Original subtitles

In the criminal justice system, all defendants are innocent until proven guilty

either by confession, plea bargain, or trial by jury.

This is one of those trials.

She said she was staying with her friend Jennifer.

Out near us at Woodhaven.

When the police called, they said they found a body.

I thought, "That can't be our daughter."

We knew she was seeing Justin, but we liked him.

I can't imagine how this could happen.

- I thought Kristen went home. - Home?

Somebody put two bullets in her head 100 yards from your front door, Justin.

That's your girlfriend. You don't seem too upset.

I'm upset!

- I'm totally freaked out! - Let's talk about your buddy Carter.

Carter, you knew Kristen Ames, Justin's girlfriend?

- I mean, I saw her, yeah. - You saying you never talked to her?

Like last night before she was killed?

Yeah, actually, uh... You know, I saw her with her ex.

Her ex-boyfriend, Danny Wallace.

So, Danny, you dated Kristen. You got dumped.

She starts banging your friend Justin. Gotta be hard to take.

- That's not how it was. - What time did you leave last night?

I don't remember.

She was arguing with Danny, not me.

- About what? - I don't know, they were outside.

And then Justin went out, you know, to make sure she was okay.

Next thing I heard, a gun capped two times.

- Danny shot her? - That's what Justin said.

- Carter told us you did it. - He's lying.

Kristen told me Justin and Carter raped her.

I was passed out.

She wanted to go to the cops,

Justin followed her, chased her into Tompkins Square Park.

He shot her.

- Justin shot her? - There was nothing I could do, I swear.

- Am I under arrest? - Not yet, Justin.

But I'd get comfortable.

I wanna call my father. I want a lawyer.

Justin lawyered up,

and we have conflicting statements from the other two.

Danny says he saw it go down. You buy that?

Well, I might have...

Until he took off his jacket.

Nitrate. Gunshot residue?

I'm gonna log it into evidence. Test for GSR.

All right, I'll get a statement from Danny and try to get one from Carter.

And you can charge 'em all with second degree murder.

You know...

I almost believed the kid.

Everybody lies.

Law and Order Trial by Jury Episode 1x04 - Truth or Consequences

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Her blood alcohol was four times the limit.

We know Carter and Justin had sex with her, probably while she was passed out.

Apparently, Danny didn't.

It looks like when she realized she'd been raped, she threatened to go to the police.

Danny claims he offered to take her.

He says Justin followed them,

pulled her intoTompkins Square Park, and killed her.

What are you gonna show the Grand Jury?

Well, the gun's probably in the Hudson.

Carter's prints are on shell casings found at the scene.

And there's nitrates on Danny's jacket,

maybe used to muffle gun shots.

Well, that gets you Danny and Carter, but what about this third kid?

Well, Justin's our weakest case.

He lawyered up, and we don't have a statement from him.

We can't even prove rape.

Justin was dating the victim. The sex could have been consensual.

Doesn't sound like much.

Turn one of the other two against Justin.

Well, Danny's the testimony we need.

He claims he saw the murder go down, but wasn't part of it.

But Carter's statement points the finger at Danny.

The poor girl.

The thought of losing a daughter like that.

Try to make a deal, but everybody does real time.

Two out of three won't do.

Danny, I'm Dean Conners.

The court assigned me to your case.

- I spoke to your mother. - That was my grandma.

- My mom's not around. - Well, then your grandmother.

She's coming to the arraignment.

I'll try to arrange a chance for you to speak.

She doesn't need this kind of grief.

I was just thinking if we needed to raise money for bail.

I'm not gonna take her money. She gets some Social Security.

Um, so you spoke to the police.

I told them the truth.

Kristen said that Justin and Carter had raped her, so I was taking her to the cops.

Justin followed us and shot her.

When that happened, what did you do?

I took off like a coward.

Do you know if they collected any evidence that could implicate you in the shooting?

I don't know, they took my jacket.

Why did they do that?

Look,

I didn't kill Kristen, I swear.

