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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:00,834 --> 00:00:02,468 Previously on "The Practice"... 2 00:00:02,503 --> 00:00:05,772 We find the defendant Scott Wallace guilty. 3 00:00:05,806 --> 00:00:07,508 You got to get me out. 4 00:00:07,541 --> 00:00:09,643 -Scott-- -Get me out! 5 00:00:09,676 --> 00:00:12,579 You got a problem. The man is on the verge of a psychotic breakdown. 6 00:00:12,613 --> 00:00:15,381 He needs to be transferred to a mental facility right now. 7 00:00:15,415 --> 00:00:17,618 We were hoping they'd order a new trial outright. 8 00:00:17,651 --> 00:00:19,553 We didn't get that, but with a hearing, 9 00:00:19,586 --> 00:00:22,556 if the judge determines that the brother did commit perjury, 10 00:00:22,589 --> 00:00:24,424 then we get a new trial. 11 00:00:24,457 --> 00:00:25,826 Mr. Barrett, you had a meeting with Richard Bay 12 00:00:25,859 --> 00:00:27,561 and Helen Gamble, did you not? 13 00:00:27,594 --> 00:00:29,563 On the advice of counsel, 14 00:00:29,596 --> 00:00:31,565 I'm exercising my fifth amendment right 15 00:00:31,598 --> 00:00:33,634 not to answer your question. 16 00:00:33,667 --> 00:00:36,202 I have been ordered to conduct a full hearing 17 00:00:36,236 --> 00:00:37,771 into this perjury business. 18 00:00:37,804 --> 00:00:39,706 That hearing has been thwarted by the primary witness 19 00:00:39,740 --> 00:00:41,775 exercising his fifth amendment right. 20 00:00:41,808 --> 00:00:45,111 The conviction of Scott Wallace is hereby set aside. 21 00:00:45,145 --> 00:00:48,281 It is the order of this court that he be granted a new trial. 22 00:00:48,314 --> 00:00:51,117 "What to Expect When You're Expecting." 23 00:00:51,151 --> 00:00:52,653 Somebody here's pregos. 24 00:00:52,686 --> 00:00:55,589 Lindsay, we might as well tell them. 25 00:00:55,622 --> 00:00:58,258 -Did you order that book? -Me? No. 26 00:00:58,291 --> 00:00:59,760 That little witch tricked us. 27 00:00:59,793 --> 00:01:02,629 Either that, or somebody else is pregnant. 28 00:01:02,663 --> 00:01:05,298 How did that book get here? 29 00:01:05,331 --> 00:01:07,501 I ordered it. I want to keep it a secret 30 00:01:07,534 --> 00:01:08,769 until I'm sure everything's fine. 31 00:01:08,802 --> 00:01:10,136 Who's the father? 32 00:01:10,170 --> 00:01:12,573 I'm going to be a single parent. 33 00:01:14,207 --> 00:01:15,709 It starts today? 34 00:01:15,742 --> 00:01:18,178 It's a simple trial-- One prosecution witness-- 35 00:01:18,211 --> 00:01:21,181 You can't put me on a case and expect that I'm going-- 36 00:01:21,214 --> 00:01:23,717 Actually, I can, Eugene-- Perks of the robe. 37 00:01:23,750 --> 00:01:25,519 Now, he fired his last lawyer 38 00:01:25,552 --> 00:01:27,521 just like the two before that, 39 00:01:27,554 --> 00:01:29,723 and I have an obligation to make sure 40 00:01:29,756 --> 00:01:32,325 he gets a fair trial with adequate representation. 41 00:01:32,358 --> 00:01:34,327 Well, if you're so concerned with fairness, 42 00:01:34,360 --> 00:01:36,797 how about giving me time to fully prepare? 43 00:01:36,830 --> 00:01:39,533 Well, I'm not that concerned. Let me be frank. 44 00:01:39,566 --> 00:01:41,668 The defendant is world-class scum. 45 00:01:41,702 --> 00:01:43,670 I'm sure he's guilty of the crime. 46 00:01:43,704 --> 00:01:45,672 Well, I'm glad you have an open mind. 47 00:01:45,706 --> 00:01:47,674 Oh, please. A mind is like a wound. 48 00:01:47,708 --> 00:01:49,743 If it's too open, you get an infection. 49 00:01:49,776 --> 00:01:51,545 Now, he is stalling 50 00:01:51,578 --> 00:01:53,547 by firing one attorney after another. 51 00:01:53,580 --> 00:01:57,483 I am not going to let him get away with it anymore. 52 00:01:57,518 --> 00:01:58,885 Why me? 53 00:01:58,919 --> 00:02:00,754 Because you're as good as it gets 54 00:02:00,787 --> 00:02:02,756 when it comes to criminal law, 55 00:02:02,789 --> 00:02:05,626 and I don't want to give this bastard a shot of appeal 56 00:02:05,659 --> 00:02:07,193 on inadequacy of counsel. 57 00:02:07,227 --> 00:02:10,163 So you will do it. 58 00:02:10,196 --> 00:02:11,898 Helen Gamble will be the D. A. 59 00:02:11,932 --> 00:02:15,201 We all know how jolly she can be. 60 00:02:15,235 --> 00:02:17,337 See you in there. 61 00:02:17,370 --> 00:02:20,674 Go meet your lovely wife-murdering client. 62 00:02:23,844 --> 00:02:25,145 ♪ (theme) 63 00:03:13,860 --> 00:03:16,563 I didn't do it. The cop just wanted to get his picture in the paper 64 00:03:16,597 --> 00:03:19,332 and credit for a big collar. I wasn't even there that night. 65 00:03:19,365 --> 00:03:20,601 You live there. 66 00:03:20,634 --> 00:03:23,937 But I wasn't there that night. 67 00:03:23,970 --> 00:03:28,008 Look, did her and I have a fight? Yeah. 68 00:03:28,041 --> 00:03:30,544 Did I shoot her? No. 69 00:03:30,577 --> 00:03:32,913 They got one lousy witness, man. 70 00:03:32,946 --> 00:03:34,615 Eyewitness evidence is easy to shake, Mr. Young. 71 00:03:34,648 --> 00:03:36,617 It was dark. I was moving fast. 72 00:03:36,650 --> 00:03:38,685 No way he got a good clear look. 73 00:03:38,719 --> 00:03:40,687 So, if called to testify, 74 00:03:40,721 --> 00:03:43,690 you'll say you were moving fast. 75 00:03:43,724 --> 00:03:46,426 I'm talking allegedly by his account, man. 76 00:03:46,459 --> 00:03:47,961 I wasn't there. 77 00:03:47,994 --> 00:03:49,563 Right. 78 00:03:49,596 --> 00:03:51,565 When I left in the afternoon, 79 00:03:51,598 --> 00:03:53,767 she was still alive. 80 00:03:53,800 --> 00:03:55,636 The cop is lying. 81 00:03:55,669 --> 00:03:57,370 All right, look, 82 00:03:57,403 --> 00:04:00,306 I'm not saying the D. A. Will go for a plea, 83 00:04:00,340 --> 00:04:01,642 but if I can-- 84 00:04:01,675 --> 00:04:03,644 No. I want you to beat it. 85 00:04:03,677 --> 00:04:05,579 One eyewitness at nighttime, man-- 86 00:04:05,612 --> 00:04:09,282 You got to be able to make reasonable doubt on that. 87 00:04:18,825 --> 00:04:22,462 Six months on each count? 88 00:04:22,495 --> 00:04:24,330 No. Total. 89 00:04:24,364 --> 00:04:25,532 What? 90 00:04:25,566 --> 00:04:27,534 This is a liberal judge, 91 00:04:27,568 --> 00:04:30,070 and he can go easy on sentencing, but-- 92 00:04:30,103 --> 00:04:31,905 And this is important-- 93 00:04:31,938 --> 00:04:33,807 He's probably going to tell you a story 94 00:04:33,840 --> 00:04:35,809 about Ray Charles. 95 00:04:35,842 --> 00:04:37,410 What you mean about Ray Charles? 96 00:04:37,443 --> 00:04:39,079 He lectures defendants. 97 00:04:39,112 --> 00:04:41,948 His favorite is the Ray Charles story. 98 00:04:41,982 --> 00:04:45,752 It's corny, but you have to take it seriously. 99 00:04:45,786 --> 00:04:47,888 I had a defendant snicker once, 100 00:04:47,921 --> 00:04:49,956 and this guy doubled the sentence. 101 00:04:49,990 --> 00:04:52,425 I want you to think sad thoughts 102 00:04:52,458 --> 00:04:55,428 and just get through it and show remorse. 103 00:04:55,461 --> 00:04:57,030 Okay. 104 00:04:57,063 --> 00:04:58,965 You take responsibility for the crime. 105 00:04:58,999 --> 00:05:01,434 Don't be saying you never had the drugs. 106 00:05:01,467 --> 00:05:02,969 Got it. 107 00:05:03,003 --> 00:05:04,738 And whatever you do, 108 00:05:04,771 --> 00:05:07,574 don't laugh. 109 00:05:07,608 --> 00:05:10,110 I'm looking at prison time, Mr. Berluti. 