --> 00:34:44,728 he represents Judaism. 584 00:34:44,795 --> 00:34:47,899 You represented it as vengeful. 585 00:34:47,965 --> 00:34:50,168 And as a Jewish person, I was offended. 586 00:34:52,270 --> 00:34:54,406 I-- 587 00:34:56,609 --> 00:34:58,677 I'd just rather not work on the case. 588 00:34:58,744 --> 00:35:00,680 Fine. 589 00:35:07,822 --> 00:35:10,225 I don't know why you didn't tell my side of the story. 590 00:35:10,291 --> 00:35:13,528 You told me you were out for an innocent walk. That's all I needed to know. 591 00:35:13,594 --> 00:35:16,798 You didn't ask no hard questions. It's almost like you didn't wanna know. 592 00:35:16,865 --> 00:35:21,003 Well, defense lawyers gotta play by certain rules. 593 00:35:21,070 --> 00:35:23,473 And one of them is I'm stuck with whatever you tell me. 594 00:35:23,540 --> 00:35:26,076 And I can't argue something I know to be a lie. 595 00:35:26,143 --> 00:35:30,714 So, sometimes the less I know, the more free I can be with our defense. 596 00:35:30,781 --> 00:35:33,284 Now you... follow any of that? 597 00:35:33,351 --> 00:35:36,321 Yeah. All of it. 598 00:35:36,388 --> 00:35:39,959 They have a verdict. Whoa. 599 00:35:43,863 --> 00:35:46,933 Thirty-six minutes. I can tell time. 600 00:35:54,008 --> 00:35:55,943 All right. 601 00:35:57,845 --> 00:36:00,182 Will the defendant please rise? 602 00:36:03,286 --> 00:36:05,488 Members of the jury, have you reached your verdict? 603 00:36:05,554 --> 00:36:07,757 We have. 604 00:36:07,824 --> 00:36:11,962 On the matter of Commonwealth versus Stephan Furnald, 605 00:36:12,029 --> 00:36:14,364 on the charge of first-degree armed robbery, 606 00:36:14,431 --> 00:36:17,402 we find the defendant not guilty. 607 00:36:17,468 --> 00:36:19,437 [ Chuckles ] 608 00:36:19,504 --> 00:36:24,009 All right, Stephan. You're a free bird. Eat right and exercise. 609 00:36:24,075 --> 00:36:27,146 Thanks. [ Judge ] The defendant will see Probation. 610 00:36:27,213 --> 00:36:29,982 Then he will be released forthwith. Adjourned. 611 00:36:30,049 --> 00:36:31,951 [ Gavel Raps ] 612 00:36:33,987 --> 00:36:36,424 Small bills only. Mm-hmm. 613 00:36:36,490 --> 00:36:39,593 Buy yourself a new tie. 614 00:36:41,362 --> 00:36:45,367 Oh, Mr. Young. I'm free no matter what now, right? 615 00:36:45,434 --> 00:36:49,304 Correct. So, no matter what they say, they can't retry me or nothing? 616 00:36:49,371 --> 00:36:53,276 Also correct. Double jeopardy. But I wouldn't be holding any press conferences. 617 00:36:53,343 --> 00:36:56,880 [ Scoffs ] Oh, man. 618 00:36:56,947 --> 00:36:59,816 I only want to say this to you. 619 00:36:59,884 --> 00:37:03,688 I didn't do it. Man, I didn't stick that guy up. 620 00:37:03,755 --> 00:37:07,159 I was just out taking a walk. 621 00:37:08,594 --> 00:37:12,665 So, uh, thanks for believing in me. 622 00:37:17,571 --> 00:37:20,074 What'd he say? 623 00:37:20,140 --> 00:37:22,610 You know, 624 00:37:22,677 --> 00:37:24,545 just thanking me. 625 00:37:24,612 --> 00:37:26,781 Ah. 626 00:37:35,091 --> 00:37:38,695 - Change of venue to where? - Uh, Charlestown, Your Honor. 627 00:37:38,761 --> 00:37:40,964 You could still keep jurisdiction if you want. 628 00:37:41,031 --> 00:37:43,667 You think there might be less media attention in Charlestown? 629 00:37:43,734 --> 00:37:47,338 Could it be possible that you want a Charlestown jury, counsel? 630 00:37:47,405 --> 00:37:50,842 - I'm just looking for a fair trial, Your Honor. - [ Chuckles ] Yes. 631 00:37:50,909 --> 00:37:55,615 Or you might be looking for a jury to come back and pronounce your client mayor. 632 00:37:55,681 --> 00:37:59,552 Motion to change venue is denied. Gerald Braun will stand trial here. 633 00:37:59,619 --> 00:38:01,955 [ Gavel Raps ] 634 00:38:04,458 --> 00:38:07,461 I postponed it. That's all. So now what happens? 