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[00:23] | Okay, ladies, this is the only cover-up | |
[00:25] | you will ever need. It is absolutely magical. | |
[00:28] | And how much does this magic cost? | |
[00:30] | Well, if you ask me, it’s priceless, but for you, $29.99. | |
[00:33] | Renewable every other month. | |
[00:35] | Ooh, can you hold this? | |
[00:40] | Ma’am. | |
[00:42] | Marshals, is there… is there something I can do for you? | |
[00:46] | Your daughter home? | |
[00:48] | No. She’s at school. Why? | |
[00:52] | We’re gonna need to swing by and pick her up. | |
[00:55] | Can I get my purse? | |
[00:57] | Just your purse. We’ll come back and close everything up. | |
[01:00] | Sherri, is everything all right? I don’t know. | |
[01:03] | – But are you coming back? – I don’t know. | |
[01:05] | Well, can I still buy this? | |
[01:13] | Is he here yet? | |
[01:14] | Not yet. I just… | |
[01:16] | I need to make you aware of something. | |
[01:19] | Unless it has to do with Walter Franklin, | |
[01:21] | I don’t want to hear about it. | |
[01:23] | Well, it sort of does. | |
[01:24] | Uh, Taylor needed to bring her son with her to work today. | |
[01:29] | The heat was out | |
[01:30] | at her day care and… | |
[01:31] | Walter Franklin is coming. | |
[01:33] | I know Walter Franklin is coming. It’ll be fine. | |
[01:36] | Man’s of a certain age, | |
[01:37] | I’m sure he’s met lots of children in his lifetime. | |
[01:39] | – Little help? – Sorry. | |
[01:43] | Wha…? | |
[01:45] | – Did I miss him? – Uh, he’s not here yet. | |
[01:47] | Does, um, anybody have a Sharpie? | |
[01:49] | No. We are not having him sign books. | |
[01:52] | But-but they’re his. He-he wrote them. | |
[01:54] | He is not here to entertain us. He’s a client. | |
[01:57] | And one of the great legal minds of the late 20th century. | |
[02:00] | And Bull’s hero. Mine, too. | |
[02:03] | Any idea what he wants? | |
[02:04] | None. Just that he wants to meet. | |
[02:07] | He has a case he wants me to consider. | |
[02:09] | I’m jealous. | |
[02:10] | Mm. I won’t lie, it’s a bit like having Babe Ruth | |
[02:13] | – ask you to pitch to him. – Mm. | |
[02:15] | They just called from the lobby. He’s on his way up. | |
[02:29] | Dr. Jason Bull, I presume? | |
[02:32] | Oh, my mistake. | |
[02:34] | The folks at my firm said you were younger than I | |
[02:36] | and better looking. I went with my gut. | |
[02:39] | Mr. Franklin, it’s an honor. | |
[02:41] | You remember the Arrowsure Corporation? | |
[02:44] | The gigantic Ponzi scheme that they had | |
[02:48] | that the feds took down a few years ago in Chicago? | |
[02:50] | How could we not? | |
[02:52] | 100,000 people lost their savings. | |
[02:54] | The Madoff of the Midwest. | |
[02:56] | You remember Anthony Gibson? | |
[02:58] | The mid-level accountant that testified against | |
[03:00] | the upper-level executives in the trial? | |
[03:02] | Of course. Didn’t you represent him? | |
[03:04] | I did. And now I represent his wife. | |
[03:08] | As part of Anthony’s plea deal, | |
[03:10] | and in return for testifying against his bosses, | |
[03:14] | he and his family were put into the Witness Protection Program. | |
[03:17] | Moved from Chicago, Illinois to Poughkeepsie, New York. | |
[03:21] | Got a job in the Highway Department. | |
[03:23] | Two weeks ago, he was shot and killed at 1:00 in the afternoon | |
[03:27] | by a car driving through his toll booth | |
[03:28] | on Highway 11. | |
[03:31] | Mrs. Gibson intends to sue the U.S. government | |
[03:33] | for wrongful death. | |
[03:36] | The U.S. government. Yeah, I’ve heard of them. | |
[03:38] | You sure you don’t want to pick on someone your own size? | |
[03:40] | Well, that’s where you come in. | |
[03:43] | Mrs. Gibson is a tough customer. | |
[03:46] | She’s got enough anger for a dozen lawsuits, and rightly so. | |
[03:49] | She wants somebody to pay for what happened to her husband. | |
[03:52] | But you’re worried jurors might not sympathize | |
[03:54] | with Ruth Madoff. | |
[03:55] | Bingