| 时间 | 英文 | 中文 |
|---|---|---|
| [00:08] | Rosenberg? You guys involved in this one? | |
| [00:10] | Yeah, well, the guy’s a postal worker, right? | |
| [00:12] | That makes him a federal employee. | |
| [00:14] | That makes this potentially a capital crime. | |
| [00:17] | Well, it’s not like he was delivering the mail | |
| [00:19] | when it happened. When we hear that one of our federal employees | |
| [00:22] | and his family have been a victim of arson, rape and murder, | |
| [00:25] | we like to stick our nose in, see what’s what. | |
| [00:29] | Want to give me a tour? | |
| [00:35] | That’s the husband and wife. | |
| [00:37] | Not sure if you can tell, but she’s naked. | |
| [00:40] | Both tied to those chairs. | |
| [00:42] | In addition to burning to death, | |
| [00:44] | we believe there are multiple stab wounds on both victims. | |
| [00:47] | Won’t be sure for a while. | |
| [00:49] | Can’t really handle the bodies in this state. | |
| [00:54] | So, what do we know? | |
| [00:55] | Silver Ford Explorer missing from the driveway. | |
| [00:57] | We’ve got an APB out across the entire state. | |
| [00:59] | – He stole their car? – You think the guy’s | |
| [01:01] | stupid enough to still be driving it? | |
| [01:03] | Takes all kinds of stupid to make a world. | |
| [01:06] | What else we got? What’s with the bike? | |
| [01:07] | 12-year-old daughter. | |
| [01:09] | She wasn’t home. | |
| [01:11] | At a friend’s for a sleepover. | |
| [01:13] | Only silver lining. | |
| [01:28] | You, silver Explorer, pull over. | |
| [01:37] | Put your hands where I can see ’em! | |
| [01:40] | Do it now! | |
| [01:48] | Okay, now, I need to see your license and registration. | |
| [01:51] | Your license in your pocket? | |
| [01:54] | Okay, you can reach for it. | |
| [01:56] | No sudden moves. | |
| [02:04] | Put your hands on the steering wheel. | |
| [02:10] | Elliot Miles? | |
| [02:12] | You call this in. | |
| [02:15] | The hell is this? | |
| [02:40] | Hey. | |
| [02:41] | – Ah. – Sorry to keep you waiting. | |
| [02:44] | I saw you kissing that teenager. | |
| [02:46] | You know, that’s against the law in this country, | |
| [02:48] | and most other civilized societies | |
| [02:50] | around the world, for that matter. | |
| [02:51] | Ah, right, right. | |
| [02:52] | No, she is 34. I know she looks younger. | |
| [02:56] | Said Jerry Lee Lewis to the judge. | |
| [02:58] | No, no, no. | |
| [02:59] | We, uh… we met at the airport | |
| [03:02] | over Thanksgiving. | |
| [03:04] | Just got back in touch a couple weeks ago. | |
| [03:07] | And for you, sir? | |
| [03:08] | I’ll have what he’s having. | |
| [03:10] | So… what are we doing here? | |
| [03:13] | Huh? What was so urgent that you had to tear me away | |
| [03:17] | from my life of nomadic introspection | |
| [03:19] | and years of sexual depravity? | |
| [03:20] | Well, it’s, uh… | |
| [03:22] | it’s good news… I think. | |
| [03:25] | Just not the kind of news you discuss in the office. | |
| [03:28] | Oh. | |
| [03:30] | My sister… | |
| [03:32] | she’s getting remarried. | |
| [03:37] | Which means you, my friend, are off the hook. | |
| [03:42] | No more alimony, | |
| [03:43] | no more rent on that Tribeca co-op. | |
| [03:46] | You are a free man. | |
| [03:48] | Financially speaking. | |
| [03:56] | She’s been… | |
| [03:57] | meaning to tell you for a month or so. | |
| [04:01] | That’s why she left you all those phone messages. | |
| [04:05] | But then she chickened out. | |
| [04:07] | And here I am, the bearer of… | |
| [04:10] | whatever kind of news you think it is. | |
| [04:14] | That’s great. | |
| [04:15] | I’m happy for her. Really. | |
| [04:18] | No, I… knew you would be. | |
| [04:23] | So, where’d your girlfriend go? | |
| [04:27] | At a wine bar, right down the street. | |
| [04:31] | What are you doing here? | |
| [04:34] | Talking to you. | |
| [04:37] | Now, get out of here. Go see your girlfriend. | |
| [04:40] | It’s getting late… you don’t want her to miss her curfew. | |
| [04:42] | Mm-hmm. | |
| [05:00] | Hello? | |
| [05:02] | Jason? | |
| [05:06] | Of course. | |
| [05:07] | I’ll-I’ll get there as quickly as I can. | |
| [05:15] | Oh-ho-ho-ho! God. | |
| [05:27] | Sorry. | |
| [05:32] | Thanks. | |
| [05:39] | There, you want that back? | |
| [05:41] | You don’t want that back. | |
| [05:49] | Thank you. | |
| [05:57] | You got somebody picking you up? | |
| [06:00] | I can… give you a ride home, if you need. | |
| [06:07] | Hmm. | |
| [06:09] | Well… | |
| [06:11] | you know… | |
| [06:14] | if you ever need anything… | |
| [06:17] | you just give me a call. | |
| [06:22] | Elliot Miles? | |
| [06:24] | The interpreter’s on his way. | |
| [06:27] | Officer’s gonna walk you back for questioning. | |
| [06:35] | He doesn’t speak English? | |
| [06:37] | He doesn’t speak anything. | |
| [06:38] | You Jason Bull? | |
| [06:41] | Someone has to be. | |
| [06:42] | Congratulations. You’ve made bail. | |
| [06:46] | Thank you for doing that. | |
| [06:48] | No problem. | |
| [06:53] | Criminal mischief in the fourth degree? | |
| [06:55] | Yeah, it sounds worse than it is. | |
| [06:59] | I got in a fight with one of those vending machines | |
| [07:00] | that sells you bottles of water. | |
| [07:02] | I gave it three dollars, and all it did was laugh at me. | |
