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[THUNDER RUMBLING]
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♪
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Want to see what you're
gonna look like in 30 years?
4
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Honey, don't you know
no woman wants to see
5
00:00:32,353 --> 00:00:34,224
what she's gonna look
like when she's older?
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- Come on.
- It's just an app.
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I take your picture and
then it makes you look old.
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- I really don't want...
- [SHUTTER CLICKS]
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You closed your eyes. One more.
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And then you'll let me
read my book in peace?
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[LAUGHS SOFTLY] Probably not.
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[SCREAMING]
13
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[PEOPLE PANTING, GROANING]
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WOMAN: Welcome back.
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Happy you finally decided to join us.
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All right, careful. Don't
look directly at the light.
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00:01:13,916 --> 00:01:16,049
Look above the light.
18
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Look at the tip of my nose.
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Good.
20
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Tell me your name.
21
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Uh, Walt Mora.
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What day is it today, Mr. Mora?
23
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I have no idea.
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Well, what's the last thing
you can remember?
25
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Being at work.
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Piloting a train out of Grand Central,
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heading towards, uh, Westchester County.
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Where am I?
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[INDISTINCT ANNOUNCEMENT OVER P.A.]
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Am I in the hospital?
31
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St. Benjamin's, honey.
32
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This is Dr. Medawar.
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She's been taking great care of you.
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What kind of care?
35
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You've been here six days, Mr. Mora.
36
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There was an accident.
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Huh.
38
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I don't remember any accident.
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Are you sure?
40
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Completely sure.
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You ran headfirst into another train
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that was parked on the tracks.
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Four people died.
44
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This true, Gloria?
45
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CT scans of your brain
46
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show that you suffered
a traumatic brain injury.
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With traumatic brain injury,
it's quite common
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to lose memories associated
with the incident
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in which the injury occurred.
50
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In this case, the crash.
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Will I ever remember...
52
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what happened, how it happened?
53
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It's possible.
54
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But not terribly likely.
55
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BULL: I guess most of all,
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we're looking for more space.
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We just had a baby girl and, uh,
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it would be great
if the building had a playroom
59
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- or maybe a pool.
- [KNOCKING]
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Not right now. Come back in half an hour.
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00:02:59,539 --> 00:03:00,976
Why wouldn't you want your baby
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welcomed into the Catholic faith?
63
00:03:04,283 --> 00:03:05,720
I'm gonna have to call you back.
64
00:03:05,763 --> 00:03:07,809
A religious fanatic
just walked into my office.
65
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He's foaming at the mouth
and speaking in tongues.
66
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It's not pretty.
67
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This is not healthy, Benny.
68
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Your sister getting you involved
in our private business...
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00:03:16,643 --> 00:03:18,907
It is not good for my home
life and it is not good
70
00:03:18,950 --> 00:03:21,736
for your professional life,
if you follow my drift.
71
00:03:22,824 --> 00:03:24,782
You know, Bull... [CLEARS THROAT]
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Baptism is a holy sacrament.
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It frees your child
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from original sin.
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It cleanses her soul.
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Really?
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You think my daughter's soul
needs cleansing?
78
00:03:39,928 --> 00:03:42,582
Hmm. What do you think she does
after we put her down at night?
79
00:03:42,626 --> 00:03:45,411
Maybe she sneaks out, robs a bank?
80
00:03:45,455 --> 00:03:46,586
Maybe she's having a torrid affair
81
00:03:46,630 --> 00:03:47,762
with the neighbor's husband.
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Go ahead and make fun.
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Okay, I will.
84
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Okay, I won't. Look...
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I respect how devout you are, Benny.
86
00:03:56,205 --> 00:03:59,817
In fact, I even find it
somewhat inspiring.
87
00:03:59,861 --> 00:04:03,821
But not everyone
feels the way you do, uh,
88
00:04:03,865 --> 00:04:06,171
esp... including your sister.
89
00:04:06,215 --> 00:04:08,478
Really? And you know that?
90
00:04:08,521 --> 00:04:10,349
[SOFT CHUCKLE]
Benjamin Colón, your sister
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00:04:10,393 --> 00:04:12,830
is the living definition
of a C.E.O. Catholic.
92
00:04:12,874 --> 00:04:14,397
A C.E.O. Catholic?
93
00:04:14,440 --> 00:04:15,964
Christmas, Easter only.
94
00:04:16,007 --> 00:04:17,366
Bull...
95
00:04:18,531 --> 00:04:21,970
every single member of the
Colón family has been baptized.
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00:04:22,013 --> 00:04:23,972
E-Every single one.
97
00:04:24,015 --> 00:04:27,018
W-Why would you want to prevent
that tradition from continuing?
98
00:04:27,062 --> 00:04:30,021
You know what else has been
a family tradition of yours?
99
00:04:30,065 --> 00:04:31,588
Being married when you have a baby.
100
00:04:31,631 --> 00:04:34,466
And unless the Vatican
put out a memo that I missed,
101
00:04:34,896 --> 00:04:37,202
that's still one of the sacraments, too.
102
00:04:37,761 --> 00:04:39,726
What does that have to do with anything?
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00:04:39,770 --> 00:04:42,686
I'm just saying, I asked your
sister to marry me, she said no.
104
00:04:42,729 --> 00:04:44,470
How come she's the one who gets
to pick and choose
105
00:04:44,514 --> 00:04:45,732
the sacraments that matter?
106
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[KNOCKING]
107
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- Go away.
- Go away.
108
00:04:49,911 --> 00:04:51,260
This a bad time?
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Okay, then. Uh, your next
appointment is here.
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Walter and Gloria Mora.
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WALTER: The truth is
112
00:05:00,784 --> 00:05:03,453
I can't remember
anything about the accident.
113
00:05:04,055 --> 00:05:05,747
I just can't.
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00:05:07,754 --> 00:05:09,581
They say I fell asleep,
115
00:05:09,625 --> 00:05:11,920
and I can't say that I didn't.
116
00:05:12,847 --> 00:05:14,196
You know...
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00:05:14,239 --> 00:05:17,939
All I know is that four people are dead.
118
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And I was the one driving the train.
119
00:05:21,377 --> 00:05:22,813
Hmm.
120
00:05:22,857 --> 00:05:24,859
And you came to us through...
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00:05:24,902 --> 00:05:27,557
The locomotive operator's union.
122
00:05:27,600 --> 00:05:29,037
They gave us a list of lawyers.
123
00:05:29,080 --> 00:05:32,040
And, uh,
they said you two were very good.
124
00:05:32,083 --> 00:05:34,085
Uh, they told me
125
00:05:34,129 --> 00:05:36,435
to give you this letter.
126
00:05:38,350 --> 00:05:40,178
Okay, so...
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00:05:40,222 --> 00:05:42,224
the union will pay your legal bills.
128
00:05:42,267 --> 00:05:43,790
Well,
129
00:05:43,834 --> 00:05:47,533
u-uh, can you tell me anything
about the moments before?
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00:05:47,577 --> 00:05:49,013
You were going to work.
131
00:05:49,057 --> 00:05:52,277
Did you maybe have a drink beforehand?
132
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Take any cold medicine?
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Maybe any other drugs?
Were you unusually tired?
134
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I mean, sure, I was tired.
135
00:05:59,981 --> 00:06:02,471
Yeah, it was midnight
when my shift started.
136
00:06:03,722 --> 00:06:05,891
Any body'd be tired.
137
00:06:07,228 --> 00:06:10,208
Yeah, um... uh, normally,
I try to work days.
138
00:06:10,520 --> 00:06:13,168
Yeah. Well, the problem is, uh,
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00:06:13,211 --> 00:06:14,431
when we get into court,
140
00:06:14,474 --> 00:06:17,711
the other side is gonna ask,
"If you were so tired,
141
00:06:17,755 --> 00:06:21,219
why did you go to work
and agree to drive a train?"
142
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That's my job.
143
00:06:23,134 --> 00:06:24,353
You know?
144
00:06:24,396 --> 00:06:26,981
Uh, any time I work nights, I'm tired.
145
00:06:27,024 --> 00:06:30,576
Everybody is, but it doesn't
stop me from working.
146
00:06:30,620 --> 00:06:33,231
Doesn't stop me from doing a good job.
147
00:06:33,275 --> 00:06:34,624
The truth is my husband
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00:06:34,667 --> 00:06:36,463
hasn't been sleeping well for a while.
149
00:06:37,670 --> 00:06:39,194
We...
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Our daughter passed away
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six months ago from leukemia.
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Neither of us have been
sleeping well for a while.
153
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I'm so sorry.
154
00:06:54,818 --> 00:06:57,484
I can only imagine how
painful that must have been.
155
00:06:59,170 --> 00:07:01,651
It was a long battle, and...
156
00:07:01,988 --> 00:07:03,065
she fought hard,
157
00:07:03,108 --> 00:07:05,872
but the good Lord needed her in Heaven.
158
00:07:07,831 --> 00:07:09,224
And on top of that,
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00:07:09,249 --> 00:07:11,991
the train company
is working Walter to the bone.
160
00:07:12,140 --> 00:07:15,708
Long hours. Sometimes days,
sometimes nights.
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Anytime they call, he goes,
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00:07:18,711 --> 00:07:20,539
no questions asked.
163
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Feels like he can't say no.
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'Cause if he does, then they start
165
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scheduling him for fewer hours.
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00:07:28,254 --> 00:07:31,257
It's their way of keeping you in line.
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He was back on a train
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three days after we buried our daughter.
