All language subtitles for The.Practice.S04E19.Til.Death.Do.Us.Part.HULU.WEB-DL.AAC2.0.H.264-AJP69_track3_[eng]

LINDSAY DOLE:
Previously on "The Practice"...

Can you tell me the crime
your son's been convicted of?

He's on death row
in Pennsylvania.

He is to be executed
in five weeks.

He was convicted of raping

and killing his girlfriend,
Alisa Kearns,

then killing her mother.

Any DNA?

They didn't do
full DNA analysis back then.

This is Ellenor Frutt.

ELLENOR: Hello.

She says you can do something.
Can you really?

Would you support me
in my efforts

to try to determine where
the rape kit could have gone?

Of course,
but, Ms. Frutt,

Mr. Donovan was rightly
convicted of a double homicide.

He did not commit
that crime.
All right.

"Steven"...
"Alisa"?

Yes, that's it--
Alisa.
32665.

Yeah, that's
the file number.
We've got it.

New evidence is one thing,

but the re-evaluation of old
evidence is quite another.

I am only asking that
you authorize a DNA test.

The petition is denied.

She just doesn't know
when to quit.

Well, I guess she and I
have something in common then,

because I'm not quitting.

Okay, the Pennsylvania
supreme court

turned us down last night,

which means we have to go
to federal circuit court

under what's called
a successor petition.

Just to get the DNA test?

It gets worse.

Since his last lawyer

previously filed
a habeas petition,

under federal law
we don't get another chance

unless we can pretty much
prove that he's innocent

and that his constitutional
rights were violated.

Wait, wait, wait, wait.

We're trying to get
the DNA test

in order to prove
that he's innocent,

but we can't get that test

unless we prove
that he's innocent first?

Right.

How the hell can that be?

I don't know,

but Stuart Donovan is set
to be put to death in 17 days.

So, that means
between now and then

we have to somehow prove
that he's innocent.

This sounds worse
than California.

(music playing)

(indistinct chatter)

(horn blows in distance)

Excuse me.
Are you Mr. Donnell?

Yes.

My name is Arthur Turner,
and this is my wife, Gertrude.

Hello.

I'm afraid
we're in a bit of trouble.

What kind of trouble?

It's my daughter.

We were recently married,
and my stepdaughter

is trying to get
the marriage annulled.

There's a hearing
scheduled for today.

Mr. Turner,
this is Lindsay Dole.

She heads up our domestic
relations department.

Lindsay, this is Arthur Turner,
his wife Gertrude.

Hello.

Bobby,
on that Lujack matter--

I'll handle
the Lujack deposition.

Help the Turners.

If they're able
to get this annulled,

which they are trying
to do...
Rebecca?

Actually, sir, we have
an annulment specialist.

Could you help the Turners?

Their marriage is being
threatened with annulment.

The hearing's today.
I have a Lujack conflict.

I'm actually helping Bobby
on the Lujack matter.

Thank you.

Ms. Washington
will help you.

This Lujack sounds
like a really big client.

I can't possibly thank you
enough for coming.

Come on,
I'll show you the room,

and we can get started.

Oh, my god.

Oh, sorry.

I don't even
notice those anymore.

After 12 years--

I have a meeting
with the informant at 1:00.

Eugene's going
to see the eyewitness.

Good luck trying to get
the time of day with him.

What about the father?
Are you--

Jimmy is going to try.

I can't tell you
how grateful I am.

We can't get
our hopes up, Mary.

I keep trying
to tell you this.

Let's just get to work.

An annulment
is kind of a drastic measure.

I just thought--

where is my mother now?

She's with her husband.

Her husband?
He's nothing but--

Claire.
No,
I'll say my say.

You're no better than he is,
taking advantage of old--

I am not taking advantage
of anyone, ma'am,

and I will thank you
not to draw conclusions

about who and what I am.

You're a lawyer.
That's all I need to know.

Claire, that's enough.

According to Mr. Turner,

he loves your mother
very much.
Oh, right.

She lacked the capacity
to enter into a contract,

marital or--
How do you figure?

Duress?
What are the grounds?

She has Alzheimer's,
Ms. Washington.