Danny, look...

I'm not here to judge you.

Or to judge what you've done.

I'm here to advocate for you.

Yeah.

You don't believe me.

- Danny. - No, you don't. No.

Neither did the cops.

Everyone thinks I'm guilty.

I believe you.

Okay?

Docket number 3304.

People v. Justin Birch. Charge is murder in the second degree.

- How do you plead? - Not guilty.

Your Honor, this defendant has the resources and means to flee.

Given the charge, the people ask for remand.

We ask for ROR to his parents pending trial.

Counsel, approach.

What can we live with here?

Your Honor, I have to seriously question the legitimacy of the charges.

They have no evidence.

The defense'll get their discovery when it's time.

Okay, you don't want to show your hand, fine, counselor, but you'll have to bend.

The victim's parents are here, Your Honor,

expecting to see him held for their daughter's murder.

So I'll set the bail at 800,000, and you'll argue it.

And we'll accept it.

From what I understand, this kid's parents can just write a check.

Look, I said I'll make you look good. Both of you, step back.

Bail is set at 800,000.

On bond, the defendant will be held under house arrest with an ankle bracelet.

Next.

I'll have my office draw up the paperwork. And Justin should be out of here by lunch.

Docket number 33005.

People v. Daniel Wallace. Charge is murder in the second degree.

Do we have a plea?

Not guilty, Your Honor.

The people would prefer remand, but we'll agree to the previous bail recommendation.

$800,000?

Your Honor, the people know my client is without means.

Will the court at least accept a surety of ten percent?

Not on a murder charge.

So the poor sit in jail while the rich walk free?

So it goes, Mr. Conners.

Docket number 33006.

People v. Carter McSherry. Charge of murder in the second degree.

The night we first met Danny...

Kristen missed her curfew.

Danny brought her home. They were both drunk.

And George and I stepped in.

I called his parents.

Well, his grandmother. His parents aren't even in the picture.

How do you expect a kid like that to be raised right?

To have good values?

I was worried that Kristen was seeing him.

And now you telling me you're gonna offer this little son of a bitch a deal?

Well, Danny will serve time.

We're offering him 15 to 25 years for his testimony against Justin.

All three are responsible for what happened to Kristen.

15 years?

Not 15 years for our daughter's life.

Mr. Ames, you blame Danny and I understand that.

But Justin Birch killed her.

A plea from Danny will help us get him.

Kristen didn't get any kind of deal.

That went well.

Well, what plea agreement ever made everybody happy?

- I'm just saying that... - Kelly,

we didn't come here for their permission.

A little more reassurance might have helped, you know?

Some guarantee that he'll be punished.

It would have been a lie.

Well, you brought us down here for a sneak peek at discovery,

or do I smell a plea bargain?

Your client's conviction is right here.

What's the offer?

For testimony against Justin, 15 to 25, concurrent on all counts.

Tracey, the problem is, our guys aren't equally guilty here.

He's right, my guy didn't even leave the apartment.

Peter, I'll be honest. I know you wanna clear your case.

But Danny's the witness. He's the one I wanna flip.

So, you're wasting my time.

No, you're plan B.

Danny won't cop to rape.

He didn't witness it, he only saw the shooting.

Kibre, you need my guy.

Carter gave Justin the gun.

He can give you the rape and the conspiracy.

Danny can't do that.

All right, that'll get Carter a plea.

But I still want Danny.

I'll talk to him.

They found gunshot residue on your jacket.

If we go to trial, they very well could convict you.

I wasn't wearing my jacket.

- Justin's gonna walk? - He's in a position to do that.

He's got all this money, fancy lawyers. I got what?

It's unfair, I agree.

But Justin's money won't matter if you cooperate.

Carter's getting the same deal. Well, Carter raped her.

- Justin shot her. All I did... - Danny, they got evidence against you.

It's a good offer.

So I'm supposed to say I'm guilty of something I didn't do.

Well, that's your decision.

But I recommend you take the deal.

