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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:07,616 --> 00:00:08,834 MAN [over earbuds]: ...on the court tell a different story. 2 00:00:08,878 --> 00:00:10,662 You're listening to Strictly Legal Talk, 3 00:00:10,706 --> 00:00:12,099 a professional legal podcast. 4 00:00:20,150 --> 00:00:21,369 [knocking] 5 00:00:21,412 --> 00:00:25,416 MAN: Excuse me, Judge Duggan? 6 00:00:25,460 --> 00:00:27,244 Tony. Come in. 7 00:00:27,288 --> 00:00:29,899 Listen, I know 8 00:00:29,942 --> 00:00:32,032 you're new, but everyone around here calls me Madison. 9 00:00:32,075 --> 00:00:34,034 Yes, ma'am. 10 00:00:34,077 --> 00:00:36,514 I didn't mean to disturb you, but the jury's in the box. [gavel bangs] 11 00:00:36,558 --> 00:00:39,082 Please introduce yourself to Her Honor 12 00:00:39,126 --> 00:00:41,084 and the membersof the jury. 13 00:00:41,128 --> 00:00:43,347 My name is Debra Jansen, 14 00:00:43,391 --> 00:00:45,088 and I'm a registered nurse. 15 00:00:45,132 --> 00:00:48,178 Did you and the defendant, Dr. Stanley Ferris, 16 00:00:48,222 --> 00:00:50,180 perform an assisted suicide? 17 00:00:50,224 --> 00:00:52,269 Yes. We did. 18 00:00:52,313 --> 00:00:55,185 And could you please describe the circumstances? 19 00:00:55,229 --> 00:00:56,447 The patient was 20 00:00:56,491 --> 00:00:58,536 a 72-year-old male. 21 00:00:58,580 --> 00:01:01,365 He was sufferingfrom diabetes and heart disease. 22 00:01:01,409 --> 00:01:04,455 Didn't have long to live, but obviously, 23 00:01:04,499 --> 00:01:07,110 in a tremendous amount of pain and discomfort. 24 00:01:07,154 --> 00:01:08,807 [door opens]We went 25 00:01:08,851 --> 00:01:10,722 to his home.I administered 26 00:01:10,766 --> 00:01:12,507 four milligrams of ondansetron. 27 00:01:12,550 --> 00:01:13,812 It's a tablet. 28 00:01:13,856 --> 00:01:15,292 We give itto prevent nausea, 29 00:01:15,336 --> 00:01:16,946 vomiting. 30 00:01:16,989 --> 00:01:19,470 Once he'd gotten that down, 31 00:01:19,514 --> 00:01:21,994 Dr. Ferris mixed ten grams 32 00:01:22,038 --> 00:01:24,475 of secobarbital with apple juice. 33 00:01:24,519 --> 00:01:26,173 About 30 minutes later, 34 00:01:26,216 --> 00:01:27,826 the patient stopped breathing. 35 00:01:27,870 --> 00:01:30,655 Thank you. I have nothing further, Your Honor. 36 00:01:30,699 --> 00:01:33,180 Any questions from the defense? 37 00:01:35,051 --> 00:01:36,835 MALLOY: Let me ask you a question, Ms. Jansen. 38 00:01:36,879 --> 00:01:39,882 The deceased was suffering, wasn't he? 39 00:01:39,925 --> 00:01:41,318 Very much so. Yes. 40 00:01:41,362 --> 00:01:45,105 And he askedto be euthanized, didn't he? 41 00:01:45,148 --> 00:01:46,845 Yes. Of course. 42 00:01:46,889 --> 00:01:49,413 Now the reason you're here today, 43 00:01:49,457 --> 00:01:53,069 the reason we're all here today is that 44 00:01:53,113 --> 00:01:55,202 the A.D.A. cut you a deal in exchange for 45 00:01:55,245 --> 00:01:57,029 your testimony,isn't that right? 46 00:01:57,073 --> 00:01:59,249 She promised not to prosecute me 47 00:01:59,293 --> 00:02:01,904 for being a part of it if I testified. Yes. 48 00:02:01,947 --> 00:02:03,079 Thank you. 49 00:02:03,123 --> 00:02:04,341 I have nothing further. 50 00:02:04,385 --> 00:02:05,516 DUGGAN: Okay. 51 00:02:05,560 --> 00:02:07,170 Let's take a brief recess. 52 00:02:07,214 --> 00:02:10,565 Ms. Boyd, I'd like to see youand the witness in my chambers. 53 00:02:17,049 --> 00:02:20,227 I noticed there are federal agents in the gallery. 54 00:02:20,270 --> 00:02:22,229 Ms. Boyd, 55 00:02:22,272 --> 00:02:24,361 when you promised not to prosecute Ms. Jansen, 56 00:02:24,405 --> 00:02:26,450 did you reach out to your federal counterparts 57 00:02:26,494 --> 00:02:29,149 and make sure the promise would bind the United States 58 00:02:29,192 --> 00:02:30,411 Attorney's Office, as well? 59 00:02:30,454 --> 00:02:32,674 No, Your Honor. 60 00:02:32,717 --> 00:02:34,415 So you made a deal with this witness, 61 00:02:34,458 --> 00:02:35,938 but you didn'tget the Feds 62 00:02:35,981 --> 00:02:37,287 to sign off on it? 63 00:02:37,331 --> 00:02:39,985 Those FBI agents grab you, 64 00:02:40,029 --> 00:02:41,900 you are lookingat ten years. 65 00:02:41,944 --> 00:02:43,424 Ten years? 66 00:02:44,990 --> 00:02:47,732 So, wait. They're-they're here to arrest me? 67 00:02:47,776 --> 00:02:50,648 I never would have agreed to testify if I had known 68 00:02:50,692 --> 00:02:52,476 that could happen. 69 00:02:52,520 --> 00:02:54,261 You made a critical error. 70 00:02:54,304 --> 00:02:56,001 You should have dialed in the Feds 71 00:02:56,045 --> 00:02:57,568 before you promised her immunity. 72 00:02:57,612 --> 00:02:59,396 Okay. Wait a second.Let's figure this out. 73 00:02:59,440 --> 00:03:01,398 Maybe if you couldlet her stay in here, 74 00:03:01,442 --> 00:03:02,747 she could call her lawyer? 75 00:03:02,791 --> 00:03:04,880 All of us together--we can work this out. 76 00:03:04,923 --> 00:03:06,490 You're not going to work anything out. 77 00:03:06,534 --> 00:03:09,406 They are here to do a job, and they're gonna do it. 78 00:03:09,450 --> 00:03:11,234 The second she walks back into that courtroom, 79 00:03:11,278 --> 00:03:13,105 they are gonna take her into custody, 80 00:03:13,149 --> 00:03:15,107 whether she's called a lawyer or not. 81 00:03:15,151 --> 00:03:16,848 Oh, my God. 82 00:03:16,892 --> 00:03:19,286 I have kids. I... 83 00:03:24,291 --> 00:03:26,597 Why don't you return to the courtroom? 84 00:03:26,641 --> 00:03:28,251 Give us a moment. 85 00:03:31,994 --> 00:03:35,389 [door opens, closes] 86 00:03:40,176 --> 00:03:41,438 COURT OFFICER:All rise! 87 00:03:41,482 --> 00:03:43,745 Oh, no, no, stop. Sorry for 88 00:03:43,788 --> 00:03:45,181 the delay, everyone. 89 00:03:46,661 --> 00:03:49,185 Agents, can you please take your seats? 90 00:03:49,229 --> 00:03:50,621 I'd like to resume trial. 91 00:03:50,665 --> 00:03:52,275 Of course. We'll leave 92 00:03:52,319 --> 00:03:53,798 in just a second, but we need to speak 93 00:03:53,842 --> 00:03:55,235 to the witness who just testified. 94 00:03:55,278 --> 00:03:57,106 The nurse.I think you may have just missed her. 95 00:03:57,149 --> 00:03:58,673 Missed her? 96 00:03:58,716 --> 00:04:01,023 I believe she had another matterto attend to. 97 00:04:01,066 --> 00:04:03,025 Your Honor, let me be clear. 98 00:04:03,068 --> 00:04:04,287 We came here to arrest her. 99 00:04:04,331 --> 00:04:06,637 I don't know what to tell you. 100 00:04:06,681 --> 00:04:08,987 You understand what this looks like? 101 00:04:09,031 --> 00:04:11,816 You called Ms. Jansen into your chambers immediately 102 00:04:11,860 --> 00:04:14,471 after she confesses to illegal drug distribution. 103 00:04:14,515 --> 00:04:15,820 Now she's gone? 104 00:04:15,864 --> 00:04:18,562 Again... I don't know what to tell you. 105 00:04:18,606 --> 00:04:20,782 If you feel you have lawful authority 106 00:04:20,825 --> 00:04:22,174 to arrest someone, 107 00:04:22,218 --> 00:04:24,089 then you should do so.You just need 108 00:04:24,133 --> 00:04:26,396 to do it in a way that doesn't intimidate witnesses, 109 00:04:26,440 --> 00:04:28,529 or cause a disruption in my courtroom. 110 00:04:28,572 --> 00:04:30,400 Understood? 111 00:04:30,444 --> 00:04:33,098 Oh, I completely understand, Your Honor. 112 00:04:33,142 --> 00:04:34,709 But do you understand 113 00:04:34,752 --> 00:04:37,015 that in intentionally allowing Ms. Jansen to evade arrest, 114 00:04:37,059 --> 00:04:38,669 you just committed a federal crime? 115 00:04:38,713 --> 00:04:40,410 [gallery murmuring] 116 00:04:40,454 --> 00:04:42,020 Need you to step down from the bench 117 00:04:42,064 --> 00:04:43,457 and put your hands behind your back. 118 00:04:43,500 --> 00:04:45,328 And I need you to leave my courtroom. 119 00:04:45,372 --> 00:04:47,287 I have a trial to attend to. Court officer? 120 00:04:51,421 --> 00:04:53,423 Seriously? 121 00:04:53,467 --> 00:04:56,383 I'm asking you one last time. Step off the bench. 122 00:05:08,351 --> 00:05:10,353 Judge Duggan,you're being charged 123 00:05:10,397 --> 00:05:13,356 with obstruction of justice andaiding and abetting an escape. 124 00:05:13,400 --> 00:05:15,271 You have the rightto remain silent...Save your breath. 125 00:05:15,315 --> 00:05:17,360 I know the song. I can recite the lyrics by heart. 126 00:05:17,404 --> 00:05:20,058 Anything you say canand will be used against you 127 00:05:20,102 --> 00:05:21,233 in a court of law. 128 00:05:21,277 --> 00:05:22,365 You have the rightto an attorney. 129 00:05:22,409 --> 00:05:23,540 If you cannot afford 130 00:05:23,584 --> 00:05:25,542 an attorney, one will beprovided for you. 131 00:05:25,586 --> 00:05:27,022 MARISSA: Wow. 132 00:05:27,065 --> 00:05:29,894 A judge with half a million Twitter followers. 