All language subtitles for Raising the Bar s02e04.eng

Of course I did it.
He's my son.

- What are you people talking about?
- The photo.

I took a picture of my son.
I put it online. Big deal.

- They'll introduce this at trial.
- Good. They can see how insane it all is.

It's an admission.

I took a picture of my son in the tub.
I can't take a picture of my own kid?

It was posted online.

For my friends and family!

I- I know it seems crazy, but the bureau
chief is doing this case himself,

which means the D.A.'s office
is trying to make a point.

- And promoting and possessing a sexual performance by a child --
- What performance?

When you take a picture, nate,
it's considered a performance.

Not sexual.
My god.

He was going "ta-da."

- It was cute.
- I know.

I -- if we lose -- If we lose, you can go
to prison as a child sex offender,

- which means --
- I- I know what it means.

That's all I've been thinking
about since the arrest.

One year...

Only seeing my son in
supervised visits with my ex.

One year of people at his school
calling me a... pedophile.

People looking at me
like I'm filth.

If we can get a disposition,
avoid trial --

I need to get my son back.

What would you do?

www.addic7ed.com
Transcripted by mczolly and chamallow35

RAISING THE BAR -- Season 2 Episode 4
"No Child's Left Behind"

And you really want to criminalize every parent
who takes an innocent picture of their kid?

If it turned out the picture was being
sold by an online child pornographer,

- as your guy's was, I'd file every time.
- He didn't know about that, Nick.

Oh, so you're going with
the "he didn't know" defense.

Thanks for the heads-up.

By the way, juries generally
think it's a parent's job

to know to protect their child.
That's gonna be my approach --

Just so you're not surprised.
Professional courtesy.

Okay, at worst, he's not as responsible
a parent as he could have been.

Can't we just plead it
to a violation, all move on?

I'll drop the
sexual-performance charges.

He can take child
endangerment, no jail time,

parenting training,
sex-offender registration.

Register as a sex offender? Because
he took a picture of his kid?

- Getting out of a tub?
- You're the one asking for a deal.

And if he doesn't take it, you actually
want to put this guy in jail?

I want people to understand

your webpages aren't
as private as you think --

Protect your kids.

If he winds up behind bars, it'll be
because you couldn't sell him on a plea.

All right.

- Do we have a disposition in this matter?
- I think it is safe to say we do not.

All right. We'll go
to trial tomorrow.

Your Honor, I have
some additional discovery.

Defendant's search-engine report
for the year prior to his arrest.

- You got to be kidding.
- Are you kidding, Mr. Balco?

Not kidding, Your Honor.

Page 84.

"hot teens, barely legal."

I told you to take the plea.

Very well.
Unless there's anything else,

voir dire in the morning.

So I've surfed for porn.
You know, I'm a single guy.

Is that illegal?

No. But they'll use it
to...paint a picture.

Every search I did.

How do they even get this stuff?
I mean, that's like my private thoughts.

- Excluding it is gonna be a long shot.
- That's why he thinks I'll take a plea?

Well, that and the fact that child
endangerment is a misdemeanor.

You know, no jail time, but you'd
have to register as a sex offender.

You aren't telling me
to take that?

Sex-offender registration will
follow you for your whole life,

but a jury is always
a roll of the dice.

I didn't do anything wrong.

And the jury will see that.
They'll have to.

Right?

As for disposition
of joint property --

The traditional 50/50 split,
we've complied a list,

but it's
pretty standard --

Car, bank account,
apartment.

The apartment --
That's not joint property.

I bought that with
my grandmother's inheritance.

- Inheritance is separate property.
- Yes.

But you made your monthly mortgage
payments from your joint account.

The joint account?
Gavin was in school.

All that ever went into
that account was my salary.

Salary during a marriage
is joint property.

So if you made payments
from that account,

it makes your apartment
joint property, too.

Come on, Gavin.
I live there.

You know my grandmother wanted
that money to provide me with a home.

Well, I'm sure she also wanted
us to stay together forever.

Not meant to be.

- I'm not leaving the apartment.
- We'll get an independent appraisal.

- You can buy out his half.
- I can't afford --

T- the loan payment's already at the
limit of my budget. You know what I make.

Then, um... We'll have to sell it.

Split the proceeds.

So this is your plan --

To use the system to
screw me out of my home,

out of my grandmother's
inheritance?

Well, you love the law so much,
I'm just saying...

