DNA evidence can prove innocence even when a defendant has confessed, but courts often deny DNA testing requests because the evidence is considered 'old' or 'not new.' In this case, DNA testing of a nightshirt buried with the victim revealed semen stains that did not match the defendant, yet the court initially refused to grant a new trial because the evidence was not 'new' and the original confession and eyewitness testimony remained uncontradicted. The defense attorney argued that the DNA evidence was 'new' because the nightshirt was never tested and was buried in accordance with an ancient Jewish custom, and that the system's fallibility—where innocent people are convicted—should be addressed by allowing DNA testing. The court ultimately granted a new trial, demonstrating that DNA evidence can be sufficient to overturn a conviction even when other evidence (like confessions) remains technically admissible.
[NEW] The Practice Season 2026 Full Episode | S02E15 | Line of Duty | Best Crime SeriesAñadido:
Previously on The Practice.
>> Can you tell me the crime your son's been convicted of?
>> He's on death row in Pennsylvania. He's to be executed in 5 weeks. He was convicted of raping and killing his girlfriend, Alyssa Karns, then killing her mother. Any DNA?
>> They didn't do full DNA analysis back then.
>> This is Eleanor Front.
>> Hello. She says you can do something.
Can you really? We're trying to get the DNA test in order to prove that he's innocent, but we can't get that test unless we prove that he's innocent first.
>> Right.
>> How the hell can that be?
>> But can you think of anybody else who may have wanted to harm your daughter or your wife?
>> They got the real killer, Mr. Beluty.
>> Your testimony was especially powerful.
You said that he confessed to you.
>> What do you want from me?
>> A statement saying that you lied, that he never confessed.
>> You can be sure it was Steuart Donovan you saw going to that house.
>> It was between 11:30 and 12. My husband was a drunk back then, he could have believed it was 11:30 when it may have been 9.
>> While we feel the jury in this case, given all this new information, quite likely would have returned with a verdict of not guilty, we are not persuaded that they could not have reasonably returned with a guilty just the same. The petitioner's request for a DNA test is therefore denied. We are adjourned.
You've got to be kidding. This is a matter of life and death.
>> I'm sorry. Without an appointment, there's really no >> I've been trying to make an appointment.
You offered me one of two days in July.
By that time, Steuart Donovan will be dead.
>> Miss Fred, the governor did consider your request. And as far >> I don't mean to be rude, but I don't believe he did because from everything I've read about him, he's not only intelligent, but he's extremely fair-minded. And there is no way he would have denied this reprieve had he considered the facts of this he did.
>> I'd like to hear from him. Miss Mathers, I am asking for 30 seconds of his time.
And after that, you can have me escorted out.
>> How would this administration run, Miss Fred, if we were to give 30 seconds to every attorney who marched in here looking to stay in execution?
>> Actually, I think it would run just fine. This is the second execution in four years. 1 minute in four years isn't likely to cripple his administration.
I'm afraid I'll have to ask you to leave.
>> Could you give him this note?
>> I'm afraid I can't. I'm sorry.
>> Could you pass on a gesture?
>> Your 30 seconds with me are up.
>> Since 1985, nationwide, there have been at least 10 botched executions by lethal injection.
>> Mr. Beruti, what is the basis of this petition? that to subject my client to lethal injection would amount to cruel and unusual punishment given the likelihood that >> council for us to order that DNA test, you have to show that a reasonable jury couldn't have found your client guilty.
We went through all that last week. We turned you down. What's changed in the last nine days?
>> Well, your honor, I thought perhaps the court turned us down mainly on the constitutional grounds. That's why we've come back today with stronger constitutional grounds. That being the eighth amendment, cruel and unusual punishment.
>> The petition is denied and defense council is fined $1,000. We're adjourned.
>> Wait a second. We're trying to save an innocent man from being put to death.
And you're finding me now? $1,000?
>> I am, sir. You're here with nothing new.
Taking up the time of a district attorney, three federal judges, not to mention all the court employees. And the fine is going up to 1500 if you say another word.
>> Suppose the tubes close like they have in the past. I'm not entitled to be concerned about that.
>> The court will allow council to inspect the executioner's equipment.
The fine is now 1,500.
Okay, great. Thank you.
Okay, Lucy. Joel Bulock, prison informant. Supposedly Earl Taylor's mentor, taught him everything he knows.
I'd like you to go and see if you could find out how Earl learned the details of the crime.
>> You want me to meet with him?
>> Evidently, he has a thing for young girls.
>> Forget it.
>> You will be separated by a partition.
You just have to go and talk to him. Do I have to?
>> No, but you might be our best shot.
>> The clothes.
>> Excuse me.
>> Alyssa Karns was raped and killed while wearing a night shirt.
>> So >> So there's nothing in here about it ever being tested. All the seammen samples came from the rape kit swab.
>> So what?
>> Well, the rape kit was introduced at trial. That's why they're saying it's not new evidence. The night shirt that was never introduced. We can make the argument that would be new evidence. It was never tested. Maybe there's something on it.
>> Where would the night shirt be?
>> She probably went to the coroner with it.
We sent it to the mortuary.
>> The night shirt?
>> That's what it says.
The father of the victim requested that we send it along with the body to the mortuary.
>> Why the hell would he request that?
>> Currents.
He must be Jewish.
>> What?
>> It's an ancient Jewish custom. Let the victim of a violent crime be buried in the clothes they died in. It's thought to arouse compassion in God and hasten the end of the exile.
>> Really?
>> She was buried in the night shirt. It's in the coffin.
What are you?
>> 15.
>> If you could help me, sir. Stuart Donovan is scheduled for execution the day after tomorrow.
>> Show me a little something before we get started.
>> Excuse me.
>> You know, flashy flashy something trashy.
I am not going to flash you. I'm I'm told that you know how Earl Taylor got the details on Steuart Donovan's case.
>> Show me one little titty, >> Mr. Bulock.
>> One little titty will speak volumes. You give, I give, little miss. That's the way justice works.
You say somebody's life's at stake.
>> You tell me what you know and I'll decide how much I show you.
>> Booty up front. That's the way it works.
>> Goodbye, Mr. Bullet.
>> Wait, wait. No, no, wait, wait.
Okay.
He got the facts about the murder by calling the coroner's office, pretending to be a police officer. It ain't hard.
Most are stupid. He calls the inmate reception center to get the skinny on the per pretending to be a bail bondsman. Next, he calls the DA's record room, posing as an assistant district attorney.
It's all you need to find out anything about any crime.
>> You can get all this on the phone from prison.
>> 15 minutes. I seen Earl do it in less.
All right, little lady.
It is showtime.
That's it. Stomach.
>> By Joel.
>> What? I give you everything and you give me stomach. Oh man.
>> You want to what?
>> A court order allowing us to exume the body of Alyssa Karns. Your honor denied our request to have the rape kit tested because it was old evidence. The night shirt in the casket is new evidence.
>> How is it new evidence? It was no secret Alysa Karns was wearing a night shirt on the night of the crime. With due diligence, Mr. Donovan's lawyers could have tracked it down years ago.
>> It was not foreseeable that the victim would be buried in the night church he died in in accordance with an ancient Jewish custom. And with the existence of the rape kit, there was never a need to go looking for it. I would submit that we have a right to postconviction discovery >> under exceptional circumstances.
>> Stuart Donovan is about to be put to death. If that's not exceptional circumstances, >> you don't know there's DNA on that night shirt.
>> If there's not, what are you afraid of?
You still get to execute him and you don't have to cancel your party plans.
>> I direct the court to Commonwealth versus Klin. The Court of Appeals denied defendants's motion for exumation because the existence of the evidence sought was speculative and uncertain.
>> Klin involved looking for trace gunpowder residue. That's nowhere near the scientific certainty of DNA.
>> Your honor, this crosses a line. They're looking to desecrate a grave and victimize Miss Karns yet one more time.
>> I object to that. I'd also like to point out that the prosecution of Stuart Donovan has now cost the taxpayers over $1 million. They had a trial. They had an appeal. They have since gone on to the state supreme court, the federal circuit court. They've come back to you twice. They've gone to the United States Supreme Court. For every one of these Hail Marys, the District Attorney's Office must file briefs. We must show up. We're now going on 13 years. We're over a million dollars. Now, they come in looking to dig up the victim. Where in God's name does it stop? with one simple DNA test.
>> All right.
The night shirt may very well be new evidence, but there's no offer before me that it even contains any DNA evidence, much less exculpatory >> because nobody looked.
>> Even so, under Kibblein, I can't reopen on speculation. And that's all you're barking with. Your motion is denied.
We're still trying.
Lucy got some information on Earl Taylor, how he gets his information.
And we're going to go to Mr. Karns tomorrow. He can authorize us to dig up the body.
>> Why would any father agree to let his daughter get dug up?
It's over.
Not yet.
>> Where's my mother off crying now?
>> She's at home.
I never believed it would happen.
Even when I got sentenced, I figured, you know, it's a mistake. It'll get cleared up.
But we're there.
The day is here.