133 00:05:29,938 --> 00:05:31,374 CHUNK: Well, I'm guessing 134 00:05:31,418 --> 00:05:33,028 she's a bleeding heart? 135 00:05:33,071 --> 00:05:35,726 The kind that sends defendants home with a slap on the wrist? 136 00:05:35,770 --> 00:05:38,599 Well, that is not exactly the way that I would describe her. 137 00:05:38,642 --> 00:05:41,906 A defendant was convictedof a drunk driving hit-and-run. 138 00:05:41,950 --> 00:05:44,692 She ordered him to spend a week living at the morgue. 139 00:05:44,735 --> 00:05:46,389 Eating, sleeping. 140 00:05:46,433 --> 00:05:48,565 All of it, surrounded 141 00:05:48,609 --> 00:05:51,481 by lifeless, mangled victims of car accidents. 142 00:05:51,525 --> 00:05:53,396 A week at the morgue? 143 00:05:53,440 --> 00:05:55,224 I think I'd rather go to prison. 144 00:05:55,267 --> 00:05:57,531 She sentenced another defendant,a slumlord, 145 00:05:57,574 --> 00:06:00,011 to live in one of his rat-infested properties 146 00:06:00,055 --> 00:06:01,709 for six months. 147 00:06:01,752 --> 00:06:04,276 Oh. So she's one of those. 148 00:06:04,320 --> 00:06:05,843 And apparently, it is effective. 149 00:06:05,887 --> 00:06:08,368 Judge Duggan's defendantshave the lowest recidivism rates 150 00:06:08,411 --> 00:06:10,413 in the city-- an average of 17%. 151 00:06:10,457 --> 00:06:12,937 Sounds like there's a method to her madness. 152 00:06:12,981 --> 00:06:14,765 [phone chimes, vibrates]Oh. 153 00:06:14,809 --> 00:06:16,419 That's her. She's in the lobby. 154 00:06:16,463 --> 00:06:17,942 DUGGAN: I appreciate 155 00:06:17,986 --> 00:06:19,770 you seeing me on such short notice. 156 00:06:19,814 --> 00:06:21,293 I know you're both very busy. 157 00:06:21,337 --> 00:06:22,773 Happy to be of help. 158 00:06:22,817 --> 00:06:25,254 DUGGAN:First, I know what peopleare saying about me. 159 00:06:25,297 --> 00:06:27,387 They think I have some sort of agenda, 160 00:06:27,430 --> 00:06:29,954 both political and personal.Well, 161 00:06:29,998 --> 00:06:31,434 you were elected to the bench. People assume 162 00:06:31,478 --> 00:06:33,175 you have your sights set on bigger and better things. 163 00:06:33,218 --> 00:06:35,612 BENNY: The prosecutor is alleging you used 164 00:06:35,656 --> 00:06:38,485 your platform as a judge to raise your profile, 165 00:06:38,528 --> 00:06:39,964 make a political statement. 166 00:06:40,008 --> 00:06:42,184 The prosecutor's wrong. 167 00:06:42,227 --> 00:06:45,796 This isn't about self-promotionor assisted suicide. 168 00:06:45,840 --> 00:06:48,669 In fact, I don't even havean opinion on assisted suicide. 169 00:06:48,712 --> 00:06:50,105 Then, why'd you do it? 170 00:06:50,148 --> 00:06:52,977 You, of all people, know the jeopardy you're facing. 171 00:06:53,021 --> 00:06:55,023 Could cost you 25 years in prison, 172 00:06:55,066 --> 00:06:57,808 your seat on the bench, your license to practice. 173 00:06:57,852 --> 00:07:00,985 I know it's gonna sound likesomething from a bumper sticker, 174 00:07:01,029 --> 00:07:04,989 but... I did it to protect the sanctity of the courtroom, 175 00:07:05,033 --> 00:07:06,904 the sovereignty of judges, 176 00:07:06,948 --> 00:07:09,298 the-the business of providing justice. 177 00:07:09,341 --> 00:07:10,604 BENNY: Forgive me, but 178 00:07:10,647 --> 00:07:12,997 I'm not sure I follow. 179 00:07:13,041 --> 00:07:15,957 I'm responsible for what happensin my courtroom. 180 00:07:16,000 --> 00:07:18,481 I can't have people who would otherwise testify worry 181 00:07:18,525 --> 00:07:21,484 that if they do, some other arm of law is gonna be 182 00:07:21,528 --> 00:07:24,095 waiting for them in the lobby because they owe back taxes, 183 00:07:24,139 --> 00:07:25,836 or they have an outstanding parking ticket, 184 00:07:25,880 --> 00:07:27,185 or who knows what. 185 00:07:27,229 --> 00:07:28,665 BENNY: So you let her 186 00:07:28,709 --> 00:07:31,538 exit through the judge's lobby to the private elevator, 187 00:07:31,581 --> 00:07:33,931 and slip out the back door of the courthouse? 188 00:07:33,975 --> 00:07:36,499 I gave her time to consult with an attorney, 189 00:07:36,543 --> 00:07:39,763 so she could arrange to turn herself in and avoid arrest. 190 00:07:39,807 --> 00:07:41,461 And did she? 191 00:07:42,505 --> 00:07:44,333 I don't know. 192 00:07:46,161 --> 00:07:48,555 I'm worried she fled. 193 00:07:48,598 --> 00:07:49,947 But that's not the point. 194 00:07:49,991 --> 00:07:51,514 And what is? 195 00:07:51,558 --> 00:07:55,344 Court has to be a safe space, 196 00:07:55,387 --> 00:07:57,389 a sacred space. 197 00:07:57,433 --> 00:07:59,870 Otherwise, no one will participate. 198 00:07:59,914 --> 00:08:01,872 Criminals will walk free, 199 00:08:01,916 --> 00:08:03,657 the crime rate will rise. 200 00:08:06,921 --> 00:08:08,923 So will you help me? 201 00:08:10,098 --> 00:08:12,535 Will you represent me? 202 00:08:12,579 --> 00:08:14,581 Please? 203 00:08:16,452 --> 00:08:19,107 Well, when you put it like that. 204 00:08:21,109 --> 00:08:23,111 ♪ 205 00:08:27,855 --> 00:08:31,336 [bangs gavel]Good morning. I understand 206 00:08:31,380 --> 00:08:32,642 the defense has filed a motion 207 00:08:32,686 --> 00:08:33,861 to dismiss. 208 00:08:33,904 --> 00:08:35,645 That is correct,Your Honor. 209 00:08:35,689 --> 00:08:37,168 Hmm. I'll hear you. 210 00:08:37,212 --> 00:08:38,561 Although, I confess, 211 00:08:38,605 --> 00:08:41,390 my clerk has already informed meof your position. 212 00:08:41,433 --> 00:08:43,348 Apparently, 213 00:08:43,392 --> 00:08:45,568 your client was twittering about it all morning. 214 00:08:45,612 --> 00:08:46,830 [gallery murmuring] 215 00:08:46,874 --> 00:08:48,789 Apparently, she's... 216 00:08:48,832 --> 00:08:51,182 quite the media sensation. 217 00:08:51,226 --> 00:08:54,185 It's tweeting,not twittering. 218 00:08:54,229 --> 00:08:56,187 Argue your motion, Mr. Colón. 219 00:08:56,231 --> 00:08:57,667 Of course, Your Honor. [sighs] 220 00:08:57,711 --> 00:09:02,193 It is the defendant's contentionthat pursuant to Rule 12 221 00:09:02,237 --> 00:09:04,805 of the Federal Rules of Criminal Procedure 222 00:09:04,848 --> 00:09:07,547 that the indictment must be dismissed. 223 00:09:07,590 --> 00:09:10,158 My client is being criminally prosecuted 224 00:09:10,201 --> 00:09:12,856 for doing exactly what she was sworn to do-- 225 00:09:12,900 --> 00:09:15,511 exercise judicial discretion, 226 00:09:15,555 --> 00:09:18,209 protect the integrity of her courtroom, and 227 00:09:18,253 --> 00:09:19,471 ensure that justice is served. 228 00:09:19,515 --> 00:09:21,125 OLSEN:Does that mean 229 00:09:21,169 --> 00:09:23,388 you stipulate that your clientallowed someone to evade arrest? 230 00:09:23,432 --> 00:09:25,608 He's admitting his client did it.I am admitting 231 00:09:25,652 --> 00:09:27,392 nothing of the kind. 232 00:09:27,436 --> 00:09:29,656 She allowed a witness to seek counsel. 233 00:09:29,699 --> 00:09:32,876 Mr. Olsen, does the United States have a response? 234 00:09:32,920 --> 00:09:36,184 It's our position that Ms. Duggan... 235 00:09:36,227 --> 00:09:38,142 Excuse me. It's JudgeDuggan. 236 00:09:38,186 --> 00:09:39,622 The woman is still a judge. 237 00:09:39,666 --> 00:09:41,145 I don't carewhat they call me. 238 00:09:41,189 --> 00:09:42,451 That's not the point. 239 00:09:42,494 --> 00:09:44,105 We need to set a certain tone. 240 00:09:44,148 --> 00:09:46,237 Ms. Duggan is under suspension. 241 00:09:46,281 --> 00:09:48,588 Judge Duggan is on administrative leave 242 00:09:48,631 --> 00:09:50,590 until the case is resolved. 243 00:09:50,633 --> 00:09:52,243 And she should be given 244 00:09:52,287 --> 00:09:54,419 the respect that she deserves.[gavel bangs] 245 00:09:54,463 --> 00:09:55,899 Gentlemen... 246 00:09:55,943 --> 00:09:58,206 since neither of you hasappeared in my courtroom before, 247 00:09:58,249 --> 00:10:00,208 let me set a few ground rules for you. 248 00:10:00,251 --> 00:10:02,340 I run a tight ship. 249 00:10:02,384 --> 00:10:04,821 No one speaks out of turn, and if 250 00:10:04,865 --> 00:10:07,432 I want you to elaborate on anything, I will let you know. 251 00:10:07,476 --> 00:10:08,608 Got it? 252 00:10:08,651 --> 00:10:10,348 Of course, Your Honor.Yes, Your Honor. 253 00:10:10,392 --> 00:10:12,873 Continue please, Mr. Olsen. 254 00:10:12,916 --> 00:10:16,398 The defendant's decision toignore a federal arrest warrant 255 00:10:16,441 --> 00:10:18,748 appears to have been a publicity stunt 256 00:10:18,792 --> 00:10:21,316 orchestrated by a media-savvy jurist, 257 00:10:21,359 --> 00:10:24,624 hoping to eventuallyseek higher elected office. 