Original subtitles

HEY, PRETTY BOY,

HOW'D YOU LIKE TO GO TO TEXAS?

I'D LOVE TO. I HAVEN'T HAD MY SHOTS.

I USED TO WORK ON THE TEXAS INNOCENCE PROJECT.

ONE OF MY CASES IS UP ON APPEAL,

AND THEY'VE ASKED ME BACK TO ARGUE.

I COULD REALLY USE YOUR HELP.

BECAUSE? MY LAST APPEARANCE --

I UNFORTUNATELY LOST MY TEMPER WITH THE CHIEF JUDGE.

I'M AFRAID HE COULD BE PREJUDICED AGAINST ME.

SO I'M LOOKING FOR THE BEST LAWYER I CAN FIND.

I THINK THAT'S YOU.

WHAT KIND OF CASE IS THIS?

CAPITAL.

THE CLIENT IS SCHEDULED TO BE EXECUTED IN 72 HOURS.

HE COULD BE INNOCENT.

WHAT DO YOU SAY?

I SAY I'VE ALWAYS WANTED TO GO TO TEXAS.

I CERTAINLY APPRECIATE YOU SEEING ME, SHIRLEY.

I KNOW HOW BUSY YOU ARE.

MIRIAM, HOW LONG HAVE WE KNOWN EACH OTHER?

WELL,

CERTAINLY VERY LONG.

BUT I AM MINDFUL OF YOUR HECTIC SCHEDULE,

AND I'M APPRECIATIVE.

WHAT'S UP?

WELL, I DON'T KNOW EXACTLY HOW TO SAY THIS,

ESPECIALLY TO SOMEONE WITH WHOM I'VE ENJOYED

A LONG AND REWARDING FRIENDSHIP.

BUT I'VE GOTTEN MYSELF

INTO A SITUATION.

I'M BEGINNING A TRIAL NEXT WEEK

IN WHICH I'M...

UH...

THE DEFENDANT.

UH.

IT'S A CRIMINAL CASE?

I'M CHARGED WITH ENGAGING IN SEXUAL CONDUCT

FOR A FEE.

YOU PAID A MAN TO HAVE SEX WITH YOU?

MANY TIMES.

WHEN YOU SAY "MANY TIMES"...

HUNDREDS.

* THE STARS AT NIGHT

* ARE BIG AND BRIGHT

* DEEP IN THE HEART OF TEXAS *

* THE PRAIRIE SKY

* IS WIDE AND HIGH

* DEEP IN THE HEART OF TEXAS *

* THE COYOTES WAIL ALONG THE TRAILS... *

YOU ARE NOT GOING TO WEAR THAT ONCE WE GET THERE.

WHY NOT?

THIS COURT ANTAGONIZES EASILY.

UNDERSTOOD. HOW DO I LOOK?

THE CLIENT'S NAME IS EZEKIEL BORNS.

HE LIKES TO BE CALLED ZEKE, HE HAS AN IQ OF 80.

HE WAS CONVICTED EIGHT YEARS AGO

IN THE SHOOTING DEATH OF A GAS STATION ATTENDANT.

WE FINALLY GOT A DNA TEST ORDERED.

IT CAME BACK NEGATIVE.

ONE WOULD THINK THAT WOULD BE ENOUGH TO CLEAR HIM.

BUT THE PROBLEM IS HE CONFESSED

AFTER AN ALL-NIGHT INTERROGATION.

HE COULD HAVE BEEN COERCED, MAYBE BRAINWASHED, MAYBE BOTH.

WHEN WE LAND, I WOULD LIKE YOU TO GO MEET ZEKE

WHILE I TRY TO GET A MEETING WITH THE D.A.

I ASSUME YOU ALREADY TRIED THE GOVERNOR.

I'M TOLD HE GIGGLED. HIGH COURT IS OUR LAST STOP.

HIGH COURT? TEXAS DOESN'T HAVE A SUPREME COURT.

THEY HAVE TWO HIGH COURTS -- ONE FOR CIVIL,

AND ONE FOR CRIMINAL. AND THE CHIEF JUDGE

ON THE CRIMINAL HIGH COURT -- WE HAD WORDS ON ANOTHER CASE.

WHEN YOU SAY YOU HAD WORDS...

I CALLED HIM A DISGUSTING FAT PIG.

DENNY CRANE? OH, NO, I COULDN'T POSSIBLY --

MIRIAM, LISTEN,

YOUR CASE COMES BEFORE JUDGE CLARK BROWN.

DENNY SEEMS TO HAVE A TAKE ON HIM.

I COULDN'T POSSIBLY.

SHIRLEY...

I DON'T TELL PEOPLE THIS,

BUT DENNY AND I --

I ONCE HAD RELATIONS WITH HIM.

LISTEN,

THIS MANY OFFENSES --

YOU COULD BE LOOKING AT TIME HERE.

IF DENNY GIVES US ANY ADVANTAGE AT ALL...

I'M SO BEYOND HUMILIATED.

WHICH BRINGS ME TO MY NEXT BOMB.

I SEE NO REAL DEFENSE HERE,

EXCEPT, PERHAPS, MEDICAL.

I'D LIKE TO BE ABLE TO TELL THE JURY THAT

YOU'RE A NYMPHOMANIAC.

HAS HE EVER SHARED WITH YOU

ANY INFORMATION THAT COULD POSSIBLY CONTRADICT

HIS SIGNED CONFESSION?

UH, NO, BUT I'D NEVER INQUIRE.

NOT A CURIOUS GUY, FATHER.

THE ROLE OF CLERGY IS ONLY TO GET THE INMATES

READY AND WILLING TO DIE.

ZEKE?