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[ELEVATOR BELL DINGS]
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Okay, boss,
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how do we convince a jury our client
172
00:07:47,926 --> 00:07:50,189
didn't do it when even our client
173
00:07:50,232 --> 00:07:51,799
isn't sure he didn't to it?
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00:07:51,843 --> 00:07:53,845
I honestly don't know, but that man's
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looking at spending the rest
of his life in prison.
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Four lives have already been lost.
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We just have to try and not make it five.
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Synced & corrected by -robtor-
www.addic7ed.com
179
00:08:10,229 --> 00:08:12,669
_
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00:08:14,086 --> 00:08:16,610
You know, even if Walter did fall asleep,
181
00:08:16,654 --> 00:08:20,310
it doesn't necessarily mean
the crash was his fault.
182
00:08:21,876 --> 00:08:23,111
Really?
183
00:08:23,878 --> 00:08:25,113
Well...
184
00:08:25,138 --> 00:08:28,315
we may have to agree to
disagree on that one.
185
00:08:30,480 --> 00:08:31,953
Do you follow tennis, Benny?
186
00:08:33,079 --> 00:08:35,238
I've, uh, watched a couple
of matches here and there.
187
00:08:35,281 --> 00:08:37,631
Well, you know,
in tennis there are two types of errors:
188
00:08:37,675 --> 00:08:40,420
there's forced error
sand unforced errors.
189
00:08:41,070 --> 00:08:42,462
Okay.
190
00:08:42,506 --> 00:08:44,899
So, say you serve the ball,
you hit it out of bounds...
191
00:08:44,943 --> 00:08:46,684
that is an unforced error.
192
00:08:46,727 --> 00:08:48,294
But if you're hitting it back and forth
193
00:08:48,338 --> 00:08:50,035
and the other guy hits a great shot
194
00:08:50,079 --> 00:08:52,472
and you chase the ball,
you barely reach it, but...
195
00:08:52,516 --> 00:08:54,474
you hit it out of bounds...
196
00:08:54,518 --> 00:08:55,823
that's a forced error.
197
00:08:55,867 --> 00:08:58,130
You hit it out of bounds'
cause of the position
198
00:08:58,174 --> 00:08:59,610
the other guy put you in.
199
00:09:01,307 --> 00:09:03,004
And what, if anything,
200
00:09:03,048 --> 00:09:04,944
does that have to do with our client?
201
00:09:05,475 --> 00:09:06,945
You remember what Walter's wife said
202
00:09:06,989 --> 00:09:09,194
about the way the company
scheduled Walter's work?
203
00:09:09,194 --> 00:09:10,543
Very last-minute.
204
00:09:10,586 --> 00:09:13,415
How if he said no to a
shift, they'd often retaliate
205
00:09:13,459 --> 00:09:16,897
by not offering him another
one for a long time.
206
00:09:16,941 --> 00:09:18,420
Well...
207
00:09:18,464 --> 00:09:21,641
what if we argued that
if Walter did fall asleep
208
00:09:21,684 --> 00:09:24,557
it was because of the way the
company scheduled his work,
209
00:09:24,600 --> 00:09:26,284
and they forced the error
210
00:09:26,327 --> 00:09:28,147
by working him to the point of exhaustion
211
00:09:28,190 --> 00:09:29,867
and making it impossible
for him to maintain
212
00:09:29,910 --> 00:09:31,667
a predictable or healthy sleep schedule.
213
00:09:31,708 --> 00:09:32,927
[GAVEL BANGS]
214
00:09:32,970 --> 00:09:35,843
We are in the business
of moving people and things
215
00:09:35,886 --> 00:09:37,390
from one point to another,
216
00:09:37,434 --> 00:09:39,890
safely, in a timely way.
217
00:09:39,934 --> 00:09:42,719
Unfortunately, no matter how many
218
00:09:43,108 --> 00:09:45,527
safety measures are put in place,
219
00:09:46,277 --> 00:09:48,290
we can't fully control
220
00:09:48,334 --> 00:09:49,572
the human element.
221
00:09:50,594 --> 00:09:53,423
Trains are piloted by people, and...
222
00:09:53,700 --> 00:09:55,412
people are fallible.
223
00:09:56,124 --> 00:09:59,040
We did a thorough and comprehensive
224
00:09:59,083 --> 00:10:00,781
internal investigation.
225
00:10:00,824 --> 00:10:03,566
The NTSB did its own
independent investigation.
226
00:10:03,610 --> 00:10:05,755
We all came to the same conclusion:
227
00:10:06,583 --> 00:10:10,413
the fault lies with the
man piloting the train.
228
00:10:10,438 --> 00:10:11,700
The fault...
229
00:10:11,949 --> 00:10:14,508
lies with the engineer.
230
00:10:14,533 --> 00:10:18,015
Objection. Your Honor,
isn't that for the jury to decide?
231
00:10:18,240 --> 00:10:21,504
The witness has been qualified
as an expert, counselor.
232
00:10:21,702 --> 00:10:23,189
Overruled.
233
00:10:24,152 --> 00:10:25,893
Nothing further, Your Honor.
234
00:10:25,936 --> 00:10:28,287
ROBINSON: Your witness, Mr. Colón.
235
00:10:28,330 --> 00:10:30,238
Thank you, Your Honor.
236
00:10:32,160 --> 00:10:33,770
Mr. Peterman...
237
00:10:34,824 --> 00:10:38,122
...let's talk about
Mr. Mora's work schedule.
238
00:10:38,454 --> 00:10:40,039
Are you familiar with it?
239
00:10:41,166 --> 00:10:43,103
Specifically? No.
240
00:10:43,103 --> 00:10:45,714
But I can assure you our company
241
00:10:45,758 --> 00:10:48,456
follows all national railway
regulatory standards
242
00:10:48,500 --> 00:10:49,892
for hours worked.
243
00:10:49,936 --> 00:10:51,342
Be that as it may,
244
00:10:52,097 --> 00:10:54,971
we should take a look at
Mr. Mora's work schedule
245
00:10:55,014 --> 00:10:57,363
just prior to the accident.
246
00:10:57,915 --> 00:10:59,191
Ah, I have it right here.
247
00:10:59,234 --> 00:11:00,322
Okay.
248
00:11:00,366 --> 00:11:01,603
So...
249
00:11:02,150 --> 00:11:04,762
Mr. Mora worked Monday
250
00:11:05,440 --> 00:11:07,242
from 8:00 a.m. to 8:00 p.m.
251
00:11:07,286 --> 00:11:10,028
12 hours... the maximum allowed by law.
252
00:11:10,071 --> 00:11:12,204
Then, 12 hours later,
253
00:11:12,247 --> 00:11:14,075
he was back at work.
254
00:11:14,119 --> 00:11:16,469
Tuesday, from 8:00 a.m. to 8:00 p.m.
255
00:11:16,512 --> 00:11:18,819
Again, the maximum allowed by law.
256
00:11:19,329 --> 00:11:21,517
Luckily, Mr. Mora had off on Wednesday.
257
00:11:21,561 --> 00:11:24,094
Was told he wouldn't be
needed again until Thursday.
258
00:11:24,138 --> 00:11:27,284
But at 10:00 p.m. Wednesday night,
259
00:11:27,328 --> 00:11:29,510
your company contacted him
260
00:11:29,554 --> 00:11:31,658
to pull an emergency shift,
261
00:11:31,966 --> 00:11:33,355
midnight until noon.
262
00:11:34,590 --> 00:11:35,615
So...
263
00:11:36,012 --> 00:11:38,447
the man works all day Monday,
264
00:11:38,491 --> 00:11:40,460
all day Tuesday, then,
265
00:11:40,504 --> 00:11:42,451
was ready for bed on Wednesday night,
266
00:11:42,495 --> 00:11:44,497
maybe even already asleep,
267
00:11:44,540 --> 00:11:46,238
when you called him
268
00:11:46,281 --> 00:11:48,544
with less than two hours notice,
269
00:11:48,588 --> 00:11:50,633
told him to get out of bed
270
00:11:50,677 --> 00:11:52,418
and come to work for 12 hours.
271
00:11:52,461 --> 00:11:54,855
In darkness and inclement weather.
272
00:11:54,899 --> 00:11:56,465
Remind me of what you said earlier
273
00:11:56,509 --> 00:11:58,092
about your commitment to safety?
274
00:11:58,135 --> 00:11:59,729
Objection, Your Honor.
275
00:11:59,773 --> 00:12:01,441
Counsel is badgering the witness.
276
00:12:01,466 --> 00:12:04,803
I'd like to answer the question,
if that's okay with the court.
277
00:12:05,583 --> 00:12:07,650
Objection overruled.
278
00:12:07,835 --> 00:12:09,739
You may answer the question.
279
00:12:10,380 --> 00:12:12,786
What you don't seem to understand
280
00:12:12,830 --> 00:12:15,789
is that if Mr. Mora felt
that he wasn't rested enough
281
00:12:15,833 --> 00:12:18,966
to take the shift,
he could have simply said no.
282
00:12:19,305 --> 00:12:22,491
Mr. Mora was not forced to work.
283
00:12:23,268 --> 00:12:24,936
But isn't it true that
284
00:12:25,364 --> 00:12:28,323
when an engineer is offered last-minute
285
00:12:28,367 --> 00:12:30,891
or less-desirable shifts,
286
00:12:30,935 --> 00:12:33,415
if he or she makes
a habit of turning them down,
287
00:12:33,459 --> 00:12:36,070
your company reciprocates by offering him
288
00:12:36,114 --> 00:12:39,117
less and less hours overall?