| [07:05] | So you kicked it? | |
| [07:06] | Kicked it till you broke it? | |
| [07:08] | Well, the only other bills I had were twenties, | |
| [07:10] | and I wasn’t gonna put one of those in. | |
| [07:12] | When did human beings | |
| [07:13] | start selling water to each other, anyway? | |
| [07:15] | It falls from the sky. No one owns it. | |
| [07:17] | When I was a kid, it was something you offered people. | |
| [07:20] | I’m worried about you. | |
| [07:22] | I’m fine. | |
| [07:25] | I’m fine. | |
| [07:27] | You know what? You’re not. | |
| [07:28] | When I met you, you were ambitious and… | |
| [07:32] | focused and d-disciplined. | |
| [07:34] | My God, I never met anyone with more discipline. | |
| [07:38] | Last couple of years, though… | |
| [07:39] | Izzy’s getting remarried. | |
| [07:45] | Okay. | |
| [07:48] | I’m sorry. | |
| [07:51] | But she wasn’t getting married yesterday, | |
| [07:52] | or last month, | |
| [07:54] | – or… – Well, apparently she was, | |
| [07:55] | ’cause everybody knew about it except me. | |
| [07:57] | You’re changing the subject. | |
| [07:58] | You used to be a citizen of the world. | |
| [08:02] | You never met a person you didn’t find fascinating. | |
| [08:05] | But lately you live in your head… | |
| [08:08] | for an audience of one. | |
| [08:09] | I mean, every day, I see you checking your watch | |
| [08:12] | to see if it’s late enough to have your first drink. | |
| [08:14] | And if it’s not that, it’s how long until lunch. | |
| [08:18] | You sleep in your office. | |
| [08:21] | Your clothes don’t fit. | |
| [08:24] | I think you are an amazing person, Jason, | |
| [08:28] | but I am tired of worrying about you. | |
| [08:31] | Pitying you. | |
| [08:36] | I want to admire you again. | |
| [08:55] | _ | |
| [09:15] | You probably think I’m here to return your handkerchief. | |
| [09:19] | My name’s Dr. Jason Bull, | |
| [09:21] | and I run a trial science company, | |
| [09:23] | it’s a kind of law office… we help people. | |
| [09:26] | And it occurred to me after I left here… | |
| [09:30] | you might need help. | |
| [09:32] | I know the idea of being represented | |
| [09:34] | by someone you met in jail sounds… unconventional, | |
| [09:37] | but I guarantee you I am… | |
| [09:40] | great at what I do. | |
| [09:43] | Nonetheless… | |
| [09:46] | the government… | |
| [09:48] | wants to execute you… | |
| [09:51] | and I would like to make sure that doesn’t happen. | |
| [09:55] | But there’s one thing I need to know. | |
| [10:00] | Did you do it? | |
| [10:07] | Good answer. | |
| [10:21] | Everybody know who this is? | |
| [10:23] | Isn’t that the guy accused of raping that woman | |
| [10:25] | and burning her and her husband to death in Brooklyn? | |
| [10:27] | It is. He’s also our newest client. | |
| [10:29] | His name is Elliot Miles. | |
| [10:30] | Yeah, heard on the news that they’re prosecuting | |
| [10:32] | this case as a capital crime. | |
| [10:35] | Feds are looking for the death penalty. | |
| [10:37] | How did Bull get roped into this one? | |
| [10:40] | Some hotshot attorney put the arm on him? | |
| [10:42] | No. Apparently, Bull and Elliot actually know each other. | |
| [10:47] | And according to this 20-page e-mail | |
| [10:50] | he sent me late this morning, | |
| [10:52] | Bull believes he’s innocent. | |
| [10:54] | Based on everything I’m reading, he’s the only one. | |
| [10:57] | Wait a second. | |
| [10:58] | If he wasn’t brought into this case by the kid’s attorney, | |
| [11:01] | then who’s the kid’s attorney? | |
| [11:03] | I believe that would be the esteemed Benjamin Colón. | |
| [11:08] | I’m trying a death penalty case? | |
| [11:10] | Certainly appears that way. | |
| [11:11] | Oh… | |
| [11:13] | Okay, well, | |
| [11:15] | according to the papers, the kid works in construction. | |
| [11:17] | Lives in Astoria. | |
| [11:19] | Got pulled over for driving a stolen SUV, | |
| [11:22] | which, turns out, belongs to the murdered couple. | |
| [11:25] | None of this sounds good. | |
| [11:27] | What does Bull know that the papers don’t? | |
| [11:29] | According to Bull’s notes, Elliot bought the car | |
| [11:32] | two days after the murders. $600 cash. | |
| [11:35] | He was standing at a bus stop | |
| [11:36] | and a guy pulled over and offered to sell it to him. | |
| [11:39] | No paperwork, just money for keys. | |
| [11:41] | – And Bull believes that? – According to this e-mail. | |
| [11:43] | He says he sat with Elliot for two hours. | |
| [11:47] | We get a description of this generous fellow | |
| [11:49] | who hands out three-year-old cars for $600? | |
| [11:51] | White male, brown hair, average height and build. | |
| [11:54] | Wow. That’s what, | |
| [11:56] | 200 million people? | |
| [11:57] | Also, he was wearing a ring, a class ring. | |
| [11:59] | It had a green stone. | |
| [12:01] | Oh. Well, there you go. | |
| [12:02] | Now we’re dealing with 50 million people. | |
| [12:04] | Does he at least have an alibi? | |
| [12:06] | It’s pretty weak. | |
| [12:08] | He left the jobsite at 5:30 to run some errands for his boss. | |
| [12:11] | Says he was done with those by 6:30. | |
| [12:13] | Ate something and took a subway ride home to Queens. | |
| [12:16] | His girlfriend says he walked through the front door | |
| [12:19] | a little after 8:00. | |
