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1
00:00:04,569 --> 00:00:07,672
How can this be happening?!
2
00:00:07,706 --> 00:00:09,674
Miguel, the victim's wife
3
00:00:09,708 --> 00:00:11,109
identifies you as the killer.
4
00:00:11,142 --> 00:00:12,511
The DA's gonna listen.
5
00:00:12,544 --> 00:00:14,346
And you being the fiancee,
6
00:00:14,379 --> 00:00:16,515
they'll tend not to believe
your alibi.
7
00:00:16,548 --> 00:00:18,717
We need to talk about
the plea deal.
8
00:00:18,750 --> 00:00:21,820
(speaking Spanish)
9
00:00:24,956 --> 00:00:26,958
Do you believe I'm innocent?
10
00:00:26,991 --> 00:00:29,528
It's not important
what we believe.
11
00:00:29,561 --> 00:00:30,895
It's important to me.
12
00:00:30,929 --> 00:00:35,767
Miguel? Yes, we know
they have the wrong man.
13
00:00:39,304 --> 00:00:43,007
The deal the DA offered--
it's 11 years, right?
14
00:00:43,041 --> 00:00:44,943
No, Miguel.
I'm just asking.
15
00:00:44,976 --> 00:00:47,379
No, I'm not letting you
go away 11 years
16
00:00:47,412 --> 00:00:49,013
for a crime you didn't do.
17
00:00:49,047 --> 00:00:53,217
Miguel...
I think we can win this.
18
00:00:53,251 --> 00:00:54,919
I really do.
19
00:00:56,020 --> 00:00:57,556
Are you still with me?
20
00:01:01,426 --> 00:01:02,427
Okay.
21
00:01:03,928 --> 00:01:05,597
What do you mean
you can't win?
22
00:01:05,630 --> 00:01:07,532
I didn't say I can't.
23
00:01:07,566 --> 00:01:09,167
I'm saying
it will be difficult--
24
00:01:09,200 --> 00:01:11,770
I saw him, Helen.
I was there.
25
00:01:11,803 --> 00:01:12,737
Understood.
26
00:01:12,771 --> 00:01:14,873
And the integrity
of your word aside,
27
00:01:14,906 --> 00:01:16,808
eyewitness testimony's
not a lock,
28
00:01:16,841 --> 00:01:20,211
especially when it stands alone,
which it does here.
29
00:01:20,244 --> 00:01:22,280
What are you suggesting?
30
00:01:22,314 --> 00:01:24,949
Well, they turned down 11.
I'd like to go back with eight.
31
00:01:24,983 --> 00:01:26,150
Eight years?
32
00:01:26,184 --> 00:01:27,419
For murder?
33
00:01:27,452 --> 00:01:29,020
It takes him
off the street.
34
00:01:29,053 --> 00:01:32,524
My husband's life was worth
more than eight years.
35
00:01:32,557 --> 00:01:35,627
Emily, it's not about measuring
your husband's life.
36
00:01:35,660 --> 00:01:38,229
It's about ensuring that the man
who shot him, in fact,
37
00:01:38,262 --> 00:01:39,297
goes to prison.
38
00:01:40,164 --> 00:01:42,734
I want him in prison
forever.
39
00:01:42,767 --> 00:01:45,169
(sighs)
40
00:01:45,203 --> 00:01:46,938
Okay.
41
00:01:46,971 --> 00:01:48,707
I said I'd let it be
your call.
42
00:01:49,841 --> 00:01:51,343
So we'll go to trial.
43
00:01:54,112 --> 00:01:57,115
(music playing)
44
00:02:47,065 --> 00:02:49,233
You promised me
you'd stop shoplifting.
45
00:02:49,267 --> 00:02:53,004
I didn't boost nothing!
I'm innocent this time!
46
00:02:53,037 --> 00:02:54,306
You're innocent?
Yes!
47
00:02:54,339 --> 00:02:55,774
You had the stereo
in your coat!
48
00:02:55,807 --> 00:02:57,609
That was a present
for my mom's birthday.
49
00:02:57,642 --> 00:02:59,110
(sighs)
50
00:02:59,143 --> 00:03:01,179
How can it be stealing
if it's for someone else?
51
00:03:01,212 --> 00:03:03,715
Okay, that's a defense
we're not putting on.
52
00:03:03,748 --> 00:03:05,183
Look, I gave it back.
53
00:03:05,216 --> 00:03:06,885
(sighs)
54
00:03:09,187 --> 00:03:10,889
So, what--
what am I looking at?
55
00:03:12,691 --> 00:03:14,092
They are charging you
56
00:03:14,125 --> 00:03:16,861
under the common and notorious
thief statute.
57
00:03:18,563 --> 00:03:19,698
Is that bad?
58
00:03:19,731 --> 00:03:21,533
It's very bad.
59
00:03:21,566 --> 00:03:23,902
It means the penalties
go way up.
60
00:03:23,935 --> 00:03:25,637
(sighs)
61
00:03:25,670 --> 00:03:27,271
Let me try
to plead you out.
62
00:03:27,306 --> 00:03:29,007
I have a good relationship
with the DA.
63
00:03:29,040 --> 00:03:32,243
Maybe I can get you
six months.
64
00:03:32,276 --> 00:03:33,845
Six months?
65
00:03:33,878 --> 00:03:38,717
Maynard, if we lose at trial,
the max is 20 years,
66
00:03:38,750 --> 00:03:40,785
and I don't know how
we can win!
67
00:03:44,489 --> 00:03:45,490
(sighs)
68
00:03:49,027 --> 00:03:50,061
All right.
69
00:03:50,094 --> 00:03:52,597
This is an hour before
the murder.
70
00:03:52,631 --> 00:03:55,133
The store's a block
from the crime scene.
71
00:03:55,166 --> 00:03:56,401
We were interested
72
00:03:56,435 --> 00:03:59,338
because the shooter was
described as a male Hispanic,
73
00:03:59,371 --> 00:04:01,540
early 20s, dark jacket.
74
00:04:01,573 --> 00:04:05,310
We used credit-card records
to track this man down.
75
00:04:05,344 --> 00:04:06,345
HELEN: Do you see him
in the room?
76
00:04:06,378 --> 00:04:08,947
Yes.
He's the defendant.
77
00:04:08,980 --> 00:04:11,149
Right there.
Miguel Havalera.
78
00:04:11,883 --> 00:04:13,017
Then what happened?
79
00:04:13,051 --> 00:04:14,453
We spoke with Mr. Havalera.
80
00:04:14,486 --> 00:04:17,856
He gave us an alibi,
but we were not convinced.
81
00:04:17,889 --> 00:04:21,460
So we had Mr. Havalera stand
in a lineup for Mrs. Coyne.
82
00:04:21,493 --> 00:04:23,762
HELEN: Based on what
Mrs. Coyne told you,
83
00:04:23,795 --> 00:04:25,464
what did you do next?
84
00:04:25,497 --> 00:04:28,533
We arrested Mr. Havalera
for the murder of Trevor Coyne.
85
00:04:30,034 --> 00:04:33,472
The lineup was a full
two months after the murder.
86
00:04:33,505 --> 00:04:34,706
That's correct.
87
00:04:34,739 --> 00:04:36,007
And before the lineup,
88
00:04:36,040 --> 00:04:38,977
you told Mrs. Coyne
you had a suspect--
89
00:04:39,010 --> 00:04:40,078
did you not, Detective?
90
00:04:40,111 --> 00:04:41,380
Yes.
91
00:04:41,413 --> 00:04:44,783
So, it's likely she had
an expectation
92
00:04:44,816 --> 00:04:46,618
that you had the right man
in custody.
93
00:04:46,651 --> 00:04:49,588
Objection. The witness
has no foundation
on the expectations--
94
00:04:49,621 --> 00:04:51,022
Sustained.
95
00:04:51,055 --> 00:04:53,892
Detective... are you
aware of the study
96
00:04:53,925 --> 00:04:56,194
showing how easily
witness recollections
97
00:04:56,227 --> 00:04:57,796
can be manipulated?
98
00:04:57,829 --> 00:05:00,432
I'm aware of studies
going both ways, counselor.
99
00:05:00,465 --> 00:05:03,302
Have you read the Cardozo
Law School study
100
00:05:03,335 --> 00:05:07,539
showing that 65
of 77 wrongful convictions
101
00:05:07,572 --> 00:05:09,341
overturned in the last decade
102
00:05:09,374 --> 00:05:12,043
resulted from eyewitness
mistakes?
103
00:05:12,076 --> 00:05:14,879
Objection. Mr. Berluti
is now giving testimony.
104
00:05:14,913 --> 00:05:17,248
Sustained.
Ask questions, counsel,
105
00:05:17,281 --> 00:05:18,917
don't provide answers.
106
00:05:18,950 --> 00:05:21,920
Detective, you have
no physical evidence
107
00:05:21,953 --> 00:05:24,155
connecting my client
to this crime.
