All language subtitles for Law and order S15E24 - Locomotion

NARRATOR:
In the criminal justice system

the people are represented by two
separate yet equally important groups,

the police
who investigate crime,

and the district attorneys
who prosecute the offenders.

These are their stories.

Last year was
a total aberration.

Last year was the
beginning of a dynasty

with a capital

Without Pedro? No way.

That's right.
Who's your daddy?

At least it's not
Steinbrenner.

Big Unit, baby.
World championship,

back where it belongs.
The Bronx!

Pedro is a Met.

Good luck. Guy's been
in there half an hour.

Hey, fella?
Everything all right?

Think he died
in there.

Smells like he did.
Come on!

(TRAIN HORN BLOWING)

(PEOPLE SCREAMING)

Morning rush, 8:22 to Grand Central.
Five DOAs and counting.

What about
the driver?

Dogs don't think
anybody's in there.

We'll know for sure
once we open her up.

Witnesses?

Two so far.
Railroad guys.

Don't know how much
they could have seen

fixing a switch
100 yards away.

We'll need to talk to them anyway.
Casey Jones, too.

Casey Jones?

The driver of the train. What
do you call it? The engineer.

This isn't some crossing in the
middle of a cornfield in Kansas.

How the hell did this thing
get on the tracks?

The busted guard gate
up the service road,

it looks like he
crashed through there.

Any security video?
Supposed to be.

I'll call the monitoring
center and get it cued up.

From every camera in the yard. We're
gonna need ID on this vehicle.

We ran the plates
already. Stolen.

Off a car in Van Cortlandt
Park three days ago.

Soon as CSU
finds the VIN...

The rest of the passengers,
bumps and bruises,

we need everybody lD'd,
everybody interviewed.

There's a public school close by,
we're gonna bus them over there.

Follow up at the hospitals with
the serious injured later.

All right, thanks a lot, Sarge.
Good work.

Stolen plates, busted gate,
restricted area. This is no accident.

He'd have to know about the gates,
the schedule, the crossing.

Disgruntled
employee?

Been known to happen.
Mayhem in the workplace.

That's one possibility.
I have another.

Terrorists.

That's a cheery thought.

I'm full of them, pal.

Suddenly we're on top
of the damn thing.

I couldn't
believe my eyes.

No signals,
no alarms?

No warning whatsoever.

Just that damn SUV,
looming up at me.

I slammed on
the brakes, but...

Felt like we were going over a cliff.
Slid right into it.

You know, I maybe heard
something coming over the radio

just as we were
plowing into the guy.

Awarning?

Could've been.

To tell you the truth, between
the horn and the brakes

and the sound of the crash,
my ears are still ringing.

FONTANA: You get anything?

No. They were clear down
the other end of the yard,

they didn't even
see the crash.

Any trace of
the driver?

Dogs were right. Whoever
was in there is long gone.

ASSISTANT M.E.:
Seven dead here.

Halfa dozen on their way to the
O.R., could go either way.

Did they get everyone
off the train?

So they tell me.
All right, thanks.

What do we have?

Seven so far, it could
possibly go as high as 13.

What about the driver?

No trace of
the bastard.

Are the Feds working
the terrorist angle?

Well, the Joint Terrorism
Task Force is checking to see

if today is
some kind of anniversary

that might've
triggered an attack.

Grand Central, Penn Station and
Metro-North are all on red alert.

Anybody take
credit for it yet?

Not yet.

Well, if he is aterrorist,
he's no suicide martyr.

Not all of them are. The guys
who hit the trains in Madrid

hid their bombs
in suitcases and gym bags

and got the hell
out of there.

Like this guy.

I gotta tell you, this doesn't
feel like aterrorist.

It feels like
a nut job to me.

Well, let's hope
you're right.

Oh, man. He just blew
right on through there.

Yeah, but the question is
who was minding the store?

When the car crashed
through the gate,

why didn't it
set off an alarm?

It did. But by the time
we radioed the train...

Why the slow response?

Happened at shift change,
8:00 a.m.