| [12:21] | The fire was set around 7:30. | |
| [12:23] | But that was in Brooklyn, a 20-minute subway ride away. | |
| [12:26] | So theoretically, he could have done it. | |
| [12:28] | It would have been a sprint, but he could have done it. | |
| [12:30] | By the way, Bull wants | |
| [12:32] | to get the girlfriend in here for you to prep. | |
| [12:35] | – Okay. – Here is the address | |
| [12:37] | of the bus stop where Elliot bought the dead couple’s SUV. | |
| [12:40] | – Danny. – Mm? | |
| [12:42] | Bull would like you to go down there. | |
| [12:43] | See if anybody saw anything. | |
| [12:45] | And Cable, see if anybody within a three-block radius | |
| [12:48] | has any cameras. | |
| [12:49] | Anything that can help us pinpoint | |
| [12:50] | what time Elliot took possession of that SUV. | |
| [12:54] | Not to mention, maybe giving us a picture | |
| [12:56] | of the guy who sold it to him. | |
| [12:57] | Done and done. | |
| [12:58] | And one more thing. | |
| [12:59] | They haven’t mentioned it in the news reports, | |
| [13:01] | but Elliot is mute. | |
| [13:03] | Mute? As in can’t talk? | |
| [13:06] | But Bull said he spent two hours with him? | |
| [13:08] | He can hear. He writes his answers. | |
| [13:10] | – And can sign. – Sounds like | |
| [13:12] | he’ll make a hell of a witness | |
| [13:13] | if we decide to put him on the stand. | |
| [13:15] | Sounds like the boss is acting a tad impetuously on this one. | |
| [13:19] | I’m glad you said it. | |
| [13:20] | I’m sensing some dissension in the ranks. | |
| [13:22] | Well, get it out of your systems today | |
| [13:24] | because he’s gonna be in the office | |
| [13:25] | bright and early tomorrow morning. | |
| [13:43] | Bull? | |
| [13:45] | Yes, Marissa? | |
| [13:47] | Um, you look… | |
| [13:49] | uh, different, um… | |
| [13:51] | Good different. | |
| [13:52] | Well, I bought a new suit. | |
| [13:53] | One that fits. | |
| [13:54] | Slept eight hours. In a row. | |
| [13:56] | In my apartment. | |
| [13:57] | And went a whole day without a drink. | |
| [13:59] | Okay. | |
| [14:02] | Look, yesterday morning, | |
| [14:04] | I-I may have said some things. | |
| [14:07] | You did. | |
| [14:09] | And I needed to hear them. | |
| [14:12] | I don’t want to be someone you worry about. | |
| [14:15] | I want to be someone you admire. | |
| [14:17] | But I do admire you. | |
| [14:18] | I always have, I always will. | |
| [14:20] | Well, I haven’t always admired me. | |
| [14:23] | Not lately. | |
| [14:24] | But I’m determined to change that | |
| [14:26] | and I think a big part of that | |
| [14:28] | is sinking our teeth into something of consequence, | |
| [14:31] | something that matters. | |
| [14:34] | And defending Elliot Miles is just that. | |
| [14:38] | – Is the team excited? – Wha… I… | |
| [14:41] | think everyone is a little overwhelmed. | |
| [14:43] | And plus, I’m not you. I’m not sure | |
| [14:45] | I was able to convey your… | |
| [14:48] | enthusiasm. | |
| [14:50] | I think they really need to hear from you. | |
| [14:52] | Let’s talk capital murder. | |
| [14:54] | Capital murder cases are unique | |
| [14:56] | in two special ways. For one, | |
| [14:57] | the entire jury has to be “death-qualified.” | |
| [15:01] | Death-qualified? | |
| [15:03] | Well, that sounds morbid. | |
| [15:04] | What does it mean? | |
| [15:05] | It means that during voir dire, | |
| [15:07] | the judge won’t even consider seating a juror | |
| [15:09] | if they haven’t already assured him or her | |
| [15:12] | that they’re willing to convict our client to death. | |
| [15:14] | Uh, you said there were two differences. | |
| [15:16] | Well, there are potentially | |
| [15:18] | two parts of this trial. | |
| [15:20] | The first part is the typical criminal case, | |
| [15:22] | adjudicating innocence or guilt. | |
| [15:24] | Then, if the client is found guilty, | |
| [15:27] | there’s the penalty phase. | |
| [15:28] | And that’s the second part. | |
| [15:29] | And the jury, not the judge, decides the sentence. | |
| [15:33] | And there are only two choices. | |
| [15:35] | Death or life in prison. | |
| [15:38] | And just in case | |
| [15:39] | you were wondering, we get the same jury for both. | |
| [15:42] | You really are a glutton for punishment, aren’t you? | |
| [15:44] | I just think I’m pretty good at reading people. | |
| [15:47] | They say this kid’s a rapist. | |
| [15:49] | Followed this woman home. | |
| [15:50] | Did what he wanted to do with her and then, | |
| [15:52] | when her husband surprised them, | |
| [15:54] | he somehow tied them both up and set the place on fire | |
| [15:57] | to cover his tracks. Okay. | |
| [15:58] | If you say so. | |
| [16:00] | And then he stole their car. | |
| [16:01] | The guy who just torched the place | |
| [16:03] | so you wouldn’t know it was him. | |
| [16:06] | Okay. | |
| [16:07] | If that’s what you’re selling. | |
| [16:09] | The same kid | |
| [16:10] | offered me his handkerchief | |
| [16:12] | after I puked all over myself the other night. | |
| [16:15] | Offered me a piece of gum. | |
| [16:18] | Offered me a smile. | |
| [16:22] | He didn’t know who I was. | |
| [16:24] | He just did it. | |
| [16:25] | So I just don’t… see it. | |
| [16:28] | Now I sense that some of you think | |
| [16:30] | getting involved with this is a fool’s errand. | |