MY NAME IS ALAN SHORE.

I WAS ALL DOPED UP.

I REMEMBER BEING AT THE GAS STATION, BUT...

WELL, ZEKE, WHY DID YOU CONFESS?

THEY KEPT TELLING ME I DID IT.

AND THEY HAD WITNESSES.

I KNEW I HAD BEEN THERE.

I PROBABLY DID DO IT.

YOUR CONFESSIONS DIDN'T INCLUDE THE WORD "PROBABLY."

ZEKE,

YOU HAVE NO MEMORY OF SHOOTING THE ATTENDANT.

YOU'RE GONNA GET ME SENT TO HELL

IS WHAT YOU'RE DOING.

I BEG YOUR PARDON?

I'VE ALREADY MADE MY PEACE WITH GOD.

IF I START SAYING I DIDN'T DO IT...

ZEKE, I'M TRYING TO PREVENT YOUR BEING EXECUTED.

THEY'RE GONNA KILL ME, MR. SHORE.

AND MY ONLY SALVATION'S IN THE NEXT WORLD.

I GOTTA KEEP MY PEACE WITH GOD.

IS THIS FROM HIS TRIAL LAWYER?

WENT INTO A 12-STEP PROGRAM.

HAD TO APOLOGIZE TO THOSE HE LET DOWN.

HAS ZEKE SEEN THIS?

WE SENT HIM A COPY.

ZEKE DOESN'T WRITE BACK.

RIGHT.

NYMPHOMANIA? ANYTHING YOU CAN FIND.

AND WE'LL NEED TO LINE UP AN EXPERT WHO CAN TESTIFY

POSSIBLY AS SOON AS TOMORROW.

IT'S NOT A REAL DISEASE.

IT'S AN EXCUSE OFFERED UP BY SEX-PERV SICKOS.

YES, BRAD, THANK YOU FOR THAT.

IT'S ALSO A SEXIST DIAGNOSIS, AS WELL AS BOGUS.

IF A MAN WAS RUNNING AROUND TRYING TO SHTUP

EVERYTHING HE COULD, WE WOULDN'T SAY THAT HE HAD A DISEASE,

WE WOULD JUST CALL HIM -- DENNY CRANE.

EXACTLY.

I'LL NEED THAT RESEARCH A.S.A.P. DENNY, RIGHT THIS WAY.

THANK YOU FOR JOINING.

I'M A VERY BUSY MAN.

I HAVE A CASELOAD YOU WOULDN'T BELIEVE. SO --

HELLO, DENNY.

MIRIAM?

DON'T TELL ME I HAVE ANOTHER CHILD.

MIRIAM HAS A CRIMINAL CASE BEGINNING TOMORROW.

CRIMINAL?

WHAT DID YOU DO?

I CAN TELL YOU WHAT SHE'S CHARGED WITH.

CAN I COUNT ON YOUR SENSITIVITY?

OF COURSE.

SHE'S CHARGED WITH ENGAGING IN SEXUAL CONDUCT

FOR A FEE.

YOU'RE A HOOKER? I'M LEAVING.

NO.

SHE PAID FOR SEX. SHE DIDN'T CHARGE FOR IT.

AND THE JUDGE IS CLARK BROWN,

WHICH IS THE REASON YOU'RE HERE,

IN ADDITION TO YOUR PROFOUND TENDERNESS.

WE PLAN TO PERHAPS USE A MEDICAL DEFENSE OF...

NYMPHOMANIA.

YOU'RE A NYMPH? DENNY.

YOU MEAN WHEN YOU AND I WENT ON THAT LONG WEEKEND TO NAPA,

AND -- AND YOU DID

THOSE THINGS...

SHE WAS SICK.

[ BIG AND RICH'S "SAVE A HORSE, RIDE A COWBOY" PLAYING ]

WE HAVE WORK TO DO. WE CAN'T --

I'M NOT ABOUT TO GO TO TEXAS AND NOT RIDE

THE MECHANICAL BULL, CHELINA. THAT WOULD BE LIKE

GOING TO LOS ANGELES AND NOT SLEEPING WITH PARIS HILTON.

YOU'LL GET HURT. NONSENSE.

I GREW UP RIDING PONIES IN THE PUMPKIN PATCH.

[ CELLULAR PHONE RINGS ]

CHELINA.

YES.

WE'VE JUST HAD A SLIGHT DELAY.

ALAN WANTS TO RIDE A BULL.

CAN YOU GET ME THE CASE?

FAX IT TO THE MOTEL.

THANK YOU.

EVIDENTLY, AN EXECUTION GOT STAYED IN CONNECTICUT.

THE LAWYERS ARGUED SOMETHING CALLED "DEATH ROW SYNDROME."

DEATH ROW SYNDROME? THE THEORY BEING

THAT DEATH ROW CAN ACTUALLY OVERWHELM THE WILL TO LIVE,

AND CONTRIBUTE TO A GENERAL INCOMPETENCE.

THAT COULD BE ZEKE.

EXACTLY.

NOTIFY MY NEXT OF KIN.

NOVICE,

INTERMEDIATE, OR EXPERT?

EXPERT.

I TEACH IT, ACTUALLY.

DO I GET A WHIP?

WHOA!

INTERMEDIATE.

INTERMEDIATE.

[ CELLULAR PHONE RINGS ]

CHELINA.

WE WILL. 10:00 A.M. IS -- IT'S FINE.

WE'LL BE IN HIS OFFICE.

THANK YOU.

WE GOT OUR MEETING WITH THE D.A.

INTERMEDIATE.

HELP.

HELP!

INTERMEDIATE!

* EVERYBODY SAYS

* SAVE A HORSE, RIDE A COWBOY

IT'S NOT A REAL DISEASE.

