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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:00,287 --> 00:00:05,594 In the criminal justice system, all defendants are innocent until proven guilty, 2 00:00:05,786 --> 00:00:09,898 either by confession, plea bargain, or trial by jury. 3 00:00:10,137 --> 00:00:12,289 This is one of those trials. 4 00:00:13,167 --> 00:00:16,840 - All right, you be careful. - Oh Jesus, please! 5 00:00:25,142 --> 00:00:27,485 Kozak, what are we looking at here? 6 00:00:27,581 --> 00:00:28,872 We responded to a panic button. 7 00:00:28,920 --> 00:00:30,641 Three shots fired. Lunch hour on a payday. 8 00:00:30,689 --> 00:00:32,554 Best guess, there are at least 30 live bodies in there. 9 00:00:32,601 --> 00:00:34,418 - Okay, let's go! - Come on. 10 00:00:35,339 --> 00:00:36,502 Team one, break right. 11 00:00:36,772 --> 00:00:38,185 Team two, hang back. 12 00:00:42,712 --> 00:00:44,156 Go, go, go, go! 13 00:00:56,911 --> 00:00:58,667 I see three hit. 14 00:01:00,469 --> 00:01:01,846 No sign of a shooter. 15 00:01:01,877 --> 00:01:03,652 What took so damn long? She needs help now! 16 00:01:03,683 --> 00:01:04,417 Stay down! 17 00:01:05,488 --> 00:01:06,161 Sir. 18 00:01:06,865 --> 00:01:08,487 - Sir, you work here? - I'm the manager. 19 00:01:08,548 --> 00:01:09,711 How many shooters were there? 20 00:01:09,742 --> 00:01:10,997 - One. - Which way did he exit? 21 00:01:11,058 --> 00:01:11,670 He didn't. 22 00:01:16,945 --> 00:01:17,710 I did it. 23 00:01:21,076 --> 00:01:22,086 I shot them. 24 00:01:24,932 --> 00:01:26,401 I think she's dead. 25 00:01:37,986 --> 00:01:51,558 Law and Order Trial by Jury Episode 1x06 - Bang & Blame 26 00:01:52,881 --> 00:02:06,880 Transcript provided by Raceman Subtitles: The Tbj Team. 27 00:02:07,610 --> 00:02:19,139 www.forom.com www.lawandorder-fr.com 28 00:02:22,433 --> 00:02:24,636 The bank has a prescribed procedure. 29 00:02:24,728 --> 00:02:26,687 A plan I was supposed to follow. 30 00:02:27,113 --> 00:02:28,121 But I froze, 31 00:02:28,777 --> 00:02:30,910 I did nothing, while he fired. 32 00:02:32,118 --> 00:02:33,595 I saw those people fall. 33 00:02:34,345 --> 00:02:35,399 I'll never forget that. 34 00:02:36,993 --> 00:02:39,899 Was Mr. Soin holding the gun when you first saw him? 35 00:02:40,157 --> 00:02:40,977 I heard a shot. 36 00:02:41,423 --> 00:02:42,313 I just ran. 37 00:02:43,721 --> 00:02:47,729 It was as if something had grabbed me by the arm and hauled me to the floor. 38 00:02:48,830 --> 00:02:50,190 As I was lying there. I saw him. 39 00:02:51,408 --> 00:02:52,697 He shot another person. 40 00:02:53,799 --> 00:02:54,526 And I thought... 41 00:02:55,862 --> 00:02:57,338 it was the wrong thing to think, but, 42 00:02:58,792 --> 00:03:01,042 I thought, "Thank God he's not shooting at me again." 43 00:03:02,472 --> 00:03:03,034 That's it. 44 00:03:10,347 --> 00:03:11,659 Didn't care for dessert? 45 00:03:12,410 --> 00:03:13,887 Meringue doesn't travel. 46 00:03:14,145 --> 00:03:15,551 Well, they just brought him in. 47 00:03:16,863 --> 00:03:19,606 This guy... Andrew Soin. 48 00:03:19,863 --> 00:03:22,606 - He works at the bank? - Clerk, four years. 49 00:03:22,934 --> 00:03:24,668 You wanna sit in on the interrogation? 50 00:03:25,301 --> 00:03:26,309 Yeah, sure. 51 00:03:26,884 --> 00:03:28,642 It seems I've lost my appetite. 52 00:03:29,462 --> 00:03:32,696 Well, we have 30 eyewitnesses to the shooting, plus a videotape. 53 00:03:33,048 --> 00:03:34,173 It's open and shut. 54 00:03:34,900 --> 00:03:35,954 Don't jinx it. 55 00:03:40,197 --> 00:03:43,595 Docket number 394405: People v. Andrew Soin. 56 00:03:43,642 --> 00:03:46,736 Charge is murder in the second degree and assault with intent to murder. 57 00:03:46,853 --> 00:03:47,908 Can I say something? 58 00:03:48,002 --> 00:03:49,549 Sure. Guilty or not guilty? 59 00:03:49,924 --> 00:03:51,189 This is an injustice. 60 00:03:51,682 --> 00:03:54,775 I called the police switchboard and I told them I had a gun. 61 00:03:55,069 --> 00:03:56,475 From my home, I called them. 62 00:03:56,592 --> 00:03:57,858 Mr. Guzman, 63 00:03:58,303 --> 00:04:01,327 does your client need a psychological evaluation? 64 00:04:01,455 --> 00:04:03,588 - I don't believe so, Your Honor. - No, I'm not crazy. 65 00:04:03,635 --> 00:04:05,393 I'm telling you what happened. 66 00:04:05,569 --> 00:04:08,171 I called, and they hung up on me. 67 00:04:08,475 --> 00:04:10,233 I waited for an hour and no one came. 68 00:04:10,444 --> 00:04:12,296 You keep this up, you're not making bail. 69 00:04:14,241 --> 00:04:15,601 I'm not guilty. 70 00:04:16,187 --> 00:04:17,593 Good, I'm glad that's settled. 71 00:04:17,663 --> 00:04:18,952 People request remand. 72 00:04:19,327 --> 00:04:22,210 May it please the court, Mr. Soin doesn't present a flight risk... 73 00:04:22,258 --> 00:04:23,008 Save it. 74 00:04:23,243 --> 00:04:28,399 Due to the gravity of these charges and the strength of the evidence, 75 00:04:29,020 --> 00:04:34,270 the defendant is remanded to the Department of Correction without bail on a short date. 76 00:04:34,481 --> 00:04:35,207 Next. 77 00:04:36,204 --> 00:04:37,376 I'll look into the phone call. 78 00:04:37,446 --> 00:04:40,985 Docket number 394505: People v. Nathaniel Spivack. 79 00:04:41,021 --> 00:04:43,130 Charge is menacing in the second degree. 80 00:04:43,165 --> 00:04:43,915 Mr. Spivack, how do you plead? 81 00:04:43,962 --> 00:04:45,251 Looking good, counselor. 82 00:04:46,165 --> 00:04:49,376 Sleep... it's a perk of private practice. 83 00:04:49,400 --> 00:04:51,392 You planning to run with this alleged phone call? 84 00:04:51,768 --> 00:04:54,018 Oh, if you got it, flaunt it. 85 00:04:54,674 --> 00:04:57,252 - She still using that one? - All the time. 86 00:04:57,299 --> 00:04:58,823 Trying to make me feel dated? 87 00:04:58,870 --> 00:05:00,604 - Did it work? - You wish. 88 00:05:02,478 --> 00:05:04,260 If his attorney has any sense, 89 00:05:04,306 --> 00:05:07,260 there'll be a message waiting on my voice mail when I get back to my office. 90 00:05:07,447 --> 00:05:09,533 I wouldn't offer a plea even if there was interest. 91 00:05:09,861 --> 00:05:13,846 Man gets up from his desk, opens fire in front of five video cameras. 92 00:05:14,631 --> 00:05:17,538 Why would you want to make a deal on a case you could win so easily at trial? 93 00:05:19,344 --> 00:05:21,804 I hear Guzman has this one. How's he doing? 94 00:05:21,922 --> 00:05:23,680 You can still take his word to the bank. 95 00:05:23,773 --> 00:05:26,703 Word has it that all he has is this supposed phone call. 96 00:05:28,320 --> 00:05:30,219 It is the only thing that could muddy the waters. 97 00:05:31,203 --> 00:05:36,125 But if Soin really did call for help, wouldn't there be a recording of the conversation? 98 00:05:36,325 --> 00:05:38,927 Well, only 911 records incoming calls. 99 00:05:39,208 --> 00:05:42,044 The police switchboards don't. And that's who he's claimed to have called. 100 00:05:42,091 --> 00:05:44,435 Well, don't let this become a game of operator. 101 00:05:45,653 --> 00:05:49,333 Verify that they never received Soin's call, then put him away. 102 00:05:53,013 --> 00:05:54,818 Are they gonna turn over the phone records so... 103 00:05:55,919 --> 00:05:57,583 ... we can prove I made the call? 104 00:05:58,497 --> 00:06:00,607 That'll be part of the discovery process. 