[NEW] The Practice Season 2026 Full Episode | S02E22 | Checkmate | Best Crime Series

Ajouté : 2026-05-30

[00:00:01]Previously on The Practice.

[00:00:02]>> 30 years.

[00:00:03]>> It's not unreasonable, Jackie, for two murders.

[00:00:06]>> The punishment is life, and you're looking at a double life sentence.

[00:00:09]>> Do you see the man who was shooting that day?

[00:00:11]>> It was the defendant.

[00:00:12]>> Let the record reflect. The witness has identified the defendant, Jackie Cahill.

[00:00:16]>> This DA, he knows us and I know him. He is not going to drop the ball.

[00:00:20]>> Richard Bay, in addition to being good, he is pathologically competitive. He'd want you to get life even if you were innocent.

[00:00:27]>> Is somebody there?

[00:00:31]This is simple. If the case against Jackie Gayill doesn't go away, you will.

[00:00:45]>> Our client would like to reopen a plea negotiation.

[00:00:48]>> 40 years. The deal you offered was 30.

[00:00:50]That was before I had to go to trial.

[00:00:52]>> If he really thought I killed two people, what does he think I'm going to do to him if he convicts me? If he's not afraid of that, he must think I can't get to him from prison.

[00:01:00]>> Are you going to do something to him if you lose here?

[00:01:03]>> He has to think I will.

[00:01:05]>> Why?

[00:01:08]>> Because it's my only chance.

[00:01:10]>> The killer is this man right here.

[00:01:13]You're a coward. And thanks to the jury, you're about to get what you deserve.

[00:01:18]>> Commonwealth versus Jackson Cahill. We find the defendant, Jackson Cahill, guilty. Bobby, can you start working on my appeal, please? Jackie, I think you need to get yourself another lawyer.

[00:01:45]>> Get some vitals.

[00:01:48]>> We got multiple gunshot wounds on the chest.

[00:01:51]>> Got no lung sounds on the right.

[00:01:53]>> Okay. together, Nick.

[00:01:54]>> Okay, roll them out.

[00:01:55]>> I want to see.

[00:01:57]>> Let me see.

[00:01:57]>> Let's just stay back here. Helen, >> see them.

[00:02:00]>> Just wait. Just >> Liz, go ahead and start bagging them.

[00:02:05]>> S two IVs. Kevin, get them hooked up to the monitor.

[00:02:08]>> Okay, >> I invi Okay, let's go ahead and get him up on the gurnie.

[00:02:22]>> Okay. I'm going to set a vital before we move. What are you showing, Kevin?

[00:02:26]>> He's a cystally. You want to call it?

[00:02:28]>> Yeah, I got no pulse.

[00:02:30]>> I got brain matter. Let's call it 9:25.

[00:04:07]orchest.

[00:04:11]You okay?

[00:04:14]>> Yeah.

[00:04:17]>> Maybe she should take a second chair.

[00:04:18]Eleanor, go with her.

[00:04:21]>> I think I should check on Helen. She's >> Lindsay can check on Helen.

[00:04:24]>> Well, let Eugene do it.

[00:04:26]>> I didn't ask Eugene.

[00:04:28]>> Well, I'm asking you to ask >> Elanor.

[00:04:30]>> Why can't Eugene do it?

[00:04:31]>> It's a murder trial. Eugene can't do murder trials.

[00:04:33]>> What about this one? No.

[00:04:34]>> Why not?

[00:04:35]>> Because I'm asking you, >> Bobby.

[00:04:37]>> Why can't you just do it? Why do I have to fight?

[00:04:44]I can second chair. I'm free.

[00:04:48]>> Let's go.

[00:04:51]>> I guess I'll be going now.

[00:05:01]>> We cleared the area. Last cell on the left.

[00:05:05]>> Good. Beat it.

[00:05:19]Don't even bother. I'm represented by council.

[00:05:23]>> Mr. Donald informs me he no longer represents you.

[00:05:26]>> And get me somebody else.

[00:05:28]>> I didn't hear that.

[00:05:31]Here's the deal, Mr. Cahill. You're going to tell me who the shooters are.

[00:05:37]>> Oh, really?

[00:05:39]And what are you going to offer me for this gesture?

[00:05:42]>> Your life.

[00:05:44]See, I have a press conference scheduled for 11:00, at which point I'm going to announce that you've agreed to tell us not only who the trigger man was, but also the names of the people you do business with.

[00:05:56]Then I'm going to have you released into the general prison population, and you will be dead.

[00:06:02]>> Right.

[00:06:03]You want to call my bluff?

[00:06:08]>> You're a dead man.

[00:06:13]>> Hold on.

[00:06:16]>> You get me a lawyer first and then I'll consider things.

[00:06:25]>> Manslaughter.

[00:06:26]>> If we can agree on sentencing.

[00:06:30]>> They must know I'm innocent. If they really thought I killed her like they say, they would never offer a manslaughter, >> would they?

[00:06:39]>> The offer doesn't reflect what they believe, Wendell. It only goes to how they feel about the case.

[00:06:45]>> Well, I want to reject it. If I plead guilty to any charge, people will think I killed my wife.

[00:06:53]That's what they'll all think.

[00:06:56]I am not saying take the offer, but you would be risking a life sentence by going to trial. You understand that?

[00:07:06]>> I want to go to trial.

[00:07:13]>> You did everything you could, Bobby. You warned him. Richard had protection.

[00:07:18]There was nothing.

[00:07:19]>> I'm going to give you some of my cases.

[00:07:20]Okay, Eugene.

[00:07:24]I'm going to take some time off. enough.

[00:07:25]I think >> how long maybe indefinite.

[00:07:33]>> I don't think that would be wise at the moment. Uh, everybody's trying to hold it together. We need your leadership.

[00:07:40]You took over before. You did a great job.

[00:07:45]>> There are times when the people here need you.

[00:07:51]This is one of those times.

[00:07:57]I need time to process this, Miss Gamble. I can't.

[00:07:59]>> We don't have the time, Mr. Powell.

[00:08:01]Whoever shot Richard Bay might be fleeing the jurisdiction as we speak or planning to. Offer's good for 1 hour only.

[00:08:07]>> If there's a deal, I want it on paper with a judge on board.

[00:08:10]>> No time. You've got 1 hour.

[00:08:11]>> This is extortion. You threatened to hang a snitch jacket on my client.

[00:08:15]That's a death threat.

[00:08:16]>> Mr. Powell, if you're turning down the deal, then get out.

[00:08:21]run it by me again.

[00:08:23]>> First, he gets immunity on Richard Ba's murder, >> which we make no admission he had anything to do with, >> right? He just happens to know who did.

[00:08:30]And >> what about his life sentence?

[00:08:32]>> We'll cut it to 20 years.

[00:08:34]>> And how would you accomplish that when the sentence is statutory?

[00:08:36]>> You bring a motion to vacate the verdict, and I support it.

[00:08:39]>> You think a judge would ever sign off?

[00:08:41]>> If he knows the deal was made to capture the killer of a district attorney, yes.

[00:08:46]You then enter a plea to two counts of secondderee. We run the sentences concurrently. He's eligible for parole in 20 years.

[00:08:55]>> I'll certainly take it to him.

[00:08:56]>> Take it to him now and tell him that the general prison population awaits him.

[00:09:03]>> I'll draft the plea agreement and see you in an hour.

[00:09:09]>> When I got to the house, she was lying face up next to the pool.

[00:09:12]>> Mrs. Forsley?

[00:09:13]>> Yes. I immediately checked for vital signs, but she was dead. Was anybody else there?

[00:09:19]>> Mr. Forsley, he was soaking wet.

[00:09:21]>> Did Mr. Forsley say anything to you?

[00:09:23]>> Yes. He stated that he'd just arrived home from work. He discovered his wife lying at the bottom of the pool. He jumped in, pulled her out, tried to revive her, but was unsuccessful.

[00:09:34]>> Officer, at what time did you arrive at the Forsley residence that night?

[00:09:39]>> It was at 9:52 p.m.

[00:09:41]>> And officer, when did the 911 call come in to your knowledge? at 9:41.

[00:09:47]>> I was walking my dog when I saw him arrive home.

[00:09:50]>> Saw who, Miss Moher?

[00:09:52]>> Wendell. He pulled into his driveway.

[00:09:55]>> Do you know the defendant?

[00:09:56]>> Uh, yes. He's my next door neighbor.

[00:09:57]>> And you saw him in the car?

[00:09:59]>> I saw him in the car. I saw him get out and walk in the front door.

[00:10:03]>> Are you positive that it was Wendell Forsley?

[00:10:06]>> I'm positive. Yes. I was on the other side of the street.

[00:10:09]>> And what time was this?

[00:10:11]>> A little before 8:00. I was impatiently waiting for my dog to have his bowel movement. It was about 3 minutes to 8 because I wanted to get back inside to see Boston Public, which starts at 8.

[00:10:24]>> You testified that you know Wendell.

[00:10:27]>> Yes, we're neighbors.

[00:10:28]>> How well do you know him?

[00:10:30]>> Well, we've lived next to each other for 3 years.

[00:10:33]>> Been to each other's houses >> many times.

[00:10:35]>> How would you describe him?

[00:10:38]>> Gentle, kind. In the three years you've been living next to him, did you ever hear Wendell and his wife argue?

[00:10:45]>> Never >> ever see, hear, or witness Wendle become violent in any way?

[00:10:51]>> No.

[00:10:52]>> Ever see him with his wife, Annie?

[00:10:55]>> Oh, many times.

[00:10:56]>> Could you describe that relationship as you observed it?

[00:10:59]>> It seemed very loving. They were both very devoted to each other.

[00:11:08]You don't think it was worth crossing her on the time?

[00:11:10]>> She was too positive. 3 minutes and counting the Boston public waiting for a dog to poop.

[00:11:15]>> Did you check to see if they maybe ran that show late that night?

[00:11:18]>> I checked. They didn't. And we're not disputing the time anyway.

[00:11:22]>> But he told the cop he had just gotten home.

[00:11:24]>> He was in shock. He admits he was wrong about that.

[00:11:28]>> It's kind of a big mistake.

[00:11:30]>> Jimmy, he's innocent. That mistake is the only reason he's on trial.

[00:11:43]>> All of this is conditional. The shooter only. No business associates.

[00:11:47]>> Everybody involved in the shooting directly, indirectly, or there is no deal.

[00:11:52]>> There's just one guy.

[00:11:54]>> A witness saw a woman driver in the car.

[00:11:56]>> Yeah, that was his mother. She lives with him.

[00:11:58]>> Hold on. This says 30 years. You said he'd be out in 20.

[00:12:02]>> Amend it. If it turns out anybody else is involved, deal is off.

[00:12:06]>> There's nobody else.

[00:12:08]>> What's his name?

[00:12:09]>> Initial.

[00:12:13]>> Name and address.

[00:12:18]>> Bruce Manning. He lives at 1412 Columbus Street in the South End.

[00:12:42]How you doing? Okay.

[00:12:48]Eleanor doesn't think so.

[00:12:54]Why are you even working?

[00:12:56]I have things to do.

[00:13:00]You're giving the eulogy.

[00:13:01]>> One of them.

[00:13:07]Seems like yesterday we were kids in school, doesn't it? Talking about our dreams.

[00:13:15]Now you're married, a mom.

[00:13:20]We've had friends killed.

[00:13:25]We're not kids anymore, are we?

[00:13:28]>> No, no.

[00:13:38]>> Did you make a determination, doctor, as to the cause of death?

[00:13:42]>> Asphyxiation caused by drowning.

[00:13:44]>> What led you to make this finding, doctor?

[00:13:46]>> The amount of water we found in her lungs. And did you make a determination as to whether this drowning was accidental or not?

[00:13:54]>> There was bruising around the victim's neck consistent with her being held underwater. We ruled it a homicide.

[00:14:02]>> Cause of death was drowning.

[00:14:04]>> Correct.

[00:14:05]>> And doctor, you mentioned bruises around Mrs. Forsley's neck. Were there any other bruises found on her?

[00:14:11]>> There was a slight contusion on the side of her head.

[00:14:13]>> Any idea how she got that?

[00:14:15]>> The head may have scraped the pool when he was pulling her out. Could it be possible she hit her head before drowning?

[00:14:22]>> I don't think that happened.

[00:14:23]>> Is it possible?

[00:14:26]>> It's possible.

[00:14:27]>> Thank you, doctor. And is it possible Mrs. Forsley bumped her head, became unconscious, causing her to drown >> with bruises around her neck?

[00:14:35]>> If one were to drag her from a pool by her neck, she could get postmortem bruising. Could she not?

[00:14:40]>> Is that what he's saying?

[00:14:42]>> This isn't about what anybody's saying, doctor. I'm asking you as a coroner. If a drowning victim were pulled from a pool by her neck, could she suffer postmortem bruising?

[00:14:54]>> I'll say unlikely.

[00:14:56]>> Unlikely. So, possible.

[00:14:59]>> Remotely possible.

[00:15:06]>> Captain Gamble, nice to see you again.

[00:15:10]>> I'm sorry about Mr. P.

[00:15:12]>> Thank you. Listen, I've made a tentative deal with Jackie Cahill. He's given me the name of the shooter. Here's the address. Now, the problem is there are others in the building, including his mother. According to Mr. Cahill, this man won't hesitate to either take hostages or shoot his way out. My suggestion you apprehend him outside. He has a nighttime job. Uh, reportedly, he leaves work around 9:00.

[00:15:33]>> This comes from Cahill.

[00:15:34]>> Yes. Evidently, he carries at all times.

[00:15:37]He's extremely dangerous as he is volatile. So, make sure your men protect themselves.

[00:15:43]>> We'll take him tonight.

[00:15:44]>> Thank you.

[00:15:49]I went out to the pool and I saw her.

[00:15:54]She was just laying face down on the bottom.

[00:15:57]>> And what did you do?

[00:15:59]>> I jumped in to get her. I swam down. I pulled her out. I tried to give her mouth to mouth. But >> when you pulled her out, how did you do that? I first tried to by the arm, but I couldn't get any leverage. I remember I grabbed her head to pull her upright a little, then tried to get her on my shoulder.

[00:16:23]>> Did you ever grab her neck?

[00:16:26]>> I may have. I I can't really remember.

[00:16:29]>> How long did it take for you to pull her out?

[00:16:32]>> Well, I was unsuccessful at first. I had to come up for air. Then I went back down and I was able to drag her up. It might have been a few minutes.

[00:16:42]>> Do you remember what happened as you pulled her out?

[00:16:46]>> I remember trying to revive her and when I couldn't, I called 911.

[00:16:55]My wife isn't breathing.

[00:16:57]>> Sir, can you tell me your address?

[00:16:59]>> She isn't breathing. She was in the pool.

[00:17:01]>> Where is she now? Sir, >> she's on the ground. She I got her out, but she's not breathing. Oh, she's blue.

[00:17:07]My god.

[00:17:13]>> Is that your voice, Mr. Forsley?

[00:17:16]>> Yes.

[00:17:16]>> Okay. When did you arrive home from work that evening?

[00:17:20]>> Probably somewhere around 8:00.

[00:17:23]>> And when did you discover your wife in the pool?

[00:17:26]>> Closer to 9:30.

[00:17:28]>> So, you had been home for more than an hour?

[00:17:31]>> Yes.

[00:17:32]What were you doing between the time you arrived home and the time you discovered your wife?

[00:17:38]>> I was in my den doing bills.

[00:17:41]>> So why did you tell the police you had just gotten home before you discovered your wife?

[00:17:47]>> I don't know.

[00:17:49]I must have been in shock.

[00:17:52]>> You stuck by your time story at an interrogation later at the police station. Were you in shock then?

[00:17:58]>> Probably. And when you then found out that you had been seen by Ms. Mosher arriving home at 8, I bet you that gave you a little shock.

[00:18:05]>> Objection.

[00:18:06]>> Sustained.

[00:18:09]>> Was your wife a good swimmer, Mr. Poley?

[00:18:12]>> Yes.

[00:18:13]>> In fact, she was a competitive swimmer in college, was she not?

[00:18:16]>> She was.