108
00:05:24,188 --> 00:05:26,358
Isn't that right?
No fingerprints,
109
00:05:26,391 --> 00:05:28,660
murder weapon, DNA?
110
00:05:28,693 --> 00:05:30,429
That's correct.
111
00:05:31,496 --> 00:05:33,131
I don't think
he hurt us too bad.
112
00:05:33,164 --> 00:05:35,334
The key will be her,
the eyewitness.
113
00:05:35,367 --> 00:05:37,402
You ready?
As ready as I can be,
I guess.
114
00:05:37,436 --> 00:05:39,404
Mr. Berluti...
Ms. Dole.
115
00:05:39,438 --> 00:05:40,639
Yes?
116
00:05:40,672 --> 00:05:42,206
I was in the Courtroom
just then.
117
00:05:42,240 --> 00:05:45,143
It's a hobby of mine.
I'm a Court buff.
118
00:05:45,176 --> 00:05:47,078
I was curious--
do you think you'll win this?
119
00:05:48,613 --> 00:05:49,981
I'm sorry. You are...?
120
00:05:50,014 --> 00:05:51,950
Michael Crane.
I'm a Minister
121
00:05:51,983 --> 00:05:54,419
with the First Presbyterian
Church in Jamaica Plain.
122
00:05:54,453 --> 00:05:55,854
If I hadn't gone
into the clergy,
123
00:05:55,887 --> 00:05:58,022
I think I would have opted
for law school.
124
00:05:58,056 --> 00:05:59,858
I love monitoring big cases,
125
00:05:59,891 --> 00:06:02,494
and homicides are always
quite fascinating.
126
00:06:02,527 --> 00:06:04,363
I was just wondering
127
00:06:04,396 --> 00:06:06,130
whether you think you can get
an acquittal here.
128
00:06:06,164 --> 00:06:08,767
Well, I'm sorry, Reverend,
129
00:06:08,800 --> 00:06:11,102
but we don't really discuss
our cases with anybody.
130
00:06:11,936 --> 00:06:13,372
Of course.
131
00:06:13,405 --> 00:06:15,273
Well, good luck
to you both, anyway.
132
00:06:15,307 --> 00:06:16,741
Thank you.
133
00:06:19,844 --> 00:06:22,614
Come on, Ellenor.
Collared three times
in six months--
134
00:06:22,647 --> 00:06:23,748
my heart's not exactly
bleeding.
135
00:06:23,782 --> 00:06:25,249
Minor shoplifting beefs.
136
00:06:25,283 --> 00:06:27,118
We're getting pressured upstairs
to make some examples.
137
00:06:27,151 --> 00:06:29,220
Well, just don't make one
of Maynard Parrish.
138
00:06:29,253 --> 00:06:31,089
His biggest crime
is being stupid.
139
00:06:31,122 --> 00:06:32,123
He's a sweet kid!
140
00:06:32,156 --> 00:06:34,158
Yes, I know,
they're all sweet.
141
00:06:34,192 --> 00:06:35,760
Do I tell you they're sweet?
142
00:06:35,794 --> 00:06:38,062
(sighs)
Come on.
143
00:06:38,096 --> 00:06:40,399
Our relationship has
to count for something.
144
00:06:42,301 --> 00:06:43,535
Come by my office.
145
00:06:43,568 --> 00:06:44,903
I'll see if we can work
something.
146
00:06:44,936 --> 00:06:46,938
You see?
Now you're sweet.
147
00:06:46,971 --> 00:06:48,807
And that I will stand by.
148
00:06:48,840 --> 00:06:51,009
Yeah, yeah, yeah.
149
00:06:52,110 --> 00:06:55,780
We finished dinner
around 9:30.
150
00:06:55,814 --> 00:06:58,617
We were walking to our car...
151
00:06:58,650 --> 00:07:01,486
when a man ran across
the street.
152
00:07:01,520 --> 00:07:02,587
Right towards us.
153
00:07:03,688 --> 00:07:05,690
I noticed he had a gun.
154
00:07:05,724 --> 00:07:09,193
He asked for
our wallets, jewelry.
155
00:07:09,227 --> 00:07:11,330
What happened next,
Mrs. Coyne?
156
00:07:11,363 --> 00:07:13,532
Trevor took a step
in front of me.
157
00:07:15,667 --> 00:07:18,002
Probably didn't even
realize he'd done it.
158
00:07:19,203 --> 00:07:20,605
Then what happened?
159
00:07:20,639 --> 00:07:22,474
(voice breaking)
I heard a shot.
160
00:07:24,008 --> 00:07:27,312
And I saw fire shoot out
of the gun.
161
00:07:28,947 --> 00:07:30,715
And I was covered with blood.
162
00:07:34,319 --> 00:07:36,455
And I heard Trevor scream.
163
00:07:36,488 --> 00:07:38,457
What did your attacker do?
164
00:07:38,490 --> 00:07:43,762
He stood there,
like he was frozen
for a few seconds.
165
00:07:43,795 --> 00:07:46,197
(sniffs)
And then he ran off.
166
00:07:46,230 --> 00:07:49,200
Mrs. Coyne, did you get
a good look at his face?
167
00:07:49,233 --> 00:07:50,802
Yes.
168
00:07:50,835 --> 00:07:53,305
He was only
about ten feet away.
169
00:07:53,338 --> 00:07:55,807
Do you see
in the courtroom today
170
00:07:55,840 --> 00:07:57,809
the man who shot your husband?
171
00:07:57,842 --> 00:07:59,311
That's him.
172
00:08:00,078 --> 00:08:01,212
The defendant.
173
00:08:01,245 --> 00:08:03,114
Are you positive?
174
00:08:03,147 --> 00:08:04,583
Yes.
175
00:08:04,616 --> 00:08:06,217
That's the man.
176
00:08:06,250 --> 00:08:07,786
Thank you.
177
00:08:16,561 --> 00:08:17,696
It was dark?
178
00:08:17,729 --> 00:08:19,263
There were street lamps.
179
00:08:19,297 --> 00:08:21,866
How far away was the nearest
street lamp, do you know?
180
00:08:21,900 --> 00:08:23,702
Thirty feet or so.
181
00:08:23,735 --> 00:08:25,337
The police say 50 feet.
182
00:08:25,370 --> 00:08:27,506
There was enough light
for me to see, Ms. Dole.
183
00:08:27,539 --> 00:08:30,809
You saw, for example,
the type of gun your
assailant was carrying?
184
00:08:30,842 --> 00:08:32,176
Very clearly.
185
00:08:32,210 --> 00:08:34,946
A small pistol, silver,
186
00:08:34,979 --> 00:08:36,247
with a black handle.
187
00:08:36,280 --> 00:08:37,749
Do you remember what
he was wearing?
188
00:08:37,782 --> 00:08:40,519
A dark jacket and jeans.
189
00:08:40,552 --> 00:08:42,921
How long did it take
from the time you first saw
your assailant
190
00:08:42,954 --> 00:08:45,189
to the time he ran?
Probably...
191
00:08:45,223 --> 00:08:47,225
ten, 15 seconds.
192
00:08:47,258 --> 00:08:49,060
You said you had blood on you,
as well?
193
00:08:49,093 --> 00:08:50,362
Yes.
194
00:08:50,395 --> 00:08:51,596
Were you scared?
195
00:08:51,630 --> 00:08:52,831
It was that man.
196
00:08:52,864 --> 00:08:54,265
Are you sure?
197
00:08:54,298 --> 00:08:56,067
I don't need
to think about it.
198
00:08:56,100 --> 00:08:57,235
That's him.
199
00:08:57,268 --> 00:08:59,304
Mrs. Coyne, I'm confused,
200
00:08:59,338 --> 00:09:01,272
because in the police lineup,
201
00:09:01,306 --> 00:09:03,808
you did need time
to think about it.
202
00:09:03,842 --> 00:09:07,078
You studied those men
for almost a minute.
203
00:09:07,111 --> 00:09:09,013
Are you saying your
recollection is sharper now
204
00:09:09,047 --> 00:09:10,515
than it was six months ago?
205
00:09:10,549 --> 00:09:14,486
I took the extra time
because I wanted to be positive.
206
00:09:14,519 --> 00:09:16,488
Mrs. Coyne, I want to lay out
a scenario for you,
207
00:09:16,521 --> 00:09:18,390
and you tell me
if it's possible, okay?
208
00:09:18,423 --> 00:09:19,658
Fine.
209
00:09:19,691 --> 00:09:21,460
You were brought
to a police lineup,
210
00:09:21,493 --> 00:09:25,464
having been told the police had
the man who shot your husband.
211
00:09:25,497 --> 00:09:26,631
So when they brought
the men out,
212
00:09:26,665 --> 00:09:30,234
you felt one of those men
was the guy.
213
00:09:30,268 --> 00:09:32,404
You settled on my client
after a minute
214
00:09:32,437 --> 00:09:34,973
because he looks the most
like the guy.