258 00:10:24,667 --> 00:10:27,714 We simply cannot allow obstructing the work 259 00:10:27,757 --> 00:10:30,412 of federal law enforcement to be taken lightly. 260 00:10:30,455 --> 00:10:34,677 The defendant must be held accountable for her actions. 261 00:10:34,721 --> 00:10:36,853 I must say, I agree with the prosecution. 262 00:10:36,897 --> 00:10:38,638 I'm not going 263 00:10:38,681 --> 00:10:41,292 to endorse a rogue judge's behavior. 264 00:10:41,336 --> 00:10:44,687 The defendant's motion to dismiss is denied. 265 00:10:44,731 --> 00:10:47,385 Case will be decided by a jury. 266 00:10:47,429 --> 00:10:49,866 Clearly, this is gonna be an uphill battle. 267 00:10:49,910 --> 00:10:51,694 One more thing. 268 00:10:51,738 --> 00:10:53,696 Yes, Your Honor? 269 00:10:53,740 --> 00:10:55,872 I'm issuing a gag order. 270 00:10:55,916 --> 00:10:58,353 Respectfully, I don't believe that's necessary, Your Honor. 271 00:10:58,396 --> 00:11:01,312 Objection noted and overruled. 272 00:11:01,356 --> 00:11:04,011 There will be no twittering or Facebooking 273 00:11:04,054 --> 00:11:05,969 or any other form of commentary 274 00:11:06,013 --> 00:11:08,493 during the pendency of this case. 275 00:11:08,537 --> 00:11:10,104 Have I made myself clear? 276 00:11:10,147 --> 00:11:12,367 Yes, Your Honor. 277 00:11:14,195 --> 00:11:16,153 [sighs heavily] Sorry, Bull. 278 00:11:16,197 --> 00:11:19,853 Try as I might, I just could not make it go away. 279 00:11:19,896 --> 00:11:22,986 [sighs]Don't beat yourself up too much. 280 00:11:23,030 --> 00:11:25,336 I realize nowthere was no way on earth 281 00:11:25,380 --> 00:11:27,730 that judge was gonna letour judge off without a trial. 282 00:11:27,774 --> 00:11:29,732 Hmm. 283 00:11:29,776 --> 00:11:32,126 Have you read about our client? 284 00:11:32,169 --> 00:11:34,824 She sure does get some press. 285 00:11:34,868 --> 00:11:37,479 She had this one case once, a residential burglary. 286 00:11:37,522 --> 00:11:39,873 Victim was juggling two jobs at once. 287 00:11:39,916 --> 00:11:42,963 Husband was dying, and she's caring for him. 288 00:11:43,006 --> 00:11:45,226 It's a huge burden for her to get to the court 289 00:11:45,269 --> 00:11:46,793 during normal hours. 290 00:11:46,836 --> 00:11:51,275 So Judge Duggan decided she was gonna hold court at night. 291 00:11:51,319 --> 00:11:54,714 Every component of the system complained. 292 00:11:54,757 --> 00:11:56,890 Courthouse didn't want to keep the lights on. 293 00:11:56,933 --> 00:11:59,240 The jail didn't want to transport the prisoner 294 00:11:59,283 --> 00:12:00,502 after hours. 295 00:12:00,545 --> 00:12:03,897 But our client dug in and made it happen. 296 00:12:03,940 --> 00:12:05,159 That's nice. 297 00:12:05,202 --> 00:12:06,813 I thinkit's more than nice. 298 00:12:06,856 --> 00:12:08,379 I think it'sindicative of someone 299 00:12:08,423 --> 00:12:10,773 who's committed to the ideathat justice should exist 300 00:12:10,817 --> 00:12:12,993 for everyone;it shouldn't be compromised 301 00:12:13,036 --> 00:12:15,691 because it might beinconvenient for the system. 302 00:12:15,735 --> 00:12:17,214 I think she 303 00:12:17,258 --> 00:12:19,086 genuinely believes in these things. 304 00:12:19,129 --> 00:12:21,741 I believe she honestly thought that the nurse's reward 305 00:12:21,784 --> 00:12:24,700 for being willing to testify shouldn't be getting arrested 306 00:12:24,744 --> 00:12:26,571 by another agency. 307 00:12:26,615 --> 00:12:29,009 So, how do you want to play this? 308 00:12:29,052 --> 00:12:31,098 Who would be on your ideal jury? 309 00:12:31,141 --> 00:12:32,839 Well, here'san abstract idea. 310 00:12:32,882 --> 00:12:35,232 Sometimes you haveto skirt the law 311 00:12:35,276 --> 00:12:37,887 in order to maintainits integrity. 312 00:12:37,931 --> 00:12:39,889 You've got that right.Our client... 313 00:12:39,933 --> 00:12:41,978 [sighs]: Judge Duggan... 314 00:12:42,022 --> 00:12:44,372 she's guided by the spirit of the law 315 00:12:44,415 --> 00:12:45,721 rather than the letter of it. 316 00:12:45,765 --> 00:12:48,550 So we want people who can see the big picture. 317 00:12:48,593 --> 00:12:50,682 Exactly. We need to deselect narrow-minded thinkers 318 00:12:50,726 --> 00:12:53,598 and embrace people who are at least willing to explore 319 00:12:53,642 --> 00:12:56,123 the possibility that, while at first glance 320 00:12:56,166 --> 00:12:58,778 something may appear precise and definite, 321 00:12:58,821 --> 00:13:01,432 it may be open to interpretation, 322 00:13:01,476 --> 00:13:03,304 have a deeper meaning. 323 00:13:03,347 --> 00:13:04,479 Good morning. 324 00:13:04,522 --> 00:13:06,611 So, let me ask you a question. 325 00:13:06,655 --> 00:13:09,266 If I say "Statue of Liberty," 326 00:13:09,310 --> 00:13:11,094 what does that make you think of? 327 00:13:11,138 --> 00:13:12,269 I don't know. 328 00:13:12,313 --> 00:13:13,531 Liberty? 329 00:13:13,575 --> 00:13:14,706 Freedom? 330 00:13:14,750 --> 00:13:16,099 [quietly]: I don't know. 331 00:13:16,143 --> 00:13:18,101 That answer could cut either way. 332 00:13:18,145 --> 00:13:21,365 Could be viewed as either literal or abstract. 333 00:13:21,409 --> 00:13:23,759 Or, really, just obvious. 334 00:13:23,803 --> 00:13:27,067 Kelly Wallace. 61 years old. Teaches physics 335 00:13:27,110 --> 00:13:28,111 at Columbia University. 336 00:13:28,155 --> 00:13:29,243 Well, physicists 337 00:13:29,286 --> 00:13:31,636 are analytical but also very creative. 338 00:13:31,680 --> 00:13:33,943 Physics itself is practical 339 00:13:33,987 --> 00:13:36,990 but can also be very... theoretical. 340 00:13:37,991 --> 00:13:39,166 [mumbles] 341 00:13:40,123 --> 00:13:41,255 Okay. 342 00:13:41,298 --> 00:13:42,647 Liberty, freedom. 343 00:13:42,691 --> 00:13:43,953 Anything else? 344 00:13:43,997 --> 00:13:45,737 Hope. 345 00:13:45,781 --> 00:13:47,217 Ah, hope. 346 00:13:47,261 --> 00:13:49,567 Now, there's the abstract thinker we're looking for. 347 00:13:49,611 --> 00:13:50,699 Your Honor, 348 00:13:50,742 --> 00:13:53,441 this juror is acceptable to the defense. 349 00:13:53,484 --> 00:13:55,965 So, miss, let me ask you a question. 350 00:13:56,009 --> 00:13:58,576 Now, this case makes reference to assisted suicide, 351 00:13:58,620 --> 00:14:00,840 and I'm reading on your questionnaire here 352 00:14:00,883 --> 00:14:02,493 that you are a nun. 353 00:14:02,537 --> 00:14:05,714 Do you think that you can be fair and impartial? 354 00:14:05,757 --> 00:14:07,237 Well... 355 00:14:07,281 --> 00:14:09,196 suicide is a mortal sin. 356 00:14:09,239 --> 00:14:11,328 It's an act against the will of God. 357 00:14:11,372 --> 00:14:13,809 I'm not sure what else I can tell you. 358 00:14:13,853 --> 00:14:15,550 Thank you for your candor. 359 00:14:15,593 --> 00:14:16,986 Your Honor, we move 360 00:14:17,030 --> 00:14:19,336 to exclude this juror for cause. 361 00:14:19,380 --> 00:14:21,077 Request is denied. 362 00:14:22,383 --> 00:14:24,124 Excuse me?Request is denied. 363 00:14:24,167 --> 00:14:25,777 There is no cause. 364 00:14:25,821 --> 00:14:26,996 That's absurd. 365 00:14:27,040 --> 00:14:28,432 This witness just answered 366 00:14:28,476 --> 00:14:30,739 she considers suicide-- any kind of suicide-- 367 00:14:30,782 --> 00:14:32,001 a mortal sin. 368 00:14:32,045 --> 00:14:33,524 I'd advise you to sit down. 369 00:14:33,568 --> 00:14:36,223 Counsel, want to take control of your client? 370 00:14:36,266 --> 00:14:37,354 What more cause do you need? 371 00:14:37,398 --> 00:14:39,356 Take your seat. Let Benny do his job. 372 00:14:39,400 --> 00:14:42,098 But this case isn't about suicide, it's about you. 373 00:14:42,142 --> 00:14:45,014 Letting someone out the back door to avoid being arrested. 374 00:14:45,058 --> 00:14:47,451 That someone who just assisted in an act of suicide. 375 00:14:47,495 --> 00:14:49,366 How can you not see the prejudicial effect 376 00:14:49,410 --> 00:14:51,194 that that might haveon this juror? 377 00:14:51,238 --> 00:14:52,935 Did you not hear me?Of course I did. 378 00:14:52,979 --> 00:14:54,806 The questions is, did you hear me? 379 00:14:54,850 --> 00:14:55,895 Please let us handle this. 380 00:14:55,938 --> 00:14:57,418 This is my final warning. 381 00:14:57,461 --> 00:14:58,723 Take your seat. 382 00:14:58,767 --> 00:14:59,986 Your lawyer 383 00:15:00,029 --> 00:15:02,162 may exercise oneof his six preemptory challenges 384 00:15:02,205 --> 00:15:04,033 on this jury if he so chooses. 385 00:15:04,077 --> 00:15:06,035 That's not the point. We shouldn't have to use 386 00:15:06,079 --> 00:15:07,732 one of our six preemptory challenges 387 00:15:07,776 --> 00:15:09,473 when this juroris clearly biased. 