635 00:38:07,528 --> 00:38:10,465 You know, the usual. 636 00:38:10,532 --> 00:38:14,870 You know, I'll call him at home during the day when I know he's at work. 637 00:38:14,937 --> 00:38:17,873 I'll leave him a few polite messages on his machine. 638 00:38:17,940 --> 00:38:20,009 He'll eventually get the message. 639 00:38:20,076 --> 00:38:22,111 And then-- I don't know-- 640 00:38:22,178 --> 00:38:24,848 I'll meet up with him sometime around... never. 641 00:38:24,914 --> 00:38:27,051 You got it all figured out, huh? Oh, yeah. 642 00:38:27,117 --> 00:38:29,520 I know how it works. Trust me on this one. 643 00:38:29,587 --> 00:38:33,691 Ellenor, you had no right to do that. 644 00:38:33,758 --> 00:38:37,295 Right? I need a right? 645 00:38:37,363 --> 00:38:40,199 For the kind of treatment you expect from other people-- 646 00:38:40,266 --> 00:38:42,869 It just wasn't there, the chemistry. It's got nothing to do with rights. 647 00:38:42,935 --> 00:38:46,539 But you rejected him because of his looks. And? 648 00:38:46,606 --> 00:38:50,444 "And"? And you can live with that? 649 00:38:50,511 --> 00:38:53,214 Can I live with it? 650 00:38:53,281 --> 00:38:56,384 Yeah. 651 00:38:56,450 --> 00:38:59,321 I've been living with it my entire adulthood. 652 00:38:59,388 --> 00:39:02,792 I'll survive. And I'm sure so will George. 653 00:39:02,858 --> 00:39:05,161 You could've at least been honest with him. 654 00:39:05,228 --> 00:39:09,800 Playing that stupid game? I mean, come on. 655 00:39:09,866 --> 00:39:12,836 Let me explain something to you, Rebecca. 656 00:39:12,903 --> 00:39:15,172 You're grateful for the game. 657 00:39:15,239 --> 00:39:18,776 You appreciate some excuse like houseguests, 658 00:39:18,843 --> 00:39:22,380 or there's just too much work piling up. 659 00:39:22,447 --> 00:39:25,884 It's a lot easier to take than the truth. 660 00:39:25,951 --> 00:39:29,823 And it's a lot easier to believe, even-- 661 00:39:40,268 --> 00:39:42,971 And as for my right, 662 00:39:43,038 --> 00:39:46,508 if I have ever earned an entitlement to anything-- 663 00:39:51,614 --> 00:39:53,750 Never mind. 664 00:39:56,920 --> 00:39:58,856 First up, Jewish law. 665 00:39:58,922 --> 00:40:01,793 Between now and next week, you are gonna make me an expert on the Talmud. 666 00:40:01,860 --> 00:40:04,195 Hey, how'd lunch go? Oh, fine. 667 00:40:04,262 --> 00:40:08,567 Good. Jimmy, where were you? 668 00:40:08,633 --> 00:40:13,373 - Venue motion? - Somehow I thought you'd be okay without me. 669 00:40:15,641 --> 00:40:17,778 A minute, please, now. 670 00:40:26,989 --> 00:40:29,191 I want and need your help on this case. 671 00:40:29,257 --> 00:40:32,528 But make no mistake, you are not a good trial attorney. 672 00:40:32,595 --> 00:40:36,532 I'm sorry to be brutal, Jimmy. But this is a homicide case. 673 00:40:36,600 --> 00:40:39,969 For you even to ask for it is selfish and totally unfair to the client. 674 00:40:40,037 --> 00:40:43,240 I consider you an asset to this firm. 675 00:40:43,307 --> 00:40:46,877 But for now, your job is primarily motion practice and trench work. 676 00:40:46,944 --> 00:40:48,914 Let's not have any illusions. 677 00:40:51,182 --> 00:40:54,020 Now come on. We have to meet with our client. 678 00:40:56,956 --> 00:41:00,994 ♪ [ Blues ] [ Chattering ] 679 00:41:18,981 --> 00:41:21,885 Hey. Hey. 680 00:41:21,952 --> 00:41:24,988 I'm buying. Came into some cash. Another one. 681 00:41:25,055 --> 00:41:27,191 Yeah, I heard. 682 00:41:29,293 --> 00:41:32,196 Usually when you win, you come back with a strut. 683 00:41:32,264 --> 00:41:34,199 [ Chuckles ] 684 00:41:36,669 --> 00:41:40,573 My client did not commit the crime with which he was charged. 685 00:41:40,639 --> 00:41:45,111 And it never even dawned on me that he was anything but guilty. 686 00:41:46,480 --> 00:41:49,516 Well, they almost always are guilty. 