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Previously on"The Practice"...
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When we ask,
"Did your sister seem suicidal?"
3
00:00:04,505 --> 00:00:07,574
A response of "I didn't
think so" isn't going to do it.
4
00:00:07,608 --> 00:00:10,176
She was murdered.
If you know it,
5
00:00:10,210 --> 00:00:14,447
she did not commit suicide.
You absolutely know it.
6
00:00:14,480 --> 00:00:15,782
She said that if she
turned up missing,
7
00:00:15,816 --> 00:00:17,584
that I should call the police
8
00:00:17,618 --> 00:00:20,086
because Scott probably
did something to her.
9
00:00:20,120 --> 00:00:21,522
BOBBY: Objection.
10
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You want me to sign this--
An affidavit saying
11
00:00:23,223 --> 00:00:24,791
I coached a witness to lie?
12
00:00:24,825 --> 00:00:28,061
He made that stuff up
about his sister being afraid.
13
00:00:28,094 --> 00:00:29,663
Helen, I told him
14
00:00:29,696 --> 00:00:31,331
what his testimony
needed to accomplish.
15
00:00:31,364 --> 00:00:33,099
I never said lie.
16
00:00:33,133 --> 00:00:35,101
I'm convinced that
Kyle Barrett lied on the stand
17
00:00:35,135 --> 00:00:37,838
after being coached
by the prosecution.
18
00:00:37,871 --> 00:00:40,607
I don't think Mr. Bay
crossed the line.
19
00:00:40,641 --> 00:00:43,710
I see no evidence
that he solicited perjury.
20
00:00:43,744 --> 00:00:46,279
The conviction,
therefore, stands.
21
00:00:48,148 --> 00:00:50,851
This thing was built
to bring children joy,
22
00:00:50,884 --> 00:00:52,218
and it's toxic.
23
00:00:52,252 --> 00:00:53,854
We have consistently found
24
00:00:53,887 --> 00:00:56,156
that it does not pose
an unreasonable risk
25
00:00:56,189 --> 00:00:58,725
to either children or adults.
26
00:00:58,759 --> 00:01:01,562
I have a boy
whose body convulses
27
00:01:01,595 --> 00:01:04,164
and a daughter
who keeps falling down
28
00:01:04,197 --> 00:01:05,666
and a son who can't read,
29
00:01:05,699 --> 00:01:07,400
and you people have known
for 30 years.
30
00:01:07,433 --> 00:01:09,570
We find in favor
of the plaintiff
31
00:01:09,603 --> 00:01:12,172
and order the defendant
to pay damages
32
00:01:12,205 --> 00:01:16,176
in the amount
of $72 million.
33
00:01:16,209 --> 00:01:18,178
I'm granting defense's motion
to remit.
34
00:01:18,211 --> 00:01:20,881
The knockdown number
is $135,000 per child.
35
00:01:20,914 --> 00:01:22,816
That's less than they offered.
36
00:01:22,849 --> 00:01:25,218
I don't care. Your case
was pure speculation, Counsel.
37
00:01:25,251 --> 00:01:27,253
We have a right
to a new trial.
38
00:01:27,287 --> 00:01:28,889
If you take a new trial,
39
00:01:28,922 --> 00:01:32,292
you'll be right back before me,
Ms. Frutt, and if you do win,
40
00:01:32,325 --> 00:01:35,195
I might remit
the next knockdown to $75,000.
41
00:01:35,228 --> 00:01:37,397
I'm going to get him.
42
00:01:37,430 --> 00:01:42,135
That judge--
I'm going to get him.
43
00:01:42,168 --> 00:01:43,870
Sixty bucks.
That's something.
44
00:01:43,904 --> 00:01:45,506
-You don't have to do that--
-No, take it.
45
00:01:45,539 --> 00:01:46,873
You pay me back
when you get it.
46
00:01:46,907 --> 00:01:49,142
Listen, Jennifer,
you're a smart girl,
47
00:01:49,175 --> 00:01:50,711
a good girl.
48
00:01:50,744 --> 00:01:52,713
I can judge character.
49
00:01:52,746 --> 00:01:54,581
Don't be doing this.
50
00:01:54,615 --> 00:01:56,149
Thank you.
51
00:01:56,182 --> 00:01:58,552
Go. Wipe that stuff
off your face.
52
00:01:58,585 --> 00:01:59,920
I will pay you back.
53
00:01:59,953 --> 00:02:02,255
Yeah, well, in the meantime,
54
00:02:02,288 --> 00:02:03,557
get a paper route
or something.
55
00:02:03,590 --> 00:02:05,225
Don't be doing this.
56
00:02:26,346 --> 00:02:27,914
Jimmy.
57
00:02:27,948 --> 00:02:31,184
You're having a kid?
You didn't tell me that.
58
00:02:31,217 --> 00:02:33,253
I didn't want you
to get mad.
59
00:02:33,286 --> 00:02:35,255
How could you
still be doing drugs?
60
00:02:35,288 --> 00:02:37,624
It was just this one time.
61
00:02:37,658 --> 00:02:39,292
Billy left me.
62
00:02:39,325 --> 00:02:41,361
He left me like this.
I just--
63
00:02:41,394 --> 00:02:42,929
What about rehab?
64
00:02:42,963 --> 00:02:44,798
I called that number
that you gave me,
65
00:02:44,831 --> 00:02:47,968
but they said that I couldn't
interview for two weeks,
66
00:02:48,001 --> 00:02:49,736
and then I lost the number.
67
00:02:49,770 --> 00:02:51,371
How far along are you?
68
00:02:54,541 --> 00:02:56,409
Eight months.
69
00:03:06,419 --> 00:03:08,555
Can't you get me out?
70
00:03:13,827 --> 00:03:16,329
Jimmy.
71
00:03:16,362 --> 00:03:19,465
You're smoking crack
with an eight-month baby.
72
00:03:19,499 --> 00:03:21,968
-It was just once, I swear.
-No, it wasn't.
73
00:03:22,002 --> 00:03:23,704
Jimmy, I'll do the rehab.
74
00:03:23,737 --> 00:03:26,507
I'll do anything
that you want me to do.
75
00:03:26,540 --> 00:03:27,841
Please, just get me out.
76
00:03:36,349 --> 00:03:37,684
If I get you out,
77
00:03:37,718 --> 00:03:39,686
and I'm not saying I can--
78
00:03:39,720 --> 00:03:43,657
But if I do, you go
into rehab immediately,
79
00:03:43,690 --> 00:03:46,459
straight from the courthouse.
80
00:03:46,492 --> 00:03:48,328
I promise.
81
00:03:55,401 --> 00:03:57,437
Tell me about the arrest.
82
00:04:00,541 --> 00:04:01,908
♪ (theme)
83
00:04:53,493 --> 00:04:55,862
Okay, everyone,
let's get started.
84
00:04:55,896 --> 00:04:57,764
Did somebody make it official
that you're in charge?
85
00:04:57,798 --> 00:05:00,100
Brains, beauty, and character.
Don't knock it.
86
00:05:00,133 --> 00:05:01,868
Okay, let's go. Jimmy.
87
00:05:01,902 --> 00:05:04,104
Jennifer Cole--
Possession of crack cocaine.
88
00:05:04,137 --> 00:05:05,572
Again?
89
00:05:05,606 --> 00:05:07,941
I got a motion
to kick at nine.
90
00:05:07,974 --> 00:05:09,710
She's eight months pregnant.
91
00:05:09,743 --> 00:05:12,779
What? And she's smoking crack?
92
00:05:12,813 --> 00:05:14,981
Believe me, I tore
into her already.
93
00:05:15,015 --> 00:05:16,883
She better hope
her baby doesn't die.
94
00:05:16,917 --> 00:05:18,885
She could be
charged with murder.
Did you tell her that?
95
00:05:18,919 --> 00:05:21,855
I'm not positive I did,
but I will. Thank you, Lindsay.
96
00:05:21,888 --> 00:05:24,390
She should be shot.
97
00:05:24,424 --> 00:05:25,692
All right, Bec,
how's the research coming?
98
00:05:25,726 --> 00:05:27,460
Okay.
99
00:05:27,493 --> 00:05:28,762
Can you give me something
more to go on than "okay"?
100
00:05:28,795 --> 00:05:30,430
I'm seeing Scott Wallace later.
101
00:05:30,463 --> 00:05:33,466
Sure. We can argue
reversible error
102
00:05:33,499 --> 00:05:35,802
when Judge Wolfe didn't have
an evidentiary hearing
103
00:05:35,836 --> 00:05:37,804
on whether Richard Bay
suborned perjury.
104
00:05:37,838 --> 00:05:39,640
Now, since we have
Helen Gamble with us,
105
00:05:39,673 --> 00:05:43,009
-I think that's our best shot.
-What else?
106
00:05:43,043 --> 00:05:44,811
Well, the neighbor's testimony
that he heard lots of fights
107
00:05:44,845 --> 00:05:46,613
between Scott Wallace
and his wife--
108
00:05:46,647 --> 00:05:48,414
Prior bad conduct,
inadmissible.
109
00:05:48,448 --> 00:05:50,016
We could argue
reversible error there, too.
110
00:05:50,050 --> 00:05:52,886
All right. Lucy, keep dogging
the clerk's office.