388 00:15:09,517 --> 00:15:11,606 This is the last time I'm gonna say it. 389 00:15:11,649 --> 00:15:14,304 Take your seat and shut your mouth. 390 00:15:14,348 --> 00:15:16,045 [gallery murmuring] 391 00:15:16,089 --> 00:15:17,177 Fine. 392 00:15:17,220 --> 00:15:19,744 [grunts quietly] I will take my seat 393 00:15:19,788 --> 00:15:22,399 and I will shut my mouth, but I promise you, 394 00:15:22,443 --> 00:15:24,749 tomorrow morning I am filing charges 395 00:15:24,793 --> 00:15:26,577 with the Judicial Board of Review, 396 00:15:26,621 --> 00:15:28,231 and citing your... your infantile behavior 397 00:15:28,275 --> 00:15:29,798 and yourwillful disregard 398 00:15:29,841 --> 00:15:31,756 for my rights! 399 00:15:31,800 --> 00:15:32,932 You were warned. 400 00:15:32,975 --> 00:15:35,412 I'm finding you in contempt of court. 401 00:15:35,456 --> 00:15:38,807 [panting]:Marshal, take her into custody. 402 00:15:42,811 --> 00:15:44,291 [handcuffs clicking] 403 00:16:05,355 --> 00:16:07,444 ♪ 404 00:16:18,281 --> 00:16:20,675 Thank you for bailing me out. 405 00:16:20,718 --> 00:16:23,504 I know I should have exercised better judgment 406 00:16:23,547 --> 00:16:25,506 with regards to my behavior, 407 00:16:25,549 --> 00:16:27,508 but I hope you can both appreciate 408 00:16:27,551 --> 00:16:29,597 that I am right on the issues, 409 00:16:29,640 --> 00:16:30,815 on the principles involved. 410 00:16:30,859 --> 00:16:32,034 I want desperately to believe 411 00:16:32,078 --> 00:16:33,514 that you're not really that naive. 412 00:16:33,557 --> 00:16:35,298 Huh, wow, Dr. Bull. 413 00:16:35,342 --> 00:16:37,126 Tell me what you really think. 414 00:16:37,170 --> 00:16:39,041 Do you realize what you've done? 415 00:16:39,085 --> 00:16:41,348 The self-inflicted damage that you've caused 416 00:16:41,391 --> 00:16:42,827 by pulling that stunt? 417 00:16:42,871 --> 00:16:44,481 You want to go to prison? 418 00:16:44,525 --> 00:16:45,917 No. Of course not. 419 00:16:45,961 --> 00:16:47,963 You have to understand it didn't help your cause 420 00:16:48,007 --> 00:16:50,792 for the jury to see you ushered out of the courtroom 421 00:16:50,835 --> 00:16:52,707 in handcuffs like that. 422 00:16:52,750 --> 00:16:55,579 That alone is a huge setback for us. 423 00:16:56,711 --> 00:16:59,192 I don't disagree. But they also saw 424 00:16:59,235 --> 00:17:01,977 a person stand up for herself and really... 425 00:17:02,021 --> 00:17:03,326 Oh, come on. Look, 426 00:17:03,370 --> 00:17:05,285 I respect that you're a person of principle. 427 00:17:05,328 --> 00:17:07,069 That's why I took you on as a client. 428 00:17:07,113 --> 00:17:08,897 But... [sighs] 429 00:17:08,940 --> 00:17:11,247 You completely destroyed our narrative in there. 430 00:17:11,291 --> 00:17:12,944 We are trying to convince the jury 431 00:17:12,988 --> 00:17:15,643 that you let a woman escape federal custody 432 00:17:15,686 --> 00:17:18,254 because you believe in the sanctity 433 00:17:18,298 --> 00:17:19,255 of the courtroom. 434 00:17:19,299 --> 00:17:21,562 Well, insultinga federal judge 435 00:17:21,605 --> 00:17:22,780 doesn't exactly demonstrate 436 00:17:22,824 --> 00:17:25,609 a belief in the sanctity of the courtroom. 437 00:17:25,653 --> 00:17:27,611 You get that, right? 438 00:17:30,658 --> 00:17:32,747 This is me. 439 00:17:32,790 --> 00:17:34,749 [exhales] 440 00:17:34,792 --> 00:17:36,229 Okay. 441 00:17:36,272 --> 00:17:38,709 Tomorrow, let's trysomething different. 442 00:17:38,753 --> 00:17:40,363 You play the part of the defendant, 443 00:17:40,407 --> 00:17:41,799 we'll play the part of your legal team, 444 00:17:41,843 --> 00:17:44,063 and we'll let the judge be the judge. 445 00:17:44,106 --> 00:17:45,803 What do you say? 446 00:17:45,847 --> 00:17:48,850 I'll certainly try my best. 447 00:17:50,591 --> 00:17:52,897 [car door opens]That would be appreciated. 448 00:17:52,941 --> 00:17:54,116 [door closes] 449 00:17:54,160 --> 00:17:55,422 OLSEN: Agent Mercier, 450 00:17:55,465 --> 00:17:58,120 could you describe what happened when you went 451 00:17:58,164 --> 00:17:59,948 into the defendant's courtroom to effect 452 00:17:59,991 --> 00:18:02,081 a lawful arrest?MERCIER: Well, the defendant 453 00:18:02,124 --> 00:18:04,692 came out of her chambers and essentially admitted 454 00:18:04,735 --> 00:18:07,173 that she purposely aided in the nurse's escape. 455 00:18:07,216 --> 00:18:08,870 Wow. 456 00:18:08,913 --> 00:18:11,307 And what were the repercussions of that?Well, 457 00:18:11,351 --> 00:18:13,657 the most significant was we lost our suspect. 458 00:18:13,701 --> 00:18:15,920 The nurse, Ms. Jansen. 459 00:18:15,964 --> 00:18:17,748 And do we have any idea where she is right now? 460 00:18:17,792 --> 00:18:19,794 We're not certain, but we believe she fled to Canada. 461 00:18:19,837 --> 00:18:23,841 And I assume the Bureau has made attempts to locate her? 462 00:18:23,885 --> 00:18:25,452 Several. 463 00:18:25,495 --> 00:18:27,845 I have nothing further. 464 00:18:27,889 --> 00:18:29,934 How red is it? 465 00:18:29,978 --> 00:18:33,199 It is as red as red can be. 466 00:18:35,201 --> 00:18:37,116 BENNY:Agent Mercier, 467 00:18:37,159 --> 00:18:39,161 thank you for testifying here today. 468 00:18:39,205 --> 00:18:40,858 Now... 469 00:18:40,902 --> 00:18:43,513 would it be fair to say that you, 470 00:18:43,557 --> 00:18:45,863 a federal agent, 471 00:18:45,907 --> 00:18:47,517 entered my client's courtroom, 472 00:18:47,561 --> 00:18:49,519 a New York State courtroom, 473 00:18:49,563 --> 00:18:52,174 for the sole purpose of arresting a witness? 474 00:18:52,218 --> 00:18:54,829 Yes. We've made no secret about that fact. 475 00:18:54,872 --> 00:18:57,397 That's precisely what we were there to do. 476 00:18:57,440 --> 00:18:59,747 And you don't thinkthere's anything amiss in that? 477 00:18:59,790 --> 00:19:02,184 Course not. As you well know, 478 00:19:02,228 --> 00:19:05,187 assisting in an act of suicide is a federal crime. 479 00:19:05,231 --> 00:19:08,103 Once we heard that the nurse was going to testify, 480 00:19:08,147 --> 00:19:10,410 once we realized that she was probably going to confess 481 00:19:10,453 --> 00:19:13,064 on the stand, we felt we had no choice 482 00:19:13,108 --> 00:19:15,850 but to be there and take her into custody.Really? 483 00:19:15,893 --> 00:19:17,504 Agent Mercier, are you familiar 484 00:19:17,547 --> 00:19:20,507 with the Tenth Amendment to the Constitution? 485 00:19:20,550 --> 00:19:22,335 "The powers 486 00:19:22,378 --> 00:19:24,250 "not delegated to the United States 487 00:19:24,293 --> 00:19:25,729 "by the Constitution, 488 00:19:25,773 --> 00:19:28,384 "nor prohibited by it to the States, 489 00:19:28,428 --> 00:19:31,866 "are reserved to the States respectively, 490 00:19:31,909 --> 00:19:34,260 or to the people." 491 00:19:34,303 --> 00:19:36,305 You know what that means? 492 00:19:39,308 --> 00:19:43,660 Well, it means that federal law enforcement 493 00:19:43,704 --> 00:19:47,229 are not allowed to recklessly interfere 494 00:19:47,273 --> 00:19:49,666 with the functions of state court.Objection. 495 00:19:49,710 --> 00:19:52,321 Agent Mercier isn't on trial. 496 00:19:52,365 --> 00:19:53,888 And it isn't Mr. Colón's job 497 00:19:53,931 --> 00:19:55,846 to lecture us on the Constitution. 498 00:19:55,890 --> 00:19:58,545 I was getting to the question, Your Honor. 499 00:19:58,588 --> 00:20:00,764 Then ask it, please.BENNY:Yes, sir. 500 00:20:02,157 --> 00:20:07,510 Now, you are a federal law enforcement agent, sir. 501 00:20:07,554 --> 00:20:09,382 Sworn to uphold the Constitution. 502 00:20:09,425 --> 00:20:11,819 Now, wouldn't you agree that state court judges 503 00:20:11,862 --> 00:20:14,256 have a solemn duty to protect witnesses 504 00:20:14,300 --> 00:20:16,215 and victims in their courtrooms? 505 00:20:16,258 --> 00:20:19,653 A duty guaranteed by the Tenth Amendment? 506 00:20:19,696 --> 00:20:21,394 Well, I'm not a constitutional scholar, sir, 507 00:20:21,437 --> 00:20:24,397 but yes, that sounds about right. 508 00:20:24,440 --> 00:20:26,399 And would it surprise you to know that the trial 509 00:20:26,442 --> 00:20:29,619 that you interrupted was declared a mistrial 510 00:20:29,663 --> 00:20:31,926 and cost the taxpayers a lot of money? 511 00:20:31,969 --> 00:20:33,536 No, I didn't know that. 512 00:20:33,580 --> 00:20:36,322 Sounds to me like you're the onewho violated the law 513 00:20:36,365 --> 00:20:38,585 and obstructed justice. 514 00:20:38,628 --> 00:20:41,414 Maybe you're the one who shouldbe sitting at the defense table, 515 00:20:41,457 --> 00:20:43,416 and Judge Duggan should be the key witness against you. 516 00:20:43,459 --> 00:20:45,200 Not the other way around. 