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1
00:00:03,097 --> 00:00:06,968
I don't understand.
You've got all the evidence.
2
00:00:07,001 --> 00:00:09,637
He knows he killed her.
What defense could he have?
3
00:00:09,670 --> 00:00:11,305
Honestly, I don't know.
4
00:00:11,339 --> 00:00:12,606
I thought insanity,
5
00:00:12,640 --> 00:00:16,110
but I guess they can't find
a shrink willing to testify.
6
00:00:17,445 --> 00:00:21,249
I prayed he'd plead guilty
so this would be over.
7
00:00:25,653 --> 00:00:27,188
Well, we don't start
for another hour.
8
00:00:27,221 --> 00:00:30,724
We can still offer him a deal.
9
00:00:32,994 --> 00:00:34,628
What kind of deal?
10
00:00:34,662 --> 00:00:38,632
Murder two, and that's a gift.
11
00:00:38,666 --> 00:00:39,800
That's still life, man.
12
00:00:39,834 --> 00:00:42,203
With the possibility of parole.
13
00:00:42,236 --> 00:00:43,137
No. No.
14
00:00:43,171 --> 00:00:45,706
Daryl, you have no defense.
15
00:00:45,739 --> 00:00:47,475
Your semen was found
in the victim.
16
00:00:47,508 --> 00:00:48,709
I made love with her earlier.
17
00:00:48,742 --> 00:00:50,611
Your prints
are on the murder weapon.
18
00:00:50,644 --> 00:00:52,546
A witness saw you
run out of her apartment
19
00:00:52,580 --> 00:00:54,015
at the time she was murdered.
20
00:00:54,048 --> 00:00:56,784
The witness got it wrong,
Mr. Young.
21
00:00:56,817 --> 00:00:57,785
It's as simple as that.
22
00:00:57,818 --> 00:00:59,153
Well, she seems pretty sure.
23
00:00:59,187 --> 00:01:02,823
She got it wrong.
24
00:01:02,857 --> 00:01:05,894
A friend of mine in this trial
called this doctor witness.
25
00:01:05,927 --> 00:01:07,428
He talked about
how some white people
26
00:01:07,461 --> 00:01:08,705
can't tell black people apart...
27
00:01:08,729 --> 00:01:10,531
Some disease
or something like that.
28
00:01:10,564 --> 00:01:13,501
That witness has got that
disease is all.
29
00:01:13,534 --> 00:01:16,004
We gotta call this doctor.
30
00:01:16,037 --> 00:01:18,840
I don't think race
is an issue here, Daryl.
31
00:01:18,873 --> 00:01:21,075
You don't understand,
Mr. Young.
32
00:01:21,109 --> 00:01:23,377
I'm instructing you
to make it an issue.
33
00:02:16,130 --> 00:02:18,032
What do you mean you want out?
34
00:02:18,066 --> 00:02:19,433
Just what I'm saying,
Your Honor.
35
00:02:19,467 --> 00:02:21,402
The trial is set to start
in 40 minutes.
36
00:02:21,435 --> 00:02:23,504
My client and I have
insurmountable differences
37
00:02:23,537 --> 00:02:25,773
which would have.
Such as?
38
00:02:25,806 --> 00:02:28,109
That's privileged.
39
00:02:28,142 --> 00:02:31,312
Let's just say it's about
strategy and ethics.
40
00:02:31,345 --> 00:02:35,016
Eugene, every lawyer seems to
have insurmountable differences
41
00:02:35,049 --> 00:02:37,051
with the court-appointed cases.
42
00:02:37,085 --> 00:02:39,287
I'm telling you
this one is real.
43
00:02:39,320 --> 00:02:41,789
You know me well enough to know
that if I say it,
44
00:02:41,822 --> 00:02:42,857
it is real.
45
00:02:42,891 --> 00:02:46,160
I'm not letting you out
for a strategy difference.
46
00:02:46,194 --> 00:02:47,395
Forget it.
47
00:02:47,428 --> 00:02:51,365
Your Honor,
I'm asking a favor here.
48
00:02:51,399 --> 00:02:53,902
I can't let you out.
49
00:02:53,935 --> 00:02:55,403
Not now.
50
00:03:01,109 --> 00:03:02,443
When did they take him in?
51
00:03:02,476 --> 00:03:03,577
Three weeks ago.
52
00:03:03,611 --> 00:03:05,713
And they wouldn't tell you
anything?
53
00:03:05,746 --> 00:03:08,716
The only thing I know is that
the FBI has him somewhere.
54
00:03:09,817 --> 00:03:12,253
I hired a lawyer.
He got nowhere.
55
00:03:12,286 --> 00:03:14,622
I hate coming to a patient,
but I...
56
00:03:14,655 --> 00:03:17,591
No problem.
Your husband's first name?
57
00:03:17,625 --> 00:03:18,559
Bill.
58
00:03:18,592 --> 00:03:20,929
Bill Ford.
And his middle initial?
59
00:03:20,962 --> 00:03:22,663
Habib.
60
00:03:22,696 --> 00:03:23,865
I'm sorry?
61
00:03:23,898 --> 00:03:24,899
Ford is my maiden name.
62
00:03:24,933 --> 00:03:28,602
My husband's last name is Habib.
63
00:03:31,572 --> 00:03:35,209
All I'm saying, I just think
if the FBI picked him up,
64
00:03:35,243 --> 00:03:37,045
they must have had
a good reason.
65
00:03:37,078 --> 00:03:39,180
This woman is my doctor, Jimmy.
66
00:03:39,213 --> 00:03:42,616
Her husband's been in this
country for 30 years.
67
00:03:42,650 --> 00:03:45,553
Why'd they grab him?
Just because he's Arab?
68
00:03:45,586 --> 00:03:48,656
He's Arab-American, and we don't
know why they grabbed him.
69
00:03:48,689 --> 00:03:50,124
They're not telling us.
70
00:03:50,158 --> 00:03:52,160
Like I said,
the last time I checked,
71
00:03:52,193 --> 00:03:55,396
The police don't arrest people
for no reason.
72
00:03:55,429 --> 00:03:58,632
When is the last time
you checked?
73
00:04:04,705 --> 00:04:07,175
Linda McLaughlin was the first
person in her family
74
00:04:07,208 --> 00:04:09,677
to go to college.
75
00:04:09,710 --> 00:04:12,046
These are her parents.
76
00:04:12,080 --> 00:04:15,884
The evidence will show that
on November 19th of last year,
77
00:04:15,917 --> 00:04:19,653
their daughter, Linda, walked
out of the campus grocery store
78
00:04:19,687 --> 00:04:22,957
and was accosted by the
defendant,
79
00:04:22,991 --> 00:04:24,926
Daryl Johnson,
80
00:04:24,959 --> 00:04:28,930
A homeless man
who panhandles in the area.
81
00:04:28,963 --> 00:04:31,933
Daryl followed Linda home...
82
00:04:31,966 --> 00:04:34,468
raped her...
83
00:04:34,502 --> 00:04:37,205
then beat her to death.
84
00:04:37,238 --> 00:04:39,073
After we prove it,
85
00:04:39,107 --> 00:04:41,876
I will ask you to find
Daryl Johnson guilty
86
00:04:41,910 --> 00:04:44,245
of murder in the first degree.
87
00:04:48,883 --> 00:04:50,418
Mr. Young?
88
00:04:55,356 --> 00:04:57,825
Mr. Young?
89
00:05:02,563 --> 00:05:03,965
The evidence will not establish
90
00:05:03,998 --> 00:05:07,035
that Daryl Johnson committed
this crime.
91
00:05:07,068 --> 00:05:10,204
The evidence will establish that
the police arrested him
92
00:05:10,238 --> 00:05:13,541
simply because he fit
the profile in their minds
93
00:05:13,574 --> 00:05:17,145
of the type of person who would
commit this particular crime.
94
00:05:31,459 --> 00:05:32,669
I'm special agent
Charles Renford.
95
00:05:32,693 --> 00:05:34,428
- Sorry for the delay.
- Oh, no problem.
96
00:05:34,462 --> 00:05:35,672
I assume you guys are pretty
busy right now.
97
00:05:35,696 --> 00:05:37,031
What can I do for you?
98
00:05:37,065 --> 00:05:40,501
I've been trying to talk to
these agents about Bill Habib.
99
00:05:40,534 --> 00:05:42,703
These agents got
pulled onto details overseas.
100
00:05:42,736 --> 00:05:45,273
They are not available.
101
00:05:45,306 --> 00:05:46,474
Okay.
102
00:05:46,507 --> 00:05:49,543
Can you tell me anything?
103
00:05:49,577 --> 00:05:51,112
I'm sorry. I can't.
104
00:05:52,713 --> 00:05:56,484
Is that because you don't know
or because you won't say?
105
00:05:59,253 --> 00:06:00,521
Agent Renford,
106
00:06:00,554 --> 00:06:03,992
I am formally requesting you
let me see my client.
107
00:06:04,025 --> 00:06:06,794
I'm afraid you can't.
108
00:06:06,827 --> 00:06:08,863
What do you mean?
I'm his lawyer.
109
00:06:08,897 --> 00:06:10,498
You can't see him,
Miss Washington.
110
00:06:10,531 --> 00:06:12,700
That's all I can say.