Yeah, sure.
Coffee and danish,

somebody reading
the newspaper,

nobody's paying
attention to the monitors.

Guy knew what
he was doing.

Pull it up a little closer.

Well, somebody's in there, but I can't
tell if he's black or white, young or old.

Male or female,
for that matter.

Camera's set up to catch
kids coming over the gate,

trespassers,
not cars crashing through it.

Well, he crashed the gate
at 8:00 straight up, right?

FONTANA: Right.

Collision with the train
occurred at 8:03.

He's cutting it
pretty close.

What time was
the site secured?

FONTANA: 8:20.

So he had time
to get away.

How many ways
out of the train yard?

Couple of pedestrian gates,
but they were locked.

Security cameras?

We've already
looked at that footage.

Nobody in or out of those
gates, before or after.

Maybe he walked out the way he came in.
Right through there.

He might still be in with the
passengers hiding in plain sight.

Parks the SUV
on the tracks,

sticks around
to see what happens.

All that chaos,
who's gonna notice?

Yeah, then they
seal off the scene,

he's stuck, gets processed
with everyone else.

We'll go back, see if they come across
anybody that doesn't seem to fit.

We've processed 100, roughly.
Another 120 or so to go.

What about the ones
who went to hospitals?

We'll follow up on them
in a day or two.

Do you get Aided
reports on everybody?

We're looking at
IDs, addresses,

dates of birth, where people got
on, where they were headed.

Tickets? If they got 'em.
Lot of people don't.

It's a commuter line.

You ever ride it?
Perish the thought.

Yeah, we're pretty casual
as far as tickets go.

A lot of monthly passes.

Is there anyone
we should re-interview?

Nobody on the train
saw nothing.

I mean, one minute
they're cruising along

like every other day,
and the next...

We were just wondering if one of the
passengers wasn't a passenger at all.

You mean the driver
of the SUV?

Anybody strikes us as wrong,
we flag them, definitely.

What's the latest tally?

Last I heard,
it's up to nine.

(CELL PHONE RINGING)

Fontana.

Well, that's great. Thanks.

They got the VIN number.

What about prints? DNA?

Come on, you don't want the
whole thing handed to you

on a silver platter,
do you?

Why not? A ground ball
every once in a while?

The SUV belongs to a guy
named Lenny Thorne.

Why does that name
ring a bell?

Date rape, a hung
jury, mistrial.

Right. The D.A.'s
gonna retry that case.

He even held a press
conference to that effect.

Guess who the A.D.A.
was? Marc Nesoff.

Should I know
that name?

Doesn't matter. Guess where
he was yesterday morning?

On the train?

On his way
into the office.

FONTANA: Nesoff lives
in Chappaqua.

He takes the same train into Grand
Central every day of the week.

Wouldn't be hard for
Thorne to figure that out.

What do we know
about this Mr. Thorne?

Systems analyst,
college educated creep.

There was an earlier case, the woman
dropped the criminal charges,

she took a big civil settlement,
his family paid her off.

I'm not sure it's
enough for a warrant.

FONTANA:
Well, it should be.

Well, this is a terrorist
investigation, right?

As of now.

Patriot Act. We've got more than
enough to get a warrant under that.

I assume
he's armed and dangerous.

Police! Freeze!

FALCO: Get your hands up!
Let me see your hands!

OFFICER: Captain, clear.

Hands on your head!
On your knees!

Shut yourmouth!
Shut up!

No problem. You heard
the man, shut up!

Detectives, we found this
in the bedroom closet.

It isn't mine. I have no
idea how it got there.

Man, don't even go there,
we're not in the mood.

I don't know.

FONTANA:
You don't know?

Nope. I don't know.

But it's your car.

Must've been stolen.
Did you report it?

I didn't know it was gone, until
y'all come crashing in my apartment.

When was the last
time you saw it?

Couple days ago.

Told you.
Found a primo parking spot.

Didn't have to move it
until Tuesday.

You stole some plates,
you put them on your car,

you drove the car
onto the tracks,

derailing the train,
and killing 10...

Twelve.

Twelve people and injuring
God knows how many others.

Wasn't me.

