时间 | 英文 | 中文 |
---|---|---|
[00:05] | Thanks for picking me up from work. | |
[00:08] | No problem. | |
[00:10] | Do me a favor, little brother. | |
[00:12] | Pull over up there. I need to cash my paycheck. | |
[00:14] | You think it’s still open? It’s kind of late. | |
[00:16] | Trust me, it’s open. | |
[00:18] | Just pull over. | |
[00:19] | And wait in the car. | |
[00:45] | Just drive, man. Just go. | |
[00:48] | What are you doing? Go fast. | |
[00:57] | You okay? | |
[00:58] | Just drive, man. | |
[01:00] | Just drive. | |
[01:04] | _ | |
[01:06] | _ | |
[01:10] | Dad, these expire today. | |
[01:15] | It’s fine, honey. | |
[01:18] | Come on. | |
[01:19] | I wouldn’t feed you spoiled meat. | |
[01:21] | Mom told me you used to cut mold off food and eat around it. | |
[01:24] | Well, maybe when I was a kid. | |
[01:26] | And I turned out okay, didn’t I? | |
[01:31] | Kristen, the door! | |
[01:40] | Afternoon, ma’am. | |
[01:42] | We’re looking for George Brown. | |
[01:43] | I think you must have the wrong house. | |
[01:45] | Nobody named George Brown lives here. | |
[01:48] | George Brown? | |
[01:50] | Are you addressing me? | |
[01:52] | My name’s James Grayson. | |
[01:54] | Yeah, I’m sure you’re right, Mr. Grayson. | |
[01:56] | Mix-ups happen all the time. Could I trouble you | |
[01:57] | to come down to the local police station with us | |
[01:59] | so we can clear this up? | |
[02:01] | I was barbecuing out back. | |
[02:03] | – I mean, is this important? – Actually, we have | |
[02:06] | an arrest warrant for George Brown | |
[02:08] | for a murder in Staten Island. | |
[02:10] | Thing is, all the authorities involved think he lives here. | |
[02:13] | I think they think he’s you. | |
[02:14] | Pretty sure you’re gonna want to come with us and clear this up. | |
[02:17] | Look, I-I don’t know what’s going on, | |
[02:19] | but he’s not George Brown. | |
[02:20] | He’s Jim Grayson. James Grayson. | |
[02:22] | Ma’am, I’d like you to lower your voice and back up. | |
[02:28] | Mr. Grayson, you have a nice family here. | |
[02:31] | You live in a nice neighborhood. | |
[02:33] | Don’t make me come back with sirens and lights and… | |
[02:35] | Let’s just clear this up. | |
[02:38] | Are you sure they know | |
[02:40] | we’re just here to file a motion? | |
[02:41] | We’ve been sitting here over an hour. | |
[02:42] | Yeah, I’ve spoken to everybody. | |
[02:44] | They all know why we’re here. | |
[02:46] | The next arraignment is for George Brown. | |
[02:48] | The defendant doesn’t have a lawyer. Mr. Colón. | |
[02:51] | Would you be so kind | |
[02:52] | as to stand in for Mr. Brown’s arraignment? | |
[02:55] | I love the way they make it sound like you have a choice. | |
[02:58] | Yeah. | |
[03:00] | I’d be, uh, happy to, Your Honor. | |
[03:03] | Okay, uh… | |
[03:05] | any family members here for George Brown? | |
[03:08] | I’m his wife. | |
[03:11] | I didn’t know judges could just assign lawyers like that. | |
[03:14] | Are you our lawyer now? | |
[03:15] | No. No, I’m just standing in | |
[03:17] | until your husband gets his own attorney. | |
[03:20] | We only have a few minutes | |
[03:22] | to try to argue bail. | |
[03:23] | Is your husband employed? | |
[03:25] | If so, where? | |
[03:26] | Uh, what’s your family life like? Does he have any friends? | |
[03:28] | Yes. He owns a restaurant. | |
[03:32] | He’s a devoted father. We have three kids. | |
[03:34] | He’s in a bowling league. What else can I tell you? | |
[03:36] | We just need to establish that he has roots in the community. | |
[03:39] | They want to make sure he’s not a flight risk. | |
[03:41] | So, the police arrested your husband | |
[03:42] | after looking for this murderer for 18 years? | |
[03:47] | Mrs. Grayson, it doesn’t seem | |
[03:48] | like the kind of thing they would do baselessly. | |
[03:50] | I don’t know what to tell you. | |
[03:52] | I haven’t slept for two days. | |
[03:53] | I just want my husband to come home. | |
[03:55] | Look, my kids just want their dad to come home. | |
[04:07] | Are you my lawyer? | |
[04:09] | For the purpose of this brief hearing. | |
[04:12] | How bad is it? | |
[04:13] | It’s pretty bad. | |
[04:15] | You’re being charged with a count of felony murder. | |
[04:18] | You’re looking at 25 years to life. | |
[04:22] | But all I did was drive a car. | |
[04:24] | Please state your name for the court record. | |
[04:36] | George Brown. | |
[04:38] | How do you plead? | |
[04:39] | Your Honor, we’d like to enter a plea of not guilty. | |
[04:42] | George Brown is a family man, father of three, | |
[04:45] | community volunteer, | |
[04:47] | small business owner, | |
[04:49] | and he employs seven people in New Jersey. | |
[04:51] | Your Honor, 18 years ago, | |
[04:53] | George Brown was the getaway driver | |
[04:54] | in a robbery at a Fast Cash Express check cashing store. | |
[04:58] | His coconspirator and older brother, | |
[05:00] | Richard Brown, held up a 25-year-old man | |
[05:03] | by the name of Kirk Getty at gunpoint. | |
[05:05] | He tied him up, gagged him, | |
[05:07] | and Mr. Getty asphyxiated to death. | |
[05:09] | The older Mr. Brown stole $8,000 and fled the scene of the crime. | |
[05:14] | George Brown drove the getaway vehicle. | |
[05:17] | Police arrested Richard, or Rick, | |
[05:19] | a short while later. | |
[05:21] | He was captured on tape calling George | |
[05:23] | to tell him where the stolen money was hidden | |
[05:26] | and to take the money and flee. | |
[05:28] | And apparently started a new life as Jim Grayson. | |
[05:31] | – Did you know he had a brother? – No. No. No. | |
[05:34] | George Brown has been a fugitive from justice | |
[05:36] | for 18 years, Your Honor. | |
[05:38] | His fingerprints, | |
[05:40] | lifted from the gun used in the robbery, | |
[05:41] | were in the system | |