We left Justin's place.

I put my jacket on her shoulders 'cause it was pretty cold.

Justin followed us.

He was pretty drunk. He kept threatening her about if she went to the cops.

Kristen stood up to him, you know?

She pissed him off.

- What did Justin do? - He hit her in the face.

He pulled a gun. I was so scared I... I couldn't move.

Where were you all standing?

At the entrance over there.

How did you wind up in here?

Well, she, uh, ran.

And, uh, he chased her,

and he grabbed her arm.

I mean, it happened so fast. He was cursing at her.

And she's crying, trying to get away.

And then he just started shooting her.

Did he aim the gun at you?

No.

Well, Danny...

You could have shouted for help. You could have made a run for the police.

I should have.

I wanted to, but I froze.

And then she was gone.

And there was nothing that I could really do.

Are we done now?

Sure, Danny, we're done.

So you bright Carter and Danny.

I knew you'd flip one... But, uh, are we in trouble?

Just makes it a stronger case against Justin.

Oh, please, they can't even get their stories straight.

Danny says that Justin did the girl. Carter says that Danny did it.

Then why worry?

You know, you're wasting your time in the DA's office.

I'd triple what you make.

You don't want me, Norman. I have scruples.

They have pills for that.

We got two pleas, why not three?

What's the problem, Norman? My client is innocent.

Well, you can tell that to a jury.

Selection begins three weeks from tomorrow.

Now, Tracey, what about this motion in limine?

The sexual history of Kristen Ames is important to our defense.

It's irrelevant, Your Honor. His client is facing murder charges.

There's a count of aggravated rape which is an issue at the heart of the people's case.

- It's an excuse to sling mud. - The victim was known to be promiscuous.

She had sex with my client and with Carter McSherry that night by choice.

The victim's questionable virtue goes directly to Danny Wallace's state of mind.

She had sex with two men.

Danny Wallace killed her out of jealousy.

I read the briefs.

You're reaching, counselor.

Anything else?

All right, see you at trial.

Kristen was passed out. But she woke up while we were doing it.

When she woke up, what was Justin doing?

- Holding her down, I guess. - Don't guess, Carter.

Did he hold her by the arms?

Details are important here.

- Okay, he held her by the arms. - Don't make things up.

What do you want me to say?

Justin said I could bang his girlfriend. What's the big deal?

You wanna help your client out with the basics of a declarative sentence?

It's your prep, Kibre.

You wanted this deal. You help make it work.

The defense will use your original statement from the police.

The fact that you lied about giving Justin your gun.

They'll say you were lying then. You could be lying now.

Well, I ain't lying now.

You know what? I'm done for the day. I got a headache.

Today's it, Carter.

Carter.

Bitch, I said I'm done!

You're done when I say you're done! Now sit your ass down and answer the questions!

Kristen and Danny took off.

You know, Justin said for me to give him my gun.

I asked him, "Why?" You know?

He said that he wasn't gonna let Kristen go to the cops.

So he was just gonna shut her up.

- Shut her up about the rape. - Yeah.

So Justin took the gun...

...and followed Kristen and Danny out.

Then what?

What did you see or hear?

Oh, yeah, gunshots.

Later, Justin came back and gave me the gun. He said he capped the bitch.

Well, his words.

- Did you get rid of the murder weapon? - I threw it off the Williamsburg bridge.

Nothing further.

Fascinating, Mr. McSherry.

Let's talk a little about why you're here.

The deal you made with the DA.

Life in prison without parole to... what?

15 to 25.

Good deal.

Now, did you discuss with the prosecutor what you were gonna say here?

Did you get your story straight?

- Objection. - Sustained.

Now, you've had some past trouble with the law, correct?

Two assault convictions as a juvenile.

One attempted rape.

You served two years in a juvenile facility, correct?

Basically, yeah.

An experienced criminal knows the truth gets you nowhere.

Am I right?

You give the police one version. The DA another. Whatever they want to hear.

- And you get a better deal. - Objection. Is there a question here?