111
00:06:12,733 --> 00:06:13,944
Are you familiar
with the concept
112
00:06:13,968 --> 00:06:15,603
of due process, Agent Renford?
113
00:06:20,774 --> 00:06:21,919
First, find out
where he's being held.
114
00:06:21,943 --> 00:06:23,912
- Call the Bureau of Prisons.
- I did,
115
00:06:23,945 --> 00:06:25,379
along with the
Board of Corrections,
116
00:06:25,413 --> 00:06:26,881
Suffolk County Jail, middle-sex.
117
00:06:26,915 --> 00:06:28,082
Nobody knows a thing.
118
00:06:28,116 --> 00:06:29,283
Call the I. N. S.
119
00:06:29,317 --> 00:06:30,784
They can hold someone
indefinitely
120
00:06:30,818 --> 00:06:33,321
even if there's a hint
of an immigration problem.
121
00:06:33,354 --> 00:06:35,756
He's a U. S. citizen.
He has been for 20 years.
122
00:06:35,789 --> 00:06:38,626
I'd still check it out. You
don't know what they can do now.
123
00:06:38,659 --> 00:06:40,028
What about his first lawyer?
124
00:06:40,061 --> 00:06:42,463
He won't talk to me,
says he's been ordered not to.
125
00:06:42,496 --> 00:06:43,998
Ordered?
By who?
126
00:06:44,032 --> 00:06:46,400
I have no idea.
127
00:06:46,434 --> 00:06:48,937
Okay.
128
00:06:48,970 --> 00:06:51,840
If the Feds took him, you gotta
assume they still got him.
129
00:06:51,873 --> 00:06:53,074
File a Federal Habeas.
130
00:06:53,107 --> 00:06:55,209
Make them produce his body,
at least.
131
00:06:58,646 --> 00:07:00,681
The girl had just
walked out of the market
132
00:07:00,714 --> 00:07:01,883
when he walked up to her.
133
00:07:01,916 --> 00:07:02,984
This girl?
134
00:07:03,017 --> 00:07:04,418
Yes.
135
00:07:04,452 --> 00:07:07,321
Mr. Banks, had you ever
seen the defendant before?
136
00:07:07,355 --> 00:07:10,859
He's a street guy,
carries your bags for change.
137
00:07:10,892 --> 00:07:12,136
Sometimes he can get aggressive.
138
00:07:12,160 --> 00:07:13,327
Objection.
139
00:07:13,361 --> 00:07:15,997
Sustained.
The Jury will disregard.
140
00:07:16,030 --> 00:07:18,933
Just tell us
what you saw that day.
141
00:07:18,967 --> 00:07:21,235
He tried to carry
her shopping bags,
142
00:07:21,269 --> 00:07:24,205
and she was like,
"Whoa, I got it."
143
00:07:24,238 --> 00:07:26,050
They kind of argued
over the bags for a minute,
144
00:07:26,074 --> 00:07:28,342
and then she walked away.
145
00:07:28,376 --> 00:07:30,144
What did the defendant do then?
146
00:07:30,178 --> 00:07:32,546
He stood there pissed.
147
00:07:32,580 --> 00:07:34,916
Then he started to follow her.
148
00:07:34,949 --> 00:07:37,118
Did you hear anything they said?
149
00:07:37,151 --> 00:07:38,252
No.
150
00:07:38,286 --> 00:07:39,753
Then when you say they argued...
151
00:07:39,787 --> 00:07:41,222
It looked like they argued.
152
00:07:41,255 --> 00:07:42,556
About the bags.
153
00:07:42,590 --> 00:07:44,625
Could they have been talking
about something else?
154
00:07:44,658 --> 00:07:46,260
I don't know.
I guess.
155
00:07:46,294 --> 00:07:47,695
You guess?
156
00:07:47,728 --> 00:07:50,464
So it's possible then they were
talking about something else?
157
00:07:50,498 --> 00:07:51,966
Yes.
158
00:07:52,000 --> 00:07:53,710
And Mr. Banks,
you never thought Ms. McLaughlin
159
00:07:53,734 --> 00:07:55,469
was in danger, did you, sir?
160
00:07:55,503 --> 00:07:56,905
In danger?
161
00:07:56,938 --> 00:07:58,806
Yes.
You saw her with my client.
162
00:07:58,840 --> 00:08:00,141
You didn't think she needed help
163
00:08:00,174 --> 00:08:02,610
or that you should call
the police, did you?
164
00:08:02,643 --> 00:08:03,912
No.
165
00:08:03,945 --> 00:08:05,313
Thank you, sir.
166
00:08:13,154 --> 00:08:14,488
That's it?
167
00:08:16,690 --> 00:08:19,193
Daryl, if you're unhappy
with my work,
168
00:08:19,227 --> 00:08:22,030
you can tell the judge
and get a new lawyer.
169
00:08:23,965 --> 00:08:26,935
You're the right lawyer
for this, Mr. Young.
170
00:08:26,968 --> 00:08:28,402
I'm sure about that.
171
00:08:38,479 --> 00:08:39,756
Agent Renford,
I didn't expect to see...
172
00:08:39,780 --> 00:08:41,391
Theodore McNally,
Assistant U. S. Attorney.
173
00:08:41,415 --> 00:08:44,285
Thanks for coming down.
Let me give you this back.
174
00:08:45,486 --> 00:08:47,255
It's my Habeas.
175
00:08:47,288 --> 00:08:48,389
It isn't filed?
176
00:08:48,422 --> 00:08:51,025
Clerk's office caught it.
You can't file it.
177
00:08:52,826 --> 00:08:54,428
What do you mean
I can't file it?
178
00:08:54,462 --> 00:08:56,797
This involves
classified material,
179
00:08:56,831 --> 00:08:58,175
top-secret or higher.
It can't be...
180
00:08:58,199 --> 00:09:01,202
I'm just asking
to see my client.
181
00:09:01,235 --> 00:09:03,671
Now, when do I get
to see my client?
182
00:09:06,774 --> 00:09:09,010
After you get a national
security clearance.
183
00:09:09,043 --> 00:09:10,411
Renford will expedite it.
184
00:09:10,444 --> 00:09:13,114
I'll need your home address,
Social-Security number,
185
00:09:13,147 --> 00:09:16,417
names of family members,
and how you know Mr. Habib.
186
00:09:16,450 --> 00:09:18,286
I haven't even met him yet!
187
00:09:18,319 --> 00:09:19,319
Hold on.
188
00:09:21,755 --> 00:09:23,491
I need to warn you,
anything you say
189
00:09:23,524 --> 00:09:25,994
can and will be used
against you and your client.
190
00:09:26,027 --> 00:09:27,795
Use against me...
What are you talk...
191
00:09:27,828 --> 00:09:30,298
This case involves
national security.
192
00:09:30,331 --> 00:09:33,134
You want to defend Habib,
you need a clearance.
193
00:09:33,167 --> 00:09:34,478
To get it,
you gotta go through us,
194
00:09:34,502 --> 00:09:35,503
answer our questions.
195
00:09:35,536 --> 00:09:37,305
If you lie to us, it's perjury.
196
00:09:37,338 --> 00:09:40,574
Plus, everything we tell you
is privileged.
197
00:09:40,608 --> 00:09:42,776
If you divulge
any of it to anyone,
198
00:09:42,810 --> 00:09:44,545
you'll be prosecuted.
199
00:09:44,578 --> 00:09:48,049
And what if I don't want
a security clearance?
200
00:09:48,082 --> 00:09:51,085
What if I object it's
a violation of my rights?
201
00:09:52,320 --> 00:09:54,755
Then Mr. Habib
gets no lawyer.
202
00:10:04,032 --> 00:10:05,366
I'd need security clearance
203
00:10:05,399 --> 00:10:07,401
to see my own client,
who I never met.
204
00:10:07,435 --> 00:10:08,678
I don't know
why he was arrested.
205
00:10:08,702 --> 00:10:10,804
Rebecca, these are
different times.
206
00:10:10,839 --> 00:10:12,673
Thank you, Lucy.
207
00:10:12,706 --> 00:10:13,842
So, what happens next?
208
00:10:13,875 --> 00:10:15,743
Assuming I get the clearance,
209
00:10:15,776 --> 00:10:18,279
I'm hoping to meet
the client tomorrow.
210
00:10:22,516 --> 00:10:23,684
I haven't found him yet.
211
00:10:26,754 --> 00:10:28,389
So we're off to Federal Court.
212
00:10:28,422 --> 00:10:30,591
I'm hoping to persuade a Judge
to order the government
213
00:10:30,624 --> 00:10:32,360
to at least tell us where he is.
214
00:10:32,393 --> 00:10:36,330
Okay.
215
00:10:36,364 --> 00:10:38,699
Sarah, is it possible
216
00:10:38,732 --> 00:10:41,635
your husband is involved
in something?
217
00:10:44,238 --> 00:10:46,074
No, Rebecca,
that's not possible.
218
00:10:49,310 --> 00:10:50,544
I'm sorry.
219
00:10:50,578 --> 00:10:53,714
As your lawyer,
I had to ask you that question.
220
00:10:53,747 --> 00:10:54,849
Right.
221
00:10:54,883 --> 00:10:57,751
We wouldn't want you
committing malpractice.
222
00:11:03,958 --> 00:11:07,461
Numerous skull fractures,
massive and fatal head trauma.
