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MAN (OVER EARBUDS): ...on the
court tell a different story.
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You're listening to Strictly Legal Talk,
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a professional legal podcast.
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_
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(KNOCKING)
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MAN: Excuse me, Judge Duggan?
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Tony. Come in.
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Listen, I know you're new,
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but everyone around
here calls me Madison.
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Yes, ma'am.
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I didn't mean to disturb you,
but the jury's in the box.
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(GAVEL BANGS)
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Please introduce yourself to Her Honor
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and the members of the jury.
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My name is Debra Jansen,
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and I'm a registered nurse.
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Did you and the defendant,
Dr. Stanley Ferris,
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perform an assisted suicide?
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Yes. We did.
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And could you please
describe the circumstances?
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The patient was a 72-year-old male.
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He was suffering
from diabetes and heart disease.
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Didn't have long to live, but obviously,
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in a tremendous amount of pain
and discomfort.
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(DOOR OPENS)
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We went to his home.
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I administered four
milligrams of ondansetron.
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It's a tablet.
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We give it to prevent nausea,
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vomiting.
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Once he'd gotten that down,
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Dr. Ferris mixed ten grams
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of secobarbital with apple juice.
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About 30 minutes later,
the patient stopped breathing.
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Thank you. I have nothing
further, Your Honor.
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Any questions from the defense?
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MALLOY: Let me ask you a question,
Ms. Jansen.
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The deceased was suffering, wasn't he?
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Very much so. Yes.
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And he asked to be euthanized, didn't he?
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Yes. Of course.
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Now the reason you're here today,
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the reason we're all here today
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is that the A.D.A. cut you
a deal in exchange for
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your testimony, isn't that right?
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She promised not to prosecute me
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for being a part of it if I testified.
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- Yes.
- Thank you.
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I have nothing further.
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DUGGAN: Okay. Let's take a brief recess.
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Ms. Boyd, I'd like to see you
and the witness in my chambers.
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I noticed there are federal
agents in the gallery.
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Ms. Boyd,
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when you promised
not to prosecute Ms. Jansen,
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did you reach out
to your federal counterparts
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and make sure the promise
would bind the United States
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Attorney's Office, as well?
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No, Your Honor.
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So you made a deal with this witness,
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but you didn't get the Feds
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to sign off on it?
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Those FBI agents grab you,
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you are looking at ten years.
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Ten years?
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So, wait. They're-they're here
to arrest me?
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I never would have agreed
to testify if I had known
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that could happen.
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You made a critical error.
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You should have dialed in the Feds
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before you promised her immunity.
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Okay. Wait a second.
Let's figure this out.
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Maybe if you could let her stay in here,
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she could call her lawyer?
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All of us together...
we can work this out.
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You're not going to work anything out.
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They are here to do a job,
and they're gonna do it.
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The second she walks
back into that courtroom,
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they are gonna take her into custody,
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whether she's called a lawyer or not.
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Oh, my God.
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I have kids. I...
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Why don't you return to the courtroom?
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Give us a moment.
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(DOOR OPENS, CLOSES)
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COURT OFFICER: All rise!
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Oh, no, no, stop. Sorry for
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the delay, everyone.
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Agents, can you please take your seats?
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I'd like to resume trial.
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Of course. We'll leave in just a second,
but we need to speak
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to the witness who just testified.
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- The nurse.
- I think you may have just missed her.
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Missed her?
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I believe she had another matter
to attend to.
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Your Honor, let me be clear.
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We came here to arrest her.
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I don't know what to tell you.
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You understand what this looks like?
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You called Ms. Jansen
into your chambers immediately
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after she confesses
to illegal drug distribution.
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Now she's gone?
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Again... I don't know what to tell you.
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If you feel you have lawful authority
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to arrest someone, then you should do so.
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You just need to do it in a way
that doesn't intimidate witnesses,
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or cause a disruption in my courtroom.
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Understood?
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Oh, I completely understand, Your Honor.
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But do you understand
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that in intentionally allowing
Ms. Jansen to evade arrest,
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you just committed a federal crime?
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(GALLERY MURMURING)
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Need you to step down from the bench
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and put your hands behind your back.
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And I need you to leave my courtroom.
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I have a trial to attend to.
Court officer?
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Seriously?
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I'm asking you one last time.
Step off the bench.
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Judge Duggan, you're being charged
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with obstruction of justice and
aiding and abetting an escape.
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- You have the right to remain silent...
- Save your breath.
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I know the song. I can
recite the lyrics by heart.
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Anything you say can
and will be used against you
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in a court of law.
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You have the right to an attorney.
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If you cannot afford an attorney,
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one will be provided for you.
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MARISSA: Wow.
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A judge with half a
million Twitter followers.
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CHUNK: Well,
I'm guessing she's a bleeding heart?
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The kind that sends defendants
home with a slap on the wrist?
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Well, that is not exactly the
way that I would describe her.
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A defendant was convicted
of a drunk driving hit-and-run.
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She ordered him to spend a week
living at the morgue.
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Eating, sleeping.
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All of it, surrounded
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by lifeless, mangled victims
of car accidents.
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A week at the morgue?
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I think I'd rather go to prison.
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She sentenced another defendant,
a slumlord,
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to live in one
of his rat-infested properties
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for six months.
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Oh. So she's one of those.
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And apparently, it is effective.
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Judge Duggan's defendants
have the lowest recidivism rates
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in the city... an average of 17%.
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Sounds like there's a method
to her madness.
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- (PHONE CHIMES, VIBRATES)
- Oh.
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That's her. She's in the lobby.
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DUGGAN: I appreciate you
seeing me on such short notice.
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I know you're both very busy.
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Happy to be of help.
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DUGGAN: First,
I know what people are saying about me.
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They think I have some sort of agenda,
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both political and personal.
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Well, you were elected to the bench.
People assume
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you have your sights set
on bigger and better things.
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BENNY: The prosecutor
is alleging you used
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your platform as a judge
to raise your profile,
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make a political statement.
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The prosecutor's wrong.
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This isn't about self-promotion
or assisted suicide.
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In fact, I don't even have
an opinion on assisted suicide.
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Then, why'd you do it?
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You, of all people, know
the jeopardy you're facing.
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Could cost you 25 years in prison,
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your seat on the bench,
your license to practice.
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I know it's gonna sound like
something from a bumper sticker,
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but... I did it to protect
the sanctity of the courtroom,
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the sovereignty of judges,
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the-the business of providing justice.
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BENNY: Forgive me, but
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I'm not sure I follow.
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I'm responsible for what happens
in my courtroom.
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I can't have people who would
otherwise testify worry
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that if they do, some other
arm of law is gonna be
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waiting for them in the lobby
because they owe back taxes,
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or they have
an outstanding parking ticket,
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or who knows what.
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BENNY: So you let her
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exit through the judge's lobby
to the private elevator,
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and slip out the back door
of the courthouse?
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I gave her time
to consult with an attorney,
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so she could arrange to turn
herself in and avoid arrest.
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And did she?
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I don't know.
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I'm worried she fled.
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But that's not the point.
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And what is?
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Court has to be a safe space,
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a sacred space.
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Otherwise, no one will participate.
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Criminals will walk free,
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the crime rate will rise.
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So will you help me?
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Will you represent me?
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Please?
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Well, when you put it like that.
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Synced & corrected by -robtor-
www.addic7ed.com
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- (BANGS GAVEL)
- Good morning.
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I understand the defense
has filed a motion to dismiss.
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That is correct, Your Honor.
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Hmm. I'll hear you.
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Although, I confess,
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my clerk has already informed me
of your position.
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Apparently, your client was
twittering about it all morning.
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(GALLERY MURMURING)
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Apparently, she's...
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quite the media sensation.
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It's tweeting, not twittering.
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Argue your motion, Mr. Colón.
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Of course, Your Honor. (SIGHS)
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It is the defendant's contention
that pursuant to Rule 12
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of the Federal Rules
of Criminal Procedure
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that the indictment must be dismissed.
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My client is being criminally prosecuted
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for doing exactly
what she was sworn to do...
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exercise judicial discretion,
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00:09:07,081 --> 00:09:09,760
protect the integrity
of her courtroom, and
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- ensure that justice is served.
- OLSEN: Does that mean
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you stipulate that your client
allowed someone to evade arrest?
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00:09:15,541 --> 00:09:17,201
- He's admitting his client did it.
- I am admitting
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nothing of the kind.
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She allowed a witness to seek counsel.
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Mr. Olsen, does the
United States have a response?
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00:09:24,931 --> 00:09:27,744
It's our position that Ms. Duggan...
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Excuse me. It's Judge Duggan.
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- The woman is still a judge.
- I don't care what they call me.
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That's not the point.
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We need to set a certain tone.
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Ms. Duggan is under suspension.
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Judge Duggan is on administrative leave
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until the case is resolved.
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And she should be given
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- the respect that she deserves.
- (GAVEL BANGS)
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00:09:45,987 --> 00:09:47,397
Gentlemen...
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since neither of you has
appeared in my courtroom before,
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let me set a few ground rules for you.
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I run a tight ship.
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No one speaks out of turn,
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and if I want you to elaborate on
anything, I will let you know.
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Got it?