110 00:05:10,143 --> 00:05:13,914 Ain't gonna be no laughing. 111 00:05:13,947 --> 00:05:16,449 HELEN: She was unconscious. 112 00:05:16,482 --> 00:05:19,452 You were afraid of how it might look. 113 00:05:19,485 --> 00:05:21,454 You put her in the car 114 00:05:21,487 --> 00:05:23,389 to make it look like a suicide. 115 00:05:23,423 --> 00:05:26,126 That's what happened, isn't it? 116 00:05:26,159 --> 00:05:28,361 This is the part that kills us. 117 00:05:31,031 --> 00:05:33,466 That's the bomb. 118 00:05:33,499 --> 00:05:35,468 This tape got admitted for impeachment 119 00:05:35,502 --> 00:05:38,104 which prevented Scott from testifying. 120 00:05:38,138 --> 00:05:40,073 You mean it made you keep him from testifying. 121 00:05:40,106 --> 00:05:43,076 Right. I don't want to be in that position again. 122 00:05:43,109 --> 00:05:45,011 If the judge let it in once, 123 00:05:45,045 --> 00:05:47,113 what makes you think he's going to change his mind now? 124 00:05:47,147 --> 00:05:49,049 Judge Wolfe isn't the judge for the new trial. 125 00:05:49,082 --> 00:05:51,985 We drew Judge Hiller. 126 00:05:52,018 --> 00:05:55,622 I was responding to a report on a possible shooting. 127 00:05:55,656 --> 00:05:58,124 When I arrived at the house, I saw the defendant 128 00:05:58,158 --> 00:06:00,727 leaving the side door of the house, running. 129 00:06:00,761 --> 00:06:03,664 -This man? -Yes. 130 00:06:03,697 --> 00:06:05,932 What did you do next, Officer? 131 00:06:05,966 --> 00:06:08,401 I entered the premises and discovered the victim-- 132 00:06:08,434 --> 00:06:10,937 An African-American female approximately 30 years of age 133 00:06:10,971 --> 00:06:12,906 with what apparently 134 00:06:12,939 --> 00:06:15,141 was a single gunshot wound to the head. 135 00:06:15,175 --> 00:06:18,011 -She was dead. -Yes, ma'am. 136 00:06:18,044 --> 00:06:20,480 When did you next see the defendant, Officer? 137 00:06:20,514 --> 00:06:22,883 Two days later. I identified him in a police lineup 138 00:06:22,916 --> 00:06:25,418 as being the man I saw fleeing the house. 139 00:06:25,451 --> 00:06:27,453 Thank you. 140 00:06:28,922 --> 00:06:30,891 EUGENE: To your knowledge, sir, 141 00:06:30,924 --> 00:06:33,093 were any fingerprints found on the gun? 142 00:06:33,126 --> 00:06:35,028 The gun was never retrieved. 143 00:06:35,061 --> 00:06:38,031 Was any gunshot residue found on my client's hands? 144 00:06:38,064 --> 00:06:39,900 No. 145 00:06:39,933 --> 00:06:42,168 To your knowledge, was a trace-metal test done 146 00:06:42,202 --> 00:06:44,170 to see if my client had even held a gun? 147 00:06:44,204 --> 00:06:46,807 The test came back negative, but it was two days later-- 148 00:06:46,840 --> 00:06:50,711 Thank you, sir. You said you picked my client out of a police lineup. 149 00:06:50,744 --> 00:06:52,713 -You recognized him? -Yes. 150 00:06:52,746 --> 00:06:54,715 In fact, you had met my client before, hadn't you? 151 00:06:54,748 --> 00:06:56,182 Once. 152 00:06:56,216 --> 00:06:59,119 You had responded to a domestic conflict before 153 00:06:59,152 --> 00:07:01,187 -at his residence? -Yes. 154 00:07:01,221 --> 00:07:03,123 When you saw my client in the police lineup, 155 00:07:03,156 --> 00:07:05,125 is it possible you recognized him 156 00:07:05,158 --> 00:07:06,927 because you had met him before? 157 00:07:06,960 --> 00:07:09,730 No, I recognized him both as a man I'd met before 158 00:07:09,763 --> 00:07:13,667 and as the man I saw fleeing the house the night of the shooting. 159 00:07:13,700 --> 00:07:17,203 -So the man was running out a side door. -Correct. 160 00:07:17,237 --> 00:07:20,006 -Toward the front of the house or the back? -The back. 161 00:07:20,040 --> 00:07:21,207 So he was running away from you? 162 00:07:21,241 --> 00:07:22,876 I got a good look at him. 163 00:07:22,909 --> 00:07:25,211 He was running away from you, sir, at night? 164 00:07:25,245 --> 00:07:27,213 I got a good look. 165 00:07:27,247 --> 00:07:30,483 Why were you playing out of position? 166 00:07:30,517 --> 00:07:32,619 What? 167 00:07:32,653 --> 00:07:36,489 That's the term when you're outside your assigned area. 168 00:07:39,059 --> 00:07:41,161 Call came in of a possible shooting. 169 00:07:41,194 --> 00:07:43,229 You said you were on it, 170 00:07:43,263 --> 00:07:45,165 but you were outside your patrol area. 171 00:07:45,198 --> 00:07:48,034 I wasn't that far outside my area. 172 00:07:48,068 --> 00:07:50,504 -You weren't the closest unit. -No. 173 00:07:50,537 --> 00:07:53,006 -Why'd you take the call? -I recognized the address. 174 00:07:53,039 --> 00:07:56,242 Why were you playing out of position, Officer? 175 00:07:57,911 --> 00:07:59,513 I don't remember. 176 00:08:01,181 --> 00:08:02,683 You don't remember. 177 00:08:08,021 --> 00:08:10,256 JIMMY: My client has been in drug programs. 178 00:08:10,290 --> 00:08:12,258 He's clean. He hasn't been using. 179 00:08:12,292 --> 00:08:14,260 He's willing to do community service 180 00:08:14,294 --> 00:08:15,796 upon release, Your Honor. 181 00:08:15,829 --> 00:08:18,131 In fact, it's something he wants to do. 182 00:08:18,164 --> 00:08:20,601 And the commonwealth is okay with six months? 183 00:08:20,634 --> 00:08:23,537 We feel it's a little light, but we're not opposing. 184 00:08:23,570 --> 00:08:25,205 All right. Step back. 185 00:08:27,841 --> 00:08:30,076 Mr. Babbit, please rise. Ahem. 186 00:08:30,110 --> 00:08:32,078 And before I sentence you, young man, 187 00:08:32,112 --> 00:08:34,014 I want to talk to you, 188 00:08:34,047 --> 00:08:36,550 not as a judge but as a teacher 189 00:08:36,583 --> 00:08:39,085 and, perhaps, as a friend. 190 00:08:39,119 --> 00:08:43,089 Now, I know that young men like you rarely have the benefit 191 00:08:43,123 --> 00:08:46,092 of a male influence in your community. 192 00:08:46,126 --> 00:08:52,098 Well, maybe for this one moment in this very special place 193 00:08:52,132 --> 00:08:56,637 I can be a father to you and a friend. 194 00:08:56,670 --> 00:09:00,273 I'd like to tell you a little story-- a true story. 195 00:09:00,306 --> 00:09:02,242 Now, many years ago 196 00:09:02,275 --> 00:09:05,311 a little child was born in the South-- 197 00:09:05,345 --> 00:09:08,281 Poor, hungry, black, 198 00:09:08,314 --> 00:09:10,651 no direction, 199 00:09:10,684 --> 00:09:15,121 and more than that, he was blind. 200 00:09:15,155 --> 00:09:16,957 But this boy had a gift. 201 00:09:16,990 --> 00:09:18,792 His gift was music. 202 00:09:18,825 --> 00:09:24,330 People loved to sit and listen to this boy play the piano. 203 00:09:24,364 --> 00:09:27,734 But like you, he had a monkey on his back-- 204 00:09:27,768 --> 00:09:30,203 the monkey of drug addiction. 205 00:09:30,236 --> 00:09:34,340 He was addicted to heroin. Lord God, he loved the needle. 206 00:09:34,374 --> 00:09:37,811 But you know what? Blind, black, 207 00:09:37,844 --> 00:09:39,345 addicted to drugs, 208 00:09:39,379 --> 00:09:42,816 he beat his monkey. 209 00:09:42,849 --> 00:09:44,618 Beat it, I tell you. 210 00:09:44,651 --> 00:09:49,022 And he went on to become a beloved American-- a hero-- 211 00:09:49,055 --> 00:09:52,025 a black, blind, American hero. 212 00:09:52,058 --> 00:09:55,962 And that man had a name, son. 213 00:09:55,996 --> 00:10:00,634 His name was Mr. Raymond Charles. 