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1
00:00:02,076 --> 00:00:06,154
either by confession, plea bargain,
or trial by jury.
2
00:00:06,569 --> 00:00:08,669
This is one of those trials.
3
00:00:10,638 --> 00:00:12,421
I was coming home from work,
4
00:00:13,080 --> 00:00:15,791
and I turned the corner
onto Lennox Avenue.
5
00:00:18,067 --> 00:00:19,117
And I see Ana.
6
00:00:21,095 --> 00:00:22,414
I know it's not her.
7
00:00:22,731 --> 00:00:24,978
I mean, I know she's dead.
8
00:00:26,906 --> 00:00:27,980
But there she is.
9
00:00:31,155 --> 00:00:32,254
And I freak.
10
00:00:32,765 --> 00:00:36,892
They're all dead.
Max, Ariadne, Jose,
11
00:00:37,892 --> 00:00:38,625
Ana.
12
00:00:40,262 --> 00:00:42,896
And I'm standing
right there in the street.
13
00:00:42,971 --> 00:00:44,247
And I can't move.
14
00:00:44,533 --> 00:00:48,929
It's like eight years ago, and I'm right
back there in that restaurant...
15
00:00:49,735 --> 00:00:51,517
... feeling like I'm gonna die.
16
00:00:52,664 --> 00:00:55,154
- When was this?
- Two days ago.
17
00:00:55,399 --> 00:00:58,305
Right after I heard
he was getting out.
18
00:00:59,646 --> 00:01:02,796
I thought life without parole
meant he was gonna die in prison.
19
00:01:04,041 --> 00:01:04,896
What happened?
20
00:01:04,994 --> 00:01:08,852
The fingerprint expert lied on the stand.
21
00:01:08,948 --> 00:01:13,221
The print that put Kenny Thompson
at the crime scene wasn't his.
22
00:01:14,514 --> 00:01:18,373
Marisol, I know that your injuries
made you unavailable for the first trial,
23
00:01:18,421 --> 00:01:21,034
but this time around,
your testimony will be crucial.
24
00:01:21,645 --> 00:01:23,159
I wish I can help you.
25
00:01:24,672 --> 00:01:25,404
But...
26
00:01:27,782 --> 00:01:29,921
I don't remember anything
that happened that night.
27
00:01:30,385 --> 00:01:31,216
Nothing.
28
00:01:36,476 --> 00:01:38,772
Kenny, it's been a while.
29
00:01:40,139 --> 00:01:41,385
This man's my lawyer.
30
00:01:42,226 --> 00:01:44,643
Been working two years
on my appeal pro bono.
31
00:01:44,936 --> 00:01:46,475
That means for free.
32
00:01:47,427 --> 00:01:48,795
Do me a favor, Roy.
33
00:01:48,964 --> 00:01:51,455
Uncuff me so I can shake his hand.
34
00:01:53,531 --> 00:01:54,898
You're a good man, Roy.
35
00:01:56,387 --> 00:01:58,390
A good man in a bad place.
36
00:02:02,337 --> 00:02:03,925
Thanks to you
I'm gonna be free.
37
00:02:04,364 --> 00:02:05,878
I owe you my life.
38
00:02:08,936 --> 00:02:12,526
I heard Thompson's getting a new trial.
That's too bad.
39
00:02:12,793 --> 00:02:17,457
That fingerprint was the only piece of evidence
linking Thompson to the crime scene.
40
00:02:18,531 --> 00:02:20,851
Well, cut yourself a break.
It's not your fault, Nick.
41
00:02:21,851 --> 00:02:23,316
Everyone's had a witness lie.
42
00:02:24,317 --> 00:02:26,466
The FBI guy said it was a match.
43
00:02:26,832 --> 00:02:30,691
Apparently this guy Tanner's been giving
bogus testimony on cases for years.
44
00:02:31,813 --> 00:02:35,549
Justice has launched an investigation
into every case he's ever testified on.
45
00:02:35,890 --> 00:02:39,749
And every D.A. he's ever testified for.
46
00:02:40,773 --> 00:02:43,312
And right now I'm in the bull's-eye.
47
00:02:44,801 --> 00:02:46,779
I just came from Branch's office.
48
00:02:48,073 --> 00:02:49,416
I've been sidelined.
49
00:02:52,676 --> 00:02:54,214
You're gonna replace me.
50
00:02:55,508 --> 00:02:57,486
The only reason I didn't argue about it.
51
00:03:00,344 --> 00:03:01,345
Trace,
52
00:03:03,332 --> 00:03:05,725
Thompson can't stay on the streets.
53
00:03:06,653 --> 00:03:07,752
I know.
54
00:03:08,190 --> 00:03:11,633
- He's a bad guy.
- No, we see bad guys all the time.
55
00:03:12,341 --> 00:03:15,857
Kenny Thompson is a bad guy.
56
00:03:20,964 --> 00:03:32,108
Law and Order Trial By Jury
Episode 1x09 - The Line
57
00:03:33,473 --> 00:03:45,754
Transcript provided by Raceman
Subtitles: The TbJ Team
58
00:03:46,664 --> 00:04:00,765
www.forom.com
www.lawandorder-fr.com
59
00:04:03,547 --> 00:04:05,574
I say we plead him out.
60
00:04:05,812 --> 00:04:07,899
Man One. Time served plus ten.
61
00:04:08,091 --> 00:04:10,533
Nick Forster says we can't win it.
62
00:04:10,800 --> 00:04:14,234
Well, that's because he just had
a conviction overturned. He's spooked.
63
00:04:14,387 --> 00:04:15,722
That makes two of us.
64
00:04:16,235 --> 00:04:19,881
If we plead out, it looks like
we're admitting Forster did something wrong.
65
00:04:20,011 --> 00:04:23,364
Look, just have a look
at Thompson's confession.
66
00:04:24,000 --> 00:04:27,074
Subtitles downloaded from www.OpenSubtitles.org
67
00:04:29,781 --> 00:04:30,906
We didn't want no trouble, man.
68
00:04:30,960 --> 00:04:32,647
That's why we had everybody
taped up on the floor, man.
69
00:04:32,674 --> 00:04:34,496
Everybody cooperate, nobody get hurt.
70
00:04:34,543 --> 00:04:35,336
Oh, really?
71
00:04:35,441 --> 00:04:38,005
So how did your boy Colfax
end up dead on the floor?
72
00:04:38,349 --> 00:04:41,917
The side door opened and this crazy bitch
come running outta nowhere, and she caps Shawn.
73
00:04:41,970 --> 00:04:43,688
Oh, really? So you shot her.
74
00:04:43,743 --> 00:04:46,291
I thought she was trying to kill me!
It was self-defense.
75
00:04:46,451 --> 00:04:47,698
So why'd you shoot the rest of 'em?
76
00:04:52,361 --> 00:04:54,007
I want a lawyer, man.
77
00:04:54,111 --> 00:04:55,306
- What's the matter, Ken?
- He wants a lawyer.
78
00:04:55,385 --> 00:04:58,146
Seeing your buddy die
make you piss yourself?
79
00:04:58,199 --> 00:05:00,376
So you shoot four helpless people?
80
00:05:01,816 --> 00:05:04,365
I don't feel so good.
I want a lawyer.
81
00:05:04,657 --> 00:05:06,064
Sure you don't want your mommy?
82
00:05:06,191 --> 00:05:06,999
Come on.
83
00:05:10,479 --> 00:05:11,927
You wanna know what really happened?
84
00:05:12,170 --> 00:05:13,451
Right there.
85
00:05:13,534 --> 00:05:15,650
That's what got the whole
confession thrown out.
86
00:05:15,873 --> 00:05:18,156
The judge felt Thompson
invoked his right to counsel,
87
00:05:18,156 --> 00:05:19,966
and the cops kept questioning him.
88
00:05:20,105 --> 00:05:21,052
The judge is an idiot.
89
00:05:21,163 --> 00:05:22,973
Thompson reinitiated on his own.
90
00:05:23,112 --> 00:05:23,920
Yeah.
91
00:05:24,894 --> 00:05:27,846
Thompson talked about those murders
like some guys talk about sex.
92
00:05:28,987 --> 00:05:32,412
Like he got off on killing those four kids.