You didn't know this?

Your client married
a woman with Alzheimer's.

So? It's illegal
for somebody with Alzheimer's

to get married?

Well, it does raise
some capacity issues.

(sighs)

So, what's going
to happen?

There's going
to be a hearing.

Mr. Turner, you'll have
to take the stand.

I think they plan
on calling a doctor.

And then, Mrs. Turner,
you'll have to testify.

No, I won't let her
be put through that.

She has to demonstrate
to the court

that she was competent
to get married.

If Claire were concerned
about her mother's welfare,

she wouldn't have stuck her
in that nursing home.

Now, she's not going
to be put through testimony.

I'm afraid
that she has no--

I said no.

Mr. Turner,
you hired me to help you.

If you plan to keep this
marriage from being annulled,

your wife
will have to testify.

I can do it, sweetheart.

All I have to do

is show them
that I'm continent.

It's competent.

Yes.

We should get in.

(indistinct chatter)

Mr. Bresler...

I appreciate
you taking the time.

Yeah, um, like I said,
I only got a couple of minutes.

Your house is right across
from the Kearns'?

Was. I, uh, got divorced
and moved about six years ago.

Well, in any case,

going to that night,

you can be sure
it was Stuart Donovan

you saw go
into that house?
Positive.

Can you tell me how
you happened to see him?

I was watching
"Johnny Carson"

when I, uh,
see his Camaro pull up.

It was red with big tires
and mag wheels.

It was always making
a lot of noise, day and night.

So, you actually saw
Stuart get out of the car?

Yes.
Well, he said
he left around 9:00.

Impossible.

It was between
11:30 and 12:00.

I told you
I was watching "Carson."

Well, did you hear any screams
come from the house?

No.

You know he's going
to be executed in two weeks?

Yes.

It's been on the news.

Well, given that,
is there any chance

it wasn't Stuart Donovan
you saw that night?

Mr. Young, I met the kid
a few times back then.

He seemed like
a real nice boy.

I'm not saying he did
what they said he did,

but he did go in there
that night.

There's no question
about that.

Mr. Turner, how long
have you known your wife?

Over 35 years.

I knew her late husband.
They both knew my first wife.

I guess the question
that people are asking--

she has Alzheimer's.

I fell in love with her
long before

she was stricken with that.

It certainly doesn't
make me stop loving her.

Okay,
but it might stop you

from being able
to care for her.

If that day comes,

I might have to consider
putting her in a home.

But that day is not now,
Claire.

I'll tell you that.

You don't know what you're
talking about, Arthur.

I would never--

Ms. Stevens, sit.

Mr. Turner,
please do not address her.

She's upset because
I took her out of the home.

Yes, she is.

She thinks you married her
to gain guardianship

so, you could remove her
from the home.

I married her
because I love her,

and as a person
who loves her,

I wanted her
out of that place--

damn right.

You snuck a minister
into the nursing home,

where he performed
the wedding service?

Yes, I did.

And you have control
of your wife's estate now,

don't you, Mr. Turner?

If Claire wanted
her mother to be happy,

she would want her
to be with me.

She wants her mother
properly cared for.

And I'm doing that!

She has Alzheimer's.

You're a 76-year-old man
with no training--

I can do better
than they can.

That isn't true.

You're ill-equipped
to provide care--

I can take care of her!

GERTRUDE: you!

Stop it.

Mrs. Turner, who is he?

What's his name?

She is not a witness here.

No, she isn't, but the court
certainly would like to know

if she can answer
the question.

Mrs. Turner, who is this man?

Do you know him?

Of course, I do.

Who is he?

His name is Arthur Turner.

He is my lawfully
wedded husband,

and I would appreciate it

if all of you would leave
the two of us alone.

I've been having
these dreams lately.

What sort of dreams?

That I'm asleep,
and I can't wake up.

Then I start thinking
they've already done it.

I'm dead, and this is what
it feels like.

Yeah.

I have a meeting
with the informant

in 45 minutes.

I don't really expect him
to help me

unless he figures
there's something

we can give him.

Okay. Can you make them
stop with the priest?
I'm sorry?

This priest keeps
coming to see me.