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00:10:00,201 --> 00:10:01,912
Of course, Your Honor. Yes, Your Honor.
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00:10:03,071 --> 00:10:04,625
Continue please, Mr. Olsen.
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00:10:04,649 --> 00:10:08,128
The defendant's decision to
ignore a federal arrest warrant
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00:10:08,152 --> 00:10:10,531
appears to have been a publicity stunt
247
00:10:10,555 --> 00:10:13,066
orchestrated by a media-savvy jurist,
248
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hoping to eventually
seek higher elected office.
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00:10:15,723 --> 00:10:19,473
We simply cannot allow
obstructing the work
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00:10:19,497 --> 00:10:22,142
of federal law enforcement
to be taken lightly.
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The defendant must be held
accountable for her actions.
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I must say, I agree with the prosecution.
253
00:10:29,279 --> 00:10:33,020
I'm not going to endorse
a rogue judge's behavior.
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00:10:33,450 --> 00:10:36,457
The defendant's motion
to dismiss is denied.
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Case will be decided by a jury.
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00:10:39,330 --> 00:10:41,628
Clearly, this is gonna
be an uphill battle.
257
00:10:41,652 --> 00:10:43,464
One more thing.
258
00:10:43,835 --> 00:10:45,466
Yes, Your Honor?
259
00:10:45,490 --> 00:10:47,012
I'm issuing a gag order.
260
00:10:47,036 --> 00:10:50,103
Respectfully, I don't believe
that's necessary, Your Honor.
261
00:10:50,127 --> 00:10:53,073
Objection noted and overruled.
262
00:10:53,097 --> 00:10:56,300
There will be no twittering
or Facebooking
263
00:10:56,324 --> 00:10:57,744
or any other form of commentary
264
00:10:57,768 --> 00:11:00,147
during the pendency of this case.
265
00:11:00,171 --> 00:11:01,782
Have I made myself clear?
266
00:11:01,806 --> 00:11:03,480
Yes, Your Honor.
267
00:11:05,843 --> 00:11:07,855
(SIGHS HEAVILY) Sorry, Bull.
268
00:11:07,879 --> 00:11:11,558
Try as I might, I just
could not make it go away.
269
00:11:11,582 --> 00:11:14,661
(SIGHS) Don't beat yourself up too much.
270
00:11:15,158 --> 00:11:16,997
I realize now there was no way on earth
271
00:11:17,021 --> 00:11:19,399
that judge was gonna let
our judge off without a trial.
272
00:11:19,423 --> 00:11:20,788
Hmm.
273
00:11:21,219 --> 00:11:22,999
Have you read about our client?
274
00:11:23,828 --> 00:11:26,085
She sure does get some press.
275
00:11:27,003 --> 00:11:29,142
She had this one case once,
a residential burglary.
276
00:11:29,166 --> 00:11:31,578
Victim was juggling two jobs at once.
277
00:11:31,602 --> 00:11:34,648
Husband was dying,
and she's caring for him.
278
00:11:34,672 --> 00:11:36,917
It's a huge burden
for her to get to the court
279
00:11:36,941 --> 00:11:38,485
during normal hours.
280
00:11:38,509 --> 00:11:42,519
So Judge Duggan decided she
was gonna hold court at night.
281
00:11:42,980 --> 00:11:46,360
Every component of the system complained.
282
00:11:46,689 --> 00:11:48,595
Courthouse didn't want
to keep the lights on.
283
00:11:49,067 --> 00:11:50,931
The jail didn't want
to transport the prisoner
284
00:11:50,955 --> 00:11:52,099
after hours.
285
00:11:52,123 --> 00:11:55,602
But our client dug in and made it happen.
286
00:11:55,626 --> 00:11:56,837
That's nice.
287
00:11:56,861 --> 00:11:58,505
I think it's more than nice.
288
00:11:58,529 --> 00:12:00,007
I think it's indicative of someone
289
00:12:00,031 --> 00:12:02,409
who's committed to the idea
that justice should exist
290
00:12:02,433 --> 00:12:04,611
for everyone; it shouldn't be compromised
291
00:12:04,635 --> 00:12:07,281
because it might be
inconvenient for the system.
292
00:12:07,794 --> 00:12:08,815
I think she
293
00:12:08,839 --> 00:12:10,717
genuinely believes in these things.
294
00:12:10,741 --> 00:12:13,320
I believe she honestly thought
that the nurse's reward
295
00:12:13,344 --> 00:12:16,290
for being willing to testify
shouldn't be getting arrested
296
00:12:16,314 --> 00:12:18,158
by another agency.
297
00:12:18,182 --> 00:12:20,627
So, how do you want to play this?
298
00:12:20,651 --> 00:12:22,729
Who would be on your ideal jury?
299
00:12:22,753 --> 00:12:24,464
Well, here's an abstract idea.
300
00:12:24,488 --> 00:12:26,867
Sometimes you have to skirt the law
301
00:12:26,891 --> 00:12:28,983
in order to maintain its integrity.
302
00:12:29,007 --> 00:12:31,538
- You've got that right.
- Our client...
303
00:12:31,562 --> 00:12:33,607
(SIGHS): Judge Duggan...
304
00:12:34,028 --> 00:12:35,976
she's guided by the spirit of the law
305
00:12:36,000 --> 00:12:37,210
rather than the letter of it.
306
00:12:37,234 --> 00:12:40,147
So we want people
who can see the big picture.
307
00:12:40,171 --> 00:12:42,282
Exactly. We need to deselect
narrow-minded thinkers
308
00:12:42,306 --> 00:12:45,218
and embrace people who are
at least willing to explore
309
00:12:45,242 --> 00:12:47,754
the possibility that,
while at first glance
310
00:12:47,778 --> 00:12:50,390
something may appear
precise and definite,
311
00:12:50,795 --> 00:12:53,060
it may be open to interpretation,
312
00:12:53,084 --> 00:12:54,928
have a deeper meaning.
313
00:12:54,952 --> 00:12:56,096
Good morning.
314
00:12:56,120 --> 00:12:58,231
So, let me ask you a question.
315
00:12:58,255 --> 00:13:00,834
If I say "Statue of Liberty,"
316
00:13:00,858 --> 00:13:02,636
what does that make you think of?
317
00:13:02,660 --> 00:13:03,837
I don't know.
318
00:13:03,861 --> 00:13:05,072
Liberty?
319
00:13:05,096 --> 00:13:06,239
Freedom?
320
00:13:06,263 --> 00:13:07,641
(QUIETLY): I don't know.
321
00:13:07,665 --> 00:13:09,676
That answer could cut either way.
322
00:13:09,700 --> 00:13:12,913
Could be viewed
as either literal or abstract.
323
00:13:12,937 --> 00:13:14,801
Or, really, just obvious.
324
00:13:14,825 --> 00:13:18,095
Kelly Wallace. 61 years old.
Teaches physics
325
00:13:18,119 --> 00:13:19,653
at Columbia University.
326
00:13:19,677 --> 00:13:23,190
Well, physicists are
analytical but also very creative.
327
00:13:23,214 --> 00:13:25,525
Physics itself is practical
328
00:13:25,549 --> 00:13:28,551
but can also be very... theoretical.
329
00:13:29,553 --> 00:13:30,687
(MUMBLES)
330
00:13:31,656 --> 00:13:32,799
Okay.
331
00:13:32,823 --> 00:13:34,167
Liberty, freedom.
332
00:13:34,191 --> 00:13:35,535
Anything else?
333
00:13:35,559 --> 00:13:37,270
Hope.
334
00:13:37,294 --> 00:13:38,605
Ah, hope.
335
00:13:38,629 --> 00:13:41,108
Now, there's the abstract
thinker we're looking for.
336
00:13:41,132 --> 00:13:42,109
Your Honor,
337
00:13:42,133 --> 00:13:44,978
this juror is acceptable to the defense.
338
00:13:45,002 --> 00:13:47,547
So, miss, let me ask you a question.
339
00:13:47,571 --> 00:13:50,117
Now, this case makes reference
to assisted suicide,
340
00:13:50,141 --> 00:13:52,386
and I'm reading
on your questionnaire here
341
00:13:52,410 --> 00:13:54,054
that you are a nun.
342
00:13:54,747 --> 00:13:57,257
Do you think that you can
be fair and impartial?
343
00:13:57,281 --> 00:13:58,725
Well...
344
00:13:58,749 --> 00:14:00,694
suicide is a mortal sin.
345
00:14:00,718 --> 00:14:02,796
It's an act against the will of God.
346
00:14:03,117 --> 00:14:05,265
I'm not sure what else I can tell you.
347
00:14:05,289 --> 00:14:07,034
Thank you for your candor.
348
00:14:07,058 --> 00:14:08,502
Your Honor, we move
349
00:14:08,526 --> 00:14:10,804
to exclude this juror for cause.
350
00:14:11,250 --> 00:14:12,710
Request is denied.
351
00:14:13,831 --> 00:14:15,609
- Excuse me?
- Request is denied.
352
00:14:15,633 --> 00:14:16,855
There is no cause.
353
00:14:16,879 --> 00:14:18,478
That's absurd.
354
00:14:18,502 --> 00:14:19,913
This witness just answered
355
00:14:19,937 --> 00:14:22,215
she considers suicide...
any kind of suicide...