93
00:05:34,367 --> 00:05:37,569
I don't want this guy back
on my island in ten years.
94
00:05:41,628 --> 00:05:42,547
No plea?
95
00:05:43,048 --> 00:05:44,746
You must have been very convincing.
96
00:05:44,830 --> 00:05:46,361
The tape sold him.
97
00:05:46,584 --> 00:05:50,064
So do we find new grounds to reargue
the confession's admissibility?
98
00:05:50,148 --> 00:05:51,428
It's worth a try.
99
00:05:51,484 --> 00:05:53,962
This case could sure use
a nice, juicy confession.
100
00:05:53,990 --> 00:05:58,361
Half the witnesses are either
dead, missing, or in rehab.
101
00:05:58,528 --> 00:06:00,700
Sounds like a list of my ex-boyfriends.
102
00:06:02,934 --> 00:06:04,242
Did we pass it?
103
00:06:04,381 --> 00:06:06,664
No, this is it.
It must be a beauty salon now.
104
00:06:06,748 --> 00:06:07,750
Manicure?
105
00:06:08,140 --> 00:06:10,173
Oh, thanks. Some other time.
106
00:06:11,921 --> 00:06:16,153
Wow, it's hard to imagine
this is the site of a massacre.
107
00:06:18,631 --> 00:06:21,220
Well, it was a spring night.
People were outside.
108
00:06:22,223 --> 00:06:24,199
That must be where
Charlie Lansing lived.
109
00:06:25,508 --> 00:06:30,019
That's the stoop he was sitting on
when Thompson and Colfax walked by.
110
00:06:36,258 --> 00:06:37,510
Charlie!
111
00:06:40,514 --> 00:06:43,048
You must have the wrong guy.
Name's John.
112
00:06:43,104 --> 00:06:44,941
You're a hard man to find.
113
00:06:45,860 --> 00:06:48,282
You change your name.
Move out the city.
114
00:06:49,146 --> 00:06:50,816
Nothing wrong with wanting to start over.
115
00:06:50,844 --> 00:06:52,320
You read the papers lately?
116
00:06:52,542 --> 00:06:53,238
Yeah.
117
00:06:53,879 --> 00:06:55,187
Kenny Thompson.
118
00:06:55,995 --> 00:06:57,332
I'm not getting involved.
119
00:06:57,624 --> 00:07:00,324
I got death threats the first time around
from Thompson's boys.
120
00:07:00,408 --> 00:07:02,385
Thompson doesn't have boys anymore.
121
00:07:03,429 --> 00:07:05,183
Paper's saying he might be innocent.
122
00:07:05,935 --> 00:07:07,689
- There's new evidence.
- Nothin' new.
123
00:07:07,717 --> 00:07:09,471
Some old evidence gone bad.
124
00:07:10,084 --> 00:07:11,865
I didn't actually see him commit a crime.
125
00:07:11,893 --> 00:07:15,986
You saw Thompson and Colfax outside the restaurant
five minutes before the robbery began.
126
00:07:16,237 --> 00:07:17,267
That's good enough.
127
00:07:17,685 --> 00:07:19,411
Wish I'd never seen anything.
128
00:07:19,783 --> 00:07:22,306
Talk about being in the
wrong place at the wrong time.
129
00:07:22,362 --> 00:07:25,119
Those four dead kids,
they were in the wrong place.
130
00:07:25,341 --> 00:07:27,569
And the families,
they're grateful you saw what you did.
131
00:07:28,432 --> 00:07:29,768
We need you, Charlie.
132
00:07:36,103 --> 00:07:37,551
Kenny, come on in.
133
00:07:39,026 --> 00:07:40,446
This is my wife Leigh.
134
00:07:40,766 --> 00:07:42,381
She's one of the partners here.
135
00:07:42,381 --> 00:07:44,135
- Honourly.
- I'm doing well.
136
00:07:44,163 --> 00:07:47,838
We got a lot of pro bono requests
and accept very few cases.
137
00:07:48,006 --> 00:07:51,180
- Your passion for justice is impressive.
- Passion's easy.
138
00:07:51,430 --> 00:07:54,103
What's hard is getting anyone to listen
when you're just another black kid...
139
00:07:54,159 --> 00:07:56,275
... with a return address that says Sing Sing.
140
00:07:57,165 --> 00:07:58,947
But Todd here stepped up.
141
00:07:59,030 --> 00:08:00,729
He certainly did.
142
00:08:01,199 --> 00:08:05,654
Listen, Leigh is on the board
of the exonerated project.
143
00:08:05,709 --> 00:08:07,519
And they're having a benefit next week.
144
00:08:07,547 --> 00:08:09,190
It's a heavy-hitting crowd.
145
00:08:09,332 --> 00:08:12,115
It might be the place to start
getting your side of the story out.
146
00:08:12,202 --> 00:08:13,536
Just tell me where and when.
147
00:08:13,591 --> 00:08:16,407
Great, I'll let you two get to work.
148
00:08:18,715 --> 00:08:21,917
So, I've got their witness list.
149
00:08:23,032 --> 00:08:24,507
Married the boss, huh?
150
00:08:27,875 --> 00:08:29,101
Yeah.
151
00:08:29,630 --> 00:08:30,910
No surprises here.
152
00:08:30,966 --> 00:08:34,224
Looks like the prosecution case rests
with your association with Colfax,
153
00:08:34,279 --> 00:08:36,952
and the fact that you had worked
at The Burger Kastle.
154
00:08:37,286 --> 00:08:39,541
So did every other 16-year-old on my block.
155
00:08:40,321 --> 00:08:42,771
They're the only place that would hire
kids from the projects.
156
00:08:44,748 --> 00:08:47,839
We need to make a list of
every kid that worked there,
157
00:08:47,867 --> 00:08:50,010
and ask if they were questioned.
158
00:08:50,233 --> 00:08:53,324
Point up the fact that
this is a rush to judgment.
159
00:08:55,161 --> 00:08:57,027
I'd be happy to talk to her, Tracy.
160
00:08:57,584 --> 00:09:00,591
But I'm a forensics psychiatrist,
not a therapist.
161
00:09:00,981 --> 00:09:04,155
And Marisol is a witness, not a suspect.
162
00:09:04,266 --> 00:09:08,080
Without the fingerprint I have nothing that
puts Kenny Thompson at that restaurant.
163
00:09:08,192 --> 00:09:11,366
Now the police report says that
when they found Marisol in the basement,
164
00:09:11,422 --> 00:09:15,097
- she was still conscious.
- And she doesn't remember anything.
165
00:09:17,720 --> 00:09:20,282
Memory loss is common
in trauma victims.
166
00:09:20,421 --> 00:09:21,980
It's a survival mechanism.
167
00:09:22,286 --> 00:09:24,458
So how do we access those memories?
168
00:09:24,597 --> 00:09:25,989
We probably don't.
169
00:09:27,653 --> 00:09:30,855
Humor me, Richard.
Just for a minute, be an optimist.
170
00:09:31,356 --> 00:09:34,391
Sometimes you can stumble on a trigger.
171
00:09:34,753 --> 00:09:38,345
A visual cue, a sound, even a smell.
172
00:09:39,434 --> 00:09:41,605
And the memories come pouring out.
173
00:09:45,782 --> 00:09:47,369
We've got the place to ourselves.
174
00:09:47,672 --> 00:09:49,315
They don't open till 9:00.
175
00:09:50,763 --> 00:09:54,493
Like I told you, the two guys
came in wearing masks
176
00:09:54,577 --> 00:09:57,083
The bigger one told us
to get downstairs.
177
00:09:57,361 --> 00:09:59,477
After that, I don't remember.
178
00:10:00,424 --> 00:10:02,958
We know, and we're not trying to pressure you.
179
00:10:02,986 --> 00:10:06,048
But being here at the scene
of the crime might unlock memories,
180
00:10:06,104 --> 00:10:07,997
fill in the missing pieces.
181
00:10:08,818 --> 00:10:10,099
I'm not sure.
182
00:10:10,210 --> 00:10:12,911
Anytime you wanna stop, we'll stop.
183
00:10:13,427 --> 00:10:14,652
You're the one in charge.