Jimmy and Eugene are going to go look at the equipment.
It's only been used once in the past 4 years. So maybe if they could find Why don't we just go and dig up the body ourselves?
>> We can't do that.
>> Why? Cuz it's a crime. I'll serve the time. If I get DNA that'll clear my son.
>> We can't do that. Mary, listen. It's probably not a bad idea for you to go with Jimmy to see the father.
A mother's agony.
Does he know you're coming?
>> He doesn't know when I'm coming to ask him.
>> And Eugene, I guess you should check the execution equipment. Who knows?
You okay?
I'm fine.
I'm fine.
How did you expect me to respond, Mr. Beluty?
Terrible.
According to the mortician, the night shirt was folded and put in the casket.
We wouldn't have to touch the remains of your daughter.
I can't believe I'm sitting in my own living room listening.
>> Mr. Currins, you and I have never spoken.
We both lost our children.
>> Mrs. Donovan, you and I have nothing in common.
>> If there's DNA that matches up with my son, I will drop any further appeal. You're asking me to dig up my own daughter's grave?
>> Mr. Karns, I would think a father would want to know for sure.
>> Oh, you would think that, would you, Mr. Beloud?
>> You won't get closure unless you're sure.
You put that night shirt in the casket asking for God's compassion.
The compassion we're asking for is yours.
>> Please, I'm begging you.
What would you do?
Just open the lid, take the night shirt, and put her right back in the ground.
This way.
All set.
>> Ready.
>> Commence with the execution.
On the count of three. 1 2 3.
done.
Okay, let's start from the top. This time we'll do it as if the condemned was struggling.
Frutt FR UT Stuart Donovan stay of execution.
Yes.
Yes, I understand that you'll get back to me, but I just want it brought to Justice Sudter's attention that the execution date is tomorrow.
Yes.
Thank you. Thank you very much.
Supreme Court justices aren't even made aware of these requests. Their their law clerks just stamp denied and then they go out and play basketball.
>> Hello One second, please.
It's the doctor from the lab.
Dr. Dunham. Eleanor Fu.
Are you sure? Okay. Thank you. Let me discuss it here and I will call you back.
Thank you.
Well, >> there was DNA on the night shirt. Two semen stains.
It did not match Stuart's.
>> Thank you, God. Thank you, God.
and we can document chain of custody.
Dr. Dunham is a DNA specialist that your office uses, so you're certainly aware of his credentials.
>> Wow.
>> I'm hoping we can now offer a joint recommendation asking for Stuart Donovan's release.
>> Well, I'm not sure I can do that.
>> Well, you now have conclusive proof he didn't do it.
>> Did Dr. Dunham put this into the national datab bank.
>> He did. There's been no ID.
>> Look, I'm not going to pretend I'm not shocked here. Obviously, this comes as quite a surprise.
But it doesn't clear Steuart Donovan. It only means somebody else could have been there with him that night.
>> What?
>> Stuart Donovan was seen going into that house >> at 9:00. No, the witness said between 11:30 and 12.
>> The witness was a drunk who saw Johnny Carson on TV and thought it was between 11:30 and 12.
>> Mr. Young, we didn't convict with seaman stains on a night shirt. We convicted with eyewitness testimony. We convicted with his confession.
>> The confession was a lie.
>> Do say so, but I don't have any evidence of that.
>> I don't believe I'm hearing this. You still plan to execute? This new evidence only goes to show somebody else could have been there in addition to your client or it could have been an old stain from the day before, the week before. It doesn't disprove the evidence against Stuart Donovan.
>> How could they not let him go now? I don't understand.
>> Come on. Back to court.
>> Federal Common, please.
>> Judge Wood. If we went to federal, they'd kick us back to state court on this.
>> Plus, they definitely don't want to see me again.
>> Judge Wood, >> he's all we got.
>> Lucy, let's go.
>> We can't go to federal.
>> Jimmy, see if there's a state court law THAT WE >> JUDGE WOOD, >> YOU SHUT UP.
I'm sorry.
It's just I'm so sorry, >> Lucy. We need an affidavit on what Joel Bulock told you. Jimmy, get a declaration from Dr. Dunham, plus the test results.
>> Done.
>> And keep calling the Supreme Court.
Arrest them.
You want me to argue?
>> No, I'll do it.
Mary, it's okay.
>> Conspiracy.
Now they think it's a conspiracy.
We're going into court again in the morning.
Why are they doing this?
>> Because they're desperate to believe they've got the right guy. Look, we've arranged to have you transferred to the court. Your presence there could count for something.
>> Have we heard from the Supreme Court?
>> They don't seem to be returning our calls this week.
>> Where's Elanor?
>> She's working on her statement for tomorrow's hearing.
>> We're not giving up, honey. Listen, if we lose, they'll be taking you directly from court to the the place.
The place you mean the place where they put me to death.
If you got people to say goodbye to here, you'll have to do that in the morning.
>> Whose seaman was it?
>> We don't know. I don't think it proves anything, Michael. There could have been co-conspirators. And they're going back into court again >> before Judge Wood. These lawyers, they don't quit. They dug up the rape kit on their own. They They're very good. Michael, >> how the hell did they get the father to agree to an exumation?
>> I'm telling you, they don't quit.
>> I'll argue.
>> Really?
>> This is the killer, right?
>> I know it is.
>> I'll argue. We're not losing him on the day of execution.
>> Hey.
Hey.
>> How's it going?
>> Okay. I've just got so much here. It's just I'm not sure how to organize it all, you know, or even if I should argue everything. That Judge Wood. He He looks like I just don't know how long he's going to pay attention.
When he first went to prison, he kept banging his head up against the bars for 38 hours. He kept banging.
He said that he wouldn't stop until somebody heard the truth. And then they put him on antiscychotic medication for three years.
three years.
>> Eleanor, you can't take this thing too personally.
You won't be any good to him if you let your emotions take over tomorrow.
>> Maybe you should do it, Eugene.
>> I'm not as ready as you are.
>> I'm having a hard time keeping it all sorted. my anger. What happened to him?
What truth is relevant to this type of hearing? What's not?
I can tell you one thing.
I am never going to do another death penalty case.
I can't handle it.
I just can't All right.
seated.
>> All right, Miss Frat, here we are again.
The floor is yours.
May I please the court?
We now have conclusive DNA evidence establishing it was somebody else, not Stuart Donovan, who raped Alyssa Karns on that night. You have the reports in front of you. You also have the affidavit of Joel Bulock outlining exactly how Earl Taylor learned the details of the crime. Which details allowed Earl Taylor to go to the district attorney with the falsified confession, a confession he used to get his own prison sentence reduced. You also have an affidavit from his ex-wife stating that Mr. Breler was habitually drunk and passed out by 9:00 every night. Mr. Breastler claims it was between 11:30 and 12 when he saw my client enter the victim's house and he is basing that on the fact that Johnny Carson was on the television. We have also shown by affidavit that Johnny Carson was in fact on during prime time the night of the murders 900 p.m. to 11 p.m. in an anniversary special.
My client was convicted on three pieces of evidence, your honor.
A confession fabricated by a jailhouse snitch, the eyewitness testimony of an alcoholic who was confused as to what time it really was, and a blood type match which has now been conclusively disproven with DNA testing.
As a matter of law, as a matter of simple justice, Stuart Donovan's conviction must be set aside and he must be released immediately.
Mr. Stanfield, we will not deny to this court. We were shocked by this DNA evidence. We then tested the rape kit and learned just 10 seconds ago it too did not match Steuart Donovan.
My first reaction yesterday to the DNA discovery was that Stuart Donovan should in fact be set free.
But when we stop to think about it, nothing has changed so dramatically that it would alter the verdict. As Ms. Frutt correctly states, Stuart Donovan was convicted on three pieces of evidence.
First, the confession. That confession still stands. It was introduced into evidence at trial and challenged at trial. Defense isn't free to continue challenging it after the verdict without new evidence. And they don't have any.
They can argue all they want that it was fabricated. That argument was made at trial and rejected by the jury. Second, the eyewitness testimony. Again, the defense argued at trial that Mr. Breastler must have been mistaken, but there was nothing else to controvert that eyewitness testimony, just as there was nothing else to controvert it today.
Third, the blood match. If you look at the court transcripts, this was never a big part of the prosecution's case. If you review the closing arguments, you'll see we hammered two points, the confession and the eyewitness testimony.
Now, we can all say I wouldn't have agreed with the jury on those points.
But that is not the standard for review.
The question you have to ask is whether this new evidence is of such character that a different verdict will likely result.
The answer to that is no.
Because there is nothing to disprove either the confession or that testimony.
Not then, not now.
>> All right. I'll grant you that, Mr. Stanfield.
>> The court has no basis to throw out the confession or the eyewitness testimony.
But this new DNA evidence, doesn't that tell us somebody else did it?
>> No, your honor. It tells us that somebody else could have been there, somebody else made love to her. We have no timeline on that. Could have been earlier. But that doesn't change the fundamentals of our case. And let's remember this. Mr. Donovan didn't confess to Mr. Taylor that he raped anybody or that he made love to the victim before killing her. He confessed only to murdering the two women. Hence, this new evidence does nothing to undermine the veracity of that confession.