| [16:33] | Well… all right, | |
| [16:36] | so be it, but it’s your fault for choosing to work for a fool. | |
| [16:41] | There is nothing that proves Elliot is guilty. | |
| [16:44] | Ladies and gentlemen, in the trial of Elliot Miles, | |
| [16:47] | the federal government is seeking the death penalty. | |
| [16:49] | Before I can seat you, I need to know that you are capable | |
| [16:52] | and willing to vote for such a punishment. | |
| [16:54] | Who here has a religious or moral objection | |
| [16:56] | to the death penalty? | |
| [16:59] | Keep your hands up. | |
| [17:00] | These jurors are dismissed. | |
| [17:02] | No matter who we’re left with, we need to find jurors | |
| [17:05] | who are prone to reduced emotional reactivity. | |
| [17:08] | People who are more likely to weigh the facts, not be clouded | |
| [17:11] | by the horror of the crime. | |
| [17:13] | Even if the evidence says it’s possible Elliot did this, | |
| [17:16] | they will see it’s not impossible that he didn’t. | |
| [17:19] | Creating reasonable doubt. | |
| [17:22] | Okay. Well, how do we find these people? | |
| [17:24] | It’s actually fairly simple. | |
| [17:26] | We ask about important moments in their lives, | |
| [17:28] | emotionally charged moments. | |
| [17:30] | People with reduced emotional reactivity | |
| [17:32] | will talk about births, deaths, weddings, divorces | |
| [17:36] | in a clinical and detached fashion. | |
| [17:38] | So they’re… actually pretty easy to spot. | |
| [17:42] | Do you mind if I ask, has anyone here | |
| [17:44] | recently lost a family member? | |
| [17:49] | Do you feel comfortable talking about your loss? | |
| [17:51] | – Sure. – Okay. | |
| [17:52] | – Uh, who was it that passed? – My father. | |
| [17:55] | About six months ago. | |
| [17:58] | Worst experience of my life. | |
| [18:00] | Watching him waste away. | |
| [18:05] | Uh, Your Honor, | |
| [18:06] | we’d like to, uh, dismiss this juror. | |
| [18:09] | We want people who keep their emotions in check. | |
| [18:11] | We’re looking for limited gesturing, | |
| [18:13] | restrained facial expressions, | |
| [18:15] | and definitely… | |
| [18:17] | no criers. | |
| [18:19] | Describe the best day of your life. | |
| [18:22] | Oh, my God. | |
| [18:23] | My wedding day. | |
| [18:25] | My husband was a dancing machine | |
| [18:27] | and a drinking machine. | |
| [18:29] | And then he fell into the pool | |
| [18:31] | doing the Electric Slide, | |
| [18:32] | and then he was good for nothing. | |
| [18:34] | But still, it was an amazing day. | |
| [18:39] | Divorce. The greatest day of my life. | |
| [18:43] | You know that joke? | |
| [18:45] | Why is divorce so expensive? | |
| [18:47] | ‘Cause it’s worth it. | |
| [18:48] | Oh. I thought of a better day. | |
| [18:51] | The day my ex got remarried. | |
| [18:54] | Bingo. | |
| [18:55] | Like winning the Lotto. | |
| [18:59] | Your Honor, we’d like to dismiss this juror also. | |
| [19:02] | Man’s on a cuttin’ frenzy. Kind of looks that way. | |
| [19:05] | Bull, I know you know this, | |
| [19:06] | but we’re running low on strikes. | |
| [19:08] | Now, is anyone else here recently divorced? | |
| [19:12] | Ah. Would you mind | |
| [19:14] | if I asked what happened? | |
| [19:15] | It was… | |
| [19:18] | He was cheating. | |
| [19:19] | Sounds good. Calm, contained. | |
| [19:21] | You can’t see it, but… look at her jaw. | |
| [19:25] | She’s flexing her jaw. | |
| [19:27] | Bull, no. She’s good for us. | |
| [19:29] | She’s one of our only women left, | |
| [19:30] | and women are far less likely to impose the death penalty. | |
| [19:33] | But we won’t have to worry about the death penalty | |
| [19:35] | if we find jurors who won’t convict him in the first place. | |
| [19:41] | Please, Bull. | |
| [19:42] | If I’ve told you once, I’ve told you a hundred times, | |
| [19:45] | voir dire is not about jury selection, it’s about | |
| [19:47] | jury de-selection. | |
| [19:48] | And then this woman is forcing herself | |
| [19:50] | to be dispassionate, using every bit of restraint she has. | |
| [19:53] | But it is not her natural state. | |
| [19:55] | Inside she’s a cauldron of rage, | |
| [19:58] | and I can’t give her the opportunity | |
| [20:00] | to vent that rage on Elliot. | |
| [20:02] | I’d rather take my chances on the possibility | |
| [20:03] | that the remaining jurors might be able to see his innocence | |
| [20:06] | than the virtual certainty that this woman | |
| [20:09] | will send our client… away for life, | |
| [20:11] | regardless of gender. | |
| [20:17] | Please, Bull. | |
| [20:20] | Your Honor, we would like to strike this juror. | |
| [20:30] | Ladies and gentlemen, the prosecution | |
| [20:32] | and the defense are out of peremptories. | |
| [20:34] | The next eight jurors on the roster | |
| [20:36] | will fill the remaining seats. | |
| [20:38] | Prospective jurors 11 through 19, | |
| [20:40] | welcome to the jury. | |
| [20:41] | – What the hell is he doing? – I have no idea. | |
| [20:44] | See you all tomorrow for opening statements. | |
| [21:05] | _ | |
| [21:26] | Figured you might be here. | |
| [21:28] | Oh. Well… | |
| [21:30] | had an early morning meeting with the prosecutor. | |
| [21:33] | Meant to tell you about it, | |
| [21:35] | but you left in such a huff last night. | |