184
00:10:18,299 --> 00:10:19,496
Okay, Marisol.
185
00:10:21,028 --> 00:10:25,343
So where were you when Thompson
and Colfax came in?
186
00:10:28,907 --> 00:10:30,327
Sitting at the counter.
187
00:10:31,163 --> 00:10:32,610
I was right about here.
188
00:10:34,392 --> 00:10:37,344
Okay, so they came in,
189
00:10:38,402 --> 00:10:41,130
and they told everybody
to get downstairs.
190
00:10:41,631 --> 00:10:42,884
And you?
191
00:10:55,328 --> 00:10:57,082
So let's go downstairs.
192
00:11:07,962 --> 00:11:09,577
Meat locker's still here.
193
00:11:10,384 --> 00:11:12,612
Well, they found you
around the corner here.
194
00:11:22,344 --> 00:11:23,486
How are you doing?
195
00:11:24,265 --> 00:11:25,351
I'm okay.
196
00:11:30,140 --> 00:11:32,535
You were found in this corner here.
197
00:11:33,119 --> 00:11:36,293
So you would have had
a full view of the office door...
198
00:11:36,342 --> 00:11:38,736
... when Ana came out and shot Colfax.
199
00:11:41,889 --> 00:11:43,476
I just don't remember.
200
00:11:44,172 --> 00:11:47,346
Maybe if you came over here
and knelt down on the floor.
201
00:12:11,406 --> 00:12:12,492
Anything?
202
00:12:26,569 --> 00:12:27,432
I'm trying.
203
00:12:27,627 --> 00:12:29,883
- I really am.
- I know you are, Marisol.
204
00:12:30,217 --> 00:12:33,029
Even a fragment, a feeling.
205
00:12:35,061 --> 00:12:36,982
Ooh, you scare me.
206
00:12:37,038 --> 00:12:39,015
I forgot you were coming this morning.
207
00:12:39,043 --> 00:12:40,853
Sorry to bother you.
208
00:12:42,161 --> 00:12:43,164
I gotta go.
209
00:12:43,414 --> 00:12:44,834
I gotta get outta here.
210
00:12:44,973 --> 00:12:46,087
Marisol!
211
00:12:47,451 --> 00:12:50,458
Tracy, we're done here.
212
00:12:55,685 --> 00:12:57,829
So what do you think?
213
00:12:58,107 --> 00:12:59,360
You the artist?
214
00:12:59,694 --> 00:13:00,446
No.
215
00:13:01,261 --> 00:13:03,099
Good, 'cause I don't like it.
216
00:13:03,767 --> 00:13:06,746
And if I said yes, I was the artist?
217
00:13:06,886 --> 00:13:08,027
I like it.
218
00:13:08,405 --> 00:13:10,874
It kinda reminds me
of early Rauschenberg.
219
00:13:12,173 --> 00:13:14,767
- You paint?
- No, I just read about it.
220
00:13:15,409 --> 00:13:18,577
Library had a lot of books,
and I had a lot of time.
221
00:13:19,084 --> 00:13:23,406
Eight years of wrongful incarceration
is one hell of an art appreciation course.
222
00:13:23,888 --> 00:13:25,257
Mya Sullivan.
223
00:13:25,472 --> 00:13:27,351
Being bitter wouldn't do me any good.
224
00:13:27,485 --> 00:13:29,472
I admire your attitude, Mr. Thompson.
225
00:13:29,657 --> 00:13:31,697
Hey, Kenny. Having a good time?
226
00:13:31,818 --> 00:13:33,945
Yeah, but I'm gonna take off.
227
00:13:34,720 --> 00:13:37,211
My boys on the NYPD look kinda tired.
228
00:13:37,425 --> 00:13:39,327
You have cops following you?
229
00:13:39,568 --> 00:13:40,881
24-7.
230
00:13:41,122 --> 00:13:43,961
- Is that even legal?
- I'm black.
231
00:13:44,161 --> 00:13:46,438
Innocent until proven guilty doesn't apply.
232
00:13:48,554 --> 00:13:51,072
I'm sorry.
I didn't mean to get all political.
233
00:13:51,525 --> 00:13:55,221
Especially with all the pretty pictures
and pretty people.
234
00:13:55,328 --> 00:13:56,695
Catch y'all later.
235
00:13:59,528 --> 00:14:03,037
There's gotta be something you can do.
File a motion.
236
00:14:03,278 --> 00:14:07,216
- It's a public street.
- They're harassing your client.
237
00:14:07,482 --> 00:14:09,598
Surveillance is hardly harassment.
238
00:14:09,652 --> 00:14:10,670
Leigh?
239
00:14:11,366 --> 00:14:13,214
Thanks for letting me know who's who.
240
00:14:14,686 --> 00:14:16,561
- You're not offering a plea?
- Nope.
241
00:14:16,963 --> 00:14:18,624
I told Branch I thought
that was the way to go.
242
00:14:18,677 --> 00:14:20,552
Well, I think this is winnable.
243
00:14:20,579 --> 00:14:23,874
Without the fingerprint evidence,
this is an entirely circumstantial case.
244
00:14:24,269 --> 00:14:26,572
I wish people would stop
saying that like it's bad.
245
00:14:26,599 --> 00:14:30,269
Most cases are circumstantial.
And these circumstances are compelling.
246
00:14:30,776 --> 00:14:34,579
Both Colfax and Thompson spent
time in juvie for armed robbery.
247
00:14:34,603 --> 00:14:37,335
Marisol heard his voice.
We can bring her in for a lineup.
248
00:14:37,389 --> 00:14:39,639
Tracy, I lived this case for a year.
249
00:14:39,717 --> 00:14:41,780
I drank the same Kool-Aid you're sipping right now,
250
00:14:41,833 --> 00:14:44,057
and I'm telling you, you can't win.
251
00:14:45,034 --> 00:14:47,499
Wow, Nick, if this is your idea of a pep talk...
252
00:14:47,563 --> 00:14:49,037
You got it all figured out.
253
00:14:51,287 --> 00:14:52,144
Read this.
254
00:14:52,278 --> 00:14:53,430
What is that?
255
00:14:53,507 --> 00:14:55,837
A letter I got from one
of the jurors after the trial.
256
00:14:57,737 --> 00:14:59,532
He says without the fingerprint,
257
00:14:59,666 --> 00:15:01,112
they would have acquitted.
258
00:15:03,520 --> 00:15:05,368
Don't try this case again.
259
00:15:05,609 --> 00:15:08,047
Plead it out or you'll lose.
260
00:15:12,825 --> 00:15:15,767
This letter states that
the jury in the first trial...
261
00:15:15,816 --> 00:15:19,382
relied entirely on the fingerprint
evidence to convict Thompson.
262
00:15:19,434 --> 00:15:21,881
- Well, it's evidence we don't have.
- Right.
263
00:15:22,008 --> 00:15:24,351
So what investigation was done
on the money trail?
264
00:15:24,429 --> 00:15:27,292
Well, we know the robbery
netted Thompson about three grand.
265
00:15:27,340 --> 00:15:29,579
In small bills,
none of which were ever found.
266
00:15:29,631 --> 00:15:33,093
The original case detective searched
Thompson's place, the grandmother's.
267
00:15:33,166 --> 00:15:35,691
There's no sign of any cash
or night deposit bags.
268
00:15:35,769 --> 00:15:38,112
Well, we also checked
large purchases: nothing.
269
00:15:38,290 --> 00:15:39,565
Check any girlfriends?
270
00:15:39,617 --> 00:15:41,414
Yeah, if he had 'em,
no one found 'em.
271
00:15:41,440 --> 00:15:42,975
Is he seeing anybody now?
272
00:15:43,102 --> 00:15:45,523
They get out, they usually
dip into the same old pool.
273
00:15:45,549 --> 00:15:48,490
Surveillance says he likes
to spend time at Sylvia's up on Lennox.
274
00:15:48,569 --> 00:15:50,989
Says he likes the waitress up there.
Kim Evans.
275
00:15:51,345 --> 00:15:53,037
Find out what she sees in him.
276
00:15:54,365 --> 00:15:56,317
Why you gotta harass me at work?
277
00:15:56,343 --> 00:15:58,139
You see I'm in the middle of the lunch rush.