IT IS PART OF OUR CULTURE, BRAD,

AND OUR ROLE HERE IS AS ADVOCATES, REMEMBER?

SHIRLEY, THEIR POINT IS WELL TAKEN.

THERE IS AN ENORMOUS RISK WITH THIS KIND OF DEFENSE.

IF THE JURY REJECTS IT -- BUT JURIES OFTEN DON'T.

IN 1970, WE HAD THE CABLE CAR NYMPHOMANIAC

IN SAN FRANCISCO.

SHE WAS AWARDED $50,000 FOR A CRASH

THAT LEFT HER WITH A DEMONIC SEX URGE.

THAT CASE OCCURRED WHEN THE MEDICAL COMMUNITY

WAS MORE OPEN TO THE DIAGNOSIS.

WELL, THERE ARE OTHER POSSIBLE DIAGNOSES AS WELL.

SHE COULD BE BIPOLAR.

THERE'S ALSO A CONDITION KNOWN AS KLUVER-BUCY SYNDROME,

WHICH CAN RESULT IN HYPERSEXUALITY.

MIRIAM WATSON IS A VERY SUCCESSFUL

AND PRIVATE BUSINESSWOMAN.

SHOULD WE RAISE NYMPHOMANIA AS A DEFENSE,

THE MEDIA WILL HAVE A FIELD DAY.

WHICH IS WHY WE'RE TRYING TO NIP THIS WITH A PLEA BARGAIN.

BUT WITHOUT SOME DEFENSE, WE HAVE NO LEVERAGE.

JUDGE BROWN.

COME AGAIN?

I DON'T LIKE IT WHEN YOU SAY THAT, SHIRLEY.

IT PUTS PRESSURE ON ME.

WHAT ABOUT JUDGE BROWN?

HE'S A VIRGIN.

AND THAT WOULD BE RELEVANT HOW?

IF HE SAW IN OUR CLIENT

AN OPPORTUNITY...

MAY I SPEAK TO YOU TWO A SECOND?

THIS IS NOT FUNNY. THAT MAN IS A SENIOR PARTNER HERE,

AND THE ONLY TIME OF THE DAY HE'S NOT MAKING

LEWD SEXUAL INFERENCES IS WHEN HE'S DOING SO BLATANTLY.

LORI -- NO, SHIRLEY, I AM SICK OF IT.

I AM MAKING AN OFFICIAL COMPLAINT.

YOU'RE ON NOTICE. AND YOU'RE ON NOTICE.

I'VE HAD ENOUGH.

FIRST, YOU CANNOT -- CANNOT ARGUE

THE MORALITY OF THE DEATH PENALTY.

EVERY JUDGE SITTING UP THERE IS FOR IT.

CLEARLY.

SECOND, DO NOT MENTION ZEKE'S INNOCENCE.

I'M SORRY? THEY WON'T LISTEN.

HE DID CONFESS. ISN'T IT THE DNA TEST

THAT GOT US THE APPEAL?

THE DNA HERE DOES NOT EXONERATE HIM.

IT CERTAINLY INDICATES THE PRESENCE

OF SOMEBODY ELSE AT THE MURDER SCENE.

PROVING INNOCENCE IS ONE THING.

BUT SINCE WE CAN'T DO THAT, OUR CASE HERE IS PROCEDURAL.

THE DNA RESULT IS ANCILLARY EVIDENCE,

WHICH HOPEFULLY WILL OCCASION THEM TO LOOK

AT PROCEDURAL FLAWS.

DOES THAT MAKE ANY SENSE?

YES, IT DOES.

THIS IS TEXAS.

I MUST SAY, I AGREE WITH THE DISTRICT ATTORNEY.

IF THIS WERE A ONE-TIME OFFENSE,

BUT THE COMPLAINT ALLEGES OVER 100 INFRACTIONS.

IT'S SHOCKING.

YOUR HONOR, IF I MAY.

THIS IS A VICTIMLESS CRIME. VICTIMLESS?

WHEN SOMEBODY'S ACTION IMPUGNS THE VALUES OF SOCIETY,

WE ARE ALL VICTIMS.

YES, YES, YES FOR ALL THAT.

BUT CONSIDER THE SHY PEOPLE.

THE SHY PEOPLE? YES.

IF ONE WERE A SINGLE MAN,

PAINFULLY SHY,

A VIRGIN, TIME RUNNING OUT,

ONE MIGHT LIKE TO MEET THIS WOMAN.

SHE COULD HELP ONE.

HE'S MENTALLY IMPAIRED, GLENN.

YOU KNOW THIS. YOUR OWN EXPERT SAID SO.

HE WAS BORN WITH SEVERE FETAL ALCOHOL SYNDROME.

CHELINA, THIS WAS ALL RAISED AT TRIAL.

NOW, AT SOME POINT, A FINDING HAS TO BE FINAL.

I'M SORRY. I REALIZE I'M NEW,

BUT DIDN'T THE SUPREME COURT RULE

YOU CAN'T EXECUTE MENTALLY RETARDED PEOPLE?

HE HAS AN IQ OF 80.

THE CUTOFF POINT FOR RETARDATION IN TEXAS IS 70.

DID YOU EVEN READ THE PRISON REPORTS

ON ZEKE'S CHARACTER?

THIS ISN'T ABOUT WHETHER HE'S BEEN A GOOD BOY IN PRISON.

POINT IS WHAT HE DID AT THE GAS STATION.

PERHAPS HE DIDN'T DO IT.

HE HAS AN IQ OF 80.

ALL YOU REALLY HAVE IS A CONFESSION,

WHICH MOST LIKELY WAS A PRODUCT OF COERCION.