215
00:09:35,006 --> 00:09:36,575
Today, you identify
him quickly.
216
00:09:36,608 --> 00:09:38,743
Not necessarily because
he's the man you saw
217
00:09:38,777 --> 00:09:40,979
on the street with the gun,
but because he's the man
218
00:09:41,012 --> 00:09:44,148
you saw that day
in the police lineup.
219
00:09:44,182 --> 00:09:45,817
Possible?
No.
220
00:09:45,850 --> 00:09:47,486
Not even possible?
221
00:09:47,519 --> 00:09:49,153
No.
222
00:09:49,187 --> 00:09:51,456
He's the man
who shot my husband.
223
00:09:51,490 --> 00:09:54,192
Were you told to be
unequivocal up here?
224
00:09:54,225 --> 00:09:55,594
No.
225
00:09:57,462 --> 00:10:00,164
Did you tell the police
the shooter had a goatee?
226
00:10:00,198 --> 00:10:02,901
No. I didn't remember that part.
227
00:10:02,934 --> 00:10:05,003
You didn't remember?
228
00:10:05,036 --> 00:10:06,671
You could describe the gun,
the clothes,
229
00:10:06,705 --> 00:10:09,140
but you couldn't remember
if the shooter had facial hair?
230
00:10:09,173 --> 00:10:13,211
Look...
he shot my husband!
231
00:10:13,244 --> 00:10:15,447
You make room for no
possibility whatsoever
232
00:10:15,480 --> 00:10:17,616
that you could be wrong.
233
00:10:17,649 --> 00:10:19,318
Is that your testimony,
Mrs. Coyne?
234
00:10:19,351 --> 00:10:20,452
Yes.
235
00:10:22,987 --> 00:10:24,456
Thank you.
236
00:10:24,489 --> 00:10:26,157
You certainly weren't
equivocal here.
237
00:10:38,202 --> 00:10:41,072
Mitchell, we've been friends
a long time.
238
00:10:41,105 --> 00:10:43,508
I'm the first one to admit that
most of my clients are scum.
239
00:10:43,542 --> 00:10:45,377
I even complain about it.
240
00:10:45,410 --> 00:10:47,479
The kid needs a break.
241
00:10:47,512 --> 00:10:48,947
And what do I tell
my superiors?
242
00:10:50,715 --> 00:10:52,817
That you did the right thing.
243
00:10:52,851 --> 00:10:54,353
Look, if he gets
caught again,
244
00:10:54,386 --> 00:10:56,688
I promise you,
I will not fight you on it.
245
00:10:56,721 --> 00:10:59,458
But this time, please.
246
00:10:59,491 --> 00:11:00,992
Ellenor...
247
00:11:01,025 --> 00:11:04,429
he is saying he didn't realize
the stereo was under his jacket.
248
00:11:04,463 --> 00:11:05,797
I mean, he's a liar!
249
00:11:05,830 --> 00:11:07,399
He was boosting it
for his mother.
250
00:11:07,432 --> 00:11:09,501
He wanted to get her a present!
251
00:11:09,534 --> 00:11:10,268
Mitchell, come on!
252
00:11:10,302 --> 00:11:11,836
I'm going to
the favor bank here.
253
00:11:11,870 --> 00:11:13,538
I will give you anything.
254
00:11:14,706 --> 00:11:15,874
Anything?
255
00:11:16,941 --> 00:11:18,009
Well, why do you say it
like that?
256
00:11:18,042 --> 00:11:19,177
What do you want?
257
00:11:20,945 --> 00:11:23,415
Take off your shirt.
258
00:11:23,448 --> 00:11:24,516
Very funny.
259
00:11:24,549 --> 00:11:27,519
(chuckling) Come on.
260
00:11:27,552 --> 00:11:29,287
I can't help you.
I wish I could.
261
00:11:33,257 --> 00:11:35,360
Were you serious
just then...
262
00:11:35,394 --> 00:11:37,396
when you asked me
to take off my shirt?
263
00:11:39,598 --> 00:11:42,166
Mitchell, were you?
264
00:11:42,200 --> 00:11:44,569
Ellenor...
265
00:11:44,603 --> 00:11:45,837
...we go way back.
266
00:11:47,105 --> 00:11:48,673
But you don't know
everything about me.
267
00:11:49,708 --> 00:11:52,076
Such as?
268
00:11:52,110 --> 00:11:53,845
I'm attracted to you.
269
00:11:57,649 --> 00:11:58,750
You're married.
270
00:11:58,783 --> 00:12:00,084
I know. I--
271
00:12:00,118 --> 00:12:01,986
I would never cheat on Margie.
272
00:12:02,020 --> 00:12:04,288
I mean, not with an affair.
273
00:12:05,223 --> 00:12:06,625
My heart belongs to her.
274
00:12:07,792 --> 00:12:08,993
But, uh...
275
00:12:10,795 --> 00:12:11,996
fun, little...
276
00:12:13,898 --> 00:12:14,999
...excursions.
277
00:12:16,368 --> 00:12:17,602
Excursions?
278
00:12:19,638 --> 00:12:22,474
I can't really give
your Parrish kid a break.
279
00:12:22,507 --> 00:12:27,312
But if something between you
and me were to happen, well...
280
00:12:30,349 --> 00:12:33,918
to avoid the appearance
of impropriety...
281
00:12:33,952 --> 00:12:35,587
I'd try to be especially...
282
00:12:37,422 --> 00:12:38,890
...fair.
283
00:12:41,259 --> 00:12:43,962
So if I have sex with you,
you'll cut a deal?
284
00:12:43,995 --> 00:12:48,232
(chuckling) I'm shocked that
you would get that impression,
285
00:12:48,266 --> 00:12:50,735
however accurate it might be.
286
00:12:59,143 --> 00:13:02,180
He offered it like that?
Quid pro quo?
287
00:13:02,213 --> 00:13:04,716
Well, he said he would be
especially fair.
288
00:13:04,749 --> 00:13:07,151
If you had sex?
Yes.
289
00:13:07,185 --> 00:13:08,219
How was it?
290
00:13:08,252 --> 00:13:09,888
(phone rings)
291
00:13:09,921 --> 00:13:12,156
What--
what should I do?
292
00:13:12,190 --> 00:13:14,326
Ellenor...
you can't take that deal.
293
00:13:14,359 --> 00:13:16,961
Thank you.
Besides that sterling tip...
294
00:13:16,995 --> 00:13:19,398
I had a case with him once.
He didn't ask me for sex.
295
00:13:19,431 --> 00:13:20,632
So how did you leave it?
296
00:13:20,665 --> 00:13:24,268
I was so stunned,
I just-- I walked out.
297
00:13:24,303 --> 00:13:26,471
Well, I would first
make sure he knows
298
00:13:26,505 --> 00:13:27,706
you didn't accept the offer.
299
00:13:30,442 --> 00:13:32,143
Lucy...call him.
300
00:13:32,176 --> 00:13:33,512
Don't have to.
301
00:13:33,545 --> 00:13:35,380
That was him.
He's on his way over.
302
00:13:41,853 --> 00:13:44,889
Me and Miguel rented
this video-- Big.
303
00:13:44,923 --> 00:13:47,492
We took the bus back
to my house.
304
00:13:47,526 --> 00:13:49,594
We started watching it
at 9:00.
305
00:13:49,628 --> 00:13:51,162
What time did it end?
306
00:13:51,195 --> 00:13:52,731
Around 11:00 or so.
307
00:13:52,764 --> 00:13:56,901
Christina, did Miguel leave
your side at any point
308
00:13:56,935 --> 00:13:59,103
during the evening of may 14th?
309
00:13:59,137 --> 00:14:02,641
No. He was with me
the whole time.
310
00:14:02,674 --> 00:14:04,075
I swear.
311
00:14:04,108 --> 00:14:06,678
And you're absolutely positive
about that?
312
00:14:06,711 --> 00:14:08,212
Yes.
313
00:14:08,246 --> 00:14:10,382
You're engaged to be married
to the defendant?
314
00:14:10,415 --> 00:14:11,383
That's right.
315
00:14:11,416 --> 00:14:13,017
And you love him very much?
316
00:14:13,051 --> 00:14:14,353
Yes.
317
00:14:14,386 --> 00:14:16,421
Would you lie
to give him an alibi?
318
00:14:16,455 --> 00:14:17,856
No.
319
00:14:17,889 --> 00:14:20,124
Did you call your cousin
Martina Bell
320
00:14:20,158 --> 00:14:21,960
on the evening of May 14th
321
00:14:21,993 --> 00:14:23,495
and ask her to join you
for dinner?
322
00:14:23,528 --> 00:14:24,996
Yes.
323
00:14:25,029 --> 00:14:26,365
And did you tell her
324
00:14:26,398 --> 00:14:29,167
that your fiancee would be
out for the evening?
325
00:14:29,200 --> 00:14:33,237
I thought he was, but then
he came home unexpected.