[05:42] | and finally flagged in New Jersey a few days ago. | |
[05:45] | He’s clearly a flight risk. | |
[05:47] | And that is why we are strenuously requesting | |
[05:49] | that the Court deny Mr. Brown bail. | |
[05:52] | So ordered. | |
[05:53] | The defendant is remanded into custody. | |
[06:04] | I’m so sorry. | |
[06:06] | So, what happens now? | |
[06:08] | Now you need to find a good criminal lawyer, | |
[06:11] | someone who knows their way around felony murder. | |
[06:14] | And where do we find one of those? | |
[06:16] | When I get back to my office, I’ll e-mail you a few names. | |
[06:19] | And what about the two of you? | |
[06:22] | Have you ever defended someone charged with felony murder? | |
[06:25] | Yes. | |
[06:26] | And did you win? | |
[06:28] | Yes. | |
[06:30] | So why don’t we start with you. | |
[06:32] | After the fantastic job we just did for you here? | |
[06:35] | Apparently, he’s been making them look like fools | |
[06:38] | for almost 20 years. | |
[06:39] | I don’t think Johnnie Cochran could have gotten him off. | |
[06:41] | We own a restaurant. | |
[06:43] | We can pay you. | |
[06:46] | Just meet with him. | |
[06:47] | Listen to his side of the story. | |
[06:49] | And then if it’s not for you… | |
[06:53] | I’ll give him ten minutes. | |
[06:55] | Thank you. Thank you so much. | |
[07:00] | This is my boss, Dr. Jason Bull. | |
[07:02] | Your wife wanted us to meet with you, | |
[07:04] | hear your story, and see if we might | |
[07:07] | want to be of help to you. | |
[07:09] | How’s she doing? | |
[07:12] | About as well as can be expected | |
[07:14] | given that after ten years of marriage, | |
[07:16] | she just found out she doesn’t really know you. | |
[07:20] | She doesn’t know your real name. | |
[07:22] | You want to tell us how you got here? | |
[07:25] | It’s not much of a story. | |
[07:30] | I was 18 years old. | |
[07:32] | My older brother had a DUI, | |
[07:34] | so I was driving him home from work. | |
[07:36] | He was a janitor. | |
[07:38] | 2:00 to 10:00 at the mall. | |
[07:40] | He said he wanted to go to this check cashing place. | |
[07:43] | Did you go inside? | |
[07:45] | I think I actually fell asleep in the car waiting. | |
[07:49] | I had no idea he was planning on robbing the place. | |
[07:53] | And what happened after that? | |
[07:55] | Right after? A lot of nothing. | |
[07:58] | Went about my life. I went to school the next day. | |
[08:00] | Came home. He wasn’t there. | |
[08:01] | Figured he was at work. | |
[08:04] | But then I went to pick him up, and he never came to the car. | |
[08:07] | He was under arrest? | |
[08:09] | Turns out he had gagged | |
[08:10] | the guy behind the counter, | |
[08:11] | but couldn’t tie the gag with his gloves on, | |
[08:13] | so he took them off. | |
[08:16] | Once they had his prints, it was all over. | |
[08:19] | And they picked him up at the mall. | |
[08:20] | I, of course, knew none of this. | |
[08:24] | Finally, Rick calls me a couple days later from jail. | |
[08:26] | Tells me where the money is. Tells me to take it and run. | |
[08:28] | So, if all you did was drive the car, | |
[08:32] | and if you didn’t even know what your brother did | |
[08:34] | when he was inside the check cashing store, | |
[08:36] | why did he tell you to run? | |
[08:38] | Why didn’t you go to the authorities, | |
[08:39] | tell them your story? | |
[08:41] | Rick told me the public defender told him | |
[08:45] | they were about to put out a warrant for my arrest. | |
[08:47] | They were convinced we were in it together. | |
[08:48] | Something called a joint venture. | |
[08:50] | Ah. In which case, | |
[08:52] | even though you were only the getaway driver, | |
[08:55] | in the eyes of the law, | |
[08:56] | you’re as guilty as the person who held the gun. | |
[08:59] | And since someone died, everyone’s charged with murder. | |
[09:03] | Hmm. | |
[09:04] | So now you’re on the run. | |
[09:08] | Moved around New England for about a year. | |
[09:10] | Slept in bus stations. | |
[09:12] | Didn’t talk to anyone. | |
[09:15] | And then I met a guy selling drugs in the bus station | |
[09:18] | who told me he could get me | |
[09:20] | a dead person’s Social Security number for $350. | |
[09:26] | And Jim Grayson was born. | |
[09:31] | Stupid. | |
[09:33] | I went to renew my liquor license | |
[09:35] | about a month ago. | |
[09:37] | They asked for my prints. | |
[09:38] | I didn’t think a thing about it. | |
[09:42] | Pretty sure that’s what did me in. | |
[09:48] | Mrs. Grayson? | |
[09:51] | So, that was an awfully long ten minutes. | |
[09:53] | How’s he doing? | |
[09:55] | That’s funny. | |
[09:57] | He asked the exact same question about you. | |
[09:59] | My sense is that he is overcome | |
[10:01] | with regret and remorse, | |
[10:05] | and at the exact same time, he is angry and bitter | |
[10:08] | because any logical examination of the facts | |
[10:11] | suggests that… | |
[10:13] | he didn’t really do anything. | |
[10:15] | You sound like you’re on his side. | |
[10:17] | You sound like you believe him. | |
[10:20] | I guess I do. | |
[10:23] | Does that mean you’d be willing to represent him? | |
[10:28] | I guess it does. | |
[10:42] | ADA Peluso. Thanks for coming by. | |
[10:44] | Dr. Bull’s expecting you. | |
[10:45] | Any excuse to get out of the office. | |
[10:48] | So, I’m guessing we’re all here to talk plea deal? | |
[10:51] | Well, I can’t speak for you, | |
[10:53] | but Dr. Bull and I are here to talk about dismissal. | |
[10:56] | Dismissal? Well, it’s good to have a dream. | |
[11:00] | Well, the joke’s not lost on me, | |
[11:02] | but let’s talk it through for a second. | |
[11:05] | No matter how you slice it, | |
[11:07] | prosecuting that man is still a moral conundrum. | |
[11:11] | After all, the primary function of our criminal justice system | |