NO WEAPON WAS FOUND.

DNA PLACED SOMEONE ELSE AT THE SCENE.

HOW ABOUT ON THE POSSIBILITY OF ZEKE BORNS' INNOCENCE,

WE HOLD OFF JUST A BIT ON KILLING HIM?

[ CHUCKLES ]

YOU MUST BE NEW TO TEXAS, MR. SHORE.

Chelina: I TOLD YOU NOT TO RAISE INNOCENCE.

HOW COULD WE NOT RAISE IT?

THEY HEAR IT ALL THE TIME, ALAN, DON'T YOU GET IT?

"MY CLIENT IS INNOCENT. MY CLIENT IS INNOCENT,"

EVERY SINGLE COMPLAINT CASE.

IT'S THE STANDARD REFRAIN. IT HAS NO IMPACT

WHEN YOU CAN'T ACTUALLY PROVE IT, WHICH WE CAN'T.

THE TRIER OF FACT FOUND HIM GUILTY.

THAT DOESN'T MEAN WE CAN'T ARGUE -- LOOK, I'VE DONE THIS BEFORE.

I KNOW THE WAY IT WORKS DOWN HERE.

OUR CLAIM HAS TO BE PROCEDURAL.

IT'S THE ONLY CHANCE ZEKE HAS.

AND BEFORE YOU MARCH INTO COURT

AND TELL EVERYBODY THAT THE CONFESSION WAS COERCED,

KEEP IN MIND

ZEKE HASN'T RECANTED.

HE'S STILL MAINTAINING HE DID IT.

LORI, WHILE WE UNDERSTAND YOUR ISSUES WITH DENNY,

WHILE WE ARE CERTAINLY TAKING STEPS TO RESOLVE THEM,

I DON'T THINK YOU NEED TO LODGE AN OFFICIAL COMPLAINT

OF SEXUAL HARASSMENT. SHIRLEY --

BECAUSE IF YOU DO, WE ARE REQUIRED BY LAW

TO INITIATE CERTAIN PROCEDURES.

IT COULD GET VERY MESSY FOR ALL INVOLVED.

IS THAT A THREAT?

HE IS ULTIMATELY A BENIGN MAN

WHO WE ALL HAPPEN TO CARE ABOUT --

INCLUDING YOU.

I THINK WHAT YOU REALLY MEAN TO DO

IS TO VOICE YOUR CONCERN UNOFFICIALLY.

I AM MAKING AN OFFICIAL COMPLAINT.

IF THERE'S PAPERWORK TO BE FILLED OUT,

PLEASE HAVE THE FORMS SENT TO MY OFFICE.

YOU LITTLE BITCH.

THERE IS NO EVIDENCE OF YOU EVER HAVING HAD A GUN BEFORE,

OR EVER SHOOTING ONE.

ZEKE,

I CERTAINLY DON'T WANNA PUT WORDS IN YOUR MOUTH,

BUT IF YOU HAVE NO MEMORY OF DOING IT...

IF YOU DON'T RECANT,

BY THIS TIME TOMORROW, YOU WILL BE DEAD.

I'M GONNA BE DEAD NO MATTER WHAT.

THE QUESTION IS

DO I GO WITH GOD ON MY SIDE OR NOT?

FROM WHAT LITTLE I KNOW OF GOD, ZEKE,

HE'S ON YOUR SIDE NO MATTER WHAT.

HE ALSO FAVORS THE SIDE OF TRUTH.

NOW, IF THE TRUTH IS YOU DIDN'T DO IT --

I DID DRUGS.

I STOLE.

I WAS A BAD PERSON.

AND NOW I NEED TO BE A STRONG PERSON.

I NEED TO HAVE COURAGE NOW FOR ONCE.

I'M GONNA BE BRAVE.

AFTER MY MARRIAGE DISSOLVED,

MY SEXUAL DESIRE BECAME INFLAMED.

I WAS IN A FEW RELATIONSHIPS,

AND MY APPETITE TOOK ON

MORE THE FORM OF AN ADDICTION.

WHEN YOU SAY "ADDICTION"...

NOW WHENEVER I SO MUCH AS LOOK

AT AN ABLE-BODIED MAN,

MY SOUTHERN REGION TURNS TROPICAL.

AND THIS COMPULSION

LED YOU TO MALE PROSTITUTES?

WHERE ELSE WAS I TO GO?

I'M A 56-YEAR-OLD WOMAN.

IT'S NOT AS IF I CAN WALK INTO A BAR, OR...

I SUPPOSE IF I WERE IN A RELATIONSHIP...

WHAT THE HELL WAS THAT?

"MY SOUTHERN REGION TURNS TROPICAL,"

THAT LITTLE LOOK TO THE JUDGE?

DID YOU COACH HER TO DO THAT?

IF THE JUDGE LIKES US, HE GIVES US A GOOD INSTRUCTION.

IT'S AS SIMPLE AS THAT.

HE MIGHT EVEN GIVE US A DIRECTED VERDICT.

I'M SENSING SOME INTENT ISSUES WITH THE PROSECUTION'S CASE.

I CAN FEEL IT.

THE JUDGE HAS

INTENT ISSUES.

THESE JUDGES ARE ONLY HUMAN, CHELINA.

THEY CERTAINLY HAVE TO APPRECIATE THE POSSIBILITY

OF HIS INNOCENCE HERE.

WHEN I LEFT THIS JOB, I TOLD EVERYBODY

IT WAS BECAUSE I WANTED TO MAKE MORE MONEY.

THE TRUTH IS I COULDN'T TAKE IT ANYMORE.

I COULDN'T TAKE SEEING CLIENTS DIE.

