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1
00:00:01,034 --> 00:00:02,536
(siren blows)
2
00:00:04,838 --> 00:00:06,673
(door opens)
3
00:00:06,707 --> 00:00:08,775
(door closes)
4
00:00:14,080 --> 00:00:16,650
They're not dismissing.
5
00:00:16,683 --> 00:00:18,418
Well, what about doing
that motion for discovery?
6
00:00:18,451 --> 00:00:20,386
Darryl, we've already --
7
00:00:20,420 --> 00:00:22,355
'Cause they need to discover
that I didn't do this.
8
00:00:24,224 --> 00:00:26,426
The motion for discovery
just asks
9
00:00:26,459 --> 00:00:28,795
for state's evidence,
which we've already done.
10
00:00:28,829 --> 00:00:31,798
What we're talking about now,
Darryl, is the trial.
11
00:00:31,832 --> 00:00:36,069
Oh. Then we need
to do that, right?
12
00:00:36,102 --> 00:00:37,203
'Cause as long
as I'm in here,
13
00:00:37,237 --> 00:00:39,239
well, then my grandmother's
all alone.
14
00:00:39,272 --> 00:00:41,074
She's too sick
to come to court as it is.
15
00:00:41,107 --> 00:00:43,610
I still think our best hope
16
00:00:43,644 --> 00:00:46,212
may be
with mental health issues.
17
00:00:46,246 --> 00:00:47,681
With a borderline I. Q.
18
00:00:47,714 --> 00:00:49,616
and your background
of physical abuse --
19
00:00:49,650 --> 00:00:51,585
I told you before, I don't
want to go to a mental hospital.
20
00:00:51,618 --> 00:00:52,318
I want to go home.
21
00:00:52,352 --> 00:00:55,255
I understand
what you're saying,
22
00:00:55,288 --> 00:00:58,559
I really do,
but if we lose at trial,
23
00:00:58,592 --> 00:01:00,393
you won't get
to go home, either.
24
00:01:00,426 --> 00:01:02,863
But we can't lose
'cause I didn't kill the kid.
25
00:01:02,896 --> 00:01:05,131
Well, unfortunately, it
doesn't always work that way.
26
00:01:05,165 --> 00:01:07,367
But I can tell them
I didn't do it.
27
00:01:08,301 --> 00:01:09,369
Yeah.
28
00:01:09,402 --> 00:01:11,572
Well, I think the prosecution
29
00:01:11,605 --> 00:01:13,306
might ask for more than that.
30
00:01:19,312 --> 00:01:20,180
(door opens)
31
00:01:20,213 --> 00:01:20,881
Forget it.
32
00:01:20,914 --> 00:01:23,183
Richard, he is 17
going on 12.
33
00:01:23,216 --> 00:01:25,318
You had your evaluations.
The kid can stand trial.
34
00:01:25,351 --> 00:01:27,153
Come on, I know
there's a big humanitarian
35
00:01:27,187 --> 00:01:29,122
trapped inside
that little Nazi body.
36
00:01:29,155 --> 00:01:30,557
Oh, yes,
make "little" jokes.
37
00:01:30,591 --> 00:01:31,725
That's very big
of you, Ellenor.
38
00:01:31,758 --> 00:01:34,494
Look, richard, I know you and I
have had our differences.
39
00:01:34,528 --> 00:01:36,663
Ask Brian Tabbitt's parents
what they'd like to work out.
40
00:01:36,697 --> 00:01:38,765
Your client killed their
8-year-old son for sport.
41
00:01:38,799 --> 00:01:40,366
Darryl Hutchins
has the I. Q. --
42
00:01:40,400 --> 00:01:43,704
I am not making any deals.
I'm sorry.
43
00:01:45,739 --> 00:01:46,840
Midget.
44
00:01:48,709 --> 00:01:50,644
(music playing)
45
00:02:39,826 --> 00:02:40,927
Anything?
46
00:02:40,961 --> 00:02:41,895
Nothing.
47
00:02:41,928 --> 00:02:45,331
Was your father beating you?
Because if he was,
48
00:02:45,365 --> 00:02:47,968
we could be talking
self-defense.
49
00:02:48,001 --> 00:02:50,737
Is that what happened?
50
00:02:50,771 --> 00:02:52,606
Your neighbors heard
you and your father
51
00:02:52,639 --> 00:02:53,473
arguing last night.
52
00:02:53,507 --> 00:02:56,209
Someone saw you
running from the house.
53
00:02:56,242 --> 00:03:00,614
If you panicked,
that's totally understandable.
54
00:03:00,647 --> 00:03:02,883
Wendy, look at me.
55
00:03:02,916 --> 00:03:04,851
Look at me.
56
00:03:04,885 --> 00:03:06,720
Let me help you.
57
00:03:09,756 --> 00:03:12,392
You tell me
it was self-defense,
58
00:03:12,425 --> 00:03:16,329
and that's what I write down.
59
00:03:16,362 --> 00:03:18,264
Can I write that down?
60
00:03:23,303 --> 00:03:25,872
I wasn't in the house.
61
00:03:25,906 --> 00:03:28,374
She's not going to talk.
Where's the boyfriend?
62
00:03:28,408 --> 00:03:29,442
Next room.
63
00:03:38,018 --> 00:03:38,952
(door opens)
64
00:03:38,985 --> 00:03:41,688
Listen to me.
If she goes down for murder,
65
00:03:41,722 --> 00:03:44,357
you could be an accessory
before the fact.
66
00:03:44,390 --> 00:03:48,629
That's life in prison.
You ready for that?
67
00:03:51,532 --> 00:03:53,767
That fact that this
just happened last night
68
00:03:53,800 --> 00:03:55,368
could be a big break for you.
69
00:03:55,401 --> 00:03:57,671
Maybe you didn't know
what happened when she called.
70
00:03:57,704 --> 00:03:58,905
Maybe she didn't tell you
till later.
71
00:03:58,939 --> 00:04:01,808
You come forward now, you won't
look like an accessory at all.
72
00:04:01,842 --> 00:04:03,910
I'm not going to talk.
73
00:04:03,944 --> 00:04:06,947
Look, Scott, I could
be your friend here or not.
74
00:04:06,980 --> 00:04:09,850
My dad's a police officer.
75
00:04:09,883 --> 00:04:13,486
I know my rights,
and I want a lawyer.
76
00:04:13,520 --> 00:04:14,555
Who's your dad?
77
00:04:14,588 --> 00:04:16,757
Detective Frank Lopes.
78
00:04:19,760 --> 00:04:21,895
So get me a lawyer.
79
00:04:26,099 --> 00:04:27,400
(door opens)
80
00:04:28,735 --> 00:04:29,736
You heard?
81
00:04:29,770 --> 00:04:31,004
He's Frank's kid?
82
00:04:32,372 --> 00:04:33,039
Any ideas?
83
00:04:34,708 --> 00:04:37,611
Well, we should probably
call Frank.
84
00:04:37,644 --> 00:04:39,412
I think we owe him that.
85
00:04:39,445 --> 00:04:41,848
This will kill him.
86
00:04:48,121 --> 00:04:50,490
I am not commenting
on the facts of the case.
87
00:04:50,524 --> 00:04:52,759
I am merely stating my opinion
that the commonwealth
88
00:04:52,793 --> 00:04:54,561
is turning into a police state.
89
00:04:54,595 --> 00:04:56,930
Darryl Hutchins doesn't have
the mental capacity
90
00:04:56,963 --> 00:04:57,964
to defend himself,
91
00:04:57,998 --> 00:04:59,900
and yet they
push forward anyway.
92
00:04:59,933 --> 00:05:02,769
Why? because Richard Bay
can smell a conviction
93
00:05:02,803 --> 00:05:04,404
going after
the mentally challenged,
94
00:05:04,437 --> 00:05:05,939
and stockpiling convictions
95
00:05:05,972 --> 00:05:07,473
is how assistant
district attorneys
96
00:05:07,508 --> 00:05:10,376
lay pipeline for their
future political careers.
97
00:05:11,545 --> 00:05:14,781
If you think I'll tolerate
any of the nonsense
98
00:05:14,815 --> 00:05:16,550
that went on
in that last trial --
99
00:05:16,583 --> 00:05:17,984
I'm not entitled
to freedom of speech?
100
00:05:18,018 --> 00:05:19,553
That wasn't
about free speech.
101
00:05:19,586 --> 00:05:21,522
That was intended
for the jury.
It was not.
102
00:05:21,555 --> 00:05:23,356
Both of you --
Oh, give me a break,
Ellenor.
103
00:05:23,389 --> 00:05:25,559
They're not sequestered.
She's hoping one or two of them
104
00:05:25,592 --> 00:05:27,127
will catch that little
sound bite on the news.
105
00:05:27,160 --> 00:05:29,429
Look, I am this close
to ordering
106
00:05:29,462 --> 00:05:32,432
that you two never be allowed
in the same courtroom again.
107
00:05:32,465 --> 00:05:35,669
Mr.Bay, take something, please.
108
00:05:35,702 --> 00:05:38,471
Miss Frutt, consider yourself
gagged.
109
00:05:38,505 --> 00:05:40,040
No more talking
take somto the press.
110
00:05:40,073 --> 00:05:41,808
That's all.
111
00:05:42,175 --> 00:05:43,143
(door closes)
112
00:05:43,176 --> 00:05:44,845
You try to agitate me,
Ellenor.
113
00:05:44,878 --> 00:05:46,046
Why can't you
just admit it?
114
00:05:46,079 --> 00:05:47,648
This is a case
we should plead out,
115
00:05:47,681 --> 00:05:48,882
but you
personalize everything
116
00:05:48,915 --> 00:05:50,050
because you need
to beat me, so --
117
00:05:50,083 --> 00:05:51,852
Your client
committed a murder.
118
00:05:51,885 --> 00:05:52,953
D.A.s should take that
personally.
119
00:05:52,986 --> 00:05:54,420
Oh, go away.
120
00:05:54,454 --> 00:05:55,756
Can I ask you
something, Ellenor?
121
00:05:56,857 --> 00:05:58,058
Your guy
picked up a board
122
00:05:58,091 --> 00:06:00,426
and clubbed
an 8-year-old to death.
123
00:06:00,460 --> 00:06:01,528
Does that even bother you?