223
00:11:07,495 --> 00:11:09,130
What caused these injuries,
detective?
224
00:11:09,163 --> 00:11:12,133
A table lamp was found near
the body covered with blood
225
00:11:12,166 --> 00:11:13,601
and portions of her scalp.
226
00:11:13,634 --> 00:11:15,837
It was determined
to be the murder weapon.
227
00:11:15,870 --> 00:11:17,872
Were any fingerprints
on the lamp?
228
00:11:17,906 --> 00:11:19,473
The defendant's fingerprints
were found
229
00:11:19,507 --> 00:11:22,610
on both the lamp and the victim.
230
00:11:22,643 --> 00:11:25,179
Detective...
231
00:11:25,213 --> 00:11:27,181
what other evidence
did you find?
232
00:11:27,215 --> 00:11:30,384
A rape examination revealed
the presence of semen.
233
00:11:30,418 --> 00:11:34,188
We did a DNA test.
It matched the defendant.
234
00:11:34,222 --> 00:11:35,957
Thank you.
235
00:11:39,227 --> 00:11:42,063
Mr. Young?
236
00:11:42,096 --> 00:11:43,865
Did you find bruising?
237
00:11:43,898 --> 00:11:46,067
We found bludgeoning.
238
00:11:46,100 --> 00:11:48,569
That wasn't my question.
239
00:11:48,602 --> 00:11:51,772
Did you find bruising
in the vaginal area?
240
00:11:51,805 --> 00:11:52,673
We didn't find that.
241
00:11:52,706 --> 00:11:54,075
How about tearing?
242
00:11:54,108 --> 00:11:55,543
No.
243
00:11:55,576 --> 00:11:57,946
Did you find defensive wounds
on the victim's hands or arms,
244
00:11:57,979 --> 00:12:00,081
skin under her fingernails?
245
00:12:00,114 --> 00:12:01,515
No.
246
00:12:01,549 --> 00:12:04,752
Detective, can you rule out the
possibility of consensual sex?
247
00:12:04,785 --> 00:12:06,554
Objection.
Overruled.
248
00:12:06,587 --> 00:12:08,589
Doesn't sound like
she was fighting, does it?
249
00:12:08,622 --> 00:12:10,124
This could have been consensual.
250
00:12:10,158 --> 00:12:12,026
Sidebar, Your Honor.
251
00:12:12,060 --> 00:12:13,361
Quickly.
252
00:12:19,800 --> 00:12:21,635
There is no good-faith basis
253
00:12:21,669 --> 00:12:23,972
for the suggestion
of consensual sex here,
254
00:12:24,005 --> 00:12:25,139
and he knows it.
255
00:12:25,173 --> 00:12:26,841
My client says it's consensual.
256
00:12:26,875 --> 00:12:27,741
That's it?
257
00:12:27,775 --> 00:12:29,677
That's all he needs.
258
00:12:29,710 --> 00:12:31,889
It's bad enough the parents have
to sit here and listen...
259
00:12:31,913 --> 00:12:35,449
You can advise the parents to
leave the room. Why don't you?
260
00:12:35,483 --> 00:12:39,353
This is your defense?
That the sex was consensual?
261
00:12:39,387 --> 00:12:40,721
This is his defense, Your Honor,
262
00:12:40,754 --> 00:12:43,591
and you can take me off
whenever you please.
263
00:12:45,860 --> 00:12:49,130
Assuming that Mr. Young does, in
fact, have a good-faith basis
264
00:12:49,163 --> 00:12:50,731
for the question, I'll allow it.
265
00:12:50,764 --> 00:12:51,933
Your Honor...
266
00:12:51,966 --> 00:12:55,003
He's entitled to put
on a defense, counsel.
267
00:12:56,470 --> 00:12:58,739
But tread lightly, Eugene.
268
00:12:58,772 --> 00:13:00,508
Now step back.
269
00:13:04,445 --> 00:13:06,514
Detective...
270
00:13:06,547 --> 00:13:09,583
is it possible the sex here
was consensual, yes or no?
271
00:13:09,617 --> 00:13:10,919
I suppose it's possible, but...
272
00:13:10,952 --> 00:13:13,121
Thank you, sir.
273
00:13:13,154 --> 00:13:14,422
That's all.
274
00:13:26,367 --> 00:13:28,069
Sorry, ma'am, no bags inside.
275
00:13:28,102 --> 00:13:29,703
Can I get a piece of paper
and a pen?
276
00:13:29,737 --> 00:13:32,140
No, ma'am.
No writing materials.
277
00:13:34,242 --> 00:13:35,443
Sorry, ma'am.
278
00:13:36,744 --> 00:13:37,811
What's wrong?
279
00:13:37,846 --> 00:13:39,747
Closed courtroom.
Only the lawyers.
280
00:13:39,780 --> 00:13:40,882
This is the man's wife.
281
00:13:40,915 --> 00:13:42,750
Orders of the court, ma'am.
No visitors.
282
00:13:42,783 --> 00:13:44,661
Please, he's my husband.
I haven't seen him in weeks.
283
00:13:44,685 --> 00:13:46,454
Ma'am, I'm sorry.
284
00:13:46,487 --> 00:13:48,389
You're just
following orders, right?
285
00:13:53,161 --> 00:13:54,963
Okay, I'm sorry.
286
00:13:54,996 --> 00:13:56,764
I understand.
287
00:13:56,797 --> 00:13:58,032
Go ahead, Rebecca.
288
00:13:58,066 --> 00:14:00,068
Just please tell Bill
I'm out here.
289
00:14:06,474 --> 00:14:09,443
I heard the screaming, and I
knew something wasn't right,
290
00:14:09,477 --> 00:14:12,847
so I opened my apartment door
and looked out,
291
00:14:12,881 --> 00:14:14,883
and there he was.
292
00:14:14,916 --> 00:14:16,350
This man right here?
293
00:14:16,384 --> 00:14:20,054
Yes. He was dressed
ratty, like a bum,
294
00:14:20,088 --> 00:14:22,456
and he didn't smell
too good either.
295
00:14:22,490 --> 00:14:23,824
Did he say anything?
296
00:14:23,858 --> 00:14:26,460
No, but as soon
as he saw I was looking at him,
297
00:14:26,494 --> 00:14:28,796
he ran for the stairs.
298
00:14:28,830 --> 00:14:30,498
You're absolutely sure
299
00:14:30,531 --> 00:14:33,835
this is the man you saw leave
Ms. McLaughlin's apartment?
300
00:14:33,868 --> 00:14:34,836
Positive.
301
00:14:34,869 --> 00:14:36,570
Right after you heard screaming?
302
00:14:36,604 --> 00:14:39,540
That's right.
303
00:14:39,573 --> 00:14:42,110
Did you know the victim,
Mrs. Solotkin?
304
00:14:42,143 --> 00:14:44,645
Not personally,
but I'd seen her.
305
00:14:44,678 --> 00:14:46,014
Ever talk to her?
306
00:14:46,047 --> 00:14:47,215
Not really.
307
00:14:47,248 --> 00:14:50,018
So you don't know her voice.
308
00:14:50,051 --> 00:14:50,919
No.
309
00:14:50,952 --> 00:14:52,620
Wouldn't recognize her scream?
310
00:14:52,653 --> 00:14:55,023
No, but I'm assuming
it must have been her.
311
00:14:55,056 --> 00:14:57,425
The scream came at the time
she was killed.
312
00:14:57,458 --> 00:14:59,827
You're assuming.
313
00:14:59,861 --> 00:15:01,495
Do you know many black people?
314
00:15:01,529 --> 00:15:02,363
Objection.
315
00:15:02,396 --> 00:15:03,531
Have any black friends?
316
00:15:03,564 --> 00:15:05,799
Mr. Young,
what are you doing?
317
00:15:05,834 --> 00:15:07,044
Laying a foundation, Your Honor.
318
00:15:07,068 --> 00:15:08,702
A foundation for what?
319
00:15:08,736 --> 00:15:11,505
If I could be allowed
to proceed, I'll get there.
320
00:15:12,506 --> 00:15:14,408
Do you recall the question?
321
00:15:14,442 --> 00:15:16,210
About black people?
322
00:15:16,244 --> 00:15:18,046
I don't really know
any that well.
323
00:15:18,079 --> 00:15:20,814
But you know for sure
it was my client
324
00:15:20,849 --> 00:15:22,984
even though you saw him
for just a moment
325
00:15:23,017 --> 00:15:24,017
from down the hall?
326
00:15:24,853 --> 00:15:25,930
Well, I don't know for sure.
327
00:15:25,954 --> 00:15:27,064
It could have been somebody else
328
00:15:27,088 --> 00:15:29,590
who looked exactly like him,
I suppose.
329
00:15:32,360 --> 00:15:33,862
Thank you, ma'am.
330
00:15:33,895 --> 00:15:35,263
Nothing further.
331
00:15:35,864 --> 00:15:37,731
The witness may step down.
332
00:15:38,967 --> 00:15:41,069
Ms. Gamble?
333
00:15:41,102 --> 00:15:42,803
The Commonwealth rests.
334
00:15:43,704 --> 00:15:46,407
Mr. Young?
335
00:15:46,440 --> 00:15:48,910
The defense calls
Dr. Donald Sideman.