[11:14] | is to provide deterrence, protect society, | |
[11:17] | punish people who commit crimes, | |
[11:20] | and rehabilitate criminals once we have them in custody. | |
[11:23] | Now, hasn’t all of that | |
[11:25] | already been accomplished with regard to George Brown? | |
[11:27] | He’s led a successful and productive life | |
[11:29] | since the robbery. | |
[11:30] | He’s not a danger to society. | |
[11:32] | And he has no intention to commit another crime. | |
[11:36] | So… | |
[11:37] | what would be the point of sending him to prison? | |
[11:41] | Dr. Bull, this trial isn’t an ethics symposium. | |
[11:44] | We can’t just give someone a “get out of jail free” card | |
[11:47] | for evading the law. | |
[11:49] | Come on, did you really think | |
[11:50] | I was gonna roll over for you that easily? | |
[11:52] | He’s an innocent man. | |
[11:54] | Maybe he is… | |
[11:56] | and maybe he isn’t. | |
[11:58] | That is why we’re having a trial. | |
[12:03] | See you on the ice, gentlemen. | |
[12:06] | A man can’t be found guilty | |
[12:07] | of a murder simply because it happened in his midst. | |
[12:10] | And he absolutely can’t be found guilty | |
[12:13] | of a murder in which he took no part | |
[12:14] | and was not even aware. | |
[12:16] | So that’s our narrative? | |
[12:17] | We’re gonna make the government prove | |
[12:19] | that George knew what was going on? | |
[12:20] | Yeah. To be held accountable for a joint venture, | |
[12:23] | George had to have known | |
[12:25] | that his brother was gonna commit armed robbery. | |
[12:27] | And he didn’t know. | |
[12:29] | How in the world are we gonna prove that? | |
[12:31] | We’ll start by showing the jury what kind of man he is. | |
[12:34] | And the key to that is his wife. | |
[12:36] | Chunk. | |
[12:37] | Let’s get her in here. | |
[12:39] | What’s important is when she is sitting in that courtroom, | |
[12:41] | that she sends the right message to the jurors. | |
[12:44] | She loves this man. | |
[12:46] | She trusts this man. | |
[12:49] | This is a good man. | |
[12:50] | All right. I’ll do whatever I can | |
[12:52] | to get her in here today. | |
[12:54] | And what do we know about how and from whom | |
[12:56] | he bought this fake Social Security number? | |
[12:59] | Well, he says he met a guy at a bus station. | |
[13:01] | Says his name was Joe, | |
[13:02] | and he sold cell phones in Burlington, | |
[13:04] | which makes sense, | |
[13:06] | ’cause to buy a cell phone, you have to buy a plan; | |
[13:08] | to buy a plan, you have to give the merchant | |
[13:10] | your Social Security number. | |
[13:12] | Well, at least you did back then. | |
[13:13] | Any thoughts on voir dire? | |
[13:15] | The more I think about it, | the more I think |
[13:17] | the answer lies in… generativity. | |
[13:21] | Okay, I’m out. | |
[13:22] | Yeah, me, too. | |
[13:24] | Seven years of college | |
[13:25] | and I have no idea what you’re talking about. | |
[13:28] | Generativity is the concern for, | |
[13:31] | and belief in, the future. | |
[13:33] | And a commitment to the idea that no matter | |
[13:35] | how bad things may be at any given moment, | |
[13:39] | you can persevere and redeem yourself. | |
[13:43] | Let me give you an example. | |
[13:45] | Marissa. | |
[13:47] | If you say so. | |
[13:49] | I mean it as a compliment. | |
[13:51] | It’s an admirable quality in a person. | |
[13:53] | So, tell me your life story. | |
[13:56] | Boil it down to what you think’s relevant. | |
[13:58] | I was adopted into a wonderful family. | |
[14:03] | And meeting my birth parents | |
[14:04] | made me appreciate different ways | |
[14:06] | my life could have ended up. | |
[14:09] | But I like the way it’s gone. | |
[14:11] | I worked for Homeland Security. | |
[14:14] | I developed an algorithm to try to help understand people, | |
[14:17] | which led me to you. | |
[14:20] | I have had a string of interesting relationships. | |
[14:23] | Some good, one Kyle. | |
[14:28] | But none of them broke me, | |
[14:31] | and none of them made me who I am. | |
[14:36] | You see? | |
[14:37] | Highly generative people, | |
[14:39] | they’re driven to help others | |
[14:41] | for the betterment of the future, | |
[14:42] | because they see the arcs of their lives | |
[14:45] | as redemption stories. | |
[14:47] | And that’s what we want. | |
[14:48] | Jurors, who no matter what the prosecution presents, | |
[14:52] | will only see a man who’s changed, | |
[14:54] | making a good life out of a bad circumstance. | |
[14:58] | So tell me, | |
[15:00] | if you lost your job today, | |
[15:02] | where would you be in five years? | |
[15:04] | I guess I’d try to find a similar position somewhere else. | |
[15:07] | And if that didn’t work, well, | |
[15:09] | I’d just try and find another job. | |
[15:10] | I’d like to think I’m the captain of my own destiny. | |
[15:16] | This juror is acceptable to the defense, Your Honor. | |
[15:19] | This should be interesting. | |
[15:21] | Harold King was essentially homeless from the age of 13 on. | |
[15:25] | Grew up on the streets, hustling for food and money. | |
[15:28] | Finally got a legitimate job working | |
[15:30] | for a private sanitation company. | |
[15:32] | Worked there for 22 years, | |
[15:34] | till he was suddenly laid off last Christmas. | |
[15:36] | Six weeks later, his wife left him. | |
[15:38] | It’s a wonder he can get out of bed. | |
[15:40] | Let me ask you a question, sir. | |
[15:42] | Would you trade your life for anyone else’s? | |
[15:46] | Not a chance in hell. | |
[15:47] | Everything I’ve been through has made me who I am today. | |
[15:51] | I love that man. | |
[15:56] | “Mr. Palmer, you continue to confuse the law | |
[15:59] | “with some kind of game show. | |
[16:01] | “It’s not about winning and losing. | |
[16:03] | It’s about the search for what is right.” | |