214 00:10:00,667 --> 00:10:03,369 Now, let this be the first day of the rest of your life, 215 00:10:03,403 --> 00:10:05,371 young soldier-- a drug-free life. 216 00:10:05,405 --> 00:10:09,710 Go forward to make this world a better place. 217 00:10:09,743 --> 00:10:11,712 (laughing) 218 00:10:18,084 --> 00:10:20,053 I'm sorry. 219 00:10:20,086 --> 00:10:21,855 I'm-- I'm sorry, Your Honor. 220 00:10:21,888 --> 00:10:26,392 -You think this is funny? -No, sir. 221 00:10:26,426 --> 00:10:30,130 Well, I'm not impressed with your disrespect, Mr. Babbit. 222 00:10:30,163 --> 00:10:33,199 Perhaps you're not quite ready to go back into the world. 223 00:10:33,233 --> 00:10:35,001 -Your Honor-- -Never mind, Mr. Berluti. 224 00:10:35,035 --> 00:10:38,038 The defendant is sentenced to 18 months at Cedar Junction. 225 00:10:38,071 --> 00:10:39,673 Eighteen months? 226 00:10:39,706 --> 00:10:41,808 Bailiff, take the defendant into custody. 227 00:10:41,842 --> 00:10:44,645 We're adjourned. 228 00:10:51,317 --> 00:10:52,886 Let's go. 229 00:11:03,329 --> 00:11:05,298 His personnel file? 230 00:11:05,331 --> 00:11:08,168 I see he's receiving psychiatric treatment. 231 00:11:08,201 --> 00:11:09,803 That would be totally privileged. 232 00:11:09,836 --> 00:11:11,805 Ordinarily, yes, but sometimes the courts 233 00:11:11,838 --> 00:11:13,874 have looked into the records of police officers 234 00:11:13,907 --> 00:11:15,876 when they're relevant to the case. 235 00:11:15,909 --> 00:11:17,477 And what would be the relevance here? 236 00:11:17,511 --> 00:11:19,379 I don't know, Your Honor, 237 00:11:19,412 --> 00:11:21,815 but you saw him up there. He's hiding something, 238 00:11:21,848 --> 00:11:23,884 and if there's anything in those files 239 00:11:23,917 --> 00:11:26,252 that goes to his credibility, I should be allowed access. 240 00:11:26,286 --> 00:11:27,821 You haven't made any showing, 241 00:11:27,854 --> 00:11:29,055 and you can't make any offer of proof 242 00:11:29,089 --> 00:11:31,057 that there is anything. 243 00:11:31,091 --> 00:11:32,793 Helen, come on. 244 00:11:32,826 --> 00:11:34,728 I just got this case with my morning cup of coffee, 245 00:11:34,761 --> 00:11:36,730 and I know Your Honor doesn't want to give 246 00:11:36,763 --> 00:11:39,700 this world-class citizen any grounds for appeal. 247 00:11:41,301 --> 00:11:44,270 I'll tell you what. I will look at the report. 248 00:11:44,304 --> 00:11:46,106 If I see anything that's relevant, 249 00:11:46,139 --> 00:11:48,108 I'll let you look. 250 00:11:48,141 --> 00:11:50,911 Otherwise, forget it. 251 00:11:56,249 --> 00:11:58,051 Taken out of context, 252 00:11:58,084 --> 00:11:59,520 it looks like an admission. 253 00:11:59,553 --> 00:12:01,354 It was in complete context. 254 00:12:01,387 --> 00:12:03,323 What's more, silence is admissible. 255 00:12:03,356 --> 00:12:05,325 Failure to respond to an accusation made against you 256 00:12:05,358 --> 00:12:07,193 can legally be considered an admission. 257 00:12:07,227 --> 00:12:08,995 First of all, that begs the conclusion 258 00:12:09,029 --> 00:12:10,997 that this was a voluntary communication. 259 00:12:11,031 --> 00:12:13,333 Did your client not get Miranda? 260 00:12:13,366 --> 00:12:16,202 He did, but he was in shock at the time. 261 00:12:16,236 --> 00:12:18,138 I have submitted to the court 262 00:12:18,171 --> 00:12:19,806 three psychiatric reports 263 00:12:19,840 --> 00:12:21,141 which question the voluntariness-- 264 00:12:21,174 --> 00:12:22,943 Oh, please, Mr. Donnell. 265 00:12:22,976 --> 00:12:25,345 Defense lawyers can hire psychiatrists all the time 266 00:12:25,378 --> 00:12:28,481 to proclaim he didn't know what he was saying. 267 00:12:28,515 --> 00:12:31,017 We have a man whose wife was found dead, 268 00:12:31,051 --> 00:12:33,019 and he was still trying to absorb that 269 00:12:33,053 --> 00:12:34,955 when the police suddenly handcuffed him. 270 00:12:34,988 --> 00:12:36,890 Next thing, he's in a room with the district attorney, 271 00:12:36,923 --> 00:12:39,059 a district attorney who now believes he's innocent, 272 00:12:39,092 --> 00:12:41,327 -by the way. -She never said that. 273 00:12:41,361 --> 00:12:45,231 It's too prejudicial to allow a jury to see it. It would bias them. 274 00:12:45,265 --> 00:12:47,433 What Mr. Donnell is saying is he doesn't trust juries. 275 00:12:47,467 --> 00:12:49,503 Well, that's the system of this country, 276 00:12:49,536 --> 00:12:51,905 and if it displeases him, perhaps he should move to Cuba. 277 00:12:51,938 --> 00:12:54,040 Mr. Bay, did you see the sign 278 00:12:54,074 --> 00:12:55,441 "Check your soapbox at the door"? 279 00:12:55,475 --> 00:12:57,043 No. 280 00:12:57,077 --> 00:12:58,579 Do I need to hang one? 281 00:12:58,612 --> 00:13:01,114 The bottom line question is 282 00:13:01,147 --> 00:13:03,984 whether the potential prejudice of this tape 283 00:13:04,017 --> 00:13:07,320 outweighs its probative value. 284 00:13:07,353 --> 00:13:09,990 The answer is yes. 285 00:13:10,023 --> 00:13:12,258 Let them try Scott Wallace on the evidence 286 00:13:12,292 --> 00:13:14,995 and the evidence alone, not an emotional breakdown 287 00:13:15,028 --> 00:13:17,998 which occurred in the wake of an unimaginable tragedy. 288 00:13:18,031 --> 00:13:20,000 This man is in a psychiatric ward 289 00:13:20,033 --> 00:13:21,868 as we speak. 290 00:13:21,902 --> 00:13:23,970 -How convenient. -You know what, Richard? 291 00:13:24,004 --> 00:13:28,374 All right. I've heard the arguments. I have your briefs. 292 00:13:28,408 --> 00:13:31,377 I'll take the matter under advisement, and I'll rule. 293 00:13:31,411 --> 00:13:34,948 Thank you both. 294 00:13:34,981 --> 00:13:38,418 It was totally, totally, totally my fault. 295 00:13:38,451 --> 00:13:40,954 I kept telling him not to laugh. 296 00:13:40,987 --> 00:13:43,156 I think I put so much pressure on him-- 297 00:13:43,189 --> 00:13:47,528 Why would you have to tell him not to laugh? 298 00:13:50,597 --> 00:13:53,233 Well, he gets extremely nervous, 299 00:13:53,266 --> 00:13:56,436 and laughing is a reaction he has. 300 00:13:56,469 --> 00:13:58,438 That's why. I was so afraid 301 00:13:58,471 --> 00:14:01,107 he might get nervous and laugh here, 302 00:14:01,141 --> 00:14:05,311 I kept hounding him, and I just made it worse. 303 00:14:05,345 --> 00:14:08,381 He wasn't laughing at what you were saying, Your Honor, 304 00:14:08,414 --> 00:14:10,116 I promise you. 305 00:14:10,150 --> 00:14:12,118 He sure seemed to be. 306 00:14:12,152 --> 00:14:13,554 He's a nervous kid. 307 00:14:13,587 --> 00:14:15,221 He's facing jail. 308 00:14:15,255 --> 00:14:17,490 Who's going to laugh at that? 309 00:14:17,524 --> 00:14:20,561 To triple his sentence-- 310 00:14:20,594 --> 00:14:23,597 Please, Your Honor. 311 00:14:25,532 --> 00:14:29,435 All right. 312 00:14:29,469 --> 00:14:31,437 I'll have him brought back in. 313 00:14:31,471 --> 00:14:33,574 We can re-sentence, 314 00:14:33,607 --> 00:14:37,443 but I am giving you and your client a break, 315 00:14:37,477 --> 00:14:39,445 Mr. Berluti. 316 00:14:39,479 --> 00:14:40,914 I understand that, 317 00:14:40,947 --> 00:14:43,349 and I'm very grateful, Judge. 318 00:14:45,952 --> 00:14:47,588 My medical file? 319 00:14:47,621 --> 00:14:50,090 If the judge thinks there's nothing relevant, 320 00:14:50,123 --> 00:14:52,258 they'll stay sealed. 321 00:14:54,194 --> 00:14:56,362 What's wrong? 