He says it's important that
I confess to God before I go.

I'll deal with that.

He says it's my only chance
for absolution.

I will take care
of the priest.

Stuart,
don't talk to anybody,

not even Clergy.

Most of the time she's lucid,

but she does suffer bouts

of both confusion
and delusion.

And, doctor,
does her condition

stand to improve?

No.

It's a progressive disease.

Her cognitive abilities
will eventually erode,

probably completely.

What about care?

I think she's already
at a point where she needs

full-time supervision
by a professional staff.

To entrust her to the care
of a 76-year-old man

with no training--

that's a threat
to her safety.

Does she seem

to have deteriorated
since she left the home?

It's only been a month.

I'll ask
the question again.

Does she seem
to have deteriorated

since she left the home?

No.

When you talk
about the welfare

or well-being of a patient,

whether or not she's happy
or depressed, is that a factor?

Of course.

And if Mrs. Turner
were happier

living with Mr. Turner,

that is something to consider
medically as well, isn't it?

It's not the only thing
to consider, and given--

my question is,

isn't it possible she would
be better off living with him,

especially
when he loves her?

The likelihood of him being
able to take care of her

is so remote--

but if you were satisfied that
he could take care of her,

she's better off
living with him

than in a nursing home,
isn't she?

It's a very big if...
but probably yes.

Thank you, doctor.

(door opens)

Mr. Kearns?

Yes.

My name
is James Berluti, sir.

As I'm sure you know,

Stuart Donovan
is soon to be executed

for the murder
of your wife and daughter.

And?

At the risk of you slamming
the door in my face,

I've been hired
by Stuart's mother.

If I could, and I know
how offensive this must seem,

I'd like to ask you
just a couple of questions.

I was working
the graveyard shift,

but I remember before I left

my wife trying
to calm Alisa down.

Do you know why?

Alisa had broken up
with Stuart

a few days before,

and he was calling
and harassing her.

She was pretty upset.

I didn't take it
seriously enough,

and when I came home,

I saw what he had done
to her.

This may be the part
that sounds offensive,

but can you think
of anybody else

who may have wanted
to harm your daughter

or your wife?

Mr. Berluti, I understand.

As a parent, Mary Donovan
will do anything

to prevent
her son's execution.

But you tell her for me--

and as a parent,
she should understand

that I won't feel any peace

until the person who raped
and murdered my daughter

is put to death,

and you can tell her
I'll see her soon

because I plan to be there.

I plan to be there
for his final breath,

just like he was for my wife
and daughter's.

I understand
you want closure, sir,

but if he didn't do it...

when they execute him,
that's it.

They got the real killer,
Mr. Berluti.

I don't want her
testifying.

Mr. Turner...

it's not hard
to get her confused, Rebecca.

They're just going to--

the judge has made it clear
he needs to hear from her.

I'll try my best to protect her,
but she has to testify.

Why don't you two
stop your fussing?

He's not going to hurt me
with everybody watching.

Frank is just
a big coward

when you
come right down to it.

Who's Frank?

Her first husband.

Frank is not going
to be there, Gertie.

Oh. Well, then why
are we all so worried?

Claire is going to be in there
with her lawyer,

saying that you and I
shouldn't be married.

Married?

Well,
I suspect Frank

will have something
to say about that.

Frank is dead.

You remember that.

Oh, yes...

just as well.

Who are you?

I represent
Stuart Donovan,

the man who is about to be
executed on your testimony.

Don't be laying that on me.
Other folks testified.

But your testimony
was especially powerful.

You said
that he confessed to you.

He did.

Really?
Why would he do that?

Had an attack of conscience,
I guess.

Seems to happen a lot
around you, doesn't it?

Back in 1988, you were arrested
for robbing a liquor store.

Then you testified
that Stuart Donovan confessed,

and you got
a reduced sentence.

Then arrested again in '91
and '93 on other charges--

both times you became a snitch
on jailhouse confessions

and both times you got
a reduced sentence.

People open up to me.

Stuart Donovan
is about to be executed.

Do you really want that
on your conscience?

You are a burglar
and an armed robber,

but you have never
killed anyone.

Don't start
with Stuart Donovan.