105 00:06:00,619 --> 00:06:01,908 What does that mean? 106 00:06:02,096 --> 00:06:05,283 There are certain things the prosecution is required to hand over before trial. 107 00:06:05,307 --> 00:06:06,736 We should have it in a few weeks. 108 00:06:06,796 --> 00:06:08,507 That's a long time, isn't it? 109 00:06:08,577 --> 00:06:09,632 Andrew, 110 00:06:10,229 --> 00:06:13,182 I think it's in your best interests to let me... 111 00:06:13,229 --> 00:06:14,354 Could we keep this formal? 112 00:06:14,635 --> 00:06:15,291 Excuse me? 113 00:06:15,526 --> 00:06:16,791 I call you Mr. Guzman. 114 00:06:18,105 --> 00:06:18,574 Fine. 115 00:06:19,816 --> 00:06:20,683 Mr. Soin. 116 00:06:20,847 --> 00:06:23,426 Is the operator going to testify? 117 00:06:23,543 --> 00:06:25,136 If need be, we can get a subpoena. 118 00:06:25,289 --> 00:06:26,695 How do we do that? 119 00:06:26,812 --> 00:06:30,585 Mr. Soin, please, why don't you let me worry about the logistics? 120 00:06:31,371 --> 00:06:33,832 We can draw up a motion and file it with the clerk's office. 121 00:06:33,832 --> 00:06:36,340 Now, about a plea. 122 00:06:36,973 --> 00:06:38,754 The D.A.'s gonna wanna milk this. 123 00:06:38,872 --> 00:06:42,411 It's a clear win for them, but... We're not finished here. 124 00:06:42,434 --> 00:06:44,496 You seem to have your whole case worked out. 125 00:06:45,176 --> 00:06:48,293 I'm not gonna set up a negociation if you won't consider a plea. 126 00:06:50,110 --> 00:06:51,306 I will consider it. 127 00:06:55,347 --> 00:06:58,337 So you were answering calls on the afternoon of February 4th. 128 00:06:58,384 --> 00:07:01,525 - I'd have to check my card. - Your Sergeant already did. 129 00:07:02,639 --> 00:07:04,725 I need to ask you about Andrew Soin. 130 00:07:07,103 --> 00:07:09,541 Shot up the Midtown Savings Bank. Killed a woman. 131 00:07:09,588 --> 00:07:11,439 Yeah, name sounded familiar. 132 00:07:12,202 --> 00:07:14,545 Well, he claims that he called this switchboard, 133 00:07:14,662 --> 00:07:17,616 said he had a gun, needed some help, and the operator hung up on him. 134 00:07:18,577 --> 00:07:20,264 I think I'd remember a call like that. 135 00:07:22,889 --> 00:07:25,233 Look, you gotta understand, this switchboard... 136 00:07:25,878 --> 00:07:27,121 ... hardly ever rings. 137 00:07:27,167 --> 00:07:29,933 And when it does, it's usually personal calls for the guys on duty. 138 00:07:30,766 --> 00:07:35,406 If a call like that came through, you can bet I wouldn't hang up on it. 139 00:07:37,316 --> 00:07:39,472 It's not the slam dunk Branch was hoping for. 140 00:07:40,621 --> 00:07:42,988 - The operator? - Far from compelling. 141 00:07:43,060 --> 00:07:44,653 He says he never got the call. 142 00:07:44,771 --> 00:07:47,466 - You don't believe him. - He broke into a sweat. 143 00:07:47,560 --> 00:07:49,669 It sure looked like a guilty conscience to me. 144 00:07:50,062 --> 00:07:52,015 The victim's husband's waiting in the conference room. 145 00:07:52,182 --> 00:07:54,396 Hey, put a rush on Soin's phone records. 146 00:07:54,461 --> 00:07:56,927 We need confirmation that call never happened. 147 00:07:58,024 --> 00:08:00,860 And tell Salazar and Ravell to dig into Soin. 148 00:08:00,907 --> 00:08:04,212 Let's find out what made him walk into work that day and open fire. 149 00:08:04,892 --> 00:08:08,290 I keep asking myself why, but the truth is, I really don't care... 150 00:08:08,338 --> 00:08:09,885 ... what made the guy do what he did. 151 00:08:10,143 --> 00:08:11,830 I just want him to pay. 152 00:08:12,909 --> 00:08:14,198 She didn't deserve this. 153 00:08:16,482 --> 00:08:18,873 I wanted to try to have the funeral as soon as possible. 154 00:08:19,084 --> 00:08:20,725 I only have a few days leave. 155 00:08:20,971 --> 00:08:24,440 It would be helpful if her family could be here for as much of the trial as... 156 00:08:24,464 --> 00:08:26,198 There is no family. I'm it. 157 00:08:28,870 --> 00:08:30,651 How long were you and Dana married? 158 00:08:31,097 --> 00:08:31,987 Just over a year. 159 00:08:33,183 --> 00:08:35,292 We went to City Hall a month before I shipped out. 160 00:08:37,554 --> 00:08:41,211 I'm in Fallujah and Dana gets shot trying to cash a check in downtown Manhattan. 161 00:08:46,994 --> 00:08:48,986 You mind? I only get five minutes. 162 00:08:49,150 --> 00:08:51,681 People say you're the one to talk to about Soin. 163 00:08:51,869 --> 00:08:53,017 You guys buddies? 164 00:08:53,283 --> 00:08:54,689 Soin didn't have buddies. 165 00:08:54,736 --> 00:08:56,681 Word is you two took smoke breaks together. 166 00:08:56,822 --> 00:08:58,158 I felt bad for the guy. 167 00:08:58,439 --> 00:09:00,314 - He was going through a lot. - Such as? 168 00:09:01,181 --> 00:09:02,376 Ugly divorce. 169 00:09:02,692 --> 00:09:05,552 I been there myself. I didn't use my office as target practice. 170 00:09:05,810 --> 00:09:09,349 His wife dumped him for some doctor she met when their son wrecked the family car. 171 00:09:09,420 --> 00:09:10,522 When did this happen? 172 00:09:12,209 --> 00:09:14,905 - Three, four years ago. - Three, four years ago? 173 00:09:14,952 --> 00:09:17,131 That's a long time. Why'd he snap now? 174 00:09:17,447 --> 00:09:19,346 This last month he's been acting kind of weird. 175 00:09:19,650 --> 00:09:20,471 Even for him. 176 00:09:20,799 --> 00:09:22,814 - He tell you why? - He didn't talk about it. 177 00:09:23,963 --> 00:09:26,377 - Not to me, anyways. - Anyone he did talk to? 178 00:09:30,315 --> 00:09:32,916 That's the beauty of group. People feel free to unburden themselves. 179 00:09:32,952 --> 00:09:35,319 - You help them with their pain. - We try to help each other. 180 00:09:35,366 --> 00:09:38,507 Well, now we need your help. Andrew Soin has caused a lot of suffering. 181 00:09:38,648 --> 00:09:41,624 I'm not at liberty to say if a Mr. Soin is even in this group. 182 00:09:41,718 --> 00:09:43,781 Look, what gets said in this room stays in this room. 183 00:09:43,874 --> 00:09:45,093 It's the only way it works. 184 00:09:45,140 --> 00:09:47,062 Yeah, it works so well that someone's dead. 185 00:09:47,777 --> 00:09:49,019 I'm sorry. 186 00:09:49,746 --> 00:09:50,637 Help yourself. 187 00:09:53,191 --> 00:09:54,738 Soin must be quite a guy. 188 00:09:54,856 --> 00:09:57,317 Shoots three people full of holes, everyone's got his back. 189 00:10:01,723 --> 00:10:02,848 So, you were in group with him? 190 00:10:03,165 --> 00:10:05,556 Why call it group if it's always about him? 191 00:10:06,118 --> 00:10:07,548 He ever mention his divorce? 192 00:10:07,899 --> 00:10:08,813 Are you kiddin'? 193 00:10:08,861 --> 00:10:10,665 So he blamed his ex for his problems. 194 00:10:10,876 --> 00:10:13,407 The man could teach a master class in the blame game. 195 00:10:14,134 --> 00:10:16,056 Rent checks were getting lost in the mail. 196 00:10:16,407 --> 00:10:18,095 Doctors were double billing him. 197 00:10:18,342 --> 00:10:20,029 Everything was someone else's fault. 198 00:10:20,193 --> 00:10:21,553 So he came here to unload? 199 00:10:21,740 --> 00:10:23,662 He came here 'cause he was terrified. 200 00:10:23,920 --> 00:10:25,092 He'd just gotten mugged. 201 00:10:25,397 --> 00:10:27,412 - When was this? - About a month ago. 202 00:10:27,623 --> 00:10:30,553 Said that he reported it to the cops, but nothing came of it. 203 00:10:30,905 --> 00:10:32,569 Even went and bought himself a gun. 204 00:10:33,248 --> 00:10:34,772 He didn't just buy it, he used it. 205 00:10:35,054 --> 00:10:37,375 His final session, he was so depressed... 