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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,267 --> 00:00:03,604 Previously on The Practice. 2 00:00:03,670 --> 00:00:07,408 He strangled her for a full seven minutes, Pam. How is that temporary insanity? 3 00:00:07,474 --> 00:00:10,444 Bobby, you got the civil claim. Leave the criminal prosecution to me. 4 00:00:10,511 --> 00:00:13,414 You have heard doctor after doctor talk about Ronald Martin-- 5 00:00:13,480 --> 00:00:16,918 How he was temporarily insane, how he wasn't responsible. 6 00:00:16,984 --> 00:00:21,956 Ronald Martin, the man who strangled Donna Braun for seven minutes. 7 00:00:22,023 --> 00:00:25,493 Dr. Braun, I am both mindful of your presence in the courtroom every day... 8 00:00:25,560 --> 00:00:27,429 and of your loss. 9 00:00:27,495 --> 00:00:30,132 - Why don't you die? - I used to be a lawyer, remember? 10 00:00:30,198 --> 00:00:33,802 A terrible lawyer. Jimmy, you never won a case. 11 00:00:33,869 --> 00:00:37,706 Bobby's one of my best friends. I made the loan on their office expansion... 12 00:00:37,773 --> 00:00:42,044 'cause I-- I couldn't figure any other way without you asking questions. 13 00:00:42,110 --> 00:00:43,879 Pack up your office. You're fired. 14 00:00:43,946 --> 00:00:46,582 You'll come work with us. You can't afford to pay you. 15 00:00:46,649 --> 00:00:48,751 How do you pay me? I'll work it out. 16 00:00:48,817 --> 00:00:51,888 - Ms. Dole. - Professor? 17 00:00:51,955 --> 00:00:54,524 I won't die. I'll live forever, 18 00:00:54,591 --> 00:00:56,760 if for no other reason than to see this through. 19 00:00:56,826 --> 00:00:59,696 Your client's cigarettes killed my wife. 20 00:00:59,763 --> 00:01:02,065 The tobacco case-- 21 00:01:02,132 --> 00:01:04,201 I want you to try it. 22 00:01:04,268 --> 00:01:06,871 I think you're more prepared on it than me. 23 00:01:06,937 --> 00:01:09,840 Bobby, I-- I've never even done a jury trial before. 24 00:01:09,907 --> 00:01:13,511 You've done all the discovery. I think you're ready. 25 00:01:17,114 --> 00:01:20,418 Good morning, ladies and gentlemen. My name is Lindsay Dole. 26 00:01:22,220 --> 00:01:24,455 [ Clears Throat ] Good morning. 27 00:01:24,522 --> 00:01:27,425 My name is Lindsay Dole. I represent the plaintiff. 28 00:01:34,466 --> 00:01:36,635 Ladies and gentlemen of the jury, good morning. 29 00:01:36,702 --> 00:01:40,172 My name is Lindsay Dole. I represent the man seated over there. 30 00:01:59,792 --> 00:02:00,827 [ Line Ringing ] 31 00:02:07,968 --> 00:02:09,737 [ Cell Door Opens, Closes ] 32 00:02:15,976 --> 00:02:20,514 [ Sirens Wailing ] 33 00:02:36,331 --> 00:02:39,668 [ Judge ] Mr. Pearson, do you have any additional questions of this juror? 34 00:02:39,734 --> 00:02:42,437 Uh, I have a few questions, Your Honor, 35 00:02:42,504 --> 00:02:44,740 if I may be permitted. 36 00:02:44,807 --> 00:02:48,811 Anybody in your family smoke cigarettes, Mrs. Stokes? 37 00:02:48,878 --> 00:02:51,714 Oh, almost everybody at one point or another. 38 00:02:51,781 --> 00:02:54,717 Anybody have any health problems connected with cigarette smoking? 39 00:02:54,784 --> 00:02:59,489 Let's see. Well, my father had emphysema. 40 00:02:59,555 --> 00:03:01,825 And my sister had a baby with birth defects. 41 00:03:01,892 --> 00:03:04,528 Two of my uncles had heart attacks, 42 00:03:04,595 --> 00:03:07,331 and my aunt had a leg cut off 'cause her veins shriveled up. 43 00:03:07,398 --> 00:03:10,267 And the doctors say it was all caused by smoking tobacco. 44 00:03:10,334 --> 00:03:14,138 And you believe you could be impartial on a case about cigarettes? 45 00:03:14,205 --> 00:03:16,373 I believe I could. 46 00:03:16,440 --> 00:03:18,943 - This is nuts! - I don't think so. 47 00:03:19,010 --> 00:03:22,313 Four witnesses, the whole case. Look, we can't match experts with the tobacco industry. 48 00:03:22,379 --> 00:03:24,982 If we parade up scientists on addiction or dopamine or whatever, we lose, 49 00:03:25,049 --> 00:03:27,185 'cause whatever guns we got, they got bigger ones. 50 00:03:27,252 --> 00:03:29,254 So how does putting up nobody help us? 51 00:03:29,321 --> 00:03:31,623 Because we make our weaknesses our strength. 52 00:03:31,689 --> 00:03:34,692 Let them do their dog and pony show. Let them call their scientists. 53 00:03:34,759 --> 00:03:37,663 With us, it's the unglamorous but simple truth. 54 00:03:37,730 --> 00:03:39,497 She smoked, she died. She smoked, she died. 55 00:03:39,565 --> 00:03:43,201 She smoked, she is dead. This case is a long shot to begin with. Why are we-- 56 00:03:43,268 --> 00:03:46,239 Which gives us the right to take chances. Lindsay, where are you with your opening? 57 00:03:46,305 --> 00:03:49,242 - I have a draft. - Make copies for everybody. Pick it apart. 58 00:03:49,308 --> 00:03:52,011 Ellenor, you prepare Emerson Ray. Eugene will take the doctor. 59 00:03:52,078 --> 00:03:54,380 Where are we on the photos? They'll be here tomorrow. 60 00:03:54,447 --> 00:03:56,883 - Jimmy. - Don't give me the dog work. 61 00:03:56,950 --> 00:03:58,885 Anderson Pearson's opening arguments in his... 62 00:03:58,952 --> 00:04:01,087 three previous tobacco cases, all of which he won. 63 00:04:01,154 --> 00:04:04,691 I want you to devour these pages. Highlight his pet arguments or phrases. 64 00:04:04,758 --> 00:04:07,027 Anything he likes to say, I want Lindsay to say first. 65 00:04:07,094 --> 00:04:09,729 [ Door Opens ] Found her. Ex-girlfriend of Ronald Martin, 66 00:04:09,796 --> 00:04:12,299 and he beat the hell out of her for two years. What? 67 00:04:12,366 --> 00:04:16,103 He even tried to strangle her once. Martin's family paid her to keep quiet. 68 00:04:16,170 --> 00:04:18,439 - Eugene, the jury is already deliberating. - It's still not too late. 69 00:04:18,506 --> 00:04:20,475 Uh, bring her back here. Got it. 70 00:04:22,076 --> 00:04:26,047 Your Honor, this is ridiculous. The evidence in this case is closed. 71 00:04:26,114 --> 00:04:28,316 The jury is in deliberation. We can suspend deliberations. 72 00:04:28,383 --> 00:04:32,387 Certainly the precedent exists. This is newly discovered evidence brought to light. 73 00:04:32,453 --> 00:04:34,455 If you drag the jury back in and tell them, 74 00:04:34,523 --> 00:04:38,860 "By the way, we have discovered a new witness-- a woman Ronald Martin tried to strangle," 75 00:04:38,927 --> 00:04:42,298 we might as well just save the time and declare a mistrial right now. 76 00:04:42,364 --> 00:04:45,334 The jury is free to disregard the witness. That's your specialty, Mr. Goode-- 77 00:04:45,401 --> 00:04:47,269 convincing people to ignore the truth. 78 00:04:47,336 --> 00:04:50,006 - Gee, you know, I thought we were friends here. - [ Judge ] All right, look. 79 00:04:50,072 --> 00:04:52,842 Ms. Morris, why is it that you didn't go to the police? 80 00:04:53,910 --> 00:04:57,847 Um, three hundred thousand dollars. 81 00:04:57,914 --> 00:05:01,351 And I wouldn't be here, except he said he would subpoena me. 82 00:05:01,418 --> 00:05:04,821 All right, look. Given the fact that she didn't go to the police... 