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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
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On the advice of counsel,
14
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I'm exercising
my fifth amendment right
15
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not to answer your question.
16
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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
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It is the order of this court
that he be granted a new trial.
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"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
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until I'm sure
everything's fine.
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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
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just like the two
before that,
39
00:01:27,554 --> 00:01:29,723
and I have an obligation
to make sure
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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
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Oh, please.
A mind is like a wound.
48
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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
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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.
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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.
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00:02:23,844 --> 00:02:25,145
♪ (theme)
63
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I didn't do it.
The cop just wanted to get
his picture in the paper
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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.
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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,
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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
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Right.
78
00:03:49,596 --> 00:03:51,565
When I left
in the afternoon,
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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
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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
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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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