[16:05] | A “D.” Damn it. A “D”? | |
[16:12] | Hi. I’m Kristen. | |
[16:14] | Jim’s wife… uh, George’s wife. | |
[16:16] | I-I just came straight from the courthouse. | |
[16:18] | Dr. Bull wanted me to do some witness prep? | |
[16:21] | Although, nobody’s told me I was going to be a witness. | |
[16:24] | Oh, hi. | |
[16:25] | I’m Chunk Palmer. It’s nice to meet you. | |
[16:27] | And no, you won’t be going on the stand. | |
[16:29] | Not in the immediate future, at least. | |
[16:32] | Then what’s the point? | |
[16:36] | We just want to make sure that you’re mindful, | |
[16:39] | that even when you’re sitting in the gallery, | |
[16:42] | that the jury is still watching you. | |
[16:45] | No. I know. | |
[16:47] | It’s important. | |
[16:49] | It’s all important. | |
[16:51] | I actually went | |
[16:52] | to go see him last night in jail. | |
[16:56] | Not a moment I ever imagined, | |
[16:58] | but I needed to know what was true and what wasn’t, | |
[17:01] | about everything he’s ever told me. | |
[17:04] | And he was honest about everything that mattered. | |
[17:09] | I mentioned our kids and he cried. | |
[17:13] | Do you have kids? | |
[17:14] | Yeah. One. | |
[17:17] | They’re just… your everything. | |
[17:20] | And the shock of all of it, | |
[17:23] | knowing that their last names… | |
[17:25] | my last name… is made up, bought. | |
[17:28] | I got so mad. | |
[17:30] | And then he reminded me that their first names… | |
[17:34] | those were ours. | |
[17:38] | Our first baby, Malone, | |
[17:40] | before she arrived, we had no money. | |
[17:43] | And so for fun, we would go | |
[17:45] | to these minor league baseball games. | |
[17:46] | And they cost, like, two dollars a ticket. | |
[17:49] | And they had this shortstop, Malone Jackson. | |
[17:52] | And Jimmy… | |
[17:55] | George loved him. | |
[17:57] | He loves everything about baseball, | |
[17:58] | but he really loved him. | |
[18:01] | And so I loved him, too. | |
[18:05] | And when the baby came, and she was a she, | |
[18:08] | we said “so what,” | |
[18:11] | and she became Malone. | |
[18:18] | That’s her. | |
[18:20] | That’s Malone. | |
[18:22] | And Ella and Richard. | |
[18:25] | They’re with my mom right now. | |
[18:29] | They miss him so much. | |
[18:33] | This… | |
[18:35] | how you look and feel right now, | |
[18:38] | that’s what we need in the courtroom. | |
[18:41] | So, when you’re sitting there, | |
[18:43] | and the prosecution is making him out | |
[18:45] | to be anything but the man you know, | |
[18:47] | remember this feeling. | |
[18:50] | It’s gonna give you peace. | |
[18:53] | And it’s gonna help the jury see who George really is. | |
[19:12] | Ladies and gentleman of the jury, | |
[19:14] | I am here to tell you about an innocent man, | |
[19:18] | who endured difficult circumstances | |
[19:22] | early in his life, | |
[19:24] | only to make something of himself. | |
[19:27] | My client was born George Brown, | |
[19:31] | to parents Malone and Ella Brown. | |
[19:36] | Both parents were killed in a car accident | |
[19:38] | when George was only ten. | |
[19:41] | And his brother, Richard Brown, | |
[19:42] | raised him for the next eight years. | |
[19:44] | Your wife suddenly seems very upset. | |
[19:46] | George Brown is a loving husband… | |
[19:48] | – Marissa, is Chunk there? – …a devoted father… | |
[19:49] | Did he even prepare Kristen at all? | |
[19:52] | She looks like she’s about to fall apart. | |
[19:54] | I don’t know what to say. | |
[19:55] | I worked with the woman for almost an hour. | |
[19:57] | Here it is online. Malone and Ella Brown. | |
[20:00] | “Fatal collision kills parents of two in Staten Island”” | |
[20:03] | Wait a second. | |
[20:05] | Did you say Malone and Ella? | |
[20:08] | Those are his parents’ names? | |
[20:10] | Those are the names of their kids. | |
[20:12] | He lied to her again. | |
[20:14] | The two boys didn’t have an easy time of it, | |
[20:17] | but nonetheless, they had to do what they had to do, | |
[20:21] | – in order to get on… – Face front. | |
[20:22] | You’re only making things worse. | |
[20:23] | The older brother, Richard, | |
[20:25] | took a job as a janitor at the local mall, | |
[20:28] | and George went about | |
[20:29] | completing his high school education. | |
[20:56] | You okay? | |
[20:59] | My children are named after parents | |
[21:01] | I never knew anything about, | |
[21:02] | and a brother-in-law I never met. | |
[21:05] | Why would he do that? | |
[21:06] | That’s not a lie he needed to tell me, | |
[21:09] | and how many more of those are there? | |
[21:10] | Well, lies are funny things. | |
[21:14] | I can tell you from personal experience, | |
[21:17] | you convince yourself there’s only one lie | |
[21:20] | you need to tell out of necessity. | |
[21:24] | And then the others… | |
[21:27] | the others just… happen. | |
[21:30] | It’s all too much. | |
[21:32] | I know it seems that way, | |
[21:33] | but he needs you. | |
[21:36] | And tomorrow, the prosecution | |
[21:37] | is gonna begin to present its case. | |
[21:40] | And if you’re not there, he has no one, | |
[21:42] | and the jury’s gonna notice. | |
[21:45] | They certainly did when you left. | |
[21:46] | So after executing | |
[21:48] | the search warrant on the suspect’s premises, | |
[21:50] | what did you find? | |
[21:51] | We found a gun under a mattress | |
[21:53] | in what we determined to be Rick Brown’s bedroom | |
[21:55] | in the apartment that, uh, Rick and George Brown lived in. | |
[21:58] | – Stop looking for her. – Were you able | |
[22:00] | to lift fingerprints… | |
[22:01] | All you’re doing is calling the jury’s attention | |
[22:02] | – to the fact that she’s not here. – Yes. Two sets. | |
[22:05] | Did you determine who they belonged to? | |
[22:06] | Rick Brown and the defendant, George Brown. | |