>> Do you still think he did it?
>> My personal beliefs aren't relevant.
>> They're relevant to me. Do you think this is the man who killed those women?
>> I do, your honor. He had a heated fight with Alyssa Karns just the day before.
He refused to accept the end of the relationship. There's no sign of a forced entry. So, the idea of a home invasion, no fingerprints but his, no motive for anybody else. Look, he confessed to the crime. You don't free a man just because it turns out that somebody else may have been there at the time.
>> But you have to admit it does change things if somebody else was there.
>> Not enough to upset a verdict. Recently, the Texas Court of Appeals was faced with this exact situation. The DNA turned out not to match the defendant.
The court refused to grant a new trial, ruling that the DNA results did not preclude the presence of a co-conspirator. That was the case there.
It's what we have here.
You have precedent.
You have the verdict of a jury.
This court should honor both.
You can't rest.
He was good.
>> One more minute, your honor.
>> Go ahead.
Five weeks ago when I took this case, I almost immediately started getting emotional about it and I couldn't figure out why. I don't know, Steuart Donovan.
I realize now that what got to me is the reality that people don't get fair trials in this country. They often don't. Miss Fru, I was the judge on your client's trial, >> and I don't doubt that you did everything right, your honor. But Stuart Donovan had a public defender who had just finished another capital case 48 hours before his trial began. And that public defender wasn't ready for this one. He didn't discover a lot of the things he could have. defense lawyers, especially public defenders, especially those taking court appointments, we just don't have enough time. We just don't have the resources. And it's it's understandable.
Things are bound to fall through the cracks. How could they not?
But I have a man facing death here.
Technically, from an evidentary standpoint, Mr. Stanfield is right. The confession still stands.
Technically, from an evidentary standpoint, the eyewitness testimony is valid. The time to impeach it would have been a trial. That never happened.
Technically, the prosecution's two big pieces of evidence still hold up.
Technically, in reality, a man is going to be executed for a crime he didn't commit.
And as I have been pounding my head up against walls, I have been continually hearing, "Miss Flat, there is a system, a system of evidence and appeals, and the system doesn't always work. Your honor, in the last 10 years alone, over 44 people have been released from death row for crimes they didn't commit. The system uses jailhouse snitches who fabricate confessions. The system has police lying. The system is very, very fallible.
And maybe it is understandable given the enormous volume of criminal cases today.
Mistakes happen, lies happen. It is a byproduct of the system that I can almost comprehend.
But what I can't fathom, is when we have the ability to find out the truth through DNA evidence, we don't. In 48 states, this being one of them, prisoners do not have the right to a simple DNA test that could prove their innocence. You wouldn't let us have one, judge. We had to go to the father of the victim. Miraculously, he let us dig up his daughter. And after we did that, did the tests on our own, we pretty much proved Stuart Donovan's innocence. And still, it hasn't ended.
Mr. Stanfield now gets up, changes the prosecution's theory, and refocuses the court's attention on eyewitness testimony and a jailhouse informant, which everyone in this room regards as suspect. As technically admissible as it may be on evidentary grounds, none of us in this room fully believe that snitch. None of us fully trust that eyewitness account and a man is going to die.
Is our system about getting convictions?
Is that it?
My co-consel Eugene Young told me not to take this case personally.
How can I not?
How can't we all?
A man, an innocent man is going to die as human beings, as officers of this court, as players in this system.
How do we not take that personally?
I hear Ms. Frret's frustration, her emotion.
I'd like the court to consider it from our side and from the victim's families.
You find the person who commits the murder. You put that person on trial.
You secure a conviction.
That's not easy these days. But even when you're lucky enough to get that far, the defense attorneys keep coming back over and over and over again raising constitutional claims, saying that the previous attorneys weren't good enough.
12 years they've been coming back on this one. 12 years this father, this husband has been waiting for this to be over. And this on a case where the defendant confessed.
This on a case where we have eyewitness testimony. Most times the defense attorneys are in here trying to free their clients on technical grounds, exalting the system above all else. But here where the system has been adhered to where the evidence is all sound technically there in here we have his confession on record.
The jury believed that confession.
Why don't we just let everybody go?
I am persuaded by defense council's arguments.
that before we put a man to death, we should be sure of the person's guilt and not simply limit our inquiry as to whether the trial was technically sound from an evidentiary standpoint.
That seems so obvious.
But Mr. Stanfield's contention is also a valid one. We could keep re-evaluating evidence and nauseium forever.
The point of a trial is to reach a final verdict on the facts. And though it would be nice to reconsider the confession, take a second and third look at the testimony, if we did that for one, we'd have to do it for all. And if we did it for all, surely the court dockets would clog beyond repair and there would be no justice for anybody.
Miss Fruttz, it was the confession and the eyewitness testimony that convicted your clients. Both of these elements were vigorously challenged at trial. And though you'd clearly like to keep on renewing the challenge, under the law, you don't get to. Not with what you brought me.
But Mr. Stanfield, had you had this DNA evidence, clearly you would have investigated the possibility of another suspect.
You didn't.
I am an old man. I look at each cigarette as possibly my last.
My last breath won't be spent executing a man I now think is probably innocent.
The conviction is set aside. Mr. Dunan, you are free with the apologies of this court. Ajourned.
>> How about that?
>> Thank you, baby.
baby.
So awesome.
They turned turned it down.
>> So now what?
>> We either try it or we up the offer. I think we could make it go away for 175.
>> 175 and break me.
>> I got no coverage for this, Jimmy.
>> I know.
>> If we go to trial, >> jury's already sworn in. It would be 2 or 3 days. It's only going to cost you my time.
>> Don't mean the cost of the trial. I'm asking, would we win?
I don't know, Peter.
Legally, what you did was an invasion of privacy.
>> He has a deadly disease.
>> And we'll certainly argue that. I'm just telling you, I'm not sure we'll win.
Let's go to trial.
I ain't taking murder, too. Why should I take that? That's life. Murder, too. Why should I take that? That's life.
I'm not necessarily recommending it, Alex. I'm just making you aware of the state's offer. Plus, with murder two, there is some possibility of parole.
Murder one, >> they'll kill me in prison. I know what happens to people like me. They'll kill me. I know what happens. You have to beat this, Mr. Young.
>> Well, I don't think I will. The woman you killed, >> I didn't.
>> Allegedly killed. She was the daughter of a college chancellor. It's got a lot of publicity. And they don't assign Helen Gambler cases for her charm.
>> You have to take care of this. I didn't do it. You have to make them see that I didn't do it.
>> Even so, you have to realize how it looks. The police discovered you having sex with her.
>> But she was already dead. How many times do I have to say it?
>> So, you just found a dead woman in a dumpster and decided to have sex with her.
>> Yes. And you have to make them see that.
I ain't going down for murder, too.
All right. Look, uh, we're going to have some clothes sent over for you to wear at trial.
>> We're going to need you to take a shower.
>> Why?
>> Because you stink, Mr. Dixon. You weak.
>> You think I'm some kind of animal?
That's what you think.
I'm a human being, Mr. A human being.
>> Why not go insanity? I don't think he is insane. Plus, he insists he didn't kill her. I assume Helen's got her fangs out.
>> Oh, you have no idea.
>> Can I ask does Lindsay really need to be on this?
>> Is that a strategic question or more?
You don't want her sitting next to the guy?
>> Probably the latter, I admit.
>> I'm okay.
>> It's a court appointment. We have to give him a defense, but we certainly don't have to provide two attorneys.
>> I think having a woman at the table helps.
>> A radio station gave out our number.
Some DJ is telling his listeners to call us and tell us we're scum.
>> Oh, great. We already knew that.
>> I'm going to shut down the phones for the morning. So, let's everybody take their cellulars.
>> Jimmy, how you doing?
>> We upped the offer to 125. He turned us down. Trial starts today.
>> I'd go higher.
>> Don't start.
>> He revealed the guy's medical condition.
>> He didn't fire the guy. He quit >> after our client sent out a memo telling the whole world.
>> The guy has AIDS, Rebecca. His co-workers.
>> He also has a right to privacy >> and they have a right to be sent.
>> All right, enough of the arguing.
>> 125 is a line in the sand. We start trial today. And PS, I've known Peter Hines since high school. He's not a bigot.
>> All right, you need a second chair.
>> Thanks. I'll pass on the chairs here.
>> Your personalizing >> cellulars scum today, guys.
>> How did Mr. Hines even find out you had AIDS?
>> We're required to take physicals for our insurance. He owns the company. Somehow found out when I was first diagnosed 3 years ago. But he didn't tell the other employees at Stro until last year.
>> Yes. He suddenly decided to circulate an inner office memo to all employees which total about 90.
>> Did he give you an explanation as to why he did this?
>> Yeah. Concern for their health.
>> And what happened, Mr. Mayfield, after this memo was circulated?
>> I began to be treated differently. Some people acted like I had the plague.