326
00:14:33,271 --> 00:14:36,007
He came home unexpected.
327
00:14:36,808 --> 00:14:39,143
Did anyone else besides you
328
00:14:39,177 --> 00:14:41,279
see him at your
apartment that evening
329
00:14:41,313 --> 00:14:43,582
between the hours
of 8:00 and 11:00?
330
00:14:43,615 --> 00:14:45,550
I don't know.
331
00:14:45,584 --> 00:14:47,886
When the police showed up at
your apartment that evening,
332
00:14:47,919 --> 00:14:50,589
your fiance hid in the closet,
didn't he?
333
00:14:50,622 --> 00:14:51,790
Well...
334
00:14:53,392 --> 00:14:56,495
He thought it was other people
banging on the door.
335
00:14:56,528 --> 00:14:59,598
And... I just thought
it would look bad
336
00:14:59,631 --> 00:15:02,734
if I told the police
that he was in the closet,
337
00:15:02,767 --> 00:15:05,003
and so I just said
no one else was home.
338
00:15:05,036 --> 00:15:05,904
You lied.
339
00:15:05,937 --> 00:15:07,472
Yes.
340
00:15:07,506 --> 00:15:09,774
You lied to help your fiance.
341
00:15:09,808 --> 00:15:12,110
I shouldn't have, but I did.
342
00:15:12,143 --> 00:15:13,778
But you're not lying today?
343
00:15:13,812 --> 00:15:15,480
That's right.
344
00:15:20,452 --> 00:15:21,820
I think we're gonna have to
call you.
345
00:15:21,853 --> 00:15:23,988
I thought you said
it was dangerous.
346
00:15:24,022 --> 00:15:27,291
It is...very. But...
347
00:15:28,327 --> 00:15:32,296
Christina, you didn't come off
so credible just then.
348
00:15:32,331 --> 00:15:34,766
And we have to account for why
you jumped in the closet.
349
00:15:34,799 --> 00:15:36,668
I was hiding from dealers.
350
00:15:36,701 --> 00:15:38,470
I understand.
351
00:15:38,503 --> 00:15:40,539
But to the jury right now,
352
00:15:40,572 --> 00:15:42,006
it just looks like
you were hiding.
353
00:15:43,442 --> 00:15:44,976
We need to call you.
354
00:15:58,289 --> 00:16:01,192
I'm suddenly thinking...
we should take the 11 years.
355
00:16:01,225 --> 00:16:03,328
It's still one
eyewitness, Jimmy.
356
00:16:03,362 --> 00:16:05,497
An eyewitness that held tough,
357
00:16:05,530 --> 00:16:07,966
and when the jury hears
about Miguel's prior--
358
00:16:07,999 --> 00:16:10,268
You think it's
too risky calling him?
359
00:16:13,938 --> 00:16:16,908
Does he strike you
as a Court buff?
360
00:16:16,941 --> 00:16:17,976
No.
361
00:16:25,450 --> 00:16:27,719
Reverend...
still enjoying the trial?
362
00:16:27,752 --> 00:16:28,953
Yes.
363
00:16:28,987 --> 00:16:31,656
What's your objective opinion?
How are we doing?
364
00:16:31,690 --> 00:16:33,224
Not so well, really.
365
00:16:33,257 --> 00:16:35,794
The fiancee seemed like
she was protecting him.
366
00:16:35,827 --> 00:16:38,229
You might be right.
367
00:16:38,262 --> 00:16:40,298
Could I ask you
one more thing?
Sure.
368
00:16:40,332 --> 00:16:43,134
Why do I get the feeling you're
not a disinterested bystander?
369
00:16:43,167 --> 00:16:45,036
I'm not disinterested.
I told you.
370
00:16:45,069 --> 00:16:47,539
You're a buff.
(chuckles)
371
00:16:47,572 --> 00:16:50,108
What do you know, Reverend?
372
00:16:50,141 --> 00:16:53,177
You look a little anxious
in that room.
373
00:16:53,211 --> 00:16:54,513
Like you have a stake.
374
00:16:54,546 --> 00:16:56,881
What do you know?
Nothing.
375
00:16:58,383 --> 00:16:59,851
I'll tell you this--
376
00:16:59,884 --> 00:17:01,886
if our case goes
any further south,
377
00:17:01,920 --> 00:17:03,922
we might just subpoena you...
on a whim.
378
00:17:03,955 --> 00:17:05,390
That would be ridiculous.
379
00:17:05,424 --> 00:17:06,925
Somehow I don't think so.
380
00:17:06,958 --> 00:17:08,560
You're here because you know
something.
381
00:17:10,529 --> 00:17:12,063
I think you need
to talk to us, Reverend.
382
00:17:12,096 --> 00:17:14,466
Thank you, but you're wrong,
and I need to get back.
383
00:17:16,401 --> 00:17:18,403
Please let go of me,
Mr. Berluti.
384
00:17:18,437 --> 00:17:21,740
The process server
will be at your Church
385
00:17:21,773 --> 00:17:23,508
waiting with the summons.
386
00:17:23,542 --> 00:17:25,176
Talk to us.
387
00:17:28,780 --> 00:17:31,650
Suppose what I know
doesn't help you.
388
00:17:31,683 --> 00:17:35,219
At this point, we're willing
to take that risk.
389
00:17:35,253 --> 00:17:36,254
Not here.
390
00:17:38,056 --> 00:17:39,524
Let's go to a witness room.
391
00:17:39,558 --> 00:17:42,060
No. Not anywhere here.
392
00:17:46,631 --> 00:17:48,132
Go buy us some time.
393
00:17:59,478 --> 00:18:00,745
(door closes)
394
00:18:03,948 --> 00:18:07,686
I am extremely sorry for my
inappropriate behavior.
395
00:18:07,719 --> 00:18:08,787
I'm going through some...
396
00:18:08,820 --> 00:18:11,323
personal problems at home,
Ellenor, and...
397
00:18:12,857 --> 00:18:14,058
well, I apologize.
398
00:18:16,127 --> 00:18:17,762
Okay.
399
00:18:17,796 --> 00:18:22,767
Obviously, any deal
predicated on a sexual
relationship is wrong,
400
00:18:22,801 --> 00:18:24,135
and hereby off the table.
401
00:18:25,470 --> 00:18:27,472
I'm very upset that
I even threw it out there.
402
00:18:29,874 --> 00:18:31,810
Well, let's start
again, then.
403
00:18:33,111 --> 00:18:36,180
As I said,
Maynard Parrish is not
a career criminal.
404
00:18:36,214 --> 00:18:37,716
I wish I could help you.
405
00:18:37,749 --> 00:18:40,652
But as I said, we've got our
marching orders on this statute.
406
00:18:40,685 --> 00:18:42,354
Which means what,
you're gonna push for the 20?
407
00:18:42,387 --> 00:18:45,023
I could sell ten upstairs,
but nothing less.
408
00:18:45,056 --> 00:18:47,158
Ten is ridiculous,
and you know it!
409
00:18:48,126 --> 00:18:49,561
I don't know what else
to tell you.
410
00:18:53,598 --> 00:18:56,067
You know, Mitchell, I'm
getting the sickening feeling
411
00:18:56,100 --> 00:18:59,070
that your offer wasn't pulled
because of conscience,
412
00:18:59,103 --> 00:19:00,705
but because
I wouldn't go for it.
413
00:19:00,739 --> 00:19:04,443
Well... you would
be wrong there.
414
00:19:04,476 --> 00:19:06,244
Really?
415
00:19:06,277 --> 00:19:07,546
I want the six months.
416
00:19:07,579 --> 00:19:09,280
We never had a deal.
417
00:19:09,314 --> 00:19:11,249
I want the six months.
418
00:19:11,883 --> 00:19:13,752
I'm sorry.
419
00:19:13,785 --> 00:19:16,187
I think any favorable deal
420
00:19:16,220 --> 00:19:17,989
would be met with suspicion
at this point,
421
00:19:18,022 --> 00:19:19,691
and I'm just gonna
play this straight.
422
00:19:19,724 --> 00:19:22,361
Straight?
Or punitive?
423
00:19:22,394 --> 00:19:24,929
Ten years is it, Ellenor.
424
00:19:25,830 --> 00:19:27,065
And suppose...
425
00:19:29,468 --> 00:19:31,570
sex was not off the table.
426
00:19:33,738 --> 00:19:35,740
I'll say it again.
427
00:19:35,774 --> 00:19:38,377
Ten years is it.
428
00:19:47,018 --> 00:19:49,053
First...
429
00:19:49,087 --> 00:19:51,323
what I say
has to be privileged.
430
00:19:51,356 --> 00:19:53,191
We can't promise that.
431
00:19:53,224 --> 00:19:54,926
Then you get nothing.
432
00:19:54,959 --> 00:19:58,363
I think conscience brought you
down to that Courthouse.
433
00:19:58,397 --> 00:20:01,633
I think conscience
is the reason you're here now.