What do you
want from me?

A statement saying
that you lied--

that he never confessed.

The statute of limitations
has run on perjury.

You won't
have to worry about that.

I'll do it...

if you get me
a bring-down to county--

Curran-Frumhold
facility.

I don't know
how I can do that.

Then we got nothing
to talk about.

Earl,
a man is about to die.

No bring-down,
no statement.

(knocks on door)

the question we have,
Mrs. Turner,

is whether you fully appreciated
what you were doing

when you took this man
for your husband.

The question you have
is whether I'm nuts.

I can
fully appreciate that.

I need some straight answers,
ma'am.

Why do I
owe anybody anything?

I didn't
see anybody here

coming to visit me
in that hole.

All you people
care so much--

where were you?

Where were you,
Claire?

Please don't address
your daughter, ma'am.

Arthur is the only one
who wants to take care of me.

He's the only one
who loves me. Frank didn't.

Who is Frank?

He's dead,
that's who he is.

Frank was her first husband.

Bang on the head,
he's dead.

Arthur's idea
to say he fell.

JUDGE: Excuse me?

You wouldn't stop him.

(crying)

the man beat on me.

Gertie!

Bang on the head,
he's dead.

Oh, my god.

Your honor, could we take
a short recess?

No, actually.

Mrs. Turner, Frank--
your first husband--

how did he die?

He fell.

He fell.

A second ago
you were suggesting

that Arthur
hit him on the head.

That's what happened.

He fell after Arthur
hit him on the head.

Arthur is the only one
who loves me.

And he killed
your first husband?

You can't force me...

to testify against him.

He's my husband now.

I don't
have to say a word...

right, honey?

Well,
I hope you're happy.

What?

That double Lujack--
that annulment thing--

turns out sweet Arthur
is a murderer.

Excuse me?

Well, it seems Arthur
whacked her first husband

with a 2x4
and married her,

maybe so, she could avail
herself of spousal privilege

and wouldn't
have to testify.
What?

It doesn't all make sense.

The guy was killed 15 years ago.
Why get married now?

Anyway, the judge
annulled the marriage

and referred the matter
to Helen Gamble.

You're helping me on this Bobby.
You Lujacked me into a murder.

I Lujacked to Lindsay.

Fine.
Then you can both help me.

It was a terrible thing.

Did you see Stuart Donovan
that night?

No. I was in Florida
visiting my folks that month.

A month--
you were away a whole month?

Mr. Young, my husband
was a drunk back then.

There's no mystery here.

The reason we got divorced
is because I got tired

of seeing him passed out
every night at 9:00.

He slept in that chair there
for six straight years.

9:00? He said he saw Stuart
between 11:30 and 12:00.

Yeah, well...

well what?

I wasn't here, Mr. Young.
I was in Florida.

Mrs. Bresler, I'm not
going after your ex-husband.

I got a guy looking at death
in two weeks

for a crime
he didn't commit.

He confessed.

No, he didn't.

Is it possible

your ex-husband was lying
about that 11:30 business?

I don't think
he would lie.

But?

There was a "but"
in your tone.

He could've believed
it was 11:30

when it
may have been 9:00.

By that time, he would've been
12 sheets to the wind.

Why didn't you tell this
to the police?

I did.

LUCY: Get this--
turns out Johnny Carson

had a prime-time special
on that night.

This guy might have thought
it was 11:30

when he saw Johnny Carson on,
but it was really only 9:00.

So, we got a bogus eyewitness
on top of a bogus informant.

So, what happens?

They have to order
a new trial now, don't they?

ELLENOR: No way.

How can they not--

Mary, I haven't solved
the confession thing yet.

He only recants if I get him
transferred to county jail,

and I haven't a clue
as to how to pull that off.

All we have to do
is get him into court.

What do you mean?

The Curran-Frumhold
facility

is used as a lockup
for the common pleas court.

If he could get into court
on anything,

that's where
they'll hold him.

BOBBY: It was referred
to Helen?

And she wants
to talk to them.

Not a chance.

She implied she might file
charges if they don't talk.

Let her.
It was 15 years ago.