336
00:15:48,943 --> 00:15:50,644
You gotta be kidding!
337
00:15:50,678 --> 00:15:52,847
If I can't put on a defense,
why don't we lynch him?
338
00:15:52,881 --> 00:15:55,049
Mr. Young is trying
to make this about race...
339
00:15:55,083 --> 00:15:56,017
Move to strike!
340
00:15:56,050 --> 00:15:58,519
Counsel, get up here.
341
00:16:03,324 --> 00:16:05,059
I will hold both of you
in contempt
342
00:16:05,093 --> 00:16:09,030
if there's another
such outburst.
343
00:16:09,063 --> 00:16:10,331
Who is Dr. Sideman?
344
00:16:10,364 --> 00:16:13,835
He testifies white people can't
tell one black man from another.
345
00:16:13,868 --> 00:16:15,769
Sorry?
346
00:16:15,803 --> 00:16:18,806
He's an expert on cross-racial
impairment of eyewitnesses.
347
00:16:18,840 --> 00:16:20,408
This has been rejected
by other courts.
348
00:16:20,441 --> 00:16:22,410
Plus, Mr. Young
gave no notice.
349
00:16:22,443 --> 00:16:24,078
I didn't know race
would be an issue.
350
00:16:24,112 --> 00:16:25,947
You are the one
making race an issue.
351
00:16:25,980 --> 00:16:28,616
If I can't call this witness,
I'll take you up,
352
00:16:28,649 --> 00:16:31,085
emergency appeal,
and I want a mistrial.
353
00:16:33,054 --> 00:16:34,588
You may call Dr. Sideman.
354
00:16:34,622 --> 00:16:35,933
You're letting him
run your court.
355
00:16:35,957 --> 00:16:39,193
I run my court, Ms. Gamble.
356
00:16:41,562 --> 00:16:43,597
If Dr. Sideman is a buffoon,
357
00:16:43,631 --> 00:16:45,867
I will instruct the jury
to disregard.
358
00:16:50,038 --> 00:16:51,973
He's been kept
from his family for three weeks,
359
00:16:52,006 --> 00:16:53,942
and we don't know
what he's been charged with.
360
00:16:53,975 --> 00:16:55,543
He hasn't been charged
with anything.
361
00:16:55,576 --> 00:16:57,545
Then how and why
are you holding him?
362
00:16:57,578 --> 00:16:59,513
He's being held
as a material witness.
363
00:16:59,547 --> 00:17:00,648
To what?
364
00:17:00,681 --> 00:17:02,050
That information I can't reveal.
365
00:17:02,083 --> 00:17:03,751
How do I represent him
366
00:17:03,784 --> 00:17:05,987
if I can't be told
why he's being held?
367
00:17:06,020 --> 00:17:07,755
This case involves
information obtained
368
00:17:07,788 --> 00:17:09,790
through the foreign-intelligence
surveillance act.
369
00:17:09,823 --> 00:17:13,361
Mr. McNally, I appreciate your
concern for national security,
370
00:17:13,394 --> 00:17:15,396
but I'm going to do my part
371
00:17:15,429 --> 00:17:18,032
to safeguard what is left
of our constitution.
372
00:17:18,066 --> 00:17:20,701
Get Mr. Habib
into this courtroom.
373
00:17:20,734 --> 00:17:23,071
Let him see his lawyer
and his wife,
374
00:17:23,104 --> 00:17:24,272
and we are going to make sure
375
00:17:24,305 --> 00:17:26,340
that he gets at least
some kind of hearing.
376
00:17:26,374 --> 00:17:28,542
Your honor, I don't think
you have the authority...
377
00:17:28,576 --> 00:17:31,012
Counsel!
378
00:17:31,045 --> 00:17:32,813
These are strange times,
379
00:17:32,847 --> 00:17:35,449
And nobody is quite sure
who has what authority,
380
00:17:35,483 --> 00:17:36,550
I grant you,
381
00:17:36,584 --> 00:17:39,453
but you don't want
to be testing mine.
382
00:17:39,487 --> 00:17:42,023
If I don't see Mr. Habib
in this room
383
00:17:42,056 --> 00:17:43,992
with his lawyer and his wife,
384
00:17:44,025 --> 00:17:46,760
you are going to be held
in contempt.
385
00:17:52,700 --> 00:17:54,735
Many eyewitnesses
have a hard time
386
00:17:54,768 --> 00:17:56,871
correctly identifying suspects
387
00:17:56,905 --> 00:17:59,107
who are of another race.
388
00:17:59,140 --> 00:18:02,276
We call that
"cross-racial impairment."
389
00:18:02,911 --> 00:18:04,045
Is it common?
390
00:18:04,078 --> 00:18:04,745
Very.
391
00:18:04,778 --> 00:18:06,180
How do you know?
392
00:18:06,214 --> 00:18:08,917
From my work
as a Clinical Psychologist,
393
00:18:08,950 --> 00:18:12,286
from my review of over 50 years
of empirical studies
394
00:18:12,320 --> 00:18:13,721
on the subject.
395
00:18:13,754 --> 00:18:15,823
Are certain people
more likely to suffer
396
00:18:15,857 --> 00:18:17,591
from this impairment?
397
00:18:17,625 --> 00:18:21,830
People unfamiliar with members
of the race in question.
398
00:18:21,863 --> 00:18:24,132
They don't see black people
very often.
399
00:18:24,165 --> 00:18:26,767
Suddenly,
they have to identify one.
400
00:18:26,800 --> 00:18:30,071
They're more likely
to pick the wrong one.
401
00:18:30,104 --> 00:18:31,739
Thank you, Doctor.
402
00:18:39,547 --> 00:18:43,384
Blacks all look alike... is that
your scientific opinion?
403
00:18:43,417 --> 00:18:44,185
Objection.
404
00:18:44,218 --> 00:18:45,218
Sustained.
405
00:18:45,819 --> 00:18:48,556
Doctor, did you talk
to Mrs. Solotkin
406
00:18:48,589 --> 00:18:51,092
about her identification
of the defendant?
407
00:18:51,125 --> 00:18:52,360
No.
408
00:18:52,393 --> 00:18:54,695
Are you aware
that there's no agreement
409
00:18:54,728 --> 00:18:56,130
in the scientific community
410
00:18:56,164 --> 00:18:59,167
that cross-racial
impairment even exists?
411
00:18:59,200 --> 00:19:02,470
Cross-racial impairment is real.
412
00:19:02,503 --> 00:19:06,074
When studies confirm
what life has already taught us,
413
00:19:06,107 --> 00:19:08,977
to me, that's the best proof
you can get.
414
00:19:09,010 --> 00:19:11,045
Well, is that why many
courts have refused
415
00:19:11,079 --> 00:19:12,213
to let you testify?
416
00:19:13,147 --> 00:19:16,450
Science often outpaces the law,
Ms. Gamble.
417
00:19:23,191 --> 00:19:24,959
He's trying to hang the jury.
418
00:19:24,993 --> 00:19:26,827
Should I call my own experts?
419
00:19:26,861 --> 00:19:28,897
I'm afraid the more
I attack his defense,
420
00:19:28,930 --> 00:19:30,731
the more credible
I make it seem.
421
00:19:30,764 --> 00:19:32,724
If you do nothing, it looks
like you're conceding.
422
00:19:34,502 --> 00:19:37,571
He's made it about race
because he's got nothing else.
423
00:19:37,605 --> 00:19:39,740
What he does have
are four black jurors.
424
00:19:39,773 --> 00:19:40,842
Oh, please.
425
00:19:40,875 --> 00:19:41,875
And he's black.
426
00:19:44,112 --> 00:19:47,581
Race isn't the issue,
but it probably won't be.
427
00:19:49,918 --> 00:19:52,620
But we can't be so naive
as to rule out the possibility.
428
00:19:55,623 --> 00:19:56,958
Got a second?
429
00:20:09,871 --> 00:20:11,505
Don't look at me
like I'm having fun.
430
00:20:11,539 --> 00:20:14,075
Have you looked at
the crime scene photos, Eugene?
431
00:20:14,108 --> 00:20:16,878
I've seen them. Look, you know
It's an appointment, so...
432
00:20:16,911 --> 00:20:20,849
Oh, come on, spare me
the "Just doing my job" crap.
433
00:20:20,882 --> 00:20:23,184
Good lawyers manage
without going racial.
434
00:20:23,217 --> 00:20:25,819
My client instructed me
to put on a defense.
435
00:20:25,854 --> 00:20:27,021
That defense?
436
00:20:27,055 --> 00:20:28,356
As a matter of fact, yes.
437
00:20:28,389 --> 00:20:30,558
If you're here to wiggle off
the moral hook...
438
00:20:30,591 --> 00:20:32,260
That's not why I'm here.
439
00:20:34,963 --> 00:20:36,297
He's going to testify.
440
00:20:38,332 --> 00:20:40,234
You'll be suborning perjury.
441
00:20:40,268 --> 00:20:42,536
Only if I know he's lying,
which I don't.
442
00:20:42,570 --> 00:20:45,874
He says he's innocent, Helen.
443
00:20:45,907 --> 00:20:48,642
I think we should plead this,
or in the alternative,
444
00:20:48,676 --> 00:20:50,287
you should tell the parents
not to be there.
445
00:20:50,311 --> 00:20:51,579
It won't be easy to hear.