83 00:05:04,888 --> 00:05:07,490 and she accepted money in exchange for her silence, 84 00:05:07,557 --> 00:05:09,459 I got some reliability problems. 85 00:05:09,526 --> 00:05:12,963 That reliability can be the object of Mr. Goode's gifted skills of cross-examination. 86 00:05:13,030 --> 00:05:14,965 Too kind, Your Honor. Too kind. Now quiet. 87 00:05:15,032 --> 00:05:17,668 Moreover, the probative value of her testimony... 88 00:05:17,735 --> 00:05:20,871 is grossly outweighed by the prejudicial impact. 89 00:05:20,938 --> 00:05:23,908 If Ms. Morris gets up there and says that the defendant tried to kill her, 90 00:05:23,975 --> 00:05:27,746 well, that's a bell you just can't un-ring. 91 00:05:27,812 --> 00:05:30,414 I'm not going to admit the testimony. 92 00:05:31,983 --> 00:05:34,619 Thank you, Your Honor. 93 00:05:38,957 --> 00:05:41,894 You don't like it. No, I do. I do. 94 00:05:41,961 --> 00:05:45,197 Bobby said it's important for the jury to feel they know me. 95 00:05:45,264 --> 00:05:47,099 I understand your strategy. I do. 96 00:05:47,166 --> 00:05:50,770 But, uh, your-- your high school field hockey record... 97 00:05:50,836 --> 00:05:53,072 isn't exactly gonna make our case. 98 00:05:53,138 --> 00:05:57,077 And, uh, whether or not you still have an appendix isn't really a burning question. 99 00:05:57,143 --> 00:06:01,014 This guy talks good. Pearson-- good talker. 100 00:06:01,081 --> 00:06:04,785 Well, that's a big help, Jimmy. Anything, say, slightly more specific? 101 00:06:04,851 --> 00:06:07,320 Yeah. Uh, all three cases... 102 00:06:07,387 --> 00:06:12,393 he tells the jury the biggest asset to the defense is their common sense. 103 00:06:12,459 --> 00:06:14,695 Verbatim, all three openings he says, 104 00:06:14,761 --> 00:06:16,597 "More than all our expert testimony, 105 00:06:16,663 --> 00:06:20,334 more than all our un-convoluted"-- I'm sorry. "uncontroverted evidence, 106 00:06:20,401 --> 00:06:23,370 "what the defense is going for, more than anything else, 107 00:06:23,437 --> 00:06:25,272 "is your common sense, 108 00:06:25,339 --> 00:06:27,709 the seat-of-the-pants wisdom of the reasonable person." 109 00:06:27,775 --> 00:06:29,744 That's good. What else? 110 00:06:31,179 --> 00:06:34,482 Well, he goes on a lot about, uh, free society, personal choice. 111 00:06:34,549 --> 00:06:36,451 You know, we're America. 112 00:06:36,518 --> 00:06:38,987 People are free to make their own decisions. Red, white and blue. 113 00:06:39,054 --> 00:06:42,925 Then, you know, the usual. He goes over his high school field hockey record. 114 00:06:42,991 --> 00:06:46,762 - [ Laughing ] - Ha, ha. You're all such a big riot. 115 00:06:49,965 --> 00:06:53,736 I'd say she's feelin' some pressure. Some. 116 00:06:53,802 --> 00:06:57,173 I just don't understand. He tried to kill another girl. 117 00:06:57,240 --> 00:06:59,575 This directly contradicts his insanity story. 118 00:06:59,643 --> 00:07:02,211 Now, how can the judge not let the jury hear this? 119 00:07:02,278 --> 00:07:05,615 It'll be too prejudicial. Like he said, it would guarantee the guy a new trial. 120 00:07:11,655 --> 00:07:13,790 They've reached a verdict. 121 00:07:59,972 --> 00:08:02,742 Will the defendant please rise? 122 00:08:07,314 --> 00:08:09,149 Ladies and gentlemen of the jury, 123 00:08:09,216 --> 00:08:12,119 have you reached a verdict? We have, Your Honor. 124 00:08:14,588 --> 00:08:18,959 - [ Judge ] What say you? - [ Man ] On the charge of first-degree murder, 125 00:08:19,026 --> 00:08:22,630 we find the defendant not guilty by reason of temporary insanity. 126 00:08:22,696 --> 00:08:27,701 On the charge of second-degree murder, we find the defendant not guilty... 127 00:08:27,769 --> 00:08:30,571 by reason of temporary insanity. 128 00:08:30,639 --> 00:08:34,008 On the charge of voluntary manslaughter, 129 00:08:34,075 --> 00:08:38,513 we find the defendant not guilty by reason of temporary insanity. 130 00:08:38,580 --> 00:08:40,615 [ Chuckles ] 131 00:08:45,220 --> 00:08:48,390 Ladies and gentlemen of the jury, this completes your service, 132 00:08:48,457 --> 00:08:51,226 and I thank you for your time. 133 00:08:51,293 --> 00:08:54,864 And I want to also caution you that when you leave this room, 134 00:08:54,930 --> 00:08:57,233 you may be subject to second-guessing. 135 00:08:57,300 --> 00:09:00,803 I want to emphasize to you that aside from the parties and attorneys and myself, 136 00:09:00,870 --> 00:09:04,307 you are actually the only people who heard all the relevant facts of this case. 137 00:09:04,374 --> 00:09:08,078 Liar! They know less about Ronald Martin than anyone! 138 00:09:08,144 --> 00:09:10,213 - Get him out. - You withheld the truth from this jury! 139 00:09:10,280 --> 00:09:12,483 Dr. Braun. The truth that he tried to kill somebody else! 140 00:09:12,549 --> 00:09:15,186 - That judge wouldn't let you know that! - Put him in lockup. 141 00:09:15,252 --> 00:09:18,489 You withheld the truth! You withheld the truth! 142 00:09:18,555 --> 00:09:21,158 You-- You're filth! You should die! 143 00:09:21,225 --> 00:09:23,861 - Jerry! - You should die! You should die! 144 00:09:23,928 --> 00:09:26,363 You're filth! You're filth! 145 00:09:26,430 --> 00:09:29,066 Filth! 146 00:09:33,438 --> 00:09:37,875 Since the defendant was judged on the basis of temporary insanity, 147 00:09:37,943 --> 00:09:41,679 and since the psychiatric reports attest to no such continuing condition, 148 00:09:41,747 --> 00:09:44,482 I have no choice but to release him. 149 00:09:44,549 --> 00:09:46,485 The defendant is free to go. 150 00:09:46,552 --> 00:09:48,353 This matter is adjourned. [ Gavel Raps ] 151 00:09:49,722 --> 00:09:51,824 [ Crying ] 152 00:10:03,069 --> 00:10:05,439 No, there are no victories here. 153 00:10:05,505 --> 00:10:07,341 My heart is with the Braun family. 154 00:10:07,407 --> 00:10:10,510 But I think the jury realized that to punish Ronald Martin... 155 00:10:10,577 --> 00:10:13,981 is only a pointless continuation of an already tragic situation. 156 00:10:14,048 --> 00:10:17,251 I don't know what I'd tell him. I can't explain. 157 00:10:17,317 --> 00:10:19,687 If God himself appeared and offered an explanation, 158 00:10:19,754 --> 00:10:22,089 I doubt any of us would find it satisfactory. 159 00:10:22,156 --> 00:10:25,860 This is such a perversity. That's enough. That's enough. Thank you. 160 00:10:25,926 --> 00:10:29,130 [ Woman ] Are you going to be speaking to Mr. Braun? I said, that's enough. 161 00:10:29,197 --> 00:10:32,000 Are you okay? He gets to have children. 162 00:10:32,067 --> 00:10:35,804 What? Ronald Martin, he-- he gets to have a life. 163 00:10:35,871 --> 00:10:39,374 He can-- He can have children. He can-- He can-- 164 00:10:39,440 --> 00:10:42,110 He can buy a boat and take them sailing! All right, Danny, Danny. 165 00:10:42,177 --> 00:10:45,847 Take a breath. Donna can't have any of that. She's dead. 166 00:10:45,914 --> 00:10:47,883 Listen-- Donna can't have a child. 