289
00:12:42,207 --> 00:12:43,342
- Mr. Peterman?
- The witness
290
00:12:43,386 --> 00:12:45,473
will answer the question.
291
00:12:49,460 --> 00:12:51,007
Our company...
292
00:12:51,963 --> 00:12:54,998
never put any pressure on any employee
293
00:12:55,042 --> 00:12:57,543
to accept additional shifts.
294
00:12:57,568 --> 00:12:59,701
And in the case of Mr. Mora,
295
00:12:59,744 --> 00:13:03,487
he himself asked for extra shifts.
296
00:13:03,531 --> 00:13:05,272
[GALLERY MURMURING]
297
00:13:06,541 --> 00:13:08,064
In fact,
298
00:13:08,188 --> 00:13:11,974
Mr. Mora put in a request
to work the maximum amount
299
00:13:12,018 --> 00:13:13,976
of shifts available.
300
00:13:14,020 --> 00:13:16,413
He volunteered for the relief list,
301
00:13:16,457 --> 00:13:18,256
and to be contacted whenever
302
00:13:18,300 --> 00:13:20,635
there was a last-minute shift opening.
303
00:13:20,678 --> 00:13:23,943
By the way, I have
those requests in writing.
304
00:13:23,986 --> 00:13:27,294
I'd be happy to share them if
it would be any help whatsoever.
305
00:13:27,337 --> 00:13:28,469
[GALLERY MURMURING]
306
00:13:30,960 --> 00:13:32,734
Is there anyone on our side in this?
307
00:13:32,777 --> 00:13:34,281
MARISSA: Not in the jury box.
308
00:13:34,337 --> 00:13:35,867
Mm.
309
00:13:39,503 --> 00:13:41,722
- You talk to him?
- Who's that?
310
00:13:42,138 --> 00:13:43,202
Walter.
311
00:13:44,682 --> 00:13:46,059
About what?
312
00:13:47,226 --> 00:13:48,817
Abo... [SIGHS]
313
00:13:48,860 --> 00:13:51,967
Bull, the man sat in our conference room.
314
00:13:52,774 --> 00:13:55,205
He and his wife told us, plain as day,
315
00:13:55,249 --> 00:13:57,876
that the company made him work.
316
00:13:58,337 --> 00:13:59,653
That they demanded it.
317
00:13:59,697 --> 00:14:01,438
Even after his daughter's funeral.
318
00:14:01,481 --> 00:14:03,744
We built our entire case around that,
319
00:14:03,788 --> 00:14:05,877
and the railroad just...
320
00:14:06,496 --> 00:14:07,923
blew it out the water.
321
00:14:09,446 --> 00:14:11,535
And our client let us walk right into it.
322
00:14:14,212 --> 00:14:15,669
I know.
323
00:14:15,713 --> 00:14:17,323
And no, I haven't talked to him yet.
324
00:14:17,367 --> 00:14:18,803
I will.
325
00:14:18,847 --> 00:14:21,240
Though I don't think
it's gonna do any good.
326
00:14:21,284 --> 00:14:22,328
What are you talking about?
327
00:14:23,304 --> 00:14:25,854
Walter doesn't care.
328
00:14:27,899 --> 00:14:31,236
In fact... I'm willing to bet, deep down,
329
00:14:31,261 --> 00:14:33,905
he just wants it all to be over with.
330
00:14:34,273 --> 00:14:35,602
The trial?
331
00:14:36,067 --> 00:14:37,213
His life.
332
00:14:37,610 --> 00:14:38,910
Oh.
333
00:14:38,954 --> 00:14:40,912
Man's still in mourning.
334
00:14:42,435 --> 00:14:44,698
For the people that died on his train.
335
00:14:45,535 --> 00:14:46,828
For his little girl.
336
00:14:47,963 --> 00:14:49,878
The man is a walking wake.
337
00:14:49,921 --> 00:14:52,184
He has no will to survive,
no will to live.
338
00:14:52,625 --> 00:14:54,099
He believes he's guilty of all of it.
339
00:14:54,143 --> 00:14:56,972
And even if he isn't,
he believes he deserves to be.
340
00:14:57,015 --> 00:14:58,714
So where does that leave us?
341
00:14:59,757 --> 00:15:02,586
Same place we were before
we had this conversation.
342
00:15:03,594 --> 00:15:05,263
We have to defend the man.
343
00:15:06,810 --> 00:15:08,283
Whether he wants us to or not.
344
00:15:08,998 --> 00:15:10,385
TAYLOR: You know,
345
00:15:10,428 --> 00:15:12,422
just because Walter
asked for those shifts
346
00:15:12,465 --> 00:15:14,903
doesn't mean the company
should have let him take them.
347
00:15:15,161 --> 00:15:16,945
And what about the thousands of people
348
00:15:16,989 --> 00:15:18,947
who ride the trains every day?
349
00:15:18,991 --> 00:15:21,167
Doesn't the railroad
have an obligation to them?
350
00:15:21,211 --> 00:15:22,690
You're not wrong, but think about it
351
00:15:22,734 --> 00:15:23,735
from the jury's perspective.
352
00:15:23,778 --> 00:15:25,606
All they see is four dead people
353
00:15:25,650 --> 00:15:28,744
and a tired engineer
who asked to drive the train.
354
00:15:31,177 --> 00:15:32,613
Okay.
355
00:15:32,657 --> 00:15:34,083
Don't laugh.
356
00:15:34,833 --> 00:15:36,835
I've been poking around a bunch
357
00:15:36,878 --> 00:15:38,927
of conspiracy theory websites.
358
00:15:38,971 --> 00:15:41,753
Different ones about
catastrophic accidents.
359
00:15:41,796 --> 00:15:44,190
Boeing Max 737, the Challenger explosion.
360
00:15:44,234 --> 00:15:45,322
That kind of thing.
361
00:15:45,365 --> 00:15:46,497
CHUNK [SING-SONGY]: I'm telling Bull.
362
00:15:46,540 --> 00:15:48,368
Taylor's a nut job.
363
00:15:48,412 --> 00:15:49,456
Okay, make fun.
364
00:15:49,500 --> 00:15:50,805
But let mere mind you
365
00:15:50,849 --> 00:15:52,285
that in the case of the Challenger
366
00:15:52,329 --> 00:15:54,461
and the case of
the Boeing airline crashes,
367
00:15:54,505 --> 00:15:57,004
it was the conspiracy theorists
who blew the whistle first.
368
00:15:57,047 --> 00:15:59,205
I can only imagine what kind of crackpots
369
00:15:59,249 --> 00:16:00,424
you've been talking to.
370
00:16:00,735 --> 00:16:03,514
The thing is...
I may have found something.
371
00:16:04,113 --> 00:16:07,126
There's this one Internet forum
where this anonymous poster
372
00:16:07,170 --> 00:16:09,927
has been ranting and raving
ever since Walter's train crash
373
00:16:09,971 --> 00:16:11,101
made the news.
374
00:16:11,144 --> 00:16:13,008
He's telling anyone who will listen
375
00:16:13,052 --> 00:16:15,130
that the railroad is covering
up what really happened.
376
00:16:15,174 --> 00:16:18,442
He says... pardon the pun... that
they're railroading Walter.
377
00:16:18,485 --> 00:16:20,226
You think he's legit?
378
00:16:20,270 --> 00:16:22,228
I do, actually.
379
00:16:22,272 --> 00:16:23,367
You have a name?
380
00:16:23,411 --> 00:16:24,454
I have a name.
381
00:16:24,497 --> 00:16:25,840
I have a background file.
382
00:16:25,884 --> 00:16:27,929
And I may even have a point of contact.
383
00:16:29,134 --> 00:16:31,599
Well, this sounds like
a job for Danny James.
384
00:16:32,911 --> 00:16:34,227
MAN: Ms. James?
385
00:16:36,590 --> 00:16:38,375
One of those for me?
386
00:16:38,418 --> 00:16:39,898
I'm Frank Uzarski.
387
00:16:39,941 --> 00:16:41,987
Mr. Uzarski, thank you for coming.
388
00:16:43,423 --> 00:16:44,779
So...
389
00:16:46,252 --> 00:16:47,819
you working for Walter?
390
00:16:48,241 --> 00:16:49,864
For his defense team, yeah.
391
00:16:50,159 --> 00:16:52,411
Well, good luck.
392
00:16:53,122 --> 00:16:56,603
You're up against a very
formidable adversary.
393
00:16:58,133 --> 00:17:01,049
Oh, no thanks, never before,
uh, 9:00 a.m. for me.
394
00:17:01,754 --> 00:17:03,172
You were saying?
395
00:17:03,501 --> 00:17:07,418
I was saying this whole
situation with your client
396
00:17:07,708 --> 00:17:11,451
got a very déjà vu quality to it for me.
397
00:17:11,806 --> 00:17:14,671
I was a engineer for almost
398
00:17:14,696 --> 00:17:16,567
14 years at the same railroad.
399
00:17:16,592 --> 00:17:19,551
I had a very similar experience
to his about six months back.
400
00:17:19,764 --> 00:17:21,357
Wait, you hit a train?
401
00:17:21,715 --> 00:17:22,682
No.
402
00:17:23,420 --> 00:17:25,248
But I came awfully close.
403
00:17:25,291 --> 00:17:26,466
Tell me.
404
00:17:26,510 --> 00:17:28,239
Just what I said.
405
00:17:29,295 --> 00:17:31,776
One day, I was driving a train
on the northern line,
406
00:17:31,819 --> 00:17:33,952
I almost collided with another one.