446
00:20:52,680 --> 00:20:54,215
That a threat?
447
00:20:54,248 --> 00:20:58,019
It would be unethical for me
to make a threat.
448
00:20:58,052 --> 00:20:59,387
Wouldn't it, Helen?
449
00:21:00,221 --> 00:21:03,091
I won't be blackmailed
into a plea deal.
450
00:21:06,160 --> 00:21:07,595
You done?
451
00:21:10,331 --> 00:21:11,933
Done.
452
00:21:23,544 --> 00:21:25,179
For your own emotional welfare,
453
00:21:25,213 --> 00:21:27,315
I'd say stay out
of the room, but...
454
00:21:27,348 --> 00:21:28,149
But what?
455
00:21:28,182 --> 00:21:30,651
Well, strictly for the case,
456
00:21:30,684 --> 00:21:32,720
obviously, it's better
if you're in there.
457
00:21:32,753 --> 00:21:34,155
He'll look more like a monster
458
00:21:34,188 --> 00:21:37,358
saying the things he'll probably
say with the parents present.
459
00:21:37,391 --> 00:21:38,259
He's going to attack
my daughter?
460
00:21:38,292 --> 00:21:39,293
Is that how it works?
461
00:21:39,327 --> 00:21:42,063
Yes, it works that way
sometimes.
462
00:21:45,099 --> 00:21:46,067
We'll be there.
463
00:21:46,100 --> 00:21:47,301
Are you sure?
We'll be there!
464
00:21:47,335 --> 00:21:50,071
Okay, but you have
to stay under control.
465
00:21:50,104 --> 00:21:52,373
My opinion is this lawyer
would love a mistrial,
466
00:21:52,406 --> 00:21:54,642
and if you jump up in there,
467
00:21:54,675 --> 00:21:56,344
you might very well
give it to them.
468
00:21:56,810 --> 00:21:58,146
All right.
469
00:21:58,179 --> 00:21:59,313
Fine.
470
00:22:03,985 --> 00:22:05,586
Okay, he's coming in.
471
00:22:05,619 --> 00:22:08,256
Dr. Ford, I'm going to ask you
not to speak to him
472
00:22:08,289 --> 00:22:10,191
or hand him any items.
473
00:22:24,472 --> 00:22:26,107
Can they have some privacy?
474
00:22:26,908 --> 00:22:28,943
Dr. Ford is not a suspect.
475
00:22:28,977 --> 00:22:30,311
If she talks at all
476
00:22:30,344 --> 00:22:32,680
and it appears like she's trying
to pass coded information,
477
00:22:32,713 --> 00:22:33,848
she might become one.
478
00:22:33,882 --> 00:22:36,717
She is here to observe.
Now, that's D. O. J. rules.
479
00:22:36,750 --> 00:22:38,686
You have two children
to care for.
480
00:22:38,719 --> 00:22:41,589
Don't say anything, understand?
481
00:22:44,058 --> 00:22:45,559
Why don't we all sit down?
482
00:22:48,963 --> 00:22:51,399
Mr. Habib,
I'm Rebecca Washington.
483
00:22:51,432 --> 00:22:54,068
I'm your lawyer.
484
00:22:54,102 --> 00:22:55,736
We're about to have a hearing.
485
00:22:56,971 --> 00:23:00,208
I didn't ask for either
a hearing or a lawyer.
486
00:23:02,911 --> 00:23:05,313
Your wife hired me.
487
00:23:05,346 --> 00:23:06,547
She should not have.
488
00:23:09,951 --> 00:23:13,922
Is my... is my wife, my sons,
are they all right?
489
00:23:13,955 --> 00:23:15,256
Have they been harmed?
490
00:23:15,289 --> 00:23:18,226
No, we're fine.
491
00:23:18,259 --> 00:23:19,739
Would you tell him
we're fine, please?
492
00:23:22,196 --> 00:23:24,899
Do you have any idea
why you're here?
493
00:23:25,900 --> 00:23:26,700
Miss, uh...
494
00:23:26,734 --> 00:23:28,402
Washington.
495
00:23:29,437 --> 00:23:31,472
Help my wife understand,
496
00:23:31,505 --> 00:23:34,608
I did what I did
because it was right.
497
00:23:35,476 --> 00:23:38,880
Bill, what are you
talking about?
498
00:23:38,913 --> 00:23:41,515
Tell the judge
I'm ready to proceed.
499
00:23:45,819 --> 00:23:50,224
I'd see her in the park by
campus, you know, just jogging.
500
00:23:50,258 --> 00:23:51,692
I'd wave.
501
00:23:51,725 --> 00:23:54,428
One time, she stopped,
and we just talked a little.
502
00:23:54,462 --> 00:23:57,165
Tell us about your relationship.
503
00:23:57,198 --> 00:23:59,667
We'd meet late at night
when nobody was around.
504
00:23:59,700 --> 00:24:01,335
When it got colder,
505
00:24:01,369 --> 00:24:04,072
that's when she started
inviting me over to her place.
506
00:24:04,105 --> 00:24:06,074
And what would you do there?
507
00:24:06,107 --> 00:24:09,911
We'd talk, watch television.
508
00:24:09,944 --> 00:24:13,915
After a while,
we started having sex.
509
00:24:13,948 --> 00:24:16,117
She said...
510
00:24:16,150 --> 00:24:19,220
well, she said she always
wanted to be with a black man.
511
00:24:19,954 --> 00:24:21,722
So, you know...
512
00:24:21,755 --> 00:24:24,425
Turning your attention
to November 19th,
513
00:24:24,458 --> 00:24:27,395
the day Ms. McLaughlin
was killed,
514
00:24:27,428 --> 00:24:28,762
did you see her that day?
515
00:24:28,796 --> 00:24:31,332
Yes, outside the market.
516
00:24:31,365 --> 00:24:35,336
I offered to carry her bags,
like I'd done before,
517
00:24:35,369 --> 00:24:36,914
but she said she couldn't
see me anymore.
518
00:24:36,938 --> 00:24:38,572
Did she say why?
519
00:24:38,606 --> 00:24:41,642
No, so I followed her,
just trying to talk.
520
00:24:42,576 --> 00:24:43,744
When we got to her apartment,
521
00:24:43,777 --> 00:24:45,779
she said
she was seeing another guy.
522
00:24:45,813 --> 00:24:48,816
I begged her not to break us up.
523
00:24:48,850 --> 00:24:51,052
We argued for a little bit,
524
00:24:51,085 --> 00:24:53,121
and she said that she loved me.
525
00:24:53,787 --> 00:24:55,957
Did you make love
to her that day, sir?
526
00:24:55,990 --> 00:24:57,926
Yes.
527
00:24:57,959 --> 00:25:00,161
Afterwards, she said
she was gonna break up
528
00:25:00,194 --> 00:25:01,762
with that other guy that night,
529
00:25:01,795 --> 00:25:04,966
that he was supposed to be
coming over that night.
530
00:25:04,999 --> 00:25:07,201
When I left, she was alive.
531
00:25:08,636 --> 00:25:09,904
Thank you, sir.
532
00:25:17,545 --> 00:25:19,914
Do you know if anyone
ever saw you two at the park
533
00:25:19,948 --> 00:25:21,149
the day you met?
534
00:25:21,182 --> 00:25:22,851
I don't know.
535
00:25:22,884 --> 00:25:24,895
Do you know if anyone
ever saw you at the apartment?
536
00:25:24,919 --> 00:25:27,355
No, I always came
over there late at night.
537
00:25:27,388 --> 00:25:29,657
Anyone know anything
about the relationship?
538
00:25:29,690 --> 00:25:31,993
No. She liked
to keep it secret.
539
00:25:32,026 --> 00:25:35,897
So nobody can verify
a single part of your story?
540
00:25:35,930 --> 00:25:38,499
I guess because of our
different social places
541
00:25:38,532 --> 00:25:41,235
or whatever you want to call it,
542
00:25:41,269 --> 00:25:44,973
you know, she just liked
to keep it between us.
543
00:25:45,006 --> 00:25:46,740
Mr. Johnson...
544
00:25:48,609 --> 00:25:50,478
this is your booking photo.
545
00:25:50,511 --> 00:25:52,513
This is what you looked like
546
00:25:52,546 --> 00:25:55,216
the day after Linda McLaughlin
was killed, is that correct?
547
00:25:55,249 --> 00:25:56,650
Objection... relevance.
548
00:25:56,684 --> 00:25:57,651
Overruled.
549
00:25:57,685 --> 00:25:59,620
I was upset when
that picture was taken.
550
00:25:59,653 --> 00:26:01,255
You were homeless, filthy,
551
00:26:01,289 --> 00:26:03,357
off your meds,
yet you expect us...
552
00:26:03,391 --> 00:26:04,292
I'm not crazy!
553
00:26:04,325 --> 00:26:06,060
You expect the jury to believe
554
00:26:06,094 --> 00:26:08,462
the victim fell
in love with this,
555
00:26:08,496 --> 00:26:11,732
voluntarily had sex with this,
556
00:26:11,765 --> 00:26:14,435
willingly invited this
into her apartment,
557
00:26:14,468 --> 00:26:15,303
her life, her bed?
558
00:26:15,336 --> 00:26:16,437
Objection!
559
00:26:16,470 --> 00:26:17,405
Sustained.