206 00:10:37,843 --> 00:10:39,859 ... he said he felt like he was gonna explode. 207 00:10:40,093 --> 00:10:41,804 What do you mean by his final session? 208 00:10:41,968 --> 00:10:43,750 His insurance didn't cover therapy. 209 00:10:44,183 --> 00:10:45,566 He couldn't afford to keep coming. 210 00:10:47,969 --> 00:10:51,273 Soin's phone records. He did call the police for help. 211 00:10:51,683 --> 00:10:52,785 The operator lied. 212 00:10:53,324 --> 00:10:54,730 A lot went wrong for the guy. 213 00:10:54,988 --> 00:10:56,605 Don't tell me you feel sorry for him. 214 00:10:58,550 --> 00:11:00,121 Don't shrug it off. Tell me. 215 00:11:00,474 --> 00:11:03,755 Are you saying a run of bad luck justifies a shooting spree? 216 00:11:03,825 --> 00:11:05,653 I'm just thinking like a jury will. 217 00:11:05,969 --> 00:11:08,360 You honestly think a jury could be sympathetic? 218 00:11:08,511 --> 00:11:11,594 If Guzman focuses on Soin's character, yes. 219 00:11:12,075 --> 00:11:13,411 The guy never took a sick day. 220 00:11:13,458 --> 00:11:16,833 He just got passed over for a promotion by someone fresh out of college. 221 00:11:16,986 --> 00:11:19,025 He's a hard worker, no criminal record. 222 00:11:19,049 --> 00:11:22,869 A jury of his peers might relate to him. It's not a stretch. 223 00:11:22,998 --> 00:11:25,599 At the very least, it could affect sentencing. 224 00:11:26,255 --> 00:11:27,662 That's why I'm offering him a plea. 225 00:11:29,444 --> 00:11:32,163 How do I hang up on a call I never got? 226 00:11:33,382 --> 00:11:36,124 I'm gonna give you a minute to think about it. 227 00:11:36,546 --> 00:11:37,319 What's this? 228 00:11:38,163 --> 00:11:40,390 Soin's phone records from February 4th. 229 00:11:40,671 --> 00:11:45,195 There's a 52-second call from Soin's apartment to your switchboard. 230 00:11:46,707 --> 00:11:48,629 Look, I can't lose my job, all right? 231 00:11:49,074 --> 00:11:50,410 I'm diabetic. 232 00:11:51,535 --> 00:11:53,199 Without medical, I'm dead. 233 00:11:53,914 --> 00:11:56,726 So, you did talk to Soin. 234 00:11:57,851 --> 00:11:59,960 He talked, I listened. 235 00:12:01,251 --> 00:12:02,962 They're gonna fire me when they hear about this. 236 00:12:03,056 --> 00:12:05,563 We put you under oath, you lie, that's perjury. 237 00:12:06,220 --> 00:12:07,860 - Jail time. - Oh, God, no. 238 00:12:07,954 --> 00:12:09,876 Did Soin tell you he had a gun? 239 00:12:11,400 --> 00:12:13,392 I told him I was unauthorized. 240 00:12:13,392 --> 00:12:15,947 I hadn't been trained to take a call like that. 241 00:12:15,993 --> 00:12:18,525 That I was gonna connect him to 911. 242 00:12:18,559 --> 00:12:21,489 Now, we might have got disconnected, but I did not hang up on him. 243 00:12:23,247 --> 00:12:24,044 I swear it. 244 00:12:26,486 --> 00:12:28,783 - Man one. - Oh, Miguel, come on. 245 00:12:29,861 --> 00:12:30,845 Murder two. 246 00:12:30,962 --> 00:12:33,657 Concurrent sentences on the non-fatal victims. 247 00:12:33,704 --> 00:12:35,462 It's a shot at some distant parole. 248 00:12:35,928 --> 00:12:37,499 - You following this? - Yes. 249 00:12:38,483 --> 00:12:39,491 We should consider it. 250 00:12:40,030 --> 00:12:41,178 I want man two. 251 00:12:41,928 --> 00:12:43,780 I want a beach house in the Hamptons. 252 00:12:43,803 --> 00:12:44,694 Mr. Soin... 253 00:12:45,374 --> 00:12:48,210 I've tried to make you understand if this went to trial... 254 00:12:48,280 --> 00:12:49,733 That's exactly where it is going. 255 00:12:49,804 --> 00:12:52,264 I can't promise we'll do as well with a jury. 256 00:12:52,582 --> 00:12:53,894 I know. 257 00:12:54,761 --> 00:12:55,933 That's why you're fired. 258 00:12:57,738 --> 00:12:58,136 What? 259 00:12:58,617 --> 00:12:59,719 Unbelievable. 260 00:12:59,766 --> 00:13:02,274 Mr. Soin, it's a decent offer. I think I know how this should be done. 261 00:13:02,320 --> 00:13:03,469 Clearly, you don't. 262 00:13:03,891 --> 00:13:05,813 I've decided to represent myself. 263 00:13:13,583 --> 00:13:17,146 To my knowledges, no concept of the law attempting to defend himself. 264 00:13:18,013 --> 00:13:19,302 It's his right, Arthur. 265 00:13:19,476 --> 00:13:22,971 Ringmaster at a three ring circus in your courtroom. 266 00:13:23,177 --> 00:13:26,525 Barring he clucks like a chicken at his competency exam, my hands are tied. 267 00:13:26,574 --> 00:13:29,213 The man who serves as his own lawyer has a fool for a client. 268 00:13:29,238 --> 00:13:32,024 And every man has a constitutional right to be a fool. 269 00:13:33,921 --> 00:13:35,705 Did you invite me to lunch just to complain? 270 00:13:35,827 --> 00:13:37,709 You deny me such a simple pleasure. 271 00:13:38,222 --> 00:13:39,322 You worry too much. 272 00:13:39,963 --> 00:13:41,502 I think I can control my courtroom. 273 00:13:46,307 --> 00:13:49,020 Mr. Soin, I've reviewed your psychiatric evaluation 274 00:13:49,045 --> 00:13:51,244 and find you competent to stand trial. 275 00:13:51,577 --> 00:13:52,066 Okay. 276 00:13:52,163 --> 00:13:54,094 If you're permitted to represent yourself, 277 00:13:54,119 --> 00:13:56,514 you'll have to fully comply with the rules of evidence, 278 00:13:56,538 --> 00:13:59,031 criminal procedure, and the orders of this court. 279 00:13:59,056 --> 00:14:00,424 Even if you disagree with them. 280 00:14:00,576 --> 00:14:02,042 Yes, Your Honor. 281 00:14:02,189 --> 00:14:03,827 Please stand when addressing the bench. 282 00:14:05,611 --> 00:14:07,884 You cannot make speeches or try to testify. 283 00:14:08,289 --> 00:14:11,441 And when questioning witnesses, you will remain courteous at all times. 284 00:14:11,637 --> 00:14:12,663 Is that understood? 285 00:14:13,470 --> 00:14:13,934 Yes. 286 00:14:14,438 --> 00:14:17,395 It will be more difficult for you to get access to research, 287 00:14:17,468 --> 00:14:21,110 evidence, and witnesses due to the restrictions under which you are presently housed. 288 00:14:21,149 --> 00:14:22,884 I'm aware of that, but... 289 00:14:23,755 --> 00:14:25,734 ... I know what happened better than anybody else. 290 00:14:25,783 --> 00:14:29,791 For the record, I think it's unwise for any defendant to proceed without counsel. 291 00:14:30,099 --> 00:14:32,421 Especially in a case with this degree of significance. 292 00:14:32,617 --> 00:14:34,010 That said, I'm satisfied... 293 00:14:34,034 --> 00:14:36,649 ... that you understand what you're doing by waiving your right to counsel. 294 00:14:37,706 --> 00:14:39,441 And I'm allowing you to proceed Pro Se. 295 00:14:40,247 --> 00:14:41,298 Can I talk now? 296 00:14:44,979 --> 00:14:48,376 Thank you... for giving me a chance here. 297 00:14:48,914 --> 00:14:49,720 I really believe... 298 00:14:49,769 --> 00:14:52,971 Mr. Soin, I think you should probably save your opening for trial. 299 00:14:53,122 --> 00:14:54,930 Right. Okay. 300 00:14:56,592 --> 00:14:59,965 I'd like to file a request for visitation rights. 301 00:15:00,209 --> 00:15:01,383 Visitation of whom? 302 00:15:01,666 --> 00:15:04,110 My son Joey. He's out at the Furndale Clinic. 303 00:15:04,159 --> 00:15:06,896 And I usually go there every Thursday. I'd like to keep doing that. 304 00:15:07,107 --> 00:15:09,575 I'm afraid your situation has changed dramatically. 305 00:15:09,893 --> 00:15:10,822 Request denied. 