| [21:37] | I have a… cell phone. | |
| [21:40] | I have e-mail. | |
| [21:42] | Me, too. Uh, I guess I was waiting | |
| [21:44] | for you to shoot me a text and apologize. | |
| [21:46] | Nothing yet. | |
| [21:49] | You know, Bull, we used to be a… | |
| [21:52] | we used to be a team. | |
| [21:56] | What are you talking about, Benny? | |
| [21:57] | Used to be that you’d ask me before you took a case. | |
| [22:00] | Used to be that you’d… ask me | |
| [22:02] | before you blew through all our jury strikes. | |
| [22:04] | Used to be that you… cared what I thought. | |
| [22:07] | Okay. What do you think? | |
| [22:10] | I think that you’re in the middle of some kind of crisis. | |
| [22:14] | I don’t think that you’re thinking clearly. | |
| [22:16] | Getting arrested, drinking too much, | |
| [22:18] | taking a death penalty case | |
| [22:20] | ’cause a guy gave you a handkerchief. | |
| [22:22] | I haven’t had a drink in 33 hours. | |
| [22:23] | Meeting with the prosecutor without me. | |
| [22:25] | He wanted to make a deal. | |
| [22:27] | You’re kidding me. | |
| [22:28] | Elliot pleads guilty. | |
| [22:30] | They take the death penalty off the table. | |
| [22:31] | He agrees to life in prison and no chance of parole. | |
| [22:34] | And what did you say? | |
| [22:35] | What do you think I said? | |
| [22:37] | Well, I hope you said that you’d discuss it with our client, | |
| [22:40] | discuss it with your team. | |
| [22:41] | I know how our client feels. | |
| [22:45] | Know how your client feels. | |
| [22:48] | Yeah, yeah, that’s right. That’s right. | |
| [22:50] | Y-You don’t care what your, what your team thinks. | |
| [22:53] | You don’t care. I forgot. | |
| [22:55] | You know everything. | |
| [22:56] | I know he’s innocent. | |
| [22:58] | No, you don’t. | |
| [22:59] | You-you-you think he’s innocent. | |
| [23:02] | That’s not the same thing and more importantly, | |
| [23:04] | you don’t know how to prove he’s innocent. | |
| [23:07] | I guess it doesn’t matter, right? | |
| [23:08] | Because you’re on some-some private, uh, crusade or quest | |
| [23:12] | to prove something to yourself or my sister | |
| [23:14] | or your father or I don’t know who. | |
| [23:17] | But it’s-it’s all well and good. | |
| [23:19] | Hey, you know what? | |
| [23:20] | It’s-it’s your company. Right? | |
| [23:22] | But what you keep not thinking about | |
| [23:24] | is that you’re dragging the rest of us into it. | |
| [23:28] | And we don’t want to watch a man put to death | |
| [23:30] | and have to live with that for the rest of our lives, | |
| [23:33] | live with the possibility that it may be our fault, | |
| [23:36] | that we may have let him down, | |
| [23:38] | that we may have not been up to the task | |
| [23:40] | and damn it, Bull, you didn’t even ask! | |
| [23:45] | Where are you going? | |
| [23:46] | Coffee! I’m getting coffee. | |
| [23:52] | I’m sorry to keep you waiting. | |
| [23:54] | I’m Dr. Thiessen. | |
| [23:55] | You can call me Amos. | |
| [23:57] | Morning got a little hectic. | |
| [23:59] | – You have kids? – No. | |
| [24:00] | I, um, no. | |
| [24:03] | So, why don’t we start with you telling me | |
| [24:06] | a little bit about why you wanted to try therapy. | |
| [24:09] | Take your time. | |
| [24:12] | Okay. | |
| [24:14] | Of course I’m coming down for your graduation. | |
| [24:16] | I wouldn’t miss it for the world. | |
| [24:19] | Anna, honey, yeah, I got to go. | |
| [24:21] | I got to… oh, okay. Okay. | |
| [24:26] | Lily Galloway. Hi. | |
| [24:28] | Chunk Palmer. | |
| [24:29] | I’ve been expecting you. | |
| [24:31] | When they called you, they explained to you | |
| [24:33] | why I wanted to see you, right? | |
| [24:36] | Um, kind of. | |
| [24:37] | And you are Elliot’s girlfriend, right? | |
| [24:41] | We live together, yeah. | |
| [24:44] | And you’re comfortable with the idea of testifying for him, yes? | |
| [24:48] | I think so. | |
| [24:51] | I mean… | |
| [24:53] | his face is all over the Internet and the papers. | |
| [24:57] | It’s kind of crazy. | |
| [25:01] | The neighbors are looking at me funny. | |
| [25:04] | It makes me nervous. | |
| [25:06] | Well, you don’t have to be nervous. | |
| [25:10] | Um, he is counting on you, | |
| [25:12] | but you are what we call Elliot’s alibi witness. | |
| [25:17] | And you’re a huge part of this case. | |
| [25:20] | We need you to help us prove that he couldn’t have done this. | |
| [25:24] | How do you mean? | |
| [25:25] | Well, the only way we have | |
| [25:27] | to refute the idea that he did this is your testimony | |
| [25:32] | that he came home a little after 8:00. | |
| [25:35] | You remember saying that to the police? | |
| [25:40] | And you’re willing to say that on the stand? | |
| [25:44] | I guess so. | |
| [25:49] | You seem a little uncertain. | |
| [25:52] | Um, no, I’m not… uncertain. | |
| [25:57] | It’s just scary. | |
| [26:00] | But you don’t have to be scared. | |
| [26:02] | I mean, he’s your guy, right? | |
| [26:04] | You said you two live together. | |
| [26:07] | Yeah, and we sleep together, too, | |
| [26:09] | but it’s not like that. | |
| [26:14] | How do you mean? | |
| [26:17] | He’s in construction. | |
| [26:19] | He makes good money. | |
| [26:20] | I’m a waitress. | |
| [26:23] | Do the math. | |