560
00:26:17,438 --> 00:26:19,707
Linda was a beautiful person.
561
00:26:19,740 --> 00:26:23,311
She loved all kinds of people.
562
00:26:23,344 --> 00:26:25,413
She didn't care
what they looked like.
563
00:26:36,424 --> 00:26:38,026
You need to call
that Collins girl.
564
00:26:38,059 --> 00:26:41,395
It could end up backfiring on us
with some of the jurors.
565
00:26:41,429 --> 00:26:43,364
We can't afford to be that
sensitive, Helen.
566
00:26:43,397 --> 00:26:45,133
We try and be P. C.
Here, we lose.
567
00:26:45,166 --> 00:26:48,569
Collins refutes what Johnson
just testified to.
568
00:26:48,602 --> 00:26:50,204
She's all we have to refute it.
569
00:26:50,238 --> 00:26:53,174
Part of our strategy is
presenting sympathetic parents.
570
00:26:53,207 --> 00:26:54,475
It can't be about that now.
571
00:26:54,508 --> 00:26:56,420
It's about showing there
was never a relationship
572
00:26:56,444 --> 00:26:59,047
between Johnson
and the victim, period.
573
00:26:59,080 --> 00:27:00,849
You know Eugene's ready for her.
574
00:27:00,882 --> 00:27:04,285
We have no choice.
We need that witness.
575
00:27:04,318 --> 00:27:05,586
Call her.
576
00:27:09,657 --> 00:27:12,126
Do you know
why you're in custody?
577
00:27:12,160 --> 00:27:13,361
The government believes
578
00:27:13,394 --> 00:27:15,596
I may have information
about someone, I think.
579
00:27:15,629 --> 00:27:17,298
I don't really know.
580
00:27:17,331 --> 00:27:20,568
He didn't do anything, but he
may have known some people
581
00:27:20,601 --> 00:27:23,771
with ties to others who are
wanted for questioning.
582
00:27:23,804 --> 00:27:25,940
What information?
What do they think you know?
583
00:27:25,974 --> 00:27:27,008
Objection.
584
00:27:27,041 --> 00:27:29,343
Sustained. You can't know that,
Ms. Washington.
585
00:27:30,578 --> 00:27:32,780
You haven't talked
to your family in weeks.
586
00:27:32,813 --> 00:27:35,016
Why did they keep you
from talking to your family?
587
00:27:35,049 --> 00:27:37,818
They didn't.
I chose not to call my family.
588
00:27:39,020 --> 00:27:40,321
Why?
589
00:27:40,354 --> 00:27:42,123
I was told anyone I spoke with
590
00:27:42,156 --> 00:27:43,724
would be subject
to investigation.
591
00:27:43,757 --> 00:27:45,793
I do not want to bring
my family into this.
592
00:27:45,826 --> 00:27:47,795
My wife and children
were born here.
593
00:27:47,828 --> 00:27:51,599
They have no connection
to any Arab...
594
00:27:51,632 --> 00:27:52,834
other than me.
595
00:27:52,867 --> 00:27:55,036
Have you been interviewed?
596
00:27:55,069 --> 00:27:56,637
Many times.
597
00:27:56,670 --> 00:28:00,241
Did you know you had the right
to have an attorney present?
598
00:28:01,409 --> 00:28:02,810
I waived my rights.
599
00:28:05,546 --> 00:28:07,916
You waived them?
600
00:28:07,949 --> 00:28:09,050
Voluntarily?
601
00:28:09,083 --> 00:28:10,684
I talked to them on my own.
602
00:28:10,718 --> 00:28:12,887
They didn't force me,
not in any way.
603
00:28:12,921 --> 00:28:14,889
Did they make you afraid?
604
00:28:14,923 --> 00:28:17,425
Am I fearful?
I guess I would say yes,
605
00:28:17,458 --> 00:28:20,261
but I have made
all my decisions voluntarily.
606
00:28:20,294 --> 00:28:25,033
You voluntarily refused
to speak to your family?
607
00:28:25,066 --> 00:28:28,069
I explained that.
I didn't want to involve them.
608
00:28:28,102 --> 00:28:31,305
Calling your wife
to say you're okay,
609
00:28:31,339 --> 00:28:33,107
that would involve her?
610
00:28:34,108 --> 00:28:36,077
I couldn't be sure it wouldn't.
611
00:28:36,110 --> 00:28:39,047
Mr. McNally, if Mr. Habib
is not a suspect
612
00:28:39,080 --> 00:28:41,649
and he's cooperating,
why can't he go home?
613
00:28:41,682 --> 00:28:44,452
We're learning new information
all the time
614
00:28:44,485 --> 00:28:46,454
from wiretaps,
overseas contacts.
615
00:28:46,487 --> 00:28:48,822
He may know more than
even he realizes.
616
00:28:48,857 --> 00:28:51,492
But he'll stay available to you.
He's not going anywhere.
617
00:28:51,525 --> 00:28:53,494
He volunteered to help.
618
00:28:53,527 --> 00:28:55,363
We can't risk losing him.
619
00:28:55,396 --> 00:28:57,631
Look, we are trying to get
the information we need
620
00:28:57,665 --> 00:29:00,568
to stop the potential murder
of thousands of Americans.
621
00:29:00,601 --> 00:29:02,937
That means depriving some
Americans of their civil rights.
622
00:29:02,971 --> 00:29:04,973
I don't like it,
but that's how it is.
623
00:29:05,006 --> 00:29:07,708
You're imprisoning
an innocent man.
624
00:29:07,741 --> 00:29:10,478
Miss Washington, enough!
625
00:29:10,511 --> 00:29:12,080
If my country thinks
I should be here,
626
00:29:12,113 --> 00:29:14,815
I will stay here!
627
00:29:14,849 --> 00:29:16,517
Your country?
628
00:29:16,550 --> 00:29:20,288
Yes, I am an American!
I am serving my country!
629
00:29:21,789 --> 00:29:24,225
Mr. Habib...
630
00:29:24,258 --> 00:29:25,726
have you been tortured?
631
00:29:25,759 --> 00:29:26,928
No.
632
00:29:26,961 --> 00:29:29,430
Have you been mistreated
physically in any way?
633
00:29:29,463 --> 00:29:30,364
No!
634
00:29:30,398 --> 00:29:32,300
And you do not oppose
being held further?
635
00:29:32,333 --> 00:29:33,701
I do not!
Your Honor, please wait.
636
00:29:33,734 --> 00:29:35,336
Miss Washington, I'm sorry.
637
00:29:35,369 --> 00:29:37,638
In war, law is silent.
638
00:29:38,806 --> 00:29:40,208
Habeas motion is denied.
639
00:29:40,241 --> 00:29:42,476
Mr. Habib shall
remain in custody.
640
00:29:49,517 --> 00:29:52,786
There is no way Linda McLaughlin
was dating that man.
641
00:29:52,820 --> 00:29:53,621
You know this?
642
00:29:53,654 --> 00:29:55,123
We were real close.
643
00:29:55,156 --> 00:29:58,492
If she was dating someone,
I'd know.
644
00:29:58,526 --> 00:30:00,428
To your knowledge,
was she dating anyone?
645
00:30:00,461 --> 00:30:01,930
Objection... speculation.
646
00:30:01,963 --> 00:30:02,964
Goes to rebuttal.
647
00:30:02,997 --> 00:30:04,966
We can refute the existence
of a relationship.
648
00:30:04,999 --> 00:30:06,467
Proceed.
649
00:30:06,500 --> 00:30:09,971
She wasn't dating him.
650
00:30:10,004 --> 00:30:10,939
I'm sure.
651
00:30:10,972 --> 00:30:12,640
How do you know?
652
00:30:12,673 --> 00:30:14,275
We talked about it,
653
00:30:14,308 --> 00:30:17,946
about interracial relationships,
on occasion.
654
00:30:17,979 --> 00:30:20,314
She said...
655
00:30:20,348 --> 00:30:24,518
she said she wouldn't date
African-Americans.
656
00:30:24,552 --> 00:30:25,719
Ever.
657
00:30:25,753 --> 00:30:27,922
Those were her exact words?
658
00:30:27,956 --> 00:30:28,822
Yes.
659
00:30:28,857 --> 00:30:29,991
Among other things,
660
00:30:30,024 --> 00:30:32,360
she said her parents would have
a big problem with it,
661
00:30:32,393 --> 00:30:35,029
particularly her dad.
662
00:30:35,063 --> 00:30:36,564
Thank you, Miss Collins.
663
00:30:41,002 --> 00:30:42,770
You didn't live with her,
did you?
664
00:30:42,803 --> 00:30:44,172
No.
665
00:30:44,205 --> 00:30:47,108
So it's possible she was seeing
him without you knowing?
666
00:30:47,141 --> 00:30:50,078
No. That's not possible.
667
00:30:51,379 --> 00:30:53,047
How can you know that?
668
00:30:53,081 --> 00:30:54,582
Because of what she said.
669
00:30:54,615 --> 00:30:56,885
That her parents
would have a problem
670
00:30:56,918 --> 00:30:58,219
with her dating a black man,
671
00:30:58,252 --> 00:30:59,487
Yes.
672
00:30:59,520 --> 00:31:00,154
Especially her father?
673
00:31:00,188 --> 00:31:00,922
Yes.