She's going to make murder
on the testimony of a witness

with Alzheimer's for
a 15-year-old crime? Good luck.

Well, even so,
if we can spare them

from being put
through a trial...
This can't get prosecuted.

Don't be so sure.

Helen,
thanks for calling first.

You're not
talking to them.

Bobby, we already have
her recorded testimony.

Oh, right, you'll be sure
to get a guilty with that.

Evidently the dead husband
used to abuse her.

And that means
Arthur killed him?

Rebecca,
she said he did.

Because she has
Alzheimer's.

And because it's probably true.
Let me just talk to them.

No way.

Then he'll
probably get charged.

Well, we're not letting you
speak to them.

Please don't make me prosecute
a 76-year-old man.

You're not
talking to them.

He's in
the conference room.

You got to be kidding.

If I can't
ask her questions here,

I will just do it
at a P. C. hearing.

REBECCA: Bobby--

No.

Okay, let's go.

ARTHUR:
What's going on?

Don't say anything, Arthur.
They're arresting you.

We'll take care of it.

Arresting me?

I'm going to go
to the precinct with you.

Lindsay and Bobby--
they'll look after Gertrude.

Where are they taking him?

I'm all right, Gertie.
Don't you worry.

MAN: you have the right
to remain silent.

Anything you say can and will
be used against you

in a court of law.

You have the right
to an attorney.

If you cannot afford one...

(sobbing)

EARL: What do you mean
new lawyer?

A private
defense attorney.

What are you
talking about?

I'm trying to get you to county,
and this is how it works.

Your new private attorney
will go in asking the state

to pay your legal fees.

The court is going to want to
know what's wrong with your P. D.

and to get the answer, they're
going to need to hear from you,

and for that,
you've got to be there.

You'll be transported
to the Curran-Frumhold facility

to be available for your
evidentiary presentation.

Then after the hearing
you'll be brought back here.

This only happens
if you give me the statement.

I will.

Well, I need it now.

Well,
you don't get it now--

not till after
I go to Curran.

This could take some time.
Stuart Donovan--

Well, you know what?

I suggest you speed it up
'cause I ain't

giving you the statement
till after I go to Curran.

JIMMY: That's bad.

The soonest we can get
Earl to Curran is 10 days.

If we wait that long
and we strike out,

that leaves us
with just four days.

We can't risk that.

Let's still go in tomorrow.

With what?

Well, we've got
the ex-wife's affidavit

on the witness's drinking.

We've possible prosecutorial
misconduct there as well.

You can also represent
as an officer of the court

that Taylor is prepared
to recant on the confession.

That's got to be enough

to at least get an order
for a DNA test.

I would like to go in
with more than that.

You feel guaranteed you'll
get that statement from Taylor?

Guaranteed from that guy?
Hardly.

Then we can't waste 10 days
banking on him.

Let's go in tomorrow
with what we've got.

Okay. Let's do it.

I don't know
about a conviction,

but beating
probable cause--

that's a very low
threshold.

She just gets confused
about things.

Well, what was she
confused about?

She said you hit him
on the head.

Did that
come out of nowhere?

Yes. The man fell.

They'll probably call her
to the stand.

No.

This is a criminal proceeding.
I can't--

I don't want her
put in the witness chair again.

We need
to protect her.

Are you looking
to protect her or yourself?

You think I'm a murderer now,
Ms. Washington?

I don't really know you,
Mr. Turner.

You don't strike me
as being anything but gentle,

but as your lawyer,
let me tell you,

they already have
a recorded testimony

from the annulment
proceeding.

They could probably satisfy
probable cause with that.

But they couldn't
convict on it, right?

If you're
to avoid a trial,

the best thing

is for Gertrude to testify
at probable cause

and say you didn't do
what she said you did--

that she was confused.

I don't
want her testifying.

I don't think
you have a choice.

Stuart Donovan versus
the state of Pennsylvania.

We'll hear
from the petitioner

May it please the court.

My name is Eleanor Frutt,

and I am joined
by my colleagues

Eugene Young
and James Berluti.

We are here representing
Stuart Donovan

and his petition to get
a court-ordered DNA test,

which test
would likely exonerate him

of the crime for which
he has been convicted,

which conviction

has him scheduled for death by
lethal injection in 14 days.