111
00:05:52,919 --> 00:05:55,488
Ellenor, jump in with Rebecca
on the brief.
112
00:05:55,522 --> 00:05:57,891
I can't, actually.
I'm a little jammed.
113
00:05:57,924 --> 00:05:59,893
Not on my calendar,
you're not.
114
00:05:59,926 --> 00:06:02,495
I have an appointment
with the chief judge
115
00:06:02,529 --> 00:06:04,397
of the district court today.
116
00:06:04,430 --> 00:06:05,465
About what?
117
00:06:05,498 --> 00:06:07,000
Judge Aldrich.
118
00:06:07,033 --> 00:06:10,003
I didn't know.
119
00:06:10,036 --> 00:06:11,905
I'm keeping you
out of it, since--
120
00:06:11,938 --> 00:06:13,907
Ellenor, we can't afford
to be alienating--
121
00:06:13,940 --> 00:06:15,475
It's one meeting.
122
00:06:15,509 --> 00:06:17,477
The appointment's made.
I'm doing it.
123
00:06:17,511 --> 00:06:19,913
Aldrich was out of line.
I'm not staying quiet.
124
00:06:19,946 --> 00:06:20,981
Forget it.
125
00:06:27,888 --> 00:06:30,490
I was observing
4323 South Holden Green.
126
00:06:30,524 --> 00:06:32,492
It's a known crack house.
127
00:06:32,526 --> 00:06:35,529
I witnessed Jennifer Cole
exiting.
128
00:06:35,562 --> 00:06:36,863
She was stumbling
and disoriented,
129
00:06:36,897 --> 00:06:38,699
her appearance consistent
130
00:06:38,732 --> 00:06:39,933
with being under
the influence of drugs.
131
00:06:39,966 --> 00:06:41,668
What did you do?
132
00:06:41,702 --> 00:06:43,670
I exited my vehicle,
approached the suspect,
133
00:06:43,704 --> 00:06:45,672
identified myself
as a police officer,
134
00:06:45,706 --> 00:06:47,674
and then engaged her
in conversation.
135
00:06:47,708 --> 00:06:50,443
Her behavior confirmed
my suspicion she was high.
136
00:06:50,476 --> 00:06:53,547
Could you describe
that behavior?
137
00:06:53,580 --> 00:06:56,449
She was sweating and jittery
and was slurring her speech.
138
00:06:56,482 --> 00:06:58,218
What did you do then,
Officer?
139
00:06:58,251 --> 00:07:00,621
I conducted a quick
pat-down search for weapons,
140
00:07:00,654 --> 00:07:03,557
and I could plainly feel
an object in her jacket pocket.
141
00:07:03,590 --> 00:07:04,991
It was immediately
apparent to me
142
00:07:05,025 --> 00:07:06,693
that the object was
a rock of crack cocaine.
143
00:07:06,727 --> 00:07:08,695
How did you know?
144
00:07:08,729 --> 00:07:10,230
Well, I've received
extensive training
145
00:07:10,263 --> 00:07:11,965
in recognizing crack.
146
00:07:11,998 --> 00:07:14,234
I felt a small object,
asymmetrical, rough edges--
147
00:07:14,267 --> 00:07:15,836
A rock of crack.
148
00:07:15,869 --> 00:07:17,571
Then what?
149
00:07:17,604 --> 00:07:19,973
Then I reached
inside the defendant's jacket
150
00:07:20,006 --> 00:07:21,975
and removed approximately
100 milligrams
151
00:07:22,008 --> 00:07:23,844
of what was determined
to be crack cocaine
152
00:07:23,877 --> 00:07:25,846
wrapped in paper.
153
00:07:25,879 --> 00:07:28,114
This rock of crack--
How big was it?
154
00:07:28,148 --> 00:07:29,916
About a half an inch
in diameter.
155
00:07:29,950 --> 00:07:32,252
So that's no bigger
than, what, an aspirin?
156
00:07:32,285 --> 00:07:34,588
About that size.
157
00:07:34,621 --> 00:07:37,824
And this tiny, little thing was,
as you put it, wrapped in paper?
158
00:07:37,858 --> 00:07:39,492
That's correct.
159
00:07:39,526 --> 00:07:40,861
In fact, it was
160
00:07:40,894 --> 00:07:42,596
inside a scrunched-up
brown paper bag, right?
161
00:07:42,629 --> 00:07:43,597
Yes.
162
00:07:43,630 --> 00:07:45,031
And the bag was
163
00:07:45,065 --> 00:07:47,033
inside her jacket--
A big winter overcoat, in fact?
164
00:07:47,067 --> 00:07:49,202
I don't recall exactly.
165
00:07:49,235 --> 00:07:50,937
Officer, I'm showing you
166
00:07:50,971 --> 00:07:52,806
what's been admitted
as people's three.
167
00:07:52,839 --> 00:07:54,841
This the jacket
miss Cole was wearing?
168
00:07:54,875 --> 00:07:56,276
Looks like it, yeah.
169
00:07:56,309 --> 00:07:59,045
So, you do this one pat
of Ms. Cole's body.
170
00:07:59,079 --> 00:08:01,114
Through this
thick down overcoat
171
00:08:01,147 --> 00:08:03,116
and through
a crumpled-up paper bag,
172
00:08:03,149 --> 00:08:04,951
you feel
this tiny, little lump,
173
00:08:04,985 --> 00:08:06,953
and you immediately know
it's crack cocaine?
174
00:08:06,987 --> 00:08:08,288
Yes.
175
00:08:08,321 --> 00:08:10,023
No way
it was jewelry, candy?
176
00:08:10,056 --> 00:08:11,625
No.
177
00:08:11,658 --> 00:08:13,627
All this
from just one pat?
178
00:08:13,660 --> 00:08:17,531
Yes. We received comprehensive
and extensive training--
179
00:08:17,564 --> 00:08:19,966
How many times have
you used these comprehensive
180
00:08:20,000 --> 00:08:21,802
and extensive
training techniques
181
00:08:21,835 --> 00:08:23,970
to frisk suspects
for crack cocaine, Officer?
182
00:08:24,004 --> 00:08:25,872
Probably 10 times.
183
00:08:25,906 --> 00:08:27,874
And how many arrests resulted
184
00:08:27,908 --> 00:08:30,677
from these comprehensively
trained pat-downs, Officer?
185
00:08:32,345 --> 00:08:34,648
Two or three.
186
00:08:34,681 --> 00:08:37,584
So the other eight people
you frisked were innocent?
187
00:08:40,754 --> 00:08:43,156
Nothing further, Your Honor.
188
00:08:43,189 --> 00:08:45,792
Ms. Alexander?
189
00:08:45,826 --> 00:08:48,328
The witness may step down.
190
00:08:48,361 --> 00:08:50,631
Does the commonwealth
have anything else?
191
00:08:50,664 --> 00:08:53,066
No, but I would like
to remind the court
192
00:08:53,099 --> 00:08:55,068
that in addition
to pat-downs
193
00:08:55,101 --> 00:08:56,803
being constitutionally
permissible,
194
00:08:56,837 --> 00:08:58,639
this woman
is eight months pregnant,
195
00:08:58,672 --> 00:09:00,641
and I would like to ask
the court
196
00:09:00,674 --> 00:09:02,275
to seriously consider
the consequences of--
197
00:09:02,308 --> 00:09:04,745
The charges against Ms. Cole
are dismissed without prejudice.
198
00:09:04,778 --> 00:09:09,149
You bring me some new evidence,
you can refile.
199
00:09:09,182 --> 00:09:11,685
Ms. Cole, you're free to go.
200
00:09:27,734 --> 00:09:29,169
I want to thank you,
Your Honor,
201
00:09:29,202 --> 00:09:30,704
for being gracious enough
to see me.
202
00:09:30,737 --> 00:09:32,706
Well, there was nothing
gracious about it.
203
00:09:32,739 --> 00:09:35,809
You somehow got my home number
and woke me from a deep sleep.
204
00:09:35,842 --> 00:09:39,245
I had no idea
what I was saying yes to.
205
00:09:39,279 --> 00:09:41,247
We were basically blackmailed,
Your Honor.
206
00:09:41,281 --> 00:09:44,751
Judge Aldrich told us
to accept
207
00:09:44,785 --> 00:09:47,287
the knockdown number
or else,
208
00:09:47,320 --> 00:09:49,355
and the "or else" being
that he would order a new trial,
209
00:09:49,389 --> 00:09:53,760
keep the case,
and steer us into defeat.
210
00:09:53,794 --> 00:09:57,397
You're talking about one
of my most respected colleagues.
211
00:09:57,430 --> 00:09:59,733
Who comitted gross abuse
of discretion.
212
00:09:59,766 --> 00:10:03,804
What he did did not respect you,
Your Honor or the court.
213
00:10:03,837 --> 00:10:05,305
It was blackmail.
214
00:10:05,338 --> 00:10:08,041
And I am not overstating it.
215
00:10:09,275 --> 00:10:11,377
You can substantiate this?
216
00:10:11,411 --> 00:10:14,247
Yes, my co-counsel
Lindsay Dole was present
217
00:10:14,280 --> 00:10:15,882
as was opposing counsel.