674
00:31:00,955 --> 00:31:02,132
Her father's a racist, isn't he?
675
00:31:02,156 --> 00:31:03,691
- Objection.
- Goes to bias.
676
00:31:03,724 --> 00:31:04,893
What bias?
677
00:31:04,926 --> 00:31:07,061
The victim concealed her
relationship with my client
678
00:31:07,095 --> 00:31:09,363
because she feared her father,
who hates black people.
679
00:31:09,397 --> 00:31:10,431
Objection!
680
00:31:10,464 --> 00:31:12,901
I'm warning you both
for the last time.
681
00:31:12,934 --> 00:31:15,236
Mr. Young, move on.
682
00:31:15,803 --> 00:31:18,172
Miss Collins...
683
00:31:18,206 --> 00:31:19,908
when you
and Linda McLaughlin spoke
684
00:31:19,941 --> 00:31:22,911
of interracial relationships,
685
00:31:22,944 --> 00:31:24,412
what was your position
on the matter?
686
00:31:26,314 --> 00:31:27,849
I was against them, too.
687
00:31:27,882 --> 00:31:30,218
So Linda, knowing this,
688
00:31:30,251 --> 00:31:31,986
maybe she didn't want you
to find out
689
00:31:32,020 --> 00:31:33,321
about her and Daryl either.
690
00:31:33,354 --> 00:31:34,889
Objection... Speculation.
691
00:31:34,923 --> 00:31:36,224
Overruled.
692
00:31:36,257 --> 00:31:38,359
Maybe because she knew
you were a bigot, Ms. Collins,
693
00:31:38,392 --> 00:31:40,728
Linda just said she didn't want
to date a black man.
694
00:31:40,761 --> 00:31:41,795
Objection!
695
00:31:41,829 --> 00:31:43,797
That is more than enough,
Mr. Young.
696
00:31:43,832 --> 00:31:45,967
The witness may step down.
697
00:31:52,073 --> 00:31:54,242
I assume the parties rest?
698
00:31:54,275 --> 00:31:55,809
We have a rebuttal witness.
699
00:31:55,844 --> 00:31:57,011
And who is that?
700
00:31:57,045 --> 00:31:59,180
Joe McLaughlin,
the victim's father.
701
00:31:59,213 --> 00:32:01,082
Objection!
I have legitimate reasons
702
00:32:01,115 --> 00:32:02,650
to call him.
Name one.
703
00:32:02,683 --> 00:32:05,219
The D. A.'s own witness just said
the daughter had a motive
704
00:32:05,253 --> 00:32:07,388
to hide her relationship
from her father.
705
00:32:07,421 --> 00:32:08,923
I'm allowed to pursue that.
706
00:32:08,957 --> 00:32:10,191
I would ask the court for time
707
00:32:10,224 --> 00:32:11,368
to consult
with Mr. McLaughlin...
708
00:32:11,392 --> 00:32:13,394
You can't have that right.
He's my witness.
709
00:32:13,427 --> 00:32:16,030
Enough!
710
00:32:16,064 --> 00:32:18,499
Mr. McLaughlin...
711
00:32:18,532 --> 00:32:21,035
after lunch,
you will take the stand.
712
00:32:35,349 --> 00:32:36,961
Do you swear to tell
the truth, the whole truth,
713
00:32:36,985 --> 00:32:39,153
and nothing but the truth,
so help you God?
714
00:32:39,187 --> 00:32:40,054
I do.
715
00:32:40,088 --> 00:32:41,856
Be seated.
716
00:32:45,626 --> 00:32:46,928
Mr. McLaughlin,
717
00:32:46,961 --> 00:32:50,131
did you pressure your daughter
not to date black men?
718
00:32:53,902 --> 00:32:55,603
I asked you a question, sir.
719
00:32:56,537 --> 00:32:59,073
My daughter was killed by that
man sitting right there.
720
00:32:59,107 --> 00:33:00,508
Move to strike... nonresponsive.
721
00:33:00,541 --> 00:33:03,077
Instruct the witness
to answer the question.
722
00:33:03,111 --> 00:33:05,546
Sustained.
The jury will disregard.
723
00:33:05,579 --> 00:33:08,616
Please answer the question,
Mr. McLaughlin.
724
00:33:09,851 --> 00:33:13,487
I never pressured my daughter
not to date black men.
725
00:33:13,521 --> 00:33:15,623
Well, was she mistaken
or did she lie
726
00:33:15,656 --> 00:33:17,734
when she told Betsy Collins
that you would have trouble
727
00:33:17,758 --> 00:33:19,961
with her having
an interracial relationship
728
00:33:19,994 --> 00:33:21,695
like the one she had
with my client?
729
00:33:21,729 --> 00:33:22,663
Objection.
730
00:33:22,696 --> 00:33:24,966
There was no relationship
with your client
731
00:33:24,999 --> 00:33:26,134
Was she afraid to tell you?
732
00:33:26,167 --> 00:33:27,035
Objection!
733
00:33:27,068 --> 00:33:28,802
I am not a racist,
Mr. Young.
734
00:33:28,837 --> 00:33:31,472
But you were against
interracial relationships?
735
00:33:32,340 --> 00:33:35,844
Like any father, I wanted my
daughter to have a good life.
736
00:33:35,877 --> 00:33:38,012
I was really worried about
interracial relationships
737
00:33:38,046 --> 00:33:39,613
because they were subject
to bigotry,
738
00:33:39,647 --> 00:33:41,582
hatred for the couple.
739
00:33:41,615 --> 00:33:43,684
I mean, for the kids.
740
00:33:43,717 --> 00:33:45,053
I see.
741
00:33:45,086 --> 00:33:47,755
So to protect her from bigots,
you decided to become one?
742
00:33:47,788 --> 00:33:49,590
- Objection!
- Withdrawn.
743
00:33:49,623 --> 00:33:51,825
She knew you'd disapprove
if she did date a black man,
744
00:33:51,860 --> 00:33:53,294
didn't she, Mr. McLaughlin?
745
00:33:53,327 --> 00:33:55,629
She never dated that man!
746
00:33:55,663 --> 00:33:57,198
Because if she did,
747
00:33:57,231 --> 00:33:59,133
she would have told you
all about it, right,
748
00:33:59,167 --> 00:34:02,336
knowing how open-minded
you can be?
749
00:34:02,370 --> 00:34:04,438
If he's black,
750
00:34:04,472 --> 00:34:06,807
it had to be rape,
751
00:34:06,841 --> 00:34:08,076
right, Mr. McLaughlin?
752
00:34:08,109 --> 00:34:09,143
Objection!
753
00:34:09,177 --> 00:34:10,478
Sustained.
754
00:34:18,819 --> 00:34:20,321
He agreed to be held.
755
00:34:20,354 --> 00:34:22,223
For what?!
756
00:34:22,256 --> 00:34:24,058
He didn't do anything.
757
00:34:26,027 --> 00:34:28,262
Are they torturing
witnesses now, Rebecca?
758
00:34:28,296 --> 00:34:29,931
I cannot believe that.
759
00:34:29,964 --> 00:34:33,167
I read it in the paper.
Maybe the CIA is doing that now.
760
00:34:33,201 --> 00:34:34,869
You asked the question yourself.
761
00:34:34,903 --> 00:34:38,072
Doctor, you know your husband,
his personality, his demeanor.
762
00:34:38,106 --> 00:34:40,008
Did he seem like
maybe he'd been tortured?
763
00:34:42,110 --> 00:34:44,245
He seemed...
764
00:34:44,278 --> 00:34:46,580
He seemed what?
765
00:34:46,614 --> 00:34:50,952
Intent on proving
his loyalty to America.
766
00:34:53,821 --> 00:34:55,756
Desperate to prove it.
767
00:35:03,197 --> 00:35:06,534
Closing arguments
are not evidence.
768
00:35:06,567 --> 00:35:10,471
Nothing the lawyers
say is evidence.
769
00:35:10,504 --> 00:35:15,543
Your verdict must be based
solely on evidence.
770
00:35:15,576 --> 00:35:18,212
They had an affair.
771
00:35:18,246 --> 00:35:21,649
The prosecution refuses
to believe it. Why?
772
00:35:21,682 --> 00:35:24,718
The man in the parking lot sees
a black man with a white woman
773
00:35:24,752 --> 00:35:27,188
and assumes he's hassling her.
774
00:35:27,221 --> 00:35:29,823
The woman in the hallway can't
tell one black man from another,
775
00:35:29,858 --> 00:35:32,493
so the prosecution
would have you believe
776
00:35:32,526 --> 00:35:33,962
that the only relationship
777
00:35:33,995 --> 00:35:36,831
that could be between
a black man and white woman
778
00:35:36,865 --> 00:35:39,267
is killer and victim.
779
00:35:39,300 --> 00:35:41,602
The defendant
was seen arguing with her
780
00:35:41,635 --> 00:35:43,271
in the parking lot.
781
00:35:43,304 --> 00:35:47,976
A witness watched him
follow her home angry.
782
00:35:48,009 --> 00:35:51,312
He was seen coming out
of Linda's apartment.
783
00:35:51,345 --> 00:35:53,781
His prints were on
the murder weapon.
784
00:35:53,814 --> 00:35:56,517
His semen was found
in the victim.
