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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:04,569 --> 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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