[00:18:17]>> All right. I noticed that your pool is about 20 yards behind the back door of your house. Can you see the bottom of the pool from the back door?

[00:18:26]>> No. You had to walk up to look. Right.

[00:18:28]>> Right.

[00:18:29]>> So, you opened the door, you saw that she was not out there, and you said to yourself, "Gee, I think I'll check the bottom of the pool."

[00:18:37]>> Objection.

[00:18:38]>> Overruled.

[00:18:39]>> What made you think she might be at the bottom?

[00:18:42]>> She didn't answer. So, >> you said you went from your office to the kitchen to the pool rather than first seeing if she was upstairs in her bedroom, rather than see if she's out in her art studio.

[00:18:56]You said to yourself, "Let me check the bottom of the pool."

[00:19:00]>> I don't know why.

[00:19:04]Maybe I just had a feeling.

[00:19:30]What are you doing here?

[00:19:32]>> I just wanted to monitor, make sure no Fourth Amendment rights are violated here.

[00:19:36]>> How did you get past our checkpoints?

[00:19:37]>> I'm a district attorney.

[00:19:40]>> This could be a dangerous area, Miss Campbell. You said so yourself. If he comes out shooting, one certain round.

[00:19:45]>> Keep your distance.

[00:20:11]Bruce Bann get out.

[00:20:40]What's happening?

[00:20:40]>> Stay back, ma'am.

[00:20:41]>> Brutes you.

[00:20:48]Place this woman under arrest for felony murder and take her into custody.

[00:21:12]>> Just now, >> about an hour ago.

[00:21:16]Why were you there?

[00:21:16]>> There's nothing on television. Okay, Elanor. It was either a movie or watch a guy get shot.

[00:21:21]>> Is that funny?

[00:21:25]>> You enjoy it, Helen?

[00:21:27]>> It didn't hurt.

[00:21:36]>> Mike, why didn't you tell me this was going down?

[00:21:41]The man didn't have a weapon. Do you know that, Helen? It was a cell phone.

[00:21:45]>> It was dark. He made a quick move. From my vantage point, the shooting looked justified.

[00:21:49]>> Well, from mine, it looked like an execution.

[00:21:52]You tell the police he'll take hostages.

[00:21:54]You got to take him outside. He'll be armed. He's volatile. He'll shoot.

[00:21:57]Protect yourselves. Is there any other way this could have gone down, Helen?

[00:22:02]This was the equivalent of a hit.

[00:22:04]>> I have to take a different legal point of view there, Mike. But you know what?

[00:22:07]If it gets out on the street, whack a DA, and this is what happens, I can live with that.

[00:22:12]There's going to be an investigation.

[00:22:14]>> Tell me where and when I'll show up wearing white.

[00:22:18]>> What's the deal you made with Cahill?

[00:22:23]>> Tomorrow we put our doctors in. Dr. Winters will testify that she could have drowned, that the bruising is consistent with you pulling her out of the pool by the neck. Dr. Marks will testify that you appear to be in shock.

[00:22:34]>> They've offered no motive. I think we're okay.

[00:22:40]>> Back. Mr. Bulock is here.

[00:22:42]>> Now he says it's important.

[00:22:49]>> Thanks.

[00:22:53]This is slightly embarrassing.

[00:22:55]>> You caught the real killer.

[00:22:56]>> You could say that, Jimmy. Yeah.

[00:22:58]>> What's going on?

[00:22:59]>> Well, it seems your client has an alias.

[00:23:02]Why we're just finding this out, I don't know, but this horseness you hear in my voice is cuz I've been screaming.

[00:23:08]>> He has an alias. Peter Bryant.

[00:23:11]He was arrested six years ago in Indiana for murder, charged with strangling his wife. He was acquitted.

[00:23:19]I guess at that point, he moved to Boston to make a new life for himself.

[00:23:25]When he was 14, he strangled an 11year-old girl and a 9-year-old girl.

[00:23:31]He was convicted and served time till he was 21.

[00:23:36]He also used to strangle chickens.

[00:23:39]>> Excuse me.

[00:23:40]>> As a youth, he would trespass onto farms and kill chickens.

[00:23:45]Hundreds of them.

[00:23:58]What's wrong?

[00:23:59]>> There's been a new development.

[00:24:01]>> What?

[00:24:02]>> The DA found out about three other murders.

[00:24:05]Peter, >> I was acquitted >> of the last one, not the first two.

[00:24:16]>> Those were juvie.

[00:24:18]>> Well, the DA is going to try to introduce them as pattern evidence.

[00:24:21]There's a motion scheduled tomorrow.

[00:24:23]We're going to fight it, but is manslaughter still on the table?

[00:24:33]>> No.

[00:24:36]want to tell us about the chickens.

[00:24:51]>> You killed him.

[00:24:53]>> Mr. Cahill, I'm afraid I'm not satisfied that you turned over all the people responsible for Mr. Ba's death.

[00:25:00]>> What I did? Well, it's unfortunate that I just don't trust you. Accordingly, the deal is off. Your life sentence stands.

[00:25:09]>> Hold on a minute.

[00:25:11]>> On what basis do you believe there were others involved?

[00:25:14]>> My gut. Have a nice life, Mr. Cahill.

[00:25:17]>> We have a signed agreement.

[00:25:19]>> I don't believe he lived up to the terms.

[00:25:21]>> We're going right to court.

[00:25:22]>> Excellent. That'll sure put the word out that you turn states evidence.

[00:25:27]>> I guess this is goodbye. Jackie, >> you don't think I can hit you from inside? Jackie, >> I was so hoping you'd say that.

[00:25:47]>> Prior bad acts in a criminal case are inadmissible, >> except when they go to pattern, your honor.

[00:25:52]>> He was never convicted of the crime.

[00:25:53]>> He was arrested for it. And the two prior murders >> were juvenile offenses, which means as a matter of law, they never happened.

[00:26:00]Juvie is sealed. That means we're talking about one prior offense. One offense does not amount to a pattern.

[00:26:07]>> The pattern is he kills wives.

[00:26:09]>> Oh, come on.

[00:26:10]>> Look, this man borders on being a serial killer he's going to kill again.

[00:26:14]>> Based on what I'm hearing, I'd say it's a guarantee, but juvenile records are sealed. And as for the prior bad acts, I'd be handing him an appeal on a silver platter. It's not coming in.

[00:26:25]>> So, we're just going to pretend for the jury that none of this ever happened.

[00:26:28]>> We're going to finish the case.

[00:26:30]And then win or lose, you can go home, pour yourself a little scotch, and lament the perversity of the system.

[00:26:47]>> Be are you all right?

[00:26:50]>> Yeah.

[00:26:51]I I just with Richard getting killed.

[00:27:04]>> The reality of >> the reality of what?

[00:27:12]>> I've been clinging a little to this case.

[00:27:15]the idea that we fight for the innocent sometimes too, you know. And Wendle, I just I just I needed him to be innocent, you know.

[00:27:28]>> Yeah.

[00:27:35]>> He's going to kill again.

[00:27:37]>> Well, that's not something to mention in your closing. It's not even something we should think about.

[00:27:45]It's not even something we should think about, >> Rebecca.

[00:27:49]>> No. No. What the hell are we doing? Is there even any doubt that he'll kill again?

[00:27:54]>> Rebecca.

[00:28:04]>> This is classic contract law, your honor. Miss Gamble offered a deal. We accepted the terms. She received consideration.

[00:28:10]>> First of all, >> I'm not finished.

[00:28:12]We also have to consider substantive due process. The government must be required to give Mr. Cahill the benefit of what he bargained for. He gave over the shooter, who was shot dead, by the way.

[00:28:23]For Miss Gamble to now say no deal, that is blatant bad faith. This woman was a friend of Richard Bae. She's been on a mission. The shooter is now dead. Now she's reneggging on a signed agreement to get my client. And it should shock the conscience of this court's fundamental notion of fairness.

[00:28:42]Miss Gamble, >> the deal called for Mr. Cahill to reveal everybody involved in Mr. Ba's death.

[00:28:49]Because the shooter was fatally wounded, our investigation of Mr. Ba's murder has been severely undermined.

[00:28:56]As for fundamental notions of fairness, this man put a hit on a DA. He has since threatened to put a hit on me. I find it unbelievable that a man who has violated our laws with such brutality, a man that has murdered and committed acts of depravity, for him now to be seeking the protection of the law, to be exalting arguments of fairness and due process.

[00:29:21]This classic contract law that Mr. Powell speaks of calls for the parties to act with clean hands.

[00:29:28]I'd ask the court to consider Mr. Cahill's hands. And I would ask the court to consider Helen Gambles.

[00:29:47]>> I'm sorry.

[00:29:50]Yeah, >> I know how close you two were and I'm sorry for your loss and and I'm sorry for being an accomplice in his death.

[00:30:04]>> Bobby, you weren't an accomplice.

[00:30:07]>> There's no more denying that. Helen, >> you're a defense attorney.

[00:30:11]>> Yeah, magic words, I guess.

[00:30:19]to check your conscience at the door.

[00:30:28]I'm so sorry for your loss.

[00:30:32]You okay?

[00:30:36]No.

[00:30:54]Every medical expert, ours and theirs, including the coroner, has admitted that she drowned, that the bruising on the neck could have been postmortem, that they could have been inflicted by my client's attempts to pull her out of the pool. There is no evidence of any motive. There is no evidence that Wendell Forsley was violent toward his wife or any other person. There is no case here, ladies and gentlemen. Wendell Forsley is only on trial because he seemingly lied about what time he got home that night. But as he told you, as Dr. Winters told you, he went into shock.

[00:31:41]He wasn't trying to hide anything because Wendle forcely had nothing to hide.

[00:31:58]He told police that he had just gotten home a full hour after he was seen entering the house. And he repeated this lie during an interrogation the next day. It was only when he was told he had been seen going into that house at 8:00 that he then changed his story and said, "I was in shock. No sense of time.

[00:32:22]Good swimmers just don't turn up at the bottom of the pool with such marks around their neck. She was murdered.

[00:32:30]She was murdered by Wendell Forsley.

[00:32:40]All rise.

[00:32:46]>> Be seated.

[00:32:50]>> I have reviewed the contract entered into by Miss Gamble and Mr. Cahill. I think Miss Gamble's promises were against public policy, lived up to or not. I also believe they could be technically unenforcable under Massachusetts General Law, Chapter 265, Section 1, which states that only the jury shall determine the degree of murder.

[00:33:15]However, the fact of the matter is we enforce plea agreements like this every day.

[00:33:22]And Miss Gamble's deceit, trickery, bad faith, it's also against public policy.

[00:33:29]Lawyers who appear at my court do not get to take advantage of technicalities and bad faith to get out of deals they regret.

[00:33:38]I'm therefore honoring the plea agreement. Mr. Cahill's firstdegree convictions are set aside. We enter secondderee counts and pursuant to the agreement, Mr. Cahill shall be eligible for parole in 20 years.

[00:33:55]>> Thank you, your honor.

[00:33:57]However, >> this plea agreement is silent on sentencing when it comes to other crimes such as Mr. Cahill's threat to hit Miss Gamble.

[00:34:07]>> We deny that ever happened.

[00:34:08]>> Yes, it would be nice for you if you got a trial on that. But you don't. For sentencing purposes, I need only find by a prepoundonderance of the evidence that it happened. I make that finding now.

[00:34:23]To threaten a DA, Mr. Kale, I'm adding 75 years to each of your two counts. Sentencing to run consecutively.

[00:34:36]So, you will now be eligible for parole in 150 years.

[00:34:41]Adjourned.

[00:35:01]You think you honored Richard Bay in all this?

[00:35:04]>> You think that cowboy up there just ratified you?

[00:35:07]>> Go away.

[00:35:07]>> Richard Bay was a man of integrity. He honored his word. He honored the law.

[00:35:12]>> If you'll excuse me, I have to go to a funeral.

[00:35:15]>> Well, I hope you pay tribute to him there because neither you nor that judge did here.

[00:35:30]I get the feeling you don't really want me to win.

[00:35:39]>> What was your motive if you don't mind my asking?

[00:35:44]>> I don't know.

[00:35:49]Maybe power.

[00:35:51]>> Power just like the chickens.

[00:35:57]I'd be holding this little life in my hands, fully alive, vital, noisy, and with one squeeze.

[00:36:23]I I didn't know I was going to kill Annie.

[00:36:31]We were kissing.

[00:36:35]I was caressing her face and she just seemed so alive.

[00:36:52]Next thing Jury's back.

[00:37:12]>> Will the defendant please rise?

[00:37:18]>> Madam Fourperson, has the jury reached a verdict?

[00:37:21]>> We have, your honor.

[00:37:22]>> What say you?

[00:37:25]Commonwealth versus Wendell Forsley. On the charge of murder in the first degree, we find the defendant Wendell Forsley not guilty.

[00:37:35]On the charge of murder in the second degree, we find the defendant Wendell Forsley not guilty.

[00:37:43]>> The defendant is free to go. Members of the jury, you are dismissed with the court's thanks.

[00:37:51]>> Thank you so much.

[00:37:54]I owe you my life.

[00:37:59]>> You need help, Wendle.

[00:38:03]>> I I I'd go to a therapist. I really would. The thing is, if they think I'd do it again, they might tell someone and get me locked up.

[00:38:12]I can control myself.

[00:38:15]I really think I can.

[00:38:22]Well, thank you again.

[00:38:27]>> Goodbye.

[00:38:56]Richard had the choice of stepping down from a case where the defendant was threatening his life. He said to me, "How can I do that? I'm a district attorney. This is who I am."

[00:39:09]And that's how he'd want to be remembered.

[00:39:12]He was a public servant.

[00:39:15]He leaves a legacy of truth, justice, and integrity behind him.

[00:39:25]A legacy I've done a lousy job living up to the last few days.

[00:39:32]A legacy which has become increasingly difficult for everyone in the criminal justice system to live up to as of late.

[00:39:40]But for Richard, it was easy because his compass always reminded him.

[00:39:47]He was a public servant.

[00:39:52]A lot of people he considered his friends disliked him.

[00:39:58]A lot of them happen to be my best friends, defense attorneys, people who come to work day after day fighting for the civil rights of those who have murdered, raped, stole.

[00:40:15]People who knew that by fighting for the guilty, they were ultimately protecting the innocent.

[00:40:22]Those people have come to doubt themselves in the wake of Richard's death.

[00:40:28]Richard never doubted you.

[00:40:32]He respected you enormously because he knew you too were public servants and he'd want you to know that he was scared the night before he was killed.

[00:40:49]He was afraid that the threat made against him might be carried out.

[00:40:57]And he said if he should die be sure to tell everyone he tried his very best.

[00:41:09]We all know that. Richard lying there is a kind man.

[00:41:21]A man who saw a crime and tried to stop it.

[00:41:25]A man who saw victims and tried to console them.

[00:41:31]A man who a man who more than anything else was a dedicated public servant.

[00:41:51]May I live to see when our hearts are happy and our souls are free.

[00:42:07]Let the new day.

[00:42:13]Oh Lord, I pray we'll never get to heaven till we reach that day.

[00:42:29]It's a day of peace, a day of pride, a day of justice.

[00:42:45]We have been denied.

[00:42:50]Little man can live and a child can play.

[00:43:01]We'll never get to heaven till we reach that day.

[00:43:11]is a day of peace, a day of pride, a day of justice.

[00:43:27]We have been denied when a man can live and a child can play.

[00:43:43]We'll never get to heaven till we reach that day.

[00:44:26]You Take off.

[00:46:57]Keith, >> there's been, what's wrong?

[00:47:08]>> Where's Marsha?

[00:47:10]>> She's taking taking a shower.

[00:47:15]>> Why aren't you dressed?

[00:47:18]>> My clothes are in the wash.

[00:47:22]Keith, put this on.

[00:47:28]>> Hello, Elellaner.

[00:47:29]>> Marsha the master bedroom.

[00:47:35]Just go look.

[00:47:58]Let me just let me handle it.

[00:48:00]>> Don't you think you've handled things enough? Keith, >> you wouldn't lay this at my door.

[00:48:03]>> Are you serious?

[00:48:13]>> Have you called an ambulance?

[00:48:15]>> He seems a little dead for that.