322 00:14:56,396 --> 00:15:00,333 I've been married 17 years. I have kids! 323 00:15:00,366 --> 00:15:02,468 Paul, what's the matter? 324 00:15:05,672 --> 00:15:06,707 I... 325 00:15:06,740 --> 00:15:08,575 What's in the file? 326 00:15:15,549 --> 00:15:17,250 I'm gay. 327 00:15:23,389 --> 00:15:26,259 When he said, "playing out of position," 328 00:15:26,292 --> 00:15:29,095 I thought for a second he knew. 329 00:15:29,129 --> 00:15:32,098 So I froze up there on the stand. 330 00:15:35,569 --> 00:15:38,038 It is totally irrelevant. 331 00:15:38,071 --> 00:15:40,373 That's my call, actually, but thanks for your input. 332 00:15:40,406 --> 00:15:42,375 Well, I'm not so sure it is irrelevant. 333 00:15:42,408 --> 00:15:44,377 If this situation caused stress-- 334 00:15:44,410 --> 00:15:46,246 -Well, it didn't. -...which affected job performance-- 335 00:15:46,279 --> 00:15:47,981 That's what it seems to suggest. 336 00:15:48,014 --> 00:15:50,050 His sexual orientation did not impair his ability 337 00:15:50,083 --> 00:15:51,985 to make an I. D. of a fleeing suspect, Eugene. 338 00:15:52,018 --> 00:15:53,987 Helen, this whole case 339 00:15:54,020 --> 00:15:55,722 turns on the credibility of this officer. 340 00:15:55,756 --> 00:15:57,390 If he was dealing with severe stress, 341 00:15:57,423 --> 00:15:59,125 I have to be allowed to cross-examine him. 342 00:15:59,159 --> 00:16:00,994 -First, this is so collateral. -I disagree. 343 00:16:01,027 --> 00:16:03,063 And second, it will ruin the man's life. 344 00:16:03,096 --> 00:16:04,531 And a conviction ruins another man's life. 345 00:16:04,565 --> 00:16:07,067 You really want to go down that path? 346 00:16:07,100 --> 00:16:09,536 Your Honor, you want to take me off this case, fine. 347 00:16:09,570 --> 00:16:12,005 -You will be despicable. -But as long as I'm on it-- 348 00:16:12,038 --> 00:16:13,540 I don't need that. 349 00:16:13,574 --> 00:16:15,275 All right. I will let you introduce 350 00:16:15,308 --> 00:16:16,743 that he was receiving 351 00:16:16,777 --> 00:16:18,411 psychiatric treatment for stress. 352 00:16:18,444 --> 00:16:20,446 The cause of that stress is off-limits. 353 00:16:20,480 --> 00:16:22,148 I'd like to read the report. 354 00:16:22,182 --> 00:16:24,551 Denied, and, Eugene, you are not to even share 355 00:16:24,585 --> 00:16:26,419 this information with your client. 356 00:16:26,452 --> 00:16:28,221 I don't think you can order that. 357 00:16:28,254 --> 00:16:29,990 I just did. 358 00:16:35,128 --> 00:16:37,097 So, how are you feeling? 359 00:16:37,130 --> 00:16:38,765 I'm feeling better, Bobby. 360 00:16:38,799 --> 00:16:39,766 You look better. 361 00:16:39,800 --> 00:16:41,067 I'm feeling good. 362 00:16:41,101 --> 00:16:43,036 No more spots? 363 00:16:43,069 --> 00:16:45,205 I want her to get you a couple of new suits 364 00:16:45,238 --> 00:16:46,673 for trial, so she'll need to take some measurements. 365 00:16:46,707 --> 00:16:49,075 This time I testify, right? 366 00:16:49,109 --> 00:16:52,345 Well, let's see how the ruling goes on the videotape, 367 00:16:52,378 --> 00:16:54,548 but hopefully, you'll testify, yes. 368 00:16:54,581 --> 00:16:57,083 You got any good news? 369 00:16:57,117 --> 00:17:00,186 All they give you here is Jell-O, damn it. 370 00:17:05,325 --> 00:17:08,294 Second trials typically favor the defendant. 371 00:17:08,328 --> 00:17:10,764 There won't be any surprises this time, Scott. 372 00:17:10,797 --> 00:17:13,233 We'll be ready for Kyle Barrett. 373 00:17:13,266 --> 00:17:16,637 Good. Excellent. 374 00:17:16,670 --> 00:17:20,140 Good. 375 00:17:21,675 --> 00:17:24,310 BABBIT: And I just want to apologize to the court 376 00:17:24,344 --> 00:17:26,312 if I showed any disrespect. 377 00:17:26,346 --> 00:17:28,582 It wasn't my intent to offend you. 378 00:17:28,615 --> 00:17:30,584 I understand from your attorney 379 00:17:30,617 --> 00:17:32,853 that you couldn't control yourself? 380 00:17:32,886 --> 00:17:34,120 That's right. 381 00:17:34,154 --> 00:17:37,323 All right. 382 00:17:37,357 --> 00:17:39,760 But before I re-sentence you, 383 00:17:39,793 --> 00:17:42,195 I'd like to tell you a little story 384 00:17:42,228 --> 00:17:47,200 about a woman, who like you, lacked control sometimes. 385 00:17:47,233 --> 00:17:49,135 Like you, she had an addiction. 386 00:17:49,169 --> 00:17:52,138 Her addiction was gambling. 387 00:17:52,172 --> 00:17:54,340 Like you, she wanted the fast life 388 00:17:54,374 --> 00:17:56,342 with fast cars, 389 00:17:56,376 --> 00:17:58,812 but she only got those things when she learned 390 00:17:58,845 --> 00:18:02,348 to control herself and beat her addiction 391 00:18:02,382 --> 00:18:04,751 when she learned to work hard, 392 00:18:04,785 --> 00:18:07,220 and she did work hard, young man. 393 00:18:07,253 --> 00:18:10,356 She had the voice of an angel, 394 00:18:10,390 --> 00:18:15,228 and with her golden voice and hard work, 395 00:18:15,261 --> 00:18:19,833 she, too, beat her monkey, 396 00:18:19,866 --> 00:18:23,904 and that woman had a name, son. 397 00:18:23,937 --> 00:18:26,773 Her name was... 398 00:18:26,807 --> 00:18:30,376 Miss Gladys Knight! 399 00:18:30,410 --> 00:18:31,477 Ha ha! 400 00:18:33,814 --> 00:18:35,415 I'm sorry. 401 00:18:36,950 --> 00:18:39,385 I was thinking of something else. 402 00:18:39,419 --> 00:18:40,754 Me, too, I promise. 403 00:18:45,626 --> 00:18:49,462 The defendant is hereby sentenced to 12 months 404 00:18:49,495 --> 00:18:51,397 on each count, 405 00:18:51,431 --> 00:18:53,534 the sentences to run consecutively. 406 00:18:53,567 --> 00:18:55,435 Two years? 407 00:18:55,468 --> 00:18:57,504 Bailiff, take the defendant into custody. 408 00:18:57,538 --> 00:18:59,205 We're adjourned. 409 00:19:17,257 --> 00:19:19,259 He can't introduce it. He can only put it in 410 00:19:19,292 --> 00:19:21,562 that you were undergoing treatment for stress. 411 00:19:21,595 --> 00:19:24,264 I've testified before. These lawyers trick you. 412 00:19:24,297 --> 00:19:26,266 What if he twists one of my answers 413 00:19:26,299 --> 00:19:27,801 and says I opened the door? 414 00:19:27,834 --> 00:19:30,604 I will protect you. You have my word. 415 00:19:30,637 --> 00:19:32,739 This Eugene Young has a reputation. 416 00:19:32,773 --> 00:19:35,408 What does he care if it's called a mistrial? 417 00:19:35,441 --> 00:19:37,678 For him, he'll do anything. 418 00:19:37,711 --> 00:19:39,445 Paul, within the law. 419 00:19:39,479 --> 00:19:41,748 Judge Kittleson was very clear in her ruling. 420 00:19:41,782 --> 00:19:43,750 Mr. Young will abide by it. 421 00:19:43,784 --> 00:19:45,952 Listen... 422 00:19:45,986 --> 00:19:48,655 you just answer, 423 00:19:48,689 --> 00:19:51,491 "Yes, I suffered from stress, and I sought treatment. 424 00:19:51,525 --> 00:19:53,894 It didn't affect me that night." 425 00:19:53,927 --> 00:19:57,497 Keep it as simple as that, but do not-- Do not lie, 426 00:19:57,531 --> 00:19:59,833 because then he can get in the other stuff 427 00:19:59,866 --> 00:20:01,502 through impeachment. 428 00:20:01,535 --> 00:20:03,837 Just answer the questions, don't elaborate, 429 00:20:03,870 --> 00:20:06,673 and I will protect you. 430 00:20:18,685 --> 00:20:22,656 I have read both your briefs. 431 00:20:22,689 --> 00:20:24,991 I also watched the videotape again, 432 00:20:25,025 --> 00:20:28,529 and it is my conclusion... 