218
00:10:15,916 --> 00:10:17,317
(scoffs)
219
00:10:18,985 --> 00:10:20,821
If you thought the judge
was out of bounds,
220
00:10:20,854 --> 00:10:22,789
you should have asked
the court reporter to step in.
221
00:10:22,823 --> 00:10:24,891
He never would have said that
on the record.
222
00:10:24,925 --> 00:10:28,161
But you need a record in order
for me to act, Ms. Frutt.
223
00:10:28,194 --> 00:10:31,231
At minimum, you should
have appealed the reduction.
224
00:10:31,264 --> 00:10:35,068
Instead, you agreed
to the knockdown
and you took the money.
225
00:10:35,101 --> 00:10:37,170
My clients took it under duress.
226
00:10:37,203 --> 00:10:38,905
Well, that was a big mistake.
227
00:10:38,939 --> 00:10:40,774
And you made it.
228
00:10:40,807 --> 00:10:42,408
Maybe that's what's eating you.
229
00:10:42,442 --> 00:10:45,712
What's eating me is being
blackmailed by a judge.
230
00:10:45,746 --> 00:10:47,413
What he did was corrupt.
231
00:10:47,447 --> 00:10:51,117
I don't see that
on any appellate record.
232
00:10:55,355 --> 00:10:57,157
What would be my options?
233
00:10:58,725 --> 00:11:00,694
You could move for a new trial,
234
00:11:00,727 --> 00:11:03,329
request that Judge Aldrich
recuse himself.
235
00:11:03,363 --> 00:11:05,899
But Judge Aldrich would be
the one who would rule
236
00:11:05,932 --> 00:11:07,067
on those motions.
237
00:11:07,100 --> 00:11:08,468
Correct.
238
00:11:08,502 --> 00:11:11,137
Is there another option?
239
00:11:13,039 --> 00:11:14,841
You could file amotion with
the circuit court of appeals
240
00:11:14,875 --> 00:11:16,476
to have him removed for bias.
241
00:11:16,510 --> 00:11:19,312
That's what I want to do.
242
00:11:20,914 --> 00:11:23,750
It would be your word
against his.
243
00:11:23,784 --> 00:11:26,820
And these judges would be
federal circuit court judges.
244
00:11:26,853 --> 00:11:28,488
Do you understand?
245
00:11:28,522 --> 00:11:32,292
He doesn't just get
a jury of his peers here.
246
00:11:32,325 --> 00:11:34,194
He gets his friends.
247
00:11:34,227 --> 00:11:36,096
That's what I wanna do.
248
00:11:36,129 --> 00:11:40,266
I'd think long and hard
about that Ms. Frutt.
249
00:11:40,300 --> 00:11:43,269
Well, now it sounds like
you're threatening me.
250
00:11:43,303 --> 00:11:47,307
No, I'm giving you some advice.
251
00:11:49,543 --> 00:11:53,947
I want to file
a formal complaint.
252
00:12:07,293 --> 00:12:09,796
Richard, is this it?
We're never talking again?
253
00:12:09,830 --> 00:12:12,032
There's nothing really
to talk about, Helen.
254
00:12:12,065 --> 00:12:14,234
Would you at least
give me 20 seconds.
255
00:12:18,404 --> 00:12:20,340
I know this goes against
your fiber,
256
00:12:20,373 --> 00:12:23,977
but sometimes the people
we charge with crimes
are innocent.
257
00:12:24,010 --> 00:12:25,979
Scott Wallace is not innocent.
258
00:12:26,012 --> 00:12:28,081
My point being I think he is.
259
00:12:28,114 --> 00:12:30,917
I also believe a witness
lied after you coached him.
260
00:12:33,286 --> 00:12:34,555
Richard, we're officers
of the court.
261
00:12:34,588 --> 00:12:36,422
It has to mean something.
262
00:12:36,456 --> 00:12:38,024
I understand that, Helen.
263
00:12:38,058 --> 00:12:40,561
I also understood you
to be my friend,
264
00:12:40,594 --> 00:12:43,496
and you cut my legs out.
265
00:12:43,530 --> 00:12:45,566
You basically accused me
in open court
266
00:12:45,599 --> 00:12:47,568
of being dishonest.
267
00:12:47,601 --> 00:12:50,571
You're taking it
a little too personally.
268
00:12:50,604 --> 00:12:53,439
Let me tell you something,
Helen.
269
00:12:53,473 --> 00:12:55,141
I get called
a lot of things.
270
00:12:55,175 --> 00:12:57,410
The defense attorneys
call me The Midget.
271
00:12:57,443 --> 00:12:59,145
The judges call me
Little Napoleon.
272
00:12:59,179 --> 00:13:00,981
I take a lot of abuse,
273
00:13:01,014 --> 00:13:02,983
but I get through it every day
274
00:13:03,016 --> 00:13:04,851
because I also have a reputation
275
00:13:04,885 --> 00:13:06,853
for being good at what I do,
276
00:13:06,887 --> 00:13:09,856
and I have a reputation
for being an honest person.
277
00:13:09,890 --> 00:13:11,858
That reputation is dear to me,
278
00:13:11,892 --> 00:13:13,860
and when a colleague,
a friend,
279
00:13:13,894 --> 00:13:16,496
stands up and obliterates
that reputation,
280
00:13:16,530 --> 00:13:18,999
it's personal.
281
00:13:21,267 --> 00:13:23,236
Hey, Richard.
282
00:13:23,269 --> 00:13:25,806
Helen.
283
00:13:27,608 --> 00:13:29,242
Jimmy.
284
00:13:29,275 --> 00:13:32,145
Hey, I thought I could
drive you to the hospital.
285
00:13:32,178 --> 00:13:34,581
-Hospital?
-Rehab.
286
00:13:34,615 --> 00:13:37,350
I got you all set up.
You can do it outpatient.
287
00:13:37,383 --> 00:13:42,222
Well, I was going to go
see my aunt today.
288
00:13:42,255 --> 00:13:45,358
You can see her after,
Jennifer. You promised.
289
00:13:47,427 --> 00:13:48,595
Okay.
290
00:13:51,064 --> 00:13:53,066
-What's up?
-Mr. Berluti,
please step aside.
291
00:13:53,099 --> 00:13:55,035
Jennifer Cole,
you're under arrest.
292
00:13:55,068 --> 00:13:56,469
-Arrest?
-Hands behind your back.
293
00:13:56,503 --> 00:13:58,438
What the hell
is going on, Susan?
294
00:13:58,471 --> 00:14:00,607
Distribution of a controlled
substance to a minor.
295
00:14:00,641 --> 00:14:02,943
-Distribution?
-Distribution of what?
296
00:14:02,976 --> 00:14:04,244
Don't say anything.
What the hell are
you talking about?
297
00:14:04,277 --> 00:14:06,146
-Distributing to who?
-The baby.
298
00:14:06,179 --> 00:14:08,481
-My baby?
-You're smoking crack
for two now.
299
00:14:08,515 --> 00:14:10,951
What is she talking about?
What are you doing? Jimmy!
300
00:14:10,984 --> 00:14:12,886
-JENNIFER: Jimmy!
-You have the right
to remain silent.
301
00:14:12,919 --> 00:14:15,155
Anything you say can
and will be used against you
302
00:14:15,188 --> 00:14:17,157
in a court of law.
303
00:14:17,190 --> 00:14:19,259
You have the right
to talk to a lawyer
304
00:14:19,292 --> 00:14:22,095
and have him present with you
while you're being questioned.
305
00:14:29,503 --> 00:14:32,205
Just calm down
and hear me out.
306
00:14:32,238 --> 00:14:34,007
I won't hear you out.
This is so ridiculous.
307
00:14:34,040 --> 00:14:36,176
There's never been
a case made
308
00:14:36,209 --> 00:14:38,178
for distributing to a fetus,
and you know it.
309
00:14:38,211 --> 00:14:41,648
Just because it's never
been made before.
310
00:14:41,682 --> 00:14:43,383
She distributed cocaine
to her baby
311
00:14:43,416 --> 00:14:45,451
through her bloodstream.
312
00:14:45,485 --> 00:14:48,589
I'll be moving for sanctions
on this, and I'll get them.
313
00:14:48,622 --> 00:14:52,659
How sure are you she won't
use again, like tomorrow?
314
00:14:52,693 --> 00:14:55,495
She has a viable baby.
315
00:14:55,529 --> 00:14:59,332
If she hasn't done any damage
yet, she might the next time.
316
00:14:59,365 --> 00:15:01,301
I'm just looking
to get her off the street
317
00:15:01,334 --> 00:15:02,402
until the child is born.
318
00:15:02,435 --> 00:15:04,070
I got her in rehab.
319
00:15:04,104 --> 00:15:06,206
Yeah, voluntary, outpatient.
Come on.
320
00:15:06,239 --> 00:15:09,175
-You still can't arrest her.
-Technically, I can make
the case.
321
00:15:09,209 --> 00:15:10,677
-Read the statute, Jimmy.
-You're deluding yourself.
322
00:15:10,711 --> 00:15:12,412
There's no way
you can win this, Susan.
323
00:15:12,445 --> 00:15:13,980
-It could be blood to blood.
-You can't win.
324
00:15:14,014 --> 00:15:16,116
I can if you don't fight me.
325
00:15:21,387 --> 00:15:23,957
You're asking me
to conspire with you
326
00:15:23,990 --> 00:15:26,492
to keep her in jail?