[00:48:17]What about the police?

[00:48:19]>> We called you. Given the man died in our house, we were nervous about becoming suspects. So, we notified our attorney.

[00:48:27]>> So, the police haven't been called at all.

[00:48:30]>> Not yet. No.

[00:48:32]>> Do you know who the victim is?

[00:48:34]>> His name is James Mcnown.

[00:48:37]He's a business associate of Marshes.

[00:48:44]>> What happened? If knowing the truth would prevent you from representing me, Ellanar, you're not getting it.

[00:48:55]>> How you doing, sweetie?

[00:48:58]>> Okay.

[00:49:00]>> Hi, Elanor.

[00:49:02]>> Hi, Allison.

[00:49:07]>> Okay, look, we have to notify the police.

[00:49:10]>> And what do we tell them?

[00:49:12]>> Well, >> none of us has any idea how it happened.

[00:49:14]None of us saw it.

[00:49:16]>> He just showed up in your bed dead.

[00:49:20]>> Yes.

[00:49:22]>> That's not going to sound very convincing, Keith.

[00:49:26]>> Elellanena, I'm placing myself in your hands now.

[00:49:30]I'll tell you as much or as little as you want to know. It's up to you.

[00:49:35]But I don't want to say anything that'll keep you from representing me.

[00:49:41]So tell me what you want.

[00:49:55]You have blood splatterings on you. Go take a shower. I'm going to call the police in 10 minutes.

[00:50:09]Heat. Heat. N.

[00:51:27]What I don't exactly know.

[00:51:30]>> Did he tell you anything?

[00:51:31]>> Only that I don't want to know.

[00:51:34]>> My educated guess is that he shot him.

[00:51:37]>> Eleanor, take a walk.

[00:51:41]>> Don't let anybody speak to them.

[00:51:46]>> Told your clients are refusing to give any statements.

[00:51:49]>> Choosing not to give statements.

[00:51:53]>> Don't you think it kind of makes them look suspicious?

[00:51:57]Well, then as suspects, they're exercising their constitutional rights to >> Eleanor. I can't accept anyone's version of the events if no one gives me one.

[00:52:05]>> I sympathize, Ellen, but the burden is on the state to figure out what happened.

[00:52:09]>> As a state senator, I would think your client would want to assist the Commonwealth in that burden.

[00:52:14]>> Well, you would be wrong.

[00:52:17]>> You represent the wife and the daughter, too.

[00:52:19]>> That is correct.

[00:52:20]>> No conflict of interest there.

[00:52:21]>> None.

[00:52:23]>> You're not going to let any of them talk to us. Correct.

[00:52:29]>> How we doing?

[00:52:34]>> Arrest Senator Ellison and take the wife into custody.

[00:52:38]>> Wait a second. You're arresting both?

[00:52:39]>> No, just him.

[00:52:41]>> Then why take her?

[00:52:43]>> As a material witness.

[00:52:45]>> The state under extraordinary circumstances can place a witness into custody.

[00:52:50]>> What are your circumstances? We believe, your honor, that Senator Ellison caught his wife in bed with the victim, then shot him.

[00:52:56]>> Yes. What a gifted leap. What are your circumstances for taking Mrs. Ellison into custody?

[00:53:01]>> We think she's concealing evidence that she will destroy if she gets out of custody.

[00:53:05]>> The evidence being >> the victim's semen or DNA evidence that would establish the two were in bed together at the time.

[00:53:12]>> I'm a little confused here. What exactly are you asking for? We'd like to do a search similar to a rape kit examination to determine >> a vaginal search.

[00:53:20]>> A full body search to look for hairs and fibers.

[00:53:23]>> Helen, >> if your client would cooperate, Eleanor and give us a statement by not doing so.

[00:53:28]>> This is blatant blackmail, your honor.

[00:53:30]She is trying to force my client to testify against her husband or else be violated by a police technician.

[00:53:37]>> Your client is not a suspect.

[00:53:38]>> Fine, then grant her full immunity and then we'll consider any search. Would she agree to testify in exchange for immunity?

[00:53:47]>> I am not making any deals under the threat of coercion. And I might add, the state has no authority to do an invasive bodily search. She is the suspect's wife. Spousal privilege.

[00:53:58]>> That privilege goes to testimony. Bodily fluids do not constitute testimony.

[00:54:02]>> Come on. The privacy issues alone >> are outweighed by the state's interest in solving a homicide, whether or not she's a suspect. Your honor, if we do not get this evidence tonight, it's gone.

[00:54:12]>> Miss Gamble, are you sure you want this?

[00:54:15]Because if it comes out, this is merely a ploy on your part. This woman can sue you personally for misconduct. You'll lose whatever evidence you might find.

[00:54:24]>> I can't lose evidence I don't have, your honor. I want it.

[00:54:31]>> I'm going to allow it.

[00:54:32]>> I appeal it and >> fine, but I'm not staying the order pending an appeal. And since it's almost midnight, >> hold a little still if you can.

[00:54:51]>> And people wonder if we're becoming a police state.

[00:54:53]>> I'm going to be all over them on this. I promise you, Marca.

[00:54:58]>> Mrs. Ellison, if you could just remain still, this really shouldn't hurt.

[00:55:02]>> It shouldn't hurt.

[00:55:03]>> Marca, >> a man was shot in my home. My husband was arrested and Dr. Fingers is down there with a snorkel. Would you describe this as a painless experience, Eleanor?

[00:55:13]>> Let's just get through this.

[00:55:19]>> Of course. Get them issued tonight. Wake the magistrate up if you have to.

[00:55:26]>> Not been given any details as to what happened this evening. The police have issued no statement as of yet except to confirm that a fatal shooting did take place in the senator's home, occurring sometime this evening. Unconfirmed reports suggest that the senator was in fact home at the time.

[00:55:44]>> Helen, where are we?

[00:55:47]>> Uh, the senator is in custody. We have the gun. We're getting the warrants issued to search his house tonight. He had his lawyers there before the police even. He's not talking and it's not likely to change.

[00:56:00]>> Mhm.

[00:56:00]>> This is Alan Low. He just came over from Middle Sex.

[00:56:04]>> Hi. Why do I care?

[00:56:06]>> Because he's your backup on this.

[00:56:09]>> Look, I don't need any backup.

[00:56:10]>> I do. The heat on this is already >> Mr. Lo's reputation is that he has difficulty with the concept of playing backup.

[00:56:18]>> Your first chair, Helen. He gets that.

[00:56:21]Use him, Helen.

[00:56:24]Keep me informed.

[00:56:34]Don't second guess. Don't even talk.

[00:56:37]We'll get along just fine. You can start by overseeing the warrants.

[00:56:41]>> Can I ask you why you made an arrest so quickly?

[00:56:43]>> See, you're talking.

[00:56:44]>> I'm not second guessing. I'm just asking.

[00:56:51]>> The only way I could search Mrs. Ellison was to make a showing she's not a suspect. The best way of doing that was to arrest the senator. Anything else?

[00:57:01]>> No.

[00:57:02]>> Great warrants.

[00:57:10]>> A cavity search.

[00:57:11]>> She called Judge Finkele.

[00:57:12]>> And did they find anything on her?

[00:57:14]>> I hope not. She took a shower before the police came. The victim wore a condom, so maybe there was nothing. I also had Keith take a shower, so he should be clean.

[00:57:23]What do you mean you had Keith's shower?

[00:57:25]You instructed him to take a shower.

[00:57:28]>> Did I say that?

[00:57:30]>> Yes, you did.

[00:57:31]>> Well, I misspoke. I did not direct him to take a shower. He independently decided to lay off me, will you? If this was one of your closest friends, >> you broke the law.

[00:57:45]>> I told you, Bobby, I misspoke. It was his decision and I have no affirmative duty to prevent him from bathing if that's what he chose to do.

[00:57:55]>> Eleanor, because this is one of your oldest friends, it makes me nervous.

[00:57:59]This is a state senator. This case will be under a microscope. If we cross any ethical lines here, >> I won't.

[00:58:10]>> I won't.

[00:58:21]to admitting.

[00:58:25]>> Did you find what you were looking for?

[00:58:28]>> Well, it'll take a little time for them to analyze everything they found. Mrs. Allison, I just wanted to talk to you for a minute.

[00:58:37]>> I'm represented by council, Miss Gamble.

[00:58:40]>> Yes, but you're not a suspect. So whether you're represented or not.

[00:58:44]>> So this isn't custodial.

[00:58:47]>> Once the examinations are completed, you're free to go. Yes.

[00:58:51]>> Does Elanar Frutt know you're here?

[00:58:55]>> Mrs. Ellison, we all know what happened here.

[00:58:58]Has your attorney explained to you that your silence could incriminate you?

[00:59:02]>> Gee, no. But as you explain it, it seems I am indeed a suspect of criminal wrongdoing, which makes this interrogation improper, if not illegal.

[00:59:12]>> Okay. Well, I guess what I'm trying to say, you probably won't be able to save your husband from his fate, but you may very well hurt yourself and your daughter in the process.

[00:59:25]Fine. And should you ever lose your job for violating suspects fifth and sixth amendment rights, perhaps you could tour as a motivational speaker.

[00:59:35]You're being dismissive, Mrs. Ellison.

[00:59:37]It would be a great error in judgment for you to dismiss me.

[00:59:42]Maybe I shot him, Miss Campbell.

[00:59:46]There's your statement.

[00:59:55]>> We're told, Jenny, that warrants were issued last night and that Senator Ellison's office is being searched as we speak. The arraignment was scheduled for 9:00. Whether that's been delayed or not, Next matter on the calendar, criminal case number 32723, Commonwealth versus Keith Ellison, murder in the first degree.

[01:00:27]>> Eleanor Frutt for the defense. Good morning, your honor.

[01:00:29]>> Helen Gamble for the Commonwealth and that this is a first-degree homicide. We ask that Senator Ellison be held without bail.

[01:00:36]>> My client has no previous criminal record. He has strong and extensive roots in the community. He is in fact a trusted government official who poses neither a safety nor flight risk.

[01:00:48]>> The defendant is being charged with a brutal homicide. The fact that he is a state senator should afford him no special consideration.

[01:00:54]>> We are not asking for favors. In fact, just the opposite. That he be treated the same.

[01:00:58]>> 1 million bond, 250,000 cash.

[01:01:00]>> Thank you, your honor. We would also move for an immediate trial.

[01:01:03]>> The prosecution needs time to develop its case.

[01:01:05]>> An arrest has been made here. If the prosecution doesn't >> appreciate it if council could refrain from posturing. What are you looking for?

[01:01:12]>> December.

[01:01:13]>> They're looking to buy time, your honor.

[01:01:15]>> I'd also appreciate it if defense council could limit herself to representing the defendant and not the Commonwealth's intentions.

[01:01:22]>> Trial date of September 24th. Let's conference tomorrow. Set up a schedule for now. We're adjourned.

[01:01:28]>> Your honor, I'm loathed to turn this into an unnecessary street fight. But >> yes, she's so adverse to confrontation.

[01:01:35]I believe council in her zealous efforts to provide legal representation to the defendant is guilty of witness tampering or worse obstruction of justice.

[01:01:44]>> What?

[01:01:45]>> We have been unable to interview key witnesses to this crime. People present at the scene who have been instructed by Miss Fru not to talk to either police.

[01:01:53]>> Miss Gamble is now attempting to try her case in the press and contaminate a potential jury.

[01:01:59]>> I am attempting to cut through a cover up orchestrated by counsel. The district attorney anticipates not being able to mount much of a prosecution. So, she's trying to establish the perception that it's our fault she can't assemble evidence.

[01:02:11]>> Defense council is again trying to represent my thoughts instead.

[01:02:15]>> My thoughts are transparent enough for everyone.

[01:02:17]>> All right, Miss Gamble, you will not be using my courtroom to color public opinion.

[01:02:22]>> I'm not doing that, your honor.

[01:02:25]>> Who are the witnesses?

[01:02:27]>> Mrs. Ellison and Allison Ellison, the defendant's daughter.

[01:02:30]>> Mrs. Ellison certainly enjoys spousal privilege, your honor.

[01:02:34]>> What about the daughter?

[01:02:35]>> We can't even get in a room with her.

[01:02:38]>> Miss Frutt, if I get wind of tampering, >> I'm not doing that, your honor.

[01:02:43]>> Is that right?

[01:02:45]Do these people have separate counsel?

[01:02:47]>> I am the family attorney.

[01:02:48]>> Oh, you're the family attorney. Did you tell the wife and daughter they could face accessory charges? Did you advise them it might be in their best interest to cooperate with the police? Any and all communications between me and my clients is of course privileged. Your honor, >> Mrs. Ellison and Allison, I strongly advise both of you get your own lawyers here. I won't order it for now, but Miss Frutt may want to silence you for the defendant's sake, and it may not be what's best for you. In the meantime, Miss Frutt, I am ordering that you make Allison available to the district attorney for an interview. If she refuses to talk, she can be subpoenaed to a grand jury. It's all for now. We're adjourned.

[01:03:35]>> Your honor, with the court's permission, I'd like security to escort Allison to my office immediately.

[01:03:41]>> Why?

[01:03:42]>> I have concerns that council might seek to prepare her statement.

[01:03:45]>> I object to that.

[01:03:46]>> I would submit if there are no plans to conference with Miss Ellison, what's the harm?

[01:03:50]>> Miss Ellison is also a client, and since criminal charges may possibly be levied against her, I have the right to advise.

[01:03:57]Security will escort Miss Ellison to Miss Gamble's office. Defense council, but not the defendant, may be present at the interview. We're adjourned.

[01:04:10]Do you have any idea what she's going to say?

[01:04:24]Don't let the media get anywhere near him.

[01:04:34]Jimmy, you take the neighborhood. See if anybody heard or saw anything. I'll interview the employees at Mrs. Ellison's job. Lucy, you stay on top of the incident reports. Lindsay, you're in charge of jury consultants. Hire them today. Beck, I need you to research.

[01:04:48]Temporary insanity. Heat of passion.

[01:04:49]>> Research? Why do I always get research?

[01:04:51]>> Rebecca, >> you always put me on research. Why can't I ever do field work? Because Jimmy and I are better at it. Sorry if that answer disappoints you.

[01:04:59]>> Are we sticking everybody on this one case?

[01:05:01]>> Yes, we are, Lindsay. Because like it or not, we will be defined by this one case. We would be the firm that either won it or didn't win it. It would be nice to be the firm that won it.

[01:05:10]Everybody's got a role. Let's go.

[01:05:20]We had just come home from the movies.

[01:05:22]Our movie was sold out actually, so we had come home early.

[01:05:26]>> You and your dad?

[01:05:28]>> Yes. Then what did you do?

[01:05:31]>> I just went to my room.

[01:05:34]I think I might have gone to the bathroom first and then I was getting ready to call a friend and then I heard some screaming and yelling. Did you recognize the voices?

[01:05:49]Did you recognize the voices, Allison?

[01:05:53]No.

[01:05:55]Okay. Then what happened?

[01:06:00]After a few seconds, I heard a loud popping sound and and more screaming.

[01:06:10]I ran down the hall into my parents' bedroom.

[01:06:13]My mother and father were screaming about something.

[01:06:17]>> My mother was crying.

[01:06:20]They just they just kept on screaming at each other. And then I looked over and saw there was a man in their bed. He wasn't moving and he was bleeding and his eyes were opened.

[01:06:38]Did you hear what your mother and father were screaming about?

[01:06:43]No. Did you see blood on your father's clothes?

[01:06:48]>> I don't remember.

[01:06:50]Did you notice if there was a gun around?

[01:06:55]>> I didn't see any gun.

[01:06:58]>> Allison, what do you think happened?

[01:07:01]>> I don't know.

[01:07:02]>> If you had to guess, >> she doesn't have to make guesses.

[01:07:05]>> You were allowed to be present for this interview. You are not permitted to either conduct it or do >> advise my client to tell what she knows and not to formulate opinions.

[01:07:12]>> You want to go right back in front of that judge?

[01:07:14]>> Fine.

[01:07:14]>> Hold on. Why don't you just ask your questions?

[01:07:17]>> Yes, that would be nice.

[01:07:21]>> Did you ever ask your parents what happened?