In order
for us to prevail,

we must show by clear
and convincing evidence

that it would be
unreasonable for a jury

to have found my client guilty
under the evidence.

Before we get to that,
you must also show that

your client's constitutional
rights were violated.

I believe we can make
that showing, your honor.

One of the key eyewitnesses
in the case

suffered from a very serious
drinking problem.

That's exculpatory evidence

the state failed
to turn over to the defense.

This drinking problem
was relevant?

We believe it was,
your honor, since the events

he claimed to have witnessed
occurred at a time of night

when his capacity
for observation

was routinely undermined
by his inebriated--

he was drunk on the night
in question?

According to his ex-wife,
whose affidavit is attached

to our memorandum
as exhibit "D,"

she said her husband was
habitually drunk every night--

can she verify that he was
intoxicated on this night?

She wasn't there,
but she's basing--
Thank you.

You can verify
that the prosecution

knew of his
drinking problem?

Yes. Mrs. Bresler told
the police that her husband

was typically passed out
by 9:00 every night

and that he was quite possibly
confused as to the time

he said he saw
my client's car pull up.

This was never
brought to the attention

of the defense,
and, accordingly,

Mr. Bresler was never
cross-examined on it.

Wasn't the defense free
to discover all this?

The fact that the defense
was free to discover it

does not absolve
the state's obligation

to turn over
all exculpatory evidence.

Here they didn't.

All right, counsel,

but we also have
a confession in this case.

That confession was
tainted, your honor.

I spoke to Earl Taylor,

the jailhouse informant
who secured that confession,

and he indicated to me that
that statement was false.

He also conveyed his
willingness to recant it,

as you can see
from my affidavit,

exhibit "F."

that means we have
a false confession

backed up
by very questionable

eyewitness testimony,

and these two pieces
of evidence represent

the prosecution's case
in its entirety--

a lie
from a jailhouse snitch

and the observations
of an intoxicated alcoholic.

That's it.

Plus a blood match.

Well, do we?
That's why we're here--

to seek confirmation
of the blood match.

There was no DNA technology
12 years ago,

but we now have the ability
to run a dispositive test,

and that's what
we're asking for.

Stuart Donovan
is scheduled for death.

We're asking for a test
that would take only hours

to see if we are
about to execute

the right man.

We are not petitioning
that you set him free.

We are not asking
for a new trial.

Just one little test.

(horn blows)

You said yesterday

that Arthur had hit
your late husband

over the head.

At least
you implied that.

Is that what happened?

I take
the fifth commandment.

You can't take
a commandment

in here, ma'am.

My client has asserted
her fifth amendment rights.

She's not being charged
with anything.

Doesn't matter. She's allowed
to assert fifth amendment rights

when there's the prospect
of criminal charges.

The commonwealth
has no intention--

She was there at the time
of the accident.

Possible accessory charges.

Your honor,
I'd ask the court

to grant
the witness immunity.

She doesn't want immunity.

Your honor,
this is hard enough.

I agree.
Counsels, take your seats.

Mrs. Turner,
I'm granting you

full immunity
against prosecution,

which means
you won't be arrested

for anything you say here.

I want you to answer
Ms. Gamble's questions.

Don't do it, Gertie.

Mr. Turner--

He's my husband.
I don't have to testify.

No, your marriage
was annulled.

All right.

Counsel and the witness
in chambers, please.

Mrs. Stevens, you too.

Whether or not a witness
had a drinking problem

is a collateral issue,

certainly not one
which would call for--

Why didn't you tell
the defense about it?

I'm not sure we didn't,
but assuming we didn't,

that goes
to impeachment only.

It wasn't evidence.

Moreover, knowing
of Mr. Bresler's problem,

a reasonable jury still could
have chosen to believe him.

What about
the confession?

The state stands
by the confession.

Defense is now trying to bribe
the informant into recanting

the statement he gave--

I object to that.

May it
please the court,

Mr. Taylor contacted
our office and informed us

of Ms. Frutt's attempts.

We outfitted him
with a wire.