306 00:15:18,421 --> 00:15:20,473 What's he saying I did now? 307 00:15:20,596 --> 00:15:22,844 You divorced Mr. Soin four years ago. 308 00:15:23,111 --> 00:15:24,699 Acrimony still run that deep? 309 00:15:24,724 --> 00:15:25,994 - You married? - No. 310 00:15:26,117 --> 00:15:27,412 Choose wisely. 311 00:15:27,965 --> 00:15:30,091 What does he want? More money? 312 00:15:30,433 --> 00:15:34,075 Actually, I'm not representing your ex-husband. I'm with the D.A.'s office. 313 00:15:35,815 --> 00:15:37,721 So, where'd you go on vacation? 314 00:15:37,941 --> 00:15:40,288 Costa Rica. Rain forest. 315 00:15:40,801 --> 00:15:41,901 What is this about? 316 00:15:41,963 --> 00:15:44,432 You haven't spoken to Mr. Soin since you've been out of town? 317 00:15:44,481 --> 00:15:46,265 I haven't spoken to him in years. 318 00:15:46,387 --> 00:15:50,297 The closest we get are the accusatory messages he leaves on my voice mail. 319 00:15:50,571 --> 00:15:51,891 What is this about? 320 00:15:52,013 --> 00:15:54,237 Mr. Soin's been arrested for murder. 321 00:15:54,800 --> 00:15:55,924 Oh, my God. 322 00:15:57,561 --> 00:15:59,810 - Who did he... - He shot and killed a woman at his bank. 323 00:15:59,825 --> 00:16:02,000 Now, about these messages he's been leaving you. What are they... 324 00:16:02,000 --> 00:16:04,517 No, no. I don't think I can talk to you anymore. 325 00:16:04,727 --> 00:16:05,632 I'm sorry. 326 00:16:08,335 --> 00:16:09,777 What'd the ex-wife have to say? 327 00:16:09,899 --> 00:16:11,023 Not too much. 328 00:16:11,097 --> 00:16:13,198 So I pulled everything I could on Soin. 329 00:16:13,678 --> 00:16:17,661 He's not the type to make headlines. Most of it's on his son's accident. 330 00:16:19,509 --> 00:16:20,340 Drunk driving? 331 00:16:20,682 --> 00:16:22,100 It happened on the way home from the city. 332 00:16:22,662 --> 00:16:25,130 The kid was celebrating his 18th birthday. 333 00:16:25,439 --> 00:16:27,296 He's been in a coma ever since. 334 00:16:28,628 --> 00:16:30,119 This is getting operatic. 335 00:16:30,194 --> 00:16:33,029 The Soins filed a civil suit against the bar where their kid got loaded. 336 00:16:33,175 --> 00:16:35,008 Let me guess, they lost. 337 00:16:35,732 --> 00:16:37,687 His ex met her new husband, the boy's doctor. 338 00:16:37,736 --> 00:16:39,154 She ditches Soin. 339 00:16:39,251 --> 00:16:41,500 All of which he'll try to bring in at trial. 340 00:16:41,613 --> 00:16:43,910 Valid reasons why a person might snap. 341 00:16:44,008 --> 00:16:45,474 Oh, please. 342 00:16:45,733 --> 00:16:48,299 We've all got laundry lists of reasons to snap. 343 00:16:48,348 --> 00:16:50,866 Come on, Tracy, Soin's at a breaking point. 344 00:16:51,125 --> 00:16:53,764 He keeps asking for help and no one listens. 345 00:16:53,838 --> 00:16:57,088 He shot a two-inch hole through Dana Burge's sternum. 346 00:16:57,152 --> 00:16:59,743 She's dead, he pulled the trigger. End of story. 347 00:17:00,745 --> 00:17:02,187 But why did he subpoena me? 348 00:17:02,470 --> 00:17:04,230 You were a paramedic at the scene. 349 00:17:04,303 --> 00:17:07,236 He might want someone impartial to walk the jury through the aftermath. 350 00:17:07,764 --> 00:17:10,306 I just got off the phone with legal services at Rikers. 351 00:17:10,355 --> 00:17:12,945 Soin's been requesting medical books from the library. 352 00:17:12,985 --> 00:17:15,013 - So? - So he's doing his homework. 353 00:17:15,233 --> 00:17:18,044 We know the subject is medicine. What we don't know is why. 354 00:17:18,939 --> 00:17:22,409 When you guys first entered the bank, where was Soin? 355 00:17:22,727 --> 00:17:24,633 On the floor with the victim... 356 00:17:25,185 --> 00:17:27,066 ... complaining about response time. 357 00:17:27,888 --> 00:17:31,871 And after the panic button was hit, how long was it before you entered the building? 358 00:17:32,091 --> 00:17:32,971 12 minutes. 359 00:17:33,231 --> 00:17:34,966 Response time was seven minutes. 360 00:17:35,455 --> 00:17:38,290 We had to wait another five for the cops to secure the scene. 361 00:17:38,989 --> 00:17:41,946 - If you had gotten there sooner... - How, fly? 362 00:17:42,117 --> 00:17:44,586 If you had gotten to Dana Burge sooner, 363 00:17:44,747 --> 00:17:46,800 is it possible she could have lived? 364 00:17:47,680 --> 00:17:48,706 We did our job. 365 00:17:53,414 --> 00:17:55,418 It's possible. 366 00:17:56,948 --> 00:17:57,974 You got a minute? 367 00:18:03,561 --> 00:18:06,348 Everybody's guilty except the guy who did the crime. 368 00:18:06,547 --> 00:18:07,207 Maybe not. 369 00:18:07,476 --> 00:18:10,165 Remember why Soin said he needed space on the therapy couch? 370 00:18:10,384 --> 00:18:11,509 Yeah, he got mugged. 371 00:18:11,729 --> 00:18:14,270 And made a big deal about how the cops dropped the ball. 372 00:18:14,310 --> 00:18:15,190 Well, we checked it out. 373 00:18:15,312 --> 00:18:17,536 There's no record of him ever reporting a mugging. 374 00:18:18,000 --> 00:18:18,611 He lied. 375 00:18:19,467 --> 00:18:20,884 Why would he lie about that? 376 00:18:21,314 --> 00:18:21,901 I don't know. 377 00:18:23,089 --> 00:18:25,313 Okay, if we're gonna use this, we gotta cover our asses. 378 00:18:25,362 --> 00:18:26,242 Check everything. 379 00:18:26,291 --> 00:18:29,248 The ERs, the local clinics, people who saw him at the time. Everything. 380 00:18:29,297 --> 00:18:29,859 Okay. 381 00:18:41,086 --> 00:18:41,722 Kibre. 382 00:18:42,113 --> 00:18:44,043 Collect call from: Andrew Soin. 383 00:18:44,998 --> 00:18:46,391 Will you accept the charges? 384 00:18:48,297 --> 00:18:49,152 I will. 385 00:18:49,837 --> 00:18:51,230 Burning the midnight oil? 386 00:18:51,743 --> 00:18:53,258 What can I do for you, Mr. Soin? 387 00:18:53,458 --> 00:18:56,269 I could use your order of witnesses. 388 00:18:56,269 --> 00:18:58,810 I'm under no obligation to give you that information. 389 00:18:59,055 --> 00:19:00,668 Just trying to get a fair trial here. 390 00:19:00,766 --> 00:19:03,430 It seems like everyone's going out of their way to make that impossible. 391 00:19:08,543 --> 00:19:09,276 Ms. Kibre? 392 00:19:11,207 --> 00:19:13,040 - Are you still there? - I'm still here. 393 00:19:13,470 --> 00:19:14,008 Good. 394 00:19:14,203 --> 00:19:16,427 For a minute there I thought you had hung up on me too. 395 00:19:17,038 --> 00:19:18,994 When people do that, bad things tend to happen. 396 00:19:21,746 --> 00:19:23,554 - Is that it? - For now. 397 00:19:42,089 --> 00:19:44,875 All of which who prove beyond a reasonnable doubt... 398 00:19:45,086 --> 00:19:49,778 ... that the man sitting before you is guilty of murder in the second degree. 399 00:19:53,203 --> 00:19:54,329 Approach. 400 00:19:58,568 --> 00:20:00,221 That means you too, Mr. Soin. 401 00:20:05,817 --> 00:20:07,948 Mr. Soin, we discussed this. 402 00:20:07,972 --> 00:20:10,415 You're permitted to wear your street clothes during trial. 403 00:20:10,439 --> 00:20:12,379 I want the jury to see me as I am. 404 00:20:12,443 --> 00:20:14,143 They can hear him in the stalls, Your Honor. 405 00:20:14,180 --> 00:20:18,875 Mr. Soin, let's get one thing clear, my courtroom is no place for games. 406 00:20:19,306 --> 00:20:22,492 However, I cannot force you to change out of your prison garb. 407 00:20:22,516 --> 00:20:24,504 - Your Honor, I'm gonna have to... - Please proceed. 