You know who was
on that train?

No idea, man.

Marc Nesoff.

Nesoffthe D.A.?

No way.
Way.

He hurt?

Too bad for you,
no, he wasn't.

That's quite a coincidence that your car
derails the train that Nesoff was on.

All it is.
A coincidence.

Oh, no, Lenny. It's
much more than that.

It's called motive.

M-O-T-I-V-E. Motive.

I'm not worried about
the retrial

if that's why
you think I did this.

You tied that girl up in her own
apartment, you raped her at gunpoint.

It was a game.
She asked me to.

Is that how she wound up in the hospital?
Playing a game?

They got you cold on rape,
sodomy, false imprisonment.

I'll beat the next one same
as I beat the first trial.

A mistrial? Hung jury? You
won't get that lucky again.

Luck had nothing
to do with it.

All I need is one girl on that
jury to make eye contact with.

You're not that charming.

I just convince her
I could never have done

such a nasty thing
as they claim I did.

She looks in my eyes
and she knows.

I'm not that kind of guy.

He's a cocky bastard.

The guy's
a piece of work.

So what do you think?

Oh, I like him
a lot for it.

I think he looks good. Means, motive,
opportunity, he's got no alibi to speak of.

(KNOCKING AT DOOR)

Sorry to disturb you, Loo.
Lab said it was urgent.

Thanks.

Well, they got two sets of
prints on the steering wheel,

Thorne's and someone
who's not in the system.

Doesn't mean
anything.

He's right. He could have loaned his car
to a friend a week ago, or a month ago.

Well, better to put it
to rest anyway.

Go on over to Intel,

see if they've finished checking
backgrounds on the passengers.

What about Prince Charming here?
We were just getting started.

I'll take care of him.

Post 9111, we do more terrorism
than drug work, truthfully.

We have agents from Customs,
Immigration, NYPD, DEA, IRS, FBI,

and access
to all their systems.

Do you think that
this was a terrorist attack?

At first I thought,
"Okay, here we go."

But it's been quiet,

no chatter,
no other incidents.

We're starting to be reasonably confident
this was an isolated criminal act only.

We hear you have
a suspect in custody.

Yeah,
it looks good for us.

But there's a second
set of prints.

We all know fingerprints
don't come with a time stamp.

You complete the backgrounds
on all the Aideds yet?

Yeah. Anybodyjump outatyou?

Aside from
the faked injuries,

in anticipation of a big insurance
settlement with the railroad?

People are amazing.

Hey, you have to answer
when opportunity knocks.

Twelve men between
the ages of 16 and 75

who had no ticket stub,
no monthly pass,

couldn't remember where
they boarded the train,

or had an inappropriate address
relative to their station stop.

You run 'em?

No criminal records, not on any watch list.
Four were vets,

we had BCI do a comparison against
the second set of prints,

eliminated them
right away.

Here are the other eight,
for what it's worth.

Thank you very much.
My pleasure.

Well, two of them
live uptown,

near where Thorne says
his SUV was stolen.

This list assumes
these guys had real IDs.

But let's say that the
driver is not a terrorist.

He stays around too long,
he gets stuck there.

Has to show
his real ID.

What have we
got to lose?

I was visiting
my girlfriend.

You told the detective you
boarded the train at Purchase.

I was confused, okay?
Freaked out.

I hit my head in the crash, I was
groggy, okay? I kept saying Purchase,

I meant White Plains.

My girlfriend
goes to Purchase,

her folks live
in White Plains, okay?

Would you watch your tone
of voice with us, please?

What are you,
my parents?

If you don't stop acting
like a tough guy right now,

I'm gonna take you over my
knee and I'm gonna spank you

in front of
all of your friends.

You get the message?

Sorry.

You showed the detective
a student ID?

Yeah.
We need to see it.

Uh, sure.

I already told the cops I didn't
see anything before the crash.

Police officers.
What?

"Cops"
it's an offensive term.

Oh. Okay.
I didn't know.

Now you do.

Okay, we're gonna
have to copy this

see if it's authentic,
these are easy to fake.