[22:16] | You sent the gun to the crime lab. | |
[22:18] | We certainly did. | |
[22:19] | And you got my client’s prints back. | |
[22:22] | We certainly did. | |
[22:36] | Tell Chunk mission accomplished. | |
[22:38] | And thank you. | |
[22:41] | Now, just to be clear, | |
[22:45] | do these prints show you | |
[22:48] | when George Brown touched the gun? | |
[22:50] | No. | |
[22:52] | And do they reveal how he handled the gun? | |
[22:54] | I mean, I would think there’s one set | |
[22:57] | of prints you typically get when someone uses a gun | |
[23:00] | and perhaps a different pattern of prints | |
[23:02] | when someone handles the gun. | |
[23:05] | Uh, picks it up, uh, to move it. | |
[23:08] | Something like that. | |
[23:08] | I suppose that’s true. | |
[23:10] | Well, it’s either true or it isn’t, Detective. | |
[23:13] | Yes. | |
[23:15] | If someone used the gun, | |
[23:16] | the location of the prints would be different | |
[23:18] | than if somebody handled the gun. | |
[23:19] | And would you say | |
[23:21] | that the pattern of his prints is consistent | |
[23:24] | with someone who had used the gun? | |
[23:28] | No, | |
[23:30] | I would not. | |
[23:31] | And you’ve already testified | |
[23:32] | that the prints don’t indicate | |
[23:35] | when my client might have handled the gun. | |
[23:37] | Isn’t that correct? | |
[23:38] | Your Honor, counsel’s testifying. | |
[23:40] | Overruled. | |
[23:41] | Continue, Mr. Colón. | |
[23:42] | Yes, Your Honor. | |
[23:43] | So, to sum it up, | |
[23:46] | you have my client’s prints | |
[23:49] | on a gun that belonged to a man | |
[23:51] | that he had shared a home with his entire life. | |
[23:55] | Not a surprise. | |
[23:57] | The prints don’t prove he used the gun | |
[24:00] | or that it was in his possession | |
[24:03] | at any time in or around the robbery. | |
[24:06] | Is that an accurate reflection of your testimony, Detective? | |
[24:11] | Yes. | |
[24:13] | No further questions, Your Honor. | |
[24:18] | How’s the weather over there? | |
[24:19] | We still frozen out? | |
[24:20] | Actually, I’m starting to feel a bit of a thaw. | |
[24:23] | We picked up one green juror. | |
[24:25] | I’ll take it. | |
[24:27] | And I just had a thought. | |
[24:29] | See if you can get Benny and me | |
[24:31] | two visitors’ passes to Green Haven. | |
[24:34] | We’d like to sit down with Rick Brown. | |
[24:43] | Mr. Brown, my name’s Dr. Jason Bull. | |
[24:47] | This is Benjamin Colón. | |
[24:49] | We’re here on behalf of your brother, George Brown. | |
[24:52] | On behalf of your brother | |
[24:54] | and his wife Kristen | |
[24:56] | and their three children, | |
[24:58] | your nieces and nephew. | |
[25:02] | He’s a dad? He’s a… | |
[25:04] | I’m an uncle? | |
[25:07] | Uh… | |
[25:12] | Wh-Where is he? Is he okay? | |
[25:14] | He’s on trial for the murder of Kirk Getty. | |
[25:20] | My God. | |
[25:23] | We’re trying to help your brother. | |
[25:25] | Mr. Colón is his attorney, | |
[25:26] | and I’m what they call a trial scientist. | |
[25:30] | Now, obviously, we know George’s version | |
[25:32] | of what happened that night. But only you know | |
[25:35] | what went on inside the check cashing shop. | |
[25:38] | What do you want to know? | |
[25:41] | I was-was all bundled up. | |
[25:43] | Big coat. | |
[25:45] | Scarves. | |
[25:47] | Ski gloves. | |
[25:50] | It was cold. | |
[25:52] | Plus… | |
[25:54] | I knew there was a camera. | |
[25:56] | And you were armed? | |
[25:58] | I had a gun. | |
[26:00] | And it wasn’t loaded. | |
[26:03] | Plus, I-I was wearing gloves. | |
[26:05] | You ever try to hold a gun | |
[26:07] | while you’re wearing ski gloves? | |
[26:09] | Wait a second. | |
[26:10] | Go back to the part where the gun wasn’t loaded. | |
[26:12] | What about it? There was no reason to load it. | |
[26:15] | I wasn’t planning on shooting it. | |
[26:17] | And why was that? | |
[26:19] | Because I wasn’t planning on killing Kirk. | |
[26:21] | He was my friend. | |
[26:24] | Well, if you didn’t plan on using the gun | |
[26:27] | and Kirk was your friend, | |
[26:29] | – what was your plan? – I was planning | |
[26:31] | on paying some bills. | |
[26:32] | I was planning on being a good brother. | |
[26:35] | George started talking about wanting to go | |
[26:37] | to cooking school after he graduated. | |
[26:42] | And I met this guy at the mall. | |
[26:44] | He worked at the Sunglass Hut. | |
[26:46] | He ended up getting a job at the check cashing place. | |
[26:50] | And he wanted to buy a motorcycle, this guy. | |
[26:55] | We thought we were so freakin’ brilliant. | |
[26:58] | Wait a second. I’m… | |
[27:00] | I’m confused. | |
[27:01] | So, your friend, how did he die? | |
[27:04] | We knew that they had cameras. | |
[27:06] | We knew we had to put on a show. | |
[27:09] | I came in there, waved the gun around, | |
[27:11] | I tied him up, put a gag in his mouth. | |
[27:14] | And then I don’t know what happened. | |
[27:18] | By the time I was done, | |
[27:20] | you know, they to… they told me they think he panicked. | |
[27:23] | He threw up, choked on his own vomit. | |
[27:30] | Tell me about George. | |
[27:32] | You tell me about George. | |
[27:34] | Did he have any idea what was going on? | |
[27:36] | Not a clue. He was just… | |
[27:38] | He was my ride. That’s all. | |
[27:39] | Period. | |
[27:41] | You want to make this right? | |
[27:44] | What do you mean? How? | |
[27:46] | Testify on his behalf. | |
[27:48] | I’d love to. | |
[27:49] | But who’s gonna believe me? | |
[27:52] | You let us worry about that. | |
[27:56] | – Your brother said to say hello. – Rick? | |
[27:59] | H-How is he? Is he okay? | |
[28:01] | As okay as you can be in prison. | |
[28:03] | He feels terrible | |
[28:05] | about everything that’s happening to you. | |