408 00:20:34,918 --> 00:20:37,337 Look, one thing Ms. Kibre got right, I'm just a man. 409 00:20:38,679 --> 00:20:39,589 I work in a bank. 410 00:20:40,116 --> 00:20:44,930 The only time I ever stepped into this building was when I had jury duty like you guys. 411 00:20:45,360 --> 00:20:48,426 The reason I'm here now is because I can't trust anyone 412 00:20:48,656 --> 00:20:50,836 to care as much about this case as I do. 413 00:20:51,554 --> 00:20:52,728 They're gonna tell you what I did, 414 00:20:53,135 --> 00:20:54,309 but they won't tell you why. 415 00:20:55,078 --> 00:20:58,599 And I'm sure that they have expert witnesses and visual aids. 416 00:20:58,838 --> 00:21:00,108 I know that they have law degrees. 417 00:21:00,156 --> 00:21:04,012 Mr. Soin, do I have to remind you of the rules we agreed on? 418 00:21:04,443 --> 00:21:04,994 Sorry. 419 00:21:09,380 --> 00:21:11,871 Best that I can do, in fact, the only thing that I can do is... 420 00:21:13,571 --> 00:21:15,823 ... is tell you my side of things as honestly as I can. 421 00:21:16,234 --> 00:21:18,916 I know that their job is to make you believe that I'm a bad guy. 422 00:21:18,940 --> 00:21:20,305 But if you hear me out, 423 00:21:21,862 --> 00:21:24,329 I think you'll find I'm just like you. 424 00:21:26,320 --> 00:21:29,386 Mr. Reddy, were you shot by the defendant, Mr. Soin? 425 00:21:29,913 --> 00:21:30,847 In the arm. 426 00:21:31,613 --> 00:21:33,601 He shattered my humerus. 427 00:21:34,716 --> 00:21:37,399 I'd like to show what's been previously marked... 428 00:21:38,155 --> 00:21:41,101 - ... as People's 37. - You may publish it. 429 00:21:41,473 --> 00:21:42,216 Objection. 430 00:21:42,264 --> 00:21:45,450 You have to tell me the basis of the objection before I can rule on it. 431 00:21:45,689 --> 00:21:47,653 The images on that tape, they're deeply disturbing. 432 00:21:47,677 --> 00:21:49,833 I don't think the jury needs to see them. 433 00:21:50,157 --> 00:21:52,529 - Overruled. - Can't she just describe what happened? 434 00:21:52,624 --> 00:21:53,894 Mr. Soin, sit down. 435 00:22:24,568 --> 00:22:25,790 Why were you in the bank? 436 00:22:26,485 --> 00:22:27,730 To get some dollar coins. 437 00:22:27,750 --> 00:22:30,481 My daughter's first tooth fell out, so... 438 00:22:30,673 --> 00:22:32,685 ... it was going to be from the tooth fairy. 439 00:22:33,858 --> 00:22:35,870 When did you first see Mr. Soin? 440 00:22:36,099 --> 00:22:39,045 When he entered the lobby. I thought he was going to lunch. 441 00:22:39,117 --> 00:22:41,680 - Then what happened? - I saw he had a gun... 442 00:22:41,824 --> 00:22:43,189 ... and he just began to fire. 443 00:22:45,084 --> 00:22:48,293 Was Mr. Soin panicked or distraught? 444 00:22:48,820 --> 00:22:51,527 No, his face was a blank. 445 00:22:52,871 --> 00:22:54,284 He looked completely at peace. 446 00:22:56,296 --> 00:22:58,954 - That's all for this witness. - Mr. Soin. 447 00:23:06,149 --> 00:23:09,502 Mr. Reddy, I know it doesn't sound like much coming from the man who shot you, 448 00:23:09,526 --> 00:23:12,520 but at this moment it's all I have to give. 449 00:23:12,576 --> 00:23:15,594 - I'm so deeply sorry. - Objection. 450 00:23:16,336 --> 00:23:17,606 This isn't a confessional. 451 00:23:18,303 --> 00:23:20,602 Mr. Soin, do you have an actual question for this witness? 452 00:23:20,914 --> 00:23:24,866 I've put Mr. Reddy and all the other people that I hurt through enough already. 453 00:23:24,986 --> 00:23:26,710 No, I don't have any questions. 454 00:23:33,246 --> 00:23:34,827 It sucks putting your life on hold. 455 00:23:34,851 --> 00:23:38,683 Yeah, tell me about it. I got an 86-year-old mother at home. 456 00:23:39,363 --> 00:23:40,968 She probably burned the house down by now. 457 00:23:41,016 --> 00:23:42,621 At least we got an interesting case. 458 00:23:42,860 --> 00:23:43,435 Think so? 459 00:23:43,531 --> 00:23:45,662 Buddy of mine spent two weeks on a civil jury... 460 00:23:45,686 --> 00:23:48,345 ... listening to people argue about a root canal gone bad. 461 00:23:48,382 --> 00:23:50,801 Yeah, well, I'd take boring over this. We'd be home sooner. 462 00:23:51,065 --> 00:23:54,418 At least if the guy had himself a lawyer, they wouldn't waste so much time on all... 463 00:23:54,466 --> 00:23:55,065 Hey, guys. 464 00:23:55,403 --> 00:23:56,529 Is, uh, he coming back? 465 00:24:03,847 --> 00:24:06,075 You guys weren't, uh, talking about the case, were you? 466 00:24:07,464 --> 00:24:08,901 What are you, the jury Nazi? 467 00:24:10,112 --> 00:24:12,172 Anybody want coffee? I'm buying. 468 00:24:12,771 --> 00:24:14,591 No, thanks. Makes me jumpy. 469 00:24:23,770 --> 00:24:26,022 Well, you did really well up there on the stand. 470 00:24:26,094 --> 00:24:26,813 Well, that was easy. 471 00:24:26,861 --> 00:24:29,759 I mean, I already knew the questions Ms. Kibre would be asking. 472 00:24:29,998 --> 00:24:31,076 It's the next part. 473 00:24:31,244 --> 00:24:34,621 I mean, what's Soin gonna want to know that I haven't already said? 474 00:24:34,874 --> 00:24:36,574 I buried Dana next to her parents. 475 00:24:36,622 --> 00:24:38,850 - Do I know you? - You killed my wife. 476 00:24:39,534 --> 00:24:42,264 - No, no, look... - No, you could have sent someone to stop him. 477 00:24:42,336 --> 00:24:45,570 If you just talked to him a few minutes longer, just kept him on the line. 478 00:24:46,100 --> 00:24:47,058 I blame you. 479 00:24:58,876 --> 00:24:59,547 It's okay. 480 00:25:01,056 --> 00:25:04,936 Certain jurors may have been inadvertently exposed to out-of-court statements... 481 00:25:04,990 --> 00:25:07,146 ... which could affect their ability to remain impartial. 482 00:25:07,170 --> 00:25:08,439 What has led you to this belief? 483 00:25:08,501 --> 00:25:12,045 They witnessed an altercation between a witness and the victim's husband. 484 00:25:12,069 --> 00:25:14,752 We believe this requires an immediate inquiry. 485 00:25:15,675 --> 00:25:18,310 Did you see anything in the hallway as you returned to the jury room? 486 00:25:18,358 --> 00:25:20,322 Yeah, I think it was the victim's husband. 487 00:25:20,681 --> 00:25:22,622 He was talking to the operator, Mr. Mudgett. 488 00:25:22,841 --> 00:25:26,194 Did hearing that conversation impact your ability to remain fair and impartial? 489 00:25:26,266 --> 00:25:28,541 Um, no, I can honestly say that it didn't. 490 00:25:30,098 --> 00:25:31,655 If it did, could I get to go home? 491 00:25:32,089 --> 00:25:35,418 Did it cause you to form an opinion for or against one party or the other? 492 00:25:35,801 --> 00:25:36,592 It didn't change it. 493 00:25:36,999 --> 00:25:39,083 So you're admitting that you've already formed an opinion? 494 00:25:39,490 --> 00:25:40,759 They're making it impossible not to. 495 00:25:40,797 --> 00:25:43,647 I mean, come on, he's up there alone against people who do this for a living. 496 00:25:43,671 --> 00:25:48,006 In my instructions to the jury, I explained that Mr. Soin made the choice to represent himself. 497 00:25:48,009 --> 00:25:49,661 And he's doing a pretty good job of it too. 498 00:25:50,380 --> 00:25:51,913 He's kicking those girls' asses. 499 00:25:52,775 --> 00:25:56,224 As you can see juror number nine has been replaced by an alternate. 500 00:25:56,669 --> 00:25:59,279 You are not to speculate as to the reason why. 501 00:25:59,998 --> 00:26:02,681 Mr. Soin, you may begin your cross-examination. 502 00:26:07,084 --> 00:26:09,479 What experience do you have on the switchboard? 503 00:26:09,862 --> 00:26:10,628 Three years. 504 00:26:10,700 --> 00:26:12,640 I'm there on account of my medical condition. 505 00:26:13,189 --> 00:26:15,177 No, I guess I have to be more specific. 