124
00:06:02,963 --> 00:06:06,032
Or-Or what if you win and put
the 17 going on 12 killer
back out there.
125
00:06:06,066 --> 00:06:08,702
That thought didn't
even give you a twinge?
126
00:06:08,735 --> 00:06:10,671
First of all,
he said he didn't do it.
127
00:06:10,704 --> 00:06:13,707
Oh, well, I didn't know that.
Let's dismiss, then.
128
00:06:13,740 --> 00:06:16,476
Ms. Frutt?
My name's Eddie Chessler.
129
00:06:16,510 --> 00:06:17,744
I'm kind of a friend
of Darryl's.
130
00:06:18,745 --> 00:06:20,714
And?
131
00:06:22,583 --> 00:06:23,784
What can I do for you?
132
00:06:24,751 --> 00:06:26,853
Darryl didn't
kill that kid.
133
00:06:28,855 --> 00:06:31,391
Can we, like,
go someplace, talk?
134
00:06:37,798 --> 00:06:38,965
What's going on?
135
00:06:39,566 --> 00:06:41,602
A man by the name
of Brendon Lowhurst
136
00:06:41,635 --> 00:06:42,836
was found dead
this morning.
137
00:06:42,869 --> 00:06:45,839
What? My son goes out
with his daughter.
138
00:06:45,872 --> 00:06:46,840
We know. He was found
139
00:06:46,873 --> 00:06:49,209
at the bottom of the stairs
with a broken neck.
140
00:06:49,242 --> 00:06:52,913
We think maybe
his daughter pushed him.
141
00:06:52,946 --> 00:06:53,947
Or your son, Frank.
142
00:06:53,980 --> 00:06:55,682
He was seen
fleeing the house.
143
00:06:55,716 --> 00:06:57,117
My son?
144
00:06:58,218 --> 00:06:59,152
What are you nuts?
145
00:06:59,185 --> 00:07:01,822
They're both here
and they're not talking.
146
00:07:01,855 --> 00:07:04,090
Scott's requested a lawyer.
147
00:07:05,892 --> 00:07:06,727
Where is he?
148
00:07:06,760 --> 00:07:08,128
He's in room 3.
149
00:07:09,930 --> 00:07:11,965
I want to talk
to him alone.
150
00:07:11,998 --> 00:07:12,833
No windows.
151
00:07:12,866 --> 00:07:14,868
You have my word.
152
00:07:22,543 --> 00:07:25,145
This kid Kenny --
Kenny Sutton --
153
00:07:25,178 --> 00:07:26,613
he lives
in the neighborhood,
154
00:07:26,647 --> 00:07:28,014
and he's trouble.
155
00:07:28,114 --> 00:07:29,750
I think he killed the boy.
156
00:07:29,783 --> 00:07:31,552
Why?
157
00:07:31,585 --> 00:07:33,987
I was on my way over
to meet him at that old house.
158
00:07:34,020 --> 00:07:35,221
We kind of use it
as a place to hang
159
00:07:35,255 --> 00:07:37,758
since no one
lives there anymore.
160
00:07:37,791 --> 00:07:41,895
I heard a scream from outside
as I was on my way up.
161
00:07:41,928 --> 00:07:44,698
Then I seen Darryl come up,
he goes in.
162
00:07:44,731 --> 00:07:46,633
Then I seen Kenny come out.
163
00:07:46,667 --> 00:07:50,604
I think Kenny killed that boy
before Darryl went in.
164
00:07:50,637 --> 00:07:53,607
Why didn't you tell this
to the police?
165
00:07:53,640 --> 00:07:55,976
'Cause I got to live
in that neighborhood.
166
00:07:56,276 --> 00:07:58,044
You ever spent any time
in Charlestown?
167
00:07:58,078 --> 00:07:59,646
There's a code.
168
00:07:59,680 --> 00:08:01,081
Well, why come forward now?
169
00:08:03,083 --> 00:08:07,688
Well, I guess because I also
got to live with myself.
170
00:08:09,890 --> 00:08:11,191
Are you prepared
to testify to this?
171
00:08:11,224 --> 00:08:13,493
If I have to.
172
00:08:14,294 --> 00:08:17,531
Eddie, you wouldn't
happen to have a grudge
173
00:08:17,564 --> 00:08:19,165
against this Kenny Sutton kid,
would you?
174
00:08:19,199 --> 00:08:21,902
Hey, I'm just telling you
what happened.
175
00:08:21,935 --> 00:08:23,303
All right?
176
00:08:23,336 --> 00:08:25,171
Now, do you want my help
or not?
177
00:08:35,015 --> 00:08:37,984
He has something
he wants to say.
178
00:08:38,018 --> 00:08:40,987
Okay.
179
00:08:41,021 --> 00:08:43,056
We've known each other
a long time, Helen.
180
00:08:43,089 --> 00:08:46,192
I'll do what I can, Frank.
181
00:08:48,094 --> 00:08:50,263
She was crying
when she called.
182
00:08:50,296 --> 00:08:51,965
I asked her
what was wrong,
183
00:08:51,998 --> 00:08:54,300
but she just said,
"he did it again."
184
00:08:54,334 --> 00:08:56,570
I figured he must have
hit her again.
185
00:08:56,603 --> 00:08:58,805
Her father hit her?
Yes.
186
00:08:58,839 --> 00:09:00,273
And this has
happened before?
187
00:09:00,306 --> 00:09:03,544
A few times. I even
told my dad about it.
188
00:09:05,211 --> 00:09:07,247
She tell you
what the fight was about?
189
00:09:07,280 --> 00:09:09,683
It was always about
how she talked back.
190
00:09:09,716 --> 00:09:11,351
He was an ass.
191
00:09:11,384 --> 00:09:12,919
Did she push him
down the stairs?
192
00:09:12,953 --> 00:09:15,856
No. She wasn't even there
when he fell.
193
00:09:15,889 --> 00:09:18,291
She was calling me
from her cell phone.
194
00:09:18,324 --> 00:09:20,694
You know for a fact
she wasn't even there?
195
00:09:20,727 --> 00:09:21,728
Yes.
196
00:09:21,762 --> 00:09:23,597
How do you know?
197
00:09:28,635 --> 00:09:32,305
Because when I went there...
198
00:09:32,338 --> 00:09:35,108
I went alone.
199
00:09:35,141 --> 00:09:37,744
You saw Mr. Lowhurst?
200
00:09:37,778 --> 00:09:40,346
I took my dad's gun
and went to his house.
201
00:09:44,685 --> 00:09:47,153
Okay, and what happened then?
202
00:09:47,187 --> 00:09:49,355
I went upstairs
looking for him.
203
00:09:49,389 --> 00:09:51,391
How'd you get in?
I walked in.
204
00:09:51,424 --> 00:09:53,059
The door wasn't locked.
205
00:09:54,661 --> 00:09:57,063
Then what happened?
206
00:09:57,097 --> 00:09:58,732
He wasn't in his bedroom,
207
00:09:58,765 --> 00:10:01,635
so I went back
into the hallway
208
00:10:01,668 --> 00:10:04,104
just as he's coming out
of the bathroom.
209
00:10:06,406 --> 00:10:07,708
What'd you do?
210
00:10:10,143 --> 00:10:12,846
I pointed the gun at him
and told him
211
00:10:12,879 --> 00:10:15,649
if he ever laid a hand
on Wendy again,
212
00:10:15,682 --> 00:10:17,417
I'd kill him.
213
00:10:17,450 --> 00:10:18,885
I just wanted to scare him,
214
00:10:18,919 --> 00:10:22,288
but he backed up
and fell down the stairs.
215
00:10:27,794 --> 00:10:28,762
At first I thought
216
00:10:28,795 --> 00:10:30,196
he was knocked out,
217
00:10:30,230 --> 00:10:33,767
but then I could tell
he was dead.
218
00:10:35,235 --> 00:10:37,337
I got scared
and ran out.
219
00:10:38,204 --> 00:10:40,173
I swear, Ms. Gamble,
220
00:10:40,206 --> 00:10:42,909
I never, ever
wanted to hurt him.
221
00:10:42,943 --> 00:10:44,845
I just wanted to scare him.
222
00:10:49,415 --> 00:10:51,017
(sobbing)
223
00:11:04,364 --> 00:11:06,800
I can either go to the D. A.,
turn over the new evidence,
224
00:11:06,833 --> 00:11:08,401
ask them to reopen
the investigation --
225
00:11:08,434 --> 00:11:09,102
Richard Bay.
226
00:11:09,135 --> 00:11:10,737
Exactly.
He won't do anything.
227
00:11:10,771 --> 00:11:12,405
You have to add him
to your witness list.
228
00:11:12,438 --> 00:11:14,240
I'm doing that. My question
is do I come clean
229
00:11:14,274 --> 00:11:16,743
with what I've got or do I
just play the card at trial?
230
00:11:16,777 --> 00:11:18,378
Spring it at trial.
Wait a second.
231
00:11:18,411 --> 00:11:20,246
If they investigate and this
guy's story checks out,
232
00:11:20,280 --> 00:11:22,015
you might avoid a trial.
233
00:11:22,048 --> 00:11:24,718
Doesn't sound like he totally
blows the prosecution's case,
234
00:11:24,751 --> 00:11:26,119
and if the trial goes forward,
235
00:11:26,152 --> 00:11:28,021
the less prepared
Richard Bay is --
236
00:11:28,054 --> 00:11:28,922
Unfair surprise.
237
00:11:28,955 --> 00:11:30,757
No, it isn't. The witness
is on the list.
238
00:11:30,791 --> 00:11:32,425
Are you telling them
what the witness will say?
239
00:11:32,458 --> 00:11:34,360
No, just that he was
in the area,
240
00:11:34,394 --> 00:11:35,261
and that he went
into the house
241
00:11:35,295 --> 00:11:36,396
with this Kenny person.
242
00:11:36,429 --> 00:11:38,298
Nothing about hearing screams.
I don't have to tip that.
243
00:11:38,331 --> 00:11:39,800
Unfair surprise.
244
00:11:39,833 --> 00:11:41,134
It is not.
It isn't.
245
00:11:41,167 --> 00:11:42,803
Look, put him
on the witness list.
246
00:11:42,836 --> 00:11:44,104
Let him give his testimony.
247
00:11:44,137 --> 00:11:44,871
Let that be that.