She promised to try
to get him transferred

to a county facility
in exchange

for him recanting
the statement concerning

Mr. Donovan's confession.
If you please...

ELLENOR'S VOICE:
and this is how it works--

your new private attorney
will go in asking the state

to pay your legal fees.

The court's going to
want to know

what's wrong with your P. D.,
and to get the answer,

they're going to need
to hear from you,

and for that,
you've got to be there.

You'll be transported
to the Curran-Frumhold facility

to be available for
your evidentiary presentation,

and then after the hearing,
you'll be brought back here.

May I respond to that,
your honor?

I would hope
you would.

Yes, I offered
to help the informant

in exchange for him
telling the truth.

Just as the prosecution

was free to play ball
with him,

offering him
a reduced prison term

in exchange
for his testimony,

so, too, am I free
to make a deal.

I was not
suborning perjury.

Are you suggesting
I was?

All I am suggesting is that
Mr. Taylor is a liar.

And better that
he lie for you?

This informant is
a professional witness.

He has gotten three
of his own sentences

cut down by getting
three different confessions.

Who's kidding who here?

All right.

I would remind the court

we are not asking you
to stay an execution.

We are not asking
for a mistrial or a new trial.

We are not begging you
to commute a sentence

or to show leniency,
just a test,

one that will
tell us the truth.

And given
the incredibly sketchy evidence

that's the basis
of his conviction,

how can any system
that purports to offer

even an appearance
of being about the truth

not say yes?

The state lost the rape kit.
They lost it.

They didn't even bother
to look for it.

We hunted for it,
we dug it out, we found it,

and now all we're asking
is that you test it.

That isn't much.

It's certainly a lot less work
than executing a man.

I know you love Arthur,

but, ma'am,
I'm sure you loved

your late husband
Frank, too, didn't you?

Oh, god, no.

He hit me, Frank did.

I was glad he died,
truth be told.

Okay.

Did Arthur kill him?

Can you take us
back to that day?

I don't want
to go back to that day.

We need you to.

Frank was at me,
like every day,

yelling this and that.

I told him before,

"you take your hand
to me again..."

And he did,

right across my face,
like so many times before.

And I...

saw it there.

(suspenseful music)

You saw what?

The board,

laying on the counter.

I just picked it up.

You picked it up?

Yes, I did.

I told him,

"you take
your hand to me..."

I-I didn't mean
to kill him,

just swat him down.

You hit your husband?

Arthur came in and said
we should say he fell.

Mom.

I'm sorry, Claire.

I killed your daddy.

Why did you say
Arthur did it?

Sometimes I think he did.

I-I get confused.

I think...

"how could I have..."

(crying)

but I did.

I did.

She says she killed him.

Did she?

I don't understand.

She started
talking about it.

I had to get her
out of that home

before she got herself
into trouble.

Th--

that's why you married her,

to get her out
before she said too much?

That, and I love her.

What are they
going to do to her?

Nothing.

She's got immunity,
remember?

So, what happens?

Well, you're free to go.

You can take her home
if you want.

Where is she?

(indistinct chatter)

Gertie.

They got me to tell.

That's okay
sweetheart.

But, you didn't
want me to tell.

It's okay.

I'm going to take you home,
sweetheart.

You're not mad at me?

Hey, I love you.

(kisses)

Come on,
let's go home.

CLERK: Be seated.

It is the opinion of this court

that Stuart Donovan's
constitutional rights

were violated by
the district attorney's failure

to provide defense counsel
with the information

concerning Mr. Bresler's
drinking problems.

Certainly,
armed with this information,

a jury might have been
more inclined

to disbelieve
this material witness.

As for
the informant's statement

concerning Mr. Donovan's
confession,

that, too,
is certainly in doubt.

The standard
for this court, however,

is whether
a reasonable jury

could have found
the defendant guilty.

While we feel the jury
in this case,

given all
this new information,

quite likely
would have returned

with a verdict
of not guilty,

we are not persuaded that
they could not have

reasonably returned
with a guilty just the same.

The petitioner's request
for a DNA test

is therefore denied.

We are adjourned.

(bangs gavel)

Let's go!

(crying)

(music playing)

You stinker!