506 00:26:16,997 --> 00:26:18,817 Did you ever go through any official training, 507 00:26:18,844 --> 00:26:21,742 sit in on any calls before you answered them yourself? 508 00:26:21,862 --> 00:26:22,508 No. 509 00:26:22,844 --> 00:26:24,017 How long is your shift? 510 00:26:24,616 --> 00:26:25,718 I just work lunch. 511 00:26:26,173 --> 00:26:29,023 That's just an hour. What do you do the rest of the time? 512 00:26:29,228 --> 00:26:30,234 Fix things. 513 00:26:30,929 --> 00:26:31,935 A burnt-out light bulb. 514 00:26:32,954 --> 00:26:36,523 Sometimes a toilet in the holding cell backs up... 515 00:26:36,619 --> 00:26:39,158 ... or a desk drawer gets stuck. 516 00:26:39,377 --> 00:26:40,934 Pretty much whatever the guys need. 517 00:26:41,437 --> 00:26:44,862 When you were first asked if I called the police switchboard, you lied, didn't you? 518 00:26:46,682 --> 00:26:47,305 Yes. 519 00:26:47,544 --> 00:26:49,269 The D.A. ever investigate you? 520 00:26:49,461 --> 00:26:49,964 No. 521 00:26:50,086 --> 00:26:51,044 Prosecute you? 522 00:26:51,092 --> 00:26:51,499 No. 523 00:26:51,667 --> 00:26:54,086 You lied to the authorities. You obstructed justice. 524 00:26:54,110 --> 00:26:56,170 Objection. Badgering. 525 00:26:57,045 --> 00:27:00,518 I'd like to request a motion to dismiss for... 526 00:27:00,638 --> 00:27:03,728 ... prosecutorial misconduct. 527 00:27:04,354 --> 00:27:06,079 - Your Honor! - Chambers. 528 00:27:08,306 --> 00:27:12,833 Mudgett's testimony, it was given in exchange for not being punished. 529 00:27:12,823 --> 00:27:15,793 - There was no offer in this case. - There was an agreement. 530 00:27:15,936 --> 00:27:19,936 It wasn't disclosed. That's a Brady violation. 531 00:27:20,261 --> 00:27:21,650 Someone's been studying. 532 00:27:21,746 --> 00:27:23,926 Unless your office intends to open an investigation 533 00:27:23,986 --> 00:27:25,806 into Mr. Mudgett, he has an argument. 534 00:27:25,806 --> 00:27:26,644 Your Honor! 535 00:27:26,740 --> 00:27:28,704 The defendant's motion to dismiss is denied. 536 00:27:28,814 --> 00:27:32,000 However, I will instruct the jury that they may consider the possibility... 537 00:27:32,096 --> 00:27:35,737 ... that the operator's testimony was induced by a promise not to prosecute. 538 00:27:36,636 --> 00:27:37,259 Thank you. 539 00:27:41,454 --> 00:27:43,298 Are you and Mr. Soin friendly? 540 00:27:43,514 --> 00:27:44,568 We work together. 541 00:27:45,502 --> 00:27:46,652 We get along, sure. 542 00:27:47,202 --> 00:27:48,568 Have you ever been to his apartment? 543 00:27:49,214 --> 00:27:49,885 Once. 544 00:27:51,335 --> 00:27:52,533 Did you go there from the bank? 545 00:27:53,060 --> 00:27:53,491 Yeah. 546 00:27:53,803 --> 00:27:55,503 How long did it take you to get there? 547 00:27:55,886 --> 00:27:56,821 Ten minutes, maybe. 548 00:27:59,937 --> 00:28:00,703 Ten minutes? 549 00:28:01,230 --> 00:28:02,284 You're sure of that? 550 00:28:02,452 --> 00:28:02,811 Yeah. 551 00:28:06,430 --> 00:28:07,676 No further questions. 552 00:28:10,502 --> 00:28:12,394 How did the police know to come to the bank? 553 00:28:12,538 --> 00:28:14,622 Objection. Calls for speculation. 554 00:28:14,646 --> 00:28:15,700 Sustained. 555 00:28:16,083 --> 00:28:17,353 Did someone hit a panic button? 556 00:28:17,476 --> 00:28:18,099 Yes. 557 00:28:18,554 --> 00:28:19,656 How many buttons do we have? 558 00:28:19,919 --> 00:28:20,470 Three. 559 00:28:20,638 --> 00:28:21,356 Where are they? 560 00:28:22,075 --> 00:28:23,632 Nora Phelps has one at her counter, 561 00:28:24,350 --> 00:28:25,284 but she was out sick. 562 00:28:25,883 --> 00:28:26,817 Who has the second button? 563 00:28:27,176 --> 00:28:27,751 I do. 564 00:28:27,802 --> 00:28:28,616 Did you trigger it? 565 00:28:28,856 --> 00:28:29,790 No, I didn't. 566 00:28:30,101 --> 00:28:31,059 Where's the third button? 567 00:28:31,922 --> 00:28:33,263 At your desk, Andrew. 568 00:28:35,155 --> 00:28:37,431 I'd like to cue up the bank videotape. 569 00:28:44,164 --> 00:28:45,313 This is the bank lobby. 570 00:28:45,949 --> 00:28:49,087 That's me, standing at my desk before the shooting started? 571 00:28:49,566 --> 00:28:49,997 Yeah. 572 00:28:50,333 --> 00:28:51,698 So who hit the panic button? 573 00:28:52,033 --> 00:28:52,584 You did. 574 00:28:52,683 --> 00:28:53,881 Objection! 575 00:28:54,049 --> 00:28:54,911 Sustained. 576 00:29:02,110 --> 00:29:06,110 - Damn it, did you see the jury? - They're buying what he's selling. 577 00:29:06,171 --> 00:29:08,255 - So we'll re-direct. - No, it's too late. 578 00:29:08,279 --> 00:29:10,722 We dropped the ball. The jury's not listening to the facts. 579 00:29:10,759 --> 00:29:12,292 They're listening to the guy who's avoiding them. 580 00:29:12,316 --> 00:29:15,070 And right now, he's a hell of a lot more compelling than we are. 581 00:29:15,190 --> 00:29:16,053 Is it safe? 582 00:29:16,771 --> 00:29:18,759 It depends. You got something to cheer me up? 583 00:29:18,977 --> 00:29:22,139 Your victim doesn't have a bank account at Midtown Savings in her name. 584 00:29:22,378 --> 00:29:23,480 Well, that can't be right. 585 00:29:23,504 --> 00:29:25,947 Dana Burge cashed her paycheck there every other Friday. 586 00:29:25,984 --> 00:29:28,236 Dana Burge didn't. Dana Landin did. 587 00:29:28,356 --> 00:29:29,458 I ran the Social. 588 00:29:29,601 --> 00:29:31,278 She uses her maiden name still. 589 00:29:32,188 --> 00:29:33,386 How did I miss that? 590 00:29:33,988 --> 00:29:34,802 Miss what? 591 00:29:35,521 --> 00:29:39,377 Dana Landin is the bartender who served Joey Soin the night of his accident. 592 00:29:41,413 --> 00:29:42,898 The shooting wasn't random? 593 00:29:42,946 --> 00:29:44,527 Soin knew the victim? 594 00:29:45,344 --> 00:29:46,781 It was vengeance. 595 00:29:48,122 --> 00:29:49,943 The jury's gonna listen to that. 596 00:29:53,692 --> 00:29:56,207 Where was your son on the night of his accident? 597 00:29:56,302 --> 00:29:59,302 In the city, celebrating his 18th birthday. 598 00:29:59,633 --> 00:30:00,129 Where? 599 00:30:00,814 --> 00:30:01,712 At a bar. 600 00:30:01,759 --> 00:30:05,775 - Why is this even relevant? - Mr. Soin, sit down! 601 00:30:07,441 --> 00:30:09,071 Did he ever come home that night? 602 00:30:10,995 --> 00:30:12,129 You know he didn't. 603 00:30:12,507 --> 00:30:17,303 You and your ex-husband, the defendant, filed a civil suit against the bar... 604 00:30:17,468 --> 00:30:18,555 ... and lost, 605 00:30:19,003 --> 00:30:19,641 didn't you? 606 00:30:20,129 --> 00:30:20,602 Yes. 607 00:30:20,838 --> 00:30:24,830 Did Mr. Soin say that he blamed the bar for your son's accident? 608 00:30:25,610 --> 00:30:28,137 They served a child a half a bottle of tequila. 609 00:30:28,728 --> 00:30:30,405 Can't you see she's upsetting her? 610 00:30:31,044 --> 00:30:32,083 Let's move it along. 611 00:30:32,579 --> 00:30:36,430 Did Mr. Soin know the victim, Dana Landin Burge? 612 00:30:36,571 --> 00:30:38,414 - Objection. - Overruled. 613 00:30:39,016 --> 00:30:44,804 Dana Burge was the bartender who served your son on the night of the accident, wasn't she? 614 00:30:44,875 --> 00:30:46,056 You don't have to answer that. 615 00:30:46,908 --> 00:30:47,664 Mrs. Webber. 616 00:30:48,633 --> 00:30:49,271 Yes. 617 00:30:50,617 --> 00:30:51,633 Yes, she was. 618 00:30:56,072 --> 00:30:57,041 Thank you. 619 00:30:57,584 --> 00:30:58,765 No further questions. 