517 00:20:45,244 --> 00:20:46,332 No further questions, Your Honor. 518 00:20:46,375 --> 00:20:47,855 [gallery murmuring] 519 00:20:49,813 --> 00:20:51,424 Thank you, Mr. Colón. 520 00:20:51,467 --> 00:20:52,947 Nice job, sir. 521 00:20:52,990 --> 00:20:55,166 [sighs]All part of the service. 522 00:20:55,210 --> 00:20:56,864 HOLLINGSWORTH: Well, this seems good a place 523 00:20:56,907 --> 00:20:59,301 as any to stop for lunch, so... 524 00:20:59,345 --> 00:21:02,304 court will resume in an hour. 525 00:21:02,348 --> 00:21:04,350 All right. 526 00:21:10,181 --> 00:21:12,836 It's, uh, an updatedwitness list. 527 00:21:12,880 --> 00:21:14,621 Debra Jansen? The nurse? 528 00:21:14,664 --> 00:21:16,057 They found her? 529 00:21:16,100 --> 00:21:19,452 I'm sensing this is not goodfor the home team. 530 00:21:19,495 --> 00:21:21,062 OLSEN: Nurse Jansen, 531 00:21:21,105 --> 00:21:23,978 please tell us how you came to be a fugitive from justice. 532 00:21:24,021 --> 00:21:26,807 Well, I was in Judge Duggan's courtroom 533 00:21:26,850 --> 00:21:28,330 testifying, 534 00:21:28,374 --> 00:21:30,158 and I guessthese two FBI agents 535 00:21:30,201 --> 00:21:31,507 came in. 536 00:21:31,551 --> 00:21:34,075 I didn't really notice at the time. 537 00:21:34,118 --> 00:21:35,946 But when I was done testifying, 538 00:21:35,990 --> 00:21:38,209 the judge had me come back to her office. 539 00:21:38,253 --> 00:21:40,473 That's when she told me she was pretty sure 540 00:21:40,516 --> 00:21:43,084 they were there to arrest me. 541 00:21:43,127 --> 00:21:46,174 Anyway, I asked the judge. [exhales] 542 00:21:46,217 --> 00:21:47,741 I told her I wanted to call a lawyer, 543 00:21:47,784 --> 00:21:48,742 get some help. 544 00:21:48,785 --> 00:21:50,004 And did you do that? 545 00:21:50,047 --> 00:21:52,006 The judge wouldn't let me. 546 00:21:52,049 --> 00:21:54,051 She said there was no time for phone calls. 547 00:21:54,095 --> 00:21:57,185 So it was the defendant's idea 548 00:21:57,228 --> 00:21:59,666 for you to flee? 549 00:21:59,709 --> 00:22:01,015 Yes. 550 00:22:01,058 --> 00:22:04,018 She told me I should just run, 551 00:22:04,061 --> 00:22:05,367 as far as I could, 552 00:22:05,411 --> 00:22:07,369 as fast as I could. 553 00:22:07,413 --> 00:22:08,805 [gallery murmuring] 554 00:22:08,849 --> 00:22:10,372 That is not what happened. 555 00:22:10,416 --> 00:22:11,373 Lower your voice. 556 00:22:11,417 --> 00:22:12,374 OLSEN:So, 557 00:22:12,418 --> 00:22:13,723 that's what you did? 558 00:22:13,767 --> 00:22:15,377 She was the judge. 559 00:22:15,421 --> 00:22:17,814 I did what I was told. 560 00:22:17,858 --> 00:22:19,294 Grabbed my kids, 561 00:22:19,338 --> 00:22:22,515 jumped in my car and drove to Quebec. 562 00:22:22,558 --> 00:22:24,125 Your witness. 563 00:22:27,737 --> 00:22:29,478 So, evading the law-- 564 00:22:29,522 --> 00:22:32,568 that's something you decided to do on your own. 565 00:22:32,612 --> 00:22:34,614 She told me to run, 566 00:22:34,657 --> 00:22:35,702 and I did. 567 00:22:35,745 --> 00:22:36,920 BENNY:"Run"? 568 00:22:36,964 --> 00:22:38,879 You sure that's the word she used? 569 00:22:38,922 --> 00:22:40,663 I'm sure.Hmm. 570 00:22:40,707 --> 00:22:42,578 You sure she didn't say, 571 00:22:42,622 --> 00:22:45,233 "Go to someplace safe and call a lawyer 572 00:22:45,276 --> 00:22:46,974 "and come up with a plan, 573 00:22:47,017 --> 00:22:50,151 "so that when federal agents do eventually come and arrest you, 574 00:22:50,194 --> 00:22:52,327 you've got your ducks in a row"? 575 00:22:52,371 --> 00:22:54,242 She told me to run. 576 00:22:54,285 --> 00:22:55,461 All right. 577 00:22:55,504 --> 00:22:56,984 Let's review. 578 00:22:57,027 --> 00:23:01,423 So, you escaped prosecution in the assisted suicide case 579 00:23:01,467 --> 00:23:03,382 by flipping on the doctor. 580 00:23:03,425 --> 00:23:04,731 Do I have that right? 581 00:23:04,774 --> 00:23:06,428 I was subpoenaed to testify against him. 582 00:23:06,472 --> 00:23:07,864 So I did. 583 00:23:07,908 --> 00:23:10,389 And now you're trying to curry favor with the Feds 584 00:23:10,432 --> 00:23:12,695 by turning on the one person who was trying to help you. 585 00:23:12,739 --> 00:23:14,915 I'm just trying to tell the truth. 586 00:23:14,958 --> 00:23:17,874 Oh, no. You are trying to save yourself from prison. 587 00:23:17,918 --> 00:23:18,875 Objection. 588 00:23:18,919 --> 00:23:20,660 Sustained. Ask a question. 589 00:23:20,703 --> 00:23:23,706 You cut a deal with the Feds, didn't you? 590 00:23:23,750 --> 00:23:26,405 I entered into a plea agreementwith the prosecutor. 591 00:23:26,448 --> 00:23:27,406 Right, 592 00:23:27,449 --> 00:23:28,407 right. 593 00:23:28,450 --> 00:23:29,625 And part of that agreement 594 00:23:29,669 --> 00:23:31,322 required for you to testify 595 00:23:31,366 --> 00:23:33,281 against the one person who was looking out 596 00:23:33,324 --> 00:23:35,544 for you, the one person 597 00:23:35,588 --> 00:23:37,546 who advised youto get a lawyer first 598 00:23:37,590 --> 00:23:39,026 and then surrenderto authorities, 599 00:23:39,069 --> 00:23:42,595 the one personwhose only intent in all this 600 00:23:42,638 --> 00:23:43,596 was to help you. 601 00:23:43,639 --> 00:23:44,727 I don't know 602 00:23:44,771 --> 00:23:46,033 what her intent was. 603 00:23:46,076 --> 00:23:47,817 But she sure seemed happy 604 00:23:47,861 --> 00:23:50,037 to be sticking it to the FBI agents. 605 00:23:50,080 --> 00:23:51,168 Oh, come on. 606 00:23:51,212 --> 00:23:52,387 You don't know that. 607 00:23:52,431 --> 00:23:53,388 Sure, I do. 608 00:23:53,432 --> 00:23:54,824 When the A.D.A. left 609 00:23:54,868 --> 00:23:56,435 and I was alone with Judge Duggan, 610 00:23:56,478 --> 00:23:58,524 she called the Feds "feebs." 611 00:23:58,567 --> 00:24:01,570 She said,"Those feebs, 612 00:24:01,614 --> 00:24:03,877 "they think they're God, but they're not. 613 00:24:03,920 --> 00:24:07,097 In this courtroom, I'm God." 614 00:24:07,141 --> 00:24:09,143 [gallery murmuring] 615 00:24:09,186 --> 00:24:10,144 She's lying. 616 00:24:10,187 --> 00:24:11,493 I would never saysuch a thing. 617 00:24:11,537 --> 00:24:12,668 I believe you. 618 00:24:12,712 --> 00:24:15,410 Unfortunately, my vote doesn't count. 619 00:24:21,198 --> 00:24:23,592 Judge Duggan, since the start of this trial, 620 00:24:23,636 --> 00:24:26,508 people have been sitting in the chair you're sitting in 621 00:24:26,552 --> 00:24:31,165 right now and they've painteda pretty damning picture of you. 622 00:24:31,208 --> 00:24:33,167 So here's my question. 623 00:24:33,210 --> 00:24:36,605 Is any of what Nurse Jansen said true? 624 00:24:36,649 --> 00:24:38,955 Did you intentionally obstruct justice? 625 00:24:38,999 --> 00:24:41,958 Were you flexing your power and your muscle 626 00:24:42,002 --> 00:24:43,525 and sending a message? 627 00:24:43,569 --> 00:24:46,528 Or is Ms. Jansen simply lying? 628 00:24:46,572 --> 00:24:50,489 Well, whether or not someone islying is for the jury to decide. 629 00:24:50,532 --> 00:24:53,056 But I remember itquite differently. 630 00:24:53,100 --> 00:24:56,582 I admit I let Ms. Jansenleave out the back door. 631 00:24:56,625 --> 00:24:59,323 But I promise youit wasn't out of spite 632 00:24:59,367 --> 00:25:01,717 or because I havesome sort of god complex. 633 00:25:01,761 --> 00:25:05,547 Well, then help us understand why you did it. 634 00:25:05,591 --> 00:25:09,899 I did it to protectthe integrity of the process. 635 00:25:09,943 --> 00:25:12,554 You have to understand--this is it for me. 636 00:25:12,598 --> 00:25:14,600 The law is my life. 637 00:25:14,643 --> 00:25:17,951 I eat, sleep and breathe it. 638 00:25:17,994 --> 00:25:19,300 I'm not married. 639 00:25:19,343 --> 00:25:20,519 I don't have any children. 640 00:25:20,562 --> 00:25:22,825 I don't even have any hobbies. 641 00:25:22,869 --> 00:25:25,262 The courtroom is my home. 642 00:25:25,306 --> 00:25:28,265 The people who pass through hereare my guests. 643 00:25:28,309 --> 00:25:31,355 And the people who work there are my family. 644 00:25:31,399 --> 00:25:33,662 From the timeI was a child, 645 00:25:33,706 --> 00:25:35,577 all I ever wanted to be was a judge. 646 00:25:35,621 --> 00:25:36,752 Other kids had 647 00:25:36,796 --> 00:25:40,103 astronauts or sports starsas their heroes. 648 00:25:40,147 --> 00:25:43,193 I had a big posterof Justice Thurgood Marshall 649 00:25:43,237 --> 00:25:44,847 above my bed.Mm. 650 00:25:44,891 --> 00:25:48,198 DUGGAN: I believe in the justice system. 