327
00:15:26,527 --> 00:15:30,496
One month until the baby
is born.
328
00:15:35,602 --> 00:15:37,571
I know you care
for this woman.
329
00:15:37,604 --> 00:15:40,507
I do, and I'm telling you,
she'll go crazy inside.
330
00:15:40,541 --> 00:15:42,643
She needs help, not jail.
331
00:15:42,676 --> 00:15:44,978
This is the only way
she's going to get help.
332
00:15:45,011 --> 00:15:47,313
If she walks, it'll be straight
to the local crack house.
333
00:15:47,347 --> 00:15:49,516
We don't know that.
334
00:15:49,550 --> 00:15:52,118
Do you know what crack
does to a baby?
335
00:15:52,152 --> 00:15:54,521
It cuts off the blood flow,
oxygen, nutrients,
336
00:15:54,555 --> 00:15:58,144
seizures, heart attacks,
brain damage.
337
00:16:00,761 --> 00:16:03,063
Let's plead this out.
338
00:16:03,096 --> 00:16:05,532
In-patient rehab
No jail.
339
00:16:09,135 --> 00:16:12,072
You're asking me to cop
to a bogus charge.
340
00:16:12,105 --> 00:16:14,440
I'm asking you to consider.
341
00:16:14,474 --> 00:16:17,511
You really have
two clients here.
342
00:16:17,544 --> 00:16:20,380
Susan...
343
00:16:20,413 --> 00:16:22,415
If she gets out,
she'll O. D., miscarry.
344
00:16:22,448 --> 00:16:24,017
Who knows what
will happen?
345
00:16:24,050 --> 00:16:25,686
She trusts you,
and you can help her.
346
00:16:35,495 --> 00:16:38,464
It's a complete long shot.
This is a very popular judge,
347
00:16:38,498 --> 00:16:40,734
and the other judges aren't
likely to sanction him.
348
00:16:40,767 --> 00:16:43,036
What about the settlement
that we agreed to?
349
00:16:43,069 --> 00:16:45,706
Well, if we undo it,
hopefully, we can get you more.
350
00:16:45,739 --> 00:16:47,674
In defeat,
you keep what you have.
351
00:16:47,708 --> 00:16:49,810
So what happens?
352
00:16:49,843 --> 00:16:51,512
Well, we have a hearing
scheduled for tomorrow at 3:30.
353
00:16:51,545 --> 00:16:53,614
There's nothing to lose.
354
00:16:53,647 --> 00:16:56,282
-Okay.
-Okay.
355
00:16:58,218 --> 00:17:01,722
You filed a formal motion
against Aldrich?
356
00:17:01,755 --> 00:17:03,790
What's the problem?
357
00:17:03,824 --> 00:17:06,192
The problem, Ellenor, is this
is not something attorneys do.
358
00:17:06,226 --> 00:17:08,261
Why? Because the federal court
is like a club
359
00:17:08,294 --> 00:17:10,263
as far as judges go.
360
00:17:10,296 --> 00:17:12,265
They have tenure.
They stick together,
361
00:17:12,298 --> 00:17:14,635
and the only thing
that will come out of this
362
00:17:14,668 --> 00:17:17,103
is this firm will be
retaliated against.
363
00:17:17,137 --> 00:17:19,105
Oh, please.
What can they do to us?
364
00:17:19,139 --> 00:17:21,107
What can they do to us?
365
00:17:21,141 --> 00:17:22,609
You just saw firsthand
what they can do.
366
00:17:22,643 --> 00:17:25,145
They can cut damage awards,
overturn verdicts,
367
00:17:25,178 --> 00:17:27,113
give lousy instructions,
deny bail, cut fees.
368
00:17:27,147 --> 00:17:29,115
What can't they do?
369
00:17:29,149 --> 00:17:31,484
Not to mention they could
put all our cases
370
00:17:31,518 --> 00:17:33,486
at the bottom of the docket,
371
00:17:33,520 --> 00:17:35,488
and we'd never even
get to trial.
372
00:17:35,522 --> 00:17:37,524
What you're doing here
could hurt all our clients.
373
00:17:37,558 --> 00:17:40,326
At a minimum this should've
been the subject
374
00:17:40,360 --> 00:17:42,228
of a partnership meeting.
375
00:17:42,262 --> 00:17:43,764
Well, I've had bad experiences
with partnership meetings.
376
00:17:43,797 --> 00:17:46,299
Snide isn't what
I was looking for.
377
00:17:46,332 --> 00:17:48,301
Bobby, I have a plan, okay?
378
00:17:48,334 --> 00:17:50,571
I was hoping to avoid
the hearing against Aldrich.
379
00:17:50,604 --> 00:17:51,772
How?
380
00:17:51,805 --> 00:17:53,339
I have a meeting scheduled
381
00:17:53,373 --> 00:17:54,474
with the lawyers
for the E. P. A.
382
00:17:54,508 --> 00:17:55,709
I think with just
the threat
383
00:17:55,742 --> 00:17:57,410
of the knockdown number
being thrown out,
384
00:17:57,443 --> 00:17:59,179
I can chip the number up
a little.
385
00:17:59,212 --> 00:18:00,581
Somehow I don't believe
386
00:18:00,614 --> 00:18:04,217
this is about chipping up
a number.
387
00:18:04,250 --> 00:18:06,252
I am only trying
to help the client.
388
00:18:06,286 --> 00:18:09,255
This is not about vengeance.
389
00:18:13,159 --> 00:18:14,861
I don't understand.
390
00:18:14,895 --> 00:18:17,163
You plead guilty
to distribution.
391
00:18:17,197 --> 00:18:19,566
They'll recommend
straight probation for a year.
392
00:18:19,600 --> 00:18:21,167
Probation?
393
00:18:21,201 --> 00:18:22,736
So long as you get
residential treatment.
394
00:18:22,769 --> 00:18:24,705
I hate those places, Jimmy--
395
00:18:24,738 --> 00:18:26,272
All those freaky junkies
and weirdos.
396
00:18:26,306 --> 00:18:27,741
It'd be like poison
for the baby.
397
00:18:27,774 --> 00:18:30,376
You need help, Jennifer.
You've got an addiction.
398
00:18:30,410 --> 00:18:33,146
I do not!
I can stop whenever!
399
00:18:33,179 --> 00:18:35,148
Then why haven't you?
400
00:18:35,181 --> 00:18:37,150
Eight months pregnant--
Why the hell haven't you?
401
00:18:43,189 --> 00:18:45,425
I'll go to my aunt's house.
402
00:18:45,458 --> 00:18:49,229
There's this little room.
It's like the perfect size.
403
00:18:49,262 --> 00:18:51,364
I got no curtains yet,
404
00:18:51,397 --> 00:18:53,567
'cause they're either going
to be blue or pink, you know?
405
00:18:53,600 --> 00:18:54,935
Jennifer...
406
00:18:54,968 --> 00:18:56,937
Rehab's no place for a baby.
407
00:18:56,970 --> 00:18:59,172
The baby should be at home.
408
00:19:02,208 --> 00:19:05,445
Please, Jimmy, what do I do?
409
00:19:11,484 --> 00:19:15,722
They got a case here,
and they're real serious.
410
00:19:15,756 --> 00:19:19,325
I think you ought
to take the plea.
411
00:19:19,359 --> 00:19:23,263
It's the best thing for you.
412
00:19:23,296 --> 00:19:25,498
You really can't
make it go away?
413
00:19:25,532 --> 00:19:28,468
No.
414
00:19:47,588 --> 00:19:50,957
-How long?
-We're hoping next week.
415
00:19:50,991 --> 00:19:52,826
No, no, you got
to push it up, Bobby.
416
00:19:52,859 --> 00:19:54,360
I can't take this place.
417
00:19:54,394 --> 00:19:56,496
I mean, they see me
as some rich guy.
418
00:19:56,530 --> 00:19:58,498
I mean, I'm going
to be meeting up
419
00:19:58,532 --> 00:20:00,266
with the end of a broomstick
in here.
420
00:20:00,300 --> 00:20:02,769
-Scott.
-You got to get me out.
421
00:20:02,803 --> 00:20:06,339
I mean, minimum security,
something, work release?
422
00:20:06,372 --> 00:20:07,641
-Scott--
-I got money.
423
00:20:07,674 --> 00:20:09,976
Milken got out with money.
I can pay.
424
00:20:10,010 --> 00:20:12,445
He was in on securities fraud.
You're in for murder.
425
00:20:12,478 --> 00:20:14,414
Get me out!
426
00:20:21,655 --> 00:20:23,990
We're trying to push up
the appeal
427
00:20:24,024 --> 00:20:27,594
as soon as possible,
Scott.
428
00:20:27,628 --> 00:20:30,030
Look, I'll get
a new trial, right?
429
00:20:30,063 --> 00:20:33,266
I mean, the judge made
all of those mistakes.
430
00:20:33,299 --> 00:20:35,602
I mean, I got to get
a new trial.
431
00:20:35,636 --> 00:20:37,604
Give me a brand-new trial.
432
00:20:37,638 --> 00:20:40,541
That's what we're hoping for.
433
00:20:40,574 --> 00:20:43,376
See, you got to hurry, Bobby.