434
00:20:02,233 --> 00:20:04,235
I want this discussion
to be privileged.
435
00:20:06,971 --> 00:20:08,407
That's the only way
it'll be.
436
00:20:09,207 --> 00:20:10,241
Okay.
437
00:20:11,610 --> 00:20:13,378
And now,
speaking to my attorneys...
438
00:20:14,846 --> 00:20:15,914
my problem is...
439
00:20:18,317 --> 00:20:20,352
...one of my congregants
killed Mr. Coyne.
440
00:20:22,787 --> 00:20:24,789
He came to me
under the seal
441
00:20:24,823 --> 00:20:27,692
of a conversation
with his Minister...
442
00:20:27,726 --> 00:20:29,728
...and admitted his crime.
443
00:20:31,229 --> 00:20:33,097
And his guilt was compounded
444
00:20:33,131 --> 00:20:35,767
by the idea
of an innocent man
445
00:20:35,800 --> 00:20:37,602
being wrongly convicted.
446
00:20:39,270 --> 00:20:41,706
I've been monitoring the trial
on his behalf.
447
00:20:41,740 --> 00:20:43,908
(sighs)
448
00:20:43,942 --> 00:20:47,145
He told me if it appears your
client faces conviction...
449
00:20:49,481 --> 00:20:51,483
...he might be willing
to come forward.
450
00:20:54,118 --> 00:20:57,288
That's all I'm
at liberty to say.
451
00:20:57,322 --> 00:21:00,191
Please, convey
to your congregant...
452
00:21:01,526 --> 00:21:05,330
Miguel Havalera is facing
a conviction.
453
00:21:16,174 --> 00:21:17,809
You have to go
to the Judge.
454
00:21:17,842 --> 00:21:19,944
And say what?
He pulled the offer.
455
00:21:19,978 --> 00:21:23,315
But, Ellenor, your suspicion is
he's now taking a harder line.
456
00:21:23,348 --> 00:21:26,050
He is, but I don't know
whether he's being punitive,
457
00:21:26,084 --> 00:21:28,119
or if he's simply determined
to be ethical
458
00:21:28,152 --> 00:21:29,220
because he's so embarrassed.
459
00:21:29,253 --> 00:21:30,922
Either way
the client suffers.
460
00:21:30,955 --> 00:21:32,891
The guy comes on to you,
you rebuff the advance,
461
00:21:32,924 --> 00:21:36,160
and as a result the client's
getting a lesser deal.
462
00:21:36,194 --> 00:21:37,729
You have to report that.
463
00:21:37,762 --> 00:21:39,263
Mitchell Wheeler
is my friend.
464
00:21:39,297 --> 00:21:41,400
We have known each other
for years.
465
00:21:41,433 --> 00:21:44,603
Friends don't put friends
in that position.
466
00:21:44,636 --> 00:21:46,204
I'm also friends
with his wife.
467
00:21:46,237 --> 00:21:49,273
If this gets out, Bobby,
people are going to be hurt.
468
00:21:49,308 --> 00:21:51,476
Ellenor, as an officer
of the Court,
469
00:21:51,510 --> 00:21:54,245
you have an ethical obligation
to report him.
470
00:21:54,278 --> 00:21:56,648
Please, Eugene, don't
"officer of the Court"
me on this.
471
00:21:56,681 --> 00:22:00,919
You have knowledge of a DA
putting sex on the table
in plea bargains.
472
00:22:00,952 --> 00:22:02,153
If he did it here,
473
00:22:02,186 --> 00:22:05,890
the likelihood is he's done it
before, and he will do it again.
474
00:22:05,924 --> 00:22:08,693
I doubt it.
But even if you're right,
475
00:22:08,727 --> 00:22:11,396
let somebody else report him.
I'm his friend.
476
00:22:11,430 --> 00:22:14,666
Ellenor, if the client is
getting hurt,
477
00:22:14,699 --> 00:22:16,601
you can't sit on it.
478
00:22:24,108 --> 00:22:25,577
(sighs)
479
00:22:25,610 --> 00:22:27,078
He's not coming forward.
480
00:22:27,111 --> 00:22:29,614
But you said--
I thought he would.
481
00:22:29,648 --> 00:22:32,250
He said he would,
but he changed his mind.
482
00:22:32,283 --> 00:22:33,818
He doesn't want to go
to prison.
483
00:22:38,222 --> 00:22:42,894
Reverend, assuming we can
clear hearsay problems,
484
00:22:42,927 --> 00:22:43,962
would you be willing
to testify--
485
00:22:43,995 --> 00:22:45,697
Absolutely not.
486
00:22:45,730 --> 00:22:48,199
We need you now.
Our kid's going down.
487
00:22:48,232 --> 00:22:51,970
What he told me was the
equivalent of a confession,
Mr. Berluti.
488
00:22:52,003 --> 00:22:53,705
Even so,
the consequences--
489
00:22:53,738 --> 00:22:54,873
I won't do it.
490
00:22:58,142 --> 00:22:59,344
In that case...
491
00:23:00,412 --> 00:23:01,480
For you.
492
00:23:02,514 --> 00:23:04,983
What?
It's a subpoena.
493
00:23:05,016 --> 00:23:06,551
I'm really sorry, but--
494
00:23:06,585 --> 00:23:07,886
Mr. Berluti...
495
00:23:08,753 --> 00:23:09,921
Ms. Dole...
496
00:23:11,323 --> 00:23:13,224
If I were to betray
this confidence...
497
00:23:15,527 --> 00:23:16,761
I'd lose my job...
498
00:23:18,062 --> 00:23:19,331
...my Church.
499
00:23:21,600 --> 00:23:23,302
I must plead with you now.
500
00:23:23,335 --> 00:23:27,439
I don't feel good
about what we're doing
here, Reverend, but--
501
00:23:27,472 --> 00:23:31,142
I tried to help you.
If you make me testify--
502
00:23:31,175 --> 00:23:32,711
You have information
503
00:23:32,744 --> 00:23:35,213
that could exonerate
my client of murder.
504
00:23:36,247 --> 00:23:38,883
We have no choice here
but to call you.
505
00:23:43,955 --> 00:23:45,123
Ten years?!
506
00:23:45,156 --> 00:23:46,558
I'm working on it.
507
00:23:46,591 --> 00:23:48,026
Working on it?!
You said, "six months"!
508
00:23:48,059 --> 00:23:49,293
Maynard--
What's going on?!
509
00:23:49,328 --> 00:23:52,397
Don't panic.
Don't--
No, you don't panic!
510
00:23:52,431 --> 00:23:54,098
I'm the one
that's facing prison!
511
00:23:54,132 --> 00:23:55,900
I'm on it, Maynard.
512
00:23:58,036 --> 00:23:59,404
(voice shaking)
Ellenor...
513
00:23:59,438 --> 00:24:02,341
(breathing heavily)
514
00:24:02,374 --> 00:24:04,376
What the hell's going on?
515
00:24:05,644 --> 00:24:07,245
Just let me work on it.
516
00:24:15,320 --> 00:24:17,456
Even if you could
force him to testify,
517
00:24:17,489 --> 00:24:19,023
it would all be hearsay.
518
00:24:19,057 --> 00:24:20,592
Your Honor could
force him to reveal
519
00:24:20,625 --> 00:24:22,927
the identity of the shooter.
That's not hearsay.
520
00:24:22,961 --> 00:24:24,496
HELEN: But if he's
claiming privilege--
521
00:24:24,529 --> 00:24:26,297
I don't think
it is privileged.
522
00:24:26,331 --> 00:24:29,334
He's not a Catholic priest.
This wasn't a confession.
523
00:24:29,368 --> 00:24:32,771
We treat all communications
with clergy pretty much
the same, counsel.
524
00:24:32,804 --> 00:24:36,174
If it's for spiritual guidance.
I don't think this qualifies.
525
00:24:36,207 --> 00:24:39,478
Look, nobody here wants the
wrong man convicted of murder.
526
00:24:39,511 --> 00:24:42,046
Let's question him outside
the presence of the jury
527
00:24:42,080 --> 00:24:43,548
and see what turns up.
528
00:24:43,582 --> 00:24:45,116
Nobody can have a problem
with that.
529
00:24:51,523 --> 00:24:53,358
Are you trying
to extort me, Ellenor?
530
00:24:53,392 --> 00:24:55,994
I'm telling you
that I have an obligation
531
00:24:56,027 --> 00:24:57,329
to reveal what happened.
532
00:24:57,362 --> 00:24:58,597
Nothing happened.
533
00:24:58,630 --> 00:25:00,298
Mitchell, you put
something in play.
534
00:25:00,332 --> 00:25:01,666
You know you did.
535
00:25:01,700 --> 00:25:03,167
I revoked it before
it was in play.
536
00:25:03,201 --> 00:25:05,269
I'm offended by your attempt
at blackmail,
537
00:25:05,304 --> 00:25:07,005
and I will not make deals
under the duress--
538
00:25:07,038 --> 00:25:09,441
I have to defend my client.
