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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 cigaretteskilled 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 moreprepared 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 uncleshad 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.
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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 bellyou 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 gonnamake 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 allour 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 oftemporary insanity.
128
00:08:30,639 --> 00:08:34,008
On the charge of voluntarymanslaughter,
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
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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'tlet 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 defendantis 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 peoplequit 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 readyto 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'regonna 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 havealready 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 couldresent 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 callingwitnesses to provethat 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-addictiveor 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 tobaccocompanies for health costsassociated 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 millionisn'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'sin progress, any settlementis perceived as a defeat.
553
00:35:27,510 --> 00:35:29,679
That's why they hadthis 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 dragDanny'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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