651 00:25:48,242 --> 00:25:50,374 I revere it. 652 00:25:50,418 --> 00:25:53,116 But I also knowhow fragile it is. 653 00:25:53,160 --> 00:25:56,119 You tell people they havesomething to fear by testifying, 654 00:25:56,163 --> 00:25:58,687 they will stop testifying. 655 00:25:58,731 --> 00:26:01,647 And if that happens, in my opinion, 656 00:26:01,690 --> 00:26:04,214 that is the end of a civilized society. 657 00:26:04,258 --> 00:26:05,389 [gallery murmuring] 658 00:26:07,522 --> 00:26:09,872 Marissa, please tell me this is making 659 00:26:09,916 --> 00:26:11,221 a difference.[beeping] 660 00:26:11,265 --> 00:26:14,398 Well, we just got our first green. 661 00:26:14,442 --> 00:26:16,575 BENNY:So, 662 00:26:16,618 --> 00:26:18,185 just to be clear, 663 00:26:18,228 --> 00:26:20,840 why exactly did you allow Nurse Jansen 664 00:26:20,883 --> 00:26:23,582 to leave via the back door in the courthouse 665 00:26:23,625 --> 00:26:27,063 when you knew federal agents were waiting in your courtroom 666 00:26:27,107 --> 00:26:28,064 to arrest her? 667 00:26:28,108 --> 00:26:29,631 So she could get an attorney. 668 00:26:29,675 --> 00:26:31,633 So she could have someoneon her side 669 00:26:31,677 --> 00:26:34,070 when she surrenderedto the authorities. 670 00:26:34,114 --> 00:26:37,160 She came into my courtroomthinking she was safe. 671 00:26:37,204 --> 00:26:41,034 She made a deal with the A.D.A.that she would testify 672 00:26:41,077 --> 00:26:44,428 in return for her promisethat she wouldn't be prosecuted. 673 00:26:44,472 --> 00:26:46,909 Unfortunately,the district attorney failed 674 00:26:46,953 --> 00:26:48,432 to run the deal by the Feds, 675 00:26:48,476 --> 00:26:50,739 so they feltthey were under no obligation 676 00:26:50,783 --> 00:26:53,089 to abide by it. 677 00:26:53,133 --> 00:26:54,221 BENNY: And you felt that was unfair? 678 00:26:54,264 --> 00:26:55,614 DUGGAN: I felt the state prosecutor 679 00:26:55,657 --> 00:26:58,007 put her and mein a terrible position. 680 00:26:58,051 --> 00:27:00,749 When she found out the Fedswere there to arrest her, 681 00:27:00,793 --> 00:27:02,272 she was crying. 682 00:27:02,316 --> 00:27:04,231 She was worriedabout her children. 683 00:27:04,274 --> 00:27:08,104 So you never instructed her to flee the country? 684 00:27:08,148 --> 00:27:11,281 That would make mean accessory to a federal crime. 685 00:27:11,325 --> 00:27:14,415 I took an oathto uphold the law, 686 00:27:14,458 --> 00:27:15,721 not violate it. 687 00:27:15,764 --> 00:27:18,027 BENNY: Thank you. 688 00:27:18,071 --> 00:27:20,160 That's all I have, Your Honor. 689 00:27:27,689 --> 00:27:31,650 So, let me be certain that I understand. 690 00:27:31,693 --> 00:27:35,523 You just testified that you're totally committed to the law, 691 00:27:35,566 --> 00:27:37,699 that your sole interest, 692 00:27:37,743 --> 00:27:39,266 your onlyinterest, 693 00:27:39,309 --> 00:27:41,660 is the pursuit of justice. 694 00:27:41,703 --> 00:27:42,791 Is that correct? 695 00:27:42,835 --> 00:27:44,663 Yes.So, in a sense, 696 00:27:44,706 --> 00:27:46,882 the work that you do-- 697 00:27:46,926 --> 00:27:49,276 tweeting out your messages about the court system, 698 00:27:49,319 --> 00:27:51,713 advising a witness in your courtroom to seek counsel 699 00:27:51,757 --> 00:27:53,149 before she can be arrested-- 700 00:27:53,193 --> 00:27:55,630 that's all... altruistic? 701 00:27:55,674 --> 00:27:57,937 I mean, there's nothingin it for you. 702 00:27:57,980 --> 00:28:00,853 Y-You're not seeking notoriety or fame, 703 00:28:00,896 --> 00:28:02,332 are you?No. 704 00:28:02,376 --> 00:28:04,683 If fame or notorietyis a byproduct 705 00:28:04,726 --> 00:28:07,555 of getting people excitedabout the judicial system, 706 00:28:07,598 --> 00:28:08,730 then so be it. 707 00:28:08,774 --> 00:28:10,950 But, no, it is not my goal. 708 00:28:10,993 --> 00:28:13,866 You're just a humble, honest... 709 00:28:13,909 --> 00:28:16,738 down-to-earth state court judge. 710 00:28:16,782 --> 00:28:18,653 I like to think so. Yes. 711 00:28:18,697 --> 00:28:22,222 Well, thank you for your honesty. 712 00:28:22,265 --> 00:28:24,093 Nothing further. 713 00:28:24,137 --> 00:28:25,312 [gallery murmuring] 714 00:28:28,532 --> 00:28:30,665 What in the world was that about? 715 00:28:30,709 --> 00:28:32,580 Well, whatever it was, it didn't work. 716 00:28:32,623 --> 00:28:34,843 It just keeps getting greener and greener 717 00:28:34,887 --> 00:28:37,063 in here. 718 00:28:37,106 --> 00:28:38,368 Anything else from either side? 719 00:28:38,412 --> 00:28:40,719 Um, not at this time, Your Honor. 720 00:28:40,762 --> 00:28:42,068 The defense rests. 721 00:28:42,111 --> 00:28:43,765 OLSEN: Your Honor, if the defense 722 00:28:43,809 --> 00:28:45,288 is done with their presentation, 723 00:28:45,332 --> 00:28:47,508 the government would like to call a rebuttal witness. 724 00:28:47,551 --> 00:28:50,076 Of course you would. 725 00:28:50,119 --> 00:28:51,468 OLSEN: Please tell us your name and occupation. 726 00:28:51,512 --> 00:28:52,643 My name is Jake Monroe. 727 00:28:52,687 --> 00:28:53,862 I'm in the entertainment business. 728 00:28:53,906 --> 00:28:56,909 Uh, artist representative. 729 00:28:56,952 --> 00:28:58,301 Talent agent. 730 00:28:58,345 --> 00:29:00,913 So you represent TV stars? Actors and actresses? 731 00:29:00,956 --> 00:29:02,349 Well, the vast majority of my business is 732 00:29:02,392 --> 00:29:04,786 in what's called nonfiction television. 733 00:29:04,830 --> 00:29:07,702 Uh, reality television.I see. 734 00:29:07,746 --> 00:29:10,531 And are you familiar with the defendant? 735 00:29:10,574 --> 00:29:12,925 MONROE: Uh, I am.She and I actually had 736 00:29:12,968 --> 00:29:14,840 a number of discussions about the possibility 737 00:29:14,883 --> 00:29:16,624 of her getting into television. 738 00:29:16,667 --> 00:29:18,234 [gallery murmuring] 739 00:29:18,278 --> 00:29:20,019 Is this true? You have an agent? 740 00:29:20,062 --> 00:29:21,324 How did we not know this? 741 00:29:21,368 --> 00:29:23,065 No. I've never had an agent. 742 00:29:23,109 --> 00:29:26,155 He invited me to lunch.Twice. That's it. 743 00:29:26,199 --> 00:29:28,244 OLSEN:I'm confused. Why would 744 00:29:28,288 --> 00:29:29,680 a state judge need a talent agent? 745 00:29:29,724 --> 00:29:31,421 She was elected to office. She has a job. 746 00:29:31,465 --> 00:29:35,686 Well, courtroom shows are a very lucrative, uh, staple 747 00:29:35,730 --> 00:29:37,558 of daytime television. 748 00:29:37,601 --> 00:29:39,690 I read about Judge Duggan in the papers, 749 00:29:39,734 --> 00:29:42,824 uh, started to followher Twitter account. 750 00:29:42,868 --> 00:29:44,260 And I've genuinely come to believe 751 00:29:44,304 --> 00:29:46,088 that she could be the next Judge Judy. 752 00:29:46,132 --> 00:29:47,916 Excuse me, Judge who? 753 00:29:47,960 --> 00:29:50,223 Judge Judy. Very successful. 754 00:29:50,266 --> 00:29:52,486 But she's starting to age out of the job. 755 00:29:52,529 --> 00:29:55,358 It's hard not to imagine that someone like Judge Duggan, 756 00:29:55,402 --> 00:29:58,535 or someone like her, is a potential successor. 757 00:29:58,579 --> 00:30:01,843 So you think she could be a television judge? 758 00:30:01,887 --> 00:30:03,018 I do. [chuckles] 759 00:30:03,062 --> 00:30:05,325 I mean, look at her. She's beautiful, 760 00:30:05,368 --> 00:30:06,979 charismatic. 761 00:30:07,022 --> 00:30:10,243 She's positioned herself well. She already has a following. 762 00:30:10,286 --> 00:30:12,593 You're talking about all the-the tweeting, 763 00:30:12,636 --> 00:30:15,074 posting, social media. 764 00:30:15,117 --> 00:30:16,466 Objection, Your Honor. 765 00:30:16,510 --> 00:30:18,077 Counsel is leading the witness. 766 00:30:18,120 --> 00:30:20,079 Sustained.OLSEN: That's fine. 767 00:30:20,122 --> 00:30:21,994 I have nothing further, Your Honor. 768 00:30:22,037 --> 00:30:24,039 [gallery murmuring] 769 00:30:25,475 --> 00:30:28,522 Did Taylor see anything about this on social media? 770 00:30:28,565 --> 00:30:30,785 Taylor looked through everypost, tweet, blog and hashtag... 771 00:30:30,829 --> 00:30:32,352 With a fine-tooth comb, and there's nothing 772 00:30:32,395 --> 00:30:34,963 about an agent, nothing about television. 773 00:30:36,965 --> 00:30:38,706 Did you actually sign any kind of agreement 774 00:30:38,749 --> 00:30:40,012 with this guy?No. 775 00:30:40,055 --> 00:30:41,448 Of course not. 776 00:30:41,491 --> 00:30:43,754 He told me he wanted to make me a star. 777 00:30:43,798 --> 00:30:46,496 I laughed and picked his brain about social media. 778 00:30:46,540 --> 00:30:47,976 Are you ready to cross-examine, Counselor? 779 00:30:48,020 --> 00:30:49,935 Yes, I am, Your Honor. 