| [26:25] | I mean, let’s be honest. | |
| [26:27] | I don’t think a lot of girls are offering to sleep with him. | |
| [26:31] | A girl wants a guy who will listen to her, | |
| [26:33] | but… once in a while | |
| [26:35] | you want him to say something back. | |
| [26:43] | So, um… are we done? I have to get back to work. | |
| [26:47] | Sure. | |
| [26:50] | You want taxi money or subway money? | |
| [26:52] | I’m fine. Um… | |
| [26:55] | When is it you need me to do this thing? | |
| [26:59] | Y-You know what, we may not even call you. | |
| [27:02] | The trial could go a hundred different ways, | |
| [27:04] | but I promise to keep in touch. | |
| [27:19] | How long have you lived | |
| [27:20] | down the block from the Johnsons? | |
| [27:21] | Oh, gosh. Since their little girl | |
| [27:24] | started elementary school with mine. | |
| [27:26] | I guess it’s been six years now. | |
| [27:28] | Can you tell us what you saw that night? | |
| [27:31] | I was taking our dog out for a walk, same as every night. | |
| [27:35] | Around 7:00. It was dark. | |
| [27:38] | And I heard this strange ring. | |
| [27:40] | I wasn’t sure what it was. | |
| [27:42] | Then I realized it was a smoke alarm | |
| [27:44] | and I looked across the street at the Johnsons | |
| [27:46] | and there was this man coming out the front door. | |
| [27:48] | And did you get a good look at him? | |
| [27:50] | If you saw him again, do you think you could identify him? | |
| [27:52] | Of course. | |
| [27:53] | He’s right there. The defendant. | |
| [27:56] | He was running out of the front of the house. | |
| [27:59] | Confidence metrics for this woman are really high. | |
| [28:01] | The jury loves her. | |
| [28:02] | – I don’t love her. – Next thing I knew, | |
| [28:03] | he was getting in the car and driving off. | |
| [28:06] | This man? | |
| [28:09] | Yes, this man. | |
| [28:12] | Thank you. | |
| [28:14] | No further questions. | |
| [28:16] | Benny. | |
| [28:22] | Mrs. O’Neil, thank you so much | |
| [28:24] | for being with us here today. | |
| [28:25] | Now, today is not the first time | |
| [28:28] | that you have identified my client | |
| [28:30] | as the man you saw making his way out of the burning house. | |
| [28:34] | Isn’t that correct? | |
| [28:35] | No. No, of course not. | |
| [28:37] | After the fire occurred, the police asked me | |
| [28:39] | to come down to the precinct, had me look at some photos. | |
| [28:42] | They wanted to see if I recognized anyone. | |
| [28:44] | And did you? | |
| [28:45] | Of course. | |
| [28:46] | I saw his photo. There he was. | |
| [28:48] | So, how long after the fire occurred | |
| [28:51] | was this visit to the precinct? | |
| [28:53] | I think it was a week or so. | |
| [28:55] | A week or so? | |
| [28:56] | And Mr. Miles was arrested, what, | |
| [28:59] | three days after the crime? | |
| [29:01] | I-I really don’t know. | |
| [29:03] | Oh, but I’m sure like most of us, | |
| [29:05] | you tried to find out everything you could about it. | |
| [29:08] | I mean, you lived across the street. | |
| [29:10] | Two people had died. | |
| [29:12] | My little girl played with Emma every day after school. | |
| [29:16] | I was devastated. We all were. | |
| [29:18] | Well, then I’m sure you’re aware that after he was arrested, | |
| [29:21] | Mr. Miles’s face was all over the news, | |
| [29:23] | the TV, the Internet, the newspapers, | |
| [29:27] | and this was three days before you identified him. | |
| [29:29] | I guess that’s right. | |
| [29:31] | Your Honor, while we absolutely believe | |
| [29:33] | that the witness’s testimony was well-meaning, | |
| [29:36] | we’d like to make a motion to suppress it. | |
| [29:38] | On what grounds? | |
| [29:39] | Isn’t it obvious? | |
| [29:41] | The witness’s identification is suggestive; | |
| [29:44] | therefore, tainted and ultimately of no value. | |
| [29:47] | The witness chose my client’s photo | |
| [29:49] | because she had seen it countless times, | |
| [29:51] | had been told countless times on the TV, computer, | |
| [29:54] | in the newspapers that this was the guy. | |
| [29:57] | Through no fault of her own | |
| [29:58] | or the government’s. | |
| [29:59] | It’s not about fault. | |
| [30:00] | It’s about asking the jury to consider what actually matters. | |
| [30:03] | We’re talking about a man’s life here. | |
| [30:06] | Both sides make compelling arguments | |
| [30:08] | in regard to the witness’s testimony; | |
| [30:10] | therefore, I’m going to leave it to the jury | |
| [30:12] | to determine how to evaluate the strength of the identification. | |
| [30:16] | Your motion is denied. | |
| [30:20] | No further questions, Your Honor. | |
| [30:27] | _ | |
| [30:31] | Nice work. | |
| [30:39] | Hey. I was thinking about what you said. | |
| [30:42] | I want to have a quick conference with Elliot. | |
| [30:44] | You have a minute? | |
| [30:46] | I’ve been remiss | |
| [30:47] | and thankfully, Mr. Colón | |
| [30:49] | has called it to my attention. | |
| [30:52] | The AUSA came to me earlier this morning | |
| [30:55] | and offered to take the death penalty off the table. | |
| [31:07] | “Why would he do that”” | |
| [31:09] | Well, he’s offering to do it in exchange | |
| [31:11] | for you admitting guilt | |
| [31:12] | and saving the government the trouble | |