See?
434
00:20:43,409 --> 00:20:45,378
I thought I was okay,
435
00:20:45,411 --> 00:20:48,448
but I'm feeling maybe I'm not.
436
00:20:48,481 --> 00:20:52,352
You just hurry, okay?
437
00:20:54,054 --> 00:20:56,389
Okay.
438
00:21:00,927 --> 00:21:02,596
Do you expect us
to laugh?
439
00:21:02,629 --> 00:21:04,965
No, I don't expect that,
Mr. Meyers.
440
00:21:04,998 --> 00:21:07,768
We have a hearing set up
for tomorrow.
441
00:21:07,801 --> 00:21:10,070
These are your subpoenas
to appear as witnesses.
442
00:21:10,103 --> 00:21:13,039
-If you refuse--
-And you think if you
call us as witnesses
443
00:21:13,073 --> 00:21:15,542
we'll testify that Judge Aldrich
was guilty of blackmail?
444
00:21:15,576 --> 00:21:17,611
I think if called
as a witness,
445
00:21:17,644 --> 00:21:19,613
you will give
truthful testimony, yes,
446
00:21:19,646 --> 00:21:21,982
and we all know
what happened in that room.
447
00:21:22,015 --> 00:21:24,618
Ms. Frutt, I truly do
admire your fortitude,
448
00:21:24,651 --> 00:21:26,419
but if you have any notion
449
00:21:26,452 --> 00:21:27,821
that we will compromise
our client's interests--
450
00:21:27,854 --> 00:21:29,990
You wouldn't be lawyers
in this proceeding.
451
00:21:30,023 --> 00:21:31,324
You'd be witnesses.
452
00:21:31,357 --> 00:21:33,694
You're insane.
453
00:21:35,896 --> 00:21:36,897
Look, we're not
really here trying
454
00:21:36,930 --> 00:21:38,364
to secure you as witnesses.
455
00:21:38,398 --> 00:21:40,366
Why are you here?
456
00:21:40,400 --> 00:21:42,769
If we're successful
at overturning Judge Aldrich,
457
00:21:42,803 --> 00:21:45,371
that $72 million verdict
could be reinstated.
458
00:21:45,405 --> 00:21:47,007
You have to be concerned
about that.
459
00:21:47,040 --> 00:21:48,408
We're not.
460
00:21:48,441 --> 00:21:50,511
Do you really want
to risk it?
461
00:21:50,544 --> 00:21:52,045
The odds of that panel
overturning Judge Aldrich
462
00:21:52,078 --> 00:21:56,950
Do you want to risk it?
$72 million.
463
00:21:56,983 --> 00:22:00,020
Why don't you get
to the punch line?
464
00:22:00,053 --> 00:22:02,523
For $6 million, we'll drop
the complaint against Aldrich.
465
00:22:02,556 --> 00:22:04,958
Once again, I must ask,
466
00:22:04,991 --> 00:22:07,060
do you expect us to laugh?
467
00:22:07,093 --> 00:22:10,063
You won't be laughing
if the 72 comes back.
468
00:22:10,096 --> 00:22:12,733
I think we'll run that risk.
Anything else?
469
00:22:16,803 --> 00:22:18,905
The hearing is scheduled
for tomorrow at 3:30.
470
00:22:18,939 --> 00:22:21,141
You have received your summons.
471
00:22:21,174 --> 00:22:25,579
Yes, and between now and then,
we'll be sure to go over
our testimony.
472
00:22:25,612 --> 00:22:28,549
You really are an ass,
you know that?
473
00:22:28,582 --> 00:22:30,717
Tell a friend.
474
00:22:49,035 --> 00:22:51,137
He's extremely erratic.
He was going on and on
475
00:22:51,171 --> 00:22:53,406
about buying his way
out of jail.
476
00:22:53,439 --> 00:22:55,108
-Is he talking
about Fiji again?
-No, but--
477
00:22:55,141 --> 00:22:57,143
I just got off with the clerk
from the appellate court.
478
00:22:57,177 --> 00:22:58,745
They can hear you next Tuesday.
479
00:22:58,779 --> 00:23:00,781
Schedule it.
Can you have the brief ready?
480
00:23:00,814 --> 00:23:02,883
-Yeah, it'll be done.
-What time's the hearing?
481
00:23:02,916 --> 00:23:04,518
3:30.
482
00:23:04,551 --> 00:23:05,586
I'm going to go see
Aldrich now.
483
00:23:05,619 --> 00:23:07,087
What? Why?
484
00:23:07,120 --> 00:23:09,022
I'm going to try
the velvet glove first.
485
00:23:09,055 --> 00:23:10,557
You really think this guy's
going to listen to you
486
00:23:10,591 --> 00:23:13,093
after you filed a motion
against him?
487
00:23:16,697 --> 00:23:20,601
Docket number 3542--
Commonwealth v. Jennifer Cole.
488
00:23:20,634 --> 00:23:22,969
Susan Alexander for
the commonwealth, Your Honor.
489
00:23:23,003 --> 00:23:24,571
James Berluti
for the defendant.
490
00:23:24,605 --> 00:23:25,939
Waive reading.
We're entering a plea of guilty
491
00:23:25,972 --> 00:23:27,541
pursuant to an agreement.
492
00:23:27,574 --> 00:23:29,209
Let's hear it.
493
00:23:29,242 --> 00:23:31,477
One year in the house
of corrections, suspended.
494
00:23:31,512 --> 00:23:32,979
One year probation,
495
00:23:33,013 --> 00:23:34,948
as long as she enters
a detox center today.
496
00:23:34,981 --> 00:23:37,584
Upon release, she immediately
goes to a halfway house,
497
00:23:37,618 --> 00:23:40,486
then to a sober facility
for the term of her probation.
498
00:23:40,521 --> 00:23:41,688
Just a second.
499
00:23:41,722 --> 00:23:43,757
This is the same offense
as yesterday?
500
00:23:43,790 --> 00:23:46,059
No, Your Honor. This has
nothing to do with the search.
501
00:23:46,092 --> 00:23:48,595
The defendant was seen
by witnesses ingesting cocaine.
502
00:23:48,629 --> 00:23:52,766
The charge is distribution.
503
00:23:52,799 --> 00:23:55,536
She is in her eighth month
of pregnancy.
504
00:23:55,569 --> 00:23:56,970
She ingested cocaine,
505
00:23:57,003 --> 00:23:58,839
distributing the drug
to her unborn child.
506
00:23:58,872 --> 00:24:00,240
Come again?
507
00:24:00,273 --> 00:24:02,743
The distribution
was to her fetus.
508
00:24:05,879 --> 00:24:08,749
-What's going on?
-We're fine. Don't worry.
509
00:24:08,782 --> 00:24:11,184
-Mr. Berluti.
-Yes, Your Honor.
510
00:24:11,217 --> 00:24:13,186
You have fully explained
to your client
511
00:24:13,219 --> 00:24:15,522
the nature of these charges?
512
00:24:15,556 --> 00:24:17,624
Yes, Your Honor.
Ms. Cole understands
the charges against her.
513
00:24:17,658 --> 00:24:19,192
Do you?
514
00:24:21,762 --> 00:24:25,732
Ms. Cole.
Did Mr. Berluti explain
515
00:24:25,766 --> 00:24:27,568
that it is
extremely unorthodox
516
00:24:27,601 --> 00:24:29,670
for a pregnant woman to be
charged with this crime?
517
00:24:29,703 --> 00:24:32,038
Sorry?
518
00:24:32,072 --> 00:24:36,076
What did your lawyer say
about the case against you?
519
00:24:37,878 --> 00:24:41,181
I don't know.
He said I should take the plea.
520
00:24:41,214 --> 00:24:43,950
-Did he say why?
-Your Honor--
521
00:24:43,984 --> 00:24:45,819
I am addressing the defendant.
522
00:24:45,852 --> 00:24:48,555
Did he say why
you should take the plea?
523
00:24:48,589 --> 00:24:51,925
He said we probably
wouldn't win this.
524
00:24:51,958 --> 00:24:56,453
Mr. Berluti,
Ms. Alexander, chambers!
525
00:24:57,998 --> 00:25:00,601
I have never seen
this law enforced
526
00:25:00,634 --> 00:25:01,835
against pregnant women.
527
00:25:01,868 --> 00:25:03,537
That doesn't mean it can't be.
528
00:25:03,570 --> 00:25:05,939
I'm not sure
you're right about that,
529
00:25:05,972 --> 00:25:08,308
but even if you are,
I see no basis
530
00:25:08,341 --> 00:25:10,577
for a defense attorney
to surrender.
531
00:25:10,611 --> 00:25:13,179
What did you two do,
532
00:25:13,213 --> 00:25:14,615
decide on a punishment,
533
00:25:14,648 --> 00:25:16,983
then flip
through the general laws
534
00:25:17,017 --> 00:25:18,552
in search of a crime?
535
00:25:18,585 --> 00:25:20,554
I don't believe
you have the right
536
00:25:20,587 --> 00:25:22,689
to change a plea agreement.
537
00:25:22,723 --> 00:25:24,725
I certainly have the right
to reject one.
538
00:25:24,758 --> 00:25:25,992
On what grounds?