167 00:10:47,949 --> 00:10:50,319 Danny, listen to me. Gerald needs you now. 168 00:10:50,386 --> 00:10:52,889 You gotta go back there, and you gotta be with him. 169 00:10:52,955 --> 00:10:55,557 You're the man's rabbi. He needs you now. 170 00:10:55,624 --> 00:10:57,794 Bobby. 171 00:10:57,860 --> 00:11:00,830 You are so very above all this, aren't you? 172 00:11:00,897 --> 00:11:04,834 I wish that I could tread on your moral high ground. Get out of my face, Leonard. 173 00:11:04,901 --> 00:11:09,139 No, no. Because you get 'em off just the same as I do. But I don't have as much fun. 174 00:11:09,206 --> 00:11:11,474 But you do it just the same, don't you, Bobby? 175 00:11:11,541 --> 00:11:13,443 I said get out of my face. 176 00:11:18,348 --> 00:11:20,384 [ Reporters Clamoring ] 177 00:11:20,451 --> 00:11:22,453 Yes. 178 00:11:25,623 --> 00:11:27,725 Margaret Ray became addicted. 179 00:11:27,791 --> 00:11:30,862 Did she want to quit smoking? Of course. 180 00:11:30,929 --> 00:11:32,931 But she couldn't. She tried-- Wrong. 181 00:11:32,997 --> 00:11:36,100 - What "wrong?" - Don't make her out helpless. 182 00:11:36,167 --> 00:11:38,837 We should say she's to blame too. Pearson's gonna say it. 183 00:11:38,903 --> 00:11:41,473 If we say it first, we undercut-- We can't admit liability. 184 00:11:41,540 --> 00:11:44,109 I mean, that'll play right into his contributory negligence defense. 185 00:11:44,176 --> 00:11:46,111 [ Eugene ] Millions of people quit smoking every year. 186 00:11:46,178 --> 00:11:48,380 Margaret Ray could have too. Let's just admit it. 187 00:11:48,447 --> 00:11:50,683 She's a little to blame, but they're to blame more. 188 00:11:50,750 --> 00:11:53,753 Eugene's right. 189 00:11:55,254 --> 00:11:57,523 [ Sighs ] 190 00:11:57,590 --> 00:12:01,994 We will be introducing evidence that will establish-- Look at the jury. 191 00:12:02,062 --> 00:12:04,497 You want to do the case, Eugene? Why don't you do it? 192 00:12:04,564 --> 00:12:06,599 [ Bobby ] Lindsay, are you not ready to do this? 193 00:12:06,666 --> 00:12:09,502 We'renot ready, Bobby. You'renot ready. Who are we kidding? 194 00:12:09,569 --> 00:12:13,707 This whole streamline strategy? It isn't strategy. We have no choice. 195 00:12:13,774 --> 00:12:16,610 We don't have experts lined up because we couldn't afford to hire any. 196 00:12:16,677 --> 00:12:21,182 We don't have the-- the-- the science on addiction because we didn't do the legwork. 197 00:12:21,248 --> 00:12:23,317 We're going with nothing because that's what we have. 198 00:12:23,384 --> 00:12:26,287 Nothing. And you're throwing me this case, not because of any confidence, 199 00:12:26,353 --> 00:12:29,957 but because you don't want to be the one to take the fall. 200 00:12:36,264 --> 00:12:39,167 I'm sorry. I'm just nervous. 201 00:12:39,234 --> 00:12:43,238 I'm sorry. Listen, I-- I can do the case. 202 00:12:43,305 --> 00:12:45,307 No. No. 203 00:12:45,373 --> 00:12:47,342 I'm ready. 204 00:12:47,409 --> 00:12:49,344 I'll be fine. 205 00:12:49,411 --> 00:12:51,847 I apologize. 206 00:12:51,914 --> 00:12:53,816 It's all right to be nervous tomorrow, Lindsay. 207 00:12:53,882 --> 00:12:57,220 In fact, I think you might be more effective seeming nervous. 208 00:12:57,286 --> 00:13:00,656 But if you're gonna come undone-- 209 00:13:00,723 --> 00:13:03,760 I won't. I'm ready. 210 00:13:03,827 --> 00:13:06,162 I'll be fine. 211 00:13:08,397 --> 00:13:11,301 I'll be fine. 212 00:13:11,368 --> 00:13:13,270 [ Phone Rings ] 213 00:13:14,771 --> 00:13:16,573 Donnell and Associates. 214 00:13:19,743 --> 00:13:21,678 What? 215 00:13:21,746 --> 00:13:23,914 [ Chattering ] 216 00:13:23,981 --> 00:13:27,284 Okay. Take it in. [ Indistinct ] 217 00:13:27,351 --> 00:13:30,755 [ Chattering ] 218 00:13:30,821 --> 00:13:32,957 Attorneys. 219 00:13:37,228 --> 00:13:39,297 [ Police Radio, Indistinct ] 220 00:13:43,835 --> 00:13:45,671 [ Chattering ] 221 00:13:45,737 --> 00:13:48,073 [ Man ] That's Ronald Martin. 222 00:13:50,776 --> 00:13:53,179 Hey, you! Beat it. 223 00:13:53,245 --> 00:13:55,848 I represent the accused. Where is he? In the backseat. 224 00:13:55,915 --> 00:13:58,284 Did this man get Miranda? Yeah, he did. 225 00:13:58,350 --> 00:14:00,386 Nobody says anything to him, Detective. We clear? 226 00:14:00,452 --> 00:14:02,589 Yeah, we're clear. 227 00:14:04,491 --> 00:14:07,294 Dr. Braun, we'll talk down at the precinct. 228 00:14:07,360 --> 00:14:11,098 Until I get to you, don't say a single word to anybody. 229 00:14:31,519 --> 00:14:34,688 [ Clerk ] Commonwealth of Massachusetts versus Gerald Braun. 230 00:14:34,756 --> 00:14:36,557 Murder in the first degree. 231 00:14:36,625 --> 00:14:38,760 Waive reading, Your Honor. Plead not guilty. 232 00:14:38,827 --> 00:14:42,296 - Bail? - Your Honor, Dr. Braun cannot be considered a flight risk. 233 00:14:42,364 --> 00:14:45,467 He's a health risk. Goes about shootin' people in the head. 234 00:14:45,534 --> 00:14:48,737 I submit Dr. Braun's violence is obviously limited to Ronald Martin, 235 00:14:48,803 --> 00:14:50,672 the man who murdered his daughter. 236 00:14:50,739 --> 00:14:54,543 I don't agree with that, Your Honor. I feel my life is endangered by this man. 237 00:14:54,609 --> 00:14:56,145 How so? 238 00:14:56,211 --> 00:14:59,281 The defendant harbors a fair amount of animosity towards me, insofar as-- 239 00:14:59,348 --> 00:15:01,851 This proceeding doesn't concern you, Mr. Goode. 240 00:15:01,917 --> 00:15:04,587 Thank you, counsel. But since your client has a very nasty habit... 241 00:15:04,654 --> 00:15:08,791 of discharging firearms into the brains of people who displease him, 242 00:15:08,859 --> 00:15:12,696 - I'll reserve my right to be concerned. - Your Honor, may I be heard? 243 00:15:12,763 --> 00:15:15,465 - And who might you be? - My name is Daniel Warner. 244 00:15:15,532 --> 00:15:19,069 I'm Gerald Braun's rabbi, and I can represent to this forum... 245 00:15:19,135 --> 00:15:21,171 that he is not a threat to this community. 246 00:15:21,238 --> 00:15:24,075 Might we have the first grade teacher of the defendant as well, Your Honor? 247 00:15:24,141 --> 00:15:28,312 [ Danny ] The synagogue of B'nai Zion will vouch for Dr. Braun's character. 248 00:15:28,379 --> 00:15:31,582 He has no prior record. He's a very respected heart surgeon. 249 00:15:31,649 --> 00:15:34,318 He has devoted private time to community service, Your Honor. 250 00:15:34,385 --> 00:15:36,253 - Loner. Keeps to himself. - Keep talkin'. 251 00:15:36,320 --> 00:15:41,659 Bail is set. One million. 250 bond. 252 00:15:41,726 --> 00:15:45,397 Slightest provocation, Dr. Braun, and it'll be revoked. 253 00:15:45,463 --> 00:15:48,266 That's all. [ Gavel Raps ] 254 00:15:49,434 --> 00:15:51,570 What the hell are you doing? 255 00:15:51,637 --> 00:15:54,239 I'm tryin' to help Jerry. He shouldn't be treated like some common criminal. 256 00:15:54,306 --> 00:15:56,709 In here, you don't speak. I do. Are we clear on that? 257 00:15:56,775 --> 00:15:59,245 Looks like you got yourself one now, Bobby. Go ahead. Keep talkin'. 258 00:15:59,312 --> 00:16:01,981 I don't know how you live with yourself-- Go ahead. 