[28:07] | He wants to help. | |
[28:10] | So… | |
[28:12] | the court officer just informed me | |
[28:14] | that the judge wants to have a meeting in his chambers. | |
[28:17] | Yes, | |
[28:19] | I am asking to call a surprise witness. | |
[28:21] | But it’s as much a surprise to me as it is to you, Your Honor. | |
[28:23] | We just put this piece of the puzzle together yesterday. | |
[28:25] | Your Honor, what may or may not have happened | |
[28:27] | three years after the crime that my client is on trial for | |
[28:30] | is completely irrelevant. | |
[28:32] | I disagree. It is the very definition of relevance. | |
[28:34] | It’s a subsequent bad act. | |
[28:36] | Your client used his stolen identity to commit larceny | |
[28:39] | in the state of New Hampshire. | |
[28:40] | He bought $10,000 worth of electronics at a Best Buy | |
[28:43] | with a fraudulently acquired credit card | |
[28:45] | and never paid it off. | |
[28:46] | Well, maybe he did, maybe he didn’t. | |
[28:48] | Let’s not forget none of this has been proven. But, | |
[28:51] | as Mr. Colón pointed out, how would credit card theft | |
[28:53] | illuminate for the jury whether or not Mr. Brown | |
[28:55] | was party to a murder? | |
[28:57] | Well, for one, it might very well suggest | |
[28:59] | a pattern of lawlessness that the jury could find compelling | |
[29:02] | as they try to wrestle with the key question here, | |
[29:05] | which is, how much did Mr. Brown actually know | |
[29:07] | about what he was doing that night? | |
[29:09] | Really, Your Honor? The possibility that my client | |
[29:11] | may have bought a TV and DVD player and never paid for it | |
[29:14] | somehow makes him a more plausible coconspirator | |
[29:17] | to murder? | |
[29:19] | Are you lecturing me, sir? | |
[29:20] | Of course not, Your Honor. | |
[29:24] | I’m going to allow the witness. | |
[29:26] | But I’m calling | |
[29:28] | a recess for today to allow both sides to prepare. | |
[29:30] | Thank you for allowing the witness. | |
[29:32] | – And thank you for the time to prepare. – Yes. | |
[29:34] | Thank you for the time to prepare. | |
[29:37] | You’re all very welcome. | |
[29:49] | Even if we do put his brother on the stand, | |
[29:52] | he’s right. Who’s gonna believe him? | |
[29:54] | It’s a tough story to buy into. | |
[29:56] | “My friend and I planned | |
[29:57] | “this robbery together. | |
[29:58] | “He just happened to die. And, oh, | |
[30:00] | “uh, by the way, my brother had no idea | |
[30:02] | – what we were up to”? – Not to pour salt in the wound, | |
[30:04] | but the two green jurors that we still have, they’re soft. | |
[30:07] | Based on my focus group work, | |
[30:10] | it’s not gonna take much to turn them red. | |
[30:13] | I don’t want to hear it! | |
[30:14] | I’ve had enough bad news for one day. | |
[30:16] | Too damn bad. I’m coming in. | |
[30:19] | Wow, look at all the happy faces. | |
[30:23] | You come up with something to refute the charges | |
[30:25] | that George committed credit card fraud? | |
[30:27] | Although, for the life of me, | |
[30:28] | I still don’t see what that has to do with this. | |
[30:31] | Cable’s working on it. | |
[30:32] | I’ve been watching the closed circuit security tapes | |
[30:34] | of the robbery that came over with the prosecution’s | |
[30:37] | latest batch of discovery materials. | |
[30:39] | Can I show you guys something? | |
[30:41] | There’s no sound. | |
[30:43] | Just picture. So you got to watch carefully. | |
[30:47] | Okay, see what George’s brother does after everything is done? | |
[30:50] | He’s got the money. | |
[30:51] | Now, based on the time stamp, we know that, | |
[30:53] | by this time, the alarm is going off. | |
[30:54] | So he’s got to be concerned that the cops are on their way. | |
[30:57] | Watch him. | |
[30:58] | He starts to head out, and then he comes back. | |
[31:02] | Looks like he’s saying something. | |
[31:03] | He’s realizing something’s wrong. | |
[31:07] | See? | |
[31:09] | He’s realizing | |
[31:11] | his friend is dead. | |
[31:12] | When’s the last time you heard about a robber | |
[31:14] | stopping mid-getaway to check his victim’s pulse? | |
[31:17] | So you think if we show this to a jury | |
[31:19] | after we put Rick on the stand, they’ll believe | |
[31:21] | that Kirk’s death was accidental? | |
[31:23] | Yes! | |
[31:26] | I think George has an alibi. | |
[31:28] | Well, what do you mean? | |
[31:30] | Okay, on the day of the purchase, | |
[31:31] | he was nowhere near New Hampshire. | |
[31:33] | He was working as a dishwasher in a restaurant he now owns. | |
[31:36] | I just finished reaching out to his old boss, the man | |
[31:38] | he bought the restaurant from. | |
[31:39] | He has time cards and eyewitnesses. | |
[31:41] | There is no way he could have done it. | |
[31:43] | What do you think? | |
[31:45] | It’s good. | |
[31:47] | I just wish it was a little more. | |
[31:50] | And I wish with all my heart it proved he had no idea | |
[31:52] | what his brother and best friend were up to that night. | |
[31:54] | Well, actually, there is a little bit more. | |
[31:57] | I tracked down the Best Buy receipts | |
[31:59] | and located all the serial numbers and identifiers | |
[32:01] | associated with the purchased items, | |
[32:02] | which were actually laptops, by the way. | |
[32:04] | Then I did a search for those. | |
[32:07] | And after all this time, I actually found one | |
[32:08] | on an archived | |
[32:09] | online auction site. | |
[32:11] | I did a little hacking | |
[32:12] | and tracked down the seller’s IP address. | |
[32:15] | And it turns out | |
[32:16] | it belongs to an Emory Cochburn, | |
[32:20] | who, by the way, is in prison for insurance fraud. | |
[32:24] | – Which means…? | – Which means |
[32:26] | whoever sold the stolen Social Security number to George | |