DID YOU WIN ANY? [ SCOFFS ]

SOMETIMES YOU MUST HAVE PREVAILED.

I REMEMBER READING A DEATH PENALTY

WAS OVERTURNED HERE JUST LAST YEAR.

YEAH, A NEW YORK FIRM VOLUNTEERED TO HANDLE IT.

IT TOOK THEM 10 YEARS AND COST $5 MILLION.

THE STATE OF TEXAS HAS THE MOST OVERWHELMED

AND UNDERFUNDED DEFENSE BAR IN THE COUNTRY.

THEY GET $25,000 TO APPEAL A DEATH CASE.

THE PROSECUTORS HAVE AN UNLIMITED BUDGET.

IT'S A JOKE, ALAN. WE HAVE GOOD GROUNDS HERE --

THE TRIAL LAWYER HAS ADMITTED HE PROVIDED INADEQUATE COUNSEL.

ALAN, THIS IS THE COURT THAT HELD

A SLEEPING LAWYER ISN'T NECESSARILY INADEQUATE.

YOU HAVE TO SHOW HE WAS SLEEPING DURING THE IMPORTANT PARTS.

YOU ASKED ME BEFORE

WHY TEXAS,

INSTEAD OF HAVING A SUPREME COURT,

IT HAS TWO HIGH COURTS?

THE REASON

IS TO SPEED UP THE DEATH CASES.

THEY'VE CUT THE TIME IT TAKES TO EXECUTE PEOPLE IN HALF.

IT'S WHY TEXAS LEADS THE COUNTRY IN EXECUTIONS...

PROUDLY.

SEVEN OF THE NINE JUDGES YOU WILL FACE TOMORROW

ARE FORMER PROSECUTORS.

HEY.

HEY.

I PROMISE YOU,

BY THE TIME I FINISH TOMORROW,

THOSE JUDGES -- EVERY LAST ONE OF THEM --

WILL RISE UP AND SAY,

"NEVER MIND EXECUTING EZEKIEL BORNS,

LET'S KILL ALAN SHORE INSTEAD."

[ CHUCKLES ]

I'M SORRY.

MAYBE WE --

WE SHOULD PROBABLY GET BACK TO WORK.

YEAH.

YOU TOLD ME THERE'D BE A PUBLIC PRESENCE HERE, JERRY.

THERE'S ONE PROTESTOR OUTSIDE.

Jerry: WHAT AM I GONNA DO, CHELINA?

IT'S JUST NOT AS BIG A STORY AS IT USED TO BE.

WE'D BE BETTER OFF WITH NOBODY THAN ONE.

I'LL CALL YOU AFTER.

I TOLD YOU YOU ARE NOT WEARING THAT HAT.

LISTEN,

LAST NIGHT...

SOMETIMES LAWYERS WILL BOND

OVER A CAUSE, AND, WELL, I --

CHELINA,

LET'S GO ARGUE THE CAUSE.

REMEMBER, THIS MOTION IS A NUISANCE TO THEM.

THEY WILL ANTAGONIZE YOU.

IF YOU EVEN FEEL YOURSELF WANTING TO RETALIATE,

YOU SAY, "WITH ALL DUE RESPECT,

MAY IT PLEASE THE COURT."

ANYTHING ELSE?

PERSEVERE.

THEY WILL TRY TO SHUT YOU DOWN

BEFORE YOU EVEN BEGIN.

PERSEVERE.

I GOT IT.

THERE IS NO QUESTION THE DEFENDANT ENTERED

INTO A TRANSACTION FOR SEX WITH SOMEONE

FOR CONSIDERATION.

HOWEVER,

ONE ELEMENT OF THIS CRIME IS CRIMINAL INTENT.

THE BURDEN IS ON THE PROSECUTION

TO PROVE THIS ELEMENT BEYOND ALL REASONABLE DOUBT.

IF A MEDICAL CONDITION DEPRIVED THE DEFENDANT OF HER FREE WILL,

OR EVEN UNDULY INFLUENCED HER,

SHE LACKED THAT INTENT.

SINCE THE PROSECUTION FAILED TO ELIMINATE HYPERSEXUALITY

OR BIPOLAR SYNDROME

OR KLUVER-BUCY SYNDROME

AS A CAUSE FOR HER CONDUCT,

WELL, THEN, I FEEL I HAVE NO CHOICE

BUT TO DELIVER A VERDICT IN FAVOR OF...

THE DEFENDANT.

MISS WATSON,

YOU ARE FREE TO GO.

WHAT?

YOU GOT TO THAT JUDGE. I DON'T KNOW WHAT YOU'RE TALKING ABOUT.

YOU KNEW HIS RULING BY HEART -- BOILERPLATE.

A RULING THAT WAS RIDICULOUSLY PRO-DEFENSE.

DENNY CRANE. WHAT DID YOU DO --

PROMISE HIM A DATE WITH OUR CLIENT?

FIRST OF ALL, I WOULD NEVER EVER DO ANYTHING LIKE THAT -- NEVER.

SECONDLY, IF I DID, I WOULD NEVER EVER TELL YOU.

NEVER. THIRD --

AND YOU -- WAS THERE ANY QUID PRO QUO HERE?

HOW DARE YOU?

OH, NEVER MIND HOW DARE ME. YOU'RE A SERIAL INTERCOURSER.

THAT RULING WAS SUSPECT.

BRIBING A JUDGE.

NEVER DID THAT.

WELL, THE TWO OF YOU ARE GOING TO HAVE

TO LIVE WITH YOURSELVES ON THIS ONE.

FOR NOW, LIKE THE JUDGE SAYS, YOU'RE FREE TO GO,

AS IS YOUR LIP.