259 00:16:02,048 --> 00:16:05,084 representing people like that. Hey, please! Hey, hey, hey! 260 00:16:05,151 --> 00:16:07,654 [ Bobby ] Walk away. Come on! 261 00:16:19,666 --> 00:16:23,270 All right, now I want that wonderful brain of yours to check every single-- 262 00:16:50,065 --> 00:16:53,769 [ Inhales ] 263 00:16:53,835 --> 00:16:55,771 [ Exhales ] 264 00:16:59,508 --> 00:17:01,277 All rise. 265 00:17:05,081 --> 00:17:10,687 Case number 42132, theEstate of Margaret Ray versus T.L. Michaels Corporation. 266 00:17:16,159 --> 00:17:20,530 - Mr. Donnell? - Ready for trial, Your Honor. 267 00:17:20,597 --> 00:17:23,701 Mr. Pearson? Ready for trial, Your Honor. 268 00:17:24,802 --> 00:17:26,837 Let's bring in the jury. 269 00:17:28,706 --> 00:17:31,175 They probably will be tied up until after lunch. 270 00:17:34,212 --> 00:17:36,347 We wait. 271 00:17:40,952 --> 00:17:43,321 Is there anything you need? 272 00:17:44,889 --> 00:17:49,094 - What is it you could provide for me, Ms. Washington? - Jerry. 273 00:17:49,161 --> 00:17:54,033 Stop it! I'm not asking you to hold my hand. I'm sick of you. 274 00:17:54,099 --> 00:17:56,335 I'm sick of everybody. 275 00:17:56,401 --> 00:17:59,572 Just... leave me-- 276 00:18:06,746 --> 00:18:10,483 For the last year, 277 00:18:11,384 --> 00:18:13,453 everybody looks at me. 278 00:18:13,519 --> 00:18:16,056 "How sad. How-- How sorry. 279 00:18:16,122 --> 00:18:18,191 What can we do? Anything we can do?" 280 00:18:18,258 --> 00:18:21,662 There's nothing anybody can do. Nothing! 281 00:18:29,570 --> 00:18:31,505 But I'm not a victim anymore. 282 00:18:31,572 --> 00:18:35,877 - Okay. - No, no. I'm not. 283 00:18:35,943 --> 00:18:38,846 I shot him. 284 00:18:38,913 --> 00:18:41,516 I shot him, 285 00:18:41,583 --> 00:18:45,387 and I watched his neck explode. 286 00:18:45,453 --> 00:18:49,291 And then I heard him gurgle. 287 00:18:49,357 --> 00:18:52,728 And it was joyous. 288 00:18:52,795 --> 00:18:55,163 He suffered. 289 00:18:55,230 --> 00:18:57,600 And I thank God above... 290 00:18:57,666 --> 00:19:01,737 he had time to know why he was dying. 291 00:19:08,211 --> 00:19:10,680 So there's really nothing I need from you. 292 00:19:14,017 --> 00:19:15,919 Today, I'm at peace. 293 00:19:17,821 --> 00:19:19,756 The sound-- 294 00:19:23,093 --> 00:19:24,995 It was joyous. 295 00:19:30,601 --> 00:19:33,438 We'll hear the plaintiff's opening statement. 296 00:19:42,647 --> 00:19:44,983 [ Lindsay Clears Throat ] 297 00:19:50,221 --> 00:19:52,458 Good morning. My name is Lindsay Dole. 298 00:19:52,524 --> 00:19:54,460 I'm the attorney representing Mr. Emerson Ray, 299 00:19:54,526 --> 00:19:56,728 seated over there, beside Bobby Donnell, 300 00:19:56,795 --> 00:19:59,365 who I know you have already met. 301 00:19:59,431 --> 00:20:04,270 We will be setting out to prove that cigarettes manufactured by the defendant, T.L. Michaels, 302 00:20:04,336 --> 00:20:09,108 caused Mr. Ray's wife, Margaret, to develop lung cancer and vascular disease, 303 00:20:09,175 --> 00:20:12,712 which then caused her death in 1994. 304 00:20:16,616 --> 00:20:19,586 I was instructed not to do that-- to drink water. 305 00:20:19,652 --> 00:20:22,022 Mr. Donnell told me since none of you have water, 306 00:20:22,089 --> 00:20:24,191 it's possible you could resent me for having it. 307 00:20:24,257 --> 00:20:27,561 So I was determined not to drink it. 308 00:20:27,628 --> 00:20:31,499 But, well, this is my very first jury trial. 309 00:20:31,565 --> 00:20:35,036 And as soon as I stood up, my mouth went dry. Sorry. 310 00:20:36,837 --> 00:20:40,141 The opening statement, as you know, is not evidence. 311 00:20:40,208 --> 00:20:44,445 Instead, it's sort of a preview of the evidence we intend to show you. 312 00:20:44,513 --> 00:20:48,149 I'm sure you're aware that product liability cases can potentially drag on forever. 313 00:20:48,216 --> 00:20:50,118 And you might be worried about that. 314 00:20:50,184 --> 00:20:52,053 There's medical information, 315 00:20:52,121 --> 00:20:55,824 scientific evidence, technical data with respect to cigarettes. 316 00:20:55,891 --> 00:20:58,327 Are they addictive? Do they cause cancer? 317 00:20:58,393 --> 00:21:00,763 Did they cause Mrs. Ray's cancer? 318 00:21:00,830 --> 00:21:03,966 Was that cancer the exact cause of her death? 319 00:21:04,033 --> 00:21:06,936 To prove all of this to an exact certainty, 320 00:21:07,002 --> 00:21:10,706 we would have to be putting up expert witnesses for weeks. 321 00:21:10,773 --> 00:21:13,709 We are not gonna do that. We don't need to. 322 00:21:13,776 --> 00:21:15,846 Emerson Ray will tell you... 323 00:21:15,912 --> 00:21:20,283 how his wife smoked cigarettes, on and off, for 52 years. 324 00:21:20,350 --> 00:21:24,120 Cigarettes manufactured by the defendant. 325 00:21:24,187 --> 00:21:27,123 Her treating doctor will tell you that they killed her. 326 00:21:30,261 --> 00:21:32,964 Rabbi? Where's the funeral? 327 00:21:33,030 --> 00:21:36,567 Prime Watch,that news magazine show-- they've invited me and Bobby to go on. 328 00:21:36,633 --> 00:21:39,503 What? Tonight. They're doing some case about Gerald. 329 00:21:39,571 --> 00:21:41,506 Leonard Goode is going on. So is Father O'Brien. 330 00:21:41,573 --> 00:21:43,408 Where's Bobby? Whoa, whoa, whoa, whoa. 331 00:21:43,475 --> 00:21:46,010 They're in the middle of opening arguments. You're not going in there. 332 00:21:46,077 --> 00:21:48,046 No, the show is tonight. Yeah, yeah, yeah. 333 00:21:48,113 --> 00:21:50,415 Well, well, you just wait for us back at the office. 334 00:21:50,482 --> 00:21:52,484 You ain't goin' in there. 335 00:21:52,550 --> 00:21:55,253 Her doctor will talk about this photograph, 336 00:21:55,320 --> 00:21:59,357 which shows her lungs corroded by the carcinogens of cigarettes. 337 00:21:59,425 --> 00:22:01,293 And you will believe Dr. Clark... 338 00:22:01,360 --> 00:22:04,730 because he's the only doctor who actually treated Margaret Ray. 339 00:22:06,399 --> 00:22:09,702 As for whether cigarettes cause lung cancer, 340 00:22:09,768 --> 00:22:12,238 we will not be calling witnesses to prove that either. 341 00:22:12,305 --> 00:22:17,744 We will show you what's printed on the cigarette packages themselves. 342 00:22:17,811 --> 00:22:20,914 "Smoking causes lung cancer. 343 00:22:20,980 --> 00:22:23,617 Cigarette smoke contains carbon monoxide." 344 00:22:23,683 --> 00:22:26,453 These are the warnings of the surgeon general. 345 00:22:26,520 --> 00:22:29,223 "Smoking causes lung cancer." 346 00:22:29,289 --> 00:22:34,294 We will present evidence that cigarette companies manipulate the levels of nicotine. 347 00:22:34,361 --> 00:22:38,566 We will be presenting evidence of a two-year investigation conducted by the F.D.A., 348 00:22:38,633 --> 00:22:40,768 in which it found nicotine to be addictive. 349 00:22:40,835 --> 00:22:44,472 So much, in fact, that the F.D.A. now regulates cigarettes... 350 00:22:44,539 --> 00:22:47,408 as drug delivery devices. 351 00:22:47,475 --> 00:22:50,078 But this trial is not about whether cigarettes are addictive. 