[01:07:24]>> No.

[01:07:25]>> Did you know what happened?

[01:07:27]>> No.

[01:07:28]>> You didn't know what had happened and you didn't ask? Correct.

[01:07:36]>> Allison, did you have any discussions with your attorneys about what you might say here at this meeting?

[01:07:41]>> Don't answer. Privilege, work product.

[01:07:44]Forget it.

[01:07:44]>> We're into tampering, Bobby.

[01:07:46]>> You think you can make tampering? Try, but don't be asking our client about conversations she had with us.

[01:07:51]>> So, you had a conversation in preparation for this meeting.

[01:07:54]>> Don't answer.

[01:07:54]>> Whether or not the conversation was had does not follow >> I'm instructing my client not to answer.

[01:08:01]I've told you all I know.

[01:08:03]>> You've told us all you know, Allison.

[01:08:05]>> Yes.

[01:08:08]I heard a pop and yelling.

[01:08:13]That's it.

[01:08:15]>> And you never asked your parents what happened here?

[01:08:18]>> No, I didn't.

[01:08:34]We have no new information to share with you at this time.

[01:08:37]>> Has Senator Ellison made any kind of statement?

[01:08:39]>> Senator Ellison is currently refusing to speak with us at the advice of his attorney.

[01:08:43]>> Mr. Law, one more question.

[01:08:44]>> Get that out of my face, please.

[01:08:45]>> What about Mrs. Ellison?

[01:08:47]>> Mrs. Ellison is also refusing to cooperate, which we find frustrating.

[01:08:52]Certainly, it's every defendant's right not to speak. And that right would endure to the spouse as well. But we're particularly disappointed when a state senator, a person ostensibly committed to justice, forsakes that commitment out of self-interest.

[01:09:05]>> That's scared in before Judge Finkele.

[01:09:08]Shut them down. Whoa, slow down.

[01:09:10]>> He cannot comment on a defendant's silence. The state bar. He's deliberately contaminating the jury pool.

[01:09:16]>> Of course he is. But if we go to Judge Finkele, he might gag all of us. We do not want that.

[01:09:20]>> Why not? if he's going to try their case in the press >> because we need the press more than they do.

[01:09:27]>> Now, we all know how it looks. We need to shape public opinion here. If we get gagged, >> why aren't we at least putting out some version?

[01:09:33]>> We don't need to. The burden is on them.

[01:09:35]>> Our people were there. The prosecution can prove they were there. To me, that shifts the burden to us. I agree.

[01:09:42]>> I don't. We got three possible suspects here. The senator, his wife, or the daughter. The prosecution can't nail any of them beyond a reasonable doubt.

[01:09:51]>> Oh, please. He's convicted now.

[01:09:52]>> You're just mad over doing research.

[01:09:54]>> Oh, that's funny.

[01:09:55]>> All right, >> we're up against Helen Gamble here and Alan Low.

[01:09:59]>> We've beaten Helen many times. Lindsay, >> if they prove this affair that gives them motive with motive, his being at the scene, his gun, he's gone. We need to start building a theory and put it out there. The more we wait.

[01:10:10]>> Look, let's just see what their evidence file shows. It's too soon for us to commit to anything.

[01:10:15]>> Bobby, hello. Public opinion can't send him to prison. Lindsay, >> are you sure for this one?

[01:10:33]>> Is it good news?

[01:10:34]>> Sort of. Ballistics confirm it was his gun.

[01:10:38]>> Prince wiped clean.

[01:10:41]>> Trace metal.

[01:10:42]>> Negative. There was a pair of dishwashing gloves soaking in the sink.

[01:10:46]>> What about powder burns or primer residues?

[01:10:48]>> No, but they could have washed off if >> anything to prove the affair.

[01:10:52]>> Not yet. No semen, nothing from the cavity search. No blood on her, but she showered. So, >> what about hairs in the bed?

[01:10:59]>> Some, but they could be old.

[01:11:03]It's early. Helen, give us time.

[01:11:05]>> Interview everybody at her work.

[01:11:07]Somebody had to have seen the two together.

[01:11:10]They'll never prove it. No one ever saw us.

[01:11:13]>> You can be sure of that.

[01:11:14]>> He always left before me. He had his own set of keys to my car. He'd get in, duck down. I'd come down, drive home, directly into my garage. No one ever saw him go into my house.

[01:11:26]>> Suppose somebody saw him get into your car.

[01:11:28]>> He always made sure that never happened.

[01:11:32]>> Okay, look. Ordinarily, we would just sit back and do nothing here. We would leave the burden to the prosecution to prove the crime. The problem, this case is so highprofile that there's an enormous danger of jury contamination.

[01:11:50]We want you to tell us what happened.

[01:11:54]>> Isn't that dangerous?

[01:11:55]>> If it means you having to get other lawyers.

[01:11:57]>> No, Keith.

[01:11:58]>> No.

[01:11:59]>> I want your firm.

[01:12:01]>> Senator, the likelihood is that they will be able to prove your wife's affair with the victim. With that, with your gun being the murder weapon, with you being at the scene, with your clothes being in the washer, you'll be convicted. Senator, if you tell us what happened, you might give us something to go with.

[01:12:25]Keith, you said you were putting yourself in my hands.

[01:12:30]As your lawyer, as your friend, I am advising you to tell us what happened.

[01:12:40]The movie was sold out.

[01:12:45]So Allison and I came home early.

[01:12:49]Allison, I guess went off to her room and I went upstairs and I I heard sounds coming from our bedroom.

[01:13:03]I heard a male voice and I thought I thought I could only think that maybe Marsha was being raped or or attacked.

[01:13:19]And I got my revolver from the safe in the back of the linen cupboard and I went to the bedroom and I I saw this stranger on her and I just I squeezed the trigger and suddenly Marsha was screaming. There was blood everywhere.

[01:13:43]It all happened so fast and I I saw this man and I shot him.

[01:13:53]I I didn't realize until after what what was what had what had really been going on.

[01:14:13]The problem with that, the gun was wiped clean of prints. Your clothes were in the washer. And the question will be if you thought you were justified, why did you try to cover your tracks?

[01:14:29]I did that.

[01:14:31]It was stupid, I suppose. But he has worked his entire adult life building his public career.

[01:14:43]and I didn't want to see it all go away because of something that I caused.

[01:14:50]>> I assume you will testify that from your vantage point. It appeared he was acting in defense of you.

[01:14:56]>> Of course.

[01:14:59]>> Well, then that's how we proceed. We argue mistaken defense of others. It's a form of self-defense.

[01:15:08]>> I'd like to make a public statement.

[01:15:09]>> I don't recommend that. You said yourself that they were trying this in the press.

[01:15:14]>> Anything you say could be used to impeach you.

[01:15:16]>> I'll keep it short.

[01:15:18]>> It's a bad idea.

[01:15:20]>> It's a great idea. I mean, you can certainly go over what he plans.

[01:15:23]>> What if he ad lives the wrong thing?

[01:15:25]>> You make sure he doesn't. Bobby, his going before the cameras, it goes to the same jury pool the prosecution is trying to influence right now. And if he talks, more cameras will be rolling.

[01:15:35]>> Why aren't we going for a change of venue, if you ask me?

[01:15:38]>> We want this venue, Rebecca. He's a celebrity here, a popular one.

[01:15:41]>> Well, if he goes forward with a statement now, you're married to self-defense. You can't then go in the elements.

[01:15:46]>> Does anybody here really believe we've got a shot on the elements? I mean, his house, his gun, he's at the scene, and they can probably prove the affair.

[01:15:58]Self-defense is our best hope and best we start working the jury now. I'm with Eugene. Let the man talk.

[01:16:31]So far, it's like the immaculate affair.

[01:16:33]Although, we do have one witness willing to say she saw something going on at a party. It's nothing I'd call concrete, but >> nobody saw them go into a motel.

[01:16:42]>> Kenny, this woman's prepping to be the first lady of Massachusetts. She was careful.

[01:16:47]>> You know about this press conference?

[01:16:48]>> Excuse me?

[01:16:49]>> He's called for a press conference. He's going on.

[01:16:51]>> Who?

[01:16:55]>> I should first note. I appear before you today against the advice of my counsel, who you see behind me. For purposes of a criminal trial, it's best to remain silent. A fact I know you are acutely aware of. But being in public office, I enjoy a public trust and that trust cannot faithfully be served or honored by my continued silence.

[01:17:22]Thus, I feel it is my duty to come forward because the public has a right to know.

[01:17:29]On Saturday, July 12th, I left in the early evening to go see a movie with my daughter Allison.

[01:17:37]The film being sold out, we returned early.

[01:17:41]>> You believe this? Shh.

[01:17:42]>> When I heard the sounds, it sounded like a physical attack.

[01:17:48]It even sounded like somebody was being strangled.

[01:17:52]I retrieved my revolver, which I kept in the house for personal protection. And I ran to the room in fear, desperate fear, that my wife Marsha was either being raped or worse, murdered.

[01:18:10]When I entered the room, I saw what appeared to be a struggle with a strange man on top of my wife.

[01:18:18]I thought she was being killed.

[01:18:21]As he rolled to face me, I discharged my revolver.

[01:18:26]The bullet hit him and he fell silent.

[01:18:32]It was only in the following seconds that I came to realize what was actually going on.

[01:18:45]My wife was not in fact under attack.

[01:18:49]The passion I mistook for rage for a deadly threat was a different kind of passion. A passion a husband never wants to think his wife.

[01:19:01]I shot a man who was committing adultery, not a man who was trying to kill.

[01:19:10]I didn't realize this until it was obviously too late.

[01:19:17]Though I will have to live with the fact that I took another human life.

[01:19:24]It is something I will never get over.

[01:19:27]In my mind, I saw a potentially deadly threat of violence against my wife.

[01:19:41]I accept responsibility.

[01:19:45]I ask for no one's forgiveness, only your understanding.

[01:19:54]Thank you.

[01:19:59]>> The fact that Senator Ellison would refuse to talk to the police, would refuse to cooperate with our investigation only to go before the cameras with a self-serving ramble overtly designed to poison the objectivity of the people he was elected to represent. I found that to be inconceivable.

[01:20:16]I found it personally disgusting.

[01:20:18]>> Did you know he'd be claiming self-defense? You know, we expected something desperate, and that is exactly what this is. It's an anemic Hail Mary from a guilty murderer. Why was the gun wiped clean of fingerprints? Why were his clothes thrown in a washer? Was this obstruction of justice and service to his public trust?

[01:20:39]Who exactly did he honor by trying to cover all of this up?

[01:20:45]Well, let me tell you this.

[01:20:48]As a district attorney, I have a duty to the public trust as well, and that's to see that when people kill human beings, they go to prison. There's no exceptions for politicians, no excuses for wronged husbands, no favors for eloquent speakers.

[01:21:08]You kill, you go to jail.

[01:21:13]That is what will happen here.

[01:21:21]It was mainly a feeling. Never heard or saw any actual proof. And the feeling was >> they were involved. They would shoot each other looks sometimes. Flirty behavior. I just assumed something was going on between them.

[01:21:35]>> How well did you know Mrs. Ellison?

[01:21:38]>> Not well. We worked in the same office obviously, but I had very little direct interaction.

[01:21:44]>> And the victim, Mr. Mcnown.

[01:21:47]>> He was my boss.

[01:21:51]>> And this party, Mrs. Ellison came with Mr. McN.

[01:21:55]>> Oh, God, no. She came with her husband.

[01:21:57]But I saw them in an office together.

[01:22:00]>> Mr. Mcnown and Mrs. Ellison.

[01:22:03]>> And it looked like something was going on between them. I just know it.

[01:22:12]>> So what? It's not enough that we establish the affair now. We have to show he knew about it. If we can prove he knew what was going on, there's no way they'll sell self-defense. Husbands know. They always know.

[01:22:23]>> Well, we haven't been able to find anything.

[01:22:25]>> Then get back out there, Mike. Dig harder.

[01:22:27]>> All right. All right, Helen. Mike, this is a big piece. If we can show that he was even suspicious that his wife was sleeping around, we'll be able to argue that he knew what was going on when he went for the gun.

[01:22:39]>> Look, we're dead. You all do know that.

[01:22:42]The guy is sympathetic. He's He's charming. He's credible. And we're dead.

[01:22:47]>> No, we're not. The guy caught a man screwing his wife. He blows the guy's head off. And then he says, "Oops, I thought he was trying to kill her.

[01:22:57]We'll get him."

[01:22:58]>> We've got nothing on State of Mind, Alan. It's us against his word. And you saw how well he plays.

[01:23:06]>> Helen Gamble.

[01:23:09]Okay, >> judge wants to see us.

[01:23:16]>> Should we bother to have a trial here, people, or just put it to a referendum on the November ballot? I would gag you all right now if I didn't think you'd both immediately start with confidential sourcing.

[01:23:30]Miss Frutt, you let your client hold press conferences, you will have a hard time disqualifying jurors for knowing too much. Miss Gamble, attempt to prejudice the trial, you will find your jury challenges gone. I will prohibit you right now from making any comments concerning the evidence of this case.

[01:23:50]That goes for every one of you. Now, common sense tells me this goes away for manslaughter. Six years, three suspended.

[01:23:59]>> That seems a little light.

[01:24:01]>> You jump at it. Don't kid yourself. And so should you. The idea he thought she was being killed smells like crap.

[01:24:08]This was a heat of passion murder. Let's dispose of it for what it is.

[01:24:21]>> Are you recommending it?

[01:24:23]>> With good behavior, you could get out in 18 months.

[01:24:26]>> Isn't that a bargain for human life taking?

[01:24:35]Can I win this?

[01:24:37]>> You could, but it's a risk, Keith. And if we lose, you are looking at murder 2, which carries a statutory life sentence.

[01:24:48]>> I just told the public it was self-defense. If I plead on manslaughter, how would that look?

[01:24:53]>> I think the public is sophisticated enough to know.

[01:24:55]>> And they believe me, by the way. Have you Have you heard the HDH poll? My approval ratings are higher than before the shooting.

[01:25:02]>> Well, then it was all worth it.

[01:25:07]>> Do we have a problem?

[01:25:08]>> Do we have a problem? Eleanor, I was having an affair. I was fond of this person and Keith shot him.

[01:25:17]Clearly, these are not the best of times.

[01:25:28]I don't want to plead.

[01:25:30]>> You can't be looking at this with respect to your political career. This is about your life, Keith. Your freedom.

[01:25:37]>> My life is my political career, Elellanar. You know that. And it's over if I accept a homicide conviction.

[01:25:44]>> As convincing as you are, to get a jury to believe that you ran in their shooting in self-defense.

[01:25:51]>> You don't believe it?

[01:25:53]I do, but I know you. The 12 people in that box.

[01:25:59]>> Are you telling me we cannot win this trial?

[01:26:02]>> I am not telling you that.

[01:26:03]>> And isn't it possible the manslaughter deal could still be available during trial?

[01:26:08]>> That is certainly possible. But >> then I want to try. Let's see how the trial goes. Then >> if the prosecution's case goes well, this deal will be off the table.

[01:26:23]18 months, Keith.

[01:26:26]You killed a man.

[01:26:27]>> It was mistaken self-defense.

[01:26:30]The prosecution knows they can't disprove that. That's why the manslaughter is being offered.

[01:26:37]We go to trial.

[01:26:39]>> You understand the risk?

[01:26:41]>> I do.

[01:26:43]Let's go to trial.

[01:26:55]If you didn't get your courtroom passed 3 weeks ago and without media credentials, you'd have to know somebody to get one, you won't be sitting in division 3 in the Suffuk Superior courthouse. Not today or any day in the near future. It's not just because it's a murder trial or that it involves a state senator or even that two of the opposing lawyers are roommates.

[01:27:16]It's because of that burning question this trial will attempt to answer. The question that this entire city has for two months now been asking on every street corner, in every barroom, at every dinner table. What was Senator Ellison really thinking when he fired that gun? Did he believe his wife's life was in danger? Or was the shooting an act of vengeance? The prosecution has vowed to put in a short case. The facts not really being in dispute. Every legal analyst agrees the trial will come down to Senator Ellison's testimony and the cross-examination by Helen Gamble, which figures to be extremely tough.