Let's stick to it.

So a guy takes a
picture of his kid,

puts it on his own
personal webpage,

and some sleazy pornographer grabs
the image, sells it to perverts,

and the cops want to arrest
the father, who had no idea?

The guy is charged with possessing and
promoting a sexual performance by a child.

Look at the evidence. He
possessed it. He promoted it.

Last I checked, ignorance
of the law isn't a defense.

Come on. You really think this photo
constitutes a sexual performance?

Yes. Have you seen
the webpage it ended up on?

- I mean, it's disgusting.
- So what?

So what?
It's pedophilia.

Look,

let's say, unbeknownst to
the father who took the picture,

some deviant found it online
and is getting off on it.

Right, let's even say
there's an entire

twisted subsection
of the porn industry

based on adorable pictures of kids
taken lovingly by their parents.

It's gross.
But who does it harm?

So there should be
no child-pornography laws?

Child-porn laws are to protect children
from being forced into prostitution

and abusive situations,
but there's no abuse here.

- Come on.
- No, look, the --

The kid didn't know there was some sicko
out there -- The father didn't even know.

But there was a sicko,
and he was selling the picture.

And say some other sicko
buys the picture,

gets obsessed with the kid,

decides to track
him down, snatch him.

Track him down?
How is he gonna track him down?

Do -- do you even hear
how ridiculous you sound?

So he fails to track him down,
but he's still obsessed.

And so he's obsessing over
the picture of the kid.

He finds another
kid to grab.

Oh, so, if -- if someone grabs
a kid after reading "Lolita,"

- we should ban the book?
- Okay, okay, okay.

Okay, you're officially
arguing the case now.

I'm not arguing.

So that means you're not gonna make a
motion to suppress the internet search report?

This is a matter
before the courts, okay?

Don't make me stick my fingers in my ears
and sing "Pop goes the weasel."

We can talk about anything
but this, okay?

- Fine.
- Please.

All right.

You've been quiet.

- How'd your settlement conference go today?
- Great.

- Anyone have 200 grand I can borrow?
- What?

My ex found a brilliant loophole
to take the apartment

I bought with my
grandmother's inheritance.

Legal loophole --
He's loving it.

- Can you fight it?
- Not really.

I know it's just an apartment,
and who cares, right?

But it's all I have
from my grandmother.

And I can't get a loan,
not in this market at my salary,

and I can't afford
to buy him out.

- Is there anything we can do to help?
- No, thanks.

Actually, if you know
of any firms that are looking...

Don't look at me that way.
I need to know what my options are.

I didn't say anything.

I could set you up with
a meeting at my dad's firm.

Guarantee you'd
hate it there.

Probably.

I mean, I love this job.
We all love the job.

I just didn't think I'd have to choose
between the home I love and the job I love.

Good morning,
ladies and gentlemen.

The voir dire process is our
chance to assemble an honest jury.

For your part, we need
you to be honest here.

We're gonna be asking you a series of
questions. We just need you to be frank,

and don't anyone try to talk
their way out of service.

I can smell a scam a mile away.

Uh, your honor, before we start,
can we approach?

Due to the nature of this case,
I'd like to move

for an individually
sequestered voir dire.

That should drag things out
by a week or so.

Mr. Balco, do you have
an opinion on this?

It's a sensitive case.
There'll be personal questions.

I agree with counsel. Sequestered
voir dire is appropriate.

Well, aren't you two
getting along?

Must be a cold day in hell.

All right, my chambers.
Voir dire, 15 minutes.

Let's try to be efficient.

I'm just gonna ask you
a couple questions here.

- Ever served on a jury?
- Ever been convicted of a crime?

Do you currently belong
to any social-networking sites?

Does the fact that charges involve child pornography --
Does that make it hard for you to judge?

Would you leave your kid in a stroller on the
sidewalk if you ran in to get a cup of coffee,

if you could see him
through the window?

Hi, there.

- What do you do for a living?
- How often do you use the internet?

- Do you look at pornography online?
- You have kids?

Do you consider yourself
a private person?

Is anyone in your family or close friends
a police officer or works in law enforcement?

Do you think the government
has a role in parenting?

Would you leave your kid in a stroller on the
sidewalk if you ran in to get a cup of coffee,

if you could see him
through the window?

As to jurors 1 through 15,
challenges for cause.

Mr. Balco.

Uh, 4 and...7.