248
00:11:44,905 --> 00:11:46,439
No way do you tip off
Richard Bay.
249
00:11:47,107 --> 00:11:47,974
(door opens)
250
00:11:48,008 --> 00:11:49,976
Bobby, there's a detective
here to see you.
251
00:11:50,010 --> 00:11:50,877
Bobby.
252
00:11:50,911 --> 00:11:52,513
Frank, what's up?
253
00:11:52,546 --> 00:11:53,980
It isn't good.
Can I talk to you?
254
00:11:54,014 --> 00:11:55,882
Sure.
Thanks.
255
00:11:55,916 --> 00:11:58,418
Hey, Eugene,
could you sit in?
256
00:11:58,451 --> 00:12:01,121
Sure.
257
00:12:01,454 --> 00:12:02,923
You let him talk?
258
00:12:02,956 --> 00:12:04,090
He's not a criminal.
259
00:12:04,124 --> 00:12:05,526
I understand, Frank,
260
00:12:05,559 --> 00:12:07,360
but he's facing
criminal charges.
261
00:12:07,393 --> 00:12:10,030
Bobby, I know the way
police think, okay?
262
00:12:10,063 --> 00:12:12,265
You don't talk,
you're a suspect, automatic.
263
00:12:12,298 --> 00:12:15,802
Well, it seems he is anyway.
They going to arraign him?
264
00:12:15,836 --> 00:12:17,337
I don't know on what.
Helen Gamble promised me --
265
00:12:17,370 --> 00:12:19,540
Helen Gamble's the D. A.?
266
00:12:19,573 --> 00:12:21,041
Yeah. She said she might
have to withdraw,
267
00:12:21,074 --> 00:12:22,876
since, you know,
if she's going to help me,
268
00:12:22,909 --> 00:12:23,644
I guess she'd have to.
269
00:12:23,677 --> 00:12:25,211
Frank, she might want
to help you,
270
00:12:25,245 --> 00:12:27,147
but this is a homicide.
271
00:12:27,180 --> 00:12:28,782
It is not going
to slip by quietly,
272
00:12:28,815 --> 00:12:31,818
and D. A. s rarely cut favors
on murder cases.
273
00:12:31,852 --> 00:12:32,919
Trust me on that.
274
00:12:33,854 --> 00:12:35,789
Bobby,
Helen Gamble's here.
275
00:12:39,159 --> 00:12:42,462
(horn blows)
276
00:12:42,495 --> 00:12:44,565
I just found out
about the witness this morning.
277
00:12:44,598 --> 00:12:45,566
Oh, right.
278
00:12:45,599 --> 00:12:47,400
You were there when he
walked up to me, Richard.
279
00:12:47,433 --> 00:12:49,002
What is your offer
of proof?
280
00:12:49,035 --> 00:12:51,237
He was in the area.
He may be no good
281
00:12:51,271 --> 00:12:53,507
to me at all, who knows,
but I'm desperate, okay?
282
00:12:53,540 --> 00:12:54,975
My client doesn't have enough
283
00:12:55,008 --> 00:12:56,577
of an I. Q. to contribute
to his own defense.
284
00:12:56,610 --> 00:12:57,611
Here we go again.
He knows that...
285
00:12:57,644 --> 00:13:00,313
and I should be allowed
to add one lousy witness.
286
00:13:00,346 --> 00:13:01,948
Your Honor,
if I may respond.
287
00:13:01,982 --> 00:13:04,084
No, you may not.
The witness is allowed.
288
00:13:04,117 --> 00:13:07,187
Let's go into court
and get this over with.
289
00:13:10,591 --> 00:13:12,392
It's not
an official objection,
290
00:13:12,425 --> 00:13:14,094
but I think you favor her.
291
00:13:21,935 --> 00:13:24,137
We're charging him
with second-degree murder.
292
00:13:25,405 --> 00:13:26,339
What did you say?
293
00:13:26,372 --> 00:13:28,474
Unfortunately, they're
all over this upstairs.
294
00:13:28,509 --> 00:13:30,043
Whoa, whoa, whoa.
Slow down, Helen.
295
00:13:30,076 --> 00:13:32,245
Second-degree? That's life.
296
00:13:32,278 --> 00:13:34,047
With the possibility
of parole.
297
00:13:34,080 --> 00:13:36,416
You heard it. It was
an accident, for god's sakes.
298
00:13:36,449 --> 00:13:38,985
He's going to go to prison
because of what -- politics?
299
00:13:39,019 --> 00:13:39,853
It isn't politics, Frank.
300
00:13:39,886 --> 00:13:42,523
Helen, you and I
go back pretty good
301
00:13:42,556 --> 00:13:43,489
You look me in the eye
302
00:13:43,524 --> 00:13:44,457
you said you'd do
what you could, and now --
303
00:13:44,490 --> 00:13:48,294
And I am. Frank, when you
brought us in there
304
00:13:48,328 --> 00:13:50,897
for his statement, I thought
he was an accessory at best.
305
00:13:50,931 --> 00:13:53,233
It was an accident. Guy falls
down a flight of stairs,
306
00:13:53,266 --> 00:13:54,868
you bring murder charges?
How is that anything --
307
00:13:54,901 --> 00:13:56,269
He fired the gun.
308
00:14:00,607 --> 00:14:01,942
What?
309
00:14:01,975 --> 00:14:03,376
The gun had been discharged.
310
00:14:03,409 --> 00:14:05,612
We did a trace metal
on Scott. He fired it.
311
00:14:05,646 --> 00:14:08,081
He then dug the bullet
out of the wall
312
00:14:08,114 --> 00:14:11,051
to avoid us finding it.
313
00:14:11,084 --> 00:14:12,986
I'd like to help,
314
00:14:13,019 --> 00:14:15,155
but we've got an armed assault
in a dwelling.
315
00:14:15,188 --> 00:14:17,357
We've got enough
to make first-degree,
316
00:14:17,390 --> 00:14:19,893
in which case
there's no chance of parole.
317
00:14:23,129 --> 00:14:27,133
Murder two's a break,
believe it or not.
318
00:14:27,167 --> 00:14:28,869
I'm sorry.
319
00:14:36,242 --> 00:14:39,445
The victim died
of blunt-force trauma
to the head.
320
00:14:39,479 --> 00:14:42,516
Were you able to determine
the cause of the trauma?
321
00:14:42,549 --> 00:14:44,184
Yes. Wood fragments
were recovered
322
00:14:44,217 --> 00:14:45,251
from the boy's skull,
323
00:14:45,285 --> 00:14:47,453
indicating he had been beaten
with a wooden object.
324
00:14:47,487 --> 00:14:51,457
Did you subsequently determine
the source of those fragments?
325
00:14:51,491 --> 00:14:53,660
They came from a plank
326
00:14:53,694 --> 00:14:55,696
removed from the flooring
of the house
327
00:14:55,729 --> 00:14:57,598
and later recovered
by the officers
328
00:14:57,631 --> 00:14:59,399
in the alley
behind the crime scene.
329
00:15:04,170 --> 00:15:05,205
This would be
the piece of wood?
330
00:15:05,238 --> 00:15:08,942
Yes, and further analysis
found it to be covered
331
00:15:08,975 --> 00:15:11,144
with blood
matching the victim's.
332
00:15:11,177 --> 00:15:12,946
And you tested for prints?
333
00:15:12,979 --> 00:15:15,448
Yes, I performed
a fingerprint analysis
334
00:15:15,481 --> 00:15:18,284
of the latent prints lifted
off that same piece of wood.
335
00:15:18,318 --> 00:15:19,986
And what did
your analysis reveal?
336
00:15:20,020 --> 00:15:21,421
Comparison revealed
those prints
337
00:15:21,454 --> 00:15:24,124
to match the fingerprints
of the defendant.
338
00:15:24,157 --> 00:15:26,527
But it's possible that Darryl
picked up that board
339
00:15:26,560 --> 00:15:28,529
after it had been used
by another person
340
00:15:28,562 --> 00:15:29,395
to murder the victim.
341
00:15:29,429 --> 00:15:32,165
Your client's prints
were the only prints
342
00:15:32,198 --> 00:15:33,499
recovered from the board.
343
00:15:33,534 --> 00:15:34,334
Which would be the case
344
00:15:34,367 --> 00:15:36,236
if the actual perpetrator
wore gloves
345
00:15:36,269 --> 00:15:37,704
or if he wiped
his prints off prior
346
00:15:37,738 --> 00:15:40,140
to my client
handling the board.
347
00:15:42,175 --> 00:15:43,276
True.
348
00:15:45,345 --> 00:15:47,380
I didn't shoot at him,
349
00:15:47,413 --> 00:15:49,650
just to the side
to scare him.
350
00:15:49,683 --> 00:15:53,019
For god's sakes,
why didn't you tell me?
351
00:15:53,053 --> 00:15:55,055
I was afraid
of how it would look.
352
00:15:55,088 --> 00:15:56,022
You aimed the gun --
353
00:15:56,056 --> 00:15:58,592
I shot 6 feet wide of him,
dad, at 4 feet away.
354
00:15:58,625 --> 00:16:00,226
There's no way --
But you lied!
355
00:16:00,260 --> 00:16:01,762
Okay? You lied to me,
you lied to them,
356
00:16:01,795 --> 00:16:04,130
and any chance
of cooperation -- god!
357
00:16:04,164 --> 00:16:05,566
All right, all right.
358
00:16:05,599 --> 00:16:07,768
Yelling's not going
to solve anything.
359
00:16:07,801 --> 00:16:09,670
We need to think.
360
00:16:12,773 --> 00:16:15,542
I didn't shoot at him,
361
00:16:15,576 --> 00:16:18,044
and I didn't push him.
362
00:16:18,078 --> 00:16:21,081
It was an accident.
363
00:16:21,114 --> 00:16:24,284
Well, now what?
364
00:16:24,317 --> 00:16:26,486
He's being arraigned
tomorrow.
365
00:16:26,520 --> 00:16:27,988
After that, we dig in.
366
00:16:29,656 --> 00:16:32,559
He's going to go trial
for murder.
367
00:16:32,593 --> 00:16:35,161
I don't believe this.
368
00:16:35,195 --> 00:16:37,631
There may be
another way to go.
369
00:16:37,664 --> 00:16:38,765
What?