785
00:35:56,550 --> 00:36:00,188
Neither the race
of the defendant nor the victim
786
00:36:00,221 --> 00:36:04,192
should have any bearing
on your verdict.
787
00:36:04,225 --> 00:36:05,826
It is irrelevant
788
00:36:05,860 --> 00:36:08,596
and must not be considered
by you in any way.
789
00:36:08,629 --> 00:36:10,899
Linda McLaughlin had a motive
790
00:36:10,932 --> 00:36:13,467
to deny her relationship
with my client.
791
00:36:15,303 --> 00:36:17,538
She feared her father.
792
00:36:17,571 --> 00:36:20,741
Her father
doesn't like black people.
793
00:36:20,774 --> 00:36:24,778
There's no evidence to suggest
someone else killed her.
794
00:36:24,812 --> 00:36:28,216
No one else's prints were found
anywhere in the apartment.
795
00:36:28,249 --> 00:36:32,921
The evidence points
only to the defendant.
796
00:36:32,954 --> 00:36:35,123
Of course his prints
were on the lamp.
797
00:36:35,156 --> 00:36:37,058
He would visit her.
He slept with her.
798
00:36:37,091 --> 00:36:39,493
They only looked
for one defendant.
799
00:36:39,527 --> 00:36:43,031
Daryl Johnson is on trial,
ladies and gentlemen,
800
00:36:43,064 --> 00:36:46,567
simply because he's black.
801
00:36:46,600 --> 00:36:47,936
All we ask is...
802
00:36:52,573 --> 00:36:53,842
honor your oath.
803
00:37:05,954 --> 00:37:06,654
Hey.
804
00:37:06,687 --> 00:37:07,688
Hey.
805
00:37:10,158 --> 00:37:11,259
What's happening?
806
00:37:11,292 --> 00:37:13,027
Nothing.
807
00:37:13,061 --> 00:37:15,529
He's in custody, he's instructed
me not to challenge it,
808
00:37:15,563 --> 00:37:17,265
and he's staying in custody.
809
00:37:17,298 --> 00:37:18,266
For how long?
810
00:37:18,299 --> 00:37:21,602
I don't know.
The case is over.
811
00:37:21,635 --> 00:37:25,273
I'm working on the neely
interrogatories now anyway.
812
00:37:25,306 --> 00:37:27,241
Okay.
You all right?
813
00:37:27,842 --> 00:37:29,743
Why wouldn't I be all right?
814
00:37:30,344 --> 00:37:31,379
Rebecca.
815
00:37:36,017 --> 00:37:38,486
We're back.
816
00:37:38,519 --> 00:37:39,587
We're back to...
817
00:37:39,620 --> 00:37:41,489
Interning people,
818
00:37:41,522 --> 00:37:44,358
sticking them in prison because
of where they were born.
819
00:37:44,392 --> 00:37:46,794
It happened in World War II
with the Japanese-Americans,
820
00:37:46,827 --> 00:37:48,429
and it's back.
821
00:37:48,462 --> 00:37:49,673
The government will apologize
for it later,
822
00:37:49,697 --> 00:37:51,165
but then it'll be too late.
823
00:37:51,199 --> 00:37:53,968
Innocent people are having
their lives ruined now.
824
00:37:57,071 --> 00:38:01,109
Mr. Habib... he thinks being
a good American
825
00:38:01,142 --> 00:38:04,278
is giving up your rights,
not fighting for them.
826
00:38:07,281 --> 00:38:08,682
Most people know
827
00:38:08,716 --> 00:38:10,751
that Arab-Americans
are Americans, Rebecca,
828
00:38:10,784 --> 00:38:12,486
and that they're our neighbors,
829
00:38:12,520 --> 00:38:15,623
but everyone's afraid.
830
00:38:17,859 --> 00:38:20,228
We don't know who we know
and who we don't know and...
831
00:38:21,963 --> 00:38:23,531
we're afraid.
832
00:38:25,766 --> 00:38:28,102
Yeah.
833
00:38:29,570 --> 00:38:31,739
We're back.
834
00:38:58,332 --> 00:39:00,001
Let the record reflect
835
00:39:00,034 --> 00:39:01,735
that the parties are present
836
00:39:01,769 --> 00:39:04,005
and that the jury has returned.
837
00:39:04,038 --> 00:39:06,307
The defendant will please rise.
838
00:39:08,109 --> 00:39:11,846
Mr. Forman, as to the charge
of murder in the first degree,
839
00:39:11,880 --> 00:39:13,814
how say you?
840
00:39:13,848 --> 00:39:16,985
Your honor,
the jury has a statement.
841
00:39:17,018 --> 00:39:18,987
You have a what?
842
00:39:19,020 --> 00:39:21,065
We were told it was our civic
duty to serve on a jury
843
00:39:21,089 --> 00:39:24,092
because the constitution
guarantees every defendant
844
00:39:24,125 --> 00:39:27,061
the absolute right to be judged
by a jury of his peers.
845
00:39:27,095 --> 00:39:28,562
This is not a forum for...
846
00:39:28,596 --> 00:39:30,198
We were told
that the American system,
847
00:39:30,231 --> 00:39:31,299
for all its flaws,
848
00:39:31,332 --> 00:39:33,067
is the best system in the world
849
00:39:33,101 --> 00:39:35,603
because of the concept
of the citizen jury.
850
00:39:35,636 --> 00:39:37,047
Move for immediate reading
of the verdict.
851
00:39:37,071 --> 00:39:39,040
But what we found... Sir!
852
00:39:40,774 --> 00:39:42,543
You have one more chance
853
00:39:42,576 --> 00:39:45,046
before you risk
a finding of contempt.
854
00:39:47,448 --> 00:39:50,051
Have you all agreed
on a verdict?
855
00:39:50,084 --> 00:39:53,187
What we've agreed on
856
00:39:53,221 --> 00:39:55,990
is that this has been about...
857
00:39:56,024 --> 00:40:00,929
the most appalling spectacle
we have ever seen.
858
00:40:00,962 --> 00:40:02,172
The only thing
that should matter in here
859
00:40:02,196 --> 00:40:06,467
is did the defendant
or did he not commit the crime?
860
00:40:06,500 --> 00:40:08,903
Nobody here cares...
Not her, not him.
861
00:40:11,840 --> 00:40:14,142
And not you.
862
00:40:14,175 --> 00:40:16,710
Nothing that's gone on here
has been about giving the jurors
863
00:40:16,744 --> 00:40:21,415
the information they need
to make the right decision.
864
00:40:21,449 --> 00:40:24,652
A girl is dead.
A man's freedom is at risk.
865
00:40:24,685 --> 00:40:28,556
If he killed her, his liberties
should be forfeited,
866
00:40:28,589 --> 00:40:31,725
and we're supposed to decide...
867
00:40:31,759 --> 00:40:34,228
based on what, exactly?
868
00:40:36,831 --> 00:40:39,067
We want justice for the victim,
869
00:40:41,002 --> 00:40:43,637
but we can't provide it.
870
00:40:43,671 --> 00:40:46,240
Are you saying you cannot reach
871
00:40:46,274 --> 00:40:48,176
a unanimous verdict?
872
00:40:48,209 --> 00:40:50,544
No, your honor.
873
00:40:50,578 --> 00:40:52,813
What we're saying
is we refuse to try.
874
00:40:54,582 --> 00:40:55,850
We have not reached a verdict.
875
00:40:55,884 --> 00:40:58,552
We will not reach a verdict.
876
00:40:59,687 --> 00:41:02,490
If you want to hold us
in contempt,
877
00:41:02,523 --> 00:41:03,901
well, there's a certain justice
in that
878
00:41:03,925 --> 00:41:06,094
because contempt
is what we feel.
879
00:41:17,038 --> 00:41:18,606
You are in contempt.
880
00:41:18,639 --> 00:41:22,410
Security, would you please take
the jury into custody?
881
00:41:23,744 --> 00:41:26,314
I declare this a mistrial.
882
00:41:26,347 --> 00:41:28,182
Miss Gamble, you may ask
for a date
883
00:41:28,216 --> 00:41:30,885
to begin the retrial.
884
00:41:31,685 --> 00:41:32,954
We're adjourned.
885
00:42:22,303 --> 00:42:24,772
The judge allowed me
to withdraw,
886
00:42:24,805 --> 00:42:28,776
so for the next trial...
887
00:42:28,809 --> 00:42:32,146
you have my best wishes.
888
00:42:32,180 --> 00:42:33,314
Thank you.
889
00:42:36,017 --> 00:42:38,819
Well, they certainly reached
a verdict on us, anyway.
890
00:42:40,221 --> 00:42:41,990
Yep.
891
00:42:43,724 --> 00:42:47,695
Got a little ugly, but I don't
think we were that out of line.
892
00:42:47,728 --> 00:42:50,899
It's a trial.
What do they expect?
893
00:42:50,932 --> 00:42:52,733
I don't know.
894
00:42:52,766 --> 00:42:53,835
You know jurors.
895
00:42:58,072 --> 00:43:00,708
We can't beat ourselves up
over this, Eugene.
896
00:43:04,545 --> 00:43:06,280
Nope.
897
00:43:06,314 --> 00:43:09,383
Heads high.
898
00:43:09,417 --> 00:43:10,751
Heads high.
899
00:43:45,086 --> 00:43:46,154
You stinker.
64727
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