- 4 was the college kid who clearly stated that she --
- That's okay.

Defense consents to both.

- Mr. Kellerman, for cause?
- Uh, just number 12, judge.

She indicated that a family member
was a victim of sexual abuse.

My guess is she was talking about
herself. Can't be impartial.

Mr. Balco?

People consent.

Fine. Perempts. People.

1...9... and 11, judge.

- Mr. Kellerman.
- Number 6. She doesn't want to be here.

That's no reason to let her out of service.

Maybe, judge, but I don't want
her taking it out on my client.

- Is that your only one?
- I'm good.

Charlie, where does that put us?

- Eight in the box.
- Gentlemen, I'm impressed.

At this rate, we will have
a jury by this afternoon.

- Hi.
- Sorry to bother you.

I, uh, I need to take a half-day
later in the week.

Sure. Just as long as
your cases are covered.

- Everything all right?
- Yeah.

No. I have a job interview.

Richard's father's firm.

You heard.

Well, there aren't any secrets from me here.

- It's not that I don't love it here.
- You don't have to explain yourself.

Divorce can knock you over.

Yeah.

But you get through it.

I know.

It's just... I have to start
facing the reality of it,

- and that may mean some tough choices.
- Yeah. Well, I know that's tempting,

especially when you're feeling vulnerable.

Don't... hate me for exploring my options.

When I said I know it's tempting,
I wasn't being hypothetical.

I've actually met at private law firms.

I've met at the one that
you're meeting at, so...

I'd hate to lose you, but I get it.

If you need a reference, if
you need me to make a call...

Thank you.

Just don't do anything out of panic, okay?

Sometimes these things have a
way of working themselves out.

Not when it comes to my ex, but

thanks for the sentiment.

We monitor suspicious websites,

work with internet-service providers
to track down suspect material.

And as lead investigator on this case, detective,

what led you to the defendant?

One of the sites we've been monitoring
sells explicit photos of prepubescent boys.

We have a program that searches
for image matches online

- to help find the source of the photos.
- And in this case?

It led us to a social-networking site,
specifically the defendant's webpage.

So the photograph was for sale on
a known child pornographer's website,

and you traced its origins

- to the defendant's webpage.
- Correct.

And you obtained a search warrant and
searched the defendant's computer?

Yes.

And how many other images did
he have of his child naked?

- We cataloged 14.
- 14.

And what other pornographic images
did he have on his computer?

Objection. Approach?

First of all,

the photos of the boy have not
been deemed pornographic.

They were for sale on a
known pornographer's website.

- It seems fairly self-evident ...
- Mr. Balco.

You know the rules.

Okay.

How many other sexually explicit photos ...

- Your honor.
- Sustained.

How many other photos featuring the
sexual organs of adults or children

did the defendant have on his computer
or find with his online search engine?

- You can't be serious.
- You two, get up here.

Your Honor, my client's online searches

for adult pornography have
no bearing on this case.

This case is about the availability
of pornography.

It's a child-porn accusation, and
you're looking to tarnish my client

- with his private web searches.
- If the defendant is gonna argue

that he could not have foreseen his son's
photo being used by an online pornographer,

then his familiarity with the technology
of online porn distribution

- is very relevant.
- The late-night web searches of a single guy

are not relevant to anything
other than tilting the jury,

- and you know it.
- Okay, okay.

- Do you have the search-engine reports?
- Of course.

Defense objects to the introduction
of the report, as it is prejudicial.

The people feel it is
essential and probative.

I will consider these reports.

In the meantime, Mr. Balco,

unless there's anything more
for this witness,

I think it's Mr. Kellerman's turn.

Detective, you searched
my client's computers.

- Yes.
- You searched his phone records as well.

- Yes.
- And you did not find a single phone call

between my client and the
person who stole the image.

No.

Not a single e-mail or instant
message between them?

- No.
- So despite your extensive investigation,

there is no record of any
contact between Mr. Chrisman

and the person who put the photo
on that pornographic website.

No.

And that makes sense.

Because when you first confronted my client,

he was shocked to hear that
an alleged child pornographer

had taken his private photos.

The photos aren't private.
They were posted publicly.

- On his personal web page, right?
- Which anyone on the network

- can access. What did the guy expect?
- "what did...

"what did the guy expect?"

Let's talk about that.

When you told Mr. Chrisman
that a photo of his son

was being sold by an
alleged child pornographer,

- was he shocked?
- Yes.