Sustained. Mr. Rothenberg?

Justin Birch didn't really kill Kristen Ames.

Did he?

Danny stole my gun earlier that night.

He was mad at Kristen because she had sex with me and Justin.

I wasn't there, but Justin said Danny shot her.

Nothing he could do about it.

Chambers, Your Honor?

Let's go.

And can Mr. Voight join us as well?

You want to explain that back flip?

He was thoroughly prepped, Your Honor.

Maybe Mr. Voight should answer that.

Was there any inappropriate contact between you two?

Absolutely not.

Mr. Voight was debriefed as part of our discovery.

We had dinner and discussed the case.

- We even split the check. - Interesting. Where'd you go?

Le Bernardin.

Debriefed over a $300 meal?

Sounds like a job audition.

You're a self-righteous bitch, you know that?

Can I quote that to the Ethics Board?

Hey, you can both cool off in a cell unless you shut the hell up.

Your Honor, we'd like to redirect Carter McSherry as a hostile witness.

And examine why he changed his testimony.

That could step on attorney-client privilege, judge.

Yeah, expose your duplicitous counsel.

Your Honor, these accusations are without merit. The witness caved on the stand.

There was nothing improper.

I'll let you redirect on the witnesses' credibility only.

I'm keeping the reins tight.

We'll adjourn for the week and then resume Monday at 10:00.

Danny, our offer still stands.

You're it, now.

Uh, yeah, okay. I'm up for it.

Listen, they're gonna go after you for taking this deal.

They'll say you were angry with Kristen because she slept with Justin and Carter.

- And that you killed her. - That's a lie.

But they're gonna be tough on you, okay?

So you just have to remember that you're doing the right thing. You're helping yourself.

I'm doing it for Kristen.

Ms. Kibre, can I ask a favor?

Sure.

There was something that I was hoping that I could do.

Mr. and Mrs. Ames are here at your request.

They're not under any obligation to say anything to you.

- I think what Danny wanted to... - No, no, I got it. Please, I gotta do this.

Please.

I want you to know how sorry I am.

Sorry?

Do you realize what you took from us?

Do you?

Say what you gotta say and get it over with.

When you wouldn't let Kristen date me,

I got Justin to...

pick her up and bring her out so that we could see each other.

Because I knew that you would accept him and...

... think that he was good enough.

I never thought Kristen would too.

He didn't love her.

I did.

And I feel like what happened was my fault for not protecting her.

For not stopping 'em.

I know you hate me, but you gotta know how sorry I am.

Everyone that hurt Kristen should be punished.

I want you to know I'm not taking Ms. Kibre's deal.

- Hold on a second. - I'm gonna testify against Justin.

But if I'm getting some deal, nobody's gonna believe that I'm telling the truth.

Danny, we.. Dan, we need to talk about this.

No.

All three of us, whatever we get we deserve it.

You know, in the best of all worlds a defendant accepts some responsibilities.

It's kind of refreshing.

He does it because he's guilty or because he feels guilty?

You mean, suppose he's a good kid?

Suppose he is.

Kind of bothers you, huh? Not knowing.

Yeah.

Well, let me tell you something.

In this job, never give anybody the benefit of the doubt.

So Danny helps us convict Justin,

and to repay the favor we lock him away for the rest of his life?

Any leniency you show is gonna look like an exchange for a favor.

Now, Rothenberg will cry foul all the way to the bar.

Wouldn't that be ironic?

Bottom line is, you don't know what happened that night.

There's no evidence to exonerate Danny, right?

Just the opposite.

Well, then, thank God for the law. Just do what it says.

We came with the delusion that you had a worthwhile offer.

- It's better than a conviction. - You've convicted him?

We're certainly confident today.

He does 15 to 25 and we'll recommend that he serve his time downstate.

- So mom and dad can visit. - No way I'm doing 15 year...

What happened to that girl was awful.

For the sake of tragedy, I'll accept negligent homicide.

- Right. A class E felony. - Probation.