407
00:17:33,995 --> 00:17:35,944
Luckily for me, there was no weather,
408
00:17:35,988 --> 00:17:38,683
it was 2:00 in the afternoon,
so I could see what was coming
409
00:17:38,716 --> 00:17:40,370
and I got on the brake in time.
410
00:17:40,741 --> 00:17:42,352
So, wait, you didn't hit a train,
411
00:17:42,395 --> 00:17:44,005
but they fired you anyway?
412
00:17:44,463 --> 00:17:46,048
That's my point.
413
00:17:46,791 --> 00:17:49,837
Whole reason I almost
hit that train is because
414
00:17:49,881 --> 00:17:52,275
when I approached the switch
I was given a green signal.
415
00:17:52,318 --> 00:17:53,639
Green means go.
416
00:17:54,229 --> 00:17:55,317
So I went.
417
00:17:55,766 --> 00:17:57,454
And did you tell the company that?
418
00:17:57,497 --> 00:17:58,759
I sure did.
419
00:17:58,803 --> 00:18:00,500
How did they respond?
420
00:18:01,063 --> 00:18:03,155
They drug tested me.
421
00:18:04,308 --> 00:18:05,657
What did they find?
422
00:18:06,277 --> 00:18:08,508
Exactly what they wanted to find.
423
00:18:08,533 --> 00:18:10,752
Exactly what they were hoping to find.
424
00:18:10,777 --> 00:18:12,251
Which is fascinating to me, because,
425
00:18:12,857 --> 00:18:15,458
to the best of my knowledge, I didn't
have anything in my system
426
00:18:15,483 --> 00:18:17,136
that could have tested positive.
427
00:18:17,496 --> 00:18:19,127
Look...
428
00:18:19,171 --> 00:18:20,791
I'm no saint.
429
00:18:21,347 --> 00:18:23,349
But I don't drink or drug when I work,
430
00:18:23,393 --> 00:18:24,643
and I certainly don't drink or drug
431
00:18:24,686 --> 00:18:27,037
when I'm trying to convince
somebody I saw a green light
432
00:18:27,081 --> 00:18:29,133
when they're insisting I saw a red one.
433
00:18:29,158 --> 00:18:30,594
[GAVEL BANGS] _
434
00:18:30,756 --> 00:18:32,605
DONOGHUE: Now,
can you please tell the court
435
00:18:32,649 --> 00:18:34,947
how it is you know Walter Mora?
436
00:18:35,133 --> 00:18:36,700
We attend the same church.
437
00:18:36,725 --> 00:18:38,684
Saint Catherine's of Brooklyn.
438
00:18:39,452 --> 00:18:42,499
And then... we've been
getting to know each other
439
00:18:42,542 --> 00:18:44,676
even better these past few months.
440
00:18:44,701 --> 00:18:46,505
DONOGHUE: And why is that?
441
00:18:46,530 --> 00:18:49,426
We've both been attending
a grief group at church.
442
00:18:50,029 --> 00:18:52,907
My husband passed away about a year ago.
443
00:18:53,684 --> 00:18:56,339
And Walter lost his daughter to cancer.
444
00:18:56,382 --> 00:18:58,166
DONOGHUE: My condolences.
445
00:18:58,210 --> 00:18:59,681
To both of you.
446
00:18:59,725 --> 00:19:01,401
Now, Ms. Combs,
447
00:19:01,445 --> 00:19:03,186
you contacted the district attorney's
448
00:19:03,230 --> 00:19:05,503
office yesterday afternoon, did you not?
449
00:19:05,850 --> 00:19:07,112
I did.
450
00:19:07,437 --> 00:19:09,917
I've been following the trial
on the Internet
451
00:19:09,961 --> 00:19:11,258
and in the paper.
452
00:19:12,428 --> 00:19:15,605
And there are just
some things that Walter said
453
00:19:15,630 --> 00:19:19,286
when we were in grief group
together, things that...
454
00:19:19,767 --> 00:19:21,929
well, they made me uncomfortable.
455
00:19:21,973 --> 00:19:24,515
And can you share with us
what those things were?
456
00:19:24,558 --> 00:19:27,848
Objection. I have to believe
that these conversations
457
00:19:27,892 --> 00:19:30,938
are protected under the
therapist-patient privilege,
458
00:19:30,982 --> 00:19:34,405
and are afforded the
same protections as those
459
00:19:34,448 --> 00:19:36,553
between an attorney and his client.
460
00:19:36,596 --> 00:19:38,078
DONOGHUE: Actually, Your Honor,
461
00:19:38,121 --> 00:19:41,304
to qualify for that privilege,
the group must be moderated
462
00:19:41,348 --> 00:19:44,343
by a licensed therapist,
psychologist or social worker.
463
00:19:44,917 --> 00:19:46,214
None of which were present
464
00:19:46,258 --> 00:19:48,913
at this church-sponsored gathering.
465
00:19:48,956 --> 00:19:51,611
Do you have proof
to the contrary, Mr. Colón?
466
00:19:52,883 --> 00:19:54,132
I do not, Your Honor.
467
00:19:54,176 --> 00:19:55,928
Objection overruled.
468
00:19:56,157 --> 00:19:58,556
The witness may answer the question.
469
00:20:01,012 --> 00:20:02,476
I like Walter.
470
00:20:03,310 --> 00:20:04,854
I really do.
471
00:20:05,381 --> 00:20:09,167
And he and Gloria have
been through so much.
472
00:20:09,942 --> 00:20:12,133
But there was a grief group meeting
473
00:20:12,158 --> 00:20:13,821
three days before the train wreck.
474
00:20:15,281 --> 00:20:17,028
And after the meeting,
475
00:20:17,071 --> 00:20:19,827
we were leaving together,
and Walter was saying that
476
00:20:19,878 --> 00:20:21,871
he was having a tough week.
477
00:20:23,513 --> 00:20:25,428
Tougher than most.
478
00:20:26,603 --> 00:20:27,877
He said...
479
00:20:30,296 --> 00:20:32,465
his pain was so great...
480
00:20:33,047 --> 00:20:35,311
he was thinking about ending it all.
481
00:20:35,336 --> 00:20:37,295
[GALLERY MURMURING]
482
00:20:37,320 --> 00:20:39,148
That some days,
483
00:20:39,354 --> 00:20:42,575
living felt like it was too much to bear.
484
00:20:43,267 --> 00:20:45,478
DONOGHUE: It sounds like you're saying
485
00:20:45,731 --> 00:20:49,315
Walter Mora saw the red light
signal and knew a train
486
00:20:49,800 --> 00:20:52,193
was parked on the tracks in front of him.
487
00:20:52,237 --> 00:20:54,108
That perhaps instead of seeing it
488
00:20:54,152 --> 00:20:55,588
as an obstruction on the tracks,
489
00:20:55,632 --> 00:20:57,448
he saw it as an opportunity.
490
00:20:57,473 --> 00:21:00,618
An opportunity to, to use his own words,
491
00:21:00,811 --> 00:21:02,578
"end it all."
492
00:21:03,161 --> 00:21:04,697
Is that what you're trying to tell us?
493
00:21:04,722 --> 00:21:06,928
Your Honor, objection. Speculation.
494
00:21:06,953 --> 00:21:08,258
Counsel is testifying.
495
00:21:08,283 --> 00:21:10,590
DONOGHUE: I withdraw the
question, Your Honor.
496
00:21:10,615 --> 00:21:13,923
- And, in fact,
- I have no further questions.
497
00:21:17,510 --> 00:21:18,982
How bad is it, Marissa?
498
00:21:19,026 --> 00:21:22,267
The jury finds this witness
extremely credible.
499
00:21:22,310 --> 00:21:24,027
They no longer appear to be questioning
500
00:21:24,071 --> 00:21:26,401
whether or not it was Walter's fault.
501
00:21:26,445 --> 00:21:28,316
They're only questioning whether or not
502
00:21:28,360 --> 00:21:29,861
he crashed the train on purpose.
503
00:21:29,905 --> 00:21:33,858
Either way, my monitors look
like Carrie on prom night.
504
00:21:38,639 --> 00:21:39,727
How did it go today?
505
00:21:40,324 --> 00:21:41,598
It went.
506
00:21:41,642 --> 00:21:44,079
Well, ask me about my meeting
with Frank Uzarski.
507
00:21:44,123 --> 00:21:45,341
What, the, uh,
508
00:21:45,385 --> 00:21:47,996
disgruntled engineer
that Taylor found online?
509
00:21:48,040 --> 00:21:49,563
Yes, indeed.
510
00:21:49,606 --> 00:21:51,913
Turns out he, too,
had a run-in with a train
511
00:21:51,957 --> 00:21:53,567
he had no idea would be there.
512
00:21:53,610 --> 00:21:56,396
Only, in his case, he was able
to avoid a collision.
513
00:21:57,216 --> 00:21:58,964
Did he report it to the railroad?
514
00:21:59,007 --> 00:22:00,313
Uh, he sure did.
515
00:22:00,356 --> 00:22:01,879
And then they drug tested him
516
00:22:01,923 --> 00:22:03,794
and then fired him for his efforts.
517
00:22:03,838 --> 00:22:05,883
Um, I'm-I'm confused.
518
00:22:05,927 --> 00:22:09,626
Sounds like they fired
a cannon to kill a flea.
519
00:22:10,312 --> 00:22:12,412
Uh, there was no crash.
There was no accident.
520
00:22:12,455 --> 00:22:13,458
Why fire him?