Others they were overtly hostile. I mean, I was no longer welcome to play on our basketball team. We have an inner office accountant league and uh I was invited to stay home by our team captain.
>> So basically you began to be discriminated against.
>> Yes. I wasn't totally ostracized though.
There are some people in the firm with whom I've remained friends. There's even some people who assault me with their sympathy. They offer me the names of various support groups. Um I think they're the worst. I mean, there is nothing more oppressive than a well-meaning sympathizer on the loose.
>> Mr. Mayfield, how was it no longer tolerable to work there?
>> Well, I went from being an accountant in good standing, you know, one who enjoyed a camaraderie with my co-workers to being the one with AIDS, the sick one.
>> But you are the sick one, aren't you, Mr. Mayfield? I don't prefer to see myself that way.
>> I understand that, sir. And that's your right. But you have a fatal disease, don't you?
>> Yes. And this disease is infectious, isn't it?
>> It doesn't spread by inner office.
>> The disease is infectious, is it not, Mr. Mayfield?
>> Through sexual intercourse and needle use, but not casual office contact.
>> Well, the spread is not limited to sex and needle use. That isn't true, is it, Mr. Mayfield?
>> Those are the most common ways it is spread. It could be spread from kissing if they were openmouth sores.
>> I wasn't going around kissing >> or if people had cuts on their hands.
>> I never went to work with cuts on my hands. I >> But what if you accidentally did cut yourself? What if you took an elbow playing basketball, got a nose bleed?
>> The risks that you're talking about are so minimal.
>> But does that mean it's your right to assume them on behalf of everybody else?
A fatal disease which is infectious.
Shouldn't it be a person's right to choose whether he plays in a sport of physical contact with you?
If I had a cut on my hand, I'd probably like to know which of my colleagues at work have AIDS. Does that make me crazy?
>> The problem, Mr. Beruti, is that there are prejudices and bigotries that go beyond health issues when it comes to people with AIDS.
>> My client didn't fire you, did he?
>> Well, he may as well have.
>> But he didn't.
No.
>> Her name was Hillilary Brennan. She was a secondyear copywriter at Rogers and Cole. She worked downtown and would like to walk home after work to her townhouse in the South End. Her friends describe her in many wonderful ways, but generous and charitable are two words that had become almost synonymous with her name.
She would never pass a homeless person without offering something. That was said by her roommate.
Well, she should have passed this one.
Ladies and gentlemen, the evidence will show that Alex Dixon raped and strangled Hillary Brennan.
Strangled her to death.
The evidence will show that this man continued to rape her after she was dead.
He was still on top of her lifeless body, raping the corpse when officer Mark Frierson discovered him.
This is this is the ugly part of criminal law.
We deal with crimes that fortunately at least this one is simple.
I won't have to take up too much of your time with the ugliness.
The ugly part of criminal law is when you convict the wrong person.
Alex Dixon had sex with Hillary Brennan's lifeless body, but he didn't kill her. You're certainly entitled to be disgusted by this man, but you can't convict him of murder unless the evidence supports that finding. And it won't because somebody else killed Hillary Brennan. It wasn't Alex Dixon.
>> How long after you got the call did you find him?
>> About an hour, maybe a little less.
There's a back alley behind Washington.
It isn't lit. I decided to go and check it.
>> And what did you find?
>> I heard some activity over behind a large dumpster.
I headed that way. Shine my light. There he was >> there. Who was >> him? The defendant.
>> Could you see what he was doing?
>> He was engaged in sexual intercourse with a nude female body.
I ordered him to get off the woman and lie on the ground face down at which point I handcuffed him. I then went to check on the woman. She was dead.
>> Did you check to see whether the body was warm or cold?
>> It was still warm.
>> She was dead when you got there, >> I believe. So, >> did you see my client kill her?
>> No, I did not. But she hadn't been dead for very long. Excuse me. Did you see my client kill her?
>> No.
>> Any thumb or fingerprints or bruise indentations that matched up with my client?
>> No.
>> You also noted the woman smelled of garbage?
>> Yes.
>> Any idea how she got that smell?
>> She was probably in the dumpster.
>> Thank you, officer.
I think she was hiding in the dumpster to get away from him.
>> Why don't you argue that then?
>> I can't prove it.
>> Steak is so tough. Have you guys set a date yet?
>> June 17th. The invitation's got next week.
>> Okay. And then how soon after before we have a little Bobby?
>> You'll be the first to know, Helen?
>> Of course I will.
>> Let me ask you guys something.
>> A wedding? A baby?
>> She's already got me pregnant.
Well, how do you take these cases and then go home?
>> The judge assigned it. Help.
>> I know, but you could always >> What's the point?
>> I didn't mean anything, Eugene. I was just asking.
>> I'm sick of people asking that question.
It's a stupid question. We get it everywhere we go. You think about that?
I don't expect to be getting it from a DA, >> Eugene. Especially when we're supposed to be having a nice dinner as friends.
>> Okay.
Sorry.
Excuse me.
This eyewitness is pretty much their whole case. So if there's a liar, >> Billy Pig's never told the truth his whole life about nothing. If I hadn't have found that girl first, he would have been right there taking his poke.
You could quote me on that.
>> I don't believe I will.
>> Alex, we need facts to trip up Mr. Bicks.
>> He's a liar. That's a fact. Can you give us specific incidents of his lying >> right here? He's lying about this. I was never with that girl alive. He's lying about this.
>> Okay.
>> We'll see you in the courtroom.
>> Yes, he is right there lying about this, taking this poke. That's where you have found justifying jealousy. That's what he's doing.
>> We could go with that. You cheating? The eyewitness is motivated by jealousy because he didn't get to take his poke with the corpse.
>> This is all funny to you?
>> No, no. I'm I'm just trying to remember certain words of advice I got from a senior associate when I started practicing. In some cases, sense of humor is the only thing that'll get you through.
>> Well, here's another piece of advice.
Sooner or later, you're going to lose your sense of humor.
>> What am I missing? Eugene, you've made a career out of defending dirt bags. What's changed?
>> Maybe I'm getting sick of it.
>> Sharon and I split again.
>> I'm sorry. When?
>> 3 days ago. Kendall asked me the same question Helen did last night and I couldn't answer it. Then she asked me later. We got into this big fight and here I am.
>> Look, I could handle this case alone.
Maybe that >> I'm going to win, Lindsay.
Make no mistake about that.
You better get in.
I was at the corner of Washington and Boilston. It was about 8:30 or so >> at night.
>> Yes. That's when I saw him.
>> Him being the defendant.
>> That's correct. And he was with the woman.
>> What woman, sir?
>> Hillary Brennan. I identified her from the photographs. Could you tell what they were doing?
>> Talking. Uh, I assume Alex was asking her for money.
>> Were they arguing or >> No, no, no. As a matter of fact, she was smiling.
>> Do you know the defendant?
>> Uh, yes. I met him on the street many times.
>> And you're definitely sure it was him?
This man talking to Hillary Brennan that night?
>> I'm positive.
>> And you're sure it was around 8:30?
>> Yes, I am.
>> Thank you.
What were you doing on the streets at 8:30, Mr. Bixs?
>> I was soliciting clients.
>> Soliciting clients? You were panhandling?
>> That's what some people call it.
>> You pretty much live on the streets.
>> I do.
>> Did the prosecution buy you those nice clothes?
>> Objection.
>> When a witness testifies, he puts his demeanor into evidence. This witness has had part of his demeanor paid for by the prosecution.
>> And exactly where did the defendant's outfit come from? from a charity who helps innocent people wrongly charged with crime.
>> Objection.
>> All right, that's enough. We will have no more discussion as to wardrobe. The jury will not give any weight to the clothes.
>> You were arrested the night of the murder, weren't you, Mr. Bicks?
>> Yes, but much later.
>> Drunk and disorderly conduct.
>> I was sober when I saw your client.
>> How many times have you been arrested for drunk and disorderly conduct, sir?
>> Objection.
>> Overruled.
>> More than five.
>> Maybe >> more than 10.
>> I don't know. In fact, this was your 11th time. And after the last one, you were told the next one meant jail time.
Isn't that right, Mr. Bicks?
>> Yes.
>> Are you going to be serving time for your 11th arrest?
>> I don't think so.
>> Because you had something to offer, didn't you, Mr. Bixs? You decided to hand over Mr. Dixon in exchange for serving no time. Is that why you made this story up?
>> Objection.
>> Overruled.
>> Did you make up this story, Mr. Bicks?
>> No. They needed to place my client with the victim alive. And you decided to offer your services, didn't you?
>> I'm not lying. I saw him with that law.
>> But you did make a deal in exchange for this testimony, didn't you, Mr. Bicks?
>> Yes.
>> Yes. And you say you were sober when you saw my client with Miss Brennan. Was that your testimony?
>> Yes.
>> Well, according to three different witnesses, you were seen drinking as early as 4:00 that afternoon.
>> But I wasn't drunk.
>> You're an alcoholic, aren't you, Mr. Bicks? Well, I like to drink. Yeah. But whether that makes me an alcoholic.