[32:29] | sold it at least one more time. | |
[32:31] | Looks that way. | |
[32:33] | Nice work, Cable. | |
[32:34] | I just wish | |
[32:36] | it cleared George of the crime | |
[32:37] | we were hired to defend him from. | |
[32:39] | George Brown stole the Social Security number | |
[32:41] | of the deceased, Jim Grayson, | |
[32:42] | to establish a new identity. | |
[32:44] | He then opened a credit card | |
[32:46] | at a Best Buy in Manchester, New Hampshire, | |
[32:48] | and used that card to purchase $10,000 worth of electronics | |
[32:51] | that he had no intention of ever paying for. | |
[32:54] | Thank you, Officer Lyden. | |
[33:01] | Officer Lyden, thank you. | |
[33:03] | Thank you for taking the time and coming | |
[33:05] | – to talk to us today. – My pleasure. | |
[33:07] | Let me ask you something. | |
[33:08] | Do you have any actual proof | |
[33:11] | that the man sitting before you here today is the same man | |
[33:17] | who fraudulently applied for a credit card | |
[33:19] | and bought these electronics? | |
[33:21] | Of course. It’s the same name, same Social Security number. | |
[33:25] | What else do you need? | |
[33:27] | And what if I told you that this Jim Grayson, | |
[33:29] | also known as George Brown, was in Glen Rock, New Jersey, | |
[33:32] | hundreds of miles away at the time of the purchase, | |
[33:35] | and that someone else had bought | |
[33:36] | the same stolen Social Security number | |
[33:39] | and committed the theft that you are attributing to my client? | |
[33:42] | Well, I would say that sounds like a pretty convenient story. | |
[33:47] | Your Honor, we’d like to offer proof | |
[33:51] | of my client’s alibi | |
[33:53] | in the form of time cards | |
[33:56] | and eyewitness accounts | |
[33:58] | from Mr. Brown’s place of employment | |
[34:01] | at the date in question. | |
[34:02] | It may not be the slam dunk we need… not yet… | |
[34:06] | but these jurors are starting to warm up. | |
[34:07] | I can feel it. | |
[34:09] | The jury hasn’t heard enough to acquit, | |
[34:10] | or even force a mistrial, | |
[34:12] | but they’re listening to us again. | |
[34:13] | They think we have something to say, | |
[34:15] | and I’ll take that any time. | |
[34:17] | Tell Cable thanks for all the hard work. | |
[34:30] | I just kept thinking about what you told us | |
[34:31] | the older brother said. | |
[34:32] | That this whole thing was really an inside job. | |
[34:34] | That no one was supposed to lose their lives. | |
[34:37] | That these guys knew each other. | |
[34:38] | And then I kept thinking about what you said. | |
[34:41] | That Rick can testify to it, but who’s gonna believe him? | |
[34:44] | How do you prove it? | |
[34:45] | Yeah? So? | |
[34:47] | So I woke up and watched the tape again. | |
[34:49] | I mean, the idea of it actually woke me up. | |
[34:52] | Only this time, I watched it with that in mind. | |
[34:57] | And I think I found something. | |
[35:02] | See that? | |
[35:03] | See what? | |
[35:05] | Kirk, the friend, he puts his hands up | |
[35:08] | before Rick pulls out his gun. | |
[35:13] | You want proof it was an inside job, there it is. | |
[35:17] | You want to prove that they knew each other, | |
[35:19] | there it is. | |
[35:21] | You want to prove that no one was supposed to die that night? | |
[35:23] | Picture’s worth a thousand words. | |
[35:25] | If we can prove it’s an inside job with the cooperation | |
[35:28] | of an employee of the store, | |
[35:29] | technically, there’s no armed robbery, | |
[35:31] | which negates the felony murder charge, which means… | |
[35:34] | George is actually innocent. | |
[35:42] | Well, what’d you get? | |
[35:44] | The mother lode, pretty much. | |
[35:46] | Although I think I did promise | |
[35:48] | – to marry the guy who got them for me. – Excellent. | |
[35:50] | Who doesn’t love a good wedding? | |
[35:51] | So you’re looking at call logs | |
[35:52] | between Kirk’s pager and Rick’s phone, | |
[35:54] | Rick’s pager and Kirk’s phone, | |
[35:56] | and calls between both men’s phones starting in late 1999. | |
[35:59] | Then it jumps to ten exchanges per day | |
[36:02] | during the week of the robbery. | |
[36:05] | Ah. Great. | |
[36:07] | Um, go home, get some sleep. | |
[36:10] | What is your relationship to the defendant? | |
[36:14] | He’s my younger brother. | |
[36:16] | And what was your relationship | |
[36:18] | to the clerk who died in the robbery… | |
[36:20] | Kirk Getty? | |
[36:22] | I worked in the mall as a custodian. | |
[36:26] | Kirk sold sunglasses. | |
[36:28] | We met one night. | |
[36:30] | We hit it off. | |
[36:32] | We realized, uh, we had a lot in common. | |
[36:34] | So, | |
[36:36] | I mean, at what point did the two of you decide | |
[36:38] | to stage a robbery together? | |
[36:40] | Objection. Leading. | |
[36:43] | My apologies, Your Honor. | |
[36:44] | Let me word it a different way. | |
[36:46] | Uh… uh, whose idea was it | |
[36:50] | to rob a check cashing place? | |
[36:52] | Well, it actually started out with Kirk. He… | |
[36:56] | You know, he wanted to buy this motorcycle. | |
[36:59] | Uh, but truthfully, within 90 seconds, | |
[37:02] | we were planning it together. | |
[37:04] | Because he worked there, he knew all the important stuff, | |
[37:07] | like combination to the safe | |
[37:10] | and what day and time to show up | |
[37:12] | when there would be the most cash there. | |
[37:15] | It really seemed like it was gonna be easy. | |
[37:18] | And-and what about your brother, George Brown? | |
[37:20] | Was he in on the planning? | |
[37:21] | No. George would never do something like that. | |
[37:25] | All he was doing that night was picking me up from work. | |
[37:29] | He didn’t know why I wanted | |
[37:30] | to stop by the check cashing place. | |
[37:32] | All he wanted was to get home. | |