356
00:14:22,239 --> 00:14:23,483
a mortal sin.
357
00:14:23,507 --> 00:14:25,018
I'd advise you to sit down.
358
00:14:25,042 --> 00:14:27,102
Counsel, want to take control
of your client?
359
00:14:27,126 --> 00:14:28,755
What more cause do you need?
360
00:14:28,779 --> 00:14:30,358
Take your seat. Let Benny do his job.
361
00:14:30,382 --> 00:14:33,593
But this case isn't
about suicide, it's about you.
362
00:14:33,617 --> 00:14:36,247
Letting someone out the back
door to avoid being arrested.
363
00:14:36,271 --> 00:14:38,932
That someone who just assisted
in an act of suicide.
364
00:14:38,956 --> 00:14:40,867
How can you not see
the prejudicial effect
365
00:14:40,891 --> 00:14:42,479
that that might have on this juror?
366
00:14:42,503 --> 00:14:44,438
- Did you not hear me?
- Of course I did.
367
00:14:44,462 --> 00:14:46,273
The questions is, did you hear me?
368
00:14:46,297 --> 00:14:47,374
Please let us handle this.
369
00:14:47,398 --> 00:14:48,764
This is my final warning.
370
00:14:48,788 --> 00:14:50,210
Take your seat.
371
00:14:50,234 --> 00:14:53,647
Your lawyer may exercise one
of his six preemptory challenges
372
00:14:53,671 --> 00:14:55,235
on this jury if he so chooses.
373
00:14:55,259 --> 00:14:57,426
That's not the point.
We shouldn't have to use
374
00:14:57,450 --> 00:14:59,119
one of our six preemptory challenges
375
00:14:59,143 --> 00:15:00,887
when this juror is clearly biased.
376
00:15:00,911 --> 00:15:03,023
This is the last time I'm gonna say it.
377
00:15:03,047 --> 00:15:05,726
Take your seat and shut your mouth.
378
00:15:05,750 --> 00:15:07,494
(GALLERY MURMURING)
379
00:15:07,518 --> 00:15:08,595
Fine.
380
00:15:08,619 --> 00:15:09,707
(GRUNTS QUIETLY)
381
00:15:09,732 --> 00:15:11,164
I will take my seat
382
00:15:11,188 --> 00:15:14,299
and I will shut my mouth,
but I promise you,
383
00:15:14,323 --> 00:15:16,136
tomorrow morning I am filing charges
384
00:15:16,160 --> 00:15:17,971
with the Judicial Board of Review,
385
00:15:17,995 --> 00:15:20,090
and citing your...
your infantile behavior
386
00:15:20,127 --> 00:15:21,814
and your willful disregard
387
00:15:21,838 --> 00:15:22,880
for my rights!
388
00:15:22,904 --> 00:15:24,311
You were warned.
389
00:15:24,335 --> 00:15:26,847
I'm finding you in contempt of court.
390
00:15:26,871 --> 00:15:30,173
(PANTING):
Marshal, take her into custody.
391
00:15:34,211 --> 00:15:35,712
(HANDCUFFS CLICKING)
392
00:15:52,132 --> 00:15:54,132
♪ ♪
393
00:16:07,792 --> 00:16:10,204
Thank you for bailing me out.
394
00:16:10,912 --> 00:16:13,040
I know I should have
exercised better judgment
395
00:16:13,064 --> 00:16:15,042
with regards to my behavior,
396
00:16:15,066 --> 00:16:17,044
but I hope you can both appreciate
397
00:16:17,068 --> 00:16:19,113
that I am right on the issues,
398
00:16:19,137 --> 00:16:20,948
on the principles involved.
399
00:16:20,972 --> 00:16:22,149
I want desperately to believe
400
00:16:22,173 --> 00:16:23,651
that you're not really that naive.
401
00:16:23,675 --> 00:16:25,453
Huh, wow, Dr. Bull.
402
00:16:25,477 --> 00:16:27,288
Tell me what you really think.
403
00:16:27,312 --> 00:16:29,156
Do you realize what you've done?
404
00:16:29,180 --> 00:16:31,492
The self-inflicted damage
that you've caused
405
00:16:31,516 --> 00:16:32,960
by pulling that stunt?
406
00:16:32,984 --> 00:16:34,629
You want to go to prison?
407
00:16:34,653 --> 00:16:36,063
No. Of course not.
408
00:16:36,087 --> 00:16:38,430
You have to understand
it didn't help your cause
409
00:16:38,454 --> 00:16:40,935
for the jury to see you
ushered out of the courtroom
410
00:16:40,959 --> 00:16:42,870
in handcuffs like that.
411
00:16:42,894 --> 00:16:45,729
That alone is a huge setback for us.
412
00:16:46,831 --> 00:16:49,377
I don't disagree. But they also saw
413
00:16:49,401 --> 00:16:52,113
a person stand up for herself
and really...
414
00:16:52,137 --> 00:16:53,481
Oh, come on. Look,
415
00:16:53,505 --> 00:16:55,449
I respect that you're a person
of principle.
416
00:16:55,473 --> 00:16:57,118
That's why I took you on as a client.
417
00:16:57,142 --> 00:16:58,986
But... (SIGHS)
418
00:16:59,010 --> 00:17:01,355
You completely destroyed
our narrative in there.
419
00:17:01,379 --> 00:17:03,024
We are trying to convince the jury
420
00:17:03,048 --> 00:17:05,726
that you let a woman
escape federal custody
421
00:17:05,750 --> 00:17:08,165
because you believe in the sanctity
422
00:17:08,189 --> 00:17:09,165
of the courtroom.
423
00:17:09,189 --> 00:17:11,666
Well, insulting a federal judge
424
00:17:11,690 --> 00:17:12,800
doesn't exactly demonstrate
425
00:17:12,824 --> 00:17:14,809
a belief in the sanctity
of the courtroom.
426
00:17:16,352 --> 00:17:17,937
You get that, right?
427
00:17:20,732 --> 00:17:21,983
This is me.
428
00:17:22,867 --> 00:17:24,845
(EXHALES)
429
00:17:25,152 --> 00:17:26,313
Okay.
430
00:17:26,337 --> 00:17:28,208
Tomorrow, let's try something different.
431
00:17:28,232 --> 00:17:30,451
You play the part of the defendant,
432
00:17:30,475 --> 00:17:31,886
we'll play the part of your legal team,
433
00:17:31,910 --> 00:17:34,121
and we'll let the judge be the judge.
434
00:17:34,145 --> 00:17:35,890
What do you say?
435
00:17:36,622 --> 00:17:38,916
I'll certainly try my best.
436
00:17:40,652 --> 00:17:41,648
(CAR DOOR OPENS)
437
00:17:41,673 --> 00:17:42,963
That would be appreciated.
438
00:17:42,987 --> 00:17:44,165
(DOOR CLOSES)
439
00:17:44,189 --> 00:17:46,008
OLSEN: Agent Mercier,
440
00:17:46,032 --> 00:17:48,235
could you describe what
happened when you went
441
00:17:48,259 --> 00:17:50,004
into the defendant's courtroom to effect
442
00:17:50,028 --> 00:17:52,139
- a lawful arrest?
- MERCIER: Well, the defendant
443
00:17:52,163 --> 00:17:54,775
came out of her chambers
and essentially admitted
444
00:17:54,799 --> 00:17:57,211
that she purposely aided
in the nurse's escape.
445
00:17:57,235 --> 00:17:58,879
Wow.
446
00:17:58,903 --> 00:18:00,810
And what were the repercussions of that?
447
00:18:00,834 --> 00:18:03,684
Well, the most significant
was we lost our suspect.
448
00:18:04,066 --> 00:18:05,668
The nurse, Ms. Jansen.
449
00:18:05,692 --> 00:18:07,408
And do we have any idea
where she is right now?
450
00:18:07,432 --> 00:18:09,824
We're not certain, but we
believe she fled to Canada.
451
00:18:09,848 --> 00:18:13,861
And I assume the Bureau has
made attempts to locate her?
452
00:18:13,885 --> 00:18:15,161
Several.
453
00:18:15,520 --> 00:18:16,996
I have nothing further.
454
00:18:18,497 --> 00:18:19,934
How red is it?
455
00:18:20,098 --> 00:18:23,367
It is as red as red can be.
456
00:18:25,588 --> 00:18:26,940
BENNY: Agent Mercier,
457
00:18:26,964 --> 00:18:29,210
thank you for testifying here today.
458
00:18:29,234 --> 00:18:30,878
Now...
459
00:18:31,260 --> 00:18:33,547
would it be fair to say that you,
460
00:18:33,571 --> 00:18:35,883
a federal agent,
461
00:18:35,907 --> 00:18:37,551
entered my client's courtroom,
462
00:18:37,575 --> 00:18:39,553
a New York State courtroom,
463
00:18:39,577 --> 00:18:42,223
for the sole purpose
of arresting a witness?
464
00:18:42,247 --> 00:18:44,825
Yes. We've made no secret
about that fact.
465
00:18:44,849 --> 00:18:47,428
That's precisely what
we were there to do.
466
00:18:47,452 --> 00:18:49,764
And you don't think
there's anything amiss in that?