>> You were seen drinking at 4:00 that day.
You were still drinking at 11:30 when you got arrested.
>> I was sober when I saw him with her.
>> Have you had a drink today, Mr. Bicks?
>> I'm sorry.
>> Have you had a drink today?
>> I've had one.
>> You had one? Let the record reflect.
It's 10:15 in the morning.
Nothing further.
>> You'd known he'd had AIDS for 3 years.
>> Yes. And I kept the secret.
>> Well, what changed?
I saw on the news those two guys stopped to help this guy in a car accident. He wasn't breathing.
They both did mouthtomouth.
Turned out that the accident victim had AIDS. And now these two Samaritans are at risk. They have to go for AIDS tests for the next few years. So I thought, what if something like that happens here? Suppose Wayne has a heart attack or he blacks out. Well, it it certainly is possible given his immune system and then suppose somebody at work goes to resuscitate him. I mean, wouldn't I be a little bit liable? I mean, I know he has AIDS. I don't tell you know the people who work for me.
>> So, you felt it was your legal responsibility >> and my moral one to be honest.
I put my trust in these people and I ask these people to trust me.
How can I sit on information that could possibly threaten their lives?
Did any doctor advise you that Mr. Mayfield might be a health risk to anybody else?
>> No.
>> Did any medical professional advise you to reveal my client's condition?
>> No. But probably because doctors are more afraid of being sued than anybody.
>> Did you consider the possibility that Mr. Mayfield may be stigmatized by your memo?
>> That he might suffer from discrimination as a result of this disclosure.
>> Yes, but I weighed that risk against the potentially fatal one facing the others and I made my decision.
I'd also like to say I feel that the company supported Wayne. He resents sympathy as he stated in his testimony and a lot of the discrimination he says he was subjected to. The bulk of it he only perceived.
The employees at Stra like him. And following my disclosure, nobody came to me asking that he be let go. And I think that needs to be said.
And you said it perfectly.
>> How's it going?
>> He totally stoned them. They're now willing to take 125.
>> Really?
>> We rejected it. You should have seen him.
>> Is the jury still out?
>> No. We go back in at 5 for closing arguments, which I got to get to work on. Come on, Peter. How about when I said it was a moral thing? Did you see his face when I said that? Did I see it?
I could hear it when it hit the floor.
>> They were so cocky. But that's the way they are, Jimmy. I'm telling you. They get all this special treatment. You know, don't they get all these special laws passed? They got the whole country screaming, "Let them get married." I mean, it's like they're some privileged class or something. Favorite nation fags. It's out of control. And they think they're smarter than everybody, too. That's why they thought they'd win this.
I tell you, my mother was gay. Peter, >> what?
Well, funny.
>> No, it's true.
Maybe I didn't mention it cuz I didn't think it was such a big deal that it would matter to my friends.
>> Oh, hey, Jimmy.
To reach his own now. Come on. You know me. Look, I got no problem with people living the way they want. It's just you know >> the special treatment.
>> Yes.
Well, I better work on my closing.
You know what you're going to say?
>> I have an idea.
The body cools down about 1 degree per hour in 65° weather, which it was that evening. We recorded a base temperature of 95.5. That was just after midnight.
Computing the 1°ree per hour, we calculated the time of death to be between 9 and 10:00. But since the officer found her dead at 9:30, we determined the TOD to be between 9 and 9:30.
>> Were you able to determine the cause of death, Dr. Fine?
>> Asphyxiation caused by strangulation between 9 and 9:30. So, Miss Brennan could have been killed at 1 minute past 9. Possible. Possible. So, my client's contention that he found the body already dead at around 9:15, then proceeded to make love to it after she was dead. That's possible, isn't it?
>> It's possible, but it's >> Well, in fact, scientifically, you can't rule out that possibility at all.
>> No, I can't rule it out.
>> In fact, a body temperature will spike if a person was struggling prior to death, wouldn't it? She could have been at 100 when she died. Isn't that possible?
>> Yes. So, she might have been killed as early as uh 7 7:30.
>> Well, a witness saw her alive at 8:30.
>> So, you're basing your findings in part on the reliability of the witness, Billy Bicks.
>> Yes, I am.
>> Thank you, Dr. Pine.
>> The witness may step down.
Miss Gamble, >> the prosecution rest, your honor.
>> Mr. You're on.
>> The defense rests, your honor.
>> How do you mean I don't testify?
>> I mean, you don't testify.
>> What's with that? If I don't tell my side, >> what's with that? If we put you on the stand, all your other felonies come in, including the time you flash kids at an elementary school.
>> That doesn't make me a killer.
>> It makes you a piece of crap, which we don't need the jury to hear.
>> They already think that I slept.
>> If you take the stand, they'll know it.
>> I don't like this. What's going on?
>> You have to trust us on this, Mr. Dixon.
>> I don't put on any defense. What the hell is that?
>> You don't have any defense. You were caught red-headed raping the victim >> AFTER SHE WAS DEAD.
>> ALEX, THE JURY WON'T believe you.
>> How do you know?
>> Cuz I don't believe you.
>> I think you did it. You strangled her then raped her. That's what I think. cuz I've had the pleasure of listening to you talk. I don't want the jury to hear you open your fat mouth cuz then they'll know you did it just like I do. I have an obligation to protect you, Alex, and your fat mouth.
>> You listen to me. Don't want to mess with me.
>> Eugene, stop it.
Mr. Dixon, our defense is the state hasn't satisfied its burden of proof. With that strategy, it's better not to call any witnesses. That's why we're not calling you. Certainly, it's your right to testify. And if you insist, we will allow you to do so. But it is our collective judgment.
It's better for us to rest without putting on a defense and focus the jury on the state's failure to make its burden. And as it stands, we have a very good chance.
>> I don't know what's going on, but gay bashing seems to be coming back into style. We've got radio talk show hosts proudly declaring their prejudices.
Churches and politicians calling gay people sick. Voters coming out in droves to support bans on gay marriages.
What is going on?
As far as fear of AIDS goes, you want something really to be scared about?
Abolish people's right to medical privacy, and they simply won't get tested.
They'll stop going to the doctors, then watch the disease spread. Many diseases.
This man went and got tested, and he was punished for it.
Is that the message we want to be sending? Because if that's it, then a plague on all our houses.
What's he talking about? Gay backlash.
Gays have got more special treatment going than anybody. We got special aids laws.
Hollywood, the Emmys, the Oscars, they all got those red ribbons on, don't they? In honor of AIDS. My dad died of a heart attack. Where's the ribbon for cardiovascular disease?
And now, when a person has a fatal, deadly, infectious disease, there's a law that says you can't even warn people.
Nobody's saying we should discriminate against people with AIDS. But where's the law to protect you and me? Where's the legislation to protect Mr. Mayfield's co-workers? If he dropped, a dozen different people would be giving him mouthto mouth. If he got cut playing basketball, his teammates would help tend to it.
They don't have a right to know they could be risking their lives. How nut is that?
Doesn't Mr. Hines owe some duty to look out for the people who work for him?
He did the moral thing, the reasonable thing.
And let's remind ourselves one more time, the plaintiff didn't get fired.
Nobody beat him up. Mr. Mayfield says he even felt oppressed by the people who were trying to help him for God's sakes.
Maybe we should pass another law. It's a crime to show too much sympathy for people with AIDS.
Enough is enough.
How we doing?
>> I think okay.
>> How you doing?
>> I'm fine. Lizzie >> Eugene, >> don't start playing psychologist with me. Okay.
>> Are you seeing a psychologist? Because I think you should be. That right.
>> Yes.
>> Every time you take cases like this, you just you turn angry. I mean, the rat doesn't have to be fun. Lizzie, what am I supposed to do? Be all happy and then beat up.
>> These cases don't bother me. Okay.
>> Whatever your feelings, >> I don't feel anything. I'm a defense attorney. It's not my job to feel. Why can't people see that?
I have work to do here, Lesie.
>> I think I should do the closing.
>> I will do it.
>> If you can't do your best, >> I will do my very best.
cases like this, I I get so afraid I let my personal disgust affect my uh I compensate by trying harder.
If anything, I try even harder for the guilty.
How sick is that?
You've reached the verdict already.
>> I'm on my way.
>> Jimmy, my spies down at the courthouse said that your closing seemed a little rednecked.
>> What spies?
>> I got spies. What about your closing?
>> I went with what I thought would be effective. Redneck.
>> Red, white, and blue.
I better go.
>> If there's a question defense attorneys get asked more than anything else, it's how can you do it?
How can you walk into court day after day after day defending the scum of the earth, then go home and sleep?
Well, I got myself a pretty good piece of scum in this one, don't I? He raped a dead woman.
Hard enough for me to even look at him, let alone defend him. But the answer to the question is, I don't come in here day after day representing people like him. I represent you and me. I'm in here making sure the prosecution lives up to its burden of proving guilt beyond a reasonable doubt before they get to incarcerate people. Because if they don't live up to that burden, if we start letting them convict without meeting that criteria, then innocent people are at risk. You and me.