370
00:16:38,799 --> 00:16:40,033
I don't want
to speak too soon.
371
00:16:40,066 --> 00:16:41,535
I-I need to do
a little research,
372
00:16:42,836 --> 00:16:45,371
but we may have an out.
373
00:16:45,405 --> 00:16:46,239
(doors open)
374
00:16:46,272 --> 00:16:47,373
What are you thinking?
375
00:16:47,407 --> 00:16:48,742
Their case
is that confession,
376
00:16:48,775 --> 00:16:50,210
after he asked
for his lawyer.
377
00:16:50,243 --> 00:16:52,378
He confessed to his father.
378
00:16:52,412 --> 00:16:53,213
Who's a cop.
379
00:16:53,246 --> 00:16:55,081
But he didn't confess
to him as a cop.
380
00:16:55,115 --> 00:16:56,382
He was talking to his dad.
381
00:16:56,416 --> 00:17:00,153
That'll be Helen's argument.
Doesn't have to be ours.
382
00:17:05,826 --> 00:17:08,261
He was always
afraid of him.
383
00:17:08,294 --> 00:17:09,229
Your son was afraid...
384
00:17:10,196 --> 00:17:12,232
Of him -- the defendant.
385
00:17:12,265 --> 00:17:13,800
Did he say why?
386
00:17:13,834 --> 00:17:15,235
Not really.
387
00:17:15,268 --> 00:17:18,271
Brian would just say
that he was a little off.
388
00:17:18,304 --> 00:17:19,673
(table slammed)
389
00:17:19,706 --> 00:17:20,607
Mr. Hutchins.
390
00:17:20,641 --> 00:17:21,808
I'm not off!
391
00:17:21,842 --> 00:17:23,109
Darryl.
392
00:17:26,880 --> 00:17:31,117
Mr. Tabbitt, did you
regard your son's fears
393
00:17:31,151 --> 00:17:32,853
to be serious?
394
00:17:32,886 --> 00:17:35,722
Not enough.
395
00:17:35,756 --> 00:17:37,490
I just wish I had
done something --
396
00:17:38,525 --> 00:17:41,427
Gone to his grandmother,
checked him out.
397
00:17:41,461 --> 00:17:42,262
Objection.
398
00:17:42,295 --> 00:17:44,665
How could someone
so clearly disturbed
399
00:17:44,698 --> 00:17:47,233
be on the street,
unsupervised?
400
00:17:47,267 --> 00:17:47,968
How does that work?
401
00:17:48,001 --> 00:17:51,137
Objection.
Sustained. Mr. Bay.
402
00:17:51,171 --> 00:17:52,639
That's all I have.
403
00:17:53,674 --> 00:17:56,209
(gasps)
404
00:18:08,321 --> 00:18:09,255
Brian's fears --
405
00:18:10,423 --> 00:18:14,861
were they caused by Darryl
ever doing anything to your son?
406
00:18:14,895 --> 00:18:16,329
Not that I'm aware of.
407
00:18:16,362 --> 00:18:18,899
It was mainly
Brian got scared
408
00:18:18,932 --> 00:18:22,168
because he perceived Darryl
as being a little off?
409
00:18:22,202 --> 00:18:24,270
Yes.
410
00:18:24,304 --> 00:18:28,408
Thank you. And, sir?
411
00:18:29,242 --> 00:18:31,244
I'm very sorry
for your loss.
412
00:18:42,789 --> 00:18:43,757
So we're winning, right?
413
00:18:43,790 --> 00:18:44,791
It seems like
we're winning.
414
00:18:45,559 --> 00:18:47,293
I wouldn't say that,
Darryl.
415
00:18:47,327 --> 00:18:49,295
I think we are.
You did great, Ellenor.
416
00:18:51,264 --> 00:18:53,867
Darryl, look, um,
417
00:18:53,900 --> 00:18:55,569
I need to talk to you
a little bit more
418
00:18:55,602 --> 00:18:56,703
about this Kenny fellow.
419
00:18:56,737 --> 00:18:58,839
He's cool.
420
00:18:58,872 --> 00:19:02,342
Yes. Are you sure --
421
00:19:02,375 --> 00:19:04,410
absolutely sure that when
you went into the house,
422
00:19:04,444 --> 00:19:06,346
you didn't see Kenny
do anything?
423
00:19:06,379 --> 00:19:09,182
I'm sure.
He was just leaving.
424
00:19:09,215 --> 00:19:11,384
Okay. Eddie Chessler.
425
00:19:11,417 --> 00:19:12,886
Yeah, he's my friend.
426
00:19:12,919 --> 00:19:15,756
Yes, I know that.
Eddie seems to think
427
00:19:15,789 --> 00:19:17,457
that you might be
protecting Kenny
428
00:19:17,490 --> 00:19:22,295
because, well,
you think he's cool.
429
00:19:22,328 --> 00:19:23,229
If you are, Darryl,
430
00:19:23,597 --> 00:19:26,266
that wouldn't be
smart here.
431
00:19:26,299 --> 00:19:27,400
You already told me that.
432
00:19:27,433 --> 00:19:31,371
But I'm not sure
you totally understand it.
433
00:19:31,404 --> 00:19:32,673
If you saw this Kenny kid
434
00:19:32,706 --> 00:19:34,941
do something
to that little boy...
435
00:19:36,510 --> 00:19:38,211
I didn't, I promise.
436
00:19:40,313 --> 00:19:43,449
You think I'm stupid,
don't you?
437
00:19:43,483 --> 00:19:44,918
No, Darryl,
I don't think that.
438
00:19:44,951 --> 00:19:46,853
Yes, you do.
439
00:19:53,026 --> 00:19:54,327
Look, I have to go
meet Eddie
440
00:19:54,360 --> 00:19:55,061
'cause he's up next,
441
00:19:55,095 --> 00:19:57,764
so I want you
to get some rest,
442
00:19:57,798 --> 00:20:02,268
and I'll see you
tomorrow, okay?
443
00:20:02,302 --> 00:20:03,737
Yeah.
444
00:20:04,871 --> 00:20:05,972
Okay.
445
00:20:09,309 --> 00:20:10,644
Ellenor?
446
00:20:10,677 --> 00:20:11,778
Yeah?
447
00:20:11,812 --> 00:20:13,346
I think we're winning.
448
00:20:20,053 --> 00:20:21,688
(door opens)
449
00:20:25,491 --> 00:20:27,528
Okay, tomorrow morning
you're up first.
450
00:20:27,561 --> 00:20:28,494
Are you ready?
451
00:20:28,529 --> 00:20:30,997
Ready. I should just stick
with the same story
452
00:20:31,031 --> 00:20:33,534
I told you, right?
453
00:20:33,567 --> 00:20:35,468
Which is the truth,
right?
454
00:20:35,502 --> 00:20:37,771
You heard the boy scream
before Darryl went in,
455
00:20:37,804 --> 00:20:39,272
and then you saw
that Kenny kid come out?
456
00:20:39,305 --> 00:20:41,041
Got it.
457
00:20:41,074 --> 00:20:42,809
Never mind "got it." Is that
what happened or not?
458
00:20:42,843 --> 00:20:46,379
Look, I can only
put you on the stand
459
00:20:46,412 --> 00:20:48,915
if what you testified to
is the truth.
460
00:20:48,949 --> 00:20:51,317
So what if I just
tell you it's the truth?
461
00:20:51,351 --> 00:20:52,653
You don't know
otherwise for a fact,
462
00:20:52,686 --> 00:20:54,420
and you got no case
without me.
463
00:20:54,454 --> 00:20:56,422
This isn't a game, Eddie.
464
00:20:56,623 --> 00:20:58,358
The rest of Darryl's life
is on the line here.
465
00:20:58,391 --> 00:21:02,629
Which is why I'm here.
466
00:21:02,663 --> 00:21:03,730
What happened? Tell me.
467
00:21:03,764 --> 00:21:05,999
It all happened,
Ms. Frutt.
468
00:21:06,032 --> 00:21:08,835
Darryl went in the house,
Kenny went in the house,
469
00:21:08,869 --> 00:21:10,704
the boy screamed.
470
00:21:10,737 --> 00:21:14,474
I just changed
the order of things.
471
00:21:14,508 --> 00:21:15,876
Just put me up there.
472
00:21:15,909 --> 00:21:18,545
You are not taking the stand.
Go. Just get lost.
473
00:21:18,579 --> 00:21:19,613
What about Darryl?
474
00:21:19,646 --> 00:21:21,882
You have not
helped Darryl, Eddie.
475
00:21:21,915 --> 00:21:23,950
Now get out of here.
You're not testifying.
476
00:21:40,767 --> 00:21:41,868
So, what are you
going to do?
477
00:21:41,902 --> 00:21:45,438
What can I do? I'll have
to put Darryl on the stand.
478
00:21:45,471 --> 00:21:46,139
Darryl?
479
00:21:46,172 --> 00:21:47,708
Have you got
a better idea?
480
00:21:47,741 --> 00:21:51,044
No, but...he has the I. Q.
of a 12-year-old.
481
00:21:51,077 --> 00:21:52,913
You're going to pit him
against Richard Bay?
482
00:21:52,946 --> 00:21:53,847
Even match.
483
00:21:53,880 --> 00:21:55,415
I have no choice.
484
00:21:55,448 --> 00:21:56,617
They've placed him
at the scene.
485
00:21:56,650 --> 00:21:58,084
His prints are
all over the weapon.
486
00:21:58,118 --> 00:22:00,554
If he doesn't get up and tell
his story, he goes away.
487
00:22:00,587 --> 00:22:02,556
Well, you can't still put
Eddie back on the stand?
488
00:22:02,589 --> 00:22:05,726
Knowing he's going to lie?
No, we can't do that, Lucy.
489
00:22:05,759 --> 00:22:09,830
I'm open for suggestions.
Anybody?
490
00:22:10,664 --> 00:22:12,432
Good luck.
491
00:22:12,966 --> 00:22:17,504
Case number 42643,
Commonwealth vs Scott Lopes.
492
00:22:17,538 --> 00:22:18,772
Bobby Donnell for
the defendant, Your Honor.
493
00:22:18,805 --> 00:22:20,641
Waive reading, ask for
personal recognizance.
494
00:22:20,674 --> 00:22:21,474
Murder two.
495
00:22:21,508 --> 00:22:23,043
No flight risk.