- It was not what he expected.
- No.

In fact, when you questioned him,

it was obvious that he had no
knowledge that the image had been taken.

He didn't seem to know.

Thank you, detective.

Urgent call to keep it
quiet, the closed door ...

- Everything okay?
- Everything's fine.

- Thanks for coming.
- Of course.

So, I need a favor,

- but it has to be done off the books.
- Okay.

Seriously... after hours,
no office resources.

- Sounds personal.
- Call it personal business.

Say no if you want.

You gave me my start here when no
one else would look at me for a job.

I owe you.

Where are you leaning
on the computer-search records?

Guy's accused of a computer crime.
It seems as though his computer records

- are essential facts for the case.
- Maybe.

We live in a world where
technology's made it possible

to virtually see everything we're
thinking, when we're thinking it.

- It has a vague Big Brother feel.
- Oh, please.

Don't tell me you've been surfing
for porn on court computers.

No, but I wouldn't exactly be thrilled

to have my personal laptop
exposed for the world to see.

Well, don't traffic in child porn, you
don't have anything to worry about, do you?

Don't get accused, you mean.
'Cause once the accusation gets made --

What, you suggesting we use our judicial
power to limit the prosecution?

Of course child sexual abuse
is a terrible thing,

- but --
- "But"?

Charlie, is there really any "but",
that can possibly follow the sentence

"I know child sexual abuse
is a terrible thing"?

From McMartin
to the Wee Care case,

prosecutors go crazy
for child-sex-abuse charges.

Emotional juries
invariably convict.

And years later, we usually find
out the whole case was bogus.

Listen, this guy has opted
for a jury trial.

- I cannot feed them a verdict.
- No, but...

You can keep them from hearing
evidence that's irrelevant.

Let's be honest --
How in God's name

can the accused's normal
adult sexual activities

have any bearing
on the case

except to make him
seem icky to the jury?

"Icky"?

Is that a new legal term?

Bring me the search record.
I'll review it.

So, I've been asking around
about you. P.D.'s office loves you,

loves you, D.A.'s
respects you.

- No small feat.
- It's nice to hear.

So, tell me... Why are you thinking
about leaving the P.D.'s?

- Burnout?
- No...

I love it there.

Um, to be perfectly
honest, I'm...

going through a
divorce and there

are economic issues
that I'm dealing with.

Oh. Sorry to hear.

I had some economic issues
with my divorce as well.

It's not easy, but it gets better.

I don't mean to imply that I'm not
interested in what you're doing here.

No, it's...I would not be
here if I wasn't interested.

We need solid, experienced
people around here.

We've got a ton of casework.
But the main thing here is...

If you bring in your own work,

it's, well, you know,

eat what you kill.

I... I'm sorry?

You bring in a case, you take a direct
cut of the fee on top of your salary.

Eat what you kill.

I have reviewed the proposed evidence

with respect to the defendant's online searches

and considered the applicable case law.

There's no question that
Mr. Balco's position

that the searches are material to the
prosecution's theory does apply.

However,

the fact that the evidence may be material

is not dispositive, as it is
more prejudicial than probative,

which in this case, it is.

Therefore, the search-engine
reports are to be excluded.

Mr. Balco,

should we bring in the jury?
You can call your next witness.

Ms. Chrisman, you and the defendant
have been divorced for how long?

Divorced two years,

separated a year and half before that.

And prior to the defendant's arrest,

you shared joint custody of
your son, is that correct?

Yes.

I'd like to show you a photograph
that has been introduced into evidence.

We've taken the liberty of
making sure the boy's genitals

are covered in the image.

Do you recognize the boy in the photo?

It's our son, Justin.

Your and the defendant's son?

Yes.

And have you seen this photo before?

Yes, it was posted on my
ex-husband's webpage.

Is this the family-and-friends webpage
you recall your husband posting?

Yes.

And the text above

the photo reads "here's Justin."

Is that correct?

Yes.

Thank you.

I'd like to show you one more image.

I'm sorry to put you through this.

Could you please read the text

below the photo of your son?

- "Here's Justin."
- Thank you.

You'll notice, this time
it wasn't my office

who obscured your son's private area.

The website did that on its
home page all on its own.

You see, there's text

on the black circle covering
Justin's private parts.

Yes.

Could you please read what it says?

"Click here.

All access $14.99."