Substance abuse counseling. No time served.

No jury's gonna find your client innocent.

You can't prove the rape. It means you don't have a motive.

No motive, your evidence means nothing.

Danny Wallace is gonna testify against him.

He took a plea. No one will believe a word he says.

Danny's not testifying under protection of a plea agreement.

Makes him a hell of a lot more credible than your client.

It makes him a defendant, not a witness.

If he doesn't take the stand, you don't have a case.

If he does, I can ask him anything I want.

Our offer expires with this meeting.

Why prolong the inevitable?

Your office told me you'd be here.

Last place I'd have thought to look.

About the only place I can get any work done.

What can I do for you, Norman?

Oh, I'm just a little curious about what you're up to. This altruistic nonsense your client is doing.

Danny is just trying to do the right thing, that's all.

Trying to put an innocent young man in prison for the rest of his life.

Please, Norman.

There's a lot of gray here for both our guys.

I'm sure a seasoned lawyer like yourself can smell a win.

The DA's case rests entirely on what Danny says.

If he incriminates himself, he takes my client down with him.

On the other hand,

if he decides not to testify, Justin's memory could significantly improve.

Would I get Justin as a witness for Danny's defense?

All we need to do here is raise reasonable doubt.

It's an interesting way to practice law.

Oh, you know, one thing you're forgetting, Norman.

What if Danny's on the level?

How long have you been doing this?

Your motion is surprising but valid, Mr. Conners.

Joining these trials certainly makes economic sense.

Your Honor, binding these defendants creates complexity.

It had the potential of drawing a single trial out even longer.

Mr. Conners may not be aware of it, your Honor,

but our defense could put his client in a negative light.

- You mean, you intend to blame him. - It's a bit more nuanced than that.

- There's no joint defense? - No.

Your Honor, my client was not a party to this crime.

In fact, he intends to testify against Justin Birch.

And because of that, the District Attorney would seek to delay...

... my client's trial until after his testimony.

Now I would not be providing effective counsel

if I were to let my client sit in jail for something that he didn't do.

A speedy trial is the very least that he should get.

Then he should move for a speedy trial, and not a joinder.

Now both defendants are accused of the same crime.

I don't think antagonistic defenses is sufficient reason to maintain severance,

especially given the cost.

- Your Honor... - Ms. Kibre, I'm granting the motion.

What the hell is this about?

You think playing rich against poor is gonna get Danny a walk?

I don't expect you to defend my client.

My job, I'll do it how I see fit.

What guarantee do I have that he'll testify?

He says he wants to make this right.

Well, that's not good enough.

Well, it's good enough for me.

Even if Danny's story isn't rock solid,

It could have happened the way he said.

We went with his story 'cause he could get us Justin.

Yeah, that's what we want. I still don't see the problem.

We believed Danny and we gave him 15 to 25.

Now, with no deal, just the mercy of the court,

he gets a jury to believe him, he walks.

Okay, maybe they give him a walk.

That's fine if he's telling the truth.

The worst thing is when you sucker yourself.

Okay, I'm Danny. I'm standing here rubbernecking Kristen's murder.

She's getting killed, you're here frozen in fear.

There are at least three different places that were probably open at 3:00 a.m.

The bar, that restaurant, and that bodega.

What's your point?

Well, why did Danny say he was standing here?

Right here.

I'm not following you.

Well, If he was lying, why didn't he say he was two blocks from here?

Or that he ran when Justin grabbed Kristen,

- then heard the shots? - Then he's telling the truth.

What if somebody saw him here?

Cops canvassed the area. There's no witnesses.

Danny told the cops, "I was scared. I was frozen."

He's thinking there's a witness that's gonna come forward...

... and say they saw him in the park that night.

So he makes a statement, but the witness never turns up.

Now Danny's stuck with his story.

But if there was a witness,

wouldn't he have seen Justin and Kristen?

Not necessarily. It was dark.

Turn around.

He would have had a perfect view up and down Avenue B and East 7th.