352 00:22:50,145 --> 00:22:53,214 So we won't be calling witnesses to prove that proposition. 353 00:22:53,281 --> 00:22:55,150 Addictive or not, 354 00:22:55,216 --> 00:22:58,119 we're not gonna stand before you and declare Margaret Ray... 355 00:22:58,186 --> 00:23:01,057 was a helpless victim who had no choice but to smoke. 356 00:23:02,324 --> 00:23:04,961 We won't be saying she was blameless. 357 00:23:05,027 --> 00:23:07,063 In fact, maybe she's a lot to blame. 358 00:23:07,129 --> 00:23:09,498 T.L. Michaels didn't force her to smoke. 359 00:23:09,565 --> 00:23:13,169 We're not even arguing that cigarettes should be banned. We live in a free society. 360 00:23:13,235 --> 00:23:16,639 That's one of the things we're proud of in this country. Now, it's a slippery slope... 361 00:23:16,706 --> 00:23:22,045 once you start arguing that people shouldn't have the right to make personal choices. 362 00:23:22,112 --> 00:23:26,649 And Margaret Ray chose to smoke cigarettes. Make no mistake. 363 00:23:26,717 --> 00:23:29,687 She bears responsibility. Of course she does. 364 00:23:30,754 --> 00:23:34,458 All we're saying is so does the defendant. 365 00:23:34,525 --> 00:23:36,894 Not all of it. But some of it. 366 00:23:36,960 --> 00:23:41,732 You see, unlike automobiles or alcohol or even guns, 367 00:23:41,799 --> 00:23:46,170 this is a product, even when you use it carefully, 368 00:23:46,237 --> 00:23:48,106 it can still kill you. 369 00:23:48,172 --> 00:23:53,111 They put out a product, when used as directed, causes cancer. 370 00:23:55,079 --> 00:23:57,082 It's the plaintiff's contention... 371 00:23:57,149 --> 00:23:59,584 that when their product does kill somebody, 372 00:23:59,651 --> 00:24:02,387 they should bear some responsibility. 373 00:24:02,454 --> 00:24:05,124 Just a little. 374 00:24:09,362 --> 00:24:11,130 Sorry. I was doing pretty well. 375 00:24:12,765 --> 00:24:17,737 We will only be putting on three, maybe four witnesses. 376 00:24:17,803 --> 00:24:21,274 Unless they're cross-examined in perpetuity, we expect to rest our case by Friday. 377 00:24:23,810 --> 00:24:28,949 It's possible the defendant will put up 60 witnesses. 378 00:24:29,015 --> 00:24:32,052 That's how many are on their list. 379 00:24:32,119 --> 00:24:34,255 I don't know, or really care. 380 00:24:34,321 --> 00:24:39,293 You see, in the end, the strongest part of our case will be you. 381 00:24:39,360 --> 00:24:42,964 Your common sense. Your seat-of-the-pants wisdom. 382 00:24:43,030 --> 00:24:45,367 And when their umpteen experts tell you cigarettes... 383 00:24:45,433 --> 00:24:49,337 are non-addictive or don't cause cancer, you'll know better. 384 00:24:49,404 --> 00:24:51,939 We won't have to tell you. 385 00:24:53,108 --> 00:24:55,310 Lastly, 386 00:24:55,377 --> 00:24:58,647 this lawsuit is about compensating Mr. Ray... 387 00:24:58,714 --> 00:25:01,183 for his loss. 388 00:25:04,086 --> 00:25:07,456 I think we all know you can't really do that. 389 00:25:07,523 --> 00:25:10,793 He lost his wife of 43 years. 390 00:25:10,859 --> 00:25:13,362 Her death was slow, 391 00:25:13,429 --> 00:25:16,232 and it was painful. 392 00:25:16,299 --> 00:25:18,935 As Mr. Ray's lawyer, I suppose I should attempt... 393 00:25:19,002 --> 00:25:22,005 to tap into his grief, so you people can feel it. 394 00:25:22,071 --> 00:25:25,342 Well, that's another thing I won't be doing in this trial. 395 00:25:25,409 --> 00:25:29,246 I would never presume to be able to articulate his pain. 396 00:25:29,313 --> 00:25:33,050 Nor would I presume your ability to truly feel it, 397 00:25:33,117 --> 00:25:35,085 unless you've been through it. 398 00:25:37,487 --> 00:25:42,192 What I will try to tap into, however, is his anger. 399 00:25:42,260 --> 00:25:45,730 The woman he loved died from smoking their cigarettes. 400 00:25:45,796 --> 00:25:49,600 And he received no apology, no condolences, 401 00:25:49,667 --> 00:25:52,437 not even the slightest admission... 402 00:25:52,503 --> 00:25:54,973 that they are at all blameworthy. 403 00:25:56,808 --> 00:26:01,112 Maybe corporations, if they're big enough, don't have to apologize. 404 00:26:01,179 --> 00:26:03,715 Maybe corporations can put advertisements like this... 405 00:26:03,782 --> 00:26:05,651 on billboards all across the country-- 406 00:26:05,717 --> 00:26:07,887 or like this-- 407 00:26:07,954 --> 00:26:12,424 enticing people to use a product that could give them cancer, 408 00:26:12,491 --> 00:26:15,862 probably will give them cancer, 409 00:26:15,928 --> 00:26:17,997 and feel no remorse. 410 00:26:20,800 --> 00:26:26,773 The defendant, T.L. Michaels, generates revenues exceeding $28 billion a year. 411 00:26:26,840 --> 00:26:31,078 They make more than $76 million a day. A day. 412 00:26:31,144 --> 00:26:34,882 - Objection. This is totally irrelevant. - Overruled. 413 00:26:36,684 --> 00:26:42,023 He just asked us to believe that the money they make has no relevance. 414 00:26:43,157 --> 00:26:45,126 Gee. 415 00:26:45,193 --> 00:26:48,863 You will also be hearing from a scientist who formerly worked... 416 00:26:48,930 --> 00:26:51,265 for the World Health Organization. 417 00:26:51,332 --> 00:26:55,203 He will testify that three million people a year... 418 00:26:55,270 --> 00:26:57,906 die from smoking. 419 00:26:57,972 --> 00:27:01,110 One person every 10 seconds. 420 00:27:01,176 --> 00:27:05,815 One person every 10 seconds. 421 00:27:05,881 --> 00:27:09,084 This case is only about Margaret Ray. 422 00:27:09,151 --> 00:27:13,789 This case is only about her suffering and his. 423 00:27:15,258 --> 00:27:18,594 And yet, I still cannot bring myself to call it "irrelevant"... 424 00:27:18,661 --> 00:27:22,866 that in the short time I've been delivering my opening statement, 425 00:27:22,933 --> 00:27:26,269 they took in another million dollars or so... 426 00:27:26,336 --> 00:27:29,473 and 50 more people died. 427 00:27:31,442 --> 00:27:33,810 There's something wrong with that picture. 428 00:27:33,877 --> 00:27:36,113 And that one. And that one. 429 00:27:36,180 --> 00:27:39,884 And if a corporation makes billions and billions of dollars... 430 00:27:39,951 --> 00:27:44,622 while its product continues to kill and kill and kill-- 431 00:27:44,689 --> 00:27:47,592 If we just chalk that up to free society, 432 00:27:47,659 --> 00:27:51,028 well, there's something wrong with that picture as well. 433 00:28:15,221 --> 00:28:18,557 No, no, no, no. We are not going on TV with a case pending. 434 00:28:18,624 --> 00:28:22,328 Then who speaks up for Gerald? Let me do it. If you don't want to appear, I can-- 435 00:28:22,395 --> 00:28:24,498 You? Leonard Goode is a professional advocate. 436 00:28:24,564 --> 00:28:26,800 He'd chew you up like a breath mint. No offense. 437 00:28:26,866 --> 00:28:30,337 [ Danny ] I won't debate him. I'll just say Jerry shouldn't be automatically condemned. 438 00:28:30,404 --> 00:28:32,606 He lost his daughter. He shouldn't be vilified. That's all. 439 00:28:32,672 --> 00:28:34,942 It's too dangerous. Better that than let Leonard Goode go unopposed. 