| [31:15] | of putting on this trial. | |
| [31:26] | “But I didn’t do it.” | |
| [31:27] | We know. | |
| [31:29] | But we needed to tell you about the offer. | |
| [31:31] | We also need to tell you… | |
| [31:32] | and Dr. Bull, feel free to jump in | |
| [31:34] | if I say something you don’t agree with… | |
| [31:37] | we could use your help. | |
| [31:38] | The fella who sold you the car, | |
| [31:40] | is there anything else you can tell us about him? | |
| [31:41] | Your description was pretty… general. | |
| [31:55] | A limp? | |
| [31:57] | Suddenly the guy who sold him the car has a limp? | |
| [32:00] | Come on. I’m sorry, Bull. | |
| [32:02] | It all sounds like a bad novel. | |
| [32:04] | It does, doesn’t it? | |
| [32:08] | You okay? | |
| [32:12] | Actually, I’m a mess ’cause I know he’s innocent. | |
| [32:16] | I know it with every fiber of my being. | |
| [32:20] | I’m sorry I came down on you so hard this morning. | |
| [32:23] | I’m worried about you. | |
| [32:25] | We all are. | |
| [32:27] | You’ve always been this rock, | |
| [32:31] | the guy who knows the answer before anyone asks the question. | |
| [32:34] | It seems like you’re coming apart. | |
| [32:38] | Is it Izzy? | |
| [32:40] | Izzy getting married? | |
| [32:42] | No, I’m fine. | |
| [32:45] | Trust me, I am fine. | |
| [33:06] | Who is it? | |
| [33:09] | Ghost of Christmas Past. | |
| [33:16] | Oh, my goodness. | |
| [33:19] | I’m tempted to say “look what the cat dragged in”” | |
| [33:21] | but given your current weight, I don’t think | |
| [33:23] | there’s a cat in this town that can do the job. | |
| [33:26] | It’s nice to see you, too. | |
| [33:30] | Oh, God, I’m awful. | |
| [33:33] | Do you want to come in? | |
| [33:42] | You… you want a drink? | |
| [33:43] | Yes. God, yes. | |
| [33:47] | But don’t give me one. | |
| [33:51] | It’s nice. | |
| [33:53] | You want to buy it? I’m getting married. | |
| [33:55] | I heard. | |
| [33:58] | I wanted to tell you. | |
| [34:00] | Um, I called… | |
| [34:01] | but you were never there, so I… | |
| [34:05] | I figured it was a sign. | |
| [34:08] | No. | |
| [34:10] | It’s all good. | |
| [34:13] | I’m happy for you. | |
| [34:15] | You don’t look happy. | |
| [34:18] | Happy for you; sad for me. | |
| [34:22] | You’re a great lady, lady. | |
| [34:25] | Is that what you came over here to tell me? | |
| [34:27] | I don’t know what I came over here to tell you. | |
| [34:31] | Benny and I are representing this guy… | |
| [34:35] | who’s staring at the death penalty. | |
| [34:38] | Yeah, the fire guy… my brother told me. | |
| [34:42] | Has a way of making you think about things. | |
| [34:45] | Think about life. | |
| [34:47] | About your own life. | |
| [34:52] | I’m sorry. | |
| [34:57] | I’m sorry it didn’t… | |
| [34:59] | work for us. | |
| [35:04] | I would have really liked… | |
| [35:07] | for it to have worked. | |
| [35:13] | But I’m glad you found someone. | |
| [35:17] | I wish the same for you. | |
| [35:22] | Can I tell you something? | |
| [35:25] | Something I don’t think you know about yourself? | |
| [35:31] | I don’t think you’re good alone, Jason. | |
| [35:35] | I don’t. | |
| [35:38] | You may be onto something there. | |
| [35:44] | Anyway… | |
| [35:47] | Have a wonderful wedding | |
| [35:49] | and an amazing marriage and… | |
| [35:52] | great life. | |
| [35:56] | You, too. | |
| [36:13] | Mr. Wilson, did your construction crew | |
| [36:15] | work on a jobsite at 68-8 Peak Street, | |
| [36:18] | – an apartment house? – Yes, sir. | |
| [36:20] | And was Elliot Miles a part of that crew? | |
| [36:22] | He was. Elliot’s been on every crew I’ve had | |
| [36:26] | for nearly three years. | |
| [36:28] | He’s a good worker and a very good roofer. | |
| [36:31] | And from the roof | |
| [36:32] | of that building, could one possibly see | |
| [36:34] | the Johnson residence? | |
| [36:36] | I object, Your Honor. | |
| [36:37] | Calls for speculation. | |
| [36:39] | There’s nothing speculative about it, Your Honor. | |
| [36:41] | If you’d allow me to continue, | |
| [36:43] | that will become absolutely clear. | |
| [36:44] | Objection overruled. | |
| [36:46] | Your Honor, I’d like to show the jury | |
| [36:48] | prosecution 27. | |
| [36:50] | These are photos taken from the roof of 68-8 Peak Street. | |
| [36:53] | Clearly visible and circled is the victims’ house. | |
| [36:59] | Mr. Wilson, doesn’t it stand to reason | |
| [37:01] | that your employee might well have been watching Mrs. Johnson? | |
| [37:05] | Learned her comings and goings, | |
| [37:07] | seeing when she might be vulnerable? | |
| [37:09] | Objection! Your Honor, again, speculation. | |
| [37:12] | The witness can’t testify | |
| [37:13] | to what my client did or didn’t see. | |
| [37:16] | Sustained. The jury will disregard. | |
| [37:19] | No further questions, Your Honor. | |
| [37:21] | Gentlemen. | |
| [37:23] | Something to chew on with your lunch. | |
| [37:26] | New witness list. | |
| [37:33] | Lily Galloway? | |
| [37:35] | Isn’t that Elliot’s girlfriend? | |
| [37:37] | Isn’t… she testifying for us? | |
| [37:40] | I sure thought so. | |
| [37:42] | The meeting did not go well… she was kind of all over the place. | |
| [37:45] | But… I get the definite impression | |
| [37:47] | that any romantic feelings reside strictly with Elliot. | |