And

what is $14.99?

The price for my child.

- You and Mr. Chrisman are divorced.
- Yes.

It wasn't an amicable divorce, was it?

No.

You did not agree on the
disposition of property.

- No.
- You did not agree about alimony.

- No.
- You were not left feeling good about him.

I was left feeling he's an ass.

So, no, I was not left with good feelings.

So it's safe to say you're
not fond of Mr. Chrisman

Yes.

Thank you.

Now,

given all the bitterness of the divorce,

given whatever anger you
have towards your ex,

I just want you to answer honestly...

under oath.

Is he,

in your opinion...

a good father?

Nate was a terrible husband.

But as a father, he never
missed a birthday...

... a ballgame.

He loves our son.

He'd step in front of a bus for Justin.

Yes.

He's a good father.

No further questions.

You worked as foreman a
welding crew, is that right?

Yes. Commercial high-rises mostly.

The money's been tight since
you were divorced?

Money's always been tight, but
it's been harder since the divorce.

And if you worked weekends, you would
get overtime pay, is that correct?

- Time and a half, that's right.
- But you never took weekend work.

No, I wouldn't Miss out
on time with Justin.

Plus, I was the coach of
his soccer team on weekends.

But you never missed a child-support payment.

I worked nights when Reanne
had Justin. I made do.

Nate, had you ever been
arrested prior to this?

- No.
- Ever accused of a crime?

- No.
- How'd you first learn

you were under investigation in this case?

Two detectives showed up at my work site.

And they told my supervisor that
they needed me for questioning.

You lost your job after that.

About a week after that.

My boss told me that it wasn't
safe for me there anymore.

Guys were calling me a child molester...

Guys that I had worked with for years.

Were you able to continue
coaching your son's soccer team?

No.

The other parents didn't
want me around their kids.

And custody of Justin?

As soon as the D.A. filed charges,

family court said I couldn't
share custody anymore.

I get a supervised visit...
one hour, once a week.

That's it.

That's all the time my son
and I get together.

Well, judging from what you
just said on the stand,

it seems you feel you're the victim
in all this. Is that a fair statement?

My whole family's been a victim in this.

Including your son.

He's virtually lost his father. He's been
stigmatized. It's been horrible for him.

And yet you don't feel at all
responsible for what's happened?

I have the right to take an
innocent photo of my child.

So you've said.

And it doesn't bother you that
the photo you took of your son

- wound up being sold by
a child pornographer? - Oh, of course it bothers me.

- But you feel no remorse
over your part in it? - I'm sorry that it happened,

but I didn't do anything wrong.

And I really shouldn't be the person
sitting up here defending myself.

So you admit there was
a crime committed here.

It's just not you who
should be responsible.

It was an innocent photo.

I'm confused. If...

if it was an innocent photo,

then why does it bother you that a child
pornographer featured it on his website?

Why are you doing this to me?

If you want to charge someone
with something,

why aren't you going after the pervert

who was selling his photo?

He was the one that was doing the exploiting.

You should be going after him, not us.

So the real criminal in all this... if there
is one... is this pervert... your word...

who was selling the naked
photo of your son online.

It's fair to say that you were bothered
by that fact, is that correct?

Of course. I was sickened by it. Any
father who loves his son would be.

But it was your photo... the photo you took

and posted on your own webpage
that this pervert was selling.

- You don't contest that fact.
- But I didn't know he was selling it.

Until the detectives... I... I didn't know.

And if you'd known...

What would you have done?

I would have hunted that sicko down
and killed him with my bare hands.

Because he's a child pornographer
exploiting your son?

Yes.

Exploiting him with an image you gave to him.

No, no. I did not give it to him.

You posted it on a publicly
accessible social-networking website.

That's right... for family and friends.

Anyone could see it.

And anyone could take it. Isn't that true?

Apparently so.

You gave it to him.

It was as good as if you had personally
dropped a copy in his mailbox.

We do it every day.

"Is she old enough to
take the train alone?"

"Should I let him eat fast food again?"

"Can she really wear that
outfit to the party?"

They're judgment calls,

parental decisions ordinary people
make all the time, but they're

judgment calls.

Who hasn't looked at a child and said, "what parent

would let her wear that outfit?"

And we judge other people on
their parenting all the time.

But what we don't do is
criminalize the behavior.

Even when we disapprove, we don't
seek to incarcerate the parents.