440 00:28:35,009 --> 00:28:38,613 -Jerry will get hung out to dry. -Bobby, there is some truth to this. 441 00:28:38,679 --> 00:28:41,682 Public opinion is gonna count big, especially if we try to plead. 442 00:28:41,749 --> 00:28:43,984 Little spin wouldn't hurt. 443 00:28:44,051 --> 00:28:46,321 If we do, we just offer perspective. 444 00:28:46,387 --> 00:28:48,723 We don't get argumentative, Danny. 445 00:28:48,789 --> 00:28:50,891 I promise. [ Rebecca ] Bobby? 446 00:28:50,959 --> 00:28:53,061 Bobby. Bobby. 447 00:28:53,128 --> 00:28:56,131 - Rebecca? - I have Anderson Pearson on three. 448 00:28:56,197 --> 00:28:58,199 He wants to discuss settlement. 449 00:28:59,300 --> 00:29:02,471 Okay, when? Their office, tonight, 7:00. 450 00:29:02,538 --> 00:29:04,706 Tell him yes. But don't sound too excited. 451 00:29:04,773 --> 00:29:06,675 I am not going to sound excited. 452 00:29:06,742 --> 00:29:08,577 Please. Just pick it up. 453 00:29:10,312 --> 00:29:14,416 Hello? Yes. 7:00 would be fine. Thank you. 454 00:29:14,483 --> 00:29:16,853 It's a trick. It's an ambush. I feel it. 455 00:29:16,919 --> 00:29:19,422 - What ambush? How are they gonna ambush us? - Okay, look, look, look. 456 00:29:19,489 --> 00:29:22,925 We gotta-- First off, we are all going. 457 00:29:22,992 --> 00:29:24,994 They got an army. So do we. 458 00:29:25,061 --> 00:29:27,864 Second, we gotta pick a number. High and a low. 459 00:29:27,931 --> 00:29:30,768 - Uh, how about anything? - No, forget it. We're ahead. Her opening was brilliant. 460 00:29:30,834 --> 00:29:32,770 Look, I say nothin' short of half a mil. 461 00:29:32,836 --> 00:29:35,539 - What, are you crazy? - [ All Arguing ] 462 00:29:35,606 --> 00:29:38,409 - What is that? - Hold it. 463 00:29:38,476 --> 00:29:41,044 [ Rebecca ] Hear what they have to say. It's just a meeting. 464 00:29:41,111 --> 00:29:44,382 - How can you go to a meeting? You're supposed to go on TV. - Oh, damn. 465 00:29:44,448 --> 00:29:47,418 - I can't miss that meeting. - You want me to do it alone? 466 00:29:48,752 --> 00:29:50,789 Jimmy. 467 00:29:50,855 --> 00:29:53,357 - Oh, God. - Just give me some number two pancake. I'm ready. 468 00:29:54,425 --> 00:29:57,396 All you say-- All either of you say is, 469 00:29:57,462 --> 00:29:59,998 "Don't hasten to prejudge until all the facts are in." 470 00:30:00,064 --> 00:30:01,900 Do we have an understanding on this? 471 00:30:01,966 --> 00:30:03,168 Yes. Pancake. 472 00:30:03,235 --> 00:30:05,905 Pancake. Let's pick our numbers. 473 00:30:05,971 --> 00:30:09,008 High and low. 474 00:30:33,834 --> 00:30:35,802 I'll do the talking. 475 00:30:35,869 --> 00:30:40,007 Let me do the talking. Whatever number they throw, don't anybody's eyes bug out. 476 00:30:40,074 --> 00:30:43,277 No eye bugging. 477 00:30:43,344 --> 00:30:45,947 - We'll just play this easy. - Forget easy, Bobby. 478 00:30:46,013 --> 00:30:48,082 Let's hard-line. You don't hard-line the tobacco industry. 479 00:30:48,149 --> 00:30:50,785 - They'll try the case just to drive it between our cheeks. - Shh! 480 00:30:50,852 --> 00:30:52,720 [ Door Opens ] 481 00:31:03,866 --> 00:31:05,968 [ Door Opens ] 482 00:31:17,480 --> 00:31:21,751 On condition of secrecy, signed confidentiality statements, 483 00:31:21,818 --> 00:31:23,620 no admission of liability, 484 00:31:23,687 --> 00:31:27,691 T.L. Michaels is prepared to offer $425,000... 485 00:31:27,757 --> 00:31:29,626 structured over two years. 486 00:31:31,795 --> 00:31:33,597 That offer is rejected. 487 00:31:36,100 --> 00:31:40,805 That offer is only being made because sometimes it's cheaper to shoo away a mosquito... 488 00:31:40,871 --> 00:31:42,807 rather than to slap it dead. 489 00:31:42,873 --> 00:31:45,943 Look, I'm not gonna pretend that we measure up here on legal talent, 490 00:31:46,010 --> 00:31:47,878 but let's be honest. 491 00:31:47,945 --> 00:31:50,248 You wouldn't be making any settlement if you weren't anxious. 492 00:31:50,315 --> 00:31:54,152 Anxious to avoid a protracted trial. That's all. 493 00:31:54,219 --> 00:31:57,088 I understand. But we have taken away your defense. 494 00:31:57,155 --> 00:32:00,959 Your strategy of blaming the victim? Gone. We already blamed her. 495 00:32:01,026 --> 00:32:04,896 Your scientific assault on nicotine being addictive? Gone. 496 00:32:04,963 --> 00:32:06,865 We're not arguing addiction. 497 00:32:06,932 --> 00:32:10,469 Your medical-technical wizardry saying that cigarettes don't cause cancer? 498 00:32:10,536 --> 00:32:12,671 We want you to argue that one. 499 00:32:12,738 --> 00:32:15,474 You know, we might be crazy, but there's a climate out there right now. 500 00:32:15,541 --> 00:32:19,879 States are suing tobacco companies for health costs associated with smoking. 501 00:32:19,946 --> 00:32:24,317 We are taking the gamble that the public, and those jurors-- 502 00:32:24,384 --> 00:32:26,653 they already know that you're the bad guys. 503 00:32:26,719 --> 00:32:28,655 You've already lost one. 504 00:32:28,721 --> 00:32:32,893 Just a matter of time before a jury in Massachusetts is gonna want to pinch you. 505 00:32:32,960 --> 00:32:37,831 And if we get them there, to the point where they want you to feel a sting? 506 00:32:37,898 --> 00:32:40,133 Even a little sting? Imagine. 507 00:32:40,200 --> 00:32:42,269 A million dollars is no pinch to you. 508 00:32:42,336 --> 00:32:45,072 Ten million isn't even a pimple. 509 00:32:45,139 --> 00:32:47,775 You rake in 76 million a day. 510 00:32:47,841 --> 00:32:49,877 A day. 511 00:32:49,944 --> 00:32:54,082 What if they think for killing Margaret Ray, you should forfeit just one day's proceeds? 512 00:32:54,148 --> 00:32:56,350 Or even half a day. 513 00:32:56,417 --> 00:32:58,587 And here's the biggest thing of all. 514 00:32:58,653 --> 00:33:01,523 Most victims don't bother to sue because you're just too big a windmill. 515 00:33:01,590 --> 00:33:06,395 What if you should ever lose a jury trial to a plaintiff who puts on so simple a case? 516 00:33:06,461 --> 00:33:09,264 Four witnesses, no autopsy needed? 517 00:33:09,331 --> 00:33:12,501 We'd be profiled in every legal journal. Mike Wallace would be in my office. 518 00:33:12,567 --> 00:33:15,304 And plaintiffs would suddenly be coming out of the woodwork. 519 00:33:18,974 --> 00:33:22,878 Well, you just have it all figured out, don't you? 520 00:33:22,945 --> 00:33:25,315 No, Mr. Pearson, we don't. 521 00:33:25,381 --> 00:33:28,384 We're just guessing. I admit that. But... 522 00:33:28,451 --> 00:33:31,187 suppose we guess right. 523 00:33:31,254 --> 00:33:33,389 Can you really afford to take that kind of chance? 524 00:33:33,456 --> 00:33:35,526 Can you? 525 00:33:35,592 --> 00:33:39,196 With your contingency fee, you're turning down $150,000. 526 00:33:39,263 --> 00:33:44,468 Now, it's just a hunch, but I suspect you could use that money. 527 00:33:47,772 --> 00:33:49,606 We reject your offer. 528 00:33:52,644 --> 00:33:54,579 Let's go. 529 00:34:04,256 --> 00:34:06,358 [ Door Closes ] 530 00:34:15,100 --> 00:34:16,902 Are you crazy? Four hundred thousand? 