467
00:18:49,788 --> 00:18:52,199
Course not. As you well know,
468
00:18:52,223 --> 00:18:55,169
assisting in an act of suicide
is a federal crime.
469
00:18:55,193 --> 00:18:58,038
Once we heard that the nurse
was going to testify,
470
00:18:58,062 --> 00:19:00,374
once we realized that she was
probably going to confess
471
00:19:00,398 --> 00:19:03,010
on the stand, we felt we had no choice
472
00:19:03,034 --> 00:19:04,900
but to be there
and take her into custody.
473
00:19:04,924 --> 00:19:07,448
Really? Agent Mercier, are you familiar
474
00:19:07,472 --> 00:19:10,451
with the Tenth Amendment
to the Constitution?
475
00:19:11,133 --> 00:19:14,221
"The powers" not delegated
to the United States
476
00:19:14,245 --> 00:19:15,689
"by the Constitution,
477
00:19:15,713 --> 00:19:18,359
"nor prohibited by it to the States,
478
00:19:18,383 --> 00:19:21,796
"are reserved to the States respectively,
479
00:19:22,019 --> 00:19:23,521
or to the people."
480
00:19:24,495 --> 00:19:26,496
You know what that means?
481
00:19:29,260 --> 00:19:33,607
Well, it means
that federal law enforcement
482
00:19:34,073 --> 00:19:37,144
are not allowed to recklessly interfere
483
00:19:37,168 --> 00:19:39,094
with the functions of state court.
484
00:19:39,118 --> 00:19:42,283
Objection. Agent Mercier isn't on trial.
485
00:19:42,307 --> 00:19:43,851
And it isn't Mr. Colón's job
486
00:19:43,875 --> 00:19:45,443
to lecture us on the Constitution.
487
00:19:45,467 --> 00:19:48,098
I was getting to the question,
Your Honor.
488
00:19:48,122 --> 00:19:50,681
- Then ask it, please.
- BENNY: Yes, sir.
489
00:19:52,016 --> 00:19:57,464
Now, you are a federal law
enforcement agent, sir.
490
00:19:57,488 --> 00:19:59,333
Sworn to uphold the Constitution.
491
00:19:59,357 --> 00:20:01,769
Now, wouldn't you agree
that state court judges
492
00:20:01,793 --> 00:20:04,238
have a solemn duty to protect witnesses
493
00:20:04,262 --> 00:20:06,140
and victims in their courtrooms?
494
00:20:06,164 --> 00:20:09,250
A duty guaranteed by the Tenth Amendment?
495
00:20:09,274 --> 00:20:11,345
Well, I'm not
a constitutional scholar, sir,
496
00:20:11,369 --> 00:20:13,788
but yes, that sounds about right.
497
00:20:13,812 --> 00:20:16,350
And would it surprise you
to know that the trial
498
00:20:16,374 --> 00:20:19,587
that you interrupted
was declared a mistrial
499
00:20:19,611 --> 00:20:21,856
and cost the taxpayers a lot of money?
500
00:20:21,880 --> 00:20:23,490
No, I didn't know that.
501
00:20:23,514 --> 00:20:26,293
Sounds to me like you're the one
who violated the law
502
00:20:26,317 --> 00:20:28,397
and obstructed justice.
503
00:20:28,421 --> 00:20:31,365
Maybe you're the one who should
be sitting at the defense table,
504
00:20:31,389 --> 00:20:33,400
and Judge Duggan should be
the key witness against you.
505
00:20:33,424 --> 00:20:35,135
Not the other way around.
506
00:20:35,159 --> 00:20:36,485
No further questions, Your Honor.
507
00:20:36,509 --> 00:20:37,794
(GALLERY MURMURING)
508
00:20:39,889 --> 00:20:41,375
Thank you, Mr. Colón.
509
00:20:41,399 --> 00:20:42,877
Nice job, sir.
510
00:20:42,901 --> 00:20:45,112
(SIGHS) All part of the service.
511
00:20:45,136 --> 00:20:46,814
HOLLINGSWORTH:
Well, this seems good a place
512
00:20:46,838 --> 00:20:49,216
as any to stop for lunch, so...
513
00:20:49,240 --> 00:20:51,400
court will resume in an hour.
514
00:20:52,243 --> 00:20:54,311
All right.
515
00:21:00,018 --> 00:21:02,730
It's, uh, an updated witness list.
516
00:21:02,754 --> 00:21:04,531
Debra Jansen? The nurse?
517
00:21:04,555 --> 00:21:05,933
They found her?
518
00:21:05,957 --> 00:21:09,336
I'm sensing this is not good
for the home team.
519
00:21:09,627 --> 00:21:10,838
OLSEN: Nurse Jansen,
520
00:21:11,170 --> 00:21:13,841
please tell us how you came
to be a fugitive from justice.
521
00:21:13,865 --> 00:21:17,067
Well, I was in Judge Duggan's courtroom
522
00:21:17,091 --> 00:21:18,212
testifying,
523
00:21:18,236 --> 00:21:21,415
and I guess these two FBI agents came in.
524
00:21:21,439 --> 00:21:23,951
I didn't really notice at the time.
525
00:21:23,975 --> 00:21:26,053
But when I was done testifying,
526
00:21:26,077 --> 00:21:28,088
the judge had me come back to her office.
527
00:21:28,479 --> 00:21:30,357
That's when she told me
she was pretty sure
528
00:21:30,381 --> 00:21:32,358
they were there to arrest me.
529
00:21:32,984 --> 00:21:36,030
Anyway, I asked the judge. (EXHALES)
530
00:21:36,054 --> 00:21:37,631
I told her I wanted to call a lawyer,
531
00:21:37,655 --> 00:21:38,632
get some help.
532
00:21:38,656 --> 00:21:39,867
And did you do that?
533
00:21:39,891 --> 00:21:41,869
The judge wouldn't let me.
534
00:21:41,893 --> 00:21:43,938
She said there was no time
for phone calls.
535
00:21:43,962 --> 00:21:47,041
So it was the defendant's idea
536
00:21:47,065 --> 00:21:48,749
for you to flee?
537
00:21:49,567 --> 00:21:50,878
Yes.
538
00:21:50,902 --> 00:21:53,881
She told me I should just run,
539
00:21:53,905 --> 00:21:56,799
as far as I could, as fast as I could.
540
00:21:57,241 --> 00:21:58,619
(GALLERY MURMURING)
541
00:21:58,643 --> 00:22:00,154
That is not what happened.
542
00:22:00,178 --> 00:22:01,155
Lower your voice.
543
00:22:01,179 --> 00:22:02,222
OLSEN: So,
544
00:22:02,246 --> 00:22:03,557
that's what you did?
545
00:22:03,581 --> 00:22:05,159
She was the judge.
546
00:22:05,683 --> 00:22:07,628
I did what I was told.
547
00:22:07,652 --> 00:22:09,096
Grabbed my kids,
548
00:22:09,120 --> 00:22:11,605
jumped in my car and drove to Quebec.
549
00:22:12,562 --> 00:22:14,096
Your witness.
550
00:22:17,528 --> 00:22:19,306
So, evading the law...
551
00:22:19,330 --> 00:22:22,409
that's something you
decided to do on your own.
552
00:22:22,433 --> 00:22:24,445
She told me to run,
553
00:22:24,469 --> 00:22:25,512
and I did.
554
00:22:25,536 --> 00:22:26,747
BENNY: "Run"?
555
00:22:26,771 --> 00:22:28,682
You sure that's the word she used?
556
00:22:28,706 --> 00:22:30,484
- I'm sure.
- Hmm.
557
00:22:30,508 --> 00:22:32,419
You sure she didn't say,
558
00:22:32,443 --> 00:22:35,055
"Go to some place safe and call a lawyer
559
00:22:35,079 --> 00:22:36,623
"and come up with a plan,
560
00:22:36,647 --> 00:22:39,960
"so that when federal agents do
eventually come and arrest you,
561
00:22:39,984 --> 00:22:42,129
you've got your ducks in a row"?
562
00:22:42,595 --> 00:22:44,031
She told me to run.
563
00:22:44,055 --> 00:22:45,934
All right. Let's review.
564
00:22:46,657 --> 00:22:51,238
So, you escaped prosecution
in the assisted suicide case
565
00:22:51,262 --> 00:22:53,173
by flipping on the doctor.
566
00:22:53,197 --> 00:22:54,285
Do I have that right?
567
00:22:54,309 --> 00:22:56,276
I was subpoenaed to testify against him.
568
00:22:56,300 --> 00:22:57,333
So I did.
569
00:22:57,357 --> 00:23:00,147
And now you're trying
to curry favor with the Feds
570
00:23:00,171 --> 00:23:02,516
by turning on the one person
who was trying to help you.
571
00:23:02,540 --> 00:23:04,240
I'm just trying to tell the truth.
572
00:23:04,264 --> 00:23:07,332
Oh, no. You are trying
to save yourself from prison.
573
00:23:07,356 --> 00:23:08,465
Objection.
574
00:23:08,489 --> 00:23:10,965
Sustained. Ask a question.
575
00:23:11,373 --> 00:23:13,527
You cut a deal with the Feds, didn't you?
576
00:23:14,001 --> 00:23:16,163
I entered into a plea agreement
with the prosecutor.