278
00:15:58,165 --> 00:16:00,273
Kenny Thompson grew up
in the same building with you,
279
00:16:00,321 --> 00:16:01,649
and he was tight with your brother Manny.
280
00:16:01,675 --> 00:16:03,419
Last thing I heard,
he was locked up.
281
00:16:03,679 --> 00:16:05,033
He wasn't with you the other day?
282
00:16:05,189 --> 00:16:06,673
A couple cops saw him talking to you.
283
00:16:07,055 --> 00:16:10,283
You and Kenny were hanging out the other night.
Narcs told us you bought some weed.
284
00:16:10,387 --> 00:16:11,428
Did he ask you to do that?
285
00:16:12,339 --> 00:16:13,849
Hmm, nice.
286
00:16:14,031 --> 00:16:15,854
Having your girl buy the drugs.
287
00:16:16,135 --> 00:16:18,817
Okay, arrest me for scoring a joint.
Go ahead.
288
00:16:18,999 --> 00:16:21,602
We don't want to. 'Cause we pulled
your jacket the other day,
289
00:16:21,758 --> 00:16:23,554
and that would be a violation of your parole.
290
00:16:24,249 --> 00:16:26,071
Looks like you got a good thing going on here.
291
00:16:26,149 --> 00:16:27,685
Busy place. Good tips.
292
00:16:27,711 --> 00:16:28,987
I don't know anything.
293
00:16:29,013 --> 00:16:31,434
$3,000 was taken from the Burger Kastle.
294
00:16:31,455 --> 00:16:34,032
That was like eight years ago.
I had nothing to do with that.
295
00:16:34,136 --> 00:16:35,932
Maybe you saw Kenny flush that weekend.
296
00:16:35,954 --> 00:16:37,698
I never saw Kenny with any money.
297
00:16:37,724 --> 00:16:38,974
Maybe he bought you a gift.
298
00:16:39,286 --> 00:16:41,577
Are we talking about the same Kenny Thompson?
299
00:17:01,593 --> 00:17:02,947
Face forward.
300
00:17:07,398 --> 00:17:09,194
Really listen to their voices.
301
00:17:10,654 --> 00:17:15,548
Please step forward one at a time
and say, "get downstairs."
302
00:17:20,771 --> 00:17:22,072
Get downstairs.
303
00:17:23,374 --> 00:17:24,675
Get downstairs.
304
00:17:26,055 --> 00:17:27,356
Get downstairs.
305
00:17:27,721 --> 00:17:28,866
Louder please.
306
00:17:30,217 --> 00:17:31,701
Get downstairs!
307
00:17:32,976 --> 00:17:34,330
Get downstairs!
308
00:17:35,106 --> 00:17:36,252
Get downstairs.
309
00:17:39,840 --> 00:17:41,037
It could have been any of them.
310
00:17:44,755 --> 00:17:46,030
One more time please.
311
00:17:48,738 --> 00:17:50,143
Get downstairs.
312
00:17:50,947 --> 00:17:52,326
Get downstairs.
313
00:17:53,914 --> 00:17:55,320
Get downstairs!
314
00:17:56,018 --> 00:17:57,606
Get downstairs!
315
00:17:58,205 --> 00:17:59,428
Get downstairs.
316
00:18:08,508 --> 00:18:09,445
We're good.
317
00:18:09,698 --> 00:18:11,494
She couldn't ID a ham sandwich.
318
00:18:12,379 --> 00:18:14,436
So the only problem now is Lansing.
319
00:18:14,670 --> 00:18:16,154
I wouldn't worry about him.
320
00:18:16,227 --> 00:18:18,128
I can muddy up his story on cross.
321
00:18:18,752 --> 00:18:20,054
Why wait? Talk to him now.
322
00:18:20,080 --> 00:18:22,110
See if his story's changed.
323
00:18:22,340 --> 00:18:25,490
He's a prosecution witness, Kenny.
He won't talk to me.
324
00:18:25,516 --> 00:18:27,156
They can fight us even seeing him.
325
00:18:27,204 --> 00:18:30,693
The rules of discovery entitle you to talk
to any witness on their list.
326
00:18:30,823 --> 00:18:32,385
They can decline to answer questions,
327
00:18:32,358 --> 00:18:34,909
but you make that son-of-a-bitch
do it to your face.
328
00:18:38,248 --> 00:18:39,289
But you're the lawyer.
329
00:18:40,643 --> 00:18:41,476
It's your call.
330
00:18:47,466 --> 00:18:49,392
Mr. Lansing changed his name...
331
00:18:49,470 --> 00:18:53,375
... and moved his family out of fear
of retribution from Mr. Thompson.
332
00:18:53,502 --> 00:18:55,767
Your Honor can understand why I'm...
333
00:18:55,975 --> 00:19:01,390
... reluctant to provide the defense
with Mr. Lansing's address and phone number.
334
00:19:01,468 --> 00:19:03,524
It's called discovery, Ms. Kibre.
335
00:19:03,565 --> 00:19:06,689
If defense wants a meeting, come up
with a neutral place for it to happen.
336
00:19:06,819 --> 00:19:09,995
Your Honor, regarding the
readmissability of the confession...
337
00:19:10,017 --> 00:19:13,792
I've read your brief, Ms. Gaffney.
You touched on some new grounds.
338
00:19:13,870 --> 00:19:16,213
- Your Honor...
- But I find none of them compelling.
339
00:19:16,364 --> 00:19:17,718
The confession stays out.
340
00:19:17,848 --> 00:19:21,232
On to the defense's motion
to preclude the police...
341
00:19:21,280 --> 00:19:24,430
... from coming within 200 feet
of the defendant.
342
00:19:24,508 --> 00:19:29,011
Your Honor, the police have engaged
in a pattern of harassment and intimidation.
343
00:19:29,029 --> 00:19:31,814
Mr. Thompson is a dangerous felon who,
344
00:19:31,918 --> 00:19:36,005
through some loophole in the legal system,
has been released on an unsuspecting public.
345
00:19:36,031 --> 00:19:38,166
I take offense that you refer to...
346
00:19:38,266 --> 00:19:41,181
... perjured testimony
as a loophole, Ms. Kibre.
347
00:19:41,259 --> 00:19:43,211
- What I meant, your Honor
- I know what you meant.
348
00:19:43,988 --> 00:19:47,294
Obviously, I can't stop
the police from conducting surveillance,
349
00:19:47,320 --> 00:19:50,001
but I can keep them at a reasonable distance.
350
00:19:50,622 --> 00:19:53,616
Not only will I grant your motion, Mr. Eckhart,
351
00:19:53,798 --> 00:19:55,516
I will add 100 feet.
352
00:20:02,191 --> 00:20:03,570
This is all for show.
353
00:20:03,596 --> 00:20:06,069
The defense is trying to rattle you.
354
00:20:06,746 --> 00:20:08,672
I really don't have to answer
any of their questions?
355
00:20:08,724 --> 00:20:12,160
Absolutely not.
This is a formality.
356
00:20:14,059 --> 00:20:14,580
Okay?
357
00:20:28,930 --> 00:20:31,247
Kenny, what the hell are you doing here?
358
00:20:31,637 --> 00:20:33,303
What? I can't see my own lawyer?
359
00:20:33,537 --> 00:20:34,553
Not here.
360
00:20:35,047 --> 00:20:36,453
How'd you know I was gonna be here?
361
00:20:36,580 --> 00:20:37,804
What you get outta Lansing?
362
00:20:37,960 --> 00:20:39,418
Nothing. The guy stonewalled.
363
00:20:39,756 --> 00:20:41,839
We gotta get outta here.
They can arrest you for...
364
00:20:42,047 --> 00:20:42,958
Yo, Charlie.
365
00:20:45,452 --> 00:20:47,405
- Come on.
- I know what I'm doin'.
366
00:20:49,565 --> 00:20:50,580
Oh, jeez.
367
00:20:53,722 --> 00:20:55,779
Don't you ever grab me like that again.
368
00:21:01,977 --> 00:21:04,502
I promise you I had no idea
he was gonna be here.
369
00:21:07,574 --> 00:21:08,901
He can know where I live.