EZEKIEL BORNS MURDERED A MAN IN COLD BLOOD

FOR A FEW DOLLARS.

HE CONFESSED TO IT.

THE PETITIONER HAS GONE UP AND DOWN

STATE AND FEDERAL COURTS,

EXHAUSTING HIS APPEALS,

LOSING HIS HABEAS ARGUMENTS,

AND FAILING ON CLAIMS OF CONSTITUTIONAL VIOLATIONS.

FOUR DIFFERENT COURTS OF APPEAL

HAVE REVIEWED AND REJECTED

EACH AND EVERY ONE OF HIS ARGUMENTS.

NOW IS THE TIME FOR THIS MAN

TO PAY THE PENALTY

IMPOSED ON HIM FAIRLY AND LEGALLY.

NOW, A TEXAS JURY HAS DECIDED

THAT EZEKIEL BORNS IS A DANGEROUS KILLER.

HE HAS FORFEITED HIS RIGHT TO LIVE.

THANK YOU.

"WITH ALL DUE RESPECT, MAY IT PLEASE THE COURT."

GOOD AFTERNOON, MY NAME IS ALAN SHORE.

MR. SHORE, WHAT ARE THE NEW ISSUES BEING RAISED HERE?

THE FIRST ISSUE BEFORE THE COURT

CONCERNS THE ABSENCE OF ANY AFRICAN AMERICAN JURORS.

THAT WAS PREVIOUSLY ARGUED AND RULED ON, COUNSEL.

YES, BEFORE THE LOWER COURTS.

THIS BENCH HAS NEVER CONSIDERED --

WE'RE NOT PERSUADED THAT THE ABSENCE OF A BLACK JUROR

IS IN VIOLATION OF DUE PROCESS. WHAT'S YOUR NEXT ISSUE?

I WOULD TURN THE COURT'S ATTENTION

TO THE FACT THAT THE GRAND JURY WHICH INDICTED MR. BORNS

SIMILARILY WAS ALL WHITE.

THIS RAISES EQUAL PROTECTION LAWS --

THAT ISSUE WAS NEVER RAISED, AND IS THEREFORE WAIVED.

YOUR HONOR, TEXAS LAW REQUIRES

THAT THE JURY RECOMMEND DEATH ONLY IN CASES

WHERE THEY FIND THAT THE DEFENDANT POSES

A THREAT OF FUTURE DANGEROUSNESS TO SOCIETY.

WE MAINTAIN THIS IS UNCONSTITUTIONAL.

JURIES ARE SUPPOSED TO FIND ELEMENTS OF GUILT AND INNOCENCE

BASED ON FACTS BEYOND A REASONABLE DOUBT,

NOT ON THE BASIS OF PERCEIVED PROBABILITIES.

MOREOVER, AS A PRACTICAL MATTER,

SINCE EZEKIEL BORNS WILL REMAIN IN PRISON FOR LIFE,

HE COULDN'T POSSIBLY CONSTITUTE

A FUTURE THREAT TO SOCIETY

UNLESS THE LAW ASSUMES PRISON BREAKS.

WELL, THAT'S AN INTERESTING ISSUE, COUNSEL,

BUT THAT ALSO WAS NEVER RAISED, AND THEREFORE,

IT IS DEEMED WAIVED.

NEXT.

MAY IT PLEASE THE COURT, MR. BORNS' TRIAL LAWYER

HAS RECENTLY ADMITTED HE WAS INEFFECTIVE COUNSEL.

HE WAS ABUSING COCAINE AND ALCOHOL DURING THE TRIAL --

NOT LEGALLY INADEQUATE.

I BELIEVE IF YOU EXAMINE THE TRANSCRIPTS --

MR. SHORE, REPRESENTATION CAN ALWAYS BE BETTER --

ESPECIALLY WHEN WE PLAY MONDAY MORNING QUARTERBACK.

WITH ALL DUE RESPECT,

THIS LAWYER NEVER GAVE AN OPENING STATEMENT.

HE NEVER QUESTIONED SEVERAL OF THE PROSECUTION'S WITNESSES.

HE FAILED TO PURSUE A NUMBER OF LEADS

AND IMPORTANT SENTENCING ISSUES.

THIS COURT RIGHT HERE TODAY HAS RECOGNIZED

THAT MANY VALID GROUNDS FOR APPEAL WERE NEVER RAISED.

THIS COURT IS SATISFIED THAT THE REPRESENTATION WAS ADEQUATE.

IS THERE ANYTHING ELSE?

YES, MR. BORNS MAY BE INNOCENT.

THE JURY DISAGREED,

AND LEGALLY, THAT ISSUE HAS BEEN SETTLED.

THE DNA EVIDENCE SHOWS SOMEBODY ELSE WAS THERE.

BUT IT DOES NOT DISPROVE

THAT YOUR CLIENT WAS ALSO THERE.

AND YOUR GUY CONFESSED, BY THE WAY.

MY CLIENT HAS AN IQ OF 80.

HE WAS INTERROGATED FOR 16 HOURS.

COERCION WAS NEVER RAISED. IT WAS NEVER RAISED

BECAUSE HIS LAWYER WAS AN INADEQUATE HACK --

THOUGH THE NINE OF YOU SEEM QUITE SATISFIED

WITH HIS PERFORMANCE,

WITH ALL DUE RESPECT.

MR. SHORE, YOU CAME DOWN HERE FROM MASSACHUSETTS?

YES, SIR.

WE IN TEXAS HAVE BEEN LIVING WITH THIS CASE FOR EIGHT YEARS.

YOU'VE BEEN LIVING WITH IT PERSONALLY?

MAY IT PLEASE THE COURT.