577
00:23:16,187 --> 00:23:17,949
Right, right.
578
00:23:17,979 --> 00:23:19,433
And part of that agreement
579
00:23:19,457 --> 00:23:21,101
required for you to testify
580
00:23:21,125 --> 00:23:24,123
against the one person
who was looking out for you,
581
00:23:24,148 --> 00:23:27,341
the one person who advised
you to get a lawyer first
582
00:23:27,365 --> 00:23:28,809
and then surrender to authorities,
583
00:23:28,833 --> 00:23:32,413
the one person
whose only intent in all this
584
00:23:32,437 --> 00:23:33,414
was to help you.
585
00:23:33,438 --> 00:23:35,816
I don't know what her intent was.
586
00:23:35,840 --> 00:23:37,618
But she sure seemed happy
587
00:23:37,642 --> 00:23:39,625
to be sticking it to the FBI agents.
588
00:23:39,649 --> 00:23:40,954
Oh, come on.
589
00:23:40,978 --> 00:23:42,156
You don't know that.
590
00:23:42,180 --> 00:23:43,308
Sure, I do.
591
00:23:43,332 --> 00:23:44,625
When the A.D.A. left
592
00:23:44,649 --> 00:23:46,226
and I was alone with Judge Duggan,
593
00:23:46,250 --> 00:23:48,328
she called the Feds "feebs."
594
00:23:49,036 --> 00:23:51,398
She said, "Those feebs,
595
00:23:51,422 --> 00:23:53,667
"they think they're God, but they're not.
596
00:23:53,691 --> 00:23:56,511
In this courtroom, I'm God."
597
00:23:56,535 --> 00:23:58,872
(GALLERY MURMURING)
598
00:23:58,896 --> 00:23:59,873
She's lying.
599
00:23:59,897 --> 00:24:01,241
I would never say such a thing.
600
00:24:01,265 --> 00:24:02,342
I believe you.
601
00:24:02,366 --> 00:24:05,102
Unfortunately, my vote doesn't count.
602
00:24:07,674 --> 00:24:11,458
Judge Duggan, since
the start of this trial,
603
00:24:11,483 --> 00:24:14,329
people have been sitting in
the chair you're sitting in
604
00:24:14,353 --> 00:24:18,498
right now and they've painted
a pretty damning picture of you.
605
00:24:18,522 --> 00:24:20,275
So here's my question.
606
00:24:21,026 --> 00:24:24,472
Is any of what Nurse Jansen said true?
607
00:24:24,496 --> 00:24:26,808
Did you intentionally obstruct justice?
608
00:24:26,832 --> 00:24:29,811
Were you flexing your
power and your muscle
609
00:24:29,835 --> 00:24:31,379
and sending a message?
610
00:24:31,403 --> 00:24:34,382
Or is Ms. Jansen simply lying?
611
00:24:34,790 --> 00:24:38,319
Well, whether or not someone is
lying is for the jury to decide.
612
00:24:38,343 --> 00:24:40,889
But I remember it quite differently.
613
00:24:40,913 --> 00:24:44,425
I admit I let Ms. Jansen
leave out the back door.
614
00:24:44,758 --> 00:24:47,161
But I promise you it wasn't out of spite
615
00:24:47,185 --> 00:24:49,564
or because I have
some sort of god complex.
616
00:24:49,588 --> 00:24:53,401
Well, then help us
understand why you did it.
617
00:24:53,425 --> 00:24:56,687
I did it to protect
the integrity of the process.
618
00:24:57,980 --> 00:24:59,982
You have to understand...
this is it for me.
619
00:25:00,607 --> 00:25:02,377
The law is my life.
620
00:25:02,901 --> 00:25:05,713
I eat, sleep and breathe it.
621
00:25:05,737 --> 00:25:07,048
I'm not married.
622
00:25:07,072 --> 00:25:08,783
I don't have any children.
623
00:25:08,807 --> 00:25:10,742
I don't even have any hobbies.
624
00:25:11,410 --> 00:25:13,521
The courtroom is my home.
625
00:25:13,545 --> 00:25:16,524
The people who pass through here
are my guests.
626
00:25:16,957 --> 00:25:19,376
And the people who work there
are my family.
627
00:25:20,335 --> 00:25:21,963
From the time I was a child,
628
00:25:21,987 --> 00:25:23,831
all I ever wanted to be was a judge.
629
00:25:23,855 --> 00:25:24,899
Other kids had
630
00:25:24,923 --> 00:25:28,369
astronauts or sports stars
as their heroes.
631
00:25:28,760 --> 00:25:31,439
I had a big poster
of Justice Thurgood Marshall
632
00:25:31,463 --> 00:25:33,107
- above my bed.
- Mm.
633
00:25:33,974 --> 00:25:36,444
DUGGAN: I believe in the justice system.
634
00:25:36,468 --> 00:25:38,103
I revere it.
635
00:25:39,021 --> 00:25:41,382
But I also know how fragile it is.
636
00:25:41,406 --> 00:25:44,385
You tell people they have
something to fear by testifying,
637
00:25:44,409 --> 00:25:46,487
they will stop testifying.
638
00:25:47,446 --> 00:25:49,924
And if that happens, in my opinion,
639
00:25:50,282 --> 00:25:52,460
that is the end of a civilized society.
640
00:25:52,484 --> 00:25:54,161
(GALLERY MURMURING)
641
00:25:56,205 --> 00:25:58,066
Marissa, please tell me this is making
642
00:25:58,090 --> 00:25:59,400
- a difference.
- (BEEPING)
643
00:25:59,424 --> 00:26:01,919
Well, we just got our first green.
644
00:26:02,961 --> 00:26:04,277
BENNY: So,
645
00:26:04,301 --> 00:26:05,839
just to be clear,
646
00:26:06,398 --> 00:26:09,043
why exactly did you allow Nurse Jansen
647
00:26:09,067 --> 00:26:11,779
to leave via the back door
in the courthouse
648
00:26:11,803 --> 00:26:15,283
when you knew federal agents
were waiting in your courtroom
649
00:26:15,307 --> 00:26:16,284
to arrest her?
650
00:26:16,308 --> 00:26:17,819
So she could get an attorney.
651
00:26:17,843 --> 00:26:19,821
So she could have someone on her side
652
00:26:19,845 --> 00:26:22,290
when she surrendered to the authorities.
653
00:26:22,773 --> 00:26:25,360
She came into my courtroom
thinking she was safe.
654
00:26:25,859 --> 00:26:29,230
She made a deal with the A.D.A.
that she would testify
655
00:26:29,254 --> 00:26:32,199
in return for her promise
that she wouldn't be prosecuted.
656
00:26:33,116 --> 00:26:35,103
Unfortunately,
the district attorney failed
657
00:26:35,127 --> 00:26:36,637
to run the deal by the Feds,
658
00:26:36,661 --> 00:26:38,973
so they felt
they were under no obligation
659
00:26:38,997 --> 00:26:40,374
to abide by it.
660
00:26:40,618 --> 00:26:42,410
BENNY: And you felt that was unfair?
661
00:26:42,434 --> 00:26:43,811
DUGGAN: I felt the state prosecutor
662
00:26:43,835 --> 00:26:46,214
put her and me in a terrible position.
663
00:26:46,630 --> 00:26:48,950
When she found out the Feds
were there to arrest her,
664
00:26:48,974 --> 00:26:50,485
she was crying.
665
00:26:50,509 --> 00:26:52,420
She was worried about her children.
666
00:26:52,444 --> 00:26:55,472
So you never instructed
her to flee the country?
667
00:26:55,954 --> 00:26:59,100
That would make me
an accessory to a federal crime.
668
00:26:59,935 --> 00:27:02,530
I took an oath to uphold the law,
669
00:27:02,554 --> 00:27:03,865
not violate it.
670
00:27:03,889 --> 00:27:05,482
BENNY: Thank you.
671
00:27:06,110 --> 00:27:07,818
That's all I have, Your Honor.
672
00:27:16,159 --> 00:27:19,162
So, let me be certain that I understand.
673
00:27:20,122 --> 00:27:23,651
You just testified that you're
totally committed to the law,
674
00:27:23,675 --> 00:27:27,388
that your sole interest,
your only interest,
675
00:27:27,412 --> 00:27:29,791
is the pursuit of justice.
676
00:27:29,815 --> 00:27:30,925
Is that correct?
677
00:27:30,949 --> 00:27:33,255
- Yes.
- So, in a sense,
678
00:27:33,279 --> 00:27:35,029
the work that you do...
679
00:27:35,053 --> 00:27:37,398
tweeting out your messages
about the court system,
680
00:27:37,422 --> 00:27:39,867
advising a witness in your
courtroom to seek counsel
681
00:27:39,891 --> 00:27:41,269
before she can be arrested...
682
00:27:41,293 --> 00:27:43,738
that's all... altruistic?
683
00:27:43,762 --> 00:27:46,074
I mean, there's nothing in it for you.
684
00:27:46,098 --> 00:27:49,010
Y-You're not seeking notoriety or fame,
685
00:27:49,034 --> 00:27:50,478
- are you?
- No.
686
00:27:50,502 --> 00:27:52,814
If fame or notoriety is a by-product
687
00:27:52,838 --> 00:27:55,616
of getting people excited
about the judicial system,
688
00:27:55,960 --> 00:27:59,020
then so be it.