Maybe him, too. I I don't know. Maybe he killed that woman. Maybe he didn't. I can't tell you. What I can say is they didn't satisfy their burden. There is doubt all over the place. Nobody saw him commit a murder. The corn themselves said the murder could have happened hours before the police officer found him. It is not likely he's going to hang around with his victims for hours. Is it? No thumbrints or bruises on the neck matching my client. The victim smelled like garbage. Why? Because she was in that dumpster just like my client said she was when he found her. One witness who places my client with the victim alive turns out to be a drunk, likely drunk at the time. Can we really trust his powers of observation or his credibility? The testimony he gave was part of a deal that kept him out of jail. Deal. What I should say is bribe. He had a motive to lie.
Now, the only thing they can prove is that my client was having sex with a dead body. Does that make him vile?
Absolutely. But it in no way proves he committed a homicide. It certainly doesn't prove it beyond a reasonable doubt.
Miss Gamble started things off calling this ugly.
It is. Sometimes the job is ugly. I I got to come in here and fight for a system I believe in even when I don't like my client. And it gets ugly for juries, too. Cuz doing your job here means finding that man not guilty. It absolutely means that under the facts we have.
Now, I I can't stop you from saying the hell with the rules. I I can't prevent you from lowering the burden of proof if that's what you choose to do. I will ask you to consider what if one day you or somebody you love is charged with a crime you or he didn't commit.
How would you feel if you, he, or she got a jury who dispensed with the burden of proof and just said, "Close enough.
It happens."
Goes against the very grain of our criminal justice system, but it happens.
Violates every principle of our constitution, but it happens. The only question we have here is it going to happen today?
It is possible that he did find her dead. It's possible. There's nothing they can do to disprove that possibility. Definitely not beyond a reasonable doubt. That's a fact. A fact you can take back into that room.
In order for the system to work, we need the defense attorneys to do their jobs, even when it's unpopular to do so.
In order for the system to work, we need the juries to do their jobs.
But like Miss Gamble said, sometimes the job is ugly.
In very few cases is the defendant actually seen committing the murder.
The jury is allowed to consider circumstantial evidence when making its finding.
Here, the defendant was found raping the victim while her body was still warm.
Our system of criminal justice doesn't preclude you from using common sense.
Anything is possible, ladies and gentlemen. and our burden.
It isn't proof beyond all doubt.
It's proof beyond all reasonable doubt.
He was seen with her alive. He was discovered with her dead.
G. I wonder what happened.
In the matter of Mayfield versus Straw Industries, we find in favor of the plaintiff Wayne Mayfield and order the defendant to pay damages in the amount of $25.
Jury is dismissed with the thanks of the court. We are adjourned.
>> Did he say $25?
>> Yep.
>> We won basically.
>> Yeah, you did, Pete. You're a big winner.
>> It was your closing, Jimmy.
>> Well, you inspired it.
You got something to say?
Yeah, I think you're a bigot.
I also think you revealing his condition, you probably meant to create a climate that would make him want to leave.
Mission accomplished, Pete.
Hey, growing up, I mean, you thought they were just as sick as I did. Come on.
The difference is I grew up Did I handle myself okay?
>> You did great.
I got goosebumps. I was suddenly proud to be a defense attorney again.
>> I'm not so sure you should be that proud.
Do you really mean that?
>> You know, we're trained not to ask ourselves a big question.
How can you defend murderers and rapists? We're trained not to go near that because if we do, we'll end up a mess. So, we stay away, far away, till one day we don't even recognize the question.
And when people ask us, we we just look at them like you don't get it. That's all.
Like they're the ones who are lost.
And it hits you.
Maybe we're the ones who are lost.
There is honor in what you do, Eugene.
You may not believe your own words in there, but I do.
>> She said, "I can't feel."
>> Who?
>> Sharon.
And she's right.
I can't feel.
I'm afraid to let myself feel.
Maybe that's why I can be so damn honorable.
>> Lock up when you go.
>> Yeah.
Hey, ma.
Uh, I'm still at the office. Just getting ready to leave.
Oh, you got company? I'll let you go.
No, no, nothing's wrong. I was just calling to say hi, that's all.
How's everything going?
Yeah, same. Pretty normal.
Oh, no, nothing's wrong. I was just calling.
Let you know I was thinking of you, that's all.
Well, we'll talk tomorrow.
All right.
Love you, too.
Will the defendant please rise?
>> Has the jury reached its verdict?
>> We have, your honor.
>> What say you?
Count 32623.
On the charge of murder in the first degree, we find the defendant Alex Dixon not guilty.
On the count of murder in the second degree, we find the defendant not guilty.
>> On the count of lascivious and unnatural acts, we find the defendant guilty.
The defendant is sentenced 6 months credited with time served. He is free to go.
>> This concludes the jury's service. We are adjourned.
>> I don't believe it.
>> Mr. Dix to get a comment from you.
>> So, can I go?
>> Check with probation and then you can go.
Here he comes.
Hey, Richard.
>> Never mind.
>> What do you mean never mind? I called your name >> with a tone.
>> All right, come on.
>> I'll give you voluntary.
>> Make it involuntary. You have a deal.
>> Can't.
>> Richard, >> I've got marching orders. Remember, this thing was on tape. We've got a public outcry to deal with.
>> Public outcry? The public is with her.
>> Eleanor, I'm giving you manslaughter for a premeditated murder. Why can't you ever take a gift and smile?
>> It is a good deal, Sally. The only possible defense we have is temporary insanity. And because you don't want to say that you were insane, >> how was it?
Well, then I think that we should jump at manslaughter.
>> You would probably be sentenced to 8 years, and with any luck, you would only have to serve three or four.
Sally, you shot an unarmed man. If somebody raped and murdered my daughter, I might have done the same thing. But the problem is, you planned it. If we go for a not guilty on the elements, you could be going to prison for life.
Take the manslaughter.
>> No, Sally.
>> No.
Okay. So, the trial will start tomorrow.
guard.
Okay, we're going to see you at the courthouse.
>> How could she not take it?
>> She doesn't want to serve 3 years.
>> She'll be serving life if she doesn't accept.
>> Bobby, I told her that. So did Jimmy.
She wants to try to beat it.
>> Did you tell her the odds?
>> Yes, we did.
>> So what? Are you arguing insanity? Well, unfortunately, she doesn't want to do that either.
>> Who's in charge here?
>> She is. She's the client, remember?
>> And you're her lawyer, which means you need to make her >> Bobby. Don't lecture me.
>> Judge Hiller is sitting. She won't let you argue nullification. You know she won't.
>> Have we got a psychiatrist to say she was insane?
>> I got Dr. Tippet on standby.
>> I am telling you, she will not let us.
>> Eleanor, this thing is all over the news. Which means if Sally Bird goes down and murder one will be played for the idiots, not her.
>> Oh, so this is about our ego.
>> Partly, yes. But it goes with her best interest. You go back to her, make her see if she doesn't plead insanity.
>> We tried.
>> Try again. If she refuses, file a motion to withdraw as counsel.
>> Bobby, this is just like our rabbi case.
Maybe we could argue moral duress again.
>> No, Jimmy, because this time we have Judge Hiller.
Go back to the client. She either takes manslaughter, pleads insanity, or we withdraw.
Hey, Sally.
>> All right. Listen. As much as you're opposed to it on principle, we all agree that if we're going to go to trial, we have to go with temporary insanity.
The only other choice we have is jury nullification. And that judge will shut us down in a second. But if we win on temporary, you could avoid prison altogether. You have a chance. But you have to let us do our job. If we're to give you the best represent What did she say?
>> She just called me a bitch. Look, I don't need you and I don't need this case. You could get life. I don't really care. You beautiful.
He killed my baby.
You want Let me let Three, two, and What? What's going on? We're pleading temporary insanity.
>> Richard, >> Helen, to what do I owe this?
>> Uh, well, actually, I was just assigned second chair.
>> Excuse me? It's getting a lot of heat.
So, >> they put you on to what? Backs stop me.
>> I asked to be put on it.
>> Why?
>> Well, >> Helen, what's going on?
>> What's going on is you're a little under review.
>> What do you mean I'm under review? some big trials and in addition to losing these cases, you've also lost your poise, especially against Eleanor Frutt.
Richard, it's an election year. There could be some changes.
You don't want this one getting away from you. Trust me.
>> So, you you asked to be put on because I could lose my job.
>> It hasn't come to that, but we don't want it to.
There isn't a DA in this department who goes in more prepared than I do every single trial.
>> I know that, but you've had some pretty highprofile defeats and you've been somewhat of a loose cannon.
Richard, let's just win this.
390 people.
>> It's not my fault.
>> You invited 390 people to our wedding.
>> I didn't invite them. The idiot at the stationary shop made a mistake. There were two lists. One was just the notice of our marriage. After the wedding, she sent invitations to both lists.
>> What's going on?
>> 390 people got invited to our wedding.
So, what do we do now? Uninvite them.
Send out a notice. Hey, we never meant to include you.