780 00:30:51,197 --> 00:30:53,373 Mr. Monroe, 781 00:30:53,416 --> 00:30:54,678 yes or no question: 782 00:30:54,722 --> 00:30:56,898 did my client sign a contract with you? 783 00:30:56,942 --> 00:30:58,857 Uh, on paper, no. 784 00:30:58,900 --> 00:31:00,510 But we had an understanding, 785 00:31:00,554 --> 00:31:02,251 which is a fairly typical way of doing things 786 00:31:02,295 --> 00:31:03,426 in the entertainment business. 787 00:31:03,470 --> 00:31:05,689 And when the two of you first met, 788 00:31:05,733 --> 00:31:07,039 who initiated the meeting? 789 00:31:07,082 --> 00:31:08,083 Did she call you, 790 00:31:08,127 --> 00:31:09,215 or did you call her? 791 00:31:09,258 --> 00:31:11,391 Uh, I initiated. I called her. 792 00:31:11,434 --> 00:31:14,568 So this was all about an idea you had. 793 00:31:14,611 --> 00:31:17,223 Point of fact, my client never authorized you 794 00:31:17,266 --> 00:31:20,008 to seek any television opportunities on her behalf. 795 00:31:20,052 --> 00:31:21,792 Isn't that true? 796 00:31:21,836 --> 00:31:23,272 No, I don't believe it is. 797 00:31:23,316 --> 00:31:25,753 Look, I do this for a living. 798 00:31:25,796 --> 00:31:27,711 Yes, she was playing hard to get. 799 00:31:27,755 --> 00:31:30,932 She never actually said, "Go do this for me." 800 00:31:30,976 --> 00:31:33,369 But we had lunch twice. 801 00:31:33,413 --> 00:31:35,067 And you don't come back a second time 802 00:31:35,110 --> 00:31:37,373 unless you heard something you liked the first time. 803 00:31:37,417 --> 00:31:40,115 [gallery murmuring] 804 00:31:40,159 --> 00:31:44,772 We have lost all but one of our greens. 805 00:31:46,382 --> 00:31:48,123 [quietly]: Come on, Benny. 806 00:31:48,167 --> 00:31:50,473 You admit... 807 00:31:50,517 --> 00:31:54,216 my client has no agreement in place with you? 808 00:31:54,260 --> 00:31:56,305 Verbal or written. Yes or no? 809 00:31:56,349 --> 00:31:59,178 No, we have no agreement.And the fact is, 810 00:31:59,221 --> 00:32:02,833 while you may be looking for atelevision opportunity for her, 811 00:32:02,877 --> 00:32:05,184 none of it is being done at her behest-- true? 812 00:32:05,227 --> 00:32:07,142 True. 813 00:32:07,186 --> 00:32:09,623 Maybe she was saying what she meant. 814 00:32:09,666 --> 00:32:12,408 Maybe she wasn't interested in you... or TV. 815 00:32:12,452 --> 00:32:14,758 Objection. Counsel is testifying. 816 00:32:14,802 --> 00:32:17,065 Ask a question.BENNY: Okay. All right. 817 00:32:17,109 --> 00:32:19,676 Here's a question. 818 00:32:19,720 --> 00:32:21,156 What's your motive here? 819 00:32:21,200 --> 00:32:24,203 This all about sour grapes? 820 00:32:24,246 --> 00:32:27,206 Because if you believe in Judge Duggan, 821 00:32:27,249 --> 00:32:31,166 if you believe, like I do, that her passion for the law, 822 00:32:31,210 --> 00:32:33,995 her sense of integrity, her ability to communicate 823 00:32:34,039 --> 00:32:36,563 what makes our system of justice so special 824 00:32:36,606 --> 00:32:39,000 is in fact what makes her special, 825 00:32:39,044 --> 00:32:40,959 then what are you hoping to accomplish 826 00:32:41,002 --> 00:32:44,092 by coming in here and casting aspersions against her? 827 00:32:44,136 --> 00:32:46,268 You know, if this jury finds her guilty, 828 00:32:46,312 --> 00:32:48,967 not only will shebe done as a judge, 829 00:32:49,010 --> 00:32:52,666 but you won't be able to sell her to television. 830 00:32:52,709 --> 00:32:54,320 After all, 831 00:32:54,363 --> 00:32:56,800 who wants a judge that's been found guilty 832 00:32:56,844 --> 00:32:58,802 of obstructing justice? 833 00:32:58,846 --> 00:33:01,109 Everybody. 834 00:33:01,153 --> 00:33:03,024 I mean, this woman ison the cusp 835 00:33:03,068 --> 00:33:05,157 of being a folk hero. 836 00:33:05,200 --> 00:33:08,421 She helped a regular citizenescape the clutches of the FBI. 837 00:33:08,464 --> 00:33:09,726 [chuckles] 838 00:33:09,770 --> 00:33:11,250 This is America. 839 00:33:11,293 --> 00:33:14,209 We look up to peoplewith a touch of badass in them. 840 00:33:14,253 --> 00:33:17,038 And, if I'm being completely honest, 841 00:33:17,082 --> 00:33:19,258 she's an easier sell if she loses this thing 842 00:33:19,301 --> 00:33:20,999 than if she wins. 843 00:33:21,042 --> 00:33:23,218 That's just the truth. 844 00:33:23,262 --> 00:33:24,828 [gallery murmuring] 845 00:33:24,872 --> 00:33:26,830 Tell me they know better. 846 00:33:26,874 --> 00:33:28,745 Tell me they can see through his cynicism. 847 00:33:28,789 --> 00:33:32,271 They know better. They can see through his cynicism. 848 00:33:32,314 --> 00:33:34,621 HOLLINGSWORTH: Mr. Colón, 849 00:33:34,664 --> 00:33:36,623 do you have anything else for this witness? 850 00:33:36,666 --> 00:33:40,061 Nothing I can say in court, Your Honor. 851 00:33:40,105 --> 00:33:42,629 [gavel bangs] 852 00:33:42,672 --> 00:33:44,587 Will the defendant please rise? 853 00:33:49,592 --> 00:33:51,203 Madam Foreperson, have you reached a verdict? 854 00:33:51,246 --> 00:33:53,205 We have, Your Honor. 855 00:33:55,076 --> 00:33:56,947 We, the jury, find the defendant guilty 856 00:33:56,991 --> 00:33:59,776 on all counts.OLSEN: Your Honor, 857 00:33:59,820 --> 00:34:01,561 the United States moves for sentencing. 858 00:34:01,604 --> 00:34:03,389 Put sentencing over to next week. 859 00:34:03,432 --> 00:34:06,696 Why? We're just delaying the inevitable.Not necessarily. 860 00:34:06,740 --> 00:34:08,698 She's right. It's over, Bull. 861 00:34:08,742 --> 00:34:10,352 I asked you to do something. 862 00:34:10,396 --> 00:34:11,832 Is the defense ready for sentencing? 863 00:34:14,530 --> 00:34:16,184 No, Your Honor. 864 00:34:16,228 --> 00:34:19,579 We'd like a few daysso I can prepare my arguments, 865 00:34:19,622 --> 00:34:21,233 and my client can gether affairs in order. 866 00:34:28,370 --> 00:34:30,068 You can respect the process, 867 00:34:30,111 --> 00:34:32,592 and still not agreewith the outcome. 868 00:34:32,635 --> 00:34:33,897 And I don't. 869 00:34:36,117 --> 00:34:37,858 So here are my two cents. 870 00:34:37,901 --> 00:34:40,600 I think you're exactly the kind of judge 871 00:34:40,643 --> 00:34:42,602 we need on the bench. 872 00:34:42,645 --> 00:34:45,387 I mean it. 873 00:34:45,431 --> 00:34:47,389 You're smart and fair. 874 00:34:47,433 --> 00:34:50,349 You treat everyone with respect. 875 00:34:50,392 --> 00:34:53,787 And you seem determined to breathe life 876 00:34:53,830 --> 00:34:55,832 into an otherwise stodgy institution. 877 00:34:55,876 --> 00:34:59,401 Not to mention you make people actually want to be here. 878 00:34:59,445 --> 00:35:02,578 You have any idea what a feat that is? 879 00:35:02,622 --> 00:35:04,276 So I'm not giving up. 880 00:35:04,885 --> 00:35:06,582 There's got to besome common ground. 881 00:35:06,626 --> 00:35:07,844 You're both judges. 882 00:35:07,888 --> 00:35:09,846 And you're both stubborn. 883 00:35:09,890 --> 00:35:11,805 You're both committedto your work. 884 00:35:11,848 --> 00:35:15,243 It doesn't matter. He has it in for me. 885 00:35:15,287 --> 00:35:18,203 Let's not forget he locked me up for contempt. 886 00:35:18,246 --> 00:35:19,639 Because you violated his rules. 887 00:35:21,075 --> 00:35:22,859 That's right. You spoke out of turn, 888 00:35:22,903 --> 00:35:25,253 and Judge Hollingsworth did something about it. 889 00:35:25,297 --> 00:35:27,560 He exercised his judicial discretion. 890 00:35:27,603 --> 00:35:29,127 And when you stop and think about it, 891 00:35:29,170 --> 00:35:31,564 he believes injudicial sovereignty, 892 00:35:31,607 --> 00:35:33,392 which is kind ofanother way of saying 893 00:35:33,435 --> 00:35:37,352 he believes in the sanctity of the courtroom. 894 00:35:37,396 --> 00:35:40,181 Does that remind you of anyone? 895 00:35:40,225 --> 00:35:42,749 Are both parties prepared to make their arguments 896 00:35:42,792 --> 00:35:44,577 on sentencing? 897 00:35:44,620 --> 00:35:47,145 Actually, we'd like tocall a witness, Your Honor. 898 00:35:47,188 --> 00:35:48,537 We'd like to callJames Wheeler. 899 00:35:48,581 --> 00:35:50,713 Objection. We haven't been given notice. 900 00:35:50,757 --> 00:35:52,280 This is the first we've heard of this witness. 901 00:35:52,324 --> 00:35:54,108 BENNY:Well, as counsel well knows, 902 00:35:54,152 --> 00:35:58,156 the rules of discovery don't apply in sentencing hearings. 903 00:35:58,199 --> 00:35:59,940 No notice is required. 904 00:35:59,983 --> 00:36:03,552 I agree. Let's hear from Mr. Wheeler. 905 00:36:03,596 --> 00:36:05,119 I'm gonna get right to it, Mr. Wheeler. 