This was accidental --
496
00:22:23,076 --> 00:22:25,779
Murder two,
the commonwealth opposes bail.
497
00:22:25,812 --> 00:22:26,880
Bail is denied.
498
00:22:26,913 --> 00:22:29,082
The defense moves to suppress
my client's confession.
499
00:22:29,115 --> 00:22:29,950
Sixth amendment grounds --
500
00:22:29,983 --> 00:22:31,818
he asked for his lawyer
and was denied.
501
00:22:31,852 --> 00:22:33,820
The confession was made
to his own father --
502
00:22:33,854 --> 00:22:35,656
My client's father
is a police officer
503
00:22:35,689 --> 00:22:37,591
who went in to interrogate,
and since Scott Lopes
504
00:22:37,624 --> 00:22:38,458
is his son --
505
00:22:38,491 --> 00:22:39,593
You got to be kidding.
506
00:22:39,626 --> 00:22:42,395
He asked for a lawyer.
They sent in a police officer.
507
00:22:42,428 --> 00:22:43,564
Bobby, even for you...
508
00:22:43,597 --> 00:22:45,498
Helen, even for you...
509
00:22:45,532 --> 00:22:48,401
All right,
what's going on?
510
00:22:48,434 --> 00:22:49,369
It's exactly what I said.
511
00:22:49,402 --> 00:22:51,772
Detective Lopes entered
that room as a father,
512
00:22:51,805 --> 00:22:54,508
not a police officer.
There's no state action here.
513
00:22:54,541 --> 00:22:55,542
And I disagree.
514
00:22:55,576 --> 00:22:58,078
Mr. Donnell, you're suggesting
that detective Lopes
515
00:22:58,111 --> 00:22:59,846
assumed the role
of a police officer
516
00:22:59,880 --> 00:23:01,181
when talking
to his own son.
517
00:23:01,214 --> 00:23:03,550
I request a short evidentiary
hearing, Your Honor.
518
00:23:03,584 --> 00:23:05,752
I'd like to call detective
Michael McGuire to the stand.
519
00:23:05,786 --> 00:23:07,087
What are you trying
to scam now?
520
00:23:07,120 --> 00:23:08,689
I object to that,
but as long as
521
00:23:08,722 --> 00:23:10,524
we're throwing words
like "scam" around...
522
00:23:10,557 --> 00:23:14,460
We're not. The detective
will take the stand at 11:00.
523
00:23:14,494 --> 00:23:15,629
You're joking.
524
00:23:17,898 --> 00:23:19,399
Next case.
525
00:23:23,003 --> 00:23:24,571
Well, I walked up
to the house because
526
00:23:24,605 --> 00:23:26,172
that's where
a lot of us go, you know?
527
00:23:26,206 --> 00:23:27,140
Why's that?
528
00:23:27,173 --> 00:23:27,841
Because there's never
any grownups there.
529
00:23:27,874 --> 00:23:29,910
And when you went
to the house
530
00:23:29,943 --> 00:23:31,545
on this day, Darryl,
what did you see?
531
00:23:31,578 --> 00:23:34,948
I saw my friend Kenny Sutton.
He lives around there.
532
00:23:34,981 --> 00:23:37,651
And was he doing anything?
533
00:23:37,684 --> 00:23:39,886
Just smoking a cigarette,
and then he left.
534
00:23:39,920 --> 00:23:41,822
What happened then?
535
00:23:41,855 --> 00:23:44,958
Then I was going to leave
because no one was there,
536
00:23:44,991 --> 00:23:48,695
but I had to use
the bathroom.
537
00:23:48,729 --> 00:23:51,565
But when I went over
by the stairs,
538
00:23:51,598 --> 00:23:52,633
that's when I saw him.
539
00:23:52,666 --> 00:23:54,167
Who?
540
00:23:54,200 --> 00:23:56,937
Brian Tabbitt.
541
00:23:56,970 --> 00:23:57,971
He was dead.
542
00:23:58,004 --> 00:23:59,873
There was blood everywhere.
543
00:23:59,906 --> 00:24:00,674
And what did you do?
544
00:24:00,707 --> 00:24:02,876
Well, I poked him
a little at first
545
00:24:02,909 --> 00:24:05,646
to see if he was
still alive, but he wasn't.
546
00:24:07,581 --> 00:24:09,516
There was this big piece
of wood on his head,
547
00:24:09,550 --> 00:24:11,552
and I lifted it off.
548
00:24:14,287 --> 00:24:15,656
Was it this piece
of wood here?
549
00:24:15,689 --> 00:24:18,191
Yes, I think that's it.
550
00:24:19,960 --> 00:24:23,597
Darryl, you go to
a special school, am I right?
551
00:24:23,630 --> 00:24:24,565
I'm not stupid.
552
00:24:24,598 --> 00:24:27,668
No, no, you're not.
You go to a special school
553
00:24:27,701 --> 00:24:29,703
because you're
behind the other kids.
554
00:24:29,736 --> 00:24:30,571
Right.
555
00:24:30,604 --> 00:24:31,872
But you do understand,
556
00:24:31,905 --> 00:24:34,040
sitting in this chair
under oath,
557
00:24:34,641 --> 00:24:36,109
it's important
that you tell the truth?
558
00:24:36,142 --> 00:24:37,878
Yes.
559
00:24:37,911 --> 00:24:39,279
Are you telling
the truth now?
560
00:24:39,312 --> 00:24:42,949
Yes, I am.
I didn't kill that boy.
561
00:24:42,983 --> 00:24:46,553
I found him like that.
562
00:24:46,587 --> 00:24:48,855
But you didn't report it
to the police.
563
00:24:48,889 --> 00:24:50,591
I told other people.
564
00:24:50,624 --> 00:24:52,058
Yes, you seem to go around
celebrating it.
565
00:24:52,092 --> 00:24:53,259
Objection -- foundation.
566
00:24:53,293 --> 00:24:54,861
Sustained.
567
00:24:55,696 --> 00:24:57,764
Why didn't you tell
the police?
568
00:24:57,798 --> 00:25:00,200
I told everybody I saw.
569
00:25:00,233 --> 00:25:03,236
If I had seen a policeman,
I would have told him, too.
570
00:25:05,305 --> 00:25:07,741
Ever have any arguments
with Brian Tabbitt, Darryl?
571
00:25:07,774 --> 00:25:09,643
Once in a while.
572
00:25:09,676 --> 00:25:12,546
Was he your friend?
573
00:25:12,579 --> 00:25:14,748
Not really.
He was only 8.
574
00:25:14,781 --> 00:25:17,584
Did he and some of the other
young kids tease you?
575
00:25:17,618 --> 00:25:18,985
Sometimes.
576
00:25:19,019 --> 00:25:21,054
Did he call you a retard?
577
00:25:21,087 --> 00:25:24,791
Sometimes,
but I'm not a retard.
578
00:25:24,825 --> 00:25:26,760
Did you ever tell him
he'd be sorry one day
579
00:25:26,793 --> 00:25:28,795
for calling you a retard?
580
00:25:28,829 --> 00:25:29,996
But I didn't kill him.
581
00:25:30,030 --> 00:25:32,666
Did you hit him?
No.
582
00:25:32,699 --> 00:25:34,000
Did he call you a retard
583
00:25:34,034 --> 00:25:35,702
when you walked
in that house that day?
584
00:25:35,736 --> 00:25:38,672
No, he was already dead.
585
00:25:41,942 --> 00:25:42,943
Nothing further.
586
00:25:44,611 --> 00:25:48,982
Mr. Hutchins, you may go back
to your table now.
587
00:25:49,015 --> 00:25:50,016
Ms. Frutt?
588
00:25:50,050 --> 00:25:51,952
The defense rests,
Your Honor.
589
00:25:51,985 --> 00:25:53,620
Mr. Bay.
590
00:25:56,690 --> 00:25:58,324
One rebuttal witness,
Your Honor.
591
00:25:58,358 --> 00:26:01,795
The commonwealth calls
Eddie Chessler.
592
00:26:05,165 --> 00:26:06,800
Sidebar.
593
00:26:09,970 --> 00:26:12,338
He's properly listed
as a witness.
594
00:26:12,372 --> 00:26:14,307
This is a liar
looking for attention.
595
00:26:14,340 --> 00:26:15,241
How do you know?
596
00:26:15,275 --> 00:26:16,376
Because he was going to lie
to help Darryl.
597
00:26:16,409 --> 00:26:19,012
And As soon as I found out
his story was a fabrication,
598
00:26:19,045 --> 00:26:21,014
I properly excused him
as a witness.
599
00:26:21,047 --> 00:26:23,817
And now he's looking for
his 15 minutes of fame with you.
600
00:26:23,850 --> 00:26:27,387
He didn't come to me,
Ellenor. I went to him.
601
00:26:27,420 --> 00:26:29,155
I saw your little disagreement
in the corridor.
602
00:26:29,189 --> 00:26:31,191
I figured whatever he had
to say didn't help you.
603
00:26:31,224 --> 00:26:32,826
I thought it would help me,
and I was right.
604
00:26:32,859 --> 00:26:34,728
This witness is unreliable.
605
00:26:34,761 --> 00:26:36,129
His testimony could be
prejudicial.
606
00:26:36,162 --> 00:26:37,798
So cross him
on what he told you.
607
00:26:37,831 --> 00:26:39,766
Was anyone else present
for your conversation?
608
00:26:39,800 --> 00:26:41,267
No.
609
00:26:41,301 --> 00:26:43,203
Well, then shame on you.
610
00:26:43,236 --> 00:26:45,939
Never interview a witness
alone. This is what you get.
611
00:26:45,972 --> 00:26:49,810
Thank you, Your Honor.
I was so hoping for a lesson.
612
00:26:51,311 --> 00:26:53,647
I can't prevent him
from testifying.
613
00:26:53,680 --> 00:26:55,348
You are free
to cross-examine.
614
00:26:55,381 --> 00:26:57,250
Let's go.
615
00:26:57,918 --> 00:27:00,887
And at that point,
he asked to see his lawyer.
616
00:27:00,921 --> 00:27:01,922
And then what happened?
617
00:27:01,955 --> 00:27:02,956
We stopped
the interrogation.
618
00:27:04,090 --> 00:27:06,026
Then, since his father was
a colleague, out of courtesy,
619
00:27:06,059 --> 00:27:06,993
we gave him a call.