687 00:41:49,583 --> 00:41:51,586 That's not the point. 688 00:41:51,652 --> 00:41:55,223 The point is the one you were trying to make yesterday. 689 00:42:01,130 --> 00:42:03,966 I'm convicting them before they even get to the judge. 690 00:42:04,033 --> 00:42:06,503 And I'm the defense lawyer. 691 00:42:07,770 --> 00:42:09,907 Yeah. 692 00:42:11,208 --> 00:42:13,677 Well, you got an acquittal. 693 00:42:14,979 --> 00:42:17,716 Yeah. 694 00:42:17,782 --> 00:42:19,818 Probably why I feel so good. 695 00:42:19,884 --> 00:42:21,987 [ Chuckles ] 696 00:42:23,723 --> 00:42:26,392 To the winners? 697 00:42:26,459 --> 00:42:28,594 [ Thunderclap ] 698 00:42:28,661 --> 00:42:32,633 Am I the only one that sees the utter perversity of this? 699 00:42:32,699 --> 00:42:36,003 Ronald Martin commits a murder, they assign a junior varsity D.A. 700 00:42:36,070 --> 00:42:37,939 For me, they bring in the heavyweight. 701 00:42:38,005 --> 00:42:40,074 Pam Borge is not junior varsity. 702 00:42:40,142 --> 00:42:42,978 But they're pushing harder on this than they did on Ronald Martin. 703 00:42:43,045 --> 00:42:46,014 That's because you went on TV, Danny, and you embarrassed them. 704 00:42:46,081 --> 00:42:49,685 - They're making an example here because of you. - I was trying to protect him! 705 00:42:49,753 --> 00:42:53,122 Well, you didn't protect him! If you hadn't shot off your big mouth, 706 00:42:53,189 --> 00:42:55,625 we'd be getting manslaughter right now. 707 00:42:55,692 --> 00:42:58,529 - It's still not too late to switch to insanity. - No. 708 00:42:58,596 --> 00:43:00,931 It's not too late to hire a new lawyer either. 709 00:43:00,998 --> 00:43:05,370 That was the sanest moment of my life. I'll get right on that stand and say so. 710 00:43:05,437 --> 00:43:08,507 Say it like that and wave bye-bye to your wife and world. 711 00:43:08,574 --> 00:43:12,044 - Who the hell's side are you on here? - Listen to me, both of you! 712 00:43:12,111 --> 00:43:14,447 The whole world may be cheering! 713 00:43:14,514 --> 00:43:16,717 Publishers may be bidding to tell your story! 714 00:43:16,784 --> 00:43:19,820 All I care about is what 12 people in a box are gonna think! 715 00:43:19,887 --> 00:43:22,523 This D.A. isn't good. He is great! 716 00:43:22,590 --> 00:43:26,728 He has never lost a murder trial! 717 00:43:26,795 --> 00:43:30,633 And if he can convince those jurors to ignore the cheering and the sympathy... 718 00:43:30,700 --> 00:43:34,637 and concentrate on the law like they should be doing, you both go away! 719 00:43:34,704 --> 00:43:39,476 Because you committed premeditated murder, and you were an accessory. 720 00:43:41,878 --> 00:43:47,118 I'm on your side. But I am telling you, we are in trouble. 721 00:43:56,796 --> 00:43:59,032 Next onThe Practice. 722 00:43:59,098 --> 00:44:01,468 - [ Woman ] Rabbi Silverman, what is your position? - There. 723 00:44:01,535 --> 00:44:05,573 Let me tell you a few things about Silverman. He stays still. Almost motionless sometimes. 724 00:44:05,640 --> 00:44:09,377 He'll slowly move towards you. He won't shout or thump his chest. 725 00:44:09,444 --> 00:44:12,581 He just moves in very slowly, trying to intimidate you. 726 00:44:12,648 --> 00:44:16,085 Last chance. We'll still take manslaughter. He could walk. 727 00:44:16,152 --> 00:44:18,921 I think not. 728 00:44:18,995 --> 00:44:20,995 Why don't we just argue temporary insanity? The jury-- 729 00:44:21,062 --> 00:44:22,862 No! They'll let you go! 730 00:44:22,928 --> 00:44:25,662 I wasn't insane. I won't say that I was, damn it. 731 00:44:25,728 --> 00:44:29,162 Do you swear to tell the truth, the whole truth, 732 00:44:29,228 --> 00:44:31,128 and nothing but the truth, so help you, God? 733 00:44:31,195 --> 00:44:33,262 So help me God. 734 00:44:59,562 --> 00:45:01,395 [ Woman ] You stinker!