539
00:25:09,474 --> 00:25:11,175
Not that way you don't.
540
00:25:11,209 --> 00:25:14,913
All rise.
This Court is now in session.
541
00:25:14,946 --> 00:25:17,382
The honorable Judge Kittleson
presiding.
542
00:25:18,917 --> 00:25:20,852
Any business before
we bring in the jury?
543
00:25:20,885 --> 00:25:23,388
No, Your Honor, the Commonwealth
is ready for trial.
544
00:25:23,422 --> 00:25:24,889
Ms. Frutt?
545
00:25:26,358 --> 00:25:28,059
Is defense ready,
Ms. Frutt?
546
00:25:38,803 --> 00:25:41,440
Your Honor, regretfully I have
to report some misconduct
547
00:25:41,473 --> 00:25:43,007
committed by Mr. Wheeler,
548
00:25:43,041 --> 00:25:46,378
which misconduct has affected
the disposition of this case.
549
00:25:46,411 --> 00:25:47,979
What misconduct?
550
00:25:49,614 --> 00:25:52,351
The district attorney sexually
propositioned me last night,
551
00:25:52,384 --> 00:25:55,387
suggesting a sentence of
six months for my client.
552
00:25:55,420 --> 00:25:57,756
That proposition was rejected,
553
00:25:57,789 --> 00:25:59,891
and with sex being removed
from the equation,
554
00:25:59,924 --> 00:26:03,462
Mr. Wheeler's offer
went up to ten years.
555
00:26:05,630 --> 00:26:07,666
Mr. Wheeler, do you have
a response?
556
00:26:11,370 --> 00:26:12,704
I don't know what to say,
Your Honor.
557
00:26:12,737 --> 00:26:14,005
I'm stunned.
558
00:26:14,038 --> 00:26:15,340
Was sex put on the table
559
00:26:15,374 --> 00:26:16,975
as part of a plea bargain?
560
00:26:17,008 --> 00:26:20,278
Yes, it was
put on the table.
561
00:26:20,312 --> 00:26:21,446
By Ms. Frutt.
562
00:26:23,415 --> 00:26:24,916
Excuse me?
563
00:26:24,949 --> 00:26:26,385
And I immediately
rejected it.
564
00:26:26,418 --> 00:26:27,986
You've got to be kidding!
565
00:26:28,019 --> 00:26:30,288
Why don't we take this
to chambers.
566
00:26:38,997 --> 00:26:40,632
He's lying.
Oh, I'm lying.
567
00:26:40,665 --> 00:26:42,401
Yes, you are, Mitchell.
And you should be disgusted--
568
00:26:42,434 --> 00:26:43,802
All right, that's enough.
569
00:26:43,835 --> 00:26:45,269
Ellenor.
He's lying!
570
00:26:45,304 --> 00:26:47,038
You can expect to be sued
for defamation.
571
00:26:47,071 --> 00:26:48,440
And I'll tell you that,
because immunity--
572
00:26:48,473 --> 00:26:49,908
Go ahead and sue me,
Mitchell!
573
00:26:49,941 --> 00:26:51,610
I said, "all right."
574
00:26:53,445 --> 00:26:55,680
I am not about
to get into this.
575
00:26:55,714 --> 00:26:56,815
You should get into it.
576
00:26:56,848 --> 00:26:58,350
This is one stunt too many
for this firm.
577
00:26:58,383 --> 00:27:00,919
Mr. Wheeler, I'll ask you
for the last time to be quiet.
578
00:27:04,356 --> 00:27:06,257
I don't care who made the
advance.
579
00:27:07,759 --> 00:27:09,694
You're now officially
off this case.
580
00:27:09,728 --> 00:27:11,262
Another DA Will be assigned,
581
00:27:11,295 --> 00:27:14,265
and I'm advising both of you
582
00:27:14,298 --> 00:27:16,167
to let this die now.
583
00:27:16,200 --> 00:27:17,602
I am not going
to let this die!
584
00:27:17,636 --> 00:27:19,738
Mr. Wheeler, you're excused.
Beat it.
585
00:27:19,771 --> 00:27:21,640
If she's gonna tell
more untruths--
586
00:27:21,673 --> 00:27:23,875
She's not.
The matter is dead.
587
00:27:23,908 --> 00:27:25,344
Get out now.
588
00:27:31,950 --> 00:27:34,218
I am telling the truth.
589
00:27:34,252 --> 00:27:36,655
Ellenor, I'm inclined
to believe you.
590
00:27:38,089 --> 00:27:42,794
But trust me when I advise you--
let this drop.
591
00:27:42,827 --> 00:27:44,162
How can I when--
592
00:27:44,195 --> 00:27:47,999
Because his reputation
is far superior to yours.
593
00:27:49,200 --> 00:27:51,403
Truth be told, there's
been a little gossip
594
00:27:51,436 --> 00:27:55,206
in these halls
about your romantic desperation.
595
00:27:57,108 --> 00:27:58,510
I beg your pardon?
596
00:27:58,543 --> 00:28:01,380
You dated a serial killer
who liked to dress up as a nun.
597
00:28:03,014 --> 00:28:06,217
You don't think the clerks
and DAs had some fun with that?
598
00:28:07,185 --> 00:28:08,587
And a few Judges?
599
00:28:08,620 --> 00:28:12,023
Your firm is also infamous
for stunting.
600
00:28:12,056 --> 00:28:15,259
Here you've got a client
dead to rights facing ten years.
601
00:28:15,293 --> 00:28:16,561
And you think
that I would resort
602
00:28:16,595 --> 00:28:18,563
to making up
this kind of story?!
603
00:28:18,597 --> 00:28:20,264
No, I don't.
604
00:28:20,298 --> 00:28:23,001
But, frankly,
Mitchell Wheeler's credibility
605
00:28:23,034 --> 00:28:24,669
is stronger than yours.
606
00:28:24,703 --> 00:28:27,939
And any game of "he said,
she said" will favor him.
607
00:28:31,209 --> 00:28:32,677
He's also
a good-looking man.
608
00:28:34,313 --> 00:28:35,514
Meaning?
609
00:28:37,616 --> 00:28:39,150
Meaning let it drop.
610
00:28:40,552 --> 00:28:42,421
Don't do any more
cases with him.
611
00:28:49,361 --> 00:28:52,964
(door opens, closes)
612
00:28:56,267 --> 00:29:00,505
Reverend, you're a material
witness in a homicide.
613
00:29:00,539 --> 00:29:02,641
I'm ordering you to testify.
614
00:29:02,674 --> 00:29:05,444
I'm sorry, Your Honor,
I cannot.
615
00:29:05,477 --> 00:29:08,547
What was told to me was told
in strict confidence.
616
00:29:08,580 --> 00:29:11,249
I have duties imposed on me
that come from higher places
617
00:29:11,282 --> 00:29:12,216
than your bench.
618
00:29:12,250 --> 00:29:15,487
The Lord can't throw you
in a jail cell. I can.
619
00:29:15,520 --> 00:29:17,021
Well, then you'll have to.
620
00:29:17,055 --> 00:29:19,791
Leaving aside identity,
621
00:29:19,824 --> 00:29:21,726
did a man come to you
622
00:29:21,760 --> 00:29:23,495
and confess to killing
Trevor Coyne--
623
00:29:23,528 --> 00:29:25,296
a man other than
Miguel Havalera?
624
00:29:25,330 --> 00:29:26,465
I'm not talking,
Ms. Dole.
625
00:29:26,498 --> 00:29:28,933
Reverend--
What about my privilege?
626
00:29:28,967 --> 00:29:30,402
I'm sitting in this chair
right now
627
00:29:30,435 --> 00:29:32,170
because those lawyers revealed
my privilege.
628
00:29:32,203 --> 00:29:35,474
Reverend, obviously
you've agonized over
629
00:29:35,507 --> 00:29:37,642
what the right thing
is to do here.
630
00:29:37,676 --> 00:29:39,744
Otherwise...
631
00:29:39,778 --> 00:29:41,613
Without telling me who...
632
00:29:43,582 --> 00:29:45,917
...did a man other
than Miguel Havalera
633
00:29:45,950 --> 00:29:48,086
confess to killing
Trevor Coyne?
634
00:29:50,889 --> 00:29:52,023
Please.
635
00:29:52,924 --> 00:29:54,526
You can reveal that.
636
00:30:02,401 --> 00:30:04,168
Yes, I received
such a confession.
637
00:30:07,539 --> 00:30:08,973
Did he give any details--
638
00:30:09,007 --> 00:30:10,709
I am not saying
anything else.
639
00:30:10,742 --> 00:30:13,044
I'll go to my jail cell now.
That's all that I'm saying.
640
00:30:15,847 --> 00:30:17,449
Okay, Reverend,
you can step down.
641
00:30:31,229 --> 00:30:33,131
I'd like to put him on the stand
to say what he said here.