[37:35] | So you never planned on killing anyone? | |
[37:37] | Of course not. There were no bullets in the gun. | |
[37:40] | It was all for the security camera. | |
[37:42] | With that in mind, we’d like to enter into evidence | |
[37:46] | the security camera footage from that night, | |
[37:48] | with a particular emphasis on the time code numbers | |
[37:51] | indicated on the paperwork. | |
[37:56] | You can clearly see the victim with his hands up, | |
[37:59] | even before the witness exposes his weapon. | |
[38:02] | A clear indication that he knew exactly | |
[38:04] | what was going to happen that night. | |
[38:07] | As well as another time code, | |
[38:09] | which clearly shows the witness delaying his exit | |
[38:11] | out of the store, | |
[38:13] | so he could check on the condition of his friend | |
[38:16] | once he realized that he was in some form of distress. | |
[38:19] | Additionally, we’d like to enter into evidence phone records | |
[38:24] | that clearly indicate the prior relationship | |
[38:28] | between the witness and the victim. | |
[38:32] | Order in the court, please. | |
[38:34] | Let’s quiet down. Let’s quiet down. | |
[38:38] | No further questions for this witness, Your Honor. | |
[38:42] | Marissa, we just hit them with all the firepower we’ve got. | |
[38:45] | Tell me it made a difference. | |
[38:46] | You want the good news or the bad news? | |
[38:49] | All your generative jurors finally woke up | |
[38:51] | and have gone green. | |
[38:52] | Bad news is, there’s only six of them. | |
[38:54] | The other six aren’t quite there yet. | |
[38:57] | Mr. Peluso, your witness. | |
[38:59] | Uh, in light of all this new information, | |
[39:03] | if it pleases the Court, I was hoping | |
[39:05] | I could request a brief recess? | |
[39:07] | This court will take a 20-minute recess. | |
[39:12] | What do you think that means? | |
[39:14] | I don’t know. Maybe he’s a smoker. | |
[39:16] | Maybe he’s got a small bladder. | |
[39:21] | Maybe he wants to borrow some money. | |
[39:23] | I’ll be right back. | |
[39:28] | It’s a great system, isn’t it? | |
[39:31] | You go into it thinking, “I know what’s going on here. | |
[39:34] | “I know what’s right. | |
[39:36] | I know where this is gonna end up”” | |
[39:38] | And then… | |
[39:39] | It’s just a great system. | |
[39:42] | I think it’s, like, seven-five, or five-seven. | |
[39:45] | Or maybe it’s split down the middle. | |
[39:47] | – What do you think? – I think he’s an innocent man. | |
[39:49] | I think you know it. I think they feel it. | |
[39:53] | Thing is, you’re not gonna get ’em all, and neither am I, | |
[39:55] | which means you’re staring at a mistrial, | |
[39:57] | which means you steal another year | |
[40:00] | of this guy’s life while he sits in jail | |
[40:02] | waiting for his second day in court. | |
[40:04] | And his kids keep growing, and his wife keeps wondering | |
[40:06] | why she suddenly became a single parent. | |
[40:08] | And he’s forced to close his business | |
[40:11] | and let his employees go. | |
[40:12] | And like I said when we first met, what’s the point? | |
[40:17] | He’s not a criminal. | |
[40:18] | He never was. | |
[40:20] | You really want me to go in there and ask for a dismissal? | |
[40:24] | I have people I have to answer to. | |
[40:25] | This is not an easy conversation to have. | |
[40:27] | Yeah, but the conversation you want to have | |
[40:30] | isn’t happening today, so why not get this one over with? | |
[40:33] | In fact, why don’t you call ’em right now? | |
[40:37] | Mr. Assistant District Attorney, you’re not a stupid man. | |
[40:39] | You know you’re not getting a conviction against George Brown. | |
[40:42] | Not today, not ever. | |
[40:43] | And that’s with me and my team having about a week to prepare. | |
[40:46] | You put my client through another year of this hell, | |
[40:50] | and I promise you I will spend every day of that year | |
[40:54] | getting ready for the new trial. | |
[40:57] | And when we meet again, you won’t know what hit you. | |
[41:01] | Now I’m gonna go back inside while you make up your mind. | |
[41:05] | Surprise me. | |
[41:16] | Your Honor? | |
[41:18] | It’s a great system, isn’t it? | |
[41:22] | You go into a trial thinking, “I know what’s going on here. | |
[41:25] | “I know what’s right. | |
[41:27] | I know where this is gonna end up.” | |
[41:29] | And then the system humbles you. | |
[41:31] | You realize you hadn’t considered all the facts, | |
[41:33] | that your thinking may have been flawed. | |
[41:36] | And that incarcerating someone who almost certainly had no idea | |
[41:39] | what was going on in a building 35 feet away | |
[41:42] | while he sat in a car makes no sense. | |
[41:44] | I believe that’s the case here. | |
[41:46] | And with that in mind, the district attorney’s office | |
[41:49] | would like to enter a motion | |
[41:50] | to dismiss all charges against George Brown. | |
[41:54] | This court will accept the prosecution’s motion. | |
[41:57] | The defendant is free to go. | |
[41:58] | And we thank the jury for its service. | |
[42:06] | Thank you. | |
[42:17] | I know we’ve never met before. | |
[42:21] | But my name is George. | |
[42:24] | My last name is Brown. | |
[42:28] | And you’d make me the happiest man in the world | |
[42:31] | if you’d marry me and make that your last name, too. | |
[42:44] | You know, I think those two have a future together. | |
[42:49] | Wait a second. | |
[42:51] | Are those tears? You crying, you big old softie? | |
[42:54] | Excuse me. I believe you’re mistaken. | |
[42:56] | These are not tears. | |
[42:58] | Wasn’t it Tom Hanks who famously said, | |
[43:00] | “There’s no tears in trial science”? | |
[43:03] | No. I believe he was talking about chocolates. | |
[43:05] | – No reference to trial science. – Whatever. |