| [37:51] | She seems to be in it mostly for economic reasons. | |
| [37:54] | So, how would you describe your relationship | |
| [37:56] | with the accused? | |
| [37:58] | I guess you could say I’m his girlfriend. | |
| [38:01] | And where were you on the night of the murders? | |
| [38:04] | I was at our apartment in Astoria. | |
| [38:07] | I got there after my shift ended at 4:00. | |
| [38:10] | I wait tables in Kew Gardens. | |
| [38:13] | We usually… make dinner together. | |
| [38:16] | And what time did Elliot get home that night? | |
| [38:18] | He was late. | |
| [38:21] | He said he was running some errands for his boss. | |
| [38:23] | Now, you originally told the police it was about 8:15, | |
| [38:26] | is that correct? | |
| [38:29] | Yes. Uh, that’s right. | |
| [38:31] | But now I think… | |
| [38:33] | I might have been mistaken. | |
| [38:35] | I think it might have been 9:15. | |
| [38:37] | What? | |
| [38:40] | Now, when you say you “think…” | |
| [38:41] | No. I meant… | |
| [38:44] | I know… it was 9:15. | |
| [38:47] | It was definitely 9:15. | |
| [38:50] | No further questions, Your Honor. | |
| [38:56] | Miss Galloway… | |
| [38:58] | I appreciate your testimony, | |
| [38:59] | but I am confused. | |
| [39:02] | I read the police transcripts of your interview with them. | |
| [39:07] | You’re very clear, very certain. | |
| [39:09] | You said Elliot walked through the door at 8:15. | |
| [39:13] | I know that’s what I said. | |
| [39:15] | Now, the interview was less than three days | |
| [39:18] | after the fire. | |
| [39:19] | Your recollection was still fresh in your head. | |
| [39:22] | You said you were certain what time it was. | |
| [39:26] | Now here we are, weeks and weeks later, | |
| [39:28] | and-and you’re insisting that you were off | |
| [39:31] | by a whole hour? | |
| [39:32] | Uh… how do you explain that? | |
| [39:38] | Miss Galloway? | |
| [39:41] | The witness will answer the question, please. | |
| [39:53] | I actually have no idea what time Elliot got home. | |
| [40:00] | Well, that sure woke the jury up. | |
| [40:02] | I’m sorry, did… did you just say you have no idea? | |
| [40:06] | I worked that day from 8:00 until 4:00. | |
| [40:10] | By the time Elliot got home, | |
| [40:12] | I was thoroughly trashed. | |
| [40:16] | Okay. | |
| [40:17] | Now… | |
| [40:19] | when you say you were “trashed…” | |
| [40:21] | I had smoked some bath salts. | |
| [40:25] | We just got our first green. | |
| [40:27] | You just testified | |
| [40:29] | that the defendant got home at 9:15. | |
| [40:31] | People were really angry with me. | |
| [40:35] | They knew I lived with Elliot. | |
| [40:37] | At work, they wouldn’t speak to me. | |
| [40:39] | In the neighborhood, they wrote bad words | |
| [40:42] | on my car with white paint. | |
| [40:44] | He said he’d get me protection. | |
| [40:46] | Who said they’d get you protection? | |
| [40:50] | Let the record show that the witness is pointing | |
| [40:53] | to the prosecuting attorney, the AUSA. | |
| [40:55] | Now… are you saying that the federal prosecutor | |
| [40:59] | offered you protection | |
| [41:01] | in return for saying that my client got home | |
| [41:03] | at 9:15 instead of 8:15? | |
| [41:05] | Objection! The defense is trying create an inference | |
| [41:08] | that something untoward… | |
| [41:09] | Something untoward? | |
| [41:11] | The witness just testified that you bribed her. | |
| [41:13] | – Your Honor, I object. – You offered the witness | |
| [41:15] | – a promise, inducement… – There was no formal promise. | |
| [41:17] | – …or reward. – Mr. Rosenberg! | |
| [41:18] | And if that’s the case, the prosecutor knows | |
| [41:21] | as well as I do that it’s his duty | |
| [41:23] | to disclose that to the defense! | |
| [41:24] | – I move for a mistrial, Your Honor! – Order. | |
| [41:27] | The defense moves… | |
| [41:27] | I really don’t think she’s marriage material, | |
| [41:29] | but that girl may have just saved your life. | |
| [41:31] | I will have order. | |
| [41:36] | There will be no mistrial. | |
| [41:40] | I think it’s fairly obvious | |
| [41:42] | that the witness has, for all intents and purposes, | |
| [41:44] | recanted any statements having to do | |
| [41:46] | with the precise times or whereabouts of the accused. | |
| [41:49] | And I have every confidence that the jury can determine what, | |
| [41:52] | if any value her testimony has provided. | |
| [41:55] | The witness is dismissed, | |
| [41:56] | and court is adjourned until tomorrow. | |
| [42:05] | I may have been a touch premature about your girlfriend, | |
| [42:07] | but… we live to fight another day. | |
| [42:23] | What was it you guys just signed to each other? | |
| [42:28] | “You are not alone”” | |
| [42:30] | Wow. I’m impressed. | |
| [42:32] | What possessed you to learn that? | |
| [42:34] | To say that to him? | |
| [42:36] | Oh, you’ve got it backwards. | |
| [42:38] | He keeps saying it to me. | |
| [42:41] | Hey. | |
| [42:43] | I tried my best, boss. | |
| [42:46] | No, you were a pit bull out there. | |
| [42:48] | Any other judge, and we’d be toasting each other right now. | |
| [42:54] | God, what a good idea. | |
| [42:58] | Sorry to let everybody down… | |
| [43:01] | but I think I need a drink. | |
| [43:13] | _ |