642
00:30:33,164 --> 00:30:34,699
I can't let you, counsel.
643
00:30:34,733 --> 00:30:37,669
Your Honor--
First of all, it's hearsay.
644
00:30:37,702 --> 00:30:40,104
We have no way of knowing
if it's reliable.
645
00:30:40,138 --> 00:30:42,541
Plenty of nuts confess
to crimes.
646
00:30:42,574 --> 00:30:44,208
It was his congregant.
647
00:30:44,242 --> 00:30:45,877
Obviously, he
considered it reliable--
648
00:30:45,910 --> 00:30:48,313
That's not good enough
for us.
649
00:30:48,347 --> 00:30:50,449
Second, there's totem pole
privilege here--
650
00:30:50,482 --> 00:30:52,617
the congregants,
also the Ministers--
651
00:30:52,651 --> 00:30:55,754
the truth is you had no right
to reveal what he told you.
652
00:30:55,787 --> 00:30:57,756
He hired you as his attorney.
653
00:30:57,789 --> 00:31:00,659
Only as a pretext to shield
what he had to say.
654
00:31:00,692 --> 00:31:04,295
I can't allow him to take the
stand, counsel, and you know it.
655
00:31:05,163 --> 00:31:07,298
Your Honor, somebody else
656
00:31:07,332 --> 00:31:08,800
confesses to the crime,
657
00:31:08,833 --> 00:31:10,502
and the jury doesn't get
to know about it?
658
00:31:10,535 --> 00:31:12,471
That's right, Mr. Berluti.
659
00:31:12,504 --> 00:31:14,272
And if you pull anything
like you did
660
00:31:14,306 --> 00:31:16,240
with the boy with the aneurysm,
661
00:31:16,274 --> 00:31:18,276
your bar card will be gone.
662
00:31:18,310 --> 00:31:20,244
That's a promise from me to you.
663
00:31:21,746 --> 00:31:24,248
The jury will hear nothing
of this Minister
664
00:31:24,282 --> 00:31:25,617
or any confession.
665
00:31:35,494 --> 00:31:37,228
You know I'm telling
the truth.
666
00:31:37,261 --> 00:31:38,930
I would never make
something like this up.
667
00:31:38,963 --> 00:31:42,767
Of course, I know it,
but it doesn't sound like
Mitchell Wheeler either.
668
00:31:42,801 --> 00:31:43,768
That's all I'm saying.
669
00:31:43,802 --> 00:31:45,670
You actually have doubts?
I believe you.
670
00:31:45,704 --> 00:31:47,439
Well, clearly
you're not sure.
671
00:31:47,472 --> 00:31:50,074
Ellenor, I believe you.
Now, listen--
672
00:31:50,108 --> 00:31:51,843
I'll get hold of the case.
673
00:31:51,876 --> 00:31:55,414
I can't promise you six months,
but I'll take care of you, okay?
674
00:31:56,280 --> 00:31:57,248
Okay.
675
00:31:57,281 --> 00:31:59,250
I won't even demand
a sexual favor.
676
00:31:59,283 --> 00:32:00,419
I'm not laughing.
677
00:32:00,452 --> 00:32:01,686
I'm sorry.
678
00:32:01,720 --> 00:32:03,888
Be patient.
I'll make it right.
679
00:32:03,922 --> 00:32:05,524
I got to get in Court.
680
00:32:12,997 --> 00:32:14,466
You know, Mitchell...
681
00:32:15,500 --> 00:32:17,836
The first thing you did
was unethical.
682
00:32:17,869 --> 00:32:20,004
But accusing me,
that was despicable.
683
00:32:20,038 --> 00:32:23,308
Ellenor...
you need to get help.
684
00:32:28,813 --> 00:32:33,151
I hid in the closet
because I didn't know
it was the police.
685
00:32:33,184 --> 00:32:35,454
You thought they were--
686
00:32:35,487 --> 00:32:36,821
Drug dealers.
687
00:32:36,855 --> 00:32:38,657
I owe some money.
688
00:32:38,690 --> 00:32:41,125
I use from time to time.
I admit that.
689
00:32:41,159 --> 00:32:42,594
Mr. Havalera...
690
00:32:43,962 --> 00:32:45,364
the night of the murder--
691
00:32:45,397 --> 00:32:49,501
I was home the whole night.
We rented a movie.
692
00:32:49,534 --> 00:32:52,236
We watched it.
I was home.
693
00:32:52,270 --> 00:32:54,005
Do you own a gun, sir?
694
00:32:54,038 --> 00:32:58,009
No, I have never owned a gun,
I've never fired one,
695
00:32:58,042 --> 00:33:00,445
and I did not shoot
Trevor Coyne.
696
00:33:00,479 --> 00:33:03,214
I swear this.
It was somebody else.
697
00:33:04,516 --> 00:33:07,018
You don't just use
from time to time.
698
00:33:07,051 --> 00:33:08,520
You have a drug problem.
699
00:33:08,553 --> 00:33:10,655
It's under control now.
700
00:33:12,557 --> 00:33:13,892
But you use.
701
00:33:13,925 --> 00:33:15,093
Very rarely.
702
00:33:16,127 --> 00:33:17,529
You robbed a liquor store once.
703
00:33:17,562 --> 00:33:18,663
Isn't that right?
704
00:33:18,697 --> 00:33:21,933
Six years ago
and not with a gun.
705
00:33:21,966 --> 00:33:24,469
You lost your job three weeks
prior to the shooting.
706
00:33:24,503 --> 00:33:27,639
Isn't that correct?
Yes.
707
00:33:27,672 --> 00:33:28,673
Mr. Havalera...
708
00:33:30,775 --> 00:33:32,944
other than your fiancee,
709
00:33:32,977 --> 00:33:34,779
do you have any alibi witness
710
00:33:34,813 --> 00:33:36,247
who can account
for your whereabouts
711
00:33:36,280 --> 00:33:37,382
the night of the shooting?
712
00:33:38,550 --> 00:33:39,718
No.
713
00:33:42,253 --> 00:33:45,056
The Minister has no reason
to make it up, Emily.
714
00:33:45,089 --> 00:33:47,225
I don't know
who the congregant is.
715
00:33:47,258 --> 00:33:48,527
Are you doubting now me?
716
00:33:49,994 --> 00:33:52,263
I'm asking you.
717
00:33:52,296 --> 00:33:53,532
Are you sure?
718
00:33:55,033 --> 00:33:58,437
The truth is eyewitness
testimony is manipulated.
719
00:33:58,470 --> 00:33:59,804
It happens all the time.
720
00:33:59,838 --> 00:34:03,808
Witnesses become convinced
of suspects they see in lineups.
721
00:34:03,842 --> 00:34:05,444
Trauma can affect memory.
722
00:34:05,477 --> 00:34:09,213
I remember his face, Helen.
Why else--
723
00:34:09,247 --> 00:34:11,082
Because you saw it
in a lineup.
724
00:34:11,115 --> 00:34:12,551
No.
725
00:34:12,584 --> 00:34:14,519
He's it.
726
00:34:14,553 --> 00:34:16,988
He's the man.
727
00:34:17,021 --> 00:34:18,056
I know it.
728
00:34:19,758 --> 00:34:21,393
LINDSAY: He's not the one.
729
00:34:21,426 --> 00:34:24,228
Does Emily Coyne think
she saw my client that night?
730
00:34:24,262 --> 00:34:25,764
She probably does.
731
00:34:25,797 --> 00:34:28,600
But she missed on facial hair,
didn't she?
732
00:34:28,633 --> 00:34:31,403
She described the gun,
the clothes,
733
00:34:31,436 --> 00:34:34,439
but she missed an obvious
facial description.
734
00:34:34,473 --> 00:34:36,908
And this gun, the clothes,
735
00:34:36,941 --> 00:34:39,511
never found in the possession
of my client.
736
00:34:39,544 --> 00:34:41,880
The prosecution offers
no witnesses
737
00:34:41,913 --> 00:34:44,449
who ever saw him wear
the clothes described.
738
00:34:44,483 --> 00:34:48,920
No physical evidence,
no forensics,
739
00:34:48,953 --> 00:34:52,424
nothing to link my client
with this crime.
740
00:34:52,457 --> 00:34:54,826
Just the testimony
of the victim's wife,
741
00:34:54,859 --> 00:34:56,728
who had to be scared,
742
00:34:56,761 --> 00:34:58,196
traumatized.
743
00:34:59,398 --> 00:35:00,532
It was a dark night.
744
00:35:01,533 --> 00:35:03,602
She's mistaken.
745
00:35:03,635 --> 00:35:06,705
Somebody else killed
Trevor Coyne.
746
00:35:06,738 --> 00:35:08,440
Maybe he looked like my client.
747
00:35:09,508 --> 00:35:12,444
But she is mistaken.
748
00:35:12,477 --> 00:35:16,348
She doesn't think it was him.
749
00:35:16,381 --> 00:35:17,616
She knows it.