433 00:20:28,562 --> 00:20:31,665 Judge Wolfe erred. 434 00:20:31,698 --> 00:20:34,801 Allowing the tape in for impeachment purposes-- 435 00:20:34,835 --> 00:20:37,671 His legal rationale escapes me. 436 00:20:37,704 --> 00:20:41,742 This tape is outright admissible altogether. 437 00:20:41,775 --> 00:20:46,412 I'm permitting prosecution to use it as evidence. 438 00:20:46,446 --> 00:20:48,414 Mr. Donnell, if you think 439 00:20:48,448 --> 00:20:50,751 the statements or conduct of Mr. Wallace 440 00:20:50,784 --> 00:20:53,620 were a result of shock or trauma, 441 00:20:53,654 --> 00:20:56,623 you're free to raise that in your defense. 442 00:20:56,657 --> 00:20:58,692 That is all. 443 00:20:58,725 --> 00:21:01,494 The trial will begin next Tuesday at 9:00 A. M. 444 00:21:01,528 --> 00:21:02,729 We're adjourned. 445 00:21:09,670 --> 00:21:11,938 You'll get our witness list by the end of the day. 446 00:21:11,972 --> 00:21:13,607 I don't expect it to change. 447 00:21:13,640 --> 00:21:15,341 The transcripts are in. 448 00:21:15,375 --> 00:21:16,577 I'll have copies sent over. 449 00:21:16,610 --> 00:21:17,811 Thanks. 450 00:21:21,782 --> 00:21:24,518 I want to file a writ. If that tape-- 451 00:21:24,551 --> 00:21:26,853 Bobby, it was the right ruling. 452 00:21:26,887 --> 00:21:28,454 I should at least try. 453 00:21:28,488 --> 00:21:30,456 No, you shouldn't. We have six days 454 00:21:30,490 --> 00:21:33,059 to get ready for trial. You can't waste time on writs. 455 00:21:33,093 --> 00:21:34,928 Let's focus on what we can win now. 456 00:21:34,961 --> 00:21:36,763 You start preparing the psychiatric experts. 457 00:21:36,797 --> 00:21:38,832 I'll go over the transcripts with Ellenor. 458 00:21:42,903 --> 00:21:44,805 I'm obviously pleased with the ruling. 459 00:21:44,838 --> 00:21:47,407 The commonwealth has always felt that the statement 460 00:21:47,440 --> 00:21:49,610 was a de facto admission and that it was evidence. 461 00:21:49,643 --> 00:21:51,678 I'm satisfied that a jury 462 00:21:51,712 --> 00:21:54,414 will now get to consider that evidence. That is all. 463 00:21:54,447 --> 00:21:55,682 REPORTERS: Mr. Bay... 464 00:21:55,716 --> 00:21:58,018 MAN: This way, Mr. Bay. 465 00:21:58,051 --> 00:21:59,720 Can I get a picture, Mr. Bay? 466 00:22:02,589 --> 00:22:06,359 Officer Brewer, have you ever made arrests 467 00:22:06,392 --> 00:22:08,695 where the district attorneys have refused to prosecute? 468 00:22:08,729 --> 00:22:11,598 -Of course. -How many times? 469 00:22:11,632 --> 00:22:12,733 I'm not sure. 470 00:22:12,766 --> 00:22:14,467 -More than five? -Yes. 471 00:22:14,500 --> 00:22:16,036 More than 10? 472 00:22:16,069 --> 00:22:17,137 Sometimes there's insufficient evidence-- 473 00:22:17,170 --> 00:22:18,672 More than 20? 474 00:22:18,705 --> 00:22:20,040 Objection. What's the point of this? 475 00:22:20,073 --> 00:22:22,008 The point is this officer sometimes claims 476 00:22:22,042 --> 00:22:23,944 a crime has been committed, 477 00:22:23,977 --> 00:22:25,912 only to have the D. A. say otherwise. 478 00:22:25,946 --> 00:22:27,748 A district attorney's decision to dismiss 479 00:22:27,781 --> 00:22:30,150 often turns on the prospect of getting a conviction. 480 00:22:30,183 --> 00:22:32,919 It's not about overruling the arresting police officer. 481 00:22:32,953 --> 00:22:35,556 Well, sometimes it does involve the honesty of the officer, 482 00:22:35,589 --> 00:22:37,157 and that's what I'm trying to explore. 483 00:22:37,190 --> 00:22:38,892 I'll allow it. 484 00:22:38,925 --> 00:22:41,762 Officer Brewer, how are you on the issue of honesty? 485 00:22:41,795 --> 00:22:43,564 What is that supposed to mean? 486 00:22:43,597 --> 00:22:45,632 Are you an honest person, sir? 487 00:22:45,666 --> 00:22:47,500 Objection. Sounds like badgering. 488 00:22:47,534 --> 00:22:49,435 Every witness, by testifying, 489 00:22:49,469 --> 00:22:51,905 puts his credibility in issue, and I'm allowed to explore 490 00:22:51,938 --> 00:22:54,040 this man's reputation for truthfulness. 491 00:22:54,074 --> 00:22:56,009 The objection is overruled. 492 00:22:56,042 --> 00:22:58,111 Do you consider yourself to be a truthful person, sir? 493 00:22:58,144 --> 00:22:59,646 Yes. 494 00:22:59,680 --> 00:23:00,947 You live a truthful life? 495 00:23:00,981 --> 00:23:02,649 -Objection. -Sustained. 496 00:23:02,683 --> 00:23:04,585 Are you receiving psychiatric treatment, Officer? 497 00:23:04,618 --> 00:23:06,119 Yes. 498 00:23:06,152 --> 00:23:09,656 Does one of the issues for which you are receiving treatment 499 00:23:09,690 --> 00:23:11,925 concern your ability to be truthful? 500 00:23:11,958 --> 00:23:13,093 Objection. 501 00:23:13,126 --> 00:23:15,862 Overruled. 502 00:23:15,896 --> 00:23:17,163 It's beyond the scope-- 503 00:23:17,197 --> 00:23:18,532 I'll allow it. 504 00:23:20,534 --> 00:23:22,603 Do you have trouble being truthful? 505 00:23:25,171 --> 00:23:26,673 I'll repeat the question, sir. 506 00:23:26,707 --> 00:23:29,442 Do you have trouble being truthful? 507 00:23:29,475 --> 00:23:31,678 Yes. 508 00:23:31,712 --> 00:23:34,848 In fact, you lie every day, don't you, Officer? 509 00:23:34,881 --> 00:23:36,917 Yes. 510 00:23:36,950 --> 00:23:39,653 One of the reasons you sought psychiatric treatment 511 00:23:39,686 --> 00:23:42,956 is you were afraid your lying caused you such stress 512 00:23:42,989 --> 00:23:45,191 that it, perhaps, started to affect your job. 513 00:23:45,225 --> 00:23:49,062 Isn't that right, Officer? 514 00:23:49,095 --> 00:23:50,897 Did you not hear the question, sir? I can repeat it. 515 00:23:50,931 --> 00:23:52,599 I heard the question. 516 00:23:55,035 --> 00:23:56,469 The answer is yes. 517 00:23:58,972 --> 00:24:03,209 Thank you, Officer. I have nothing further. 518 00:24:14,888 --> 00:24:17,758 Mr. Beluti, I'm not interested. 519 00:24:17,791 --> 00:24:21,094 Your Honor, one second he's about to get six months, 520 00:24:21,127 --> 00:24:24,197 now he'll do two years? You know that isn't right. 521 00:24:24,230 --> 00:24:26,199 Well, maybe next time that will mitigate your amusement when-- 522 00:24:26,232 --> 00:24:28,034 I apologize. 523 00:24:28,068 --> 00:24:31,772 Apology accepted, but the sentence stands. 524 00:24:33,674 --> 00:24:36,677 It's one thing to exercise discretion. 525 00:24:36,710 --> 00:24:39,713 It's another to flaunt your ego, and this-- 526 00:24:39,746 --> 00:24:42,649 Mr. Berluti, you are two seconds from contempt. 527 00:24:42,683 --> 00:24:44,885 And before you go skulking out of here, 528 00:24:44,918 --> 00:24:46,887 thinking of me as the bad judge, 529 00:24:46,920 --> 00:24:51,257 keep in mind that I was about to help your client, 530 00:24:51,291 --> 00:24:53,126 not only with a lesser sentence, 531 00:24:53,159 --> 00:24:56,196 but also with some advice that could help his life. 532 00:24:56,229 --> 00:24:58,665 Now, you defense attorneys get them off. 533 00:24:58,699 --> 00:25:00,266 What do they do? 534 00:25:00,300 --> 00:25:03,604 They go right back out and commit another crime. 535 00:25:03,637 --> 00:25:06,673 I try to reach them, and I do. 536 00:25:06,707 --> 00:25:08,609 I tried to reach your client, 537 00:25:08,642 --> 00:25:10,811 to offer his life some direction 538 00:25:10,844 --> 00:25:13,079 like I have with so many before him, 539 00:25:13,113 --> 00:25:14,948 and he laughed, 540 00:25:14,981 --> 00:25:17,818 as did his attorney. 