531 00:34:16,969 --> 00:34:18,937 We were authorized to take anything over three, Bobby. 532 00:34:19,004 --> 00:34:23,242 I was authorized to reject it too. [ All Arguing ] 533 00:34:23,309 --> 00:34:26,680 I know what I'm doing. Excuse me, but did you forget that we were broke? 534 00:34:26,746 --> 00:34:29,549 [ All Arguing ] 535 00:34:29,616 --> 00:34:31,618 [ Elevator Bell Dings ] [ Door Opens ] 536 00:34:37,157 --> 00:34:39,026 I'm gonna attach these to your lapels. 537 00:34:39,093 --> 00:34:41,796 You don't have to speak directly into them. Is my forehead sweating? 538 00:34:41,862 --> 00:34:45,199 Uh, this way, gentlemen. It sweats easy. 539 00:34:45,265 --> 00:34:47,835 [ Bell Ringing ] 540 00:34:50,671 --> 00:34:55,043 Good evening, and welcome to Prime Watch. I'm Suzannah Riley. 541 00:34:55,110 --> 00:34:58,679 Tonight, the stunning events surrounding the Martin trial... 542 00:34:58,746 --> 00:35:01,582 and the renewed debate over the question of revenge. 543 00:35:01,649 --> 00:35:03,551 They're gonna make another offer. When? Tonight? 544 00:35:03,619 --> 00:35:05,621 Maybe. What makes you think that? 545 00:35:05,687 --> 00:35:08,390 They offered four. He turned it down. What? 546 00:35:08,457 --> 00:35:11,460 - Et tu, Rebecca? - Damn right, et tu! We were hoping for three, et tu. 547 00:35:11,527 --> 00:35:13,462 Listen to me, all of you. 548 00:35:13,529 --> 00:35:16,332 They have a huge interest in settling this before the actual trial starts. 549 00:35:16,398 --> 00:35:19,601 As soon as a witness takes that stand, they're in trouble, and they know it. 550 00:35:19,668 --> 00:35:21,838 - [ All ] Why? - Because if they can get rid of it now, 551 00:35:21,904 --> 00:35:23,973 they can sell it publicly as a nuisance settlement. 552 00:35:24,040 --> 00:35:27,444 As soon as the trial's in progress, any settlement is perceived as a defeat. 553 00:35:27,510 --> 00:35:29,679 That's why they had this meeting tonight. 554 00:35:29,746 --> 00:35:32,915 - They wanna make this go away before the trial gets started. - But you turned it down! 555 00:35:32,983 --> 00:35:34,918 Four isn't enough. 556 00:35:34,985 --> 00:35:37,821 - They're gonna make another offer. - You hope. 557 00:35:37,888 --> 00:35:40,591 Yes, I hope. I hope. 558 00:35:40,658 --> 00:35:43,126 - I hope, I hope, I hope. - Ah, look! 559 00:35:43,193 --> 00:35:45,262 Here they go. 560 00:35:45,329 --> 00:35:48,266 [ Riley ] ...both of you attended every session of the Martin trial. 561 00:35:48,332 --> 00:35:50,368 Oh, God, help us. 562 00:35:50,434 --> 00:35:54,939 Strange to find two religious leaders embroiled in a murder case. 563 00:35:55,006 --> 00:35:58,376 But even more strange that each of you seems to be... 564 00:35:58,442 --> 00:36:00,779 embracing the respective murderer, if you will. 565 00:36:00,845 --> 00:36:04,349 I neither embraced nor condoned what Ronald Martin did. 566 00:36:04,416 --> 00:36:06,351 I simply offered him forgiveness. 567 00:36:06,418 --> 00:36:09,354 Okay. Why? He murdered a girl. 568 00:36:09,421 --> 00:36:11,656 For which he was judged to be insane at the time. 569 00:36:11,723 --> 00:36:15,728 But there was no suggestion of insanity at the time Father O'Brien forgave him. 570 00:36:15,795 --> 00:36:18,063 Easy, Danny. 571 00:36:18,130 --> 00:36:20,232 I refer to the Old Testament, which demands total forgiveness. 572 00:36:20,299 --> 00:36:22,668 Yes. It also talks about eye for an eye, 573 00:36:22,735 --> 00:36:24,704 which is about avenging evil. 574 00:36:24,770 --> 00:36:27,273 Truth be told, Dr. Braun's crime... 575 00:36:27,340 --> 00:36:29,209 was far worse than Ronald Martin's. 576 00:36:29,275 --> 00:36:33,814 - What? - Ronald Martin's act was of an insane impulse. 577 00:36:33,880 --> 00:36:37,551 Dr. Braun's, however, was deliberate, premeditated... 578 00:36:37,618 --> 00:36:39,586 and therefore more repugnant. 579 00:36:39,653 --> 00:36:43,224 An opinion you would quickly change, of course, should Dr. Braun put you on retainer. 580 00:36:43,290 --> 00:36:45,159 I take exception to that, Rabbi. 581 00:36:45,226 --> 00:36:47,794 You're hardly an arbiter of what's repugnant. Ronald Martin was a murderer. 582 00:36:47,861 --> 00:36:51,665 You celebrated the night you freed him. As did you celebrate, I suspect, 583 00:36:51,733 --> 00:36:54,836 when Dr. Braun was granted bail. 584 00:36:54,902 --> 00:36:59,374 Right now, an admitted killer is out walking on the streets. 585 00:36:59,441 --> 00:37:02,210 Well, who put who back on the streets, Mr. Goode? 586 00:37:02,277 --> 00:37:05,347 Oh, no. His cheeks are flushing. 587 00:37:05,413 --> 00:37:08,450 If someday you are charged with a crime, Rabbi, 588 00:37:08,516 --> 00:37:12,520 would you hire somebody who feels more responsible for society's fate or your own? 589 00:37:12,588 --> 00:37:14,623 That's one way of looking at it. 590 00:37:14,690 --> 00:37:17,092 Another way is, if I were murdered, you'd be standing... 591 00:37:17,159 --> 00:37:19,295 first in line to get my killer off. Oh, please. 592 00:37:19,362 --> 00:37:20,996 Please. This guy's good. 593 00:37:21,064 --> 00:37:23,532 [ Riley ] Certainly, Rabbi, you believe that all accused criminals... 594 00:37:23,599 --> 00:37:25,468 are entitled to a defense. 595 00:37:25,534 --> 00:37:28,337 A truthful defense. But that's not what he offers. 596 00:37:28,404 --> 00:37:31,841 The jury never got to hear the truth in Ronald Martin's trial. 597 00:37:31,908 --> 00:37:34,611 They never knew that he previously tried to kill another girl, 598 00:37:34,678 --> 00:37:36,613 because he suppressed that information. 599 00:37:36,680 --> 00:37:38,982 Your problem is with the Constitution. 600 00:37:39,048 --> 00:37:41,118 No, no. His problem is with lawyers like you... 601 00:37:41,185 --> 00:37:44,154 who use the Constitution to get off scum like Ronald Martin. 602 00:37:44,221 --> 00:37:47,157 He's not scum. Stop slandering this young man. He's dead. 603 00:37:47,224 --> 00:37:50,628 There's nothing wrong with slandering dead murderers. I read the Bible. 604 00:37:50,695 --> 00:37:53,197 [ O'Brien ] That's ridiculous. Gentlemen, please. 605 00:37:53,263 --> 00:37:55,400 What if everybody who was unhappy with a verdict... 606 00:37:55,466 --> 00:37:57,268 took it upon themselves to exact revenge? 607 00:37:57,335 --> 00:38:00,805 A lot of injustice would occur, but this isn't such a case. 608 00:38:00,871 --> 00:38:04,876 And Jerry Braun shouldn't be crucified because of what might hypothetically happen... 609 00:38:04,943 --> 00:38:07,646 if you don't condemn him on some legal principle, 610 00:38:07,713 --> 00:38:10,048 when morally, it's not so simple. 611 00:38:10,115 --> 00:38:12,651 - No. - If Gerald Braun came to you before and said, 612 00:38:12,718 --> 00:38:14,986 "Oh, by the way, I'm going to kill Ronald Martin," 613 00:38:15,053 --> 00:38:17,223 I hardly think you'd give him your moral blessing. 614 00:38:17,289 --> 00:38:19,391 Well, you would be wrong, Mr. Goode, 615 00:38:19,458 --> 00:38:21,560 because Dr. Braun did come to me, 616 00:38:21,627 --> 00:38:23,796 and I did give him my blessing. 