370
00:21:09,537 --> 00:21:10,994
Where my daughter goes to school.
371
00:21:10,994 --> 00:21:13,025
The police are picking up
your wife and daughter,
372
00:21:13,103 --> 00:21:15,159
and they're gonna take
the three of you to a hotel...
373
00:21:15,185 --> 00:21:18,882
until he's in custody and
for the duration of the trial.
374
00:21:22,673 --> 00:21:24,417
You're gonna be okay, Charlie.
375
00:21:26,604 --> 00:21:27,983
I'll be right back.
376
00:21:33,498 --> 00:21:34,929
Have we located Thompson?
377
00:21:35,264 --> 00:21:37,529
We're covering all his known hangouts.
378
00:21:37,945 --> 00:21:39,039
But nothing yet.
379
00:21:44,730 --> 00:21:48,635
If we don't pick him up here, we've papered
his neighborhood with reward posters.
380
00:21:48,995 --> 00:21:50,609
Ten grand for any information.
381
00:21:50,661 --> 00:21:53,030
Tracy, it's almost 5:00.
382
00:21:53,911 --> 00:21:57,738
He's checked in at Pre-Trial Services
every day since he was released.
383
00:21:58,493 --> 00:22:00,992
If he was gonna show up,
he'd have been here by now.
384
00:22:01,794 --> 00:22:04,449
Maybe he realized he screwed up
and took off.
385
00:22:04,762 --> 00:22:06,662
And spend the rest of his life on the run?
386
00:22:06,710 --> 00:22:09,469
No, this guy thinks
he's gonna beat us at trial.
387
00:22:09,495 --> 00:22:10,770
He'll show.
388
00:22:12,094 --> 00:22:15,998
Suspect spotted on foot.
Crossing 137th Street. All units go.
389
00:22:16,024 --> 00:22:17,274
Go, go, go.
390
00:22:18,910 --> 00:22:22,060
Kenneth Thompson, you're under arrest.
391
00:22:22,134 --> 00:22:23,045
I'm not resisting.
392
00:22:23,097 --> 00:22:25,049
You're under arrest for intimidating a witness.
393
00:22:25,075 --> 00:22:26,871
You have the right to remain silent.
If you give up that right,
394
00:22:26,919 --> 00:22:28,715
anything you say can
and will be used against you.
395
00:22:28,767 --> 00:22:31,708
It's Kibre. Put Lansing on.
396
00:22:32,538 --> 00:22:33,319
Hello.
397
00:22:33,371 --> 00:22:35,557
Charlie, they just arrested Thompson.
398
00:22:35,636 --> 00:22:38,317
So how does that help me or my family?
399
00:22:38,833 --> 00:22:40,863
What if you lose the case, and he gets out?
400
00:22:41,931 --> 00:22:43,206
I don't think I can help you.
401
00:22:43,228 --> 00:22:45,362
No, you're still gonna have to testify, but...
402
00:22:45,388 --> 00:22:46,716
I'm not saying another word.
403
00:22:46,768 --> 00:22:48,616
- Charlie.
- Do what you want to me.
404
00:22:48,668 --> 00:22:50,829
Charlie...listen to me.
405
00:22:51,579 --> 00:22:52,516
Damn it.
406
00:22:55,767 --> 00:22:58,083
He's in custody.
You got what you wanted.
407
00:23:00,192 --> 00:23:01,493
So did he.
408
00:23:05,314 --> 00:23:08,327
He's totally played me.
He's... he's orchestrating things.
409
00:23:08,475 --> 00:23:11,339
He got me to arrange a meeting
with Lansing to intimidate him.
410
00:23:11,358 --> 00:23:13,432
You did nothing unethical.
You're covered.
411
00:23:13,456 --> 00:23:15,975
- That's not the point, Leigh.
- What is the point, Todd?
412
00:23:16,066 --> 00:23:18,091
Why would he intimidate
a witness unless he was guilty?
413
00:23:18,116 --> 00:23:20,659
Aw, come on, whatever he might have done,
it was a long time ago.
414
00:23:20,684 --> 00:23:22,955
- He's a different person now.
- Back to earth, Leigh.
415
00:23:22,998 --> 00:23:25,294
- He killed four people.
- Keep your voice down.
416
00:23:27,146 --> 00:23:28,800
Do you want to be a litigator or not?
417
00:23:28,861 --> 00:23:30,169
The man's a sociopath.
418
00:23:30,219 --> 00:23:32,540
So if one of our corporate
clients has a product that causes cancer,
419
00:23:32,564 --> 00:23:33,577
we don't defend them?
420
00:23:33,651 --> 00:23:35,527
- We only defend the good guys?
- That's totally different.
421
00:23:35,552 --> 00:23:36,490
No, it's not.
422
00:23:37,224 --> 00:23:40,409
Your client just did you a favor
by scaring off their one eyewitness.
423
00:23:40,631 --> 00:23:43,125
You can either whine about that,
or win with it.
424
00:23:48,391 --> 00:23:50,909
I was reading the transcript
of the original trial.
425
00:23:52,341 --> 00:23:53,996
Your closing's good.
426
00:23:54,580 --> 00:24:00,111
"You wake up, look outside, and the ground
is blanketed with untouched snow.
427
00:24:00,975 --> 00:24:03,123
"Except for a set of footprints...
428
00:24:03,363 --> 00:24:06,326
"... leading to the mailbox
and leading away.
429
00:24:06,400 --> 00:24:08,104
"You find mail in the box.
430
00:24:09,554 --> 00:24:12,270
"You can safely assume
the mailman was there.
431
00:24:12,492 --> 00:24:13,949
"No one saw him.
432
00:24:14,065 --> 00:24:17,473
"But circumstantial evidence is compelling
beyond a reasonable doubt."
433
00:24:17,942 --> 00:24:19,177
It's a great analogy.
434
00:24:19,490 --> 00:24:21,910
I'm afraid it didn't have
the desired effect on the jury.
435
00:24:23,188 --> 00:24:24,941
I got the feeling they'd wanna compare...
436
00:24:25,015 --> 00:24:28,003
... a plaster cast of the footprints
to the mailman's boots.
437
00:24:29,551 --> 00:24:31,255
I think...
438
00:24:33,650 --> 00:24:34,934
I'm in trouble, Nick.
439
00:24:36,630 --> 00:24:38,951
I open tomorrow,
and all I've got is Lansing.
440
00:24:39,223 --> 00:24:42,087
And I had to subpoena him
to compel him to appear.
441
00:24:44,212 --> 00:24:45,965
Then you better pray he stays strong.
442
00:24:46,335 --> 00:24:48,656
Because everything else
is the mailman's footprints.
443
00:24:54,527 --> 00:24:56,305
When you were sitting on your stoop,
444
00:24:56,379 --> 00:24:58,231
and asked the man for a cigarette,
445
00:24:58,527 --> 00:24:59,885
how far away was he?
446
00:25:00,922 --> 00:25:01,712
A few feet.
447
00:25:02,601 --> 00:25:03,663
But it was dark.
448
00:25:04,695 --> 00:25:06,053
And the guy was really dark skinned.
449
00:25:06,769 --> 00:25:08,078
I really didn't get a good look.
450
00:25:10,269 --> 00:25:11,257
Mr. Lansing?
451
00:25:12,872 --> 00:25:13,687
Charlie.
452
00:25:14,773 --> 00:25:18,650
But you identified the man you talked to
as the defendant, Kenny Thompson.
453
00:25:19,514 --> 00:25:20,378
I guess I did.
454
00:25:21,909 --> 00:25:23,218
But now, I'm not so sure.
455
00:25:27,185 --> 00:25:32,427
Mr. Lansing, is it true that last week
contrary to the order of this court,
456
00:25:33,814 --> 00:25:36,676
Mr. Thompson sought you out
and threatened you?
457
00:25:36,748 --> 00:25:37,518
That's not...
458
00:25:39,666 --> 00:25:40,387
Look,
459
00:25:40,916 --> 00:25:43,177
I was pushed into making
this ID eight years ago.
460
00:25:43,201 --> 00:25:45,726
Who pushed you?
You came forward on your own.
461
00:25:45,942 --> 00:25:48,852
You testified under oath
before a Grand Jury.