620
00:27:07,027 --> 00:27:08,094
And then?
621
00:27:08,128 --> 00:27:10,697
His father came down,
went in, and talked to his son.
622
00:27:10,731 --> 00:27:12,365
Then, when Frank emerged,
623
00:27:12,398 --> 00:27:14,935
he said that his son
was ready to make a statement.
624
00:27:14,968 --> 00:27:17,303
Detective, did Scott Lopes
ask to see his father?
625
00:27:17,337 --> 00:27:19,840
Actually, no. He just
asked to see his lawyer.
626
00:27:19,873 --> 00:27:23,276
Whose idea was it
to call detective Lopes?
Helen Gamble's.
627
00:27:23,309 --> 00:27:25,445
Your Honor, at this point,
I'd like to call Helen Gamble.
628
00:27:25,478 --> 00:27:27,347
I'm the prosecuting D. A.
629
00:27:27,380 --> 00:27:29,082
This is just
an evidentiary hearing.
630
00:27:29,115 --> 00:27:31,217
So what? I'm the D. A.
of record. I can't be --
631
00:27:31,251 --> 00:27:32,819
Then maybe you shouldn't be.
632
00:27:32,853 --> 00:27:34,320
What the hell
are you up to now?
633
00:27:34,354 --> 00:27:35,088
Your Honor?
634
00:27:35,121 --> 00:27:39,993
Ms. Gamble,
please take the stand.
635
00:27:42,495 --> 00:27:43,329
And as I was walking,
636
00:27:43,363 --> 00:27:45,398
I was maybe 30 yards
away from the house.
637
00:27:45,431 --> 00:27:46,967
I saw Darryl.
638
00:27:47,000 --> 00:27:48,702
The defendant?
639
00:27:48,735 --> 00:27:49,803
Yes.
640
00:27:49,836 --> 00:27:50,937
And can you tell the court
641
00:27:50,971 --> 00:27:53,039
what you observed next,
Mr. Chessler?
642
00:27:53,073 --> 00:27:55,475
Uh, excuse me.
Before you do,
643
00:27:55,509 --> 00:27:58,278
we should establish
you're here under subpoena,
644
00:27:58,311 --> 00:27:59,345
aren't you, Mr. Chessler?
645
00:27:59,379 --> 00:28:00,446
Yes.
646
00:28:00,480 --> 00:28:03,784
You're in fact a friend
of the defendant, are you not?
647
00:28:03,817 --> 00:28:07,220
I like the guy, yeah.
He's a good kid.
648
00:28:07,253 --> 00:28:10,290
In fact, you were prepared
to lie to help him, weren't you?
649
00:28:10,323 --> 00:28:13,459
I wanted to help him.
I admit that.
650
00:28:13,493 --> 00:28:16,129
You don't have any motive
to hurt him?
651
00:28:16,162 --> 00:28:17,764
No, I don't.
652
00:28:17,798 --> 00:28:20,901
Okay. Continue.
653
00:28:20,934 --> 00:28:25,205
Could you tell us
what happened next?
654
00:28:25,238 --> 00:28:29,275
Well, I seen Darryl
moving towards the house.
655
00:28:29,309 --> 00:28:32,012
Then all of a sudden,
I heard this awful screaming
656
00:28:32,045 --> 00:28:35,315
coming from inside
the house.
657
00:28:35,348 --> 00:28:38,752
You heard the scream
after Darryl went in?
658
00:28:38,785 --> 00:28:42,255
No, no, before he went in.
659
00:28:42,288 --> 00:28:43,857
Darryl was still outside.
660
00:28:43,890 --> 00:28:46,927
He went in after I heard
the screaming.
661
00:28:46,960 --> 00:28:51,932
Mr. Chessler, did you not
tell me earlier
662
00:28:51,965 --> 00:28:53,333
you heard the screaming
663
00:28:53,366 --> 00:28:56,503
after Darryl Hutchins
entered the dwelling?
664
00:28:56,537 --> 00:29:00,373
Yes, I told you that,
but that's not what happened.
665
00:29:00,406 --> 00:29:02,809
The screaming came
before Darryl went in.
666
00:29:02,843 --> 00:29:06,212
Mr. Chessler, why did you
tell Mr. Bay otherwise?
667
00:29:06,246 --> 00:29:08,448
'cause I knew he wouldn't
put me up here
668
00:29:08,481 --> 00:29:09,983
if I was going to tell
the truth.
669
00:29:10,016 --> 00:29:11,251
Objection!
Move to strike!
670
00:29:11,284 --> 00:29:12,485
And I thought the truth
had to come out,
671
00:29:12,519 --> 00:29:14,521
however I could get
to say it.
672
00:29:14,555 --> 00:29:15,455
I've been tricked!
673
00:29:15,488 --> 00:29:18,859
This is a sneaky, sleazy,
disgusting trick.
674
00:29:18,892 --> 00:29:21,027
I'm just saying
what really happened.
675
00:29:27,100 --> 00:29:28,969
Anything else, Mr. Bay?
676
00:29:33,273 --> 00:29:34,508
No.
677
00:29:34,541 --> 00:29:36,242
Ms. Frutt?
678
00:29:37,443 --> 00:29:38,945
Uh, nothing, Your Honor.
679
00:29:38,979 --> 00:29:41,214
The witness may step down.
680
00:29:48,989 --> 00:29:51,958
Mr. Bay, anything else?
681
00:29:54,961 --> 00:29:56,396
Mr. Bay?
682
00:30:00,333 --> 00:30:02,168
We are adjourned
until after lunch,
683
00:30:02,202 --> 00:30:04,404
and then we will hear
closing arguments.
684
00:30:07,307 --> 00:30:08,274
That went well, right?
685
00:30:08,308 --> 00:30:11,011
That went very well.
686
00:30:13,113 --> 00:30:14,247
It was a courtesy.
687
00:30:14,280 --> 00:30:16,449
I've known Frank Lopes
for nine years.
688
00:30:16,482 --> 00:30:18,418
Yes, he is.
He's a friend?
689
00:30:18,451 --> 00:30:20,086
Known him
to be an honest cop?
690
00:30:20,120 --> 00:30:20,954
Very.
691
00:30:20,987 --> 00:30:21,855
Straight shooter?
692
00:30:21,888 --> 00:30:24,625
He shoots straighter
than his son, I guess.
693
00:30:24,658 --> 00:30:27,193
And if his son told him
the truth,
694
00:30:27,227 --> 00:30:29,195
knowing Frank Lopes
the way you do,
695
00:30:29,229 --> 00:30:30,631
what did you think he would
do with the information?
696
00:30:30,664 --> 00:30:33,534
I didn't think about it.
You didn't think about it?
697
00:30:33,567 --> 00:30:34,868
No, I didn't, counsel.
698
00:30:34,901 --> 00:30:37,638
I was just letting
a father visit his son.
699
00:30:37,671 --> 00:30:41,041
Well, you didn't let
the father visit the son
700
00:30:41,074 --> 00:30:42,442
before the police
questioned him.
701
00:30:42,475 --> 00:30:44,611
Only after the boy
asked for his lawyer,
702
00:30:44,645 --> 00:30:46,613
only after you didn't
get anywhere,
703
00:30:46,647 --> 00:30:48,014
then you called
for the dad.
704
00:30:48,048 --> 00:30:49,983
You sent for the father
to get a confession
705
00:30:50,016 --> 00:30:52,318
you couldn't get,
didn't you?
No, I did not.
706
00:30:52,352 --> 00:30:55,556
You're under oath, Helen.
I know my oath, Eugene.
707
00:30:55,589 --> 00:30:57,057
It is your testimony
708
00:30:57,090 --> 00:30:59,325
that when you called
for Scott Lopes' father,
709
00:30:59,359 --> 00:31:00,961
you did not do it
for the purpose
710
00:31:00,994 --> 00:31:02,629
of facilitating
a confession.
711
00:31:02,663 --> 00:31:04,965
That's my testimony.
712
00:31:04,998 --> 00:31:07,400
'Cause you would never
take advantage
713
00:31:07,433 --> 00:31:08,669
of a friend that way,
would you, Helen?
714
00:31:08,702 --> 00:31:10,170
That seems argumentative.
715
00:31:10,203 --> 00:31:12,472
Am I allowed to object
from the chair, Your Honor?
716
00:31:12,506 --> 00:31:15,576
The objection is sustained.
Ask questions, counsel.
717
00:31:15,609 --> 00:31:17,978
Here's a question.
718
00:31:18,011 --> 00:31:20,947
As a friend, why didn't
you have a lawyer present
719
00:31:20,981 --> 00:31:23,617
before getting a statement
from Scott Lopes?
720
00:31:24,484 --> 00:31:25,351
Wouldn't a friend say,
721
00:31:25,385 --> 00:31:27,487
"hey, you might want
to wait for a lawyer"?
722
00:31:27,521 --> 00:31:28,622
Objection -- speculation.
723
00:31:28,655 --> 00:31:31,491
Truth is the Lopeses felt
they were getting legal help,
724
00:31:31,525 --> 00:31:32,959
didn't they, Helen,
from a friend?
725
00:31:32,993 --> 00:31:34,094
Objection --
argumentative.
726
00:31:34,127 --> 00:31:36,963
Tough having to be both
witness and D. A. Here, isn't it?
727
00:31:36,997 --> 00:31:38,364
Tough playing a dual
role, huh, Helen?
728
00:31:38,398 --> 00:31:39,666
Objection -- badgering.
729
00:31:39,700 --> 00:31:42,035
But you weren't playing
a dual role the other day.
730
00:31:42,068 --> 00:31:44,538
You were just a D. A. You sent
that man to get on a mission --
731
00:31:44,571 --> 00:31:45,972
Objection -- badgering!
732
00:31:46,006 --> 00:31:48,942
Are you going to rule
or not?
733
00:31:48,975 --> 00:31:50,476
Move along, Mr. young.
734
00:31:50,511 --> 00:31:52,245
I think I'm done,
Your Honor.
735
00:31:52,278 --> 00:31:56,116
I don't have
any questions at all.
736
00:31:56,149 --> 00:31:57,250
Not anymore.
737
00:32:08,028 --> 00:32:09,462
I don't question
that Frank Lopes
738
00:32:09,495 --> 00:32:11,532
went into that room
as a father, not as a cop.