539
00:25:26,026 --> 00:25:28,595
Due process,
unethical behavior,
540
00:25:28,629 --> 00:25:31,331
lack of legal basis,
collusion.
541
00:25:31,364 --> 00:25:34,067
Take your pick.
542
00:25:34,100 --> 00:25:37,571
What's our role today,
Mr. Berluti?
543
00:25:37,604 --> 00:25:39,573
Lawyer or mother?
544
00:25:39,606 --> 00:25:42,609
I advised my client.
545
00:25:42,643 --> 00:25:44,578
The fact that you may disagree
with my advice
546
00:25:44,611 --> 00:25:46,279
does not make me unethical.
547
00:25:46,312 --> 00:25:48,649
You took an oath
to zealously represent
548
00:25:48,682 --> 00:25:51,818
your client's legal interests,
Counsel.
549
00:25:51,852 --> 00:25:56,590
Getting her into rehab
doesn't qualify.
550
00:25:56,623 --> 00:25:58,659
Did you inform her
551
00:25:58,692 --> 00:26:00,761
that this case
would likely not make?
552
00:26:00,794 --> 00:26:03,229
I told her I couldn't be sure.
553
00:26:05,732 --> 00:26:09,202
Mr. Berluti, you might
as well answer my question,
554
00:26:09,235 --> 00:26:11,605
because next
I will be asking her.
555
00:26:11,638 --> 00:26:14,240
Did your client,
when agreeing to this plea,
556
00:26:14,274 --> 00:26:16,943
fully appreciate
that she would probably
557
00:26:16,977 --> 00:26:20,714
not be convicted of the crime
with which she was charged?
558
00:26:20,747 --> 00:26:22,849
My client is a crack head.
559
00:26:22,883 --> 00:26:24,718
She can't even fully appreciate
560
00:26:24,751 --> 00:26:26,920
that she's killing her baby.
561
00:26:32,659 --> 00:26:34,928
The plea is rejected.
562
00:26:34,961 --> 00:26:38,632
I am reporting both of you
to the state bar. Get out.
563
00:26:38,665 --> 00:26:41,267
Ever see a cocaine baby,
Your Honor?
564
00:26:42,370 --> 00:26:47,407
Mr. Berluti, you are
an officer of the court...
565
00:26:47,440 --> 00:26:51,812
who is one word away
from contempt.
566
00:27:01,688 --> 00:27:03,724
We really don't want
to go after you.
567
00:27:03,757 --> 00:27:05,826
I'm touched by that.
568
00:27:05,859 --> 00:27:07,828
Your Honor,
we have great respect
569
00:27:07,861 --> 00:27:09,830
for both you
and your position,
570
00:27:09,863 --> 00:27:12,432
but our feeling is
you did cross a line here.
571
00:27:12,465 --> 00:27:14,868
Let me tell you something,
Ms. Dole.
572
00:27:14,901 --> 00:27:17,871
I was at that trial every day.
573
00:27:17,904 --> 00:27:19,840
There was no case.
574
00:27:19,873 --> 00:27:23,710
You people should be laughing
to get 400,000.
575
00:27:23,744 --> 00:27:25,311
But that's an evaluation
of the merits,
576
00:27:25,345 --> 00:27:26,947
which is the jury's function.
577
00:27:26,980 --> 00:27:28,815
The jury blew it.
578
00:27:30,250 --> 00:27:35,889
Okay, but to go from
$72 million to 400--
579
00:27:35,922 --> 00:27:37,958
I mean, if I could
prevail upon you
580
00:27:37,991 --> 00:27:39,459
to revise
the knockdown number,
581
00:27:39,492 --> 00:27:41,061
I could certainly prevail
upon the client
582
00:27:41,094 --> 00:27:42,328
to pull back
on their complaint.
583
00:27:42,362 --> 00:27:45,398
The client isn't pushing this.
584
00:27:45,431 --> 00:27:47,100
Ellenor Frutt is
the driving force here.
585
00:27:47,133 --> 00:27:48,769
Don't you think I know that?
586
00:27:48,802 --> 00:27:51,437
Well, here's something
she should know.
587
00:27:51,471 --> 00:27:53,406
I have life tenure.
588
00:27:53,439 --> 00:27:55,909
I will be here a long, long time
589
00:27:55,942 --> 00:27:57,310
with a vivid memory,
590
00:27:57,343 --> 00:27:59,145
and you people
will not intimidate me.
591
00:27:59,179 --> 00:28:00,814
We're not looking to do that.
592
00:28:00,847 --> 00:28:02,482
Tell Ms. Frutt
I'm issuing a gag order
593
00:28:02,516 --> 00:28:04,417
in connection with this case.
594
00:28:04,450 --> 00:28:07,187
If she says one word
to the press,
she's in contempt.
595
00:28:07,220 --> 00:28:08,922
And if she snorts out
596
00:28:08,955 --> 00:28:10,857
a single negative utterance
about me to anybody,
597
00:28:10,891 --> 00:28:13,927
I will refer her to
the federal disciplinary panel
598
00:28:13,960 --> 00:28:16,462
for violating the court rules
of disparaging a judge.
599
00:28:16,496 --> 00:28:19,232
If she wants a fight,
she's got one.
600
00:28:19,265 --> 00:28:22,803
You go tell her that,
Ms. Dole.
601
00:28:32,012 --> 00:28:34,480
Richard, did you have
the Wallace file
602
00:28:34,515 --> 00:28:36,049
removed from my office?
603
00:28:36,082 --> 00:28:37,518
They're working
on an appeal, Helen.
604
00:28:37,551 --> 00:28:39,152
Certainly you don't expect
to be handling it.
605
00:28:39,185 --> 00:28:40,521
Why didn't you just
ask for the file?
606
00:28:40,554 --> 00:28:42,523
I couldn't presume
your cooperation.
607
00:28:42,556 --> 00:28:44,791
For all I know, you might make
copies of our work product
608
00:28:44,825 --> 00:28:46,292
and hand them
to the defendant.
609
00:28:46,326 --> 00:28:49,495
Look, I think you know
in your head
610
00:28:49,530 --> 00:28:52,999
what I did wasn't personal,
and what you're doing now is.
611
00:28:53,033 --> 00:28:55,001
You act on your principles,
Helen.
612
00:28:55,035 --> 00:28:56,970
I'll act on mine.
613
00:28:57,003 --> 00:28:59,439
My principle was justice,
Richard. Yours is politics.
614
00:28:59,472 --> 00:29:01,107
Politics?
615
00:29:01,141 --> 00:29:03,109
I know what's going on,
Richard.
616
00:29:03,143 --> 00:29:04,545
I still have ears.
617
00:29:04,578 --> 00:29:07,113
Suddenly, I'm a pariah
in the department,
618
00:29:07,147 --> 00:29:09,983
and you're choosing
to distance yourself.
619
00:29:10,016 --> 00:29:11,985
That's fine,
but let's not forget
620
00:29:12,018 --> 00:29:14,354
your career was hanging
by a thread a few months ago,
621
00:29:14,387 --> 00:29:17,357
and I'm the one who stood
with you and behind you.
622
00:29:17,390 --> 00:29:20,326
Now the idea that
the association with me
could be detrimental,
623
00:29:20,360 --> 00:29:22,796
you run.
624
00:29:22,829 --> 00:29:24,798
You're a hypocrite
and a coward.
625
00:29:24,831 --> 00:29:27,801
Please do take that
personally.
626
00:29:34,240 --> 00:29:36,076
So you lied to me?
627
00:29:36,109 --> 00:29:38,044
I didn't lie, but--
628
00:29:38,078 --> 00:29:40,881
I stand a good chance
of getting this case dismissed.
629
00:29:40,914 --> 00:29:42,549
Yes.
630
00:29:42,583 --> 00:29:43,850
You lied to me.
631
00:29:43,884 --> 00:29:45,586
Jennifer...
632
00:29:45,619 --> 00:29:48,188
I'm just trying
to keep you safe
633
00:29:48,221 --> 00:29:50,190
until the baby is born.
634
00:29:50,223 --> 00:29:52,192
You're still using,
for God's sake.
635
00:29:52,225 --> 00:29:54,094
So what happens now?
636
00:29:54,127 --> 00:29:56,963
We go back in
before Judge Spindle
this afternoon.
637
00:29:56,997 --> 00:29:58,098
She might bind you over
for trial.
638
00:29:58,131 --> 00:29:59,533
She might kick the case,
639
00:29:59,566 --> 00:30:01,401
depending on how convincing
the D. A. is.
640
00:30:01,434 --> 00:30:03,269
I want another lawyer.
641
00:30:03,303 --> 00:30:05,038
If you want me to beat it,
I'll try--
642
00:30:05,071 --> 00:30:07,608
I want another lawyer.
Can I get a public defender?
643
00:30:07,641 --> 00:30:11,077
-I'm sure you could--
-Then that's what I want.
You're fired, Jimmy.
644
00:30:11,111 --> 00:30:13,146
-Please leave.
-Jennifer.
645
00:30:13,179 --> 00:30:14,981
You're fired.
646
00:30:18,885 --> 00:30:20,954
You're going
to wind up dead
647
00:30:20,987 --> 00:30:23,289
or killing your baby.
648
00:30:26,259 --> 00:30:28,161
Guard!