521
00:22:13,749 --> 00:22:15,677
Well, he claims that the signal
522
00:22:15,721 --> 00:22:18,016
that's supposed
to alert an engineer to stop
523
00:22:18,060 --> 00:22:19,845
when there's a train in his path
524
00:22:19,888 --> 00:22:21,377
told him to go.
525
00:22:22,157 --> 00:22:24,685
I'm not sure how that
applies to our case.
526
00:22:25,327 --> 00:22:27,911
Well, in our case, Walter
was dealing with bad weather.
527
00:22:28,305 --> 00:22:29,590
Extremely low visibility.
528
00:22:29,634 --> 00:22:33,028
So if there was a signal malfunction,
529
00:22:33,072 --> 00:22:35,161
if he saw green,
530
00:22:35,462 --> 00:22:37,642
that would explain why he didn't brake.
531
00:22:38,173 --> 00:22:39,861
And with all the rain and fog,
532
00:22:39,905 --> 00:22:42,864
by the time he saw the
parked freight train,
533
00:22:43,611 --> 00:22:44,653
it would have been too late.
534
00:22:44,972 --> 00:22:47,173
Well, that's an interesting theory,
535
00:22:47,216 --> 00:22:50,423
but need to remind you
that the NTSB investigation
536
00:22:50,466 --> 00:22:52,570
found no such signal malfunction.
537
00:22:52,613 --> 00:22:54,136
Okay. I'll play devil's advocate.
538
00:22:54,180 --> 00:22:57,313
What if this signal
malfunction only happened once?
539
00:22:57,568 --> 00:22:59,359
The same signal performed perfectly
540
00:22:59,402 --> 00:23:01,013
immediately after
Frank's encounter with it
541
00:23:01,056 --> 00:23:02,580
and right up until Walter's.
542
00:23:03,407 --> 00:23:05,757
An intermittent error.
543
00:23:07,367 --> 00:23:08,934
How about an incident report?
544
00:23:08,977 --> 00:23:11,719
Did he at least file an incident
report after his near miss?
545
00:23:11,763 --> 00:23:13,329
I didn't ask that specific question,
546
00:23:13,373 --> 00:23:15,288
but I know he went to the railroad
547
00:23:15,331 --> 00:23:17,072
and reported the signal problem.
548
00:23:17,116 --> 00:23:18,726
Then they should have a record of it.
549
00:23:18,770 --> 00:23:20,641
Which would prove they were on notice
550
00:23:20,685 --> 00:23:23,260
about a potential signal malfunction.
551
00:23:27,473 --> 00:23:29,171
BENNY: Maybe you can just do it for me.
552
00:23:30,476 --> 00:23:31,652
What's that?
553
00:23:31,696 --> 00:23:34,089
Agree to let Astrid be baptized.
554
00:23:34,133 --> 00:23:36,091
[SIGHS]
555
00:23:36,815 --> 00:23:38,180
You don't want to put yourself
in the middle of this.
556
00:23:38,224 --> 00:23:40,226
I already am. She's my niece.
557
00:23:40,944 --> 00:23:43,533
Benny, I have nothing against baptism.
558
00:23:43,577 --> 00:23:46,319
In fact, knowing that it
would make Izzy happy,
559
00:23:46,362 --> 00:23:48,035
make you happy...
560
00:23:49,328 --> 00:23:50,715
It's just...
561
00:23:51,121 --> 00:23:52,542
[EXHALES]
562
00:23:53,040 --> 00:23:54,196
Even though we're not married,
563
00:23:54,240 --> 00:23:55,545
it's a marriage,
564
00:23:55,589 --> 00:23:58,548
except when your sister decides it isn't.
565
00:23:59,724 --> 00:24:02,944
I have no idea what you're talking about.
566
00:24:02,988 --> 00:24:05,860
It's okay, 'cause it's not
for you to understand.
567
00:24:06,303 --> 00:24:08,080
It's really between Izzy and me.
568
00:24:10,307 --> 00:24:11,779
All right.
569
00:24:12,142 --> 00:24:13,651
I'll keep my nose out of it.
570
00:24:13,694 --> 00:24:15,145
Thank you.
571
00:24:16,563 --> 00:24:18,436
BENNY: Would you think any less of me
572
00:24:18,480 --> 00:24:20,975
if I confessed to you I wasn't
looking forward to this?
573
00:24:21,019 --> 00:24:23,312
You mean you're not excited
to present our case?
574
00:24:23,356 --> 00:24:25,575
Not excited to put Walter on the stand?
575
00:24:25,619 --> 00:24:28,666
Yeah. I have my concerns as well.
576
00:24:29,284 --> 00:24:31,954
Maybe I'll have a little
pep talk with our client.
577
00:24:32,539 --> 00:24:34,976
[KNOCKING]
578
00:24:35,020 --> 00:24:36,325
Come in.
579
00:24:36,369 --> 00:24:37,892
[DOOR OPENS]
580
00:24:37,936 --> 00:24:39,589
[FOOTSTEPS APPROACHING]
581
00:24:40,170 --> 00:24:41,946
So, you understand
582
00:24:41,990 --> 00:24:43,898
you're about to be called to testify.
583
00:24:43,942 --> 00:24:45,551
Yes, sir.
584
00:24:47,302 --> 00:24:49,687
This will be your chance
to tell your story.
585
00:24:49,730 --> 00:24:51,993
Your chance to convince that jury
586
00:24:52,037 --> 00:24:55,649
that you are not responsible
for what happened that night.
587
00:24:57,020 --> 00:24:58,173
Okay.
588
00:24:58,217 --> 00:24:59,827
Um...
589
00:24:59,871 --> 00:25:01,611
But I can't swear
590
00:25:01,655 --> 00:25:03,962
that I'm not responsible.
591
00:25:04,403 --> 00:25:05,863
I just can't.
592
00:25:07,364 --> 00:25:08,699
I see.
593
00:25:09,616 --> 00:25:11,099
Hmm.
594
00:25:11,744 --> 00:25:13,798
Well, then I've come to a decision.
595
00:25:14,413 --> 00:25:15,843
What's that?
596
00:25:16,975 --> 00:25:18,933
Mr. Colón and I
597
00:25:19,376 --> 00:25:20,935
will go right to the judge
598
00:25:20,979 --> 00:25:23,503
and withdraw from this case.
599
00:25:25,340 --> 00:25:28,290
You, sir, do not want to win.
600
00:25:28,334 --> 00:25:30,336
You want to use the justice system
601
00:25:30,379 --> 00:25:33,426
to help you... punish yourself.
602
00:25:33,766 --> 00:25:35,428
For what, I'm not sure.
603
00:25:35,684 --> 00:25:36,864
Maybe it's your child's cancer.
604
00:25:36,908 --> 00:25:39,127
Maybe it's those people
605
00:25:39,171 --> 00:25:41,042
who died on that train.
606
00:25:41,565 --> 00:25:43,088
Which is fine.
607
00:25:44,089 --> 00:25:45,611
It's your life.
608
00:25:47,154 --> 00:25:48,731
But I am not gonna let the fact
609
00:25:48,774 --> 00:25:51,487
that you have so little regard
for your wife,
610
00:25:51,531 --> 00:25:53,838
so little regard for life itself,
611
00:25:53,881 --> 00:25:57,624
blemish my record in the legal community.
612
00:25:57,998 --> 00:25:59,060
Wait.
613
00:25:59,104 --> 00:26:01,251
Wait, wait, wait.
614
00:26:02,127 --> 00:26:04,755
What-what would you like me to do?
615
00:26:05,547 --> 00:26:06,938
You want me to lie?
616
00:26:06,981 --> 00:26:08,200
I want you to care.
617
00:26:08,243 --> 00:26:09,505
I want you to give a damn.
618
00:26:09,549 --> 00:26:11,072
I'd even consider staying on board
619
00:26:11,116 --> 00:26:12,987
if you'd just be honest.
620
00:26:13,263 --> 00:26:15,808
What do you mean, be honest?
621
00:26:21,313 --> 00:26:23,650
You don't know what happened that night.
622
00:26:23,693 --> 00:26:25,826
So, for God's sake, stop guessing.
623
00:26:26,318 --> 00:26:28,960
Testify to who you are
624
00:26:29,003 --> 00:26:30,831
and what you do know,
625
00:26:31,490 --> 00:26:32,528
not what might have been.
626
00:26:32,572 --> 00:26:35,227
And stop doing
the other side's job for them.
627
00:26:38,330 --> 00:26:39,915
So what's it gonna be?
628
00:26:41,500 --> 00:26:44,279
BENNY: Now, the prosecution
would have this jury believe
629
00:26:44,323 --> 00:26:47,282
that you were suicidal on
the night of the accident,
630
00:26:47,326 --> 00:26:48,999
that you allowed
631
00:26:49,042 --> 00:26:52,679
your train to collide
with the freight train on purpose.
632
00:26:53,028 --> 00:26:54,639
Is that true, Mr. Mora?
633
00:26:56,932 --> 00:26:58,851
Of course it's not true.
634
00:26:59,852 --> 00:27:02,645
BENNY: And why should
this jury believe that?
635
00:27:03,188 --> 00:27:04,430
Well, because, if you know me,
636
00:27:04,473 --> 00:27:06,984
you know that I believe in God.
637
00:27:08,110 --> 00:27:11,829
You know that I believe
in the church's teachings.
638
00:27:12,873 --> 00:27:14,491
I go to church every week.
639
00:27:15,136 --> 00:27:16,910
My wife and I
640
00:27:17,617 --> 00:27:20,750
took our little girl every week.