739
00:32:11,565 --> 00:32:12,666
Then what's the issue?
740
00:32:12,699 --> 00:32:14,968
The issue is
he was used unwittingly
741
00:32:15,001 --> 00:32:16,002
by the district attorney.
742
00:32:16,036 --> 00:32:17,671
She called him
to get a confession.
743
00:32:17,704 --> 00:32:19,740
Regardless what was
in Frank Lopes' mind,
744
00:32:19,773 --> 00:32:22,442
Helen Gamble's thinking
was, "let's use the father
745
00:32:22,475 --> 00:32:24,144
to get the information,"
knowing the father,
746
00:32:24,177 --> 00:32:26,279
a good, straight cop,
would turn it over.
747
00:32:26,312 --> 00:32:27,447
So you're a mind reader now.
748
00:32:27,480 --> 00:32:30,483
Well, Ms. Gamble,
if professional courtesy
was the goal,
749
00:32:30,517 --> 00:32:31,585
why did you
not call the father
750
00:32:31,618 --> 00:32:34,120
before you hit the wall
with the police interrogation?
751
00:32:34,154 --> 00:32:36,657
The police interrogation had
started before I got there.
752
00:32:36,690 --> 00:32:39,059
Scott Lopes
asked for his lawyer.
753
00:32:39,092 --> 00:32:41,294
By law, all questioning
must stop.
754
00:32:41,327 --> 00:32:43,463
And all questioning
did stop.
755
00:32:43,496 --> 00:32:44,397
It was his father,
756
00:32:44,430 --> 00:32:47,433
and on cases where the father
is also a cop,
757
00:32:47,467 --> 00:32:50,370
the courts look to the totality
of circumstances
758
00:32:50,403 --> 00:32:54,340
to determine, "was the statement
given voluntarily?"
759
00:32:54,374 --> 00:32:57,043
Here, it was,
and everyone knows it.
760
00:33:02,215 --> 00:33:03,684
You want to call me
as a witness?
761
00:33:03,717 --> 00:33:05,652
I know what he told you.
You can verify
762
00:33:05,686 --> 00:33:07,621
that his testimony
was a total fabrication.
763
00:33:07,654 --> 00:33:08,622
Are you on drugs?
764
00:33:08,655 --> 00:33:09,790
As a matter of fact,
I am.
765
00:33:09,823 --> 00:33:11,692
I've been pounding aspirin
for three hours.
766
00:33:11,725 --> 00:33:12,859
Mr. Bay.
767
00:33:12,893 --> 00:33:16,697
Your Honor, Eddie Chessler
just proffered false testimony.
768
00:33:16,730 --> 00:33:18,231
She knows it.
769
00:33:18,264 --> 00:33:20,200
You can't call me
to testify
770
00:33:20,233 --> 00:33:22,102
against the interests
of my client.
771
00:33:22,135 --> 00:33:24,270
I believe I can
in the interests of justice.
772
00:33:24,304 --> 00:33:25,639
You can excuse yourself.
He can --
773
00:33:25,672 --> 00:33:26,540
Oh, come on.
774
00:33:26,573 --> 00:33:27,774
Look, what happened here?
775
00:33:27,808 --> 00:33:30,310
I have to admit,
this all seems very strange.
776
00:33:30,343 --> 00:33:33,113
The guy flipped on me,
then he flipped on Richard --
777
00:33:33,146 --> 00:33:34,715
anything to get
into the witness chair.
778
00:33:34,748 --> 00:33:37,250
You didn't
orchestrate this, did you?
779
00:33:37,283 --> 00:33:38,451
I'm sorry?
780
00:33:38,484 --> 00:33:40,153
Oh, how ingenious.
781
00:33:40,186 --> 00:33:41,755
Get the prosecution
to call him.
782
00:33:41,788 --> 00:33:44,457
That way, his testimony
becomes a total bombshell.
783
00:33:44,490 --> 00:33:47,127
Hey, I am the one
who excused his testimony
784
00:33:47,160 --> 00:33:48,028
when I knew
he was going to lie.
785
00:33:48,061 --> 00:33:50,096
Which goes totally
against your character.
786
00:33:50,130 --> 00:33:51,431
Oh, I should've known
something was up
787
00:33:51,464 --> 00:33:52,833
the minute you started
acting ethically.
788
00:33:52,866 --> 00:33:54,367
Have another aspirin.
789
00:33:54,400 --> 00:33:58,639
Your Honor, she has information.
She's a witness.
790
00:34:01,708 --> 00:34:04,310
I'm sorry, Mr. Bay.
I'm not going to allow
791
00:34:04,344 --> 00:34:06,346
the prosecution to call
defense counsel
792
00:34:06,379 --> 00:34:07,614
to impeach
a state's witness.
793
00:34:10,116 --> 00:34:12,152
You got a bad bounce.
794
00:34:12,185 --> 00:34:13,820
You'll just have
to deal with it.
795
00:34:13,854 --> 00:34:14,788
What a gyp!
796
00:34:14,821 --> 00:34:15,822
Excuse me?
797
00:34:15,856 --> 00:34:17,558
This is a total gyp.
798
00:34:17,591 --> 00:34:18,525
Oh, that argument
799
00:34:18,559 --> 00:34:20,827
you'll definitely want
to save for appeal.
800
00:34:20,861 --> 00:34:23,129
For now, let's go.
801
00:34:26,867 --> 00:34:29,169
No eyewitnesses.
802
00:34:29,202 --> 00:34:32,305
Their entire case
is fingerprints,
803
00:34:32,338 --> 00:34:34,575
and you heard
Darryl Hutchins tell you
804
00:34:34,608 --> 00:34:36,543
how those fingerprints
got there.
805
00:34:36,577 --> 00:34:38,545
He picked up
the piece of wood.
806
00:34:38,579 --> 00:34:42,115
Stupid thing to do?
Of course.
807
00:34:42,148 --> 00:34:46,319
But Darryl is a little slower
than the rest of us,
808
00:34:46,352 --> 00:34:48,755
and he just happened
to walk into that house
809
00:34:48,789 --> 00:34:50,757
at the wrong time.
810
00:34:50,791 --> 00:34:53,393
And you heard
Eddie Chessler's testimony.
811
00:34:53,426 --> 00:34:55,395
He said he heard the scream
812
00:34:55,428 --> 00:34:57,397
before Darryl went
into that building --
813
00:34:57,430 --> 00:35:01,234
before he went in.
814
00:35:01,267 --> 00:35:02,903
And what about
this Kenny Sutton?
815
00:35:02,936 --> 00:35:04,671
Why wasn't he called?
816
00:35:04,705 --> 00:35:08,408
Why wasn't he put on the stand
to say that Brian Tabbitt
817
00:35:08,441 --> 00:35:10,744
was still alive
when he left the building?
818
00:35:10,777 --> 00:35:14,648
There is reasonable doubt
everywhere you turn on this one.
819
00:35:14,681 --> 00:35:17,651
Eddie Chessler is a liar
who tricked his way
820
00:35:17,684 --> 00:35:20,253
onto the stand
in order to help a friend.
821
00:35:20,286 --> 00:35:21,622
The defense couldn't call him
822
00:35:21,655 --> 00:35:23,256
since they knew him
to be a liar.
823
00:35:23,289 --> 00:35:23,924
Objection.
824
00:35:23,957 --> 00:35:28,829
JUDGE KITTLESON:
Sustained.
825
00:35:28,862 --> 00:35:33,466
You know, it's easy
to fall into the trap
826
00:35:33,499 --> 00:35:38,371
of looking at trials
with a scorecard --
827
00:35:38,404 --> 00:35:40,306
who built up the most points,
828
00:35:40,340 --> 00:35:42,375
who won the day, who lost --
829
00:35:42,408 --> 00:35:44,878
like it's a game.
830
00:35:44,911 --> 00:35:48,348
As I stood here
in this room yesterday,
831
00:35:48,381 --> 00:35:50,684
egg all over my face,
832
00:35:50,717 --> 00:35:53,887
I'm sure I looked every bit
the loser I felt I was.
833
00:35:53,920 --> 00:35:56,590
Imagine my embarrassment,
834
00:35:56,623 --> 00:36:00,260
being surprised
by my own witness.
835
00:36:00,293 --> 00:36:02,563
But this isn't a game,
ladies and gentlemen.
836
00:36:02,596 --> 00:36:04,565
You don't go back
to that room
837
00:36:04,598 --> 00:36:06,967
and decide who racked up
the most points.
838
00:36:07,000 --> 00:36:09,903
The question is,
who killed Brian Tabbitt?
839
00:36:11,838 --> 00:36:14,374
Other than the untruthful
testimony of Eddie Chessler,
840
00:36:14,407 --> 00:36:20,346
the evidence -- all of it --
points to Darryl Hutchins.
841
00:36:20,380 --> 00:36:22,883
He threatened the boy.
He was alone with him
in a house.
842
00:36:22,916 --> 00:36:26,887
When Mr. Hutchins left,
Brian Tabbitt was dead,
843
00:36:26,920 --> 00:36:28,321
with the defendant's
fingerprints
844
00:36:28,354 --> 00:36:31,558
all over the weapon.
845
00:36:31,592 --> 00:36:36,530
For once, let's not
look at this as a game.
846
00:36:36,563 --> 00:36:38,732
Let's hold a killer
responsible.
847
00:36:50,944 --> 00:36:54,347
We've had parents
extract confessions before
848
00:36:54,380 --> 00:36:57,751
and the test has always been was
the parent acting as a parent,
849
00:36:57,784 --> 00:36:59,753
or, rather, as an agent
of the state
850
00:36:59,786 --> 00:37:01,922
when speaking with his or her
arrested child?
851
00:37:01,955 --> 00:37:04,558
Nobody here
seems to be doubting
852
00:37:04,591 --> 00:37:07,427
detective Lopes
went into that room as a father,
853
00:37:07,460 --> 00:37:09,663
not as a police officer,
854
00:37:09,696 --> 00:37:13,800
but to me, the question
doesn't end there.
855
00:37:13,834 --> 00:37:17,370
Anything designed to elicit
an incriminating response
856
00:37:17,403 --> 00:37:22,308
by definition
is an interrogation.