We'd never think to take their
children away. Why?

Because we understand that
parenting is complicated.

And unless someone is looking
to actually harm a kid,

we can't judge because we
all do things, as parents,

that others might look down on.

Harm was the farthest thing
from this father's mind

that evening when he snapped
an innocent photo of his son.

Harm was the farthest thing from his mind

when he posted it for his
family to see and adore.

Harm never entered the equation.

Nate Chrisman

is a decent, hardworking man,

an attentive and loving parent...
even his ex-wife said it.

You can... you can blame
him for poor judgment.

You can rebuke him for
foolishness or shortsightedness.

You can even sympathize with him

for the tragic misappropriation
of his son's image.

What you cannot do is believe
for a second that this father

looked at this photo and saw in the
laughing eyes of his beloved son...

a sexual object.

Then he didn't commit

the crimes they've charged.

This father has suffered for a year.

You have a chance to set things right.

You can't undo what's been done to this family.

But when you find this father not guilty,

you can give him a fresh start,

a chance to begin to rebuild the life
that's been taken away by this case.

Thank you.

There are bad people in this world...

Killers, rapists, predators of all sorts.

They lurk in the shadows of our streets,

and now they lurk in the shady,
anonymous world of the internet.

And standing above all the
responsibilities of parenthood

your child from these people,

to protect them from the devastating harm

they can inflict on those
who cannot protect themselves.

Nate Chrisman didn't do that.

What he did was toss a loaded
gun into a cage full of killers

and then cried victim
when someone got hurt.

And make no mistake about
it... someone did get hurt.

Nate Chrisman's son will spend
the rest of his life

being objectified by pedophiles.

He got hurt.

And we all got hurt.

Because tolerating a culture of pedophilia

perverts the fundamental
decency of every person

in this society.

The defendant said himself
he has no remorse.

No remorse deserves no sympathy.

The fact that child pornographers used
the images in ways he never intended

is not a defense.

He gave them the means. He
gave them the opportunity.

He created the conditions
under which a crime could occur.

You can't plant the seeds

and cultivate the garden

and then disavow the fruit.

"Boys, boys, boys. Click
here for full access."

That's his legacy.

That's his parenting.

That's his crime.

I'm heading out. You need anything?

- A damn verdict in my case.
- The jury's still not back?

Deliberated three hours and went home.

I hear you killed on your closing argument.

I did. Doesn't help the waiting.

You do know that court's not in session.

- Cellphone is not gonna ring with a verdict.
- I know.

You're not well, Jerry.

- Buy you a beer?
- I'm working.

- Is it good?
- I think you'll be satisfied.

Look at that. You got the envelope.

I'm done working. Beer would be great.

Hey.

So...

How was the interview?

Surprising.

- They actually do interesting work.
- Really?

- Yes, really.
- Okay.

- Can I say one thing?
- Just one? That's doubtful.

- Don't do it.
- Oh, come on, Jerry.

No, don't do it. That's all.
Who cares where you live?

I know that you're happy
living in a box on the street

so long as you're doing good for the world, but
I happen to care about my home and my future.

Okay, this is really about a place to
live? Don't leave over that. I mean,

you can move in with me.

Move in with...

Jerry, you think I should move in
with you so that I can keep my job?

- Why not?
- 'Cause I don't make decisions about my life that way.

- Okay, well, maybe you should start.
- Okay,

- Jerry, I don't know what I'm gonna do.
- Bobbi, I'm...

I'm... I know that you're having a
hard time waiting for your verdict,

but I'm losing my marriage
and I'm facing losing my home,

and right now I don't need your judgments.

Gavin.

I'm sorry. I know I know you.

Roz Whitman, Bobbi's boss.

Right.

She okay?

She'd be better if you weren't trying
to get her kicked out of her apartment.

Divorce.

- Things happen.
- I brought something for you.

Pretty good shots, given
the angle, don't you think?

What the hell is this?

Surveillance photos of
you making a drug buy.

My investigator will testify
those were taken two days ago...

121st and Morningside.

East general pharmacy
running short of supplies?

What, you're here to arrest me?

I'm a public defender.
I don't make arrests.

But I can send that to the
D.A. or the medical board.

May or may not mean jail time, but it sure
would mean you would lose your medical license.

- Bobbi put you up to this.
- Bobbi doesn't know about this,

and if she finds out, I
will put those in the mail.