Oh, man I need it to get
into the Student Union.

How am I gonna get dinner?

You don't have anything else?
Passport? Driver's license?

Neither one.

FONTANA: How come you don't
have a driver's license?

I don't drive.

You don't know
how to drive a car?

This is New York City,
never had to learn.

I'm a third generation, no
driver's license New Yorker.

No driver's license.
No passport.

So if we said to you,
"Don't leave town."

Wouldn't dream of it.

"Dave Buckley, 35.
Construction worker,

"cuts and bruises,
treated at the scene."

Well, at least this guy
has a driver's license.

I'd like to get done
with this thing,

have another go
at Lenny Thorne.

So would I.

BUCKLEY: Who is it?

New York City Police
Department, Mr. Buckley.

Hang on a second.

Hey, yeah, come on in.

Sorry about the mess. I'm
not much of a housekeeper.

Let me clear you
a spot here.

That's okay,
we won't be here that long.

We just wanted to ask you a few
more questions about the train.

Looks like you've got
cut up a little bit.

Uh, yeah, you know,
flying glass.

You got kids?

Yeah, that's my daughter.
She's six going on 16.

I know what you mean. I got two, a
boy and a girl, three and six, also.

Yeah, those little girls, they're the best,
though, huh? That father-daughter thing?

Oh, it's great.

Yeah I wish I could freeze her
just at that age, you know?

You divorced?

Separated.

You know, just
a temporary thing.

You know how it is.

Up and downs,
we'll work it out.

Your wrist.

Huh?

Your wrist is bleeding.

Oh, yeah. I don't know why
that keeps doing that.

Did that happen
at the wreck?

Yeah, yeah.

They should've taken you to
the hospital, had it sewn up.

Yeah, they wanted to, but I...

But what? You refused
medical aid?

I don't have insurance.

Uh-huh.

That looks pretty fresh.

Yeah, well,
I had it butterflied.

Yeah, I guess
it probably busted loose.

I want to take
a look at that.

Oh, yeah.

Yeah. It's gonna need
a fresh bandage.

Yeah, there's some
gauze over there.

Nick?
Yeah?

This is not right.
This is not right at all.

What do you mean?

This wasn't caused
by flying glass.

Yeah, it is. Sure it was.

No, it's too clean.

This was caused
by a blade.

You cut yourself.
You slashed your wrist.

L---

Nick?

That's a blade cut.
No question.

Why would you do that?

I don't know.

Well, you're gonna
need a doctor.

I don't know why...

Why would you do
such a thing, David?

David?

I didn't mean
to hurt anybody.

I didn't mean
to kill anybody.

You killed 12 people.

(CRYING)

I'm sorry.

(sums)

I just meant to kill myself.

You wanna give us
a statement now?

Sure. Why not?

You think
he's for real?

Do I think he really meant
to commit suicide

when he put that SUV
in front of the train?

I don't know. What
difference does it make?

It might influence
how he's charged.

His DNA's in that vehicle, his
prints are on the steering wheel,

his signature's
on the confession.

Is it bullet proof?

Witnessed, videotaped.

Wish there'd been
a lawyer there.

He didn't want one.

Look,lhope you're charging him
with 12 counts of murder one,

two hundred and fifty counts
of attempted murder,

and whatever else
you can throw at him.

I was at the scene,
Counselor.

And if this case doesn't help bring back
the death penalty in New York State,

I don't know what will.

It's hard to know where to
begin with Mr. Buckley.

I think we can hold the multitude
of lesser counts in reserve.

So the question is,
which theory of murder two?

Well, why wouldn't you hedge
your bets and charge both?

Well, until recently,
that's exactly what we'd do.

There was a red alert ruling
last year People v. Payne.

I'm not familiar with it.

The defendant shot the victim
in the stomach with a shotgun.

There was some question
about why,

so we charged him with
both theories of murder two.

Thejury acquitted on intentional,
convicted on depraved indifference.

So the strategy worked, you
got your fallback position.

The Court of Appeals overturned the
depraved indifference conviction.

Insufficient evidence.

And since he'd already been
acquitted of intentional...