857
00:37:22,342 --> 00:37:23,910
Therefore, Ms. Gamble,
858
00:37:23,944 --> 00:37:25,546
if you sent the father
into that room
859
00:37:25,579 --> 00:37:27,581
as part of a design
to collect information,
860
00:37:27,614 --> 00:37:30,483
the court holds that
to be an interrogation,
861
00:37:30,517 --> 00:37:35,556
even if the father was
an unwitting participant.
862
00:37:35,589 --> 00:37:41,427
The question here is
what was in your mind?
863
00:37:41,461 --> 00:37:43,697
Only you know.
864
00:37:43,730 --> 00:37:45,632
The court, however,
is allowed to take note
865
00:37:45,666 --> 00:37:47,701
of your competitive reputation.
866
00:37:47,734 --> 00:37:50,504
The court also takes note
867
00:37:50,537 --> 00:37:52,506
that detective Lopes never
would have entered that room
868
00:37:52,539 --> 00:37:55,475
unless you sent for him,
and since you sent for him
869
00:37:55,509 --> 00:37:58,845
after you struck out
with the police interrogation,
870
00:37:58,879 --> 00:37:59,913
and since the defendant
871
00:37:59,946 --> 00:38:02,849
had invoked his right
to counsel,
872
00:38:02,883 --> 00:38:04,818
I smell a foul ball.
873
00:38:07,487 --> 00:38:10,456
The confession is suppressed.
The gun and the bullet
874
00:38:10,490 --> 00:38:11,692
are deemed fruits
of the poisonous tree
875
00:38:11,725 --> 00:38:15,028
and are similarly suppressed.
In the absence of this evidence,
876
00:38:15,061 --> 00:38:16,663
I find no cause to hold
the defendant,
877
00:38:16,697 --> 00:38:19,065
and he is therefore
free to go.
878
00:38:19,099 --> 00:38:20,400
Adjourned. [ bangs gavel ]
879
00:38:23,937 --> 00:38:24,971
Thank you.
880
00:38:25,005 --> 00:38:28,041
Thank you. I have to admit,
I hate what you guys do,
881
00:38:28,074 --> 00:38:29,042
but I love it today.
882
00:38:31,778 --> 00:38:34,447
Would Your Honor have
a big long stick handy,
883
00:38:34,480 --> 00:38:36,717
preferably barbed?
884
00:38:36,750 --> 00:38:37,718
I'm sorry?
885
00:38:37,751 --> 00:38:39,953
I'd like to bend over
and have it run up my ass
886
00:38:39,986 --> 00:38:44,991
to complete the experience
of appearing before you.
887
00:38:45,025 --> 00:38:49,530
I'll let that go,
counsel...once.
888
00:38:53,734 --> 00:38:55,936
I won't let it go,
Helen.
889
00:38:55,969 --> 00:38:58,505
You sent me in there
to do your work
890
00:38:58,539 --> 00:38:59,706
with my own son.
891
00:38:59,740 --> 00:39:01,775
Come on, Frank. Come on.
892
00:39:12,519 --> 00:39:14,655
I think we did really good,
don't you, Ellenor?
893
00:39:14,688 --> 00:39:16,790
We'll know in a second,
Darryl.
894
00:39:16,823 --> 00:39:21,061
And if we win, I get to go home
to my grandma, right?
895
00:39:21,094 --> 00:39:22,128
That's right.
896
00:39:22,162 --> 00:39:25,699
Members of the jury
have you reached a verdict?
897
00:39:25,732 --> 00:39:26,733
We have.
898
00:39:26,767 --> 00:39:31,104
Will the defendant
please rise.
899
00:39:31,137 --> 00:39:32,639
What say you?
900
00:39:32,673 --> 00:39:35,141
On the charge of murder
in the first degree,
901
00:39:35,175 --> 00:39:37,511
we find the defendant
Darryl Hutchins
902
00:39:38,745 --> 00:39:40,413
not guilty.
903
00:39:40,446 --> 00:39:43,049
On the charge of murder
in second degree,
904
00:39:43,083 --> 00:39:45,485
we find the defendant
Darryl Hutchins
905
00:39:46,953 --> 00:39:48,054
not guilty.
906
00:39:49,990 --> 00:39:51,091
Unbelievable.
907
00:39:52,158 --> 00:39:54,595
JUDGE KITTLESON:
The defendant is free to go.
908
00:39:54,628 --> 00:39:56,129
Members of the jury,
you are dismissed
909
00:39:56,162 --> 00:39:57,130
with the court's thanks.
910
00:39:57,163 --> 00:39:59,199
We are adjourned.
911
00:39:59,232 --> 00:40:00,734
You did it, Ellenor.
You did it.
912
00:40:01,702 --> 00:40:02,836
I think you can thank
your friend Eddie.
913
00:40:03,504 --> 00:40:05,639
He helped, too.
914
00:40:07,774 --> 00:40:10,944
It was my idea,
you know.
915
00:40:10,977 --> 00:40:11,978
I'm sorry?
916
00:40:12,012 --> 00:40:13,547
I knew if he testified
for me,
917
00:40:13,580 --> 00:40:16,482
the jury would only,
like, half believe him,
918
00:40:16,517 --> 00:40:19,953
but if he was
a prosecution witness...
919
00:40:19,986 --> 00:40:22,889
You told him to do that?
920
00:40:22,923 --> 00:40:24,958
I told you
I wasn't stupid.
921
00:40:24,991 --> 00:40:27,628
I told you
I wasn't a retard.
922
00:40:28,962 --> 00:40:30,697
No, you're not, Darryl.
923
00:40:33,534 --> 00:40:35,135
Well, I'm going to go
see my grandmother,
924
00:40:35,168 --> 00:40:36,937
'cause I know
she misses me.
925
00:41:01,628 --> 00:41:03,664
(indistinct chatter)
926
00:41:03,697 --> 00:41:05,999
I want to quit.
927
00:41:06,032 --> 00:41:07,233
You can't quit.
928
00:41:07,267 --> 00:41:09,069
I need you to talk me
out of quitting.
929
00:41:12,773 --> 00:41:13,807
Why is it getting so hard
930
00:41:13,840 --> 00:41:15,008
to get convictions
these days?
931
00:41:15,041 --> 00:41:18,144
Because people are becoming
more distrustful of the police,
932
00:41:18,178 --> 00:41:19,279
and D. A. s --
we don't have
933
00:41:19,312 --> 00:41:21,682
the presumption
of integrity anymore.
934
00:41:21,715 --> 00:41:23,650
But why?
I don't understand.
935
00:41:23,684 --> 00:41:26,252
Tell me. Did you send
the father in there
936
00:41:26,286 --> 00:41:27,988
for the purpose of getting
the kid's confession?
937
00:41:28,021 --> 00:41:30,724
Yes.
938
00:41:30,757 --> 00:41:34,595
So? If he were innocent,
939
00:41:34,628 --> 00:41:36,229
there'd be no confession
to be had.
940
00:41:38,599 --> 00:41:39,733
Can I have your pickle?
941
00:41:56,349 --> 00:41:59,052
I need it, Richard.
942
00:41:59,085 --> 00:42:00,954
Give it to me.
943
00:42:00,987 --> 00:42:01,755
What?
944
00:42:01,788 --> 00:42:04,224
The speech --
why we do what we do.
945
00:42:04,791 --> 00:42:07,160
Oh, I am not really
in the mood after the --
946
00:42:07,193 --> 00:42:08,929
Oh, please, Richard,
I need it.
947
00:42:09,863 --> 00:42:12,165
Please give it to me,
and don't just phone it in.
948
00:42:12,799 --> 00:42:13,700
Helen.
949
00:42:13,734 --> 00:42:17,070
Please. Can't you see
how demoralized I am?
950
00:42:20,707 --> 00:42:21,775
Okay.
951
00:42:25,746 --> 00:42:27,347
There are heroes
in this world.
952
00:42:27,380 --> 00:42:29,716
They're called
district attorneys.
953
00:42:29,750 --> 00:42:31,051
They don't get
to have clients,
954
00:42:31,084 --> 00:42:33,987
people who smile at them
at the end of the trial,
955
00:42:34,020 --> 00:42:36,823
who look them in the eye
and say, "thank you."
956
00:42:36,857 --> 00:42:38,859
Nobody's there to appreciate
the district attorney
957
00:42:38,892 --> 00:42:41,194
because we work for the state,
958
00:42:41,227 --> 00:42:43,229
and our gratitude
comes only from knowing
959
00:42:43,263 --> 00:42:45,966
there's a tide out there --
960
00:42:45,999 --> 00:42:47,200
a tide the size of a tsunami
961
00:42:47,734 --> 00:42:49,970
coming out
of a bottomless cesspool,
962
00:42:50,003 --> 00:42:53,106
a tide called crime,
which, if left unchecked,
963
00:42:53,139 --> 00:42:56,877
will rob every American
of his freedom,
964
00:42:56,910 --> 00:42:59,279
a tide which strips
individuals of the privilege
965
00:42:59,312 --> 00:43:01,782
of being able to walk
down a dark street
966
00:43:01,815 --> 00:43:03,817
or to take $20
out of an atm machine
967
00:43:03,850 --> 00:43:05,185
without fear of being mugged.
968
00:43:05,218 --> 00:43:07,253
All Congress does is talk,
969
00:43:07,287 --> 00:43:09,923
but it's the district attorney
who grabs his sword,
970
00:43:09,956 --> 00:43:12,793
who digs into the trenches
and fights the fight,
971
00:43:12,826 --> 00:43:16,963
who dogs justice day after day
after day without thanks,
972
00:43:16,997 --> 00:43:18,799
without so much
as a simple pat on the back,
973
00:43:18,832 --> 00:43:20,133
but we do it. We do it.
974
00:43:20,166 --> 00:43:23,236
We do it because
we are the crusaders,
975
00:43:23,269 --> 00:43:25,639
the last frontier
of American justice,
976
00:43:25,672 --> 00:43:27,207
knowing that if a man
cannot feel safe,
977
00:43:27,240 --> 00:43:30,844
he can never, never
feel free.
978
00:43:38,018 --> 00:43:39,820
Thank you.
979
00:43:41,021 --> 00:43:42,088
What about your other pickle?
980
00:43:55,769 --> 00:43:57,738
(music playing)
981
00:44:22,095 --> 00:44:23,096
You stinker!
71098
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