649
00:30:51,084 --> 00:30:53,887
And he said
if we opted for a new trial,
650
00:30:53,920 --> 00:30:57,991
he would probably remit
the next award to 75,000.
651
00:30:58,024 --> 00:31:00,126
He was clearly threatening
to punish us
652
00:31:00,160 --> 00:31:03,029
if we exercised
our legal rights.
653
00:31:03,063 --> 00:31:06,667
Ms. Frutt, judges try
to steer lawyers all the time.
654
00:31:06,700 --> 00:31:09,936
This was much more
than steering.
655
00:31:09,970 --> 00:31:11,938
It was a threat.
656
00:31:11,972 --> 00:31:13,406
May I respond to that?
657
00:31:13,439 --> 00:31:14,941
Please do.
658
00:31:14,975 --> 00:31:17,477
If I was guilty
of poor judgment,
659
00:31:17,511 --> 00:31:19,479
it was in allowing any award.
660
00:31:19,513 --> 00:31:22,048
For me, 75 was too high,
661
00:31:22,082 --> 00:31:25,418
but when you're sitting
in front of sympathetic parents
662
00:31:25,451 --> 00:31:27,988
who've gone through the ordeal
of a long trial,
663
00:31:28,021 --> 00:31:30,056
in the wake of a jury verdict,
664
00:31:30,090 --> 00:31:32,959
I didn't want them
to walk away empty-handed.
665
00:31:32,993 --> 00:31:36,329
That's why I gave them the 135.
666
00:31:36,362 --> 00:31:38,699
I let Ms. Frutt know
she shouldn't bank
667
00:31:38,732 --> 00:31:41,401
on my continued sense
of charity.
668
00:31:41,434 --> 00:31:44,505
You chipped
a $72 million award
669
00:31:44,538 --> 00:31:48,241
down to $400,000
out of a sense of charity?
670
00:31:48,274 --> 00:31:50,711
I allowed you to keep
the 400
671
00:31:50,744 --> 00:31:55,015
on a claim that was really
worth nothing.
672
00:31:55,048 --> 00:31:57,551
MS. ALEXANDER: We've certainly
allowed murder charges to stand
673
00:31:57,584 --> 00:31:59,152
against people who cause
674
00:31:59,185 --> 00:32:01,154
the death of unborn
viable fetuses.
675
00:32:01,187 --> 00:32:03,557
But those are third parties,
not the mother.
676
00:32:03,590 --> 00:32:05,559
Moreover,
for drug distribution,
677
00:32:05,592 --> 00:32:07,427
you have to establish
a specific intent,
678
00:32:07,460 --> 00:32:09,029
and there's been
no showing of that.
679
00:32:09,062 --> 00:32:10,997
Specific intent can be inferred.
680
00:32:11,031 --> 00:32:12,432
Are you suggesting
she intended
681
00:32:12,465 --> 00:32:14,167
to poison the fetus
with cocaine?
682
00:32:14,200 --> 00:32:15,736
All I'm suggesting is
that if you commit an act
683
00:32:15,769 --> 00:32:18,271
that causes a result
that is not only foreseeable,
684
00:32:18,304 --> 00:32:20,541
but, in fact, unavoidable,
intent can be inferred.
685
00:32:20,574 --> 00:32:23,109
I'm sorry, Ms. Alexander,
but I have to consider
686
00:32:23,143 --> 00:32:26,446
the legislative intent,
and there is no evidence
687
00:32:26,479 --> 00:32:29,082
that the drug distribution
laws were ever meant
688
00:32:29,115 --> 00:32:31,417
to apply to pregnant mothers
under this fact pattern.
689
00:32:31,451 --> 00:32:34,020
There's no evidence
to disprove the legislative--
690
00:32:34,054 --> 00:32:36,289
Ambiguity cuts in favor
of the defendant.
691
00:32:36,322 --> 00:32:38,491
All I'm asking is
that you bind her over.
692
00:32:38,525 --> 00:32:39,492
Let's just hold her--
693
00:32:39,526 --> 00:32:42,062
I can't do that.
694
00:32:42,095 --> 00:32:44,464
In the alternative,
I'd like to continue
this matter.
695
00:32:44,497 --> 00:32:46,032
Allow me to do
further research.
696
00:32:46,066 --> 00:32:47,768
Denied.
The charges against Ms. Cole
697
00:32:47,801 --> 00:32:49,235
are dismissed.
698
00:32:49,269 --> 00:32:52,072
This time, I am doing so
with prejudice.
699
00:32:52,105 --> 00:32:54,074
The defendant is free to go.
700
00:32:54,107 --> 00:32:57,010
We are adjourned.
701
00:33:00,446 --> 00:33:03,650
Thanks. Thanks a lot.
702
00:33:08,789 --> 00:33:10,757
-Let's go.
-Go where?
703
00:33:10,791 --> 00:33:12,793
Rehab. Everything's set up.
704
00:33:12,826 --> 00:33:15,061
I'm not going anywhere
with you, Jimmy.
705
00:33:15,095 --> 00:33:17,097
Jennifer, you have a problem.
706
00:33:17,130 --> 00:33:18,532
Whatever my problems are,
707
00:33:18,565 --> 00:33:20,801
I'm not about to come
to you with them.
708
00:33:20,834 --> 00:33:22,035
Bye.
709
00:33:27,808 --> 00:33:29,375
You people hardly have
710
00:33:29,409 --> 00:33:31,244
an unblemished track record,
Ms. Frutt.
711
00:33:31,277 --> 00:33:33,079
In fact, I might go
so far as to say
712
00:33:33,113 --> 00:33:35,582
you have a penchant
for deceit.
713
00:33:35,616 --> 00:33:38,451
Whatever you may think
of our penchants,
714
00:33:38,484 --> 00:33:40,453
we have always played
by the rules.
715
00:33:40,486 --> 00:33:44,457
He didn't.
It was cowboy justice.
716
00:33:44,490 --> 00:33:46,459
I have to say,
as I see the facts,
717
00:33:46,492 --> 00:33:48,261
most judges
wouldn't have let this
718
00:33:48,294 --> 00:33:49,663
even go to trial.
719
00:33:49,696 --> 00:33:51,798
Your Honor,
we were in that room.
720
00:33:51,832 --> 00:33:53,399
We heard what he said
721
00:33:53,433 --> 00:33:55,468
and the tenor
of how he said it.
722
00:33:55,501 --> 00:33:57,270
It was blackmail.
723
00:33:57,303 --> 00:33:59,472
He took away
our seventh amendment right
724
00:33:59,506 --> 00:34:01,407
to a jury trial,
and then he threatened us
725
00:34:01,441 --> 00:34:03,343
if we dared appeal.
726
00:34:03,376 --> 00:34:05,646
That's not the way
it's supposed to work.
727
00:34:05,679 --> 00:34:07,548
I know Judge Aldrich.
728
00:34:07,581 --> 00:34:09,816
I've known him for 20 years.
729
00:34:09,850 --> 00:34:11,818
I'd sooner take his word
730
00:34:11,852 --> 00:34:14,154
than that of a few
criminal defense attorneys
731
00:34:14,187 --> 00:34:16,156
who moonlight
with contingent-fee cases.
732
00:34:16,189 --> 00:34:18,224
I object to that.
733
00:34:18,258 --> 00:34:22,128
Do you have
anything else, Counsel?
734
00:34:32,706 --> 00:34:34,307
Yes, Your Honor,
735
00:34:34,340 --> 00:34:38,411
I'd like to call
Mitchell Kravitz.
736
00:34:38,444 --> 00:34:39,613
What are you doing?
737
00:34:39,646 --> 00:34:41,347
I have no idea.
738
00:34:41,381 --> 00:34:43,149
JUDGE WALTERS:
Mr. Kravitz,
739
00:34:43,183 --> 00:34:47,120
please come forward
and be sworn in.
740
00:34:50,891 --> 00:34:53,860
Please raise your right hand.
741
00:34:53,894 --> 00:34:55,896
Do you swear to tell the truth,
the whole truth,
742
00:34:55,929 --> 00:34:58,532
and nothing but the truth,
so help you God?
743
00:34:58,565 --> 00:35:00,701
-I do.
-What are you going
to ask him?
744
00:35:00,734 --> 00:35:02,335
I don't know.
745
00:35:02,368 --> 00:35:04,204
You ask him something.
746
00:35:04,237 --> 00:35:06,773
Okay, Ms. Frutt,
you may question Mr. Kravitz.
747
00:35:09,375 --> 00:35:13,213
Sir, you were
in Judge Aldrich's chambers
748
00:35:13,246 --> 00:35:14,615
the day in question
749
00:35:14,648 --> 00:35:16,349
for the transaction
in question
750
00:35:16,382 --> 00:35:18,484
in your capacity
as defense counsel
751
00:35:18,519 --> 00:35:21,454
for the environmental
protection agency, true?
752
00:35:21,487 --> 00:35:23,289
True.
753
00:35:23,323 --> 00:35:24,658
You've been sitting here
754
00:35:24,691 --> 00:35:27,227
listening to my version
of what happened
755
00:35:27,260 --> 00:35:29,395
and to the one offered
by Judge Aldrich.
756
00:35:29,429 --> 00:35:32,498
Do you have an opinion
as to which version
757
00:35:32,533 --> 00:35:34,635
is more accurate?