>> It wasn't my fault, >> Lindsay. You were in charge of this >> only because you couldn't be bothered. I couldn't even get you to look at the invitations.
>> Well, this is my fault.
>> Well, it isn't mine. You want to get married, but I have to do all of the planning.
>> Hey, if it were up to me, we'd elope.
>> You know what? You plan it.
>> 390 people? I don't even know 390 people.
>> I think you both are acting out. Yeah, stay out of it.
>> Okay, I will stay out of it.
We had just taken Mr. Whittier into custody.
>> Where was that?
>> At his own house. And as we were leaving the dwelling, I observed Miss Berg approaching from across the street.
>> What happened next, officer?
>> My partner and I both instructed her not to approach, but she kept coming. Then suddenly, she's raising a gun, saying something about her daughter.
>> This woman right here?
>> Yes. We then reached for our own weapons, but it was too late. Your honor, at this time we'd like to play the videotape.
>> Members of the jury, you're about to see footage captured by a local news team.
The parties have stipulated to its admissibility. Go ahead, Mr. Bay.
>> This arrest of course has been anticipated since early this morning when um this is Michael Whittier. He is in custody. You see him there in the middle and he is apparently offering no resistance. Michael Whittier one.
>> Okay. At this time, I'd like to direct your attention to the right side of the screen. This happens pretty quickly.
>> Again, a suspect in the rape and murder of 7-year-old Jessica Bird. Rumors of his arrest have been imminent.
>> He's been shot. Michael Whittier has just been shot. Someone has fired. I know. I heard at least two shots, but he is down. Michael Whittier has just been shot. The police have the shooter, but I can't see. He has been shot.
>> Officer Finley, do you see in the courtroom the person who fired those shots?
It was the defendant.
Bobby, I don't mean to be nosy, but >> You don't mean to be nosy? Since when?
>> Look, obviously you two are fighting.
>> We're not fighting.
>> Well, she's fighting, but you're just not involved enough to realize it.
>> Lucy, I think you should just stay out of things. Is that possible?
>> Foley Depo, >> thank you.
>> We go in for our marriage license today.
You did manage to remember that?
>> Yes. Good.
>> What is your problem?
>> Problem? I don't have a problem.
>> Look, Lindsay, you screwed up the invitations. Not >> if I had a little help.
>> Here we go.
>> Don't Here we go, mate. I have had to do everything, Bobby. You know, I had to make the list.
>> First, you complained that I was booking everything.
>> I meant the church in your dead mother's dress. But when it comes to doing all of the work, you know, you just can't be bothered.
>> Well, I'm bothered now.
>> I don't think you even want to be married.
>> Here we go.
>> Don't hear we go me. If you hear we go me one more time, I am going to scream.
Okay. Did you hear me?
>> Listen to yourself.
>> Oh, and I hate that one, too. Listen to yourself. Here we go. And listen to yourself. If you ever say those things in our marriage, I will scream. Okay.
It's good to know these things before we become husband and wife. You know, this is this is very very healthy.
Bye.
>> Well, it's nice to know you can make her scream.
>> As you can see, we were back far enough.
There she is getting out of her car.
She's got something in her coat. She's moving across the street. The police are all on the street, so there's no one stopping her.
>> Okay, here it comes. She pulls out the weapon. Bang, bang. She drops the weapon and puts her hands up. Then she's tackled by the officers.
It's pretty much it.
What do you mean you can't testify?
>> Look, I didn't think she was insane to begin with. I was prepared to say she might have been.
>> So, what's changed?
>> That tape I just saw. I hadn't seen it before. And clearly, she is calm, composed.
>> That doesn't mean she wasn't in a rage.
>> Maybe she was, but you're asking me to testify she couldn't distinguish right from wrong. I can't say that. She put her hands up over her head very calmly after she fired those shots. That tells me she expected to be arrested. It tells me she knew what she was doing was wrong.
>> Oh, come on.
>> This defense was a stretch to begin with, Eleanor. I can't stretch it that far.
>> You have before.
>> No, I haven't, Eugene. And certainly not on television. I have a professional reputation, too. You ever think about that?
>> Think about it. We're paying you for it.
We gave you $10,000.
>> I'll refund the money.
>> You can't jump ship like this. I am not about to commit perjury. And if I testified I thought your client was temporarily insane, I would be doing so.
>> If you don't testify, she could be facing life. Your client committed murder. Eleanor, you don't want to be introducing my opinion.
>> Now what?
>> We get Dr. Lenny.
Dr. Dope.
>> At least he'll say what we want.
>> Let's page him. He should be here for Sally's testimony.
>> This is just great.
>> I think I should take her across.
>> Why?
>> No offense, but I just think I'm able to come off more sympathetic than you.
>> You sympathetic, >> Richard? It's a woman on trial. She lost her daughter. I just think it makes more sense to have a woman cross her.
Yes, I I think I can go softer than you.
It's not your strength.
>> How close am I to losing my job, Helen?
>> I didn't say you were about to lose your job.
>> Just that I'm under review.
>> Let's just forget about ego. Let's just concentrate on getting this conviction.
And your social security?
>> 062360749.
>> Okay. First marriage for both?
>> Yes.
>> Fine.
>> And do we have copies of our blood tests?
>> Oh, excellent. Okay. Uh, this is an AIDS education pamphlet which I'm required under Massachusetts law to give you.
>> Fine.
>> Um, would you like one of your uh >> Fine.
>> Okay, I think that about does it. Oh, Lindsay. Middle name?
>> Suzanne.
>> Lindsay. Suzanne.
Oh, your initials are LSD.
Isn't that funny?
>> All right. I just need $25 in cash.
Excellent. Okay, here you go.
>> Have a wonderful marriage.
>> She had been missing for two days when I got the call from the police.
>> The call?
They said they thought they had found my daughter and they asked if I would go to the coroner's office to identify her.
>> And did you go?
>> Yes.
They took me into a room and showed me her body and she was dead.
>> Yes.
Did you make the identification?
>> Yes.
Do you have any other children, Sally?
>> No. And Jessica's father?
He died three years ago.
At some point, you became aware that Mr. Whittier was a suspect in Jessica's death.
>> Yes, I saw it on the morning news.
that his psychiatrist had turned him in and the police were planning to arrest him.
>> Had you ever met Mr. Whittier before?
>> Yes, it was Jessica soccer coach.
I would like for you to tell the court what happened on that morning.
I took my gun.
I drove to his house.
I saw that the police were already there.
I parked my car two houses away.
And I waited.
Waited for what?
>> For him to come out. Why?
So I could kill him.
Can you tell the court what you were thinking when you approached him?
Sally, I was thinking about about Jessica, her last minutes, how she probably couldn't understand why this was happening to her.
Are you okay?
>> What was going through her mind when his hands were around her throat?
When he was inside of her She was only seven. She was only seven.
Do you want to marry her or not?
>> Of course I want to marry her.
Then act like it.
>> What have I done?
>> You've done nothing, Bobby. That's the problem. She shows you her dress. You hardly glance at it. The invitations, you couldn't be bothered. You've completely disengaged. I don't blame her.
>> All that stuff is so trivial.
>> It's a big deal to her. Bobby, this is the biggest day of her life. That should mean something to you, does it?
>> Of course it does.
>> Then show her that we're in May. You got a June wedding. You haven't even picked out your best man yet. Look at me.
You are always on the hustle. Don't let your wedding day suddenly sneak up on you. You're always dashing off to court trying to get this guy free, trying to get that guy bailed, trying to overturn what happened to the other guy.
Lindsay's your life.
>> I know that.
>> Show her that, too.
How many days after your daughter's death did you see on the news that the police were about to make an arrest?
>> Three.
>> And after hearing this news, you then retrieved your gun.
>> Yes.
>> You then called your real estate broker and cancelled your appointment.
>> Yes.
>> Then you drove to the suspect's house.
>> Yes. And you decided to park at a neighbor's house so you wouldn't be detected by the police.
>> Yes. Where do you keep your gun at home, Miss Berg?
>> In a safe. A combination safe.
>> Yes.
>> Do you keep it loaded?
>> No, I have to load it.
>> Thank you, Miss Berg.
I'm deeply sorry for your loss.
>> You're here to put me in prison, Miss Gamble.
Don't tell me how sorry you are. Unless you've had a child taken from you, you can't begin to understand my loss.
Miss Fru, the witness may step down. Please call your next witness.
The defense rests.
>> Explain that to me.
>> I will.
>> We don't even call an expert.
>> Sally was our strongest witness. Better to rest on her than Dr. the dope who Helen would have cloned like a trout.
>> We need somebody to say she was insane.
>> No, we don't.
>> Yes, we do. We have an affirmative defense, Eugene. We have a legal burden to prove it.
>> Eleanor, our case won't depend on proving Sally Berg was insane. Everybody in the room knows she wasn't. We know it. The prosecution knows it. So does the jury. Our case is getting those 12 people to want to send her home. And Sally's testimony is what we need to ring in their ears, not Dr. Lanning, who goes from courthouse to courthouse collecting cashier checks. Our defense is a motion. We rest on the highest note. I agree.