541 00:25:17,851 --> 00:25:20,987 Maybe it's your ego that needs adjustment. 542 00:25:29,029 --> 00:25:32,298 I laughed because I've heard the Ray Charles story 543 00:25:32,332 --> 00:25:34,034 a zillion times, 544 00:25:34,067 --> 00:25:36,302 as have all the lawyers who appear before you. 545 00:25:36,336 --> 00:25:38,839 We all tell our clients it's funny. 546 00:25:38,872 --> 00:25:40,841 We all tell them not to laugh. 547 00:25:40,874 --> 00:25:43,710 We're all afraid they might laugh 548 00:25:43,744 --> 00:25:45,879 because it's so ridiculous. 549 00:25:51,752 --> 00:25:53,654 It's a joke, Your Honor. 550 00:25:53,687 --> 00:25:56,590 Poor, black, blind. 551 00:25:56,623 --> 00:25:58,592 "This man had a name, son." 552 00:25:58,625 --> 00:26:02,796 It's paternalistic, insulting, 553 00:26:02,829 --> 00:26:05,666 and all the lawyers laugh at you. 554 00:26:05,699 --> 00:26:08,802 I just made the mistake of doing it in the room. 555 00:26:08,835 --> 00:26:11,271 If that buys me a jail cell for contempt, 556 00:26:11,304 --> 00:26:13,139 so be it, 557 00:26:13,173 --> 00:26:15,676 but that's what's going on. 558 00:26:15,709 --> 00:26:18,945 You're naive to think you reach defendants, 559 00:26:18,979 --> 00:26:21,615 and if you punish them out of anger, 560 00:26:21,648 --> 00:26:25,051 you're also a bad judge. 561 00:26:28,388 --> 00:26:32,125 Mr. Berluti, I will ask you once again 562 00:26:32,158 --> 00:26:35,228 to leave my chambers. 563 00:26:39,232 --> 00:26:43,036 I'm filing a motion for reconsideration anyway, 564 00:26:43,069 --> 00:26:45,105 even though I can't stop you 565 00:26:45,138 --> 00:26:47,340 from doing what you're going to do. 566 00:26:55,949 --> 00:26:58,284 (door closes) 567 00:26:58,318 --> 00:27:00,654 You said you would protect me! 568 00:27:00,687 --> 00:27:02,355 Everything he asked was arguably within the proper scope. 569 00:27:02,388 --> 00:27:03,824 I tried to shut him down-- 570 00:27:03,857 --> 00:27:06,126 You said you would protect me! 571 00:27:06,159 --> 00:27:08,294 Well, I couldn't! 572 00:27:08,328 --> 00:27:11,865 Listen, Eugene Young is a very smart lawyer. 573 00:27:11,898 --> 00:27:14,267 He doesn't want the jury to know that you're gay 574 00:27:14,300 --> 00:27:16,937 or what the lie is actually about. 575 00:27:16,970 --> 00:27:21,675 He knows the jury would just dismiss it as irrelevant. 576 00:27:21,708 --> 00:27:26,880 Look, I'd like to introduce what you're untruthful about. 577 00:27:26,913 --> 00:27:28,782 Excuse me? 578 00:27:28,815 --> 00:27:31,685 Paul, if we don't fill in some of the blanks 579 00:27:31,718 --> 00:27:33,219 for the jury, 580 00:27:33,253 --> 00:27:35,689 your credibility is shot with them. 581 00:27:35,722 --> 00:27:38,158 If we tell them what Eugene is talking about, 582 00:27:38,191 --> 00:27:40,360 they'll know you're not dishonest. 583 00:27:40,393 --> 00:27:42,829 And my family will know I'm gay, 584 00:27:42,863 --> 00:27:45,365 my partners will know, my life, my career-- 585 00:27:45,398 --> 00:27:48,168 You're basically the only witness we have. 586 00:27:48,201 --> 00:27:50,704 If we don't re-establish your credibility, 587 00:27:50,737 --> 00:27:52,706 I can't convict here. 588 00:27:55,909 --> 00:27:57,844 Paul, the guy shot and killed a woman. 589 00:28:00,747 --> 00:28:04,050 No. 590 00:28:04,084 --> 00:28:05,919 I can't do what you're asking me to do. 591 00:28:05,952 --> 00:28:08,789 Well, I don't need your consent, really. 592 00:28:08,822 --> 00:28:10,757 I'll figure out a way to get it on redirect 593 00:28:10,791 --> 00:28:11,858 if I have to. 594 00:28:13,426 --> 00:28:15,061 You're gonna out me, Miss Campbell? 595 00:28:15,095 --> 00:28:16,797 I don't know if I have a choice. 596 00:28:16,830 --> 00:28:19,499 Yeah, you do have a choice, and so do I. 597 00:28:19,533 --> 00:28:21,334 If you-- 598 00:28:21,367 --> 00:28:23,469 I'll recant. I'll say it wasn't the defendant 599 00:28:23,504 --> 00:28:25,205 I saw that night. 600 00:28:25,238 --> 00:28:27,307 No, you won't, Paul. You're an honest man. 601 00:28:27,340 --> 00:28:30,476 No, I think Mr. Young established quite clearly 602 00:28:30,511 --> 00:28:31,745 that I'm not. 603 00:28:31,778 --> 00:28:33,146 If you commit perjury, 604 00:28:33,179 --> 00:28:35,381 your life and career truly might be over. 605 00:28:35,415 --> 00:28:38,151 I'll make my life decisions. 606 00:28:39,886 --> 00:28:41,755 And I'll make mine. 607 00:29:00,541 --> 00:29:02,242 And I would submit to the court 608 00:29:02,275 --> 00:29:03,777 given all the circumstances 609 00:29:03,810 --> 00:29:05,846 and especially that the commonwealth 610 00:29:05,879 --> 00:29:08,448 and the defense have submitted a joint recommendation-- 611 00:29:08,481 --> 00:29:11,384 That's all it is, Mr. Berluti-- 612 00:29:11,417 --> 00:29:13,119 A recommendation 613 00:29:13,153 --> 00:29:16,122 either for the judge to accept or reject. 614 00:29:16,156 --> 00:29:18,525 I have chosen to reject it, 615 00:29:18,559 --> 00:29:20,794 and I find myself very annoyed 616 00:29:20,827 --> 00:29:24,264 that you are back before this bench with nothing new. 617 00:29:24,297 --> 00:29:26,332 If you have nothing new to tell me, 618 00:29:26,366 --> 00:29:28,802 this hearing is over. 619 00:29:28,835 --> 00:29:31,805 What's new, in addition to appearing 620 00:29:31,838 --> 00:29:33,273 as counsel for the defendant, 621 00:29:33,306 --> 00:29:35,909 I am here as an officer of this court. 622 00:29:35,942 --> 00:29:38,845 I am standing up for the integrity of this room. 623 00:29:38,879 --> 00:29:41,081 You were prepared to issue one sentence, 624 00:29:41,114 --> 00:29:43,449 then gave another because you got angry. 625 00:29:43,483 --> 00:29:46,152 You're entitled to belittle yourself as a man 626 00:29:46,186 --> 00:29:47,854 and as a judge, 627 00:29:47,888 --> 00:29:49,823 but when you belittle this room 628 00:29:49,856 --> 00:29:51,391 by abusing your discretion, 629 00:29:51,424 --> 00:29:53,894 I'm entitled to have something to say about it. 630 00:29:55,962 --> 00:29:58,565 Is that all? 631 00:30:01,635 --> 00:30:04,170 No, sir, it is not. 632 00:30:05,639 --> 00:30:08,141 I want to speak to you, 633 00:30:08,174 --> 00:30:12,478 not simply as a lawyer, but as a friend. 634 00:30:12,513 --> 00:30:15,148 There was this judge. 635 00:30:15,181 --> 00:30:17,618 She wasn't very judge-like at all. 636 00:30:17,651 --> 00:30:20,020 She had terrible manners. 637 00:30:20,053 --> 00:30:22,488 She rambled on the bench. 638 00:30:22,523 --> 00:30:24,157 She had a big mouth, 639 00:30:24,190 --> 00:30:26,359 and she was obnoxious, 640 00:30:26,392 --> 00:30:29,229 and she had an ego. 641 00:30:29,262 --> 00:30:30,564 Lord, she had an ego 642 00:30:30,597 --> 00:30:32,566 just like you, Your Honor. 643 00:30:32,599 --> 00:30:34,367 She also had a gift. 644 00:30:34,400 --> 00:30:36,903 She had the voice of a crow, 645 00:30:36,937 --> 00:30:40,306 and she beat her monkey. 646 00:30:40,340 --> 00:30:42,308 She relished being obnoxious. 647 00:30:42,342 --> 00:30:44,578 She was proud of mistreating people, 648 00:30:44,611 --> 00:30:47,514 and she used her ego and her crow-like voice 649 00:30:47,548 --> 00:30:50,183 to make millions of dollars, 650 00:30:50,216 --> 00:30:53,520 and she had a name, Your Honor. 