758
00:35:34,668 --> 00:35:37,904
Given that I participated
in this transaction
759
00:35:37,938 --> 00:35:39,405
as an attorney,
760
00:35:39,439 --> 00:35:41,241
I don't feel
it's appropriate for me
761
00:35:41,274 --> 00:35:42,909
to also bear witness
on the events.
762
00:35:42,943 --> 00:35:45,912
We have had a judge
bearing witness, sir.
763
00:35:45,946 --> 00:35:48,481
It's okay
if you do so, as well.
764
00:35:48,515 --> 00:35:49,950
Your Honor,
I represent clients.
765
00:35:49,983 --> 00:35:52,385
I have a duty
to those clients--
766
00:35:52,418 --> 00:35:54,487
This is a hearing
about the conduct
767
00:35:54,521 --> 00:35:56,322
of the officers
of the court.
768
00:35:56,356 --> 00:35:58,592
It does not concern
the interests of clients.
769
00:35:58,625 --> 00:36:00,961
Certainly, if it affects
the interests of clients,
770
00:36:00,994 --> 00:36:03,263
I can't be compelled
to testify.
771
00:36:03,296 --> 00:36:05,431
I want to know what went on
in that room, sir.
772
00:36:05,465 --> 00:36:07,968
You heard Judge Aldrich
a short time ago.
773
00:36:08,001 --> 00:36:12,539
We have all been listening
ad nauseam to Ms. Frutt.
774
00:36:12,573 --> 00:36:15,542
Whose testimony today
more accurately reflects
775
00:36:15,576 --> 00:36:19,179
what went on
in that room?
776
00:36:21,381 --> 00:36:26,520
The court has asked you
a question, Mr. Kravitz.
777
00:36:26,553 --> 00:36:29,756
I believe the truth lies
somewhere in the middle.
778
00:36:29,790 --> 00:36:34,761
On whose side of the middle
does the truth lie?
779
00:36:46,339 --> 00:36:48,441
Ms. Frutt.
780
00:36:48,474 --> 00:36:50,744
Oh, my God.
781
00:36:52,779 --> 00:36:56,282
You believe
Judge Aldrich was guilty
782
00:36:56,316 --> 00:36:59,285
of judicial misconduct?
783
00:36:59,319 --> 00:37:02,322
I asked you a question, Counsel.
784
00:37:02,355 --> 00:37:04,658
Do you believe
Judge Aldrich was guilty
785
00:37:04,691 --> 00:37:06,660
of judicial misconduct?
786
00:37:06,693 --> 00:37:12,398
I think he conducted
a fair trial...
787
00:37:12,432 --> 00:37:15,301
but what happened
in his chambers
788
00:37:15,335 --> 00:37:17,504
after the verdict--
789
00:37:17,538 --> 00:37:21,508
While it wasn't
blatant blackmail,
790
00:37:21,542 --> 00:37:25,478
it was definitely...
coercion.
791
00:37:25,512 --> 00:37:28,314
May I respond to that?
792
00:37:28,348 --> 00:37:29,616
Go ahead.
793
00:37:29,650 --> 00:37:32,352
I strongly disagree
794
00:37:32,385 --> 00:37:34,320
with Mr. Kravitz's
characterization.
795
00:37:34,354 --> 00:37:36,790
Let's remember,
he was in the throes
796
00:37:36,823 --> 00:37:39,893
of being smacked
with a $72 million judgment.
797
00:37:39,926 --> 00:37:43,329
His career was probably
flashing before his eyes.
798
00:37:43,363 --> 00:37:45,532
I resent that.
799
00:37:45,566 --> 00:37:47,801
I have the floor now,
Counsel.
800
00:37:47,834 --> 00:37:51,037
His powers of observation
may have been on tilt.
801
00:37:51,071 --> 00:37:53,039
But surely not biased,
802
00:37:53,073 --> 00:37:55,441
not against a judge
ruling in his favor.
803
00:37:55,475 --> 00:37:57,878
Let me say, also,
804
00:37:57,911 --> 00:38:02,516
a judge, every single day,
exercises some coercion.
805
00:38:02,549 --> 00:38:05,451
Our dockets are jammed
beyond repair
806
00:38:05,485 --> 00:38:06,820
with claims that have
no real merit.
807
00:38:06,853 --> 00:38:08,555
This was one such claim.
808
00:38:08,589 --> 00:38:11,625
We push, steer,
809
00:38:11,658 --> 00:38:14,828
bend, influence,
and, yes, coerce.
810
00:38:14,861 --> 00:38:16,663
We do it every day.
811
00:38:16,697 --> 00:38:18,665
If we didn't,
God help the mess,
812
00:38:18,699 --> 00:38:20,667
not to mention the injustice.
813
00:38:20,701 --> 00:38:23,403
The line is a gray one.
814
00:38:23,436 --> 00:38:26,907
I submit to you
I did not cross it here.
815
00:38:26,940 --> 00:38:29,409
The facts underlying this case
816
00:38:29,442 --> 00:38:33,747
did not justify
a $72 million verdict.
817
00:38:33,780 --> 00:38:36,817
I was there at the trial.
I heard the evidence.
818
00:38:36,850 --> 00:38:39,419
This panel did not.
819
00:38:39,452 --> 00:38:42,088
There was no abuse
of my discretion.
820
00:38:42,122 --> 00:38:46,593
The knockdown number was fair.
821
00:39:13,554 --> 00:39:16,523
The knockdown number
is knocked out.
822
00:39:16,557 --> 00:39:20,527
The award of $72 million
is reinstated.
823
00:39:20,561 --> 00:39:22,696
Defense is free to bring
a new motion to remit
824
00:39:22,729 --> 00:39:24,865
once the case has been
reassigned.
825
00:39:24,898 --> 00:39:27,033
We are adjourned.
826
00:39:33,507 --> 00:39:35,008
ELLENOR:
I thought I'd seen everything.
827
00:39:35,041 --> 00:39:36,943
LINDSAY: Me too.
828
00:39:42,649 --> 00:39:45,018
I'm afraid to celebrate.
829
00:39:45,051 --> 00:39:46,720
Very wise.
830
00:39:46,753 --> 00:39:48,722
The 72 will still
get chopped down.
831
00:39:48,755 --> 00:39:50,557
We're going
to do some research
832
00:39:50,591 --> 00:39:52,826
and come up with a number
to try and settle.
833
00:39:52,859 --> 00:39:54,761
Okay.
834
00:39:54,795 --> 00:39:56,396
Wow.
835
00:39:58,599 --> 00:40:01,968
Yeah.
836
00:40:16,983 --> 00:40:19,185
Josh.
837
00:40:19,219 --> 00:40:22,656
Jimmy.
838
00:40:22,689 --> 00:40:25,659
I shouldn't be talking
to you-- Doctor/patient.
839
00:40:25,692 --> 00:40:27,193
Yeah. Yeah.
840
00:40:27,227 --> 00:40:29,930
Partial placental abruption.
841
00:40:29,963 --> 00:40:31,598
Placental lining
started to come loose
842
00:40:31,632 --> 00:40:32,866
from the uterine wall.
843
00:40:32,899 --> 00:40:34,034
Coke?
844
00:40:34,067 --> 00:40:35,602
She started bleeding,
845
00:40:35,636 --> 00:40:37,037
had enough sense
to call E. M. S.,
846
00:40:37,070 --> 00:40:39,039
went into shock.
847
00:40:39,072 --> 00:40:40,541
The baby?
848
00:40:40,574 --> 00:40:41,708
We delivered--
849
00:40:41,742 --> 00:40:44,545
Little girl,
3 1/2 pounds.
850
00:40:44,578 --> 00:40:46,513
She all right?
851
00:40:46,547 --> 00:40:48,214
It's too early to tell.
852
00:40:48,248 --> 00:40:50,684
She lost oxygen
because of the abruption.
853
00:40:50,717 --> 00:40:52,052
We're going to do
a cranial ultrasound,
854
00:40:52,085 --> 00:40:53,520
check for a stroke,
855
00:40:53,554 --> 00:40:55,522
and there was cocaine
in her body,
856
00:40:55,556 --> 00:40:57,123
some agitation,
maybe withdrawal.
857
00:40:59,259 --> 00:41:03,129
We had to notify
social services.
858
00:41:35,161 --> 00:41:38,264
I'm sorry, Jimmy.
859
00:41:38,298 --> 00:41:42,268
You just rest.
860
00:41:42,302 --> 00:41:45,105
They won't let me see her?
861
00:41:45,138 --> 00:41:49,776
Later.
862
00:41:53,980 --> 00:41:56,116
Is she okay?
863
00:41:56,149 --> 00:42:00,554
We don't know yet.
The doctors are hoping.
864
00:42:05,726 --> 00:42:08,829
They're going to take her
away from me,
865
00:42:08,862 --> 00:42:10,731
won't they?
866
00:42:14,801 --> 00:42:18,138
It's too soon
to know anything, Jennifer.
867
00:42:18,171 --> 00:42:22,008
Just try to get some rest.
868
00:42:22,042 --> 00:42:27,714
Don't let them
take her away, okay?
869
00:42:35,656 --> 00:42:36,823
Okay.
870
00:44:11,151 --> 00:44:12,185
You stinker!
64308
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