[01:27:59]Let's go.

[01:28:17]Senator, this is Senator Senator Alison issues This trial Trial is not about who shot and killed James McNam.

[01:29:12]The defendant did that. There's no dispute there.

[01:29:16]This trial is about why he did it. Now, the evidence will show conclusively that the defendant discovered his wife making love to the victim and in an act of anger and revenge murdered Mr. Mcnown.

[01:29:31]The evidence will show the defendant then sought to cover up his crime, that he either destroyed or tampered with evidence in an attempt to get away with this murder.

[01:29:42]There's an old saying in the medical profession.

[01:29:46]When you hear hoof beatats, don't think zebra.

[01:29:50]Now, this means instead of looking for some exotic, far-fetched diagnosis, just see the obvious.

[01:29:58]In this trial, ladies and gentlemen, the Commonwealth will only be asking you to see the obvious.

[01:30:05]The defendant murdered the man sleeping with his wife.

[01:30:22]I agree with the district attorney. This trial is simply about why Senator Ellison fatally wounded the stranger in his house.

[01:30:33]To answer that question, you'll need to get into the head of Senator Ellison.

[01:30:39]You'll need to imagine coming home late at night and hearing the sounds of a struggle coming from your bedroom. You will need to fathom the panic knowing your spouse was home alone this night.

[01:30:54]You will have to appreciate the fear that can suddenly consume you at the thought the thought that the person you love is being raped or possibly killed in the next room.

[01:31:07]Can any of us truly presume to know what that must be like? Have any of us ever had to listen to the sounds of a husband or wife being attacked by an intruder?

[01:31:20]The evidence will show what happened that night is that Senator Ellison went racing into that room to protect the woman he loved, the mother of his daughter, Allison. He charged in there with a gun in a state of panic, fear, horror to see an intruder on top of his wife and he fired.

[01:31:45]Turns out he got it wrong.

[01:31:50]It was mistaken selfdefense.

[01:31:55]That will be the evidence because it's the truth. And as you listen to the facts, the testimony, the witnesses, remember the prosecution's entire case, all of it, the reason we are even here is their presumption. They know what was going on in Senator Ellison's mind. Of course that's impossible.

[01:32:21]Impossible for them to know.

[01:32:24]Impossible for you to know.

[01:32:27]All the Commonwealth can really do is ask you to imagine.

[01:32:34]And we will be making that very same request.

[01:32:41]Imagine That's how he looked when we got there.

[01:32:59]>> Who else was there when you arrived, detective?

[01:33:01]>> The defendant, Mrs. Ellison, the daughter, Allison, and the defendant's attorney, Miss Frutt.

[01:33:06]>> The attorney was there before the police.

[01:33:08]>> That's correct.

[01:33:09]>> Who called the police?

[01:33:10]>> Miss Frutt. Was there ever a 911 call placed from the residence?

[01:33:15]>> No, there was not.

[01:33:16]>> After you finally got there, at some point you decided to place the defendant under arrest for murder.

[01:33:22]>> Yes.

[01:33:22]>> Why?

[01:33:23]>> It was a single gunshot wound to the head from a fairly close range, resembling an execution style.

[01:33:27]>> Objection, >> sustained. The gun was found on the scene. It belonged to the defendant.

[01:33:33]>> Did you check it for fingerprints?

[01:33:34]>> It had been wiped clean of any fingerprints. Did you subsequently do any tests on the defendant to determine if he had held the gun?

[01:33:41]>> Yes, we did what is known as a trace metal test, which basically indicates whether or not a person has recently held a firearm.

[01:33:48]>> And what were the results of this test?

[01:33:49]>> They were negative.

[01:33:51]>> Well, now I'm confused because the defendant subsequently admitted that he had held and fired the gun.

[01:33:58]>> We believe that he either wiped the residue off or he was wearing gloves. So before he ran to get the gun, he first ran to go put on a pair of gloves.

[01:34:06]>> Objection. Speculation.

[01:34:08]>> Overruled. He can state his opinion. We think he was going to hide his ID as the shooter, then changed his mind and went to self-defense.

[01:34:17]>> When you arrived, detective, how was the defendant dressed?

[01:34:20]>> He was showered, wearing freshly laundered clothes. The clothes he had previously been seen in were in the washing machine.

[01:34:25]>> The washing machine? Was that on when you arrived? No, but uh judging from the heat on the surface of the machine, we determined that it had been on within the previous 40 minutes.

[01:34:35]>> So after the shooting, the defendant did a load of laundry.

[01:34:40]>> Seems so.

[01:34:42]>> After a shooting at this range, it's likely there would be some blood splattered on Senator Ellison. Isn't that right, detective?

[01:34:47]>> Yes.

[01:34:48]>> Isn't it also likely, detective, that a person might not want to stand around in bloody clothes?

[01:34:54]>> That's possible. And if one were to take off bloody clothes, what would one likely do with them? Fold them up, put them back in the drawer?

[01:35:00]>> Objection.

[01:35:01]>> Withdrawn. It's your testimony, detective, that because my client washed his clothes, that made him suspicious.

[01:35:08]>> Yes. It's one thing.

[01:35:09]>> You've answered the question. Thank you.

[01:35:10]You also testified that he taken a shower, >> which I also found suspicious.

[01:35:14]>> Preposterous to think that a person splattered with blood might want to wash himself.

[01:35:19]>> I found it a little preposterous that he would shower and do laundry before even calling the police. Yes. Oh, you know he did those things before Miss Frret called the police.

[01:35:27]>> I know he did them before we arrived.

[01:35:29]>> That wasn't your statement, detective.

[01:35:31]Your conclusion was he did them before you were called. Can you state that to a conclusion, detective?

[01:35:37]>> No.

[01:35:37]>> So, this was a conclusion you just leapt to.

[01:35:40]>> No.

[01:35:41]>> You just took the evidence found and made it fit with your theory.

[01:35:44]>> Objection. Argumentative.

[01:35:46]>> Sustained.

[01:35:47]>> Ever known it to be the case, detective, where one holds the gun, shoots it even, and the trace metal test comes up negative. Very unlikely.

[01:35:54]>> Ever known it to happen, detective?

[01:35:57]>> Yes.

[01:35:57]>> And if one were to take a shower, detective, would that make it more or less likely for the trace metal test to come up negative?

[01:36:05]>> Washing the hands doesn't >> My question, detective, is would showering make it more or less likely for the trace metal test to come up negative?

[01:36:16]I would say more likely. But >> so it's likely my client didn't wear gloves like you think.

[01:36:24]>> That's possible.

[01:36:26]>> Thank you, detective.

[01:36:30]>> I thought you crossed him. Well, >> we still got to deal with no fingerprints. Why the gun was wiped clean?

[01:36:35]>> Marca covers that in her testimony.

[01:36:37]>> That was a weak opening for the prosecution. I'm surprised they led with that.

[01:36:41]>> What else have they got?

[01:36:42]>> Who's next? Jason Pearl Mutter, former aid to the senator.

[01:36:45]>> I'm ready for him. What did the consultant say?

[01:36:48]>> Maguire did come off credible and phoning the lawyers before calling the police didn't go over well. They thought you were a little aggressive.

[01:36:57]>> What else?

[01:36:58]>> That's basically it. They thought you did a good job poking holes, but Magguire still seemed reasonable and ultimately they believed him.

[01:37:05]>> You got to take care of Pearl Mutter.

[01:37:10]Something was bothering him the whole week.

[01:37:12]>> The week before the shooting.

[01:37:14]>> Yes. Senator Ellison is typically a very affable person and rather easygoing for somebody with a stress of his kind of work. But in the days before the shooting, something was troubling him.

[01:37:25]>> How are you in a position to notice all this, Mr. Pearl Mutter?

[01:37:28]>> I was his aid. I was typically with him 12 hours a day.

[01:37:31]>> Did you ask him what was wrong?

[01:37:33]>> Objection, hearsay.

[01:37:34]>> Declaration against interest.

[01:37:36]>> I'll allow it. Did you ask him, sir?

[01:37:38]>> Yes, he indicated it was stuff at home.

[01:37:41]>> And you took that to mean >> problems with his marriage.

[01:37:44]>> How did you come to take it that way?

[01:37:46]>> Well, he would indicate that he and his wife would go through bouts of estrangement. And after working for him for 11 years, I developed a pretty good barometer for detecting when things weren't going well.

[01:37:57]>> And the days before the shooting, this was one of those times in your opinion?

[01:38:01]>> Yes.

[01:38:05]Are you a psychologist?

[01:38:07]>> No.

[01:38:08]>> Did Senator Ellison tell you he was having troubles with his wife?

[01:38:11]>> No, not specifically.

[01:38:13]>> But you have a barometer.

[01:38:15]>> He said stuff at home.

[01:38:17]>> And you just took that to mean problems with the wife.

[01:38:20]>> I had also seen them together many times, Ms. Frutt, and witnessed the arangement.

[01:38:25]>> He has a daughter, Allison. Did you know that?

[01:38:27]>> Of course.

[01:38:28]>> Did you know that she was arrested for possession of marijuana last year?

[01:38:33]No.

[01:38:33]>> So stuff at home goes on that you don't know about. Isn't that right, Mr. Prutter?

[01:38:38]>> I never laid claim to knowing everything that goes on in his household. Of course not.

[01:38:42]>> So when Senator Ellison said stuff at home, you were only guessing that it involved his wife, weren't you, sir?

[01:38:48]>> Again, after 11 years of working with the man, >> you've got that barometer.

[01:38:52]>> Objection.

[01:38:53]>> Sustained.

[01:38:58]>> Nothing further.

[01:39:01]You're in some trouble.

[01:39:03]>> Why?

[01:39:04]>> Well, you're asking them to believe he shot a man by mistake who just happened to be sleeping with his wife at the time, >> which is what happened.

[01:39:10]>> Maybe so, but for the jury to believe it, everything has to be going our way.

[01:39:15]With the suggestion of marital troubles, it just makes it a little hard to believe that Keith didn't have some inkling of what was going on.

[01:39:21]>> Is that what the consultants think?

[01:39:23]>> It's what I think.

[01:39:24]>> Who's up next?

[01:39:26]>> Candace Levy. She's just to help establish the affair, which since nobody's arguing, I don't know why they're still bothering to call her.

[01:39:33]>> They're calling her to set the idea. The more people who knew about it, the more likely the senator knew about it.

[01:39:38]>> Well, there's nothing she can say that will really hurt us. And besides, she's the only one who seemed to know about it.

[01:39:43]>> Who's after that?

[01:39:44]>> They still might call Allison to establish a time frame.

[01:39:47]>> She's not going to give them any help.

[01:39:49]They won't dare call her.

[01:39:55]It might be worth calling her.

[01:39:57]>> Why?

[01:39:58]>> Well, it was so obvious before that she was lying to protect her father. If it's that obvious to a jury, it's got to work in our favor. All we got to do is catch him in one lie. Even if it's the daughters.

[01:40:08]>> Now, Helen, they're planning to call her. That means they prepped her for cross. It's too dangerous.

[01:40:14]>> Are you ready with Levy?

[01:40:16]>> Yes.

[01:40:18]You hear what they're calling us on the news? The steam team.

[01:40:22]>> Why is that?

[01:40:23]>> I don't know. Maybe because they think I'm hot and steamy and you cuz you're sitting next to me.

[01:40:33]>> Must be it.

[01:40:36]You like being on the news, huh?

[01:40:38]>> If it gets me noticed by some rich admirer who whisks me off to Fiji to lick caviar off my thighs, I can't beat that. You ever notice how in a big trial, any place far off seems pretty good?

[01:40:54]>> Think we'll get him?

[01:40:56]>> I hope so.

[01:40:59]I keep hearing that press conference in my head.

[01:41:03]The man is good.

[01:41:13]All in all, it wasn't a terribly powerful day for the prosecution, but the consensus is it didn't need to be.

[01:41:20]Though technically the burden is on the state, most experts feel that burden has really shifted to the defense in this case.

[01:41:28]>> I'm getting a bad feeling, Bobby.

[01:41:30]Anything on the table?

[01:41:31]>> No, >> we haven't even put in our case yet.

[01:41:34]>> Our case?

[01:41:35]>> Well, a big part of it is Marsha's unflinching support, which isn't so great.

[01:41:39]>> She'll say what she needs to say.

[01:41:42]I got a bad feeling.

[01:41:49]>> It was an office party in honor of one of the vice presidents who was retiring.

[01:41:53]Mr. Mcdown was there. So was Mr. Ellison with his wife.

[01:41:58]>> What's your position, Miss Levy?

[01:42:00]>> I'm the head of accounting.

[01:42:01]>> And who was your direct superior?

[01:42:03]>> It was Mr. Mcnown. He was chief financial officer.

[01:42:07]>> Did you know Mrs. Ellison?

[01:42:09]>> Yes. She also works at Reynolds. I never dealt directly with her.

[01:42:13]>> Miss Levy, calling your attention to the night of the office party in July, did you have occasion to observe either Mr. Mcnown or Mrs. Ellison?

[01:42:21]>> Yes, I observed them both when they sort of darted into his office.

[01:42:25]>> They darted?

[01:42:26]>> Well, they went in rather quickly.

[01:42:29]>> What did you see next?

[01:42:30]>> Well, I didn't exactly see anything, but I'm ashamed to admit I did little eaves dropping by the door.

[01:42:38]>> Any particular reason you would do that?

[01:42:40]Well, I suspected there was something going on between them.

[01:42:44]>> Why?

[01:42:44]>> Just body language when they interacted.

[01:42:47]I could tell.

[01:42:49]>> Now, while you were doing your easedropping by the door, what, if anything, did you hear?

[01:42:53]>> Not too much because the party was rather loud, but I could hear she was angry. And I heard her say, "It has to stop." And she sounded angry.

[01:43:03]>> Did you hear anything else?

[01:43:04]>> No, that was all I heard. A few seconds later, she kind of huffed out and I looked in. He seemed very upset.

[01:43:13]>> Miss Levy, did you ever have the opportunity to hear any conversation between Mr. Mcnown and the defendant?

[01:43:21]>> Yes. That same night >> at the party?

[01:43:26]>> Yes. After Mrs. Ellison left Mr. Mcnown's office, about a minute later, I saw him go in.

[01:43:32]>> The defendant?

[01:43:33]>> Yes.

[01:43:34]Did you hear what if anything was said?

[01:43:37]>> The senator was also very upset and I heard him say something like, "I will not be humiliated."

[01:43:44]He said it twice. "I will not let myself be humiliated." Those were his words.

[01:43:49]>> Then what?

[01:43:50]>> He stormed out.

[01:43:51]>> Miss Levy, are you positive that this was July 10th, 2 days before the shooting?

[01:43:57]>> Absolutely positive.

[01:43:58]>> Thank you, Miss Levy. Nothing further.

[01:44:06]Miss Libby, you and I had a conversation about the events at this party, did we not?

[01:44:12]>> Yes.

[01:44:13]>> I asked you if you had any reason to suspect a romantic relationship between Mrs. Ellison and Mr. McN.

[01:44:20]>> Yes, you did.

[01:44:22]>> You told me all about how Mrs. Ellison went into Mr. Mcnown's office.

[01:44:26]>> That's correct. Same as I've said here.

[01:44:28]>> Yes. Well, did you ever tell me you saw the defendant go into Mr. Mcnown's office?

[01:44:34]>> I don't believe I did.

[01:44:35]>> Why is that, Miss Levy?

[01:44:37]>> You didn't ask.

[01:44:50]>> Mr. Senator, did you know It's unfair surprise that testimony.

[01:45:05]>> It isn't unfair surprise. She was on their list.

[01:45:07]>> Not to say that she didn't.

[01:45:08]>> It isn't unfair surprise. It was a screw up and it was yours, Jimmy. How could you miss?

[01:45:13]>> Hey, she was lying. They put her up there to lie.

[01:45:25]Was she lying, Keith?

[01:45:33]You knew.

[01:45:35]You knew about the affair.

[01:45:41]>> So, you murdered him.

[01:45:42]>> Eleanor, >> I am talking to the client.