>> You're forgetting Judge Hiller. She is going to instruct.
>> If our case came down to Dr. Lanning, we'd be dead.
>> He's right, Elanor. Temp insanity. We're just arguing that with a wink. The jury knows it. If we try to fool them, we just lose credibility. Eugene's right.
It's a big risk, >> but we have to take it.
>> You ready to close?
>> Well, I guess I have to be.
That was very moving for me getting the marriage license.
How was it for you?
>> Why are we fighting?
>> We always seem to fight when we talk about getting married.
>> Why?
>> I don't know.
Do you want to get married, Bobby?
Lindsay, I would marry you tonight.
I just I just hate weddings.
And I'd be lying if I said I was getting all excited about the ceremony.
>> How can a person hate weddings?
>> Because it's all about the the catering and and dresses and flowers and who's invited and who's sitting at whose table. It should be the most intimate moment of a couple's life. And they spend the day hoping that the guests are taken care of. There's so much pressure that everything goes smoothly. I hate weddings.
There, I said it.
But marriage, I can't wait for that.
>> Would you really rather alope?
>> Truthfully, yes.
It would be me and you without all the distractions. But I know you want the big wedding day. And if that's your dream, >> I wish it were your dream.
>> Lindsay, I've only had two dreams my whole life. One was the pitch for the Red Sox. The other was to meet and marry the greatest woman in the whole world.
One for two isn't bad.
Now, if I could just get you to take a little medication for your mood swings.
>> That's so ow. Okay. Okay. Okay. Uncle I suppose we could pass a law.
If you kill my child, I get to kill you.
If you rape my child, I get to kill you.
On a pure emotional level, that doesn't really offend me. Truth be told, on an emotional level, I admit to taking some satisfaction in Michael Whittier's death if he did what he was accused of.
I say if because I'm not sure yet.
Michael Whittier never got his day in court. He was executed before proven guilty. None of us can take any satisfaction in that emotionally or intellectually.
One of the reasons we have laws is to prevent people from going around with guns being ruled by their emotions.
I sympathize with Sally Berg as I know you do.
But she wasn't acting out of insanity on that day.
She made a series of conscious choices.
She had the steadiness of hand to open a combination lock, to load a revolver, to drive a car through traffic without incident.
She had the presence of mind to park where she could avoid police detection.
She had an understanding that what she did was illegal as indicated by her raising her hands in surrender immediately after firing the shots.
She willfully, deliberately, with malice of forethought committed a premeditated murder.
I don't think there's any doubt about that.
The only real question here is whether you'll embrace her vigilantism by becoming vigilantes yourselves or you'll instead uphold the law you swore to uphold.
This is your trial now, ladies and gentlemen.
This is your society.
I am not a psychiatrist and neither is Mr. B, but I know of no medical opinions or studies that say rage automatically makes you act wildly.
Sometimes if the rage is profound enough, I would imagine it could take you over to a point where you are even capable of cold, methodical vengeance.
This is the kind of profound rage and grief that took over Sally Berg.
I won't pretend to know what was going on inside her head. I have never had a child raped and murdered. And I would guess none of us here would presume to know such horror.
This is Jessica Berg.
She loved to collect and trade Pokémon cards.
She liked her stuffed animals more than her dolls.
She loved to play soccer.
I would like to take a moment and I would ask you to try and imagine the last few minutes of her life.
imagine being her mother.
You're going to elope. Sh.
>> He'll hear you.
>> Well, isn't he going to be a part of it?
>> I'm going to surprise him. You're going to throw a surprise elopment? This is the best way to handle those 390 invitations. wheelope and tell people that we're already married and then we can have a small ceremony later and invite the people that we really want.
>> Am I on that list?
>> Lindsay, are you sure about this?
>> I'm sure. But I need you two to pull it off tonight. Tonight? Like in 3 hours from right now?
>> Yes.
Oh my god.
Yeah.
If I lose this trial because you cried.
>> They didn't see me cry.
>> They saw you cover your face. I doubt they thought you were trying to hide a pimple.
>> The problem isn't me crying. The problem is there were tears in the juror's eyes.
Look, Eleanor said she'd still be willing to take involuntary.
>> I think we should give it to them.
>> I thought they said no to that upstairs.
>> If she walks, they'll hate that worse.
I'll talk to Scott.
>> No, Helen. If we plead out on involuntary, the perception upstairs will be I lost.
I need a guilty here.
This can't be about job security.
>> Easy for you. You're not under review.
>> Richard, >> she committed a first-degree murder.
Helen, I don't want to give her involuntary and I don't want to lose my job.
The judge is going to keep him until 9:00 since it's Friday. And if they haven't decided by then, they're going to suspend until Monday.
Me, too.
>> Richard said no to involuntary.
>> Why? principal. I guess >> you can overrule him. Helen, >> it's his call.
>> Elanar, can I talk to you in private for a second?
>> I just talked to Lindsay. She and Bobby are getting married tonight.
>> What? She's surprising him with an alopement.
>> Oh, men just love to be surprised like that. Are you serious?
>> Yes. She She says she wants us to be there. I said we could be here till 9:00. She's going to try to hold the service, but the priest has got a plane to catch.
>> Is she pregnant?
>> No. She says this is what he really wants. She wants to surprise him.
>> Helen. Ellen.
Jury's back.
Thank you. The defendant will please rise.
Madam four person, the jury has reached a unanimous verdict.
>> We have, your honor. What say you?
>> Commonwealth versus Sally Berg. On the count of murder in the first degree, we find the defendant not guilty.
On the count of murder in the second degree, we find the defendant guilty.
>> Members of the jury, this completes your service. Security, take the defendant into custody. We're adjourned.
>> Sally, we're going to appeal.
We will appeal it.
>> It's a life sentence.
But we're going to do everything that we can. I promise.
I >> promise.
All right, enough is enough.
What? What the hell's going on?
>> Well, this is your bachelor party.
>> Bachelor party? Rebecca, guys are supposed to throw bachelor parties.
>> Yeah, we just wanted to make sure you got one. You know, sometimes weddings can just sneak up on you. And how sad would it be if you didn't actually get to have a back? Ow.
>> What happened?
>> Becca just hit me.
>> Where am I?
>> All right. All right. All right. Turn around.
>> Should I get the signal? No. No. No.
>> What signal?
>> Okay. Take your blindfold off >> now, Lucy.
>> What? What? I'm in Fenway Park. Yes, you are.
>> But why? What? What am I doing here?
>> Well, you're doing what everybody does in Thinway Park.
>> You're aloping.
>> Excuse me.
>> You're aloping.
My god.
My god.
Is this for real?
>> If you want it to be.
>> Hey, Bobby.
You can do this. I got special permission from the bishop.
>> And this would be official.
>> Like Pearl Harbor. Quiet.
>> It would be official.
I figured we could have a more traditional ceremony a little later with families and close friends. But tonight, I thought you might like to pitch for the Red Sox. I'll catch.
>> I don't mean to rush, but uh I've got a 10:00 flight.
>> You're not rushing. I want you to do this, right?
>> You sure?
>> Let's get married.
>> Hold on.
>> Do we miss it?
>> I think you're about to. Oh god, I'm going to cry >> now. In addition to the flight, I'm getting old. Can we uh Huh?
>> Okay. Ready? If you are.
>> I do. I I I am.
>> Look, they're on the scoreboard.
Please, >> father. Okay.
Now, this obviously is not a cathedral known for its happy endings, uh, but Fenway Park certainly is a symbol of a deep lifelong commitment, of joy, and of pain.
Father, I Bobby.
I Bobby take thee, Lindsay.
>> Take thee, Lindsay.
>> To be my wed wife. To have and to hold.
>> To be my weighted wife, to have and to hold. From this day forward, for better, for worse. From this day forward. For better, for worse, for richer, for poorer. sickness and health. I've been memorizing this for a long time.
To love and to cherish, till death has two part.
This is my solemn bow.
>> Well, I Lindsay.
>> I Lindsay.
>> Uh, you haven't memorized this, have you? I need a little help.
>> All right. Take thee, Bobby, to be my wed husband.
>> Take thee, Bobby, to be my wed husband.
>> To have and to hold from this day forward.
>> To have and to hold. From this day forward.
>> For better, for worse. For rich or for poorer.
>> For better, for worse, for richer, for poorer.
>> In sickness and in health. To love and to cherish.
>> In sickness and in health, to love and to cherish. Till death do us part.
>> Till death do us part.
>> Do you have the rings?
>> Not yet.
>> Oh, all right. Then by the powers vested in me under the Commonwealth of Massachusetts, under God, and I suppose under the Boston Red Sox, I now pronounce you man and wife.
Guess that means he's off the market now.
>> I love you.
>> I love you. Hey, do we all get to go on the honeymoon?
>> Uh, one toast.
Thank you all for being here. probably goes without saying, which is good because I never say it, but uh you people are my best friends.
You mean the world to me and uh this woman, she is my world.
People shouldn't cry in baseball fields.
Let's go.
I love you.
Christmas.
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