Anybody would have seen him coming.

You're saying he was playing lookout for Justin.

I don't know.

The kid's either really honest or...

... really smart.

So you're not buying Danny's sacrificial blamas anymore

Well, I'm not sure.

It's possible Danny was playing lookout for Justin.

If he thinks somebody saw him that night,

that may be why he told the police he witnessed the crime.

You think you could find that witness?

Cops are recanvassing the area around Tompkins Square Park.

You're telling me your case is entirely in the hands of a kid...

...who you should be trying to convict.

Look, Dean Conners is not stupid. He knows how a jury loves an underdog.

Danny will testify.

He'll have to answer the accusations made by Justin's defense.

I'll take my shot on cross.

Except when you impeach Danny's credibility, you make everything else he says worthless.

And Justin walks.

There you go, ladies.

You've been outmaneuvered.

Yeah?

Okay, she'll be right down.

Kristen's parents are here.

We've prayed about this.

And Karen and I feel...

Well, we may have misjudged Danny.

We favored Justin...

... for the wrong reasons.

And we pushed Kristen toward him, and...

She died because of it.

Danny cared for her.

We feel some blame for her death.

Mr. and Mrs. Ames,

I sympathize with what you're going through, I really do.

We wanna ask if the murder charges against Danny can be dropped.

We don't want him going to prison for the rest of his life.

See, we've forgiven him in our hearts.

We have evidence that suggests his involvement.

The law says we hold him accountable.

- He was just a witness. - We don't know what he was.

He didn't kill her.

You know that.

I'm sorry, I have to prosecute the crime.

And here we see Kristin Ames leaving the building with Danny Wallace.

Right after that we see Justin Birch following them out the door.

And what's the time on the footage?

They left the building at 3:27 a.m.

It correlates to the estimated time of death, which was put between 3:00 and 4:00 a.m.

So you inferred that the murder happened shortly after all three left the building.

Correct.

Thank you, Detective Saunders.

I was, uh, coming out of the establishment.

And there, by the... by the fence, where the lady is standing with the dog,

I see this guy standing around. And he sees me, right?

And I figure, who stands on a corner... at 3:00 a.m.

- unless he's holdin'? - Did you approach him?

I got close enough to see he wasn't a drug dealer, you know?

So I turned around and I walked away.

Half a minute later I heard two gunshots.

- This was the guy you saw, right? - No. No, that's not him.

All right.

What about this guy?

Yeah, yeah. Yeah, that... that's him.

That's him for sure.

Did you see anyone else with him?

- Another man and a woman? - No, just... just... just him.

Why didn't you come forward before now?

You think I'm looking for a headache?

Do you think I could get a ride across town? I got an appointment for my meds.

We're not actually thinking of using this guy, are we?

Are you kidding?

Excuse me, I turned Alphabet City upside down looking for this guy.

His story proves Danny was the lookout.

And thank you for that, Detective.

But I'm not about to stake my case on the credibility of a perpie witness.

So you're gonna cut him loose.

I didn't say that. Do an addendum to the witness list.

I'll take it up with the judge in the morning.

But if we're not gonna call him, what's the point?

He's got scare value.

Your Honor, this witness only came to our attention last night.

We've moved on, Ms. Kibre.

He's an important percipient witness.

He was near the crime scene and can offer first-hand observations of the murder.

The prosecution's playing games here, Your Honor.

I have to agree, Your Honor. They've already rested their case.

Then we ask to revisit the issue until after the defense has concluded.

Even on rebuttal, it's unfair surprise.

All right.

We'll take the matter up again at the appropriate time.

See if a rebuttal's in order.

- Your Honor... - Bring in the jury.

Let's get this show going.

This witness they're talking about, you know this guy?

No, of course not.

Well, this is a hell of a surprise.

Look, I didn't see anybody else that night, if that's what you wanna know.

- I told you, I'm innocent. - Being innocent isn't enough, Danny.

Innocent people go to prison all the time. You understand what I'm saying?