JACK: He walked.

I think we go with depraved.

Take the classic
law school example,

throwing open the lion's cage
in a crowded zoo,

without regard
for the consequences.

That's exactly
what he did, isn't it?

I'll draw up the indictment.

JACK: Who's his lawyer?
Legal aid?

Someone just agreed to represent
him, pro bono, a Rodney Fallon.

You know him?

Let's arrange a meeting.

My intent to file
an affirmative defense.

Not guilty by reason
of insanity.

This is a textbook example
of depraved indifference.

And given that less than one percent
of insanity defenses succeed...

It's still on the books, it
ought to have some validity.

The public doesn't believe in insanity
defenses anymore. Look at Andrea Yates.

If a woman who drowns her four
children isn't crazy, who is?

That's Texas,
this is New York City.

I don't think there's a red statefblue
state schism on this issue.

We have every confidence of
prevailing in front of ajury.

The jury is gonna see a very sympathetic
man, Miss Borgia, not a monster.

Someone who deserves
treatment, not punishment.

What are you
looking for?

Man two.

Are you joking?

Fifteen years, each count.
To be served concurrently.

As if he'd killed
one person and not 12?

That was his intent.
One person: himself.

I share my colleague's
distaste for your proposal.

Well, make me a counter.

You shouldn't mislead
your client, Mr. Fallon.

He's going to prison
for the rest of his life.

That's no incentive.

We understand he has
a large extended family.

We'll recommend that he serve his
sentence in a downstate penitentiary.

No sale.

We'll schedule
a 730 exam.

I have no doubt heWlbejudged
competent to stand trial.

No doubt.

As you say, Miss Borgia,

these days everyone's
competent to stand trial,

no matter
how crazy they are.

JACK: The defendant
stole an SUV,

crashed it through
a security gate,

and left it directly in the path
of a high-speed commuter train

full of people
on their way to work.

He killed 12,

injured more than
a hundred and fifty others.

Some of them
sustained injuries

that will cripple them
for the rest of their lives.

He put every single person
on that train at risk.

Why he did it

is irrelevant.

That he did it

is incontrovertible.

And ultimately,
the only thing that matters.

The deed speaks
for itself.

Davey Buckley
was out of his mind.

He wasn't thinking about the
consequences of his actions.

He couldn't.

He was focused solely

on the insane act
of taking his own life.

Davey Buckley has
atroubled history

of behaviors that point to an
undiagnosed mental illness.

Depression.

Bipolar disorder.

He never had
the resources

to get the help
he needed.

He fell through
the cracks.

Davey Buckley was an
accident waiting to happen.

Now, you and I know that there is
no safety net for the working poor.

If he was rich,
or even middle class,

this never
would have occurred.

Davey Buckley is not criminally
responsible for that tragic accident.

He timed his arrival at the
security gate with the shift change

at the monitoring station,

so there was
minimal opportunity

to alert the crew
and avert the collision.

How would you
characterize his actions?

Objection.

The witness has no insight as to Mr.
Buckley's state of mind.

Mr. McCoy?

Detective,

did you form an opinion

about the expertise
and efficacy

of the defendant's criminal activities
in relation to this incident?

Highly organized, well
planned, well executed.

What about the defendant's
actions after the crash?

He remained
at the scene,

mingled in with
the real passengers,

he used a pocket knife to inflict some
superficial wounds to his hands and arms,

he was treated
by medical personnel,

and released.

JACK: How do you interpret
those actions?

He was trying to blend in, get away
like any other hit and runner.

Objection!

Sustained.

You arrested
Mr. Buckley?

Yes.

Interrogated him?

I interviewed him, yes.
Me and my partner.

He confessed?

He voluntarily gave us
a statement, yes.

And after he confessed?

We processed him
through the system.

Did you make any special
arrangements for Mr. Buckley?

Special arrangements?

Given the circumstances
surrounding this incident.

Were any special precautions taken
regarding his incarceration?

He was placed on 24
hour suicide watch.

How do you think
it's going?

I think we put on
a strong case.

You think Fallon
scored any points?