462
00:25:51,048 --> 00:25:52,419
That's not how I remember it.
463
00:25:59,168 --> 00:26:01,285
Permission to treat
the witness as hostile.
464
00:26:01,501 --> 00:26:02,223
Go ahead.
465
00:26:02,816 --> 00:26:05,317
At this time the people wish
to enter into evidence...
466
00:26:05,365 --> 00:26:08,948
... Mr. Lansing's testimony from the
original Grand Jury transcript.
467
00:26:09,966 --> 00:26:10,928
We're doing great.
468
00:26:10,976 --> 00:26:13,357
That goes back a long way, Ms. Kibre.
469
00:26:13,453 --> 00:26:16,050
The witness made several sworn statements.
470
00:26:16,748 --> 00:26:17,614
Very well.
471
00:26:22,407 --> 00:26:24,283
I just got a text from Dr. Link.
472
00:26:24,644 --> 00:26:26,279
Marisol remembers something.
473
00:26:27,049 --> 00:26:29,021
Find out what.
474
00:26:30,183 --> 00:26:33,285
I saw Ana open the office door,
475
00:26:33,886 --> 00:26:34,776
and...
476
00:26:35,946 --> 00:26:37,774
... I must have started screaming.
477
00:26:38,087 --> 00:26:41,622
'Cause I see the guy
look up at Ana and goes,
478
00:26:42,199 --> 00:26:44,772
"Trey, she's got a gun."
479
00:26:45,726 --> 00:26:47,818
Who said, "Trey, she's got a gun"?
480
00:26:48,155 --> 00:26:48,924
Colfax.
481
00:26:50,904 --> 00:26:52,299
The guy that Ana shot.
482
00:26:54,535 --> 00:26:58,431
Thompson's arrest record
lists Trey as one of his aliases.
483
00:26:59,713 --> 00:27:02,238
When exactly did you
remember someone saying,
484
00:27:02,311 --> 00:27:03,874
"Trey, she's got a gun"?
485
00:27:06,126 --> 00:27:08,723
A few days after
I revisited the crime scene.
486
00:27:09,493 --> 00:27:11,296
Did you remember anything else?
487
00:27:11,441 --> 00:27:12,090
Yeah.
488
00:27:16,056 --> 00:27:17,379
Before he shot me...
489
00:27:20,265 --> 00:27:21,563
... he put the gun...
490
00:27:23,487 --> 00:27:24,882
... to the back of my head.
491
00:27:31,041 --> 00:27:32,604
And he said, "Don't worry.
492
00:27:36,764 --> 00:27:37,846
It'll be fast."
493
00:27:39,097 --> 00:27:40,299
Marisol,
494
00:27:40,491 --> 00:27:43,570
after these memories came back
to you, what did you do?
495
00:27:43,778 --> 00:27:45,365
I called Dr. Link.
496
00:27:46,495 --> 00:27:47,650
He's been helping me.
497
00:27:52,042 --> 00:27:52,788
Thank you.
498
00:27:58,393 --> 00:28:01,159
Dr. Link, how did you
get involved in this case?
499
00:28:01,351 --> 00:28:04,045
Tracy Kibre asked me
to evaluate Ms. Rodriguez.
500
00:28:04,213 --> 00:28:05,944
Evaluate or influence?
501
00:28:06,006 --> 00:28:09,757
When Ms. Kibre called, I was careful
to make my role very clear.
502
00:28:10,142 --> 00:28:12,787
I don't believe in trying to force
or shape a patient's memory.
503
00:28:12,828 --> 00:28:15,883
And yet you participated in an obvious
attempt to trigger a memory.
504
00:28:16,219 --> 00:28:17,494
A visit back to the crime scene.
505
00:28:17,734 --> 00:28:20,139
Because Ms. Rodriguez wanted to be there.
506
00:28:20,484 --> 00:28:23,850
I discussed the dangers as well as
the potentially therapeutic outcomes.
507
00:28:24,259 --> 00:28:25,245
She chose to go.
508
00:28:25,486 --> 00:28:28,419
Did Marisol Rodriguez ever
spend time in your waiting room?
509
00:28:28,628 --> 00:28:30,287
Yes, before her sessions.
510
00:28:30,431 --> 00:28:32,860
I imagine, like most doctors,
you have magazines there.
511
00:28:33,317 --> 00:28:33,822
Yes.
512
00:28:34,199 --> 00:28:37,469
So while she waited, Marisol Rodriguez
could have read those magazines.
513
00:28:37,846 --> 00:28:39,986
Maybe even a back issue
of Manhattan Minute.
514
00:28:40,034 --> 00:28:41,165
Objection.
515
00:28:41,814 --> 00:28:43,233
Calls for speculation.
516
00:28:43,425 --> 00:28:45,590
Do you know whether
she read the magazine?
517
00:28:47,048 --> 00:28:49,525
I don't know whether
she did or she didn't.
518
00:28:50,086 --> 00:28:53,790
I subscribe to that magazine.
And there are back issues in my waiting room.
519
00:28:54,728 --> 00:28:59,128
I offer into evidence a copy of
Manhattan Minute from April, 2003.
520
00:28:59,216 --> 00:29:01,573
I call your attention
to the article on page 28...
521
00:29:01,613 --> 00:29:03,826
... which profiles the Burger Kastle massacres...
522
00:29:03,898 --> 00:29:07,120
... and refers more than once
to Kenny Thompson as Trey.
523
00:29:07,313 --> 00:29:11,112
I believe her memory came
from the actual experience.
524
00:29:11,434 --> 00:29:12,756
Not something she read.
525
00:29:12,877 --> 00:29:15,017
I've no doubt, Dr. Link,
that you have the ability...
526
00:29:15,065 --> 00:29:18,143
... to distinguish between real
memories and mere suggestion.
527
00:29:19,586 --> 00:29:20,668
But does Marisol?
528
00:29:29,638 --> 00:29:32,812
I did see Kenny with some money
the day after the robbery.
529
00:29:34,127 --> 00:29:36,051
Why didn't you tell anyone this before?
530
00:29:36,123 --> 00:29:37,854
Because we were together then.
531
00:29:38,014 --> 00:29:40,876
And, you know, he wasn't the kind of guy
I wanted to piss off.
532
00:29:40,924 --> 00:29:42,680
So you're not together anymore?
533
00:29:43,065 --> 00:29:44,604
He's all uptown now.
534
00:29:44,700 --> 00:29:46,864
Told me I need to lose some weight.
535
00:29:48,419 --> 00:29:50,151
So you're angry at Kenny.
536
00:29:52,330 --> 00:29:54,254
See a chance to get back at him...
537
00:29:54,471 --> 00:29:56,539
... and make some money in the process.
538
00:29:57,020 --> 00:29:58,871
Look, do you want my story or not?
539
00:29:58,976 --> 00:30:01,429
How much money did you
actually see on Kenny?
540
00:30:01,501 --> 00:30:02,776
Like a couple thousand.
541
00:30:02,824 --> 00:30:06,744
And it was all weird too.
Like rolls of coins and lots of ones.
542
00:30:06,809 --> 00:30:07,939
What was the money in?
543
00:30:09,903 --> 00:30:11,851
Was it loose? Or in a bag?
544
00:30:11,875 --> 00:30:13,005
Yeah, it was in a bag.
545
00:30:13,053 --> 00:30:14,664
Like one of those night-deposit bags.
546
00:30:14,712 --> 00:30:15,530
What color?
547
00:30:16,107 --> 00:30:16,684
Color?
548
00:30:17,245 --> 00:30:19,289
Yeah, what color was the bag?
549
00:30:24,508 --> 00:30:25,951
I'm not sure.
550
00:30:31,514 --> 00:30:32,475
Was it green?
551
00:30:37,614 --> 00:30:38,527
She's lying.
552
00:30:39,337 --> 00:30:41,549
She knew the money was
in a night-deposit bag.
553
00:30:41,574 --> 00:30:43,064
That wasn't released to the press.
554
00:30:43,080 --> 00:30:44,042
She's a waitress.
555
00:30:44,090 --> 00:30:46,279
Of course, she knows that
closing money goes into bags.
556
00:30:46,303 --> 00:30:48,708
Okay, I get it, Kelly.