750
00:35:17,649 --> 00:35:18,950
She was there.
751
00:35:20,485 --> 00:35:22,787
And she saw him--
752
00:35:22,821 --> 00:35:25,324
the man with the drug history,
753
00:35:25,357 --> 00:35:28,259
the man who robbed
a liquor store,
754
00:35:28,292 --> 00:35:33,064
the man who just lost his job
and needed money,
755
00:35:33,097 --> 00:35:36,167
the man the police found
hiding in the closet
756
00:35:36,200 --> 00:35:37,569
the night of the murder.
757
00:35:38,403 --> 00:35:39,804
Ladies and gentlemen...
758
00:35:41,440 --> 00:35:43,675
...we have an eyewitness
759
00:35:43,708 --> 00:35:46,277
who actually saw him commit
the murder.
760
00:35:48,547 --> 00:35:51,483
What else could
you possibly need?
761
00:35:57,889 --> 00:35:59,824
So, it's all gonna work out.
762
00:35:59,858 --> 00:36:02,026
I think so. Helen got
custody of the case,
763
00:36:02,060 --> 00:36:03,261
so she's gonna
take care of it.
764
00:36:04,262 --> 00:36:05,397
So that's great.
765
00:36:05,430 --> 00:36:06,765
Yep.
766
00:36:08,467 --> 00:36:09,768
But you don't seem happy.
767
00:36:12,437 --> 00:36:15,574
Well, I lost a friend
this week.
768
00:36:15,607 --> 00:36:17,442
I can't really
celebrate that, can I?
769
00:36:19,010 --> 00:36:20,379
Is that all there is?
770
00:36:24,549 --> 00:36:27,018
I don't like not being
believed, Rebecca.
771
00:36:27,051 --> 00:36:29,921
I-I thought
Judge Kittleson said
772
00:36:29,954 --> 00:36:31,990
she was inclined
to believe you.
773
00:36:32,023 --> 00:36:33,458
Yes, she was inclined,
774
00:36:33,492 --> 00:36:35,026
and Helen was inclined,
775
00:36:35,059 --> 00:36:37,762
but nobody's sure,
and you know why?
776
00:36:37,796 --> 00:36:39,998
Because Mitchell Wheeler
is a good-looking man,
777
00:36:40,031 --> 00:36:41,065
and I'm the fat girl.
778
00:36:41,099 --> 00:36:42,501
It isn't that, Ellenor.
779
00:36:42,534 --> 00:36:45,136
It's exactly that, Rebecca.
Exactly that.
780
00:36:45,169 --> 00:36:47,972
Why would a man
like Mitchell Wheeler
make a pass at me?
781
00:36:48,006 --> 00:36:49,608
It's exactly that.
782
00:36:51,710 --> 00:36:53,812
You know what
Judge Kittleson said?
783
00:36:53,845 --> 00:36:58,016
That my "romantic desperation"
is fodder for gossip down there.
784
00:36:59,618 --> 00:37:02,487
And when I had a baby
using a sperm donor--
785
00:37:02,521 --> 00:37:05,490
well, that was because
I had no choice, right?
786
00:37:05,524 --> 00:37:07,792
I mean, what man
would marry me?
787
00:37:07,826 --> 00:37:11,630
It couldn't possibly be that
I wanted to be a single parent.
788
00:37:11,663 --> 00:37:14,833
Before you spend the rest
of the day feeling sorry
for yourself,
789
00:37:14,866 --> 00:37:17,869
remember you did get a good
result for the client.
790
00:37:17,902 --> 00:37:19,771
This will eventually be
a victory.
791
00:37:19,804 --> 00:37:21,906
That's another bigotry
we face, Rebecca.
792
00:37:21,940 --> 00:37:23,808
What?
793
00:37:23,842 --> 00:37:26,545
People assume that fat girls
just sit around
794
00:37:26,578 --> 00:37:27,946
feeling sorry for themselves.
795
00:37:27,979 --> 00:37:31,082
I'm not sitting here
feeling sorry.
I'm angry!
796
00:37:31,115 --> 00:37:32,551
Can you understand that?
797
00:37:32,584 --> 00:37:34,018
I am angry!
798
00:37:38,189 --> 00:37:41,893
(praying in Spanish)
799
00:37:46,297 --> 00:37:47,799
(whispers)
What do you think?
800
00:37:47,832 --> 00:37:49,568
I don't know.
I think maybe--
801
00:37:51,035 --> 00:37:52,170
I don't know.
802
00:37:52,203 --> 00:37:53,405
(knock on door)
803
00:37:55,940 --> 00:37:57,442
(sighs)
804
00:38:15,226 --> 00:38:17,329
Madam Foreperson,
have you reached a verdict?
805
00:38:18,296 --> 00:38:19,498
We have, Your Honor.
806
00:38:19,531 --> 00:38:21,866
What say you?
807
00:38:21,900 --> 00:38:24,869
In the matter of Commonwealth
vs. Miguel Havalera,
808
00:38:24,903 --> 00:38:28,106
as to the count of murder
in the second degree,
809
00:38:28,139 --> 00:38:31,443
we the jury find the defendant,
Miguel Havalera...
810
00:38:31,476 --> 00:38:32,577
...guilty.
811
00:38:40,118 --> 00:38:43,688
JUDGE: Members of the jury,
this completes your service.
812
00:38:45,657 --> 00:38:47,025
This matter is--
813
00:38:52,597 --> 00:38:53,798
This matter--
814
00:38:58,403 --> 00:38:59,771
While I find
815
00:38:59,804 --> 00:39:02,574
there is some evidence to allow
for the conclusion
816
00:39:02,607 --> 00:39:04,576
that the defendant committed
the crime,
817
00:39:06,578 --> 00:39:09,348
I find no reasonable jury
818
00:39:09,381 --> 00:39:11,215
could reach
the verdict that it did
819
00:39:11,249 --> 00:39:12,717
based upon the evidence
820
00:39:12,751 --> 00:39:14,453
that has been presented to it.
821
00:39:16,488 --> 00:39:19,891
I hereby set aside the verdict
and enter a finding...
822
00:39:21,025 --> 00:39:22,394
...of not guilty.
823
00:39:22,427 --> 00:39:24,396
The defendant is free to go.
824
00:39:24,429 --> 00:39:25,263
(gavel bangs)
825
00:39:30,302 --> 00:39:31,403
(sobbing)
826
00:39:34,839 --> 00:39:36,841
(sighs)
827
00:39:56,127 --> 00:39:57,862
(sighs)
828
00:40:04,202 --> 00:40:05,169
Hey.
829
00:40:07,906 --> 00:40:10,609
It's, uh, not right
for a man to cry.
830
00:40:10,642 --> 00:40:11,976
I had to come in.
831
00:40:13,244 --> 00:40:16,715
I think, under
the circumstances,
832
00:40:16,748 --> 00:40:18,249
you can cry, Miguel.
833
00:40:19,884 --> 00:40:21,152
One day...
834
00:40:22,687 --> 00:40:25,390
(voice breaking)
...I will repay you,
Mr. Berluti.
835
00:40:25,424 --> 00:40:27,158
Don't worry about that.
836
00:40:28,493 --> 00:40:29,661
(sniffles)
837
00:40:37,369 --> 00:40:39,604
You no doubt feel like
a proud man, Mr. Berluti.
838
00:40:40,905 --> 00:40:42,474
But you're not a proud man.
839
00:40:43,241 --> 00:40:44,643
You betrayed me.
840
00:40:44,676 --> 00:40:47,846
Reverend, when you came
to the Courthouse,
841
00:40:47,879 --> 00:40:50,649
it was because you had to.
842
00:40:50,682 --> 00:40:52,150
And that Judge's ruling,
843
00:40:52,183 --> 00:40:54,553
it had everything to do
with you coming forward.
844
00:40:54,586 --> 00:40:56,688
I didn't come forward.
845
00:40:56,721 --> 00:40:59,958
You dragged me forward,
after pledging your secrecy.
846
00:41:01,826 --> 00:41:03,762
I'm happy very for you, sir.
847
00:41:05,163 --> 00:41:06,465
But you betrayed me.
848
00:41:16,040 --> 00:41:18,910
Jimmy, Miguel still has to
check with probation
849
00:41:18,943 --> 00:41:20,679
before he can leave.
Okay.
850
00:41:28,286 --> 00:41:29,621
Oh, my God.
851
00:41:34,359 --> 00:41:35,827
Oh, my God.
852
00:41:38,196 --> 00:41:40,732
There was no congregant
who confessed, was there?
853
00:41:48,039 --> 00:41:51,009
You need to check with probation
before you can go.
854
00:41:51,910 --> 00:41:53,545
Okay. (clears throat)
855
00:42:01,052 --> 00:42:02,220
(door shuts)
856
00:42:17,602 --> 00:42:21,105
(music playing)
857
00:42:44,228 --> 00:42:44,996
You stinker!
61063
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