651 00:30:53,554 --> 00:30:56,189 Her name... 652 00:30:56,222 --> 00:30:58,592 was Judge Judy. 653 00:30:58,625 --> 00:31:00,226 (stifled laughter) 654 00:31:15,241 --> 00:31:17,544 Mr. Berluti, 655 00:31:17,578 --> 00:31:19,980 you are in contempt of court. 656 00:31:21,381 --> 00:31:24,184 Bailiff, take him into custody. 657 00:31:29,255 --> 00:31:31,692 Officer, how many times have you testified 658 00:31:31,725 --> 00:31:33,426 in criminal proceedings? 659 00:31:33,459 --> 00:31:35,428 Probably over 40. 660 00:31:35,461 --> 00:31:36,697 Have you ever been accused of perjury? 661 00:31:36,730 --> 00:31:38,031 No. 662 00:31:38,064 --> 00:31:39,700 Ever had a case of yours thrown out 663 00:31:39,733 --> 00:31:41,935 because of unreliable testimony on your part? 664 00:31:41,968 --> 00:31:44,037 Not one. 665 00:31:44,070 --> 00:31:47,107 You also testified that you see a psychiatrist. 666 00:31:47,140 --> 00:31:48,241 Yes. 667 00:31:48,274 --> 00:31:49,643 Do your supervisors know about it? 668 00:31:49,676 --> 00:31:51,377 My watch commander does. 669 00:31:51,411 --> 00:31:53,379 Has he changed your assignments because of it? 670 00:31:53,413 --> 00:31:55,381 -Put you on desk? -No. 671 00:31:55,415 --> 00:31:57,718 You admitted to Mr. Young that you lie almost every day. 672 00:31:57,751 --> 00:32:01,454 About a personal matter, yes. 673 00:32:01,487 --> 00:32:03,990 Did it affect your work on this particular case? 674 00:32:04,024 --> 00:32:05,358 No. 675 00:32:05,391 --> 00:32:06,993 Did you lie about what happened 676 00:32:07,027 --> 00:32:08,595 the night Tasha Cooper was killed? 677 00:32:08,629 --> 00:32:10,263 No, I did not. 678 00:32:10,296 --> 00:32:12,065 Have you ever lied in your capacity 679 00:32:12,098 --> 00:32:13,534 as a police officer? 680 00:32:13,567 --> 00:32:16,002 No, I have not. 681 00:32:16,036 --> 00:32:18,204 When it comes to making observations, 682 00:32:18,238 --> 00:32:19,640 making arrests, 683 00:32:19,673 --> 00:32:21,742 giving testimony about those arrests, 684 00:32:21,775 --> 00:32:25,078 do you consider yourself to be a truthful person? 685 00:32:25,111 --> 00:32:27,981 Yes, I do. 686 00:32:44,030 --> 00:32:46,232 Who was the man 687 00:32:46,266 --> 00:32:48,034 you saw fleeing the house that night? 688 00:32:49,435 --> 00:32:54,340 That man there-- The defendant. 689 00:33:00,080 --> 00:33:02,248 Thank you, Officer. 690 00:33:04,484 --> 00:33:06,987 I have nothing further. 691 00:33:19,465 --> 00:33:22,736 It's a setback. I won't kid you. 692 00:33:22,769 --> 00:33:25,105 Is this judge going to go against us? 693 00:33:25,138 --> 00:33:26,740 No, she's extremely fair. 694 00:33:26,773 --> 00:33:28,408 She won't do us any favors, 695 00:33:28,441 --> 00:33:31,678 but this case won't be decided by her. 696 00:33:31,712 --> 00:33:35,081 This time you will have to testify. 697 00:33:35,115 --> 00:33:37,584 -I'm ready. -I can handle all the witnesses. 698 00:33:37,618 --> 00:33:40,053 We're in good shape there, but that videotape 699 00:33:40,086 --> 00:33:42,656 and your response to it on the stand-- 700 00:33:42,689 --> 00:33:44,791 That's what will decide this case. 701 00:33:44,825 --> 00:33:46,660 Well, I have better focus now, Bobby. 702 00:33:46,693 --> 00:33:49,663 I mean, before I was still in grief, you know? 703 00:33:49,696 --> 00:33:52,733 I couldn't believe she was gone. 704 00:33:52,766 --> 00:33:57,203 But now when I think of what she did-- 705 00:33:57,237 --> 00:34:01,608 I mean, killing herself right after we had a fight-- 706 00:34:01,642 --> 00:34:04,344 I mean, that was an angry act, Bobby. 707 00:34:04,377 --> 00:34:06,346 I mean, that wasn't depression. 708 00:34:06,379 --> 00:34:08,481 She was doing it to me. 709 00:34:08,515 --> 00:34:10,817 That was hateful, 710 00:34:10,851 --> 00:34:12,753 and right now I hate her. 711 00:34:12,786 --> 00:34:14,420 Scott. 712 00:34:14,454 --> 00:34:16,422 I hate her, and I'm not going to lie 713 00:34:16,456 --> 00:34:18,559 in some wallow any longer. 714 00:34:18,592 --> 00:34:22,262 Everything is easier now being angry at her. 715 00:34:22,295 --> 00:34:25,832 I have my focus back. 716 00:34:25,866 --> 00:34:28,201 I hate her. 717 00:34:38,612 --> 00:34:42,783 One eyewitness who sees a man at night from the side 718 00:34:42,816 --> 00:34:44,317 running away from him. 719 00:34:44,350 --> 00:34:45,552 Could he describe him? 720 00:34:45,586 --> 00:34:48,388 Black, medium build. 721 00:34:48,421 --> 00:34:50,857 No clothes, no distinguishing characteristics-- 722 00:34:50,891 --> 00:34:52,859 Just black, medium build. 723 00:34:52,893 --> 00:34:55,395 A black man in the dark running away 724 00:34:55,428 --> 00:34:56,730 three, four seconds, 725 00:34:56,763 --> 00:34:59,265 but he got a good look. 726 00:34:59,299 --> 00:35:01,635 Now, we all know what happened here. 727 00:35:01,668 --> 00:35:04,437 That man saw somebody running. He then sees the wife dead, 728 00:35:04,470 --> 00:35:06,206 figures it must have been the husband 729 00:35:06,239 --> 00:35:07,808 he saw going out the door. 730 00:35:07,841 --> 00:35:10,611 He then picks the husband out of a lineup, 731 00:35:10,644 --> 00:35:12,879 but that was easy 732 00:35:12,913 --> 00:35:15,849 because he had met the husband before. 733 00:35:15,882 --> 00:35:19,820 No weapon, no gunshot residue on my client's hands, 734 00:35:19,853 --> 00:35:22,488 nothing to suggest he had even held a gun, 735 00:35:22,523 --> 00:35:24,157 much less fired one. 736 00:35:24,190 --> 00:35:26,660 That police officer made a guess, 737 00:35:26,693 --> 00:35:28,829 and he's sticking by his hunch. 738 00:35:28,862 --> 00:35:30,664 That's what this is, and we all know it. 739 00:35:30,697 --> 00:35:34,601 One three-second I.D. in the dark by a self-confessed liar-- 740 00:35:34,635 --> 00:35:37,470 That isn't proof. 741 00:35:37,504 --> 00:35:40,173 Their whole case comes down to the say-so 742 00:35:40,206 --> 00:35:42,643 of a man receiving psychiatric treatment 743 00:35:42,676 --> 00:35:46,412 to deal with stress caused by his inability 744 00:35:46,446 --> 00:35:48,248 to tell the truth. 745 00:35:50,383 --> 00:35:52,352 Do I really need to stand here 746 00:35:52,385 --> 00:35:54,655 and tell you there's reasonable doubt? 747 00:35:56,790 --> 00:35:58,892 No other prints, 748 00:35:58,925 --> 00:36:03,196 no DNA, no physical or testimonial evidence 749 00:36:03,229 --> 00:36:06,833 to even suggest that anyone else was in that house that night. 750 00:36:06,867 --> 00:36:09,402 No other cars in the area. 751 00:36:09,435 --> 00:36:12,506 The intruder fled on foot. 752 00:36:12,539 --> 00:36:15,441 It was that man fleeing the house. 753 00:36:15,475 --> 00:36:17,377 Officer Brewer saw him. 754 00:36:17,410 --> 00:36:19,513 He was unequivocal in that. 755 00:36:19,546 --> 00:36:21,515 The defendant, Brian Grant, 756 00:36:21,548 --> 00:36:23,917 was the man he saw leave that house. 757 00:36:23,950 --> 00:36:26,920 Defense has offered neither evidence nor testimony 758 00:36:26,953 --> 00:36:28,889 to shake that I. D. 759 00:36:28,922 --> 00:36:32,258 All Mr. Young could seize upon was some psychiatric treatment 760 00:36:32,292 --> 00:36:33,894 that Officer Brewer is undergoing 761 00:36:33,927 --> 00:36:36,563 for a personal matter. 