906 00:36:05,163 --> 00:36:06,729 You are no stranger 907 00:36:06,773 --> 00:36:09,602 to the criminal justice system, are you? 908 00:36:09,645 --> 00:36:12,518 No, I'm sorry to say I'm not. 909 00:36:12,561 --> 00:36:15,085 You have been convicted of a crime, haven't you? 910 00:36:15,129 --> 00:36:18,132 Yes. When I was a teenager, 911 00:36:18,176 --> 00:36:20,569 I-I was a member of a gang, 912 00:36:20,613 --> 00:36:24,225 and I... wegot into trouble, yes. 913 00:36:24,269 --> 00:36:27,489 Five years ago, did you rob a liquor store? 914 00:36:27,533 --> 00:36:29,404 I did. 915 00:36:29,448 --> 00:36:31,406 Four of us went in, 916 00:36:31,450 --> 00:36:33,408 and one of the guys had a gun. 917 00:36:33,452 --> 00:36:35,105 And you stood watch while he demanded money. 918 00:36:35,149 --> 00:36:38,544 [scoffs] Yes, I did. 919 00:36:38,587 --> 00:36:41,329 And were you prosecuted for the robbery? 920 00:36:41,373 --> 00:36:43,505 We all were. 921 00:36:43,549 --> 00:36:46,813 And everyone got sent to prison, 922 00:36:46,856 --> 00:36:49,119 ex-except me. 923 00:36:49,163 --> 00:36:50,599 And why is that?Your Honor, 924 00:36:50,643 --> 00:36:51,905 we all know where this is going. 925 00:36:51,948 --> 00:36:53,254 I'd like to hear from the witness. 926 00:36:53,298 --> 00:36:54,516 Continue. 927 00:36:56,301 --> 00:36:57,519 I don't know. 928 00:36:57,563 --> 00:36:59,173 I think the judge saw something in me, 929 00:36:59,217 --> 00:37:02,263 thought I-I could do something with my life. 930 00:37:02,307 --> 00:37:05,223 Anyway, I got sentenced to probation. 931 00:37:05,266 --> 00:37:06,659 And what's happened since then? 932 00:37:06,702 --> 00:37:09,966 Well, I finished my probation. 933 00:37:10,010 --> 00:37:12,447 Haven't gotten in trouble since. 934 00:37:12,491 --> 00:37:14,232 You finish high school? 935 00:37:14,275 --> 00:37:15,711 Got my GED, 936 00:37:15,755 --> 00:37:17,496 and now I'm in college, 937 00:37:17,539 --> 00:37:20,629 studying to be a computer programmer. 938 00:37:20,673 --> 00:37:22,631 And I-I also help out my little brother. 939 00:37:22,675 --> 00:37:24,894 He's graduating high school next year. 940 00:37:24,938 --> 00:37:27,288 So... 941 00:37:27,332 --> 00:37:31,205 the judge saw something special in you, 942 00:37:31,249 --> 00:37:32,989 gave you a break,and now 943 00:37:33,033 --> 00:37:36,384 you are a productive member of society. 944 00:37:36,428 --> 00:37:40,170 I-I like to think so, yeah. 945 00:37:40,214 --> 00:37:44,697 Mr. Wheeler, could you please look around the courtroom 946 00:37:44,740 --> 00:37:47,700 and identify that judge for us? 947 00:37:51,834 --> 00:37:54,533 Uh... 948 00:37:54,576 --> 00:37:56,230 he's sitting right here. 949 00:37:56,274 --> 00:37:58,014 [gallery murmuring] 950 00:37:58,058 --> 00:38:00,190 Judge Hollingsworth... 951 00:38:02,584 --> 00:38:03,846 Thank you. 952 00:38:03,890 --> 00:38:06,327 I-I know it's been a while. 953 00:38:06,371 --> 00:38:09,939 I guess you don'tremember me. 954 00:38:09,983 --> 00:38:11,419 But I remember you. 955 00:38:13,203 --> 00:38:15,510 And I'll never forget what you did for me. 956 00:38:17,425 --> 00:38:20,123 Objection. That is a touching story, 957 00:38:20,167 --> 00:38:22,125 but the witness has no relevance 958 00:38:22,169 --> 00:38:23,562 to the sentencing of this defendant. 959 00:38:23,605 --> 00:38:26,260 BENNY:I'm sorry, I disagree. 960 00:38:26,304 --> 00:38:29,307 It's completely relevant, Your Honor. 961 00:38:29,350 --> 00:38:32,048 You know, there's a striking similarity between 962 00:38:32,092 --> 00:38:34,312 what you did for Mr. Wheeler 963 00:38:34,355 --> 00:38:37,227 and what Judge Duggan was trying to do for Nurse Jansen. 964 00:38:37,271 --> 00:38:39,926 Now, Nurse Jansen was 965 00:38:39,969 --> 00:38:42,058 led to believe that 966 00:38:42,102 --> 00:38:46,324 what she was doing, testifying,was the right thing to do. 967 00:38:46,367 --> 00:38:49,109 Not a trap, but a solemn duty. 968 00:38:49,152 --> 00:38:51,372 And even though it might not have 969 00:38:51,416 --> 00:38:53,592 hewed to the letter of the law, 970 00:38:53,635 --> 00:38:56,725 Judge Duggan could not allow herto be arrested 971 00:38:56,769 --> 00:38:59,554 without benefit of counsel. 972 00:38:59,598 --> 00:39:03,906 Hauled off in handcuffs in front of jurors 973 00:39:03,950 --> 00:39:05,647 and members of the general public 974 00:39:05,691 --> 00:39:06,822 sitting in the gallery. 975 00:39:06,866 --> 00:39:09,259 No. 976 00:39:09,303 --> 00:39:11,261 In her judicial wisdom, 977 00:39:11,305 --> 00:39:15,222 she realized there had to be another way. 978 00:39:15,265 --> 00:39:17,442 One that didn't compromise her courtroom, 979 00:39:17,485 --> 00:39:21,924 but also didn't shortchange or undercut the authority 980 00:39:21,968 --> 00:39:24,840 of the federal agents charged with bringing her in. 981 00:39:24,884 --> 00:39:27,277 Don't you see, Judge Hollingsworth? 982 00:39:29,279 --> 00:39:31,934 You did the same thing in Mr. Wheeler's case. 983 00:39:31,978 --> 00:39:34,807 You ignored the federal sentencing guidelines, 984 00:39:34,850 --> 00:39:38,376 and instead, looked to the purpose behind them. 985 00:39:38,419 --> 00:39:41,596 Which is to promote public safety 986 00:39:41,640 --> 00:39:43,163 and the good of our society. 987 00:39:43,206 --> 00:39:47,123 I mean, isn't that one ofthe reasons why we have judges? 988 00:39:47,167 --> 00:39:50,649 To bring their human wisdom and judgment to bear? 989 00:39:53,478 --> 00:39:54,653 Thank you, Mr. Colón. 990 00:39:56,872 --> 00:39:58,221 Mr. Olsen, 991 00:39:58,265 --> 00:39:59,962 do you have any evidence to present on sentencing? 992 00:40:00,006 --> 00:40:04,053 No, Your Honor. 993 00:40:04,097 --> 00:40:06,839 I would simply ask that you sentence the defendant 994 00:40:06,882 --> 00:40:08,188 to serve 48 months 995 00:40:08,231 --> 00:40:10,495 in prison.HOLLINGSWORTH: Mr. Colón, 996 00:40:10,538 --> 00:40:12,322 I'll hear your recommendation. 997 00:40:12,366 --> 00:40:15,456 Actually, Your Honor, I'm not making any recommendations. 998 00:40:15,500 --> 00:40:18,503 I'm asking you to exercise your sovereignty 999 00:40:18,546 --> 00:40:20,200 and discretion one more time. 1000 00:40:20,243 --> 00:40:22,332 You have the power 1001 00:40:22,376 --> 00:40:24,160 to right this wrong. 1002 00:40:24,204 --> 00:40:26,467 You can issue a judgment of acquittal. 1003 00:40:26,511 --> 00:40:29,470 You want me to set aside the jury's verdict 1004 00:40:29,514 --> 00:40:31,646 and enter a finding of not guilty? 1005 00:40:31,690 --> 00:40:33,474 I do. 1006 00:40:33,518 --> 00:40:36,216 It's highly unusual. 1007 00:40:36,259 --> 00:40:38,827 Unusual, but not unwarranted. 1008 00:40:38,871 --> 00:40:42,788 Judge Duggan is a principledjurist, and so are you. 1009 00:40:42,831 --> 00:40:45,486 No legitimate purpose 1010 00:40:45,530 --> 00:40:48,184 will be served by branding her a felon 1011 00:40:48,228 --> 00:40:50,448 and sending her to prison. 1012 00:41:02,895 --> 00:41:05,724 Judge Duggan, please rise. 1013 00:41:09,423 --> 00:41:11,730 I've made my ruling. 1014 00:41:13,775 --> 00:41:16,648 I don't condone what you did, 1015 00:41:16,691 --> 00:41:20,086 but I respect your reasoning. 1016 00:41:22,044 --> 00:41:24,656 And I'm-I'm going to adopt Mr. Colón's request 1017 00:41:24,699 --> 00:41:27,267 and issue a judgment for acquittal. 1018 00:41:28,921 --> 00:41:30,096 Your Honor... 1019 00:41:30,139 --> 00:41:31,489 Do not speak, Mr. Olsen, 1020 00:41:31,532 --> 00:41:33,839 or I will hold you in contempt. 1021 00:41:33,882 --> 00:41:35,884 I hereby 1022 00:41:35,928 --> 00:41:37,886 set aside the jury's verdict, 1023 00:41:37,930 --> 00:41:40,759 and I find you not guilty. 1024 00:41:40,802 --> 00:41:43,065 [gavel bangs]Court is in recess. 1025 00:41:50,812 --> 00:41:52,466 Hey. 1026 00:41:52,510 --> 00:41:56,470 Ah.Look at her. 1027 00:41:56,514 --> 00:41:58,167 She looks like a kid who just found out 1028 00:41:58,211 --> 00:42:00,082 she doesn't have to change schools, clean out her locker 1029 00:42:00,126 --> 00:42:03,564 and leave her friendsafter all.Mm. 1030 00:42:03,608 --> 00:42:05,174 Of course, it'snot quite over. 1031 00:42:05,218 --> 00:42:08,090 She's still got to go before theCommittee on Judicial Conduct. 1032 00:42:08,134 --> 00:42:11,267 I'm gonna see if they'lllet me testify on her behalf. 1033 00:42:13,226 --> 00:42:14,575 You were right about her, Bull. 1034 00:42:14,619 --> 00:42:17,665 You were right about all of it.[laughs]: Yeah. 1035 00:42:17,709 --> 00:42:18,971 Well, what can I say? 1036 00:42:19,014 --> 00:42:23,192 She loves court,trials and juries. 1037 00:42:23,236 --> 00:42:25,194 Guess it takes oneto know one. 1038 00:42:25,238 --> 00:42:27,022 Want to get out of here? 1039 00:42:27,066 --> 00:42:28,850 Lead the way, sir. 75483

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