641
00:27:20,794 --> 00:27:22,875
So I know that she's in heaven.
642
00:27:23,834 --> 00:27:26,234
I know that the good Lord
643
00:27:26,544 --> 00:27:28,589
has welcomed her soul.
644
00:27:29,411 --> 00:27:32,675
And I know if I were to commit suicide,
645
00:27:32,719 --> 00:27:34,469
I'd never see heaven.
646
00:27:35,846 --> 00:27:37,347
Which means
647
00:27:37,724 --> 00:27:39,160
that I wouldn't ever
648
00:27:39,204 --> 00:27:41,728
see my little girl again.
649
00:27:44,687 --> 00:27:46,648
BENNY: Thank you, Mr. Mora.
650
00:27:47,956 --> 00:27:49,480
- No further questions,
- Your Honor.
651
00:27:54,448 --> 00:27:56,003
He's a pretty good witness.
652
00:27:56,047 --> 00:27:57,526
What'd you say to him?
653
00:27:57,570 --> 00:27:59,006
Nothing much.
654
00:27:59,050 --> 00:28:00,370
I just lied.
655
00:28:00,834 --> 00:28:02,357
Smart.
656
00:28:03,165 --> 00:28:04,838
I guess.
657
00:28:05,979 --> 00:28:08,112
DONOGHUE: Thank you for your testimony,
Mr. Mora.
658
00:28:08,137 --> 00:28:10,487
It was... very moving.
659
00:28:10,670 --> 00:28:13,238
But the fact remains
660
00:28:13,550 --> 00:28:15,414
that four people are dead.
661
00:28:15,886 --> 00:28:17,677
And despite what you've said,
662
00:28:17,720 --> 00:28:19,200
an investigation concluded
663
00:28:19,244 --> 00:28:22,476
that it was human error that killed them.
664
00:28:23,352 --> 00:28:24,771
Your error.
665
00:28:25,479 --> 00:28:26,773
Even if you didn't
666
00:28:26,816 --> 00:28:28,579
cause the collision intentionally,
667
00:28:28,623 --> 00:28:31,038
can you say with 100% certainty
668
00:28:31,082 --> 00:28:33,562
that you didn't fall
asleep at that wheel?
669
00:28:40,004 --> 00:28:43,877
In over 14 years and 25,000 hours,
670
00:28:43,921 --> 00:28:47,054
I've never nodded off.
671
00:28:47,098 --> 00:28:48,838
Not once.
672
00:28:48,882 --> 00:28:51,546
Not for a single second.
673
00:28:53,807 --> 00:28:55,156
Really?
674
00:28:55,367 --> 00:28:58,053
And how do we prove that?
675
00:28:58,283 --> 00:29:00,241
Or do we just accept it,
676
00:29:00,285 --> 00:29:02,446
because you've never
crashed a train before?
677
00:29:02,471 --> 00:29:04,560
Just like we're supposed
to accept the fact
678
00:29:04,585 --> 00:29:06,326
that you can't remember anything.
679
00:29:06,552 --> 00:29:08,288
BENNY: Objection. Your Honor,
680
00:29:08,313 --> 00:29:11,098
counsel is testifying
and badgering the witness.
681
00:29:11,557 --> 00:29:12,993
Sustained.
682
00:29:13,037 --> 00:29:14,864
Ask a question, please.
683
00:29:15,445 --> 00:29:16,910
That's all right, Your Honor.
684
00:29:18,259 --> 00:29:20,348
I have no further questions.
685
00:29:20,392 --> 00:29:21,523
Talk to me.
686
00:29:21,548 --> 00:29:23,506
They were moved,
687
00:29:23,569 --> 00:29:26,006
but not enough to change their minds.
688
00:29:26,050 --> 00:29:27,529
Yeah.
689
00:29:27,573 --> 00:29:30,445
We got to their hearts
but not their heads.
690
00:29:30,489 --> 00:29:31,920
I can see it from here.
691
00:29:32,451 --> 00:29:34,757
They want someone to hold accountable,
692
00:29:34,928 --> 00:29:37,134
and he was the man at the controls.
693
00:29:38,932 --> 00:29:40,194
Do me a favor.
694
00:29:40,238 --> 00:29:41,195
Call Izzy.
695
00:29:41,239 --> 00:29:42,936
Tell her I'm gonna be home late.
696
00:29:42,980 --> 00:29:45,765
I need to get measured for a new suit.
697
00:29:45,808 --> 00:29:46,853
Sure.
698
00:29:46,896 --> 00:29:48,270
What's the occasion?
699
00:29:48,295 --> 00:29:49,521
Baptism.
700
00:29:50,248 --> 00:29:52,076
The baby, not me.
701
00:29:55,149 --> 00:29:56,944
"Ladies and gentlemen of the jury,
702
00:29:56,988 --> 00:29:59,698
"I'm sure you've all heard
that old saying,
703
00:29:59,723 --> 00:30:01,812
"'If a tree falls in the forest
704
00:30:01,856 --> 00:30:04,249
"'but there's no one there to hear it,
705
00:30:04,293 --> 00:30:05,816
"does it make a sound?'
706
00:30:05,860 --> 00:30:08,819
"Likewise, if a man is driving a train
707
00:30:08,863 --> 00:30:11,169
"and it has a fatal accident
708
00:30:11,213 --> 00:30:13,389
"but the man can't remember
what happened,
709
00:30:13,432 --> 00:30:16,827
"does it automatically make
him the cause of that accident?
710
00:30:16,871 --> 00:30:18,066
- Because, at...
- [KNOCKING]
711
00:30:18,916 --> 00:30:21,745
Hey. How's the closing argument coming?
712
00:30:21,789 --> 00:30:23,007
Well, I'm not convinced,
713
00:30:23,051 --> 00:30:24,400
and I'm the guy writing it.
714
00:30:24,890 --> 00:30:26,099
Yeah.
715
00:30:27,098 --> 00:30:28,926
Oh, hey.
716
00:30:30,103 --> 00:30:32,887
I hear we're having a baptism.
717
00:30:32,930 --> 00:30:35,106
Oh, yeah.
718
00:30:35,150 --> 00:30:37,543
It suddenly occurred to me
last night none of my teams
719
00:30:37,587 --> 00:30:40,024
- are playing three Sundays from now.
- Mm.
720
00:30:40,505 --> 00:30:41,948
I'll take it.
721
00:30:42,679 --> 00:30:45,464
God moves people in strange ways.
722
00:30:45,508 --> 00:30:46,646
Thank you.
723
00:30:46,689 --> 00:30:48,206
Oh, don't thank me.
724
00:30:48,250 --> 00:30:50,040
Thank the NBA.
725
00:30:54,778 --> 00:30:56,911
TAYLOR: I couldn't help myself.
I spent the night working from home.
726
00:30:56,954 --> 00:30:59,894
You want the good news,
the bad news or the good news?
727
00:30:59,938 --> 00:31:01,611
Is this a trick question?
728
00:31:01,654 --> 00:31:03,004
Okay, I'll start with the good news.
729
00:31:03,047 --> 00:31:04,963
Don't ask me how,
730
00:31:05,006 --> 00:31:07,249
but I was able to locate
the incident report
731
00:31:07,292 --> 00:31:08,892
Danny said you wanted me to find.
732
00:31:08,936 --> 00:31:11,490
The one that was filed
when Frank Uzarski complained
733
00:31:11,534 --> 00:31:14,276
to the company that he was given
a green signal instead of a red
734
00:31:14,319 --> 00:31:15,786
and almost ran into a train.
735
00:31:15,829 --> 00:31:17,453
That is good news.
736
00:31:17,859 --> 00:31:19,127
So what's the bad news?
737
00:31:19,311 --> 00:31:22,097
Well, nowhere in it does it say anything
738
00:31:22,122 --> 00:31:23,715
about a signal malfunction.
739
00:31:23,938 --> 00:31:26,810
The thing is,
whether Frank was drunk, stoned
740
00:31:26,854 --> 00:31:28,053
or just lying,
741
00:31:28,078 --> 00:31:30,254
his statements should have
been included in that report.
742
00:31:30,279 --> 00:31:31,454
And they aren't.
743
00:31:31,772 --> 00:31:33,730
You have a theory about why?
744
00:31:34,441 --> 00:31:37,012
Maybe the company deleted
any mention of signal failures
745
00:31:37,056 --> 00:31:39,780
from their records
in the wake of Walter's crash.
746
00:31:39,823 --> 00:31:41,825
They heard about his brain injury,
747
00:31:41,869 --> 00:31:43,958
heard he couldn't remember anything.
748
00:31:44,001 --> 00:31:46,090
It's kind of perfect.
If you can make it look
749
00:31:46,134 --> 00:31:47,493
like there's never been a signal problem,
750
00:31:47,537 --> 00:31:49,528
you can blame the whole thing on Walter.
751
00:31:49,572 --> 00:31:51,182
Interesting theory.
752
00:31:51,685 --> 00:31:53,184
How are you gonna prove it?
753
00:31:53,209 --> 00:31:54,819
Ask me about the good news.
754
00:31:54,882 --> 00:31:57,058
Oh. You have any good news?
755
00:32:01,022 --> 00:32:04,456
I see no additional names
on the witness list today.
756
00:32:04,500 --> 00:32:07,068
Does that mean the defense
is prepared to rest
757
00:32:07,111 --> 00:32:09,496
and we can commence
with closing arguments?
758
00:32:09,540 --> 00:32:10,766
Actually, Your Honor,
759
00:32:10,810 --> 00:32:13,722
the defense is not
quite ready to rest yet.