You see, my lawyers work
very hard for their clients,

which means they need to come in rested.

So I don't let them get booted
out of their homes if I can help it.

You are not getting that apartment.

It's the last thing she has of her
grandmother's. Have a little decency.

Ladies and gentlemen, I have
received a note from you

indicating that you are
unable to reach a verdict.

This is an important case. It's expensive

in terms of time, effort,
money, and emotional strain.

I have no reason to believe that
either side could try this case

better or more exhaustively than
it has been tried before you.

Therefore, "if a majority
of you favor a conviction,

"those who disagree should reconsider
your reasonable doubts.

"If a majority or even
fewer favor an acquittal,

those favoring conviction might wish
to re-examine their positions."

Now, I am not asking you to
surrender sincerely held beliefs.

But I remind you that it is your duty
to try to agree on a verdict.

This is your job.

I'm gonna ask you now to
retire to the jury room

and continue your deliberations
until you have one.

Hi. How you doing?

- Better. Thanks.
- Good.

- How'd the job interview go?
- They made me an offer.

I said no.

Turns out my ex did a 180
on the divorce settlement.

My attorney called to say
he's totally backed off.

Wow. So you get to keep
your apartment and your job.

Yeah. Yeah, you were right.

Sometimes things have a way
of working themselves out.

Yeah.

Maybe he's not as bad
of a guy as I thought.

Well, my guess is you
know him pretty well.

- I'm just glad you're not going anywhere.
- Me too.

You know, before I found out
about my ex changing his tune,

I got the offer and I decided...

That I was gonna walk away
from the apartment.

I care where I live, but
I like what I do more,

and there's nothing I'd
rather do every day.

I know.

It's another hang note.

I have received from your foreman another
note indicating that you cannot...

And I note this time that "cannot" is
underlined three times... reach a decision.

This has been a difficult and complicated case.

I have no reason to believe that
you haven't, in all good faith,

tried to reach a unanimous verdict.

And it is my impression from this
note that you are inalterably hung.

Therefore, I will declare a mistrial
on every count of the indictment.

You are discharged.

That's it? What happens next?

- I need to talk to the prosecution.
- About what?

He can choose to try the case again.

That's double jeopardy, right?

No, it's a mistrial, Nate.
Double jeopardy doesn't apply.

Yeah, but so... I mean, what?

I mean, the D.A.... he
just gets to call a do-over?

- Let me... Let me talk to him, okay?
- I thought this would be over.

I mean, one way or the other,
I... I thought we'd win.

But, you know, I prepared myself for the...

- All right, so if there's another
trial, would it happen right away? - No.

We'd, uh, have to wait for a court
date again. Probably months.

How many months?

Until there's a space on
the docket. A case like this...

Six to eight.

Eight months more being under
indictment for child porn,

being with my boy only in
supervised visits?

And then another trial after that?

I can't go through this again.

No way.

Let me talk to the prosecution.

All right.

Okay.

Drop it? That's your proposal?

We both know you'll never get a jury
to convict if you retry this case.

And you'll never get a jury to acquit.

So here we are.

I keep this here.

Glencallan... 35-year, Kiernan's choice, 1967.

This is a great bottle.

I only open it when I get a big win.

Let's do this.

Three years probation, parenting-skills program,

sex-offender registration...

...we both drink.

It's the same offer he
turned down before, Nick.

- He didn't know it was unwinnable before.
- Neither did you.

I'm not convinced.

You know he can't take sex-offender
status. It will tar him for life.

Every time he tries to get
an apartment, applies for a job.

He'll lose custody of his son.

That's the point.

The man is not a sex offender.

His son was sexually exploited,
and it's his fault.

What does that make him?

This man loves his son
Nick. You know that.

Do the right thing for once.

Does it ever occur to you

that other people have a
legitimate point of view

or different moral perspective
than your own?

Just maybe you're not always
absolutely right?

We both know he's not a
sex offender, okay?

- So he'll take the probation...
- This was a peace offering.

I was being professional.

And you tell me you don't think
I believe what I'm doing is right?

You think, what, I'm just trying to get
another win? That's

why I do what I do?

It's not out of my own sense of what's right?

How wrong you are.

Check the calendar and pick a date.

- You don't want to try this case again.
- Pick a date.

It's not worth the agony for anyone.

Then take the deal.T

ake the deal and have a drink

or pick a date and we'll try it again.

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www.addic7ed.com

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