I don't know what this guy's gonna say.

What he thinks he saw.

I need you to be straight with me here.

I am, I swear.

Mr. Conners?

Are we ready?

Your Honor, the defense calls Daniel Wallace.

I watched him shoot her twice.

I couldn't breathe. I couldn't move.

When I finally snapped out of it, I got nauseous.

- I was sick about it. - What didn't you help her, Danny?

I wanted to.

I was scared. I thought Justin was gonna kill me too.

Danny, why are you testifying here today?

Because I feel like I owe it to Kristen and her family.

No more questions.

Justin dragged Kristin Ames into the park and murdered her...

while you stood frozen in fear, correct?

- That's right. - So you were an eyewitness to the crime.

Why did he kill Kristen and let you live?

I don't know. You'd have to ask him.

Why didn't you run for help?

Why didn't you go to the police?

I wish I had.

But I guess I was in shock.

I couldn't believe what was happening and then...

Afterward I kind of lost my head seeing Kristen... laying there.

But you had the presence of mind to retrieve your jacket from right next to the body.

I barely remember doing that.

I'm wondering, Danny...

while you were witnessing Kristen's murder,

was there anybody in the area?

Anybody who could have seen you?

There might have, uh, been someone.

Now that I think about it, but he was across the street.

And then he headed in the other direction, so...

You've never mentioned this person before.

I'm sorry.

I forgot.

So it was just that one person. Nobody else?

No.

How would you know that?

How could you know that?

You testified that you were facing the opposite direction,

frozen in fear, watching Justin kill Kristen.

You know, Danny, I'd love to talk about the whole truth...

... and not just the parts that make you look good.

Objection! Argumentative.

Sustained.

Why'd you let Justin kill Kristen Ames?

I didn't.

How'd you feel when Kristen told you that Justin and Carter had raped her?

I was angry.

That's why me and Kristen were getting out of there.

Oh, you didn't blame her just a little bit? Maybe feel a little betrayed?

I didn't do anything to her.

She hurt you all over again that night, and you didn't believe her, did you?

I loved Kristen.

- Justin killed her right in front of me. - Oh, Danny, I know he did.

Doesn't mean you didn't want it to happen.

Any news?

Jury just broke for dinner.

I doubt they're coming back tonight.

I know what you're thinking, Tracey.

Don't go there.

I went after Danny. It didn't help our case.

The jury'll figure it out.

The only thing the jury saw was a prosecutor beating up on a kid they liked.

He got that look in his eye.

He was lying his heart out.

You saw that.

Yeah, I saw that.

Jury's coming back.

You okay?

The DA made a lot of accusations without evidence.

You did good.

The jury'll do the right thing.

That, um,

last minute witness.

Kibre was bluffing, right?

Don't tell me...

... that you've been lying to me all this time.

Before...

you said whatever I do, you weren't here to judge me.

That's right, Danny.

I did say that.

That night...

I told her I still loved her.

And she said I wasn't...

... the type of person that she wanted to be with.

You know what that meant?

That meant Justin.

I would have done anything for her.

And she...

... screws these guys right under my nose.

They raped her, Danny.

That is what she said!

What did you do?

I was so mad.

I'm yelling at her.

Justin's yelling at her. And he starts threatening her with his gun.

And I told him...

...to do it. I didn't care anymore.

I think I loved her too much.

Has the jury reached a verdict?

We have, Your Honor.

For Justin Birch, on the charge of the indictment, how do you find?

We find the defendant guilty.

For Daniel Wallace, on the charge of the indictment, how do you find?

We find the defendant not guilty.

Thank you, jury. You are dismissed.

Congratulations.

You're not celebrating.

What brings you down here?

Rothenberg filed a notice of appeal for Justin.

Probably won't go anywhere, but if it does...

Danny's not my client anymore, Kibre.

He walked.

- You had a good plan. - Danny's plan.

Smart kid.

You believed him.

Wasn't there a minute you did too?

I wanted to.

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