The fact that the police put Davey
Buckley on a suicide watch?

A reasonable precaution.

I was going over their
witness list for tomorrow.

There's a neighborhood storefront
clinic doctor, and an expert for hire.

Who probably spent all of
an hour with Davey Buckley,

but will tell us that he had a troubled
childhood and he's clinically insane.

And what about this neighborhood doctor?
What is that about?

Fallon's not interested in
rehabilitating the insanity defense.

He's using this
as a soapbox.

Mental health benefits
for the working poor.

That could resonate
with the jury.

Middle class people are worried about
losing their health insurance.

This isn't about that.

I'm not going to let
Fallon distract them.

FALLON: Well, according
to these records,

Davey Buckley came
to your clinic three times.

If that's what it says.

In fact, he saw
a different doctor each time.

Do you remember what
his symptoms were?

I'd have to look
at the file.

Depression.

Do you remember what
you prescribed for him?

Again, without
refreshing my memory...

Haldol.

If that's what it says.

That's exactly what it says.

How much Haldol did you
prescribe for Mr. Buckley?

Do you remember?

A year's worth?
A month's worth?

It would have been
less than that.

Four or five day's worth,
at the most.

Did you ever do any follow up with Mr.
Buckley, to see how he was doing?

We don't do follow up.
We don't have the resources.

Are you a psychiatrist?

No.

Have you ever had any training
in psychiatry or psychology?

Just the standard
six-week rotation.

Yet, you felt competent in diagnosing Mr.
Buckley as depressed?

He diagnosed himself.

If a patient tells me
he's depressed...

You give him Haldol.

Three or four
day's worth.

Why do people
come to your clinic?

It's in the neighborhood.

Inexpensive.

If people don't have
insurance...

In other words, they come because
they have no other choice.

We do the best we can,
under the circumstances.

Did Davey Buckley
have insurance?

No... He didn't.

Do you think he would have
come to your clinic if he had?

Probably not.

Are there circumstances under which
you would have sent Mr. Buckley

to another facility
for further care?

Sure. If he exhibited severe
symptoms, of course we would have.

Thank you.

Redirect,
Your Honor?

Go ahead.

Isn't it true, Doctor, that there is
an unspoken policy at your clinic?

Objection!

Well, if there was
an understanding,

certainly the witness
can speak to it.

Overruled.

Isn't it your
understanding, Doctor,

that whenever possible you're to
throw cheap drugs at a patient

and not send them to the
hospital for further treatment?

That is a gross
overstatement.

Really?

Well, if you say so.

JUDGE: Mr. Fallon?

(INDISTINCT CHATTERING)

Mr. Fallon, please call
your next witness.

Yes, I'd like to call expert witness, Dr.
Sheldon Farnes.

That's not. No. I don't agree
with that, I don't want you to.

JUDGE: Mr. Buckley
that is not appropriate.

I'm sorry, Your Honor.

Davey, please. I don't agree to this.
Not at all.

Mr. Fallon, please remind your
client this is a court of law...

He's not my lawyer anymore.
Davey.

No, I'm firing him,
YourHonoL Davey, please.

FALLON: Your Honor, can we recess
for a few minutes, please?

I want to represent
myself, Your Honor.

That is not wise,
Mr. Buckley.

I want to change
my plea, too.

You wish to plead guilty?

Not guilty.

I wish to plead
not guilty.

I don't understand, what...

No insanity, uh...

You know,
just not guilty.

What the hell happened between close
of court yesterday and this morning?

Why Davey Buckley's
sudden change of heart?

Ichecked the visitor's
log at Rikers.

His brother Thomas paid
him a visit last night.

So I called Thomas, I asked
him what they talked about.

He said he just tried
to cheer Davey up.

Told him how well
things were going,

what a great job
Fallon was doing,

how persuasive their
expert witness would be.

More or less.

Maybe brother Thomas
was too convincing.

Buckley's starting to believe that
Fallon's strategy might actually work.

I don't follow you.

If Davey Buckley is acquitted
by reason of insanity,

he goes to
a mental institution.

For an indeterminate
amount of time.