YOU FIRST MET MR. BORNS WHEN?

YESTERDAY.

AND YOU ARE PROPOSING TO US THAT YOU KNOW HIM?

YOU KNOW WHAT I'D LIKE TO PROPOSE?

I'D LIKE TO PROPOSE THAT YOU GOT A PROBLEM

WITH THE DEATH PENALTY IN GENERAL.

NOW, IS THAT WHY YOU CAME HERE, SIR?

I AM HERE --

WITH ALL DUE RESPECT, MAY IT PLEASE THE COURT --

BECAUSE I HAVE A PROBLEM WITH A STATE EXECUTING A MAN

WITH DIMINISHED CAPACITY WHO MAY VERY WELL BE INNOCENT.

I'M PARTICULARLY TROUBLED --

MAY IT PLEASE THE COURT, WITH ALL DUE RESPECT --

THAT YOU DON'T HAVE A PROBLEM WITH IT.

YOU MAY NOT WANT TO REGARD MY CLIENT'S INNOCENCE,

BUT YOU CANNOT POSSIBLY DISREGARD THE FACT

THAT 117 WRONGFULLY CONVICTED PEOPLE

HAVE BEEN SAVED FROM EXECUTION IN THIS COUNTRY --

117.

THE SYSTEM IS HARDLY FOOLPROOF.

AND TEXAS -- THIS STATE -- IS RESPONSIBLE

FOR A FULL THIRD

OF ALL EXECUTIONS IN AMERICA.

HOW CAN THAT BE?

THE CRIMINALS ARE JUST SOMEHOW WORSE HERE?

LAST YEAR, YOU ACCOUNTED FOR FULLY HALF

OF THE NATION'S EXECUTIONS --

50% FROM ONE STATE.

YOU CANNOT DISREGARD THE POSSIBILITY --

THE POSSIBILITY THAT SOMETHING'S UP IN TEXAS.

I WOULD URGE YOU TO CONFINE YOUR REMARKS

TO YOUR CLIENT, AND NOT THE GOOD STATE OF TEXAS.

ZEKE BORNS NEVER HAD A CHANCE.

HE WAS ROUNDED UP AS A TEENAGER,

THROWN IN A CELL WHILE HE WAS STILL DOPED UP ON DRUGS,

BROWBEATEN AND INTERROGATED

UNTIL HIS IQ OF 80 WAS OVERCOME.

HE CONFESSED TO A CRIME HE HAD NO MEMORY OF --

STILL HAS NO MEMORY OF,

FOR WHICH THERE IS NO EVIDENCE --

OTHER THAN TWO WITNESSES WHO SAW HIM PUMPING GAS

AROUND THE TIME OF THE MURDER.

HE WAS GIVEN A COKED-UP LAWYER WHO ADMITTEDLY DID NOTHING.

I'M NOW BEFORE NINE PRESUMABLY INTELLIGENT PEOPLE

IN THE JUSTICE BUSINESS WHO HAVE THE BENEFIT

OF KNOWING ALL OF THIS. ADD TO THAT,

YOU KNOW DNA PLACES SOMEBODY ELSE AT THE SCENE,

AND YOU'RE INDIFFERENT! YOU DON'T CARE!

WHETHER YOU BELIEVE

IN MY CLIENT'S INNOCENCE, AND I'LL ASSUME --

WITH ALL DUE RESPECT, MAY IT PLEASE THE COURT --

THAT YOU DON'T.

YOU CANNOT BE SURE OF HIS GUILT.

YOU SIMPLY CANNOT.

AND FAILING THAT, HOW CAN YOU KILL HIM?

HOW CAN YOU KILL HIM?

AND I WOULD SINCERELY, SINCERELY, SINCERELY HOPE

THAT YOU DON'T PENALIZE MY CLIENT SIMPLY BECAUSE

HIS LAWYERS HAPPEN TO BE FROM MASSACHUSETTS.

THE HOME OF THE NEW ENGLAND PATRIOTS --

WHO COULD KICK ASS OVER ANY FOOTBALL TEAM YOU'VE GOT

IN THE GOOD STATE OF TEXAS, MAY IT PLEASE THE COURT.

I AM SO SORRY.

NO, YOU DON'T HAVE TO APOLOGIZE.

THEY GAVE YOU NOTHING.

YOU HAD NO CHOICE BUT TO GO WITH YOUR PASSION.

COULD HAVE LEFT OUT THE SLIGHT ON TEXAS FOOTBALL,

BUT...

YOU WERE STRONG, ALAN.

AND MAYBE YOU REACHED THEM.

THE COURT HASN'T RULED YET.

SIX HOURS BEFORE, HE GOES TO HUNTSVILLE.

THAT'S THE LAW.

WHAT'S IN HUNTSVILLE -- BLEACHERS?

THE DEATH HOUSE.

THEY PUT ME IN THE WALLS UNIT.

WHY MOVE HIM IF THERE'S STILL A CHANCE?

[ CELLULAR PHONE RINGS ]

JERRY?

NO CELL PHONES IN HERE.

JUST NOW?

THEY TURNED US DOWN.

WELL, LET'S GO THEN.

I'M SO SORRY, ZEKE.

I'M READY, CHELINA. I'M GONNA BE STRONG LIKE A HERO.

YOU WATCH.

WILL YOU WATCH?

I WANT PEOPLE

TO SEE ME STRONG.

I GOT NO FAMILY.

WILL YOU COME?

SURE.

WE'LL BE THERE.

Man: LET'S GO, ZEKE.

WE'LL GO AND SEE IT TOGETHER.

HE BRIBED THE JUDGE?

I CAN'T BE SURE,

BUT I THINK HE HAD SOME UNDUE INFLUENCE.