[01:45:45]>> I'm not interested in what the client has to say. If we plan to keep going with self-defense, you're not interested in anything the client has to say. Are we clear?

[01:45:57]Can you see if they're still willing to plea?

[01:45:59]>> I don't want to plea. I can't.

[01:46:01]>> Keith, they've got you. Can't. If >> I plead out after that testimony, I'm guilty to the word.

[01:46:05]>> You still worried about becoming governor? You can't.

[01:46:08]>> That woman doesn't know what she heard.

[01:46:09]She can't be sure.

[01:46:10]>> Don't be an idiot. There's still reason in everybody's mind. Shut up.

[01:46:33]All right. Look, there's not going to be any plea offered from the prosecution at this point. Our only course is to proceed with self-defense.

[01:46:42]We argue that the woman heard it wrong.

[01:46:44]It was a loud party. She had certain predispositions and she heard what she wanted to hear.

[01:46:51]You will have to account for what she thinks she heard in your testimony.

[01:46:54]Your testimony stays the same. You will go up first to describe your father's calm, pleasant demeanor as he came home that night. We tell the truth. This is not over. It will be if we fall apart.

[01:47:12]I'll check with the clerk to see when we go back.

[01:47:18]Obviously, this was a devastating setback for the defense. If Senator Ellison in fact knew of the affair, he's hardressed to convince the jury he thought his wife was under attack when he went running in with the revolver.

[01:47:43]>> You've been watching this. Is there any sense in the courtroom? I know this is out there, but is there any precedent set for changing the plea to insanity this late in the game?

[01:47:52]>> No, the judge would never allow it.

[01:47:57]>> Where's Jimmy?

[01:47:58]>> Conference room.

[01:48:00]>> Elanor, I know you're dejected, but the jury cannot see the face I'm looking at right now.

[01:48:13]Remember his press conference? If he's great on the stand. Who Who knows?

[01:48:20]One more thing. This may not be the time, but I'm going to say it anyway. I don't ever ever want to hear you attack a member of this law firm in front of a client again. Never mind the disrespect to Jimmy. We don't need to be inviting malpractice claims.

[01:48:50]Mistakes happen, Jimmy. No point in dwelling on it other than to make sure it doesn't happen again.

[01:49:19]We plan to be making any statements.

[01:49:31]>> Stay back. Stay back.

[01:49:34]We have an extremely difficult decision here. We need you to listen to us and consider this carefully.

[01:49:43]Your fate is obviously in your hands.

[01:49:46]Now, for your testimony, you can maintain self-defense. For anybody else, I would consider that ludicrous. But you have a gift when it comes to persuasion.

[01:50:01]Personally, I think it's rabbit out of the hat time, but juries are loathed to convict celebrities sometimes.

[01:50:11]Now, there is an alternative, >> which is >> you could do a big mayulpa, admit that you acted in a fit of rage.

[01:50:23]>> And what would be the purpose of that?

[01:50:24]>> I think the jury might believe it and you'd have a shot at manslaughter. If you stick to a story the jury perceives to be a lie, our fear is they would hit you with murder one.

[01:50:33]>> The difference is six years versus life without parole.

[01:50:41]>> Those are not choices. Elellanar, >> you didn't leave us with many. Keith, >> you people have pulled miracles before.

[01:50:49]>> Not when >> I can't go before the public and say I lied. Keith, we're not talking about reelection anymore. We're >> I want my miracle.

[01:51:10]It's not coming. Keith, now tell us what you want to do.

[01:51:26]I'm going to take the stand and I'm going to testify that I acted in self-defense.

[01:51:33]>> You're going to go to prison.

[01:51:35]>> No, I'm not.

[01:51:37]>> No, I'm not.

[01:52:23]You remember how we used to talk shit?

[01:52:24]Shakespeare who our favorite tragic heroes were.

[01:52:30]>> You're about to tell me I've become your favorite tragic hero.

[01:52:35]>> Our friendship kind of waned a little, Keith.

[01:52:39]I became a blight. The unseammly defense attorney who represents rapists and murderers. Not great photo ops to be seen hanging around with me. I got it, Keith.

[01:52:49]>> That isn't true.

[01:52:51]>> Yes, it is.

[01:52:54]But nevertheless, you came to me, Keith, because for somebody charged with murder, there is no better friend in the world to have than me and my firm.

[01:53:08]You need to listen to the expertise you hired.

[01:53:14]If you stick with self-defense, it is my belief you will lose.

[01:53:22]If I tell them I lied, Ellaner, everything I worked for, it's over.

[01:53:29]>> Keith, you have a daughter you love, a wife >> who will leave me as soon as the trial ends. We both know that. And she'll try to take Allison with her.

[01:53:40]>> I can't win this.

[01:53:44]Yes, you can.

[01:53:48]All we need is one juror.

[01:53:54]People love me, Elanor.

[01:53:59]>> They love me.

[01:54:07]>> What's your >> Excuse me.

[01:54:17]Get away from me.

[01:54:21]>> Let's go. Come on. Give him. Let's go.

[01:54:26]>> What happened?

[01:54:27]>> He's digging in.

[01:54:29]>> Okay. We call Allison up and down and then we call Marsha.

[01:54:35]Are you okay to do this?

[01:54:36]>> I'm fine.

[01:54:38]>> Eleanor, I'm sorry.

[01:54:41]Jimmy, it's not your fault.

[01:54:45]>> Come on, we got to get in.

[01:54:50]>> How would you describe your relationship with your dad?

[01:54:54]>> Extremely close.

[01:54:56]>> Extremely close. Were you aware of any marital problems between him and your mom?

[01:55:01]>> They had fights. They would have difficult times and things would improve.

[01:55:06]>> Was that difficult on you?

[01:55:08]>> Sometimes. Did you ever talk about it with your father?

[01:55:12]>> Yes.

[01:55:14]>> Did he ever talk about what he thought were the problems between your mother and him?

[01:55:20]>> Yes.

[01:55:20]>> Did he ever reveal an awareness to you about your mother's affair with Mr. McN?

[01:55:25]>> Never.

[01:55:27]>> Now, Allison, given your relationship with your father, do you think he would have told you about this affair?

[01:55:33]>> I do.

[01:55:34]>> Do you have an opinion as to whether he knew about this affair? My opinion is that he did not.

[01:55:42]>> Calling your attention to the night of the shooting, could you please tell us what happened from your perspective?

[01:55:49]>> Well, the movie we'd gone to see was sold out.

[01:55:55]So, we came back home.

[01:55:57]We came into the house. Dad went to the family room. I headed upstairs.

[01:56:05]And that's when I heard them. Heard who?

[01:56:09]>> My mother and Mr. Mcnown.

[01:56:14]>> You heard them?

[01:56:16]>> They were in her bed doing what they usually did when Dad and I were out of the house.

[01:56:22]>> Wait a second. You knew it was Mr. Mcnown?

[01:56:26]>> My father didn't know about the affair, but I certainly did.

[01:56:32]>> Well, when you heard them that night, you didn't tell your father? No, >> you just went back to your room >> eventually.

[01:56:43]>> Eventually.

[01:56:45]>> First, I got the gun and I shot Mr. Mcnown.

[01:56:52]>> Your honor, >> Chambers.

[01:57:00]>> I had no idea she was going to say that.

[01:57:02]None of >> I don't believe it for a second.

[01:57:04]>> Let me talk here. Did she ever suggest to you she was the shooter?

[01:57:09]>> No.

[01:57:09]>> She just lied to get her father home.

[01:57:11]>> Mr. Low, let me conduct this session, please.

[01:57:13]>> Your honor, none of us saw this coming.

[01:57:16]>> She previously had given a statement that she went to her room and she heard the shots. This was blatant perjury.

[01:57:22]>> Maybe it was. But your only remedy for this trial is rigorous cross, Miss Gamble. What else can we do?

[01:57:29]>> I'll make a deal with her right now.

[01:57:30]I'll drop all perjury charges in exchange for admitting her lie. She's got an out. Well, even if she were to agree to that, I'm not sure it's in the senator's interests, >> which is why you shouldn't be representing the daughters.

[01:57:41]>> I don't disagree with that either at this point. But the fact is I am. And we have a situation.

[01:57:46]>> The situation is you have an ethical obligation to take the offer to your client. We dropped the perjury in exchange for her recanting. Otherwise, she's going to be taken from that courtroom into custody.

[01:57:56]>> Not in front of the jury. She's not.

[01:57:57]>> There's no statuto minimum, Bobby. She could get 20 years.

[01:58:00]>> That's enough. You have an offer to take to the girl. If she refuses, your recourse is to try to impeach her on the stand and then arrest her post verdict.

[01:58:10]You, you, and you. I want your barcards by the end of the day.

[01:58:15]>> Excuse me?

[01:58:16]>> I'll hold them in escrow. If it turns out what just happened in there was one of those stunts you people have become infamous for, you will lose him forever.

[01:58:25]That's my promise.

[01:58:32]Sir, >> you have just committed a very serious offense.

[01:58:36]>> What? Telling the truth under oath?

[01:58:38]>> Oh, that's the truth. That's >> Ellaner.

[01:58:44]I'm willing to plead guilty.

[01:58:47]>> You want to plead guilty now?

[01:58:50]>> Make the deal, >> Senator. Right now, you actually have a shot at a quiddle. You want >> Just do it. I'm not going to let my daughter take the fall. Can >> I talk? No, I think you've talked enough for one day. Allison, >> somebody correct me if I'm wrong, but I probably just gave you reasonable doubt.

[01:59:09]So, >> you also confessed, Allison, they might try you for murder.

[01:59:13]>> And I'll just say my confession was a lie to save my father. If he's acquitted, they can't try him again.

[01:59:20]>> He may be safe, but it's a pretty big risk for you. And even if you beat murder, they get you on perjury.

[01:59:25]>> 14-year-old girl trying to save her daddy.

[01:59:29]Something tells me I wouldn't go to jail for too long.

[01:59:32]>> Don't count on it.

[01:59:39]>> Are you really so sure I committed perjury, Mr. Donald?

[01:59:52]>> You're both covering for her. I want to plead guilty.

[01:59:56]>> Let's take a step back. I'm the client here.

[02:00:00]I want to plead guilty conditioned on nothing happens to Allison. And I get to hold a press conference, not in custody.

[02:00:09]Those are my terms.

[02:00:12]Take it to the DA.

[02:00:15]>> Bobby, can you take Allison and Marcia out the back door? I'd like to talk to Keith.

[02:00:21]>> Why?

[02:00:21]>> I just need a second.

[02:00:25]>> Let's go.

[02:00:43]If there is anything you are more committed to than your political career, it is your daughter.

[02:00:53]Is she taking the wrap for you or have you been taking the fall for her all along?

[02:00:59]I instructed you to plead guilty.

[02:01:02]>> Are you going to answer my question?

[02:01:08]Make the deal.

[02:01:17]manslaughter >> and no charges brought against the daughter on anything. Plus, he gets to hold a press conference before you take him off.

[02:01:23]>> Excuse me.

[02:01:24]>> He wants to make a statement.

[02:01:26]>> The question isn't do you think I'm an idiot? It's how big of an idiot.

[02:01:29]>> Helen >> Bobby, this was your plan all along.

[02:01:32]>> It was not.

[02:01:32]>> If you think I'll allow you to use perjury to bolster your bargaining position.

[02:01:36]>> That was not our plan. And I'm offended by your suggestion.

[02:01:40]>> Get out, >> Helen. I will not entertain any discussion. Bobby >> Helen, you wait outside for a second.

[02:01:53]>> I don't like this any more than you do, but the fact is they've got reasonable doubt.

[02:01:56]>> When I get done crossing her, there's no >> No, we have no eyewitnesses. Another person taking credit for the crime. A very charismatic and persuasive defendant. We're in the crapper. And right now, you're blinded by anger. It sucks. No question we're having our hand forced by perjury, but the likelihood is is that this was manslaughter. He flipped out and he shot the guy and we would be crazy to walk away from this deal.

[02:02:23]We can't risk a straight acquitt. We just can't. I'm going to accept it.

[02:02:39]It's absolute madness in the corridor.

[02:02:41]The unconfirmed reports are a plea has been reached.

[02:02:44]>> Do we know what it is? Nobody calls.

[02:02:47]>> I'm informed now they're in court and Judge Finkel is in fact being presented with the plea, which I'm now being told is a manslaughter conviction.

[02:03:05]Defendant will please rise.

[02:03:10]>> You understand, Mr. Ellison, that you are pleading guilty to a homicide?

[02:03:14]>> Yes.

[02:03:15]>> And by pleading guilty to manslaughter, you are agreeing not to appeal and that you will serve a sentence not less than 6 years in state prison.

[02:03:23]>> Yes, your honor.

[02:03:25]>> Council, you are recommending this agreement to your client. Your client understands the terms and accepts them.

[02:03:31]>> Yes, your honor.

[02:03:32]>> Plea is accepted. So ordered by the court. Baleiff, take the defendant into custody.

[02:03:38]>> Your honor, pursuant to the plea, my client gets to make a statement. The area set up in the corridor.

[02:03:44]>> Security will escort the defendant to the microphones and then into custody.

[02:03:48]We are adjourned.

[02:03:54]>> Keith, I've got to know. It's all over now. So just tell me.

[02:04:02]>> I have to make my statement.

[02:04:12]>> We are not at all satisfied with this outcome. We believe this was a secondderee murder, possibly first. We accepted this plea because we fear the perjury committed by the daughter could have severely compromised our case.

[02:04:26]This is a terrible day. We just made the best deal we could.

[02:04:38]I would certainly agree with Miss Gamble that this is a terrible day.

[02:04:44]For whatever reason, my daughter Allison, in a misguided effort to protect her dad, tried to mislead the jury as to what happened that night.

[02:04:53]What did in fact happen was exactly as I have maintained.

[02:05:00]I thought my wife Marsha was under attack and I was in fear for her life. I only accepted this plea of manslaughter because my conscience cannot permit allowing my daughter to accept any culpability for this act.

[02:05:16]>> Did I make a mistake? Absolutely >> true, Marca. Maybe I've learned something about the gun.

[02:05:23]>> You think you're helping Allison?

[02:05:26]>> She's going to end up as another teenage suicide and you know it.

[02:05:30]>> And if she is the shooter, >> I am going to eventually prove it.

[02:05:35]>> Murder.

[02:05:36]>> You represent her.

[02:05:37]>> As of now, I don't.

[02:05:40]>> You're her lawyer.

[02:05:41]>> Not anymore.

[02:05:44]>> You really think if Allison did this, I'd stay quiet? I don't know. You might not want her life ruined because of an affair you had.

[02:05:54]>> I never had an affair. Eleanor, >> excuse me.

[02:05:59]I say this now, client to attorney.

[02:06:04]The reason I told you they'd never be able to prove my affair with Jim Mcnown is because it never happened.

[02:06:10]Jim Mcnown had his affair with Keith.

[02:06:15]What? My husband is gay, Elanor.

[02:06:19]And you know the old saying, two things that'll kill a political career. Being caught with a dead woman or a live boy.

[02:06:29]Keith and Jim Mcnown were in that bed that night. That's why they found no semen on me.

[02:06:36]That's why they found no powder burns on Keith.

[02:06:39]And since Helen Gamble had to rule me out as a suspect in order to do the rape kit, she couldn't trace metal my hands.

[02:06:46]or test me for Potterburns.

[02:06:51]>> You killed him.

[02:06:55]>> That information is sealed up in privilege, counselor.

[02:06:59]There's nothing you can do now but sit on it.

[02:07:03]So, at the party, I confronted Jim Mcnown with the affair.

[02:07:08]And when he said he wanted to go public with it, that's when Keith was overheard saying he wouldn't stand to be humiliated.

[02:07:19]You all were so close.

[02:07:22]Spouse comes home with daughter, finds spouse in bed with another man, snaps, shoots.

[02:07:31]You just had the wrong spouse in bed and the wrong one with the gun. made a mistake. I will now serve time for that mistake.

[02:07:42]But I will come out of this stronger.

[02:07:45]My commitment to the Commonwealth of Massachusetts shall never wain.

[02:07:51]I'll pay my debt to the society I vowed to fight for, vowed to serve, and I'll be back to serve it.