But, no, it is not my goal.
689
00:27:59,044 --> 00:28:01,371
You're just a humble, honest...
690
00:28:02,164 --> 00:28:04,792
down-to-earth state court judge.
691
00:28:04,816 --> 00:28:06,694
I like to think so. Yes.
692
00:28:06,718 --> 00:28:09,338
Well, thank you for your honesty.
693
00:28:10,714 --> 00:28:12,166
Nothing further.
694
00:28:12,190 --> 00:28:13,357
(GALLERY MURMURING)
695
00:28:16,561 --> 00:28:18,115
What in the world was that about?
696
00:28:18,139 --> 00:28:20,641
Well, whatever it was, it didn't work.
697
00:28:20,665 --> 00:28:22,944
It just keeps getting greener and greener
698
00:28:22,968 --> 00:28:23,894
in here.
699
00:28:24,582 --> 00:28:26,447
Anything else from either side?
700
00:28:26,471 --> 00:28:28,783
Um, not at this time, Your Honor.
701
00:28:28,807 --> 00:28:30,151
The defense rests.
702
00:28:30,175 --> 00:28:31,819
OLSEN: Your Honor, if the defense
703
00:28:31,843 --> 00:28:33,221
is done with their presentation,
704
00:28:33,245 --> 00:28:35,556
the government would like
to call a rebuttal witness.
705
00:28:35,580 --> 00:28:37,199
Of course you would.
706
00:28:37,545 --> 00:28:39,527
OLSEN: Please tell us
your name and occupation.
707
00:28:39,551 --> 00:28:40,695
My name is Jake Monroe.
708
00:28:40,719 --> 00:28:42,530
I'm in the entertainment business.
709
00:28:42,554 --> 00:28:45,566
Uh, artist representative.
710
00:28:45,590 --> 00:28:46,654
Talent agent.
711
00:28:46,678 --> 00:28:49,102
So you represent TV stars?
Actors and actresses?
712
00:28:49,126 --> 00:28:51,005
Well, the vast majority of my business is
713
00:28:51,029 --> 00:28:53,474
in what's called nonfiction television.
714
00:28:53,498 --> 00:28:56,277
- Uh, reality television.
- I see.
715
00:28:56,301 --> 00:28:58,801
And are you familiar with the defendant?
716
00:28:58,825 --> 00:29:01,516
MONROE: Uh, I am. She and I actually had
717
00:29:01,540 --> 00:29:03,451
a number of discussions
about the possibility
718
00:29:03,475 --> 00:29:05,186
of her getting into television.
719
00:29:05,210 --> 00:29:06,821
(GALLERY MURMURING)
720
00:29:06,845 --> 00:29:08,623
Is this true? You have an agent?
721
00:29:08,647 --> 00:29:09,891
How did we not know this?
722
00:29:09,915 --> 00:29:11,429
No. I've never had an agent.
723
00:29:11,453 --> 00:29:14,479
He invited me to lunch. Twice. That's it.
724
00:29:14,503 --> 00:29:16,312
OLSEN: I'm confused. Why would
725
00:29:16,336 --> 00:29:18,067
a state judge need a talent agent?
726
00:29:18,091 --> 00:29:20,001
She was elected to office. She has a job.
727
00:29:20,025 --> 00:29:24,238
Well, courtroom shows are
a very lucrative, uh, staple
728
00:29:24,262 --> 00:29:25,980
of daytime television.
729
00:29:26,004 --> 00:29:28,276
I read about Judge Duggan in the papers,
730
00:29:28,300 --> 00:29:31,076
uh, started to follow
her Twitter account.
731
00:29:31,100 --> 00:29:32,659
And I've genuinely come to believe
732
00:29:32,683 --> 00:29:34,253
that she could be the next Judge Judy.
733
00:29:34,279 --> 00:29:35,973
Excuse me, Judge who?
734
00:29:35,997 --> 00:29:38,819
Judge Judy. Very successful.
735
00:29:38,843 --> 00:29:41,055
But she's starting to age out of the job.
736
00:29:41,079 --> 00:29:43,554
It's hard not to imagine that
someone like Judge Duggan,
737
00:29:43,578 --> 00:29:47,128
or someone like her,
is a potential successor.
738
00:29:47,152 --> 00:29:50,009
So you think she could be
a television judge?
739
00:29:50,033 --> 00:29:51,368
I do. (CHUCKLES)
740
00:29:51,392 --> 00:29:53,901
I mean, look at her. She's beautiful,
741
00:29:53,925 --> 00:29:55,378
charismatic.
742
00:29:55,402 --> 00:29:58,508
She's positioned herself well.
She already has a following.
743
00:29:58,532 --> 00:30:01,175
You're talking about
all the-the tweeting,
744
00:30:01,199 --> 00:30:03,329
posting, social media.
745
00:30:03,353 --> 00:30:04,793
Objection, Your Honor.
746
00:30:04,817 --> 00:30:06,380
Counsel is leading the witness.
747
00:30:06,404 --> 00:30:08,390
- Sustained.
- OLSEN: That's fine.
748
00:30:08,414 --> 00:30:10,585
I have nothing further, Your Honor.
749
00:30:10,609 --> 00:30:12,610
(GALLERY MURMURING)
750
00:30:14,012 --> 00:30:16,483
Did Taylor see anything
about this on social media?
751
00:30:16,507 --> 00:30:19,360
Taylor looked through every
post, tweet, blog and hashtag...
752
00:30:19,384 --> 00:30:20,928
With a fine-tooth comb,
and there's nothing
753
00:30:20,952 --> 00:30:23,554
about an agent, nothing about television.
754
00:30:25,271 --> 00:30:27,268
Did you actually sign
any kind of agreement
755
00:30:27,292 --> 00:30:28,603
- with this guy?
- No.
756
00:30:28,627 --> 00:30:30,037
Of course not.
757
00:30:30,061 --> 00:30:32,043
He told me he wanted to make me a star.
758
00:30:32,067 --> 00:30:34,771
I laughed and picked his brain
about social media.
759
00:30:34,795 --> 00:30:36,426
Are you ready to
cross-examine, Counselor?
760
00:30:36,450 --> 00:30:38,535
Yes, I am, Your Honor.
761
00:30:40,197 --> 00:30:41,496
Mr. Monroe,
762
00:30:41,520 --> 00:30:43,042
yes or no question:
763
00:30:43,066 --> 00:30:45,274
did my client sign a contract with you?
764
00:30:45,298 --> 00:30:47,421
Uh, on paper, no.
765
00:30:47,445 --> 00:30:49,090
But we had an understanding,
766
00:30:49,114 --> 00:30:50,858
which is a fairly typical way
of doing things
767
00:30:50,882 --> 00:30:52,026
in the entertainment business.
768
00:30:52,050 --> 00:30:54,078
And when the two of you first met,
769
00:30:54,102 --> 00:30:55,563
who initiated the meeting?
770
00:30:55,587 --> 00:30:57,480
Did she call you, or did you call her?
771
00:30:57,504 --> 00:30:59,617
Uh, I initiated. I called her.
772
00:30:59,641 --> 00:31:03,070
So this was all about an idea you had.
773
00:31:03,094 --> 00:31:05,740
Point of fact, my client
never authorized you
774
00:31:05,764 --> 00:31:08,542
to seek any television
opportunities on her behalf.
775
00:31:08,566 --> 00:31:10,019
Isn't that true?
776
00:31:10,043 --> 00:31:11,812
No, I don't believe it is.
777
00:31:11,836 --> 00:31:14,248
Look, I do this for a living.
778
00:31:14,272 --> 00:31:15,994
Yes, she was playing hard to get.
779
00:31:16,018 --> 00:31:18,777
She never actually said,
"Go do this for me."
780
00:31:19,511 --> 00:31:21,655
But we had lunch twice.
781
00:31:21,913 --> 00:31:23,591
And you don't come back a second time
782
00:31:23,615 --> 00:31:25,893
unless you heard something
you liked the first time.
783
00:31:25,917 --> 00:31:28,629
(GALLERY MURMURING)
784
00:31:28,653 --> 00:31:32,582
We have lost all but one of our greens.
785
00:31:34,893 --> 00:31:36,193
(QUIETLY): Come on, Benny.
786
00:31:36,217 --> 00:31:37,587
You admit...
787
00:31:39,097 --> 00:31:42,843
my client has no agreement
in place with you?
788
00:31:42,867 --> 00:31:44,912
Verbal or written. Yes or no?
789
00:31:44,936 --> 00:31:47,782
- No, we have no agreement.
- And the fact is,
790
00:31:47,806 --> 00:31:51,197
while you may be looking for a
television opportunity for her,
791
00:31:51,221 --> 00:31:53,842
none of it is being done
at her behest... true?
792
00:31:54,329 --> 00:31:55,276
True.
793
00:31:55,300 --> 00:31:57,565
Maybe she was saying what she meant.
794
00:31:58,022 --> 00:32:00,800
Maybe she wasn't interested
in you... or TV.
795
00:32:00,825 --> 00:32:02,913
Objection. Counsel is testifying.
796
00:32:02,938 --> 00:32:05,474
- Ask a question.