He'd rather go to prison?

I don't know.

Doesn't it work to our advantage
if he represents himself?

It's a wild card.

I hate to give
an appellate court

anything to hang
a reversal on.

Hopefully Judge Bradley
won't let it get that far.

Mr. Buckley, do you understand the
pitfalls of representing yourself?

The need for adequate legal counsel
in our adversarial system?

Yes, Your Honor.

I have to warn you,
Mr. Buckley,

you will forfeit your right
to self representation

if you engage in disruptive
or obstreperous conduct,

calculated to undermine,

or delay the progress
of this trial.

I understand,
Your Honor.

All right, Mr. Buckley.

You may proceed.

Your Honor,
with all due respect.

I know the People's
position, Mr. McCoy.

Your Honor,

in light of this decision, I would
like to be relieved of my duties.

Your application is denied.

I need you to be standby
counsel for Mr. Buckley.

Your Honor...

I'll not take no
for an answer, Mr. Fallon.

Mr. Buckley, when will you be
ready to call your first witness?

I only have one witness,
Your Honor. Myself.

How do you propose to testify
and do direct examination?

I thought I could write out
the questions, and, uh...

Mr. Fallon could ask them,
so I could answer.

Your Honor...

This idea is just
further evidence that

Mr. Buckley shouldn't
represent himself.

I think it's a very
practical idea, Mr. Fallon.

Court will
reconvene tomorrow.

(BANGS GAVEL)

"Did you really intend
to kill yourself?"

BUCKLEY: Yes.

"Didn't you think
other people would be hurt?"

I feel terrible
about that.

I honestly thought that the
train would demolish the SUV,

and just keep going.

The train was so much bigger,
it was so much heavier.

And, uh...

And I thought it would
just smash the car,

or it would push it
aside, like a bulldozer.

"What was your state of mind
that morning?"

I just wanted to put
myself out of my misery.

That's all I was
thinking about.

"Then why didn't you?"

I saw the train coming.
And, uh...

I saw my little girl's face.

And I just...
I couldn't do it.

I tried to drive the car
off the tracks.

I swear to God.
And it, it was stuck.

I didn't mean
to hurt anyone

I didn't mean
for anyone to get hurt.

I'm concerned that
he's coming across

as an effective,
sympathetic defendant.

I was going over
Fallon's witness list,

the ones he would've called
if Buckley hadn't fired him?

His brothers and sisters
are on the list.

More sibling testimony

about the trials and
tribulations of Davey Buckley.

That's the thing. There's
another brother, Jimmy.

He's the oldest, owns a
construction company.

Davey used to work
for him.

Jimmy Buckley wasn't
on Fallon's witness list.

All the others were,
but not him.

I'm due back for cross.
See what he has to say

JACK: You didn't think
anyone else would get hurt?

No.

And you didn't want to leave
your daughter fatherless?

I couldn't.

Commendable.

What about all the other fatherless
daughters and sons you created

through your reckless disregard
for other people's lives?

Objection.
If I'm allowed to object.

You are. Sustained.

If you really wanted
to kill yourself,

why didn't you use a gun,
Mr. Buckley? Or a knife?

Take sleeping pills, throw
yourself out of the window?

I wanted to be sure.

I didn't want to survive, and
become a burden on my family.

Then why didn't you
just walk onto the tracks,

throw yourself
in front of the train?

I don't know.

What was the real reason you
decided to derail that train?

I didn't want to derail the
train, I wanted to kill myself.

Wasn't it to get your
estranged wife's attention?

No, that wasn't the reason.

She's been here for you
every day, hasn't she?

Yes, she has.

You succeeded
in getting her attention...

And all that cost was 12 lives
and hundreds of injuries.

Objection!

JUDGE: Sustained.

Do you think you're
the victim here, Mr. Buckley?

No.

Were you hoping
to gain her sympathy?

No.

Are you hoping that she'll take
you back, even if you're in jail?

Your Honor, Mr. McCoy is busily painting
a picture that is entirely speculative.

Sustained.

JACK: Nothing further,
Your Honor.