[02:08:01]I felt your hearts with me during this trying time. And I won't forget your unflinching support.

[02:08:09]And my heart will stay with you.

[02:08:15]And I will be back.

[02:08:59]You stinker.

[02:09:34]You're number 218.

[02:09:36]>> Yes. I thought I was meeting Freddy.

[02:09:39]>> No, Freddy works for me, but I gave him the day off and said Herman.

[02:09:44]>> Jimmy.

[02:09:47]>> Well, my condolences, Jimmy.

[02:09:51]What the Steelers did to you ought to be against the law. Cruel and unusual punishment.

[02:09:56]>> You see the game?

[02:09:58]>> Of course you saw it. $5,000 Ouija. You got a pulse. You're going to watch the game. That interception killed me. It's >> why I don't bet.

[02:10:08]>> I have a good portion of the money.

[02:10:10]>> Yeah, I would have gone with the Steelers, too. What are you kidding?

[02:10:12]Getting eight and a half. But now with the Steelers and the losers on the Falcons and the Rams and the Bears and the Niners, plus what you didn't get to Freddy last week.

[02:10:26]>> I have 7,000. Uh, >> which means you owe what? 27 more. which I will have by the end of the week.

[02:10:35]>> You're two weeks late now.

[02:10:37]>> I'm going to borrow some money from my retirement account, but it takes a couple of days. And I got to call into a cousin of mine in Worcester. Guy owns like 12 parking lot.

[02:10:45]>> I got another idea.

[02:10:48]>> Okay, sure.

[02:10:52]>> You're a lawyer, right?

[02:10:55]>> Yes. I mean, did I tell Freddy?

[02:10:59]>> My proposal is this. You provide some legal services and your debt goes away.

[02:11:08]>> What sort of uh legal services?

[02:11:12]>> My ex-wife is trying to rob me.

[02:11:16]>> Will you be my lawyer, Jimmy?

[02:11:26]Heat.

[02:11:45]Hey, Heat.

[02:11:50]Wow.

[02:12:11]>> It's decaf, Lucy.

[02:12:12]>> It's not.

[02:12:13]>> I can tell when it's decaf.

[02:12:14]>> It's regular.

[02:12:16]>> You know, I find on trial days, I don't need caffeine. Listen to you. The office coffee hog telling me that >> what?

[02:12:21]>> You might as well hook up an IV.

[02:12:22]Rebecca, >> I take my share no more.

[02:12:25]>> Lindsay, that was Martin Jinx's mother.

[02:12:28]She's still in Hartford.

[02:12:30]>> Excuse me.

[02:12:31]>> She couldn't get the day off.

[02:12:32]>> Her son goes on trial for attempted murder. She can't get the day off.

[02:12:35]>> I thought you were going to plead.

[02:12:36]>> He wouldn't let me.

[02:12:37]>> Don't tell me.

[02:12:39]>> He's innocent.

[02:12:40]>> He is.

[02:12:46]>> Morning. Still morning?

[02:12:49]>> Sorry I'm late. That uh personal matter of mine went a little longer than I thought.

[02:12:55]Bobby, you got a minute?

[02:12:57]>> Sure.

[02:13:02]>> What's up?

[02:13:05]>> Deposition in the Sandler case got pushed. They're saying beginning of next month.

[02:13:14]>> That's what you need a minute for?

[02:13:17]Bobby, I was asked to do some pro bono work, which I really need to do.

[02:13:24]>> What's wrong?

[02:13:26]>> Um, I'm in a little bit of a jam and I need to do a guy a favor.

[02:13:34]>> I'm listening.

[02:13:38]>> The guy's my bookie.

[02:13:41]I don't gamble anymore. Trust me, you do not have to worry about that because I have definitely learned my lesson.

[02:13:50]>> What do you owe?

[02:13:52]>> 27,000.

[02:13:58]>> It started small to to make the games more interesting. That's all. Last season, I did okay. Better than okay.

[02:14:07]Started thinking I knew what I was doing.

[02:14:12]What's the case?

[02:14:16]>> His ex-wife is suing him for fraud. He won the lottery. She's claiming he didn't tell her.

[02:14:22]>> Lottery for how much?

[02:14:25]>> 100,000.

[02:14:26]He says he bought the ticket with separate funds. The lottery commission's holding all the money until the ownership issues are resolved. Anything I can get him over 70 comes off my tab.

[02:14:39]It's one day's work, two at the most.

[02:14:48]She did everything right. She stayed calm. She avoided eye contact. And she gave up the money without a fight. He shot her anyway.

[02:14:59]It's a miracle she didn't die.

[02:15:01]>> When did you arrive on the scene, detective?

[02:15:04]>> Within minutes. There was another woman at the store, an eyewitness, Martha McKe. She's the one that called 911.

[02:15:11]>> What happened after you arrived?

[02:15:12]>> Well, we got a description of the shooter from Mrs. McKe. Uh, we pulled a surveillance tape and started canvasing the area. We found the defendant less than two blocks away.

[02:15:21]>> What was he doing?

[02:15:23]>> Sitting on a stoop drinking beer with some of his friends. He was dressed just like on the tape. Same sweatshirt, everything.

[02:15:30]>> What did you do next, detective?

[02:15:32]>> Placed him under arrest and searched him. We found $580 in his pocket.

[02:15:37]>> This witness, Mrs. McKe, did she attempt to make a formal identification of the suspect?

[02:15:42]>> Yes, we showed her a photo six-pack.

[02:15:48]>> This one?

[02:15:50]>> Yes. She positively identified photo number two as the man who shot the clerk.

[02:15:54]>> And whose photograph is in the number two slot?

[02:15:57]>> Photo number two is him, the defendant, Martin Jinx.

[02:16:03]The clerk who was shot, did she identify my client?

[02:16:06]>> No, she couldn't make any identification.

[02:16:09]>> None at all.

[02:16:09]>> She knew it was a white male, that's all.

[02:16:12]>> When you found my client, detective, did you find a gun on him?

[02:16:15]>> No, we never found a weapon.

[02:16:17]>> Any fingerprints at the scene?

[02:16:19]>> He was wearing gloves.

[02:16:21]>> Did you find the gloves?

[02:16:23]>> No.

[02:16:26]>> It went good, didn't it?

[02:16:29]>> Well, it looked like you on the tape.

[02:16:31]look like me. Half my block has a sweatshirt like that.

[02:16:34]>> It's not just the sweatshirt, Martin.

[02:16:35]They've got that witness >> who's wrong.

[02:16:37]>> Wrong but unequivocal.

[02:16:40]>> And she's a pretty credible person.

[02:16:42]Selectman, school committee member, and braint tree along.

[02:16:45]>> She's wrong.

[02:16:48]>> Okay, you need to calm down.

[02:16:51]Here's the problem. If I put you on the stand, the jury could learn about your record.

[02:16:56]>> But for getting high, stealing some CDs.

[02:16:58]I don't take off stores with guns. I don't shoot people. I believe you.

[02:17:03]But I'm telling you, I met with this witness. I talked to her myself.

[02:17:09]I'm worried that the jury will take her word.

[02:17:11]>> Well, that can't be enough to put me in jail.

[02:17:13]>> It is enough. She's an eyewitness.

[02:17:16]And throwing the hooded sweatshirt, the cash in your pocket.

[02:17:18]>> I told you I earned that money busting tables downtown in >> an off the books job for 200 a week. You were carrying $600.

[02:17:31]These are the questions you will be asked.

[02:17:38]All the money I got I carry. It just it makes me feel big. You know, so why all of a sudden do you think I'm going to lose? Tell me that.

[02:17:52]>> Sometimes you get a feel in the room and I just don't like the one I'm getting here. That police officer seemed pretty persuasive. I didn't like the way the jury was looking at you.

[02:18:01]>> But I didn't do anything.

[02:18:03]>> I know that.

[02:18:06]But if we lose, attempted murder is 15 to life.

[02:18:14]And your mother not showing up. That didn't help.

[02:18:23]Promise me I won't go to jail.

[02:18:27]I can't make that promise.

[02:18:30]Please let me try to plead. If I can get a reduced sentence, please.

[02:18:41]The problem is you bought the lottery ticket on July 18th. You won the money on the 22nd. The divorce became final on the 28th.

[02:18:55]Why? Why is this a problem?

[02:18:57]>> Legally, she's entitled to half.

[02:18:59]>> Yeah, but I I'm not hiring you for a legal opinion, Jimmy.

[02:19:03]You got to figure out how to keep her from getting any.

[02:19:07]>> We would have to show the ticket was bought with segregated funds.

[02:19:12]>> We've been over this. I told you I did.

[02:19:14]>> Yes, but your word >> I segregated the money aside in anticipation of the divorce. I bought the ticket with that money.

[02:19:23]>> I'm not sure the judge will believe that. And if he thinks you're trying to commit a fraud, he could give it all to her. That's what I'm most worried about.

[02:19:33]>> Listen to me. I already give her 6,000 bucks a month, more than I have to, >> which we will point out.

[02:19:40]>> Just to keep her yap shut about what I do, >> which we will not do know what she does all day. Gets her nails done and bangs her boyfriend. 6,000 bucks a month. This is how she shows her gratitude.

[02:19:55]>> I'd like to try to settle this.

[02:19:58]>> Why?

[02:19:58]>> Because I don't want it coming down to your demeanor or your word of honor.

[02:20:06]I got a meeting set up with her attorney. If I could get 60 for you, 40 for her, >> that does you no good.

[02:20:13]>> I understand that. But we got to look at what we're faced with here. The judge could give her 60/40. And if he should have given it all to her, >> I'll kill her first.

[02:20:29]>> Maybe that should be our strategy here.

[02:20:32]We tell her walk away for health reasons.

[02:20:38]>> Are you threatening her?

[02:20:39]>> I'm using you to intimidate her.

[02:20:42]>> Are you threatening her life?

[02:20:45]Of course not.

[02:20:55]Just get my money.

[02:21:07]>> You just take your time. All right. Keep your answers short and try to look at the jury.

[02:21:12]>> Is this attorney aggressive? She didn't seem so. She'll be tougher in court than when she interviewed you, but you just stick to what you saw and you'll be fine.

[02:21:20]>> Okay.

[02:21:21]>> All right. I'll see you at 8:45 tomorrow. Sharp.

[02:21:24]>> Okay.

[02:21:25]>> Come in.

[02:21:28]>> Oh, I'm sorry. I didn't know you were busy.

[02:21:29]>> No, it's all right. We're just finishing. I believe you know Martha McKe.

[02:21:32]>> We've met.

[02:21:32]>> Hello again.

[02:21:34]>> We'll see you tomorrow. 8:45.

[02:21:36]>> Okay.

[02:21:41]>> She's wrong about the ID.

[02:21:43]came here to tell me that >> she was scared to death. Probably focused on the gun. And we both know how unreliable eyewitnesses can be.

[02:21:51]>> Not bleeding out.

[02:21:52]>> He's got no priors for violence. And sitting less than two blocks away in the same sweatshirt. How stupid could he be?

[02:21:57]>> What about the cash? 600. That's >> He likes to carry cash. There's nothing illegal.

[02:22:01]>> No deal.

[02:22:04]>> Look, I've been doing this a long time and I'm not in the habit of believing all my clients.

[02:22:12]I think he's innocent.

[02:22:15]>> 12 years. That's the best I can do.

[02:22:18]>> Come in with five. I'll sell it.

[02:22:19]>> Well, I'm sure you would, but I'm offering 12.

[02:22:22]>> He's 19. 12 years in prison. He'll never recover.

[02:22:27]>> Can't do it.

[02:22:29]>> I'm asking a favor.

[02:22:32]>> I'm sorry.

[02:22:43]What's the settlement conference?

[02:22:44]>> 20 minutes.

[02:22:51]>> So, when did all this start?

[02:22:55]>> The gambling.

[02:22:57]I told you nickel and dime bets to make the games interesting.

[02:23:01]Then, you know, I upped it to make my life interesting.

[02:23:09]You get addicted to the risk, I guess.

[02:23:11]>> Which means you have to bet more than you can afford to lose.

[02:23:14]>> I ain't doing it anymore, >> Jimmy. If it's an addiction, >> my cousin's in one of those gambling anonymous clubs. Odds are I'll go.

[02:23:25]That was a joke.

[02:23:27]>> I'm not laughing. Hey, let's not forget how I got here. I falsified loan documents and got myself fired from a bank. That's my legacy. That's not your legacy.

[02:23:40]If you're trying to tell me you're not smarter than this, I don't buy it.

[02:23:46]I'm not gambling anymore. You have my word.

[02:23:54]Listen, I appreciate you not telling the others about >> Steuart Miller and client.

[02:24:09]>> Send them in.

[02:24:12]>> You okay to do this?

[02:24:14]Fine.

[02:24:22]Hello.

[02:24:23]Speaking when?

[02:24:34]Oh god.

[02:24:41]Yeah. Okay.

[02:24:48]How? Heart attack. She's just in my office. It happened on the drive home.

[02:24:52]She's DOA. And this was your eyewitness?

[02:24:54]>> Yes. My only eyewitness. But she hadn't testified. She's due up next.

[02:24:59]Any recorded testimony of any?

[02:25:03]I still got the videotape. We got the clothes. Maybe if I can sell them.

[02:25:07]>> No gun, no prints.

[02:25:12]Without that eyewitness, the judge will knock you out on a rule 25 before it even gets to the jury.

[02:25:20]>> Any chance you'll put the defendant up?

[02:25:22]She's too smart.

[02:25:25]I think we're dead.

[02:25:35]Does know the witness is dead?

[02:25:39]>> No, I don't think so. Certainly not for me.

[02:25:42]And there's still time. Plead it out.

[02:25:47]>> Excuse me.

[02:25:49]>> You heard me.

[02:25:51]>> Kenny, I I think I have to tell her.

[02:25:54]>> No, you don't. It isn't exculpatory evidence. You don't have to tell her anything about this.

[02:26:02]Plead it out quick.

[02:26:11]I think we can all agree if we can work this out amicably, it would save time.

[02:26:16]Oh, >> is that the goal here? That we all get amicable? That the purpose of the fraud is to bring us tight?

[02:26:22]>> This is her charming.

[02:26:23]>> Okay, this isn't a good start.

[02:26:26]>> Look, the legal reality here is not complicated. The lottery ticket was purchased before the divorce. The prize was won before the divorce. The money is marital property. Well, not if he bought the ticket with segregated funds.

[02:26:38]>> Do you have any records from any bank accounts that kept cash?

[02:26:41]>> You can't even lie. Well, >> all right. Anger isn't going to help things.

[02:26:45]>> Anger is all he left me with, Mr. Beluti. He divorced me because he won the lottery.

[02:26:51]>> That is not true, Sid. No, the marriage was dead. We We were no longer intimate.

[02:26:57]We didn't uh communicate.

[02:26:58]>> Communicate?

[02:27:00]You couldn't communicate that you won the lottery?

[02:27:03]>> You were a bitch. Hey, >> play the tape, >> Vicki. I'd really prefer >> Play the tape.

[02:27:13]>> What tape?

[02:27:14]>> This would be July 14th, shortly before the lottery. May I?

[02:27:19]>> What is this? I believe it speaks for itself.

[02:27:25]>> May I go ahead?

[02:27:28]>> You don't think I kept records of certain things? Sid, >> what's going on?

[02:27:42]This would be your client here with the uh female undergarments and that would be my client there with the um apparatus.

[02:27:57]My client from this angle is on top of your client right there.

[02:28:02]>> Turn it off.

[02:28:06]>> First of all, that isn't relevant.

[02:28:09]>> As distasteful as it is, Mr. Beerludy, I'm afraid it is relevant. Your client is claiming that the marriage was dead before the lottery. He's saying that there was no intimacy. Well, although admittedly unconventional, that was conjugal activity on that tape. And should this go to court, we will introduce it.

[02:28:27]>> I'll suppress it.

[02:28:28]>> I doubt it.

[02:28:32]>> Okay, here's the deal. I get 70 and you get 30. Just bend over and take it, Sid.

[02:28:40]You never minded before.

[02:28:50]>> Alan, these are the results of our polygraph. He passed convincingly.