762 00:36:36,597 --> 00:36:39,933 Yes, he lies about something in his personal life. 763 00:36:39,966 --> 00:36:41,868 Big deal. We get that. 764 00:36:41,902 --> 00:36:44,404 But he doesn't lie as a police officer. 765 00:36:44,437 --> 00:36:47,541 It doesn't make him an unreliable witness. 766 00:36:47,574 --> 00:36:50,276 In fact, in 21 years, 767 00:36:50,310 --> 00:36:52,946 Officer Brewer has had an exemplary record of honesty 768 00:36:52,979 --> 00:36:54,615 on the force. 769 00:36:54,648 --> 00:36:57,283 He's never given untruthful testimony. 770 00:36:57,317 --> 00:36:59,620 He's never been a false witness. 771 00:36:59,653 --> 00:37:02,956 His honor has been beyond reproach, 772 00:37:02,989 --> 00:37:06,760 just as his testimony is here when he tells you 773 00:37:06,793 --> 00:37:10,631 that's the man he saw leave that house. 774 00:37:10,664 --> 00:37:12,633 You haven't heard one word 775 00:37:12,666 --> 00:37:15,368 suggesting that anyone else committed this murder. 776 00:37:15,401 --> 00:37:19,039 Gee, I wonder why. 777 00:37:19,072 --> 00:37:21,575 He's home alone with his wife. 778 00:37:21,608 --> 00:37:23,610 He shot her. 779 00:37:23,644 --> 00:37:26,312 He's seen running out. 780 00:37:26,346 --> 00:37:29,415 That's why we're here. 781 00:37:40,961 --> 00:37:42,796 Go. 782 00:37:45,532 --> 00:37:48,401 The only reason I don't keep you overnight 783 00:37:48,434 --> 00:37:51,705 for what I deem to be criminal disrespect... 784 00:38:05,719 --> 00:38:09,690 How long have they been laughing at me? 785 00:38:09,723 --> 00:38:11,324 Long time. 786 00:38:15,028 --> 00:38:17,631 How long you been telling that Ray Charles story? 787 00:38:20,066 --> 00:38:22,035 At least I try to do something. 788 00:38:22,068 --> 00:38:24,437 I care, at least. 789 00:38:24,470 --> 00:38:26,072 Most judges... 790 00:38:34,615 --> 00:38:37,584 Tell your client I'll give him six months. 791 00:38:37,618 --> 00:38:38,785 Beat it. 792 00:38:40,020 --> 00:38:41,988 That's it? 793 00:38:42,022 --> 00:38:45,792 You want a story first, Counsel? 794 00:38:47,393 --> 00:38:48,461 No. 795 00:38:50,864 --> 00:38:52,065 Just go. 796 00:39:13,754 --> 00:39:17,157 Came back kind of fast. 797 00:39:17,190 --> 00:39:19,159 That mean anything? 798 00:39:19,192 --> 00:39:22,362 Usually it means it was a quick decision. 799 00:39:23,964 --> 00:39:27,067 Mr. Grant, the court will ask you to stand, please. 800 00:39:30,070 --> 00:39:32,072 Mr. Foreman, has the jury reached a verdict? 801 00:39:32,105 --> 00:39:33,106 We have, Your Honor. 802 00:39:33,139 --> 00:39:34,541 What say you? 803 00:39:34,575 --> 00:39:36,577 Commonwealth v. Brian Grant, 804 00:39:36,610 --> 00:39:38,411 on the charge of murder in the first degree, 805 00:39:38,444 --> 00:39:43,684 we find the defendant Brian Grant not guilty. 806 00:39:43,717 --> 00:39:46,520 On the charge of murder in the second degree, 807 00:39:46,553 --> 00:39:49,656 we find the defendant Brian Grant... 808 00:39:49,690 --> 00:39:50,791 not guilty. 809 00:39:54,995 --> 00:39:56,863 Members of the jury, your service is completed, 810 00:39:56,897 --> 00:39:58,699 and we thank you. 811 00:39:58,732 --> 00:40:02,168 The defendant is free to go, and we are adjourned. 812 00:40:02,202 --> 00:40:03,704 (gavel pounds) 813 00:40:03,737 --> 00:40:05,906 Wow. 814 00:40:05,939 --> 00:40:07,173 Thanks, man. 815 00:40:07,207 --> 00:40:08,909 Sure. 816 00:40:08,942 --> 00:40:10,443 Innocent till proven guilty. 817 00:40:10,476 --> 00:40:12,045 The motto lives. 818 00:40:12,078 --> 00:40:14,080 See you next time. 819 00:40:14,114 --> 00:40:16,617 Good one. 820 00:40:24,558 --> 00:40:26,660 I'm sorry we didn't get him. 821 00:40:26,693 --> 00:40:27,928 Yeah. 822 00:40:27,961 --> 00:40:29,863 Did our best. 823 00:40:29,896 --> 00:40:32,465 Miss Gamble? 824 00:40:32,498 --> 00:40:35,468 Thank you. 825 00:40:35,501 --> 00:40:37,203 I wish you well, Paul. 826 00:40:37,237 --> 00:40:39,840 You, too. 827 00:40:55,622 --> 00:40:58,825 I really appreciate you coming in with your client. 828 00:40:58,859 --> 00:41:00,894 It's against my better judgment. 829 00:41:00,927 --> 00:41:02,228 I totally understand. 830 00:41:02,262 --> 00:41:04,531 It's just, lawyer to lawyer, 831 00:41:04,565 --> 00:41:06,700 you're aware that Helen Gamble 832 00:41:06,733 --> 00:41:08,168 believes your client committed perjury 833 00:41:08,201 --> 00:41:09,570 in the first trial. 834 00:41:09,603 --> 00:41:11,037 Ms. Gamble was mistaken. 835 00:41:11,071 --> 00:41:12,973 Yes, well, I don't believe she was. 836 00:41:13,006 --> 00:41:15,108 Mr. Donnell, I'm confused as to the agenda here. 837 00:41:15,141 --> 00:41:16,610 -Certainly we can-- -The agenda is this. 838 00:41:16,643 --> 00:41:18,512 I'm putting you on notice. 839 00:41:18,545 --> 00:41:21,214 If your client takes the stand again and lies, 840 00:41:21,247 --> 00:41:23,216 I'll be taking his house. 841 00:41:23,249 --> 00:41:25,786 -Bobby? -Tell him, Mr. Stone. 842 00:41:25,819 --> 00:41:27,788 Tell him the exposure he faces-- 843 00:41:27,821 --> 00:41:30,156 Abuse of process, false imprisonment. 844 00:41:30,190 --> 00:41:32,125 I don't know what you think you're doing. 845 00:41:32,158 --> 00:41:34,094 If he lies again, I'll be filing a complaint 846 00:41:34,127 --> 00:41:36,096 against you for suborning perjury. 847 00:41:36,129 --> 00:41:38,732 I'm reporting this to the district attorney's office. 848 00:41:38,765 --> 00:41:40,601 You do that, but in the meantime, 849 00:41:40,634 --> 00:41:42,769 get around to giving your client some legal advice. 850 00:41:42,803 --> 00:41:44,204 Come on, Kyle. 851 00:41:47,741 --> 00:41:51,244 Tell him what I'll do to him, Mr. Stone. 852 00:41:51,277 --> 00:41:54,047 Tell him. 853 00:41:54,080 --> 00:41:56,883 You just crossed the line, Mr. Donnell. 854 00:41:56,917 --> 00:42:00,754 We're just two lawyers talking, Mr. Stone-- 855 00:42:00,787 --> 00:42:03,056 Just you and me. 856 00:42:08,128 --> 00:42:09,896 What the hell do you call that? 857 00:42:09,930 --> 00:42:11,898 I call it intimidating a lead witness 858 00:42:11,932 --> 00:42:13,099 for the prosecution. 859 00:42:13,133 --> 00:42:15,101 I got to keep that lying bastard 860 00:42:15,135 --> 00:42:16,970 out of the witness chair. 861 00:42:17,003 --> 00:42:19,305 You've got a lawyer in there 862 00:42:19,339 --> 00:42:21,307 who just threatened my client. 863 00:42:21,341 --> 00:42:24,978 Really? With you there? 864 00:42:25,011 --> 00:42:27,213 Call the police. 865 00:42:34,354 --> 00:42:36,289 Come in. 866 00:42:41,227 --> 00:42:43,597 I came to congratulate you. 867 00:42:43,630 --> 00:42:47,067 And I get a personal visit for that? 868 00:42:47,100 --> 00:42:51,337 That, and the police just got into a shootout 869 00:42:51,371 --> 00:42:54,007 with the man who fired back 870 00:42:54,040 --> 00:42:56,643 with the gun used to kill Tasha Cooper. 871 00:42:56,677 --> 00:42:59,212 He matched the description of the suspect 872 00:42:59,245 --> 00:43:01,648 Officer Brewer saw running, 873 00:43:01,682 --> 00:43:03,917 and he also confessed to the crime. 874 00:43:06,419 --> 00:43:10,356 I know you didn't care if your client was guilty. 875 00:43:10,390 --> 00:43:14,695 I thought you might be interested to know 876 00:43:14,728 --> 00:43:16,229 he was innocent. 877 00:43:40,754 --> 00:43:43,256 ♪ (theme) 878 00:44:06,446 --> 00:44:08,114 You stinker! 64023

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