620 00:31:03,466 --> 00:31:05,804 When did our marriage end? 621 00:31:07,060 --> 00:31:09,989 When we realized our son was never coming home... 622 00:31:10,674 --> 00:31:11,950 This isn't helping. 623 00:31:14,029 --> 00:31:15,186 After the accident... 624 00:31:16,416 --> 00:31:18,778 I started taking medication, didn't I? 625 00:31:19,628 --> 00:31:20,195 Yes. 626 00:31:20,988 --> 00:31:22,759 It was for depression, wasn't it? 627 00:31:22,807 --> 00:31:23,562 Objection. 628 00:31:24,177 --> 00:31:25,948 - Foundation. - Sustained. 629 00:31:26,846 --> 00:31:28,027 We'd just lost our son. 630 00:31:29,704 --> 00:31:31,358 I told you I was depressed, didn't I? 631 00:31:31,501 --> 00:31:32,587 Objection. 632 00:31:32,894 --> 00:31:34,619 - Hearsay. - Sustained. 633 00:31:34,831 --> 00:31:37,052 Your Honor, may we approach? 634 00:31:44,790 --> 00:31:48,924 Your Honor, if Mr. Soin wants to testify, I suggest he do it from the stand. 635 00:31:49,113 --> 00:31:50,884 Do you have anything further for this witness? 636 00:31:51,050 --> 00:31:51,499 No. 637 00:31:52,953 --> 00:31:54,748 - Thank you, Your Honor. - You may step back. 638 00:31:56,000 --> 00:31:57,583 Mrs. Webber, you may be excused. 639 00:31:59,980 --> 00:32:01,965 The prosecution rests. 640 00:32:02,130 --> 00:32:03,122 Mr. Soin. 641 00:32:03,382 --> 00:32:07,067 Then I'd like to call myself, Andrew Soin, to the witness stand. 642 00:32:11,321 --> 00:32:15,856 Mr. Soin, can you tell us what happened on August 7, 1982? 643 00:32:16,637 --> 00:32:18,243 My son Joey was born. 644 00:32:18,338 --> 00:32:21,598 Mr. Soin, I think a simple narrative will work just fine. 645 00:32:21,810 --> 00:32:22,826 Oh, okay. 646 00:32:23,535 --> 00:32:24,598 He was an only child. 647 00:32:25,614 --> 00:32:26,818 We really wanted a boy. 648 00:32:27,882 --> 00:32:28,756 When we got one... 649 00:32:29,182 --> 00:32:31,709 - Being a father, it changed everything. - Objection. 650 00:32:31,851 --> 00:32:33,930 - Relevance? - You know, it goes to my state of mind. 651 00:32:34,544 --> 00:32:35,323 I'll allow it. 652 00:32:36,021 --> 00:32:37,226 On the day of the accident, 653 00:32:37,675 --> 00:32:39,848 Joey was at football practice. 654 00:32:39,990 --> 00:32:41,454 Starting fullback. 655 00:32:42,211 --> 00:32:43,676 Afterwards, I took him out... 656 00:32:43,889 --> 00:32:47,668 ... and I bought him a wake board... 657 00:32:48,802 --> 00:32:50,999 - ... for his birthday to use... - Your Honor, 658 00:32:51,862 --> 00:32:55,925 Mr. Soin is facing a murder charge, not stumping for father of the year. 659 00:32:55,984 --> 00:32:59,079 Mr. Soin, you have to limit yourself to the facts of this case. 660 00:33:00,556 --> 00:33:02,658 Joey is this case. 661 00:33:02,729 --> 00:33:05,186 - Mr. Soin. - You wanna know what he did today? 662 00:33:05,955 --> 00:33:09,711 He had his catheter changed and got dialysis, which he gets twice a week. 663 00:33:09,770 --> 00:33:12,345 Mr. Soin. If you don't stop, I'll have to hold you in contempt. 664 00:33:12,416 --> 00:33:13,880 And do what? Throw me in jail? 665 00:33:13,893 --> 00:33:15,972 What can you take from me that hasn't already been taken? 666 00:33:16,019 --> 00:33:16,515 Guard. 667 00:33:16,633 --> 00:33:18,688 Please, look at this. This is my son. 668 00:33:18,747 --> 00:33:19,550 This is who he was. 669 00:33:19,621 --> 00:33:21,274 Your Honor. Objection. 670 00:33:21,347 --> 00:33:23,992 Mr. Soin! This is Joey now. 671 00:33:24,052 --> 00:33:26,721 - Objection! - That's my son, all right? 672 00:33:26,768 --> 00:33:28,115 For God's sake. 673 00:33:28,658 --> 00:33:29,626 All right, all right! 674 00:33:37,985 --> 00:33:38,859 You going somewhere? 675 00:33:39,355 --> 00:33:41,126 Exorcizing my demons. 676 00:33:41,759 --> 00:33:44,215 There's a good chance the jury won't see through Soin's act. 677 00:33:44,310 --> 00:33:46,507 If you plan on making a go of the bench, 678 00:33:47,157 --> 00:33:49,260 may I suggest looking for the silver lining? 679 00:33:49,472 --> 00:33:51,315 Justice is about to take a detour. 680 00:33:51,374 --> 00:33:52,484 Where's the silver in that? 681 00:33:52,555 --> 00:33:56,689 The appellate courts don't review not-guiltys, so you won't get spanked. 682 00:33:56,843 --> 00:33:57,836 For what? 683 00:33:57,954 --> 00:34:00,528 Ah, no, no, no. Don't make me the bad guy. 684 00:34:00,812 --> 00:34:01,875 Why break a habit? 685 00:34:02,691 --> 00:34:04,982 Seriously, Your Honor, what would you have done differently? 686 00:34:05,077 --> 00:34:05,785 Well... 687 00:34:06,364 --> 00:34:08,726 I would have forced the issue of stand-by counsel. 688 00:34:09,270 --> 00:34:10,994 Found someone who could control Soin. 689 00:34:11,550 --> 00:34:12,661 I followed the letter of the law. 690 00:34:12,708 --> 00:34:14,857 I'm not talking procedure, we're talking practicality. 691 00:34:14,976 --> 00:34:16,676 Not to mention self-interest. 692 00:34:17,881 --> 00:34:19,109 You can't deny it's an issue. 693 00:34:19,158 --> 00:34:20,221 Of course, I'm denying it. 694 00:34:20,221 --> 00:34:22,772 And I would not have let the case get bogged down... 695 00:34:22,843 --> 00:34:25,040 ... with the investigation of the operator. 696 00:34:26,257 --> 00:34:28,501 - That was a necessity, I... - That was a distraction. 697 00:34:28,986 --> 00:34:31,702 Please, you're catering to an amateur. 698 00:34:37,206 --> 00:34:38,246 How are we feeling? 699 00:34:38,578 --> 00:34:40,492 - Cooperative, I hope. - Yes, Your Honor. 700 00:34:41,909 --> 00:34:42,641 Ms. Kibre? 701 00:34:44,531 --> 00:34:45,382 Mr. Soin, 702 00:34:46,988 --> 00:34:49,067 you called the police switchboard for help. 703 00:34:50,910 --> 00:34:53,627 - Why not 911? - I asked for help. 704 00:34:54,938 --> 00:34:56,402 Don't know why it matters who I called. 705 00:34:56,473 --> 00:35:01,080 Well, you didn't call 911 because you knew that they could find you and stop you, 706 00:35:01,552 --> 00:35:03,229 and you didn't want to be stopped, did you? 707 00:35:03,468 --> 00:35:04,105 Of course I did. 708 00:35:04,365 --> 00:35:07,767 Well, then why didn't you go to the precinct and turn yourself in? 709 00:35:08,594 --> 00:35:10,460 You didn't do that, did you? 710 00:35:11,227 --> 00:35:12,338 You went to the bank. 711 00:35:12,857 --> 00:35:15,739 And the first thing I did was press the panic button. 712 00:35:15,881 --> 00:35:19,684 Only after you saw Dana Burge enter the bank. 713 00:35:20,159 --> 00:35:20,702 Yeah, 714 00:35:21,718 --> 00:35:23,230 she came in every other Friday. 715 00:35:23,584 --> 00:35:26,513 And every time she came in, it all came back. 716 00:35:26,549 --> 00:35:30,659 The call from the police about Joey's accident. The drive to the hospital. 717 00:35:30,753 --> 00:35:32,242 It's why I called for help. 718 00:35:32,927 --> 00:35:34,037 I couldn't take it anymore. 719 00:35:34,463 --> 00:35:37,487 So you alerted the police to a crime... 720 00:35:37,747 --> 00:35:40,392 ... that you knew would be over by the time they arrived. 721 00:35:40,416 --> 00:35:42,424 It's not my fault that they took so long. 722 00:35:42,460 --> 00:35:45,956 Oh, right, the police dropped the ball once before, didn't they? 723 00:35:46,027 --> 00:35:47,279 Objection. Relevance. 724 00:35:47,421 --> 00:35:48,696 Goes to credibility. 725 00:35:48,815 --> 00:35:49,901 I'll allow it. 726 00:35:52,359 --> 00:35:53,257 I was mugged. 727 00:35:53,635 --> 00:35:54,509 They were useless. 