- BENNY: Okay. All right.
797
00:32:05,499 --> 00:32:07,075
Here's a question.
798
00:32:08,226 --> 00:32:09,704
What's your motive here?
799
00:32:09,995 --> 00:32:12,289
This all about sour grapes?
800
00:32:12,764 --> 00:32:15,395
Because if you believe in Judge Duggan,
801
00:32:15,419 --> 00:32:19,352
if you believe, like I do,
that her passion for the law,
802
00:32:19,376 --> 00:32:22,208
her sense of integrity,
her ability to communicate
803
00:32:22,232 --> 00:32:24,778
what makes our system
of justice so special
804
00:32:24,802 --> 00:32:27,213
is in fact what makes her special,
805
00:32:27,237 --> 00:32:29,149
then what are you hoping to accomplish
806
00:32:29,173 --> 00:32:32,318
by coming in here and casting
aspersions against her?
807
00:32:32,342 --> 00:32:34,487
You know, if this jury finds her guilty,
808
00:32:34,511 --> 00:32:37,157
not only will she be done as a judge,
809
00:32:37,181 --> 00:32:40,894
but you won't be able
to sell her to television.
810
00:32:41,192 --> 00:32:45,031
After all, who wants a
judge that's been found guilty
811
00:32:45,055 --> 00:32:47,033
of obstructing justice?
812
00:32:47,949 --> 00:32:49,335
Everybody.
813
00:32:49,909 --> 00:32:51,271
I mean, this woman is on the cusp
814
00:32:51,295 --> 00:32:52,912
of being a folk hero.
815
00:32:53,323 --> 00:32:56,469
She helped a regular citizen
escape the clutches of the FBI.
816
00:32:56,494 --> 00:32:57,771
(CHUCKLES)
817
00:32:57,796 --> 00:32:59,307
This is America.
818
00:32:59,332 --> 00:33:02,278
We look up to people
with a touch of badass in them.
819
00:33:02,406 --> 00:33:05,218
And, if I'm being completely honest,
820
00:33:05,242 --> 00:33:07,420
she's an easier sell
if she loses this thing
821
00:33:07,444 --> 00:33:09,155
than if she wins.
822
00:33:09,512 --> 00:33:11,391
That's just the truth.
823
00:33:11,415 --> 00:33:12,959
(GALLERY MURMURING)
824
00:33:12,983 --> 00:33:14,994
Tell me they know better.
825
00:33:15,018 --> 00:33:16,896
Tell me they can see
through his cynicism.
826
00:33:16,920 --> 00:33:20,433
They know better. They can see
through his cynicism.
827
00:33:21,608 --> 00:33:22,769
HOLLINGSWORTH: Mr. Colón,
828
00:33:22,793 --> 00:33:24,771
do you have anything else
for this witness?
829
00:33:25,445 --> 00:33:27,990
Nothing I can say in court, Your Honor.
830
00:33:28,014 --> 00:33:29,997
- (GAVEL BANGS)
- _
831
00:33:30,021 --> 00:33:32,327
Will the defendant please rise?
832
00:33:37,266 --> 00:33:39,385
Madam Foreperson,
have you reached a verdict?
833
00:33:40,251 --> 00:33:41,628
We have, Your Honor.
834
00:33:42,827 --> 00:33:46,467
We, the jury,
find the defendant guilty on all counts.
835
00:33:47,014 --> 00:33:49,890
OLSEN: Your Honor,
the United States moves for sentencing.
836
00:33:49,914 --> 00:33:51,564
Put sentencing over to next week.
837
00:33:51,588 --> 00:33:54,767
- Why? We're just delaying the inevitable.
- Not necessarily.
838
00:33:54,791 --> 00:33:56,586
She's right. It's over, Bull.
839
00:33:56,610 --> 00:33:58,150
I asked you to do something.
840
00:33:58,174 --> 00:33:59,896
Is the defense ready for sentencing?
841
00:34:02,599 --> 00:34:04,310
No, Your Honor.
842
00:34:04,334 --> 00:34:07,680
We'd like a few days
so I can prepare my arguments,
843
00:34:07,704 --> 00:34:09,614
and my client can get
her affairs in order.
844
00:34:14,207 --> 00:34:16,442
You can respect the process,
845
00:34:16,466 --> 00:34:18,454
and still not agree with the outcome.
846
00:34:19,097 --> 00:34:20,330
And I don't.
847
00:34:22,393 --> 00:34:24,137
So here are my two cents.
848
00:34:25,422 --> 00:34:26,907
I think you're exactly the kind of judge
849
00:34:26,931 --> 00:34:28,909
we need on the bench.
850
00:34:29,717 --> 00:34:31,136
I mean it.
851
00:34:31,702 --> 00:34:33,680
You're smart and fair.
852
00:34:33,704 --> 00:34:35,682
You treat everyone with respect.
853
00:34:36,674 --> 00:34:38,621
And you seem determined to
854
00:34:39,453 --> 00:34:42,122
breathe life into an otherwise
stodgy institution.
855
00:34:42,146 --> 00:34:45,726
Not to mention you make people
actually want to be here.
856
00:34:45,750 --> 00:34:47,986
You have any idea what a feat that is?
857
00:34:49,032 --> 00:34:50,699
So I'm not giving up.
858
00:34:51,884 --> 00:34:53,233
There's got to be some common ground.
859
00:34:53,257 --> 00:34:54,501
You're both judges.
860
00:34:54,525 --> 00:34:56,503
And you're both stubborn.
861
00:34:56,527 --> 00:34:58,438
You're both committed to your work.
862
00:34:58,462 --> 00:35:01,908
It doesn't matter. He has it in for me.
863
00:35:01,932 --> 00:35:04,878
Let's not forget
he locked me up for contempt.
864
00:35:04,902 --> 00:35:06,796
Because you violated his rules.
865
00:35:08,047 --> 00:35:09,516
That's right. You spoke out of turn,
866
00:35:09,540 --> 00:35:11,918
and Judge Hollingsworth
did something about it.
867
00:35:11,942 --> 00:35:14,221
He exercised his judicial discretion.
868
00:35:14,245 --> 00:35:15,756
And when you stop and think about it,
869
00:35:15,780 --> 00:35:18,225
he believes in judicial sovereignty,
870
00:35:18,249 --> 00:35:20,060
which is kind of another way of saying
871
00:35:20,084 --> 00:35:22,937
he believes in the sanctity
of the courtroom.
872
00:35:24,055 --> 00:35:25,899
Does that remind you of anyone?
873
00:35:27,317 --> 00:35:29,403
Are both parties prepared
to make their arguments
874
00:35:29,427 --> 00:35:30,928
on sentencing?
875
00:35:30,952 --> 00:35:33,774
Actually, we'd like to
call a witness, Your Honor.
876
00:35:33,798 --> 00:35:35,453
We'd like to call James Wheeler.
877
00:35:35,477 --> 00:35:37,714
Objection. We haven't been given notice.
878
00:35:37,738 --> 00:35:39,317
This is the first
we've heard of this witness.
879
00:35:39,341 --> 00:35:41,145
BENNY: Well, as counsel well knows,
880
00:35:41,169 --> 00:35:44,785
the rules of discovery don't
apply in sentencing hearings.
881
00:35:44,809 --> 00:35:46,586
No notice is required.
882
00:35:46,610 --> 00:35:49,774
I agree. Let's hear from Mr. Wheeler.
883
00:35:49,798 --> 00:35:51,758
I'm gonna get right to it, Mr. Wheeler.
884
00:35:51,782 --> 00:35:53,326
You are no stranger
885
00:35:53,350 --> 00:35:56,196
to the criminal justice system, are you?
886
00:35:56,220 --> 00:35:58,642
No, I'm sorry to say I'm not.
887
00:35:58,666 --> 00:36:01,668
You have been convicted
of a crime, haven't you?
888
00:36:02,852 --> 00:36:04,705
Yes. When I was a teenager,
889
00:36:04,729 --> 00:36:07,140
I-I was a member of a gang,
890
00:36:07,164 --> 00:36:10,811
and I... we got into trouble, yes.
891
00:36:11,611 --> 00:36:14,489
Five years ago,
did you rob a liquor store?
892
00:36:15,048 --> 00:36:16,069
I did.
893
00:36:16,616 --> 00:36:19,507
Four of us went in,
and one of the guys had a gun.
894
00:36:19,531 --> 00:36:21,655
And you stood watch
while he demanded money.
895
00:36:21,679 --> 00:36:23,004
(SCOFFS)
896
00:36:23,456 --> 00:36:25,125
Yes, I did.
897
00:36:25,959 --> 00:36:27,928
And were you prosecuted for the robbery?
898
00:36:28,378 --> 00:36:30,097
We all were.
899
00:36:30,121 --> 00:36:33,400
And everyone got sent to prison,
900
00:36:33,424 --> 00:36:35,702
ex-except me.
901
00:36:35,726 --> 00:36:37,204
- And why is that?
- Your Honor,
902
00:36:37,228 --> 00:36:38,984
we all know where this is going.
903
00:36:39,008 --> 00:36:40,707
I'd like to hear from the witness.
904
00:36:41,251 --> 00:36:42,451
Continue.
905
00:36:43,701 --> 00:36:44,945
I don't know.