JUDGE: Mr. Buckley,
you may step down.

Does the Defense wish to call any
other witnesses, Mr. Fallon?

Your Honor,
the Defense rests.

Mr. McCoy?

The People have a witness to call on
rebuttal, Your Honor. James Buckley.

JUDGE: All right, we will
recess until tomorrow morning.

(BANGS GAVEL)

Davey's prone
to melancholy.

Always has been.

I mean, he's sweet.

Funny. People like him.
When's he up.

When he's down,
when he's drinking...

He's dark as
dark could be.

He has a drinking problem?

Since he was
a kid, yeah.

JACK: He was sober at the
time of the train wreck.

JAMES: On and off the wagon,
his whole life.

Growing up,

did you and your family think of your
brother as being mentally unstable?

More like hard luck.

Davey's in trouble again. Davey's
got himself in another scrape.

Davey can't catch
a break, poor kid.

JACK: What kind of trouble?

Trouble in school,
trouble at work.

Couldn't pay attention,
couldn't hold a job.

You say he couldn't hold a job?
But he worked for you.

He had a wife,
a new baby.

I told him, "This is your last chance.
You have to promise me."

And he did.

How long
did he work for you?

Nine months, maybe.

He started drinking again.
On the job.

He was a hazard,

to himself and others.

So you fired him.

Had to.

He made me a promise,

I had to let him know
I was serious this time.

Did you give him
any further assistance?

I paid for rehab. Again.
30,000 a pop.

Did you ever encourage him to get any
other kind of counseling, beyond rehab?

Many times
over the years.

Told him I'd foot the bill
for that too, no matter what.

He always waved me off,
said he didn't need it.

Did you know that he'd gone to a
clinic, seeking help for depression?

No, I didn't know.

Why not?

Why wouldn't he want you
to know about that?

Ashamed, maybe.

That's how it is where
we come from, you know.

It's a shameful thing
to need help with...

You know, your emotions.

Your other brothers and sisters were
scheduled to testify for the Defense.

Yeah, well, they still
got a soft spot for him.

But not you.

I told Mr. Fallon
I couldn't...

I couldn't
stand up and swear.

Not in good conscience.

Did you think
I was crazy, Jimmy?

You heard me.
I thought you had troubles.

We all did.

Did I ever, uh...

Hear voices?

Hallucinate?

Not that I know, no.

Did I ever try
to commit suicide?

Again, not that I know.

Did I ever threaten
to kill myself?

Not until your marriage
went sour.

Exactly.

So,

when I made those threats,

I mean, didn't you think that was
a sign that something was wrong?

I didn't
take them seriously.

You didn't? Why not?

You're all talk, Davey.

You're a daydreamer.

Have been
your whole life.

So you didn't think
I would go through with it?

And you didn't, did you?

Did you wish that I had?

Ah, come on.

Did you?

No.

Iwouldn't.

Never.

Well, why not?

I mean, that would be it, right?
That would be the end of it.

No more.

No more Davey
to worry about.

You gave up on me, Jimmy.

That's right, I did.
You're right.

You knew I needed help.

When Maureen threw me out,
who did I call? I called you.

Yes, you did.

I called you first.
And what did I say?

You said you were
in desperate straits.

I needed help.

What did you say?

I said, "No, I'm done,
enough's enough."

Enough's enough.

I have my own family
to take care of.

I'm your family too, Jimmy!

No.

You're not.

Not anymore.

On the first count of the indictment,
murder in the second degree,

how do you find?

We find the defendant

guilty.

On the second count of the indictment,
murder in the second degree,

how do you find?

We find
the defendant guilty.

On the third count of the indictment,
murder in the second degree,

how do you find?

We find
the defendant guilty.

On the fourth count
of the indictment,

murder
in the second degree...

You could still recommend that Judge
Bradley sentence him concurrently.

Twelve life sentences
is what he deserves.

I don't disagree.

You agree?

He's criminally
responsible?

He did a terrible thing.

But in a way,
he was right.

It could have
been averted.

Billions for prisons,
no health care.

I don't make social policy.

No.

You just have to clean up
after those who do.