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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:00,901 --> 00:00:02,536 Previously on "The Practice"... 2 00:00:02,569 --> 00:00:04,470 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 00:00:21,555 --> 00:00:23,189 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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