617 00:38:23,863 --> 00:38:27,199 - What? - [ Riley ] Wait a second. 618 00:38:27,266 --> 00:38:31,404 You told Gerald Braun that it was okay to shoot Ronald Martin? 619 00:38:31,471 --> 00:38:33,440 He-He never said that. 620 00:38:33,506 --> 00:38:38,045 I said between Ronald Martin going free and Ronald Martin being dead, 621 00:38:38,111 --> 00:38:40,513 it was more moral for him to be dead. 622 00:38:40,580 --> 00:38:44,852 - Mother of God! - Page Jimmy as soon as they go off the air. 623 00:38:44,918 --> 00:38:46,987 Tell him to drag Danny's ass in here. 624 00:38:47,054 --> 00:38:48,922 I don't believe this. That's not in the Torah. 625 00:38:50,758 --> 00:38:53,727 - [ Phone Rings ] - [ Bobby ] Hello? 626 00:38:53,794 --> 00:38:57,665 Yes, this is Mr. Donnell. Oh, hi. 627 00:38:57,731 --> 00:39:00,068 Listen, I don't-- I don't mean to be impolite. 628 00:39:01,269 --> 00:39:03,204 Well, sure. 629 00:39:06,708 --> 00:39:09,043 That was Anderson Pearson. 630 00:39:09,110 --> 00:39:11,146 He's on his way over. 631 00:39:11,213 --> 00:39:12,447 What? Here? 632 00:39:12,514 --> 00:39:15,885 - Yes. Here. - Please. Whatever he offers, just say yes. 633 00:39:15,951 --> 00:39:17,987 - Thank you, Rebecca. - Here? 634 00:39:18,053 --> 00:39:20,956 Yes, here. 635 00:39:21,023 --> 00:39:24,159 Bobby's very upset. Very, very upset. Why? 636 00:39:24,226 --> 00:39:26,562 Why? You encouraged Dr. Braun to commit a homicide. 637 00:39:26,629 --> 00:39:29,265 This is not an appropriate thing rabbis should do with their congregants. 638 00:39:29,332 --> 00:39:31,334 Mr. Warner? Yes? 639 00:39:31,401 --> 00:39:33,236 Detective Robert Belle, Boston Police. 640 00:39:33,303 --> 00:39:36,673 Would you place your hands behind your back please, sir? What? Why? 641 00:39:36,740 --> 00:39:39,209 Accessory to murder? 642 00:39:39,275 --> 00:39:42,746 All right, all right, all right, all right. Let-- Let's get him arraigned tonight. 643 00:39:42,813 --> 00:39:45,949 If we do it tomorrow, the press'll be all over it. Can you handle the arraignment? 644 00:39:46,016 --> 00:39:48,319 Of course I can do it. What kind of a question's that? 645 00:39:48,385 --> 00:39:51,755 Okay. I can't imagine they'll ask bail. Plead not guilty. 646 00:39:51,822 --> 00:39:55,827 Oh, thanks. You know, I was gonna plead him guilty and get him a life sentence. 647 00:39:55,893 --> 00:39:58,095 He's got such great faith. 648 00:39:58,162 --> 00:40:00,064 Tell him not to worry, 649 00:40:00,131 --> 00:40:02,934 this is bogus, it's just showtime and that I'll take care of it, okay? 650 00:40:03,000 --> 00:40:05,903 - [ Bobby ] Not guilty, Jimmy. - You're a stitch! 651 00:40:05,970 --> 00:40:08,873 Can you believe it? They arrested him. 652 00:40:08,941 --> 00:40:10,909 - What a night. - [ Knocking ] 653 00:40:21,019 --> 00:40:25,124 I'm not going to preface anything or do a big sell. 654 00:40:25,191 --> 00:40:28,727 This check has already been signed, so there's nothing to negotiate. 655 00:40:28,794 --> 00:40:30,730 You either take it or leave it. 656 00:40:30,797 --> 00:40:33,532 But this will be our final offer. 657 00:40:33,600 --> 00:40:37,704 It's designed to be preemptive. After this, we will take our chance with the jury. 658 00:40:37,771 --> 00:40:42,041 Even one which happens to find you adorable. 659 00:40:43,410 --> 00:40:45,545 What's the number? 660 00:40:45,612 --> 00:40:48,682 If you never believe anything I ever say, 661 00:40:48,749 --> 00:40:51,218 believe that this is the last and final offer. 662 00:40:51,285 --> 00:40:55,790 What's the number? One point seven million. 663 00:41:04,299 --> 00:41:06,467 Accepted. 664 00:41:06,534 --> 00:41:10,606 No admission of liability, confidentiality, the usual language. 665 00:41:10,672 --> 00:41:14,175 You have full power of attorney? I-- I do. 666 00:41:14,242 --> 00:41:17,078 Sign. 667 00:41:23,886 --> 00:41:26,088 We'll make copies. 668 00:41:27,857 --> 00:41:32,829 This is yours. Tell your client congratulations. 669 00:41:38,135 --> 00:41:42,705 And please tell him that I'm-- 670 00:41:46,243 --> 00:41:49,713 that, uh, we're very sorry about his loss. 671 00:42:13,405 --> 00:42:15,907 You-- You-- 672 00:42:19,611 --> 00:42:22,281 - This is good. - Yeah. 673 00:42:24,584 --> 00:42:26,752 Can we get a conference table now? 674 00:42:28,288 --> 00:42:31,924 [ Chuckling ] 675 00:42:31,991 --> 00:42:33,893 Yeah. 676 00:42:35,161 --> 00:42:38,698 I don't know, but, um, maybe we should tell the client. 677 00:42:38,765 --> 00:42:41,367 [ All Laughing ] 678 00:42:41,434 --> 00:42:43,770 Tell him we settled for 400. 679 00:42:43,837 --> 00:42:46,106 [ All Laughing ] 680 00:42:46,172 --> 00:42:48,442 And Jimmy. We gotta tell Jimmy. 681 00:42:48,509 --> 00:42:50,811 Oh, God. Jimmy. 682 00:42:50,877 --> 00:42:55,549 James L. Berluti representing the defendant. We waive reading, Your Honor. 683 00:42:55,616 --> 00:43:01,355 And pursuant to my authority as counsel, I enter a plea of not guilty. 684 00:43:01,422 --> 00:43:04,191 Bail? 685 00:43:04,258 --> 00:43:07,329 We'd be requesting an immediate trial date, Your Honor. 686 00:43:07,395 --> 00:43:10,598 My client feels scorned by these horrible charges, 687 00:43:10,665 --> 00:43:14,069 and would like an opportunity forthwith to clear his name. 688 00:43:14,136 --> 00:43:16,004 Forthwith. 689 00:43:16,071 --> 00:43:18,541 Two weeks, Monday. Is that "forthwith" enough? 690 00:43:18,607 --> 00:43:22,345 Oh, this would be suitable. Thank you, Your Highness-- Honor. 691 00:43:23,446 --> 00:43:26,815 Personal recognizance. See Probation. Next. 692 00:43:26,882 --> 00:43:29,285 [ Gavel Raps ] 693 00:43:29,352 --> 00:43:32,088 That went very well. Very, very well. 694 00:43:34,390 --> 00:43:37,627 All right! I don't know what to say! 695 00:43:37,694 --> 00:43:39,596 Every law firm said to me, "No way!" 696 00:43:39,663 --> 00:43:43,166 You people said, "Maybe." And you backed it up. 697 00:43:43,233 --> 00:43:47,237 - Well, that's mainly because of Miss Awesome here. - And Bobby with his game plan. 698 00:43:47,304 --> 00:43:50,140 - Ah, which only I supported, by the way. - Oh, get out of here. 699 00:43:50,207 --> 00:43:53,778 - [ Ray ] Say, where is Bobby? - Oh, he'll be here. He and Rebecca are locking up. 700 00:43:53,844 --> 00:43:57,281 But they'll be here. Good. Here's to Bobby. 701 00:44:38,691 --> 00:44:40,627 Hey, Beck. 702 00:44:40,693 --> 00:44:42,829 Hey. 703 00:44:45,999 --> 00:44:48,902 Guess we should get goin'. 704 00:44:50,170 --> 00:44:52,706 Yeah. 705 00:44:52,773 --> 00:44:54,775 It's okay to cry a little. 706 00:44:54,916 --> 00:44:57,449 Ah, it's just-- 707 00:44:57,516 --> 00:44:59,549 just money. 708 00:44:59,616 --> 00:45:01,516 Just a settlement. 709 00:45:03,749 --> 00:45:05,682 Okay. 710 00:45:07,749 --> 00:45:09,649 Then I'll cry. [ Crying ] 711 00:45:32,582 --> 00:45:35,116 You should call your dad. 712 00:45:38,682 --> 00:45:40,616 Yeah. 713 00:46:10,082 --> 00:46:11,916 [ Woman ] You stinker! 61904

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