728 00:35:55,005 --> 00:35:57,013 Which precinct did you report that to? 729 00:35:58,301 --> 00:36:00,333 Who was the officer who took your statement? 730 00:36:00,393 --> 00:36:01,692 I don't remember his name. 731 00:36:01,739 --> 00:36:03,799 You don't remember his name because you didn't report it. 732 00:36:03,837 --> 00:36:06,539 Because the mugging never happened, did it? 733 00:36:08,286 --> 00:36:09,538 I filed the report. 734 00:36:10,102 --> 00:36:12,205 If the police lost it, it is their fault. 735 00:36:12,323 --> 00:36:14,945 Well, nothing's ever your fault. 736 00:36:15,134 --> 00:36:16,646 She can't say that, can she? 737 00:36:16,740 --> 00:36:17,874 No, she can't. 738 00:36:18,052 --> 00:36:20,982 The jury is instructed to disregard Ms. Kibre's remark. 739 00:36:24,159 --> 00:36:27,442 You called the switchboard for help, and they hung up? 740 00:36:27,584 --> 00:36:28,104 Yes. 741 00:36:28,447 --> 00:36:32,416 And you waited in your apartment one hour for someone to come? 742 00:36:32,439 --> 00:36:32,935 That's right. 743 00:36:33,857 --> 00:36:34,400 Okay. 744 00:36:34,968 --> 00:36:36,976 If you called the switchboard... 745 00:36:37,921 --> 00:36:41,488 ... at 12:36 and waited one hour, 746 00:36:42,823 --> 00:36:45,705 how'd you get to the bank by 12:58? 747 00:36:47,524 --> 00:36:50,382 - Objection. - What is the basis of your objection? 748 00:36:50,714 --> 00:36:53,998 No, uh, the time on the videotape must be wrong. 749 00:36:54,187 --> 00:36:55,108 Overruled. 750 00:36:55,557 --> 00:36:56,785 Mr. Soin, 751 00:36:57,034 --> 00:37:01,593 the operator transferred you to 911 and you hung up, didn't you? 752 00:37:03,082 --> 00:37:04,263 That's not how it happened. 753 00:37:04,511 --> 00:37:07,936 You walked into the bank, you pressed the panic button, 754 00:37:08,030 --> 00:37:09,519 and started shooting. 755 00:37:09,602 --> 00:37:12,697 Knowing that the police wouldn't be able to get there in time. 756 00:37:12,780 --> 00:37:16,819 You faked a mugging to justify getting a gun permit. 757 00:37:16,961 --> 00:37:17,740 No. 758 00:37:18,226 --> 00:37:22,737 Isn't it true that you blamed Dana Burge for your son's accident? 759 00:37:22,798 --> 00:37:28,018 And now you're blaming everybody else for the murder you committed? 760 00:37:35,567 --> 00:37:39,678 She took my son away from me and she went back to her normal life. 761 00:37:39,725 --> 00:37:40,764 No more questions. 762 00:37:42,961 --> 00:37:46,245 I'm sorry. He'll never know a normal life again. 763 00:37:47,343 --> 00:37:48,902 You're dismissed, Mr. Soin. 764 00:37:52,009 --> 00:37:52,977 He was my son. 765 00:37:56,851 --> 00:37:58,481 He was my responsibility. 766 00:38:16,991 --> 00:38:20,014 Let the record reflect all parties have had the opportunity to read the note... 767 00:38:20,038 --> 00:38:22,637 ... I received from the jury foreman Sharaud Williams. 768 00:38:23,585 --> 00:38:26,112 Mr. Williams, this meeting is highly unorthodox. 769 00:38:26,278 --> 00:38:28,404 It could compromise the sanctity of the jury room. 770 00:38:28,475 --> 00:38:29,750 Not to mention the verdict. 771 00:38:30,199 --> 00:38:31,498 I'm just asking you to hear me out. 772 00:38:31,688 --> 00:38:33,862 If it has to do with deliberations, I can't. 773 00:38:33,932 --> 00:38:34,759 Then we've got a problem, 774 00:38:34,783 --> 00:38:37,594 because the group's having a hard time limiting ourselves to the facts. 775 00:38:37,712 --> 00:38:41,114 As I instructed the jury before, that's the only thing to consider. 776 00:38:41,376 --> 00:38:42,628 Stick to the evidence. 777 00:38:42,675 --> 00:38:45,698 Don't be swayed by your emotions for one side or the other. 778 00:38:47,848 --> 00:38:50,777 With all due respect, what you're asking for is just not gonna happen. 779 00:38:51,167 --> 00:38:53,529 - He's got no lawyer. -That was his choice. 780 00:38:53,600 --> 00:38:55,443 And not an issue for you to consider. 781 00:38:55,537 --> 00:38:56,671 He called for help. 782 00:38:56,967 --> 00:39:00,062 - His son is... - I can't talk about deliberations. 783 00:39:01,551 --> 00:39:03,299 Look, everybody has an obligation here. 784 00:39:03,512 --> 00:39:05,874 Ms. Kibre had to prove her case beyond a reasonable doubt. 785 00:39:05,968 --> 00:39:07,598 Mr. Soin had to defend himself. 786 00:39:07,693 --> 00:39:09,228 And I had to keep it all in line. 787 00:39:09,323 --> 00:39:13,008 But now you have an obligation to decide where justice is in this case. 788 00:39:13,316 --> 00:39:14,568 No one else can do that. 789 00:39:15,088 --> 00:39:16,103 That's all you can give me. 790 00:39:16,977 --> 00:39:18,159 I think that's enough. 791 00:39:30,987 --> 00:39:32,358 I wasn't sure you'd come. 792 00:39:32,936 --> 00:39:33,928 You called. 793 00:39:35,440 --> 00:39:36,645 I was curious. 794 00:39:37,461 --> 00:39:39,185 The jury's taking an awfully long time. 795 00:39:39,587 --> 00:39:40,886 It could mean many things. 796 00:39:42,091 --> 00:39:43,272 Like it's going my way. 797 00:39:45,021 --> 00:39:45,895 You're half right. 798 00:39:48,281 --> 00:39:49,108 Man two. 799 00:39:51,814 --> 00:39:54,152 Five to seven years for killing Dana Burge. 800 00:39:54,577 --> 00:39:56,467 Not to mention the other two people you shot. 801 00:39:58,204 --> 00:39:59,645 It's not gonna happen. 802 00:40:00,000 --> 00:40:00,921 You won't look bad. 803 00:40:01,216 --> 00:40:03,791 Guy on the street doesn't know the difference between murder two and man two. 804 00:40:04,500 --> 00:40:05,090 I do. 805 00:40:05,894 --> 00:40:06,980 Okay. 806 00:40:08,989 --> 00:40:10,784 But if you walk out of here without a deal... 807 00:40:11,092 --> 00:40:12,816 ... and that jury comes back in my favor, 808 00:40:13,005 --> 00:40:14,351 you only got yourself to blame. 809 00:40:18,648 --> 00:40:19,924 I'm sensing a theme. 810 00:40:46,063 --> 00:40:47,244 Please be seated. 811 00:40:53,555 --> 00:40:55,823 Mr. Soin, would you please stand and face the jury? 812 00:41:00,689 --> 00:41:02,177 Has the jury reached a verdict? 813 00:41:04,698 --> 00:41:05,784 We have, Your Honor. 814 00:41:09,424 --> 00:41:12,117 On the charge of murder in the second degree, how do you find? 815 00:41:14,408 --> 00:41:15,590 We find the defendant... 816 00:41:15,920 --> 00:41:16,652 ... guilty. 817 00:41:20,647 --> 00:41:23,411 On the charge of assault in the first degree, how do you find? 818 00:41:24,143 --> 00:41:25,300 We find the defendant... 819 00:41:25,773 --> 00:41:26,411 ... guilty. 820 00:41:32,364 --> 00:41:33,002 Thank you. 821 00:41:48,978 --> 00:41:49,994 Uh, excuse me. 822 00:41:50,112 --> 00:41:52,143 Can you give this to Mr. Soin for me, please? 823 00:41:56,602 --> 00:41:59,106 IT WASN'T ALL YOUR FAULT 824 00:42:06,401 --> 00:42:07,984 Soin got his revenge. 825 00:42:08,338 --> 00:42:09,708 And a guilty verdict. 826 00:42:10,565 --> 00:42:12,856 Neither of which will bring back his son. 827 00:42:14,108 --> 00:42:16,258 Tragedy begets tragedy. 828 00:42:16,825 --> 00:42:18,455 You won't find this one in Euripides. 829 00:42:18,502 --> 00:42:20,722 He filed for bankruptcy a week before the shootings. 830 00:42:21,203 --> 00:42:23,494 No wonder he pushed so hard for man two. 831 00:42:25,065 --> 00:42:28,041 He'd have got five to seven and walked with a clean slate. 832 00:42:28,343 --> 00:42:30,280 Now he's looking at 25 to life. 833 00:42:31,319 --> 00:42:33,445 For that, I'll gladly take the blame.64262

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