You didn't buy her story.
557
00:30:48,748 --> 00:30:50,431
- Neither did you.
- Yeah, well, you're wrong.
558
00:30:50,503 --> 00:30:51,225
I did.
559
00:30:51,273 --> 00:30:53,461
And even if I didn't, it's not my problem.
560
00:30:53,501 --> 00:30:54,848
It's up to a jury to decide.
561
00:30:54,872 --> 00:30:57,926
Well, you made it your problem
when you told her what to say.
562
00:30:57,950 --> 00:30:59,249
I refreshed her memory.
563
00:30:59,273 --> 00:31:02,207
Call it what you want,
I call it prosecutorial misconduct.
564
00:31:02,263 --> 00:31:02,961
Hey, watch it.
565
00:31:03,009 --> 00:31:05,462
You put her on the stand,
you'll be suborning perjury.
566
00:31:05,582 --> 00:31:06,833
You're crossing a line.
567
00:31:06,881 --> 00:31:10,344
No, you are, and it's the same line that
Nick Forster crossed eight years ago.
568
00:31:10,408 --> 00:31:12,692
A decision which will
probably get him disbarred.
569
00:31:12,716 --> 00:31:13,414
Look,
570
00:31:13,814 --> 00:31:16,051
tomorrow morning
when I put Kim on the stand,
571
00:31:16,051 --> 00:31:18,648
you're either with me,
or you take a sick day.
572
00:31:26,289 --> 00:31:27,504
What is she gonna say?
573
00:31:28,947 --> 00:31:32,365
For ten grand, she'll say anything.
She'll say I confessed to her.
574
00:31:32,539 --> 00:31:33,501
Did you?
575
00:31:35,046 --> 00:31:36,818
Were you wearing gloves that night, Kenny?
576
00:31:37,653 --> 00:31:40,489
Is that how you were so sure
the fingerprint expert was lying?
577
00:31:40,762 --> 00:31:44,028
All you gotta know about Kim Evans
is she's got a rap sheet longer than mine.
578
00:31:45,319 --> 00:31:47,116
Even you should be able to discredit her.
579
00:31:48,851 --> 00:31:51,813
Do you solemnly swear that the testimony
you give will be the truth,
580
00:31:51,889 --> 00:31:53,788
the whole truth, and nothing
but the truth, so help you God?
581
00:31:53,813 --> 00:31:55,079
You're not so sick after all.
582
00:31:56,744 --> 00:31:59,048
Actually, I am.
583
00:32:02,081 --> 00:32:03,904
Please state your name for the record.
584
00:32:04,030 --> 00:32:05,169
Kim Evans.
585
00:32:05,549 --> 00:32:08,055
What is your relationship to Mr. Thompson?
586
00:32:09,336 --> 00:32:10,753
I was his girlfriend.
587
00:32:10,905 --> 00:32:14,804
Did you see Mr. Thompson on April 9, 1997?
588
00:32:14,804 --> 00:32:16,956
The day after the Burger Kastle killings?
589
00:32:17,083 --> 00:32:18,905
Yeah, I saw him that day.
590
00:32:19,938 --> 00:32:21,229
Did he show you...
591
00:32:23,507 --> 00:32:24,748
Did he...
592
00:32:38,497 --> 00:32:39,459
Your Honor,
593
00:32:39,839 --> 00:32:41,054
a moment please.
594
00:32:41,864 --> 00:32:42,776
All right.
595
00:32:47,839 --> 00:32:48,750
Nod.
596
00:32:49,231 --> 00:32:52,522
Write something in your pad
like I'm giving you instructions.
597
00:32:52,734 --> 00:32:55,088
Get your cell phone and make believe...
598
00:32:55,139 --> 00:32:58,354
... you're making a really important phone call
as you leave the courtroom.
599
00:32:58,380 --> 00:32:59,671
And meet me in the hallway.
600
00:33:04,551 --> 00:33:06,754
I have no further questions for this witness.
601
00:33:06,894 --> 00:33:08,793
- But...
- Mr. Echkart?
602
00:33:09,755 --> 00:33:11,375
Nothing for this witness, your Honor.
603
00:33:12,008 --> 00:33:13,907
Do the People rest, Ms. Kibre?
604
00:33:15,294 --> 00:33:18,256
Actually, your Honor,
we'd like to request a recess.
605
00:33:18,331 --> 00:33:19,850
We'll adjourn until tomorrow.
606
00:33:31,435 --> 00:33:33,257
I hate it when you gloat.
607
00:33:34,943 --> 00:33:38,360
Combed through the old case
file, witnesses, evidence...
608
00:33:38,386 --> 00:33:39,677
So what's new?
609
00:33:39,879 --> 00:33:41,778
What do we have that Nick Forster didn't?
610
00:33:41,899 --> 00:33:44,026
Other than a weaker case?
611
00:33:44,102 --> 00:33:45,443
Marisol's testimony.
612
00:33:45,494 --> 00:33:47,241
Well her story is all over the place.
613
00:33:47,241 --> 00:33:49,545
It doesn't even jibe
with Thompson's confession.
614
00:33:49,690 --> 00:33:50,424
How so?
615
00:33:50,495 --> 00:33:55,102
Thompson claims that all of the employees
were blindfolded, bound, and gagged...
616
00:33:55,153 --> 00:33:57,381
... when Ana came out of the office
with guns blazing.
617
00:33:57,426 --> 00:33:58,413
That's how the police found them.
618
00:33:58,476 --> 00:34:02,552
Yeah, well, Marisol claims
that she saw Ana come out of the office...
619
00:34:02,585 --> 00:34:03,952
... and then started screaming.
620
00:34:04,003 --> 00:34:05,876
Now if I'm blindfolded, I can't see.
621
00:34:05,902 --> 00:34:07,142
And if I'm gagged, I'm not screaming.
622
00:34:07,193 --> 00:34:09,927
So Thompson and Colfax were in the process of...
623
00:34:10,023 --> 00:34:12,251
... gagging Marisol when Ana came out.
624
00:34:12,833 --> 00:34:15,770
Okay...okay. So...
625
00:34:16,392 --> 00:34:19,860
Thompson is in the process of gagging Marisol.
626
00:34:19,936 --> 00:34:22,873
Or Colfax is doing it,
which would explain why he yelled,
627
00:34:22,974 --> 00:34:24,771
"Trey, she's got a gun."
628
00:34:24,942 --> 00:34:29,600
So Ana shoots Colfax before
he gets a chance to gag Marisol.
629
00:34:29,696 --> 00:34:33,494
Then Thompson shoots Ana, but now
he's gotta subdue an hysterical Marisol.
630
00:34:33,519 --> 00:34:35,570
So he picks up the tape,
631
00:34:35,716 --> 00:34:38,931
and how do you rip tape off a roll
while holding a gun?
632
00:34:39,235 --> 00:34:40,703
Maybe he uses his teeth.
633
00:34:42,439 --> 00:34:43,629
Let's hope so.
634
00:34:44,135 --> 00:34:45,882
Where's Marisol's gag?
635
00:34:47,300 --> 00:34:51,452
Oh, it's useless. It was in that box
of exhibits that had bad water damage.
636
00:34:51,649 --> 00:34:54,054
What about the roll of tape the gag came off of?
637
00:34:54,155 --> 00:34:55,269
A different box.
638
00:34:55,649 --> 00:34:56,864
I might still have it.
639
00:34:58,023 --> 00:35:00,960
- Could have tooth marks, or...
- DNA.
640
00:35:01,188 --> 00:35:02,631
I'll call the crime lab.
641
00:35:04,476 --> 00:35:08,020
Ms. Kibre, a delay at this point in the trial...
642
00:35:08,045 --> 00:35:10,248
Just until the test results come back.
643
00:35:10,349 --> 00:35:12,602
Your Honor, there's a lack
of fundamental fairness here.
644
00:35:12,841 --> 00:35:17,145
At the last possible minute, Ms. Kibre is
conducting a complicated, technical procedure.
645
00:35:17,165 --> 00:35:21,266
A procedure which may exonerate his client
and put an end to this trial.
646
00:35:21,393 --> 00:35:24,633
We expect mitochondrial results
back within 24 hours.