AS MUCH AS I ADORE HIM,

IT'S ONLY A MATTER OF TIME

BEFORE HE BRINGS THIS PLACE TO ITS KNEES.

HE'S THE NAMED PARTNER --

THE LEAD NAMED PARTNER.

I THINK WE'VE GOTTA TAKE HIM OUT.

I GET ICE CREAM.

CHOCOLATE.

YEAH, YOU'RE SET.

THEY SAID MAYBE SPRINKLES.

GUESS I DON'T NEED TO WORRY ABOUT MY CHOLESTEROL.

[ DOOR OPENS ]

GOVERNOR'S IN HAWAII -- UNAVAILABLE.

THERE'S STILL HOPE, HOWEVER.

I MADE A FEW CALLS, TRACKED DOWN A WOMAN I KNOW

WHO IS ACTUALLY PERFORMING IN A CHARITY LUAU

WHERE THE GOVERNOR IS SCHEDULED TO BE --

POLYNESIAN DANCER.

SO YOU'RE SAYING THIS WHOLE THING COULD COME DOWN TO --

A HULA GIRL.

I KNOW THIS GIRL. SHE'S GOOD.

ZEKE.

LET'S DO THIS.

I'M READY TO DIE. I'M STRONG.

WOULD YOU EXCUSE US FOR A MINUTE, PLEASE?

ZEKE, YOU TALKED ABOUT BEING A HERO.

STRONG AND BRAVE

MAY NOT GO WITH HERO HERE.

WHAT DO YOU MEAN?

THE STATE OF TEXAS

WANTS PEOPLE TO BELIEVE YOU'RE A MONSTER.

I THINK YOU SHOULD SHOW THEM

YOU'RE A HUMAN BEING.

AND THE HUMAN THING TO DO HERE

IS BE AFRAID.

IF YOU WANNA BE A HERO,

SHOW PEOPLE WHAT IT REALLY FEELS LIKE

TO BE EXECUTED.

WE'RE LED TO BELIEVE

IT'S PEACEFUL,

PAINLESS,

HUMANE, EVEN.

I THINK YOU SHOULD FIGHT TO THE END, ZEKE,

AND SHOW YOUR FEAR.

THIS IS 'CAUSE YOU'RE AGAINST THE DEATH PENALTY, RIGHT?

WELL,

WHETHER A PERSON IS

FOR OR AGAINST THE DEATH PENALTY,

HE OR SHE SHOULD JUST KNOW WHAT IT IS.

THE BEST WAY FOR YOU TO BE A HERO, ZEKE,

IS TO BE HUMAN.

I'VE ALSO INCLUDED A BRIEF SYNOPSIS OF THE CASE HISTORY,

SHOULD HE CARE TO PERUSE IT OVER A MAI TAI.

EXCELLENT, ANGELA. YOU HAVE MY NUMBER,

YOU ALSO HAVE ALAN'S, AND I'VE GIVEN YOU CHELINA'S CELL,

AND THE NUMBER AT THE WALLS UNIT.

THANK YOU. ALOHA. MAKE SPEED.

HE'S ACTUALLY PETITIONING THE TEXAS GOVERNOR

BY WAY OF -- HULA GIRL.

JUSTICE WORKS IN STRANGE WAYS, PAUL.

ASK JUDGE BROWN.

DID DENNY BRIBE HIM?

I CAN ONLY GUESS.

TARA,

DO YOU EVER FEEL SEXUALLY HARASSED

BY DENNY?

NEVER.

HE NEVER OBJECTIFIES YOU?

ALL MEN OBJECTIFY ME.

I DON'T.

I DON'T.

[ TELEPHONE RINGS ]

HELLO, ANGELA?

YES, WITHOUT QUESTION.

HE MUST BE THERE, ANGELA. I GOT HIS SCHEDULE

DIRECTLY FROM HIS PRESS SECRETARY'S ASSISTANT.

YOU GOT MY FAX? IN YOUR HAND?

THEN FIND THE GOVERNOR, GET IT IN HIS HAND.

WE HAVE LESS THAN 10 MINUTES. MAYBE 5.

OKAY.

NO CELL PHONES ARE ALLOWED IN HERE.

HOW'D YOU GET BY WITH THAT?

I TOLD THE GUARD WE WERE WAITING FOR A LAST-MINUTE CALL

FROM YOUR CONSCIENCE.

COLLECT.

DO YOU SEE THAT GUY?

MEDIA. ONE GUY.

IT'S NOT EVEN A STORY.

DO I GET TO SAY MY LAST WORDS NOW?

IF YOU LIKE.

IT'S JUST...

I DON'T KNOW IF I DID IT,

BUT IF I DID,

I'M SORRY, YOU KNOW?

TIME TO GET ON NOW.

OKAY.

THANK YOU

FOR EVERYTHING.

Man: NO.

GET HIS LEGS. GET HIS LEGS.

GET HIS LEGS.

GET HIM ON THERE. GET HIM ON THERE.

YOU WENT OUT AND GOT THIS CASE

AS A MEANS OF KEEPING ME FROM TEXAS.

ALAN SEEMS TO BE GETTING CLOSE TO CHELINA THESE DAYS.

ARE YOU AND HE... WE'RE FINE.

I WANT TO STAY BECAUSE OF YOU,

BUT I THINK I NEED TO GO BECAUSE OF YOU.

FOR YOUR INFORMATION, I LIKE CHUBBY GIRLS.

I'VE ALWAYS ENJOYED CHUBBY SEX.

LORI COLSON FILED AN INTERNAL COMPLAINT

AGAINST YOU FOR SEXUAL HARASSMENT.