[02:28:54]>> Come on, Lindsay. For all I know, you tested him 10 times and he passed once.

[02:28:57]>> I didn't. He's innocent, Alan. He stands to be convicted for wearing a green sweatshirt. He didn't do it.

[02:29:04]>> Look at his record for God's sake. He's never committed any kind of violent crime.

[02:29:13]>> I need a favor here.

[02:29:18]>> 5 years, five more probation. And he waves parole.

[02:29:21]It's the best I can do.

[02:29:30]>> I'm not doing 5 years.

[02:29:31]>> Martin, >> no.

[02:29:33]>> It's a good deal.

[02:29:34]>> Sending me to jail for something I didn't do. The guy who shot that woman is still out there. Don't they care about that?

[02:29:39]>> I don't care about him. I care about you. I don't want you doing 15 years.

[02:29:43]>> It's not the truth.

[02:29:44]>> Forget about the truth. It doesn't work that way.

[02:29:54]I can't win this trial.

[02:29:58]If I thought I could.

[02:30:03]5 years, you still have a life left.

[02:30:07]15. You don't.

[02:30:15]>> Your honor, we've reached an agreement.

[02:30:17]>> Is that right, Miss Dole? Yes, your honor. My client is prepared to enter a change of plea.

[02:30:21]>> Mr. Jensen, is it your desire to plead guilty at this time?

[02:30:25]>> Yes. Yes.

[02:30:27]>> I need you to speak up, son.

[02:30:30]>> Yes.

[02:30:31]>> All right. Now, I need to ask you some questions for the record.

[02:30:36]>> Okay.

[02:30:37]>> Is your decision to plead guilty being made voluntarily?

[02:30:41]>> Yes.

[02:30:43]>> Did you talk about it with your attorney?

[02:30:46]>> Yes. You understand that by pleading, you're waving your right to cross-examine witnesses, present evidence, and have a jury decide your guilt?

[02:30:56]>> Yes.

[02:30:58]Miss Dole, have you advised your client regarding this plea?

[02:31:02]>> I have, your honor, >> and you concur with it?

[02:31:05]>> I do.

[02:31:07]>> All right. Before I can formally take the guilty plea, I need the defendant to establish a factual basis for it.

[02:31:18]what she said. Um, my lawyer already told you I want to plead guilty.

[02:31:22]>> Martin, you have to.

[02:31:23]>> Son, I need you to tell me what you did in your own words. Otherwise, I can't accept your plea.

[02:31:33]>> I um I did what the prosecutor said I did.

[02:31:40]>> You robbed and then shot the woman in the convenience store.

[02:31:46]Yes.

[02:31:47]>> So, as to the charge of attempted murder, you wish to plead guilty.

[02:32:00]>> Yes.

[02:32:01]>> Very well. The plea is accepted, Mr. Low.

[02:32:04]>> Commonwealth moves for a remand.

[02:32:06]>> Granted. Defendant is remanded into custody, pending sentencing, and we are adjourned.

[02:32:11]>> Are you okay?

[02:32:29]Thank you.

[02:32:31]>> Okay.

[02:32:33]>> I won't forget it.

[02:32:51]This is not a good result. Jimmy, I'm due 50. I hire you to try to bump it up to 70. Now you're advising me to take 30. It's not a good result.

[02:33:00]>> If you want to go to trial, I will do that.

[02:33:03]>> What's the chance of that tape coming into play? I'd bring emotion and lemony to try to prevent that, but I can't guarantee success.

[02:33:13]If you're worried about people seeing that video, and having seen it, I would say your concern is a good one. I'd settle and just let her win.

[02:33:26]I don't know what else to tell you.

[02:33:35]Don't you look comfortable?

[02:33:37]>> Hey, between a trial and a baby at home, if I find a quiet moment, I seize it.

[02:33:42]>> You got a problem with that?

[02:33:44]>> Evidently not.

[02:33:45]>> I only came into work today because I'm exhausted.

[02:33:47]>> Tell me about it.

[02:33:49]>> Hey, Lindsay, did you see this? Today's obit page.

[02:33:55]>> What?

[02:33:56]>> Witness of my trial died. A heart attack.

[02:34:00]One of yours or theirs?

[02:34:04]>> Theirs.

[02:34:08]>> You knew she was dead.

[02:34:10]>> If you're going to yell, >> I'm not yelling. I am using a firm voice. You knew she was dead.

[02:34:20]This case was over.

[02:34:22]>> Without that witness, you had to dismiss.

[02:34:24]>> Not true.

[02:34:24]>> It's fraud. You intentionally withheld.

[02:34:26]>> Hey, your client committed attempted murder. 5 years for that is a gift for your information.

[02:34:31]>> I am filing a motion to vacate the plea and then I'm going straight to your supervisor.

[02:34:34]>> Let me save you the trouble.

[02:34:37]>> Mr. Low is acting under my direction and with my complete approval.

[02:34:44]>> Well, so this was a conspiracy to mislead me.

[02:34:46]>> We were acting within the ethical boundaries.

[02:34:48]>> That's crap. You lied to me. You withheld material evidence.

[02:34:51]>> It is not evidence, Miss Dole. And >> you can't sit on that kind of information. Not when >> you got the deal you were asking for.

[02:34:58]You pushed for it, not us.

[02:35:02]>> Are you serious?

[02:35:04]We did nothing wrong.

[02:35:20]>> First, you need to calm down.

[02:35:22]>> Don't tell me to calm down. You calm down.

[02:35:24]>> Okay, I'm going to take a second and calm myself down. You think this is funny?

[02:35:27]>> I think it's disgusting. I think all three of us should go into court, but we can't go in with emotion. Lindsay, >> he would have walked. An innocent kid is doing 5 years.

[02:35:37]>> Let's do some research on whether it qualifies as exculpatory or denial of due process. Eugene, maybe you and Rebecca can get on that. You need to draft a declaration setting forth exactly what Low told you. I'll mark up the motion with the clerk's office.

[02:35:50]>> We can't let them get away with this, Bobby. We can't.

[02:35:55]Can I help you, Lucy?

[02:35:57]>> Jimmy's case is over.

[02:36:19]>> Jimmy, >> what are you doing here? Family lawyer.

[02:36:23]Can I see?

[02:36:25]>> It's not going to make your day.

[02:36:26]>> I'd like to see.

[02:36:38]>> Shots were heard less than an hour ago.

[02:36:42]>> Witnesses?

[02:36:43]>> Nobody yet.

[02:36:45]Your client's over here.

[02:36:55]That's not my client. Actually, I represent her husband.

[02:37:03]We heard they're going through a divorce.

[02:37:07]Yeah.

[02:37:10]Would you happen to know where your client is right now, Jimmy?

[02:37:16]No.

[02:37:25]Well, can I take my plea back now?

[02:37:28]>> I don't know. That's what we'll be going into court to ask for.

[02:37:31]>> They can just lie like this.

[02:37:33]>> I'm not sure. I've never really heard of this happening before.

[02:37:39]>> So, when when you were convincing me to plea, the witness was already dead.

[02:37:46]>> Yes.

[02:37:50]We're going to fight this. Martin, >> I stood up in court and I told the judge, everybody, that I did it and I didn't.

[02:38:05]I've got my whole firm on it now. We're in before Judge Wilcox tomorrow.

[02:38:11]>> Do you think we'll win?

[02:38:14]We have a real chance.

[02:38:17]This isn't over.

[02:38:36]>> Any listening devices in there?

[02:38:38]>> None.

[02:38:51]You believe this? They think I whacked her.

[02:38:54]>> Did you?

[02:38:58]>> I am shocked that you would ask me that, Jimmy.

[02:39:03]>> Check my alibi. You want peace of mind?

[02:39:06]>> Did you have it done?

[02:39:08]>> All right, just get me out.

[02:39:16]What have you told them?

[02:39:19]>> Nothing.

[02:39:21]Just asked for my lawyer, period. I didn't even so much as express grief over my wife's demise, which was difficult.

[02:39:33]Get me out.

[02:39:40]I understand they don't like it, but the fact remains this plea is valid.

[02:39:45]>> It was a violation of due process. It was made in bad faith and secured by fraud.

[02:39:50]>> We did no such thing.

[02:39:51]>> You deliberately withheld material evidence.

[02:39:53]>> We have a duty to disclose exculpatory evidence. Evidence that shows he didn't commit the crime. The fact that our witness died has nothing to do with whether he's guilty.

[02:40:02]>> It went to whether you even had a case.

[02:40:04]>> Mr. Donald, your client accepted the plea in my courtroom. I heard it. He stood right there and admitted he robbed and shot that woman, >> which was extortion.

[02:40:12]>> Extortion, Miss Dole.

[02:40:14]>> Martin Jensen has always maintained his innocence. He took this plea because I forced him to because I believe the eyewitness was ready to testify.

[02:40:22]>> Lawyers play poker all the time.

[02:40:23]>> Oh, don't insult me or this court by calling what you did poker.

[02:40:26]>> Your honor, every defendant who pleads takes a chance. He's gambling that he'll be better off pleading guilty than going to trial and getting convicted.

[02:40:35]Sometimes he's right and sometimes he's wrong. But the law doesn't permit him to withdraw his plea because he later learns that he overestimated the strength of our case.

[02:40:44]>> This wasn't an estimation.

[02:40:46]>> Who's arguing here?

[02:40:47]>> Whatever chance they had at winning at trial died along with Mrs. McKe. As an officer of the court, Mr. Low was obligated to reveal that to me as well as to you, your honor.

[02:40:56]>> There is no such obligation in either case, law, or statute. What about fundamental fairness?

[02:41:03]>> Your honor, over 90% of all criminal cases are resolved by plea bargains. To work, the whole system has to be based on trust. Mr. Low and Mr. Walsh violated that trust.

[02:41:12]>> The system is doing fine, Miss Dole. And the right man is behind bars, where he belongs. Perhaps what's really going on here is Miss Dole is concerned about her own actions.

[02:41:22]>> I didn't know I was negotiating with liars.

[02:41:23]>> I object to that.

[02:41:24]>> You're a liar, Miss Dole.

[02:41:26]>> They care more about railroading people than doing justice.

[02:41:29]Martin Jensen is in jail right now for something he didn't do. That fact doesn't seem to bother the DA's office.

[02:41:35]It should bother this court.

[02:41:36]>> It bothers the court that you forced your client to enter a guilty plea.

[02:41:39]>> I persuaded him thinking >> you said forced.

[02:41:42]>> Let me talk.

[02:41:58]We make our decisions and and yes, we force our client's hands based on the case they have and whether they can make their burden.

[02:42:09]This case was a lie, a knowing lie which my client relied on to his detriment.

[02:42:34]Did I lose it?

[02:42:36]>> A little, but I think you did fine.

[02:42:40]Hopefully your passion will count.

[02:42:46]>> He said 20 minutes.

[02:43:07]As far as the police are concerned, there's still no evidence, >> which there wouldn't be cuz I'm innocent, >> right?

[02:43:14]>> What about the status of the lottery winnings? Your wife's estate can still make a claim. Do you want me to follow up on that?

[02:43:20]>> No. Think I might engage new counsel just the same.

[02:43:26]>> So, I guess we're done then.

[02:43:28]>> Done. You still owe me the 27. Jimmy didn't exactly work that off.

[02:43:34]>> I think we're done. Sid, >> if I was in a position to be charitable, that would be one thing, but I got debts to pay off.

[02:43:44]What do you say you walk out the door, forget my debt, and I'll forget how you threatened to kill your wife?

[02:43:53]>> Privileged.

[02:43:54]>> Bodily threats don't apply to >> Why didn't you blow your whistle?

[02:44:01]If you thought I was going to hurt her and you stayed quiet, that doesn't look good for you, does it?

[02:44:08]You want to know how big a gambling Jones is, Jimmy? You didn't want to hear it as a real threat because you wanted to pay off those bets.

[02:44:20]Truth is, I got more on you than you got on me.

[02:44:26]I'm asking you to get out of this office now.

[02:44:31]>> You're making me upset.

[02:44:35]From what you've seen, do I respond to stress? Good.

[02:44:39]>> You're threatening me now.

[02:44:41]Of course not.

[02:44:53]I will say this.

[02:44:58]You don't even know what you're into.

[02:45:02]I need that money. I'll give you a week.

[02:45:24]close the door, please.

[02:45:28]>> We're doing this in here because some of what I want to say is off the record.

[02:45:32]>> Actually, it's our office policy that court reporter be present for >> Mr. Low. I don't really care at this moment about your office policy.

[02:45:42]>> We're fine without a court reporter, your honor.

[02:45:46]>> Mr. Walsh, I've known you a long time, and I've known you to be a straight shooter, but I am very troubled by the due process implications of what happened here.

[02:45:57]>> Your honor, this defendant committed a violent >> Save it. There are no reporters present, and I don't need to hear your stump speech.

[02:46:06]Then we'll submit on our prior argument and again ask this court to deny defendants's motion to withdraw his plea.

[02:46:14]>> Fine.

[02:46:17]I brought you in here, Mr. Walsh and Mr. Low, rather than embarrass you in public.

[02:46:22]Because I wanted to tell you that there is something more important than the mere holding of a case. I am talking about fair and unfair, right and wrong.

[02:46:32]And what happened in this case is wrong.

[02:46:36]And it sickens me that you two can't see that everything I said in court, and I mean everything, was a correct statement of the law. And since we're off the record, let me just say frankly that I don't need lectures from your honor about right and wrong. Mr. Jenx plead guilty because he is guilty. And neither the law nor anybody's misplaced sense of injustice allows him to withdraw that plea. That's the law.

[02:47:13]The law also allows me to throw your ass in a cell for contempt.

[02:47:19]I don't mean to show your honor disrespect, but I will remind your honor that district attorneys are officers of the court who must conduct themselves in accordance with established law. Mr. Low and I did that. And we don't need to be brought into chambers to be told how we sicken you. Say it out there where you'll be held accountable.

[02:47:39]I am saying it here.

[02:47:50]And if I had a choice, I would set aside this plea. But >> your honor, please. I cannot throw out a knowing and voluntary plea of guilty on these facts.

[02:48:02]You negotiated what you thought was a good deal. You could have advised your client to continue with the trial, challenge the evidence. You didn't. The law doesn't allow you to benefit from regret.

[02:48:15]It is my regret as well.

[02:48:18]I am very sorry.

[02:48:24]Defendant's motion is denied.

[02:49:06]Lindsay, >> I respect that it's an adversary process, but I didn't come to you as an adversary. I dropped my sword and asked for a favor, and you played it like a favor. That isn't gamesmanship, Alan. It was dishonest. You know it. I know it. I gather you can live with it. There's an innocent kid in prison who may not.

[02:49:45]All right, I'm gone.

[02:49:47]Can you lock up?

[02:49:49]>> Sure.

[02:49:52]>> Can I ask you something, Jimmy?

[02:49:56]Did he do it?

[02:49:59]Oh, come on. Privilege extends to me.

[02:50:03]Throw me a bone.

[02:50:05]>> Says he didn't.

[02:50:07]>> Right.

[02:50:15]Earth to Jimmy.

[02:50:19]>> Are you okay?

[02:50:20]>> Yeah, I'll lock up.

[02:50:24]>> Good night. night.

[02:50:47]He They're coming to take you to Concord.

[02:50:58]It's a highsecurity prison >> tonight.

[02:51:03]Yeah.

[02:51:05]Everybody convicted of a violent crime goes there first.

[02:51:12]I'm going to petition the Department of Corrections to move you as soon as possible.

[02:51:18]I'm also going to ask them to designate you a vulnerable inmate.

[02:51:24]>> Okay.

[02:51:26]>> It may take a while.

[02:51:28]In the meantime, I've requested that they keep you in solitary.

[02:51:32]I can't guarantee they'll do it.

[02:51:38]I'll get another lawyer to handle your appeal.

[02:51:41]A specialist, the best I can find. I'll ask him to argue that I was ineffective, that you had inadequate legal representation.

[02:51:52]It's a long shot, but worth a try. We can't give up.

[02:51:57]Just stay alive in there.

[02:51:59]Give me time. I'll do whatever it takes to fix this. The appellet process takes time, but I trust it.

[02:52:48]You stinker.