906
00:36:44,969 --> 00:36:46,580
I think the judge saw something in me,
907
00:36:46,604 --> 00:36:49,065
thought I-I could do something
with my life.
908
00:36:49,740 --> 00:36:52,286
Anyway, I got sentenced to probation.
909
00:36:52,310 --> 00:36:54,020
And what's happened since then?
910
00:36:54,420 --> 00:36:57,290
Well, I finished my probation.
911
00:36:57,314 --> 00:36:59,793
Haven't gotten in trouble since.
912
00:36:59,817 --> 00:37:01,561
You finish high school?
913
00:37:01,870 --> 00:37:03,063
Got my GED,
914
00:37:03,454 --> 00:37:04,865
and now I'm in college,
915
00:37:04,889 --> 00:37:07,397
studying to be a computer programmer.
916
00:37:07,421 --> 00:37:09,970
And I-I also help out my little brother.
917
00:37:09,994 --> 00:37:12,239
He's graduating high school next year.
918
00:37:13,006 --> 00:37:14,674
So...
919
00:37:15,008 --> 00:37:17,886
the judge saw something special in you,
920
00:37:18,569 --> 00:37:20,313
gave you a break, and now
921
00:37:20,337 --> 00:37:23,750
you are a productive member of society.
922
00:37:23,774 --> 00:37:27,186
I-I like to think so, yeah.
923
00:37:28,271 --> 00:37:32,058
Mr. Wheeler, could you please
look around the courtroom
924
00:37:32,082 --> 00:37:34,819
and identify that judge for us?
925
00:37:39,089 --> 00:37:40,199
Uh...
926
00:37:42,327 --> 00:37:43,570
he's sitting right here.
927
00:37:43,594 --> 00:37:45,338
(GALLERY MURMURING)
928
00:37:45,580 --> 00:37:47,497
Judge Hollingsworth...
929
00:37:49,934 --> 00:37:51,178
Thank you.
930
00:37:52,337 --> 00:37:54,119
I-I know it's been a while.
931
00:37:54,589 --> 00:37:57,217
I guess you don't remember me.
932
00:37:57,241 --> 00:37:58,708
But I remember you.
933
00:38:00,444 --> 00:38:02,779
And I'll never forget
what you did for me.
934
00:38:04,715 --> 00:38:07,394
Objection. That is a touching story,
935
00:38:07,418 --> 00:38:09,396
but the witness has no relevance
936
00:38:09,420 --> 00:38:11,365
to the sentencing of this defendant.
937
00:38:11,814 --> 00:38:13,682
BENNY: I'm sorry, I disagree.
938
00:38:14,317 --> 00:38:16,570
It's completely relevant, Your Honor.
939
00:38:16,594 --> 00:38:19,339
You know, there's a striking
similarity between
940
00:38:19,363 --> 00:38:21,575
what you did for Mr. Wheeler
941
00:38:21,599 --> 00:38:24,477
and what Judge Duggan was
trying to do for Nurse Jansen.
942
00:38:25,036 --> 00:38:27,605
Now, Nurse Jansen was
943
00:38:28,039 --> 00:38:29,316
led to believe that
944
00:38:29,340 --> 00:38:33,587
what she was doing, testifying,
was the right thing to do.
945
00:38:33,795 --> 00:38:36,389
Not a trap, but a solemn duty.
946
00:38:37,006 --> 00:38:38,924
And even though it might not have
947
00:38:38,948 --> 00:38:40,894
hewed to the letter of the law,
948
00:38:40,918 --> 00:38:44,030
Judge Duggan could not allow her
to be arrested
949
00:38:44,054 --> 00:38:45,890
without benefit of counsel.
950
00:38:46,857 --> 00:38:51,171
Hauled off in handcuffs
in front of jurors
951
00:38:51,195 --> 00:38:54,040
and members of the general
public sitting in the gallery.
952
00:38:54,064 --> 00:38:55,441
No.
953
00:38:56,500 --> 00:38:58,478
In her judicial wisdom,
954
00:38:58,861 --> 00:39:02,031
she realized there had to be another way.
955
00:39:02,439 --> 00:39:04,684
One that didn't compromise her courtroom,
956
00:39:04,708 --> 00:39:09,155
but also didn't shortchange
or undercut the authority
957
00:39:09,179 --> 00:39:12,058
of the federal agents charged
with bringing her in.
958
00:39:12,082 --> 00:39:14,450
Don't you see, Judge Hollingsworth?
959
00:39:16,246 --> 00:39:18,958
You did the same thing
in Mr. Wheeler's case.
960
00:39:19,465 --> 00:39:22,035
You ignored the federal
sentencing guidelines,
961
00:39:22,059 --> 00:39:25,572
and instead, looked
to the purpose behind them.
962
00:39:25,930 --> 00:39:28,808
Which is to promote public safety
963
00:39:28,832 --> 00:39:30,377
and the good of our society.
964
00:39:30,810 --> 00:39:33,813
I mean, isn't that one of
the reasons why we have judges?
965
00:39:34,471 --> 00:39:38,007
To bring their human wisdom
and judgment to bear?
966
00:39:40,824 --> 00:39:41,990
Thank you, Mr. Colón.
967
00:39:44,699 --> 00:39:47,676
Mr. Olsen, do you have any
evidence to present on sentencing?
968
00:39:49,178 --> 00:39:51,264
No, Your Honor.
969
00:39:51,288 --> 00:39:54,067
I would simply ask that
you sentence the defendant
970
00:39:54,091 --> 00:39:56,378
to serve 48 months in prison.
971
00:39:56,769 --> 00:39:59,203
HOLLINGSWORTH: Mr. Colón,
I'll hear your recommendation.
972
00:39:59,227 --> 00:40:02,709
Actually, Your Honor, I'm not
making any recommendations.
973
00:40:03,176 --> 00:40:05,745
I'm asking you to exercise
your sovereignty
974
00:40:05,769 --> 00:40:07,414
and discretion one more time.
975
00:40:08,514 --> 00:40:11,351
You have the power to right this wrong.
976
00:40:11,601 --> 00:40:13,720
You can issue a judgment of acquittal.
977
00:40:14,812 --> 00:40:16,723
You want me to set aside
the jury's verdict
978
00:40:16,747 --> 00:40:18,858
and enter a finding of not guilty?
979
00:40:19,442 --> 00:40:20,660
I do.
980
00:40:21,611 --> 00:40:23,430
It's highly unusual.
981
00:40:23,454 --> 00:40:26,066
Unusual, but not unwarranted.
982
00:40:26,090 --> 00:40:30,003
Judge Duggan is a principled
jurist, and so are you.
983
00:40:31,078 --> 00:40:32,706
No legitimate purpose
984
00:40:32,730 --> 00:40:35,408
will be served by branding her a felon
985
00:40:35,432 --> 00:40:37,667
and sending her to prison.
986
00:40:50,114 --> 00:40:53,142
Judge Duggan, please rise.
987
00:40:57,021 --> 00:40:58,888
I've made my ruling.
988
00:41:00,924 --> 00:41:03,110
I don't condone what you did,
989
00:41:03,827 --> 00:41:07,230
but I respect your reasoning.
990
00:41:09,166 --> 00:41:11,811
And I'm-I'm going to adopt
Mr. Colón's request
991
00:41:12,074 --> 00:41:14,413
and issue a judgment for acquittal.
992
00:41:15,872 --> 00:41:17,049
Your Honor...
993
00:41:17,074 --> 00:41:18,418
Do not speak, Mr. Olsen,
994
00:41:18,443 --> 00:41:20,788
or I will hold you in contempt.
995
00:41:21,646 --> 00:41:22,858
I hereby
996
00:41:22,883 --> 00:41:24,828
set aside the jury's verdict,
997
00:41:25,049 --> 00:41:27,927
and I find you not guilty.
998
00:41:27,951 --> 00:41:30,154
- (GAVEL BANGS)
- Court is in recess.
999
00:41:37,961 --> 00:41:39,063
Hey.
1000
00:41:40,064 --> 00:41:43,409
- Ah.
- Look at her.
1001
00:41:43,433 --> 00:41:45,311
She looks like a kid who just found out
1002
00:41:45,335 --> 00:41:47,247
she doesn't have to change
schools, clean out her locker
1003
00:41:47,271 --> 00:41:49,931
- and leave her friends after all.
- Mm.
1004
00:41:49,955 --> 00:41:51,749
Of course, it's not quite over.
1005
00:41:51,773 --> 00:41:55,188
She's still got to go before the
Committee on Judicial Conduct.
1006
00:41:55,505 --> 00:41:58,607
I'm gonna see if they'll
let me testify on her behalf.
1007
00:42:00,284 --> 00:42:01,628
You were right about her, Bull.
1008
00:42:02,420 --> 00:42:04,551
- You were right about all of it.
- (LAUGHS): Yeah.
1009
00:42:04,575 --> 00:42:06,066
Well, what can I say?
1010
00:42:06,090 --> 00:42:09,468
She loves court, trials and juries.
1011
00:42:10,386 --> 00:42:12,272
Guess it takes one to know one.
1012
00:42:12,296 --> 00:42:14,107
Want to get out of here?
1013
00:42:14,131 --> 00:42:16,017
Lead the way, sir.
74751
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