647
00:35:24,653 --> 00:35:27,413
The People request a continuance until that time.
648
00:35:28,644 --> 00:35:30,770
I'll grant the continuance, Ms. Kibre.
649
00:35:31,150 --> 00:35:34,289
But I trust the People can firmly
establish the chain of custody.
650
00:35:34,592 --> 00:35:36,971
Jury's gonna wanna know
whose hands this roll of tape...
651
00:35:37,047 --> 00:35:39,858
... passed through from the moment
it was picked up at the crime scene...
652
00:35:39,908 --> 00:35:41,022
... until today.
653
00:35:41,668 --> 00:35:42,605
Yes, Your Honor.
654
00:35:46,782 --> 00:35:48,479
Where do we stand on the chain of custody?
655
00:35:48,498 --> 00:35:49,486
Not so good.
656
00:35:49,587 --> 00:35:53,511
The CSU Detective who bagged the tape at the scene
died in a car accident four years ago.
657
00:35:53,536 --> 00:35:55,283
Oh, come on.
658
00:35:55,480 --> 00:35:58,670
Well, somebody else must have seen him
put that tape in the evidence bag.
659
00:35:58,721 --> 00:36:00,544
Somebody did. Nick Forster.
660
00:36:02,052 --> 00:36:04,888
Having me anywhere near the case
weakens it for you.
661
00:36:04,913 --> 00:36:07,141
We got a DNA match.
I just need you.
662
00:36:07,204 --> 00:36:09,558
- I can't do it.
- I'm not asking.
663
00:36:09,634 --> 00:36:11,077
I'm calling you to the stand.
664
00:36:11,287 --> 00:36:13,236
- Beer?
- Nick.
665
00:36:15,103 --> 00:36:16,116
Don't you get it?
666
00:36:16,293 --> 00:36:19,888
I cannot testify without perjuring myself.
667
00:36:21,123 --> 00:36:24,465
Oh, my God, you knew the fingerprint was bad.
668
00:36:27,295 --> 00:36:29,902
After the confession was tossed,
I was desperate.
669
00:36:30,535 --> 00:36:34,409
How's a guy kill four people and not leave
a single sign of himself behind?
670
00:36:37,455 --> 00:36:40,088
I'm having dinner one night
with this FBI guy Tanner.
671
00:36:41,455 --> 00:36:42,569
He begs me...
672
00:36:43,404 --> 00:36:44,949
... to let him help me.
673
00:36:45,248 --> 00:36:49,450
On cross, Eckhart is gonna ask you
point blank about the fingerprint.
674
00:36:50,918 --> 00:36:51,855
I'll lie.
675
00:36:52,007 --> 00:36:54,539
You do and get caught,
Thompson goes free.
676
00:36:57,318 --> 00:36:58,939
You realize what you're asking me?
677
00:36:59,141 --> 00:37:03,673
Yeah, step up and admit what you did.
678
00:37:05,789 --> 00:37:07,308
You know I can't do that.
679
00:37:08,447 --> 00:37:09,865
Forget about the job.
680
00:37:10,979 --> 00:37:12,599
I could go to jail.
681
00:37:14,460 --> 00:37:18,688
The man I know wouldn't be able to live
with those bodies on his conscience.
682
00:37:30,037 --> 00:37:35,734
Ariadne Iberra, Ana Pacheco,
Max Loeb, and Jose Ruiz.
683
00:37:37,166 --> 00:37:40,558
You were the original prosecutor
in the murders of these individuals?
684
00:37:40,710 --> 00:37:41,520
I was.
685
00:37:43,191 --> 00:37:44,938
Do you recognize this duct tape?
686
00:37:45,115 --> 00:37:45,849
I do.
687
00:37:46,502 --> 00:37:51,008
It was the roll of tape found
at the crime scene on April 8, 1997.
688
00:37:51,185 --> 00:37:52,350
Where was it found?
689
00:37:54,213 --> 00:37:56,516
Right here outside the meat locker.
690
00:37:57,554 --> 00:37:58,694
And what was done with it?
691
00:37:58,764 --> 00:38:04,030
I saw a crime scene unit Detective Sonnenberg
bag it and enter it into evidence.
692
00:38:04,131 --> 00:38:05,093
And then what?
693
00:38:05,245 --> 00:38:08,637
I personally supervised gathering
all the evidence at the scene and...
694
00:38:09,061 --> 00:38:13,947
... transported it from the restaurant
to the intake technician at the 39th precinct.
695
00:38:14,094 --> 00:38:17,942
So just to be clear,
you saw Detective Sonnenberg...
696
00:38:18,038 --> 00:38:21,785
bag this roll of duct tape
and enter it into evidence?
697
00:38:21,962 --> 00:38:22,848
Yes.
698
00:38:37,262 --> 00:38:40,756
Isn't it true that the reason
you're not trying this case today...
699
00:38:41,049 --> 00:38:45,428
... is because you're currently under investigation
for falsifying fingerprint evidence...
700
00:38:45,504 --> 00:38:47,454
... in the first trial of Mr. Thompson?
701
00:38:48,289 --> 00:38:49,479
Yes.
702
00:38:52,232 --> 00:38:54,865
Did you falsify the fingerprint?
703
00:39:15,442 --> 00:39:16,278
Yes.
704
00:39:20,632 --> 00:39:24,024
You admit you've lied before.
Why should the jury believe you now?
705
00:39:24,648 --> 00:39:26,750
Because I've just admitted that lie under oath.
706
00:39:28,648 --> 00:39:30,724
Because I'll probably be disbarred.
707
00:39:32,719 --> 00:39:35,175
And I have nothing left to lose.
708
00:39:38,035 --> 00:39:39,377
I'm finished.
709
00:40:14,607 --> 00:40:17,645
- Guilty on all counts.
- Thank you!
710
00:40:22,745 --> 00:40:26,846
The firm has decided to sever
our relationship with you.
711
00:40:26,942 --> 00:40:29,018
We'd be happy to recommend a public defender.
712
00:40:29,068 --> 00:40:29,625
No.
713
00:40:30,379 --> 00:40:31,417
Excuse me?
714
00:40:31,620 --> 00:40:34,860
Sullivan & Sterling will
continue as counsel on my case.
715
00:40:34,906 --> 00:40:36,045
Why would we do that?
716
00:40:36,121 --> 00:40:38,982
Because I have at least seven examples
of ineffective assistance...
717
00:40:39,007 --> 00:40:41,260
... of counsel committed by our boy Todd here.
718
00:40:41,988 --> 00:40:44,140
- That's a lie.
- Maybe,
719
00:40:44,292 --> 00:40:47,228
but do you really want to put yourself
and the firm through a hearing?
720
00:40:49,091 --> 00:40:50,053
I'll be in touch.
721
00:40:58,660 --> 00:41:00,002
Branch fire him?
722
00:41:00,396 --> 00:41:02,523
Nope, he resigned.
723
00:41:02,725 --> 00:41:06,143
Smart, this way he gets
to collect his full pension.
724
00:41:07,986 --> 00:41:09,834
I don't think that entered into it.
725
00:41:10,062 --> 00:41:11,707
You give people too much credit.
726
00:41:12,036 --> 00:41:13,657
You don't give people enough.
727
00:41:15,113 --> 00:41:17,392
Big risk calling him to the stand.
728
00:41:17,493 --> 00:41:18,809
I had no choice.
729
00:41:19,341 --> 00:41:21,240
Why not wait for Eckhart to crucify him?
730
00:41:21,290 --> 00:41:22,784
He would have lied to Eckhart.
731
00:41:22,829 --> 00:41:25,032
Then I'd have known
he was giving false testimony.
732
00:41:25,133 --> 00:41:26,652
He could have just as easily lied to you.
733
00:41:26,728 --> 00:41:28,525
- I knew he wouldn't.
- Come on.
734
00:41:29,026 --> 00:41:31,052
You've known the guy for 15 years.
735
00:41:31,077 --> 00:41:32,723
You're telling me he never lied to you?
736
00:41:34,014 --> 00:41:35,128
Yeah, he lied to me.
737
00:41:36,540 --> 00:41:38,160
Just not about the law.
738
00:41:39,000 --> 00:41:42,104
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