760
00:32:13,766 --> 00:32:17,687
In fact, we'd like to recall a witness.
761
00:32:17,730 --> 00:32:19,440
If it pleases the court,
762
00:32:19,484 --> 00:32:21,115
the defense would like to call
763
00:32:21,158 --> 00:32:23,925
Ray Peterman back to the stand.
764
00:32:24,563 --> 00:32:27,305
Mr. Peterman, I've just got
765
00:32:27,349 --> 00:32:29,481
a couple of brief follow-up questions.
766
00:32:29,525 --> 00:32:31,135
Now, uh,
767
00:32:31,179 --> 00:32:32,876
you told the court previously
768
00:32:32,920 --> 00:32:36,749
that there was no evidence
of a mechanical failure
769
00:32:36,793 --> 00:32:39,970
on any of the railroad safety systems.
770
00:32:40,014 --> 00:32:41,972
Do you still believe that to be true?
771
00:32:42,016 --> 00:32:43,147
I do.
772
00:32:43,191 --> 00:32:44,235
Okay. All right.
773
00:32:44,279 --> 00:32:46,324
Oh, and... let me remind the court
774
00:32:46,368 --> 00:32:49,545
that you are certified
as an expert witness.
775
00:32:50,365 --> 00:32:52,193
Now, with that in mind,
776
00:32:52,218 --> 00:32:54,122
let me ask a hypothetical.
777
00:32:55,072 --> 00:32:57,959
Let's say my client, Walter Mora,
778
00:32:58,135 --> 00:33:01,704
is piloting a train late at night,
779
00:33:01,949 --> 00:33:03,762
and there is another train
780
00:33:03,787 --> 00:33:05,746
stopped on the track in front of him.
781
00:33:05,996 --> 00:33:08,903
The weather is bad,
it's really dark outside,
782
00:33:08,928 --> 00:33:11,365
so he really can't see that train.
783
00:33:11,390 --> 00:33:15,220
But the rail signal...
The railroad stop light...
784
00:33:15,327 --> 00:33:18,069
The one he depends on, is green.
785
00:33:18,246 --> 00:33:20,639
And it was supposed to be red
to tell him to stop,
786
00:33:20,664 --> 00:33:22,166
because there was another
train in front of him,
787
00:33:22,191 --> 00:33:23,288
but it doesn't.
788
00:33:23,313 --> 00:33:25,054
It's just a steady green.
789
00:33:25,079 --> 00:33:27,364
Now, could something like that happen?
790
00:33:27,764 --> 00:33:29,157
This is my favorite part.
791
00:33:29,182 --> 00:33:30,575
Coyote first sees the Road Runner
792
00:33:30,600 --> 00:33:32,602
and thinks, "Dinner."
793
00:33:32,627 --> 00:33:33,933
PETERMAN: Honestly,
794
00:33:33,971 --> 00:33:37,322
rail signal malfunctions
are extremely rare.
795
00:33:37,586 --> 00:33:39,916
Got it, got it. Extremely rare.
796
00:33:39,941 --> 00:33:42,553
Now... as I understand it,
797
00:33:42,578 --> 00:33:46,591
the way it works is
the rail signal apparatus
798
00:33:46,863 --> 00:33:50,475
senses when there's a
train up ahead of it,
799
00:33:50,519 --> 00:33:52,973
so it knows to display the red light
800
00:33:53,650 --> 00:33:57,175
and stop the train behind
it from proceeding.
801
00:33:58,483 --> 00:33:59,562
Do I have it right?
802
00:33:59,727 --> 00:34:02,556
Yes. The weight of the train
serves to stop the circuit,
803
00:34:02,581 --> 00:34:04,278
which triggers the red light.
804
00:34:04,420 --> 00:34:06,335
- And the chase begins.
- BENNY: Okay.
805
00:34:06,371 --> 00:34:08,199
So if there was a signal malfunction,
806
00:34:08,224 --> 00:34:11,227
which you already testified
is extremely rare,
807
00:34:11,670 --> 00:34:13,326
the light would just stay green
808
00:34:13,741 --> 00:34:16,482
- instead of turning red, right?
- PETERMAN: Again,
809
00:34:16,507 --> 00:34:20,293
kind of like a snowstorm
in the Mojave Desert, but...
810
00:34:20,318 --> 00:34:22,450
yes, that is what would happen.
811
00:34:22,812 --> 00:34:24,074
BENNY: So Mr. Mora
812
00:34:24,118 --> 00:34:26,424
would be driving the train,
813
00:34:26,468 --> 00:34:28,513
he would see that green light
814
00:34:28,557 --> 00:34:31,428
and believe he was supposed
to keep right on going,
815
00:34:31,453 --> 00:34:34,325
but the signal malfunction
would actually be leading him
816
00:34:34,350 --> 00:34:37,225
to a head-on collision with
another train, wouldn't it?
817
00:34:37,266 --> 00:34:39,398
Objection. Relevance?
818
00:34:39,742 --> 00:34:40,699
Why are we spending
819
00:34:40,724 --> 00:34:42,291
this kind of time with a witness
820
00:34:42,316 --> 00:34:43,289
we've already heard from
821
00:34:43,314 --> 00:34:45,834
to offer an opinion on a hypothetical
822
00:34:45,859 --> 00:34:49,079
when we've tasked this jury
with making a decision
823
00:34:49,104 --> 00:34:50,801
about a very real,
824
00:34:50,944 --> 00:34:52,641
very deadly accident?
825
00:34:52,798 --> 00:34:55,051
And now is when the Road
Runner gets the Coyote
826
00:34:55,076 --> 00:34:56,686
to chase him really fast.
827
00:34:56,711 --> 00:34:58,669
So fast the Coyote doesn't even realize
828
00:34:58,694 --> 00:35:00,174
the Road Runner's
tricked him into running
829
00:35:00,199 --> 00:35:01,940
right off the edge of a cliff.
830
00:35:02,156 --> 00:35:03,200
Beep-beep.
831
00:35:03,331 --> 00:35:05,538
BENNY: I apologize, Your Honor.
832
00:35:06,508 --> 00:35:07,857
He's right.
833
00:35:07,882 --> 00:35:11,625
Forget what I said about
this being a hypothetical.
834
00:35:12,768 --> 00:35:15,031
Let's talk about the real signal,
835
00:35:15,209 --> 00:35:17,515
the one that was supposed to separate
836
00:35:17,693 --> 00:35:20,565
the train my client was piloting
837
00:35:20,609 --> 00:35:22,562
with the one he hit.
838
00:35:22,872 --> 00:35:24,522
Let's talk about that signal.
839
00:35:24,932 --> 00:35:26,934
And, of course,
now the Coyote looks down,
840
00:35:26,959 --> 00:35:29,222
realizes there's nothing
but air beneath him,
841
00:35:29,247 --> 00:35:32,285
and goes falling hundreds
of feet into the canyon below.
842
00:35:32,310 --> 00:35:35,925
That particular signal
was tested by the NTSB
843
00:35:35,950 --> 00:35:38,039
and our own investigators.
844
00:35:38,064 --> 00:35:41,981
To be clear, the signal
that Mr. Mora ignored
845
00:35:42,006 --> 00:35:44,626
- was working properly.
- Yeah, but...
846
00:35:44,651 --> 00:35:46,566
these signals are machines, right?
847
00:35:47,379 --> 00:35:50,639
Uh, they're capable of
failure, aren't they?
848
00:35:50,682 --> 00:35:52,510
I mean, isn't it possible
849
00:35:52,554 --> 00:35:54,094
that the signal could have failed...
850
00:35:54,660 --> 00:35:55,966
intermittently?
851
00:35:56,297 --> 00:35:57,906
Isn't it possible
852
00:35:57,931 --> 00:36:01,630
that the signal could have
malfunctioned this one time
853
00:36:01,655 --> 00:36:05,180
despite working properly
every other time?
854
00:36:05,205 --> 00:36:07,512
I'm not sure I understand the question.
855
00:36:08,135 --> 00:36:09,526
If you're asking
856
00:36:09,563 --> 00:36:11,303
if anything is possible,
857
00:36:11,408 --> 00:36:14,759
well, then yes, of course,
anything is possible.
858
00:36:14,784 --> 00:36:17,874
But if you're asking
if that's what happened here,
859
00:36:18,396 --> 00:36:20,203
let me repeat myself.
860
00:36:20,398 --> 00:36:23,053
According to the NTSB
861
00:36:23,078 --> 00:36:24,645
and our own investigators,
862
00:36:24,670 --> 00:36:27,717
that is not what happened here.
863
00:36:27,742 --> 00:36:29,045
Okay.
864
00:36:29,885 --> 00:36:32,382
Well, then can you explain this to me?
865
00:36:33,153 --> 00:36:34,937
Now, this here...
866
00:36:34,962 --> 00:36:37,195
is a maintenance report
867
00:36:37,220 --> 00:36:39,657
for work ordered after the accident
868
00:36:39,682 --> 00:36:41,727
that we would like to enter into evidence
869
00:36:41,752 --> 00:36:43,852
as defense exhibit A.
870
00:36:44,201 --> 00:36:46,769
Now, do you recognize
871
00:36:46,794 --> 00:36:49,753
this maintenance report, Mr. Peterman?
872
00:36:50,177 --> 00:36:52,179
Sure. It's a routine report.
873
00:36:52,222 --> 00:36:55,113
We put them out whenever repairs
or maintenance need to be done.
874
00:36:55,262 --> 00:36:58,004
Okay. And-and can you
explain to the court
875
00:36:58,029 --> 00:37:00,162
what maintenance was ordered?
876
00:37:01,762 --> 00:37:03,807
[CLEARS THROAT] It says...
877
00:37:03,832 --> 00:37:06,312
that the signal at marker 264
878
00:37:06,337 --> 00:37:08,295
needed to be replaced.
879
00:37:08,320 --> 00:37:09,756
BENNY: And isn't the signal
880
00:37:09,781 --> 00:37:12,230
- at marker 264
- [MOUTHING]
881
00:37:12,255 --> 00:37:14,561
The same signal
that was supposed to separate
882
00:37:14,586 --> 00:37:16,718
the train Walter was driving
883
00:37:16,743 --> 00:37:18,701
from the train he collided with?
884
00:37:18,854 --> 00:37:20,856
[GALLERY MURMURING]
885
00:37:21,645 --> 00:37:23,766
Yes, I believe it was.
886
00:37:25,745 --> 00:37:27,151
BENNY: Mr. Pete man,
887
00:37:27,176 --> 00:37:29,439
if the signal wasn't faulty
888
00:37:29,472 --> 00:37:31,605
then why are you replacing it?
889
00:37:33,749 --> 00:37:35,272
Well...
890
00:37:35,549 --> 00:37:38,508
we aren't just replacing that one signal.
891
00:37:38,533 --> 00:37:41,100
We're replacing all the
signals on that line.
892
00:37:41,125 --> 00:37:43,954
It's... part of a routine
893
00:37:44,468 --> 00:37:45,658
system upgrade.
894
00:37:45,683 --> 00:37:46,771
But...
895
00:37:46,796 --> 00:37:48,841
according to this report,
896
00:37:49,129 --> 00:37:51,586
those signals are only ten months old.
897
00:37:52,527 --> 00:37:55,312
I mean, does your company
routinely replace
898
00:37:55,337 --> 00:37:58,688
entire lines of signals
after only ten months?
899
00:38:01,389 --> 00:38:03,347
Never mind. Never mind.
900
00:38:04,065 --> 00:38:05,457
I have another question.
901
00:38:05,482 --> 00:38:06,875
Uh...
902
00:38:08,369 --> 00:38:11,024
Mr. Peterman, you see this
903
00:38:11,475 --> 00:38:13,483
heavy file folder here?
904
00:38:14,437 --> 00:38:16,486
There's a bunch of work orders in here.
905
00:38:16,790 --> 00:38:18,922
Work orders to replace
906
00:38:18,947 --> 00:38:22,080
the same type of signal on a...
907
00:38:22,264 --> 00:38:23,787
freight line in Missouri,
908
00:38:24,271 --> 00:38:26,037
on a passenger line
909
00:38:26,062 --> 00:38:27,340
just outside of D.C.,
910
00:38:27,365 --> 00:38:30,846
and a line in Canada.
911
00:38:31,266 --> 00:38:32,591
These are all lines
912
00:38:32,616 --> 00:38:35,532
that are owned by your railroad company.
913
00:38:36,206 --> 00:38:37,991
Coincidence?
914
00:38:41,766 --> 00:38:43,488
I'm sorry, Mr. Peterman,
915
00:38:43,533 --> 00:38:44,839
I can't hear you.
916
00:38:45,042 --> 00:38:46,766
I'm gonna need you to speak up.
917
00:38:46,944 --> 00:38:49,894
I wouldn't want this
jury to misunderstand.
918
00:38:50,356 --> 00:38:51,706
No.
919
00:38:52,229 --> 00:38:54,710
I wouldn't want them
to think that you knew
920
00:38:54,735 --> 00:38:57,042
this wreck wasn't Walter Mora's fault.
921
00:38:57,067 --> 00:38:59,028
That you and the railroad you work for
922
00:38:59,273 --> 00:39:02,188
covered up an earlier incident
involving faulty signals.
923
00:39:02,213 --> 00:39:03,255
Objection.
924
00:39:03,305 --> 00:39:04,741
Counsel is testifying.
925
00:39:04,766 --> 00:39:06,594
And by ignoring that earlier incident,
- Your Honor.
926
00:39:06,619 --> 00:39:08,403
You and the railroad you work for
927
00:39:08,428 --> 00:39:11,561
are actually directly
responsible for this disaster.
928
00:39:11,586 --> 00:39:12,630
Or...
929
00:39:12,655 --> 00:39:14,265
that you and the company you work for
930
00:39:14,290 --> 00:39:16,857
are more than willing to send
an innocent man to prison
931
00:39:16,882 --> 00:39:19,624
if it means you'd bear no responsibility
932
00:39:19,649 --> 00:39:21,042
for your mistakes.
933
00:39:21,067 --> 00:39:23,417
I wouldn't want the jury
to jump to that conclusion,
934
00:39:23,448 --> 00:39:24,536
- Objection.
- So speak up.
935
00:39:24,561 --> 00:39:25,562
Objection!
936
00:39:26,898 --> 00:39:27,899
- Objection!
- Quiet.
937
00:39:27,943 --> 00:39:29,851
I need order. Quiet.
938
00:39:34,246 --> 00:39:36,074
Mm. Okay.
939
00:39:36,365 --> 00:39:38,715
I see he doesn't want to discuss it.
940
00:39:38,740 --> 00:39:41,307
Your Honor, a little help, please.
941
00:39:41,332 --> 00:39:43,116
Objection overruled.
942
00:39:43,518 --> 00:39:45,742
The witness will answer the question.
943
00:39:46,401 --> 00:39:48,202
Questions.
944
00:39:51,758 --> 00:39:54,625
I'm afraid I'm going
to have to plead the Fifth.
945
00:39:55,210 --> 00:39:56,298
[GALLERY MURMURING]
946
00:40:16,785 --> 00:40:18,308
[SIGHS]
947
00:40:19,494 --> 00:40:21,322
[GROANS]
948
00:40:21,451 --> 00:40:22,713
Oh.
949
00:40:22,738 --> 00:40:25,001
[CHUCKLES]
950
00:40:25,026 --> 00:40:28,900
What a great concept, Bull.
951
00:40:29,299 --> 00:40:31,040
What a great idea.
952
00:40:31,065 --> 00:40:33,589
A-A victory dinner.
953
00:40:33,614 --> 00:40:35,898
We should do that after
every case we win.
954
00:40:35,923 --> 00:40:38,099
Yeah. But in order to be a dinner,
955
00:40:38,124 --> 00:40:39,255
you have to...
956
00:40:39,395 --> 00:40:41,179
actually eat something.
957
00:40:41,204 --> 00:40:42,640
Mm-hmm.
958
00:40:42,665 --> 00:40:44,667
Damn, I knew we forgot something.
959
00:40:44,692 --> 00:40:47,129
- Well, next time.
- [GRUNTS]
960
00:40:47,255 --> 00:40:49,347
Here's a little something for you.
961
00:40:49,711 --> 00:40:51,277
- From me.
- What?
962
00:40:51,501 --> 00:40:53,155
- Yeah.
- Oh...
963
00:40:53,180 --> 00:40:55,008
I have never...
964
00:40:55,033 --> 00:40:57,905
received a gift after winning
a case, Bull. Thank you.
965
00:40:57,930 --> 00:41:00,889
- No, that's not what it's for.
- Go ahead, open it.
966
00:41:00,914 --> 00:41:02,611
Wha...
967
00:41:05,642 --> 00:41:07,209
[CHUCKLES]
968
00:41:07,492 --> 00:41:09,492
I don't get it. What is it?
969
00:41:09,998 --> 00:41:13,566
How are you gonna be a godfather
without watching The Godfather?
970
00:41:15,599 --> 00:41:18,584
Uh, g... godfather?
971
00:41:21,318 --> 00:41:23,973
You want me to be Astrid's godfather?
972
00:41:23,998 --> 00:41:25,477
Yes, I do.
973
00:41:25,502 --> 00:41:26,982
And so does Izzy.
974
00:41:27,007 --> 00:41:28,966
And... maybe it's the liquor talking,
975
00:41:28,991 --> 00:41:31,124
but I'm pretty sure I heard Astrid say
976
00:41:31,149 --> 00:41:32,890
that she wanted you, too.
977
00:41:34,631 --> 00:41:36,329
Wow.
978
00:41:36,354 --> 00:41:39,314
I could not be more honored, Bull.
979
00:41:39,576 --> 00:41:41,665
- Thank you.
- Eh.
980
00:41:41,690 --> 00:41:44,170
Thank you. This is...
981
00:41:44,246 --> 00:41:47,510
[IMITATES MARLON BRANDO]: You
made me an offer I can't refuse.
982
00:41:47,535 --> 00:41:48,927
Please don't do that.
983
00:41:48,952 --> 00:41:51,520
[IMITATES AL PACINO]:
Just when I thought I was out,
984
00:41:51,545 --> 00:41:53,547
you pull me right back in.
985
00:41:53,572 --> 00:41:55,072
No, no, no, you're not even
doing the same charac...
986
00:41:55,097 --> 00:41:57,415
Attica! Attica!
987
00:41:57,440 --> 00:41:59,050
- Pull over.
- I'm gonna take an Uber.
988
00:41:59,075 --> 00:42:01,034
[IMITATES ROBERT DE NIRO]:
Hey. You talkin' to me?
989
00:42:01,059 --> 00:42:02,321
MAN: What?
990
00:42:02,346 --> 00:42:03,478
You talkin' to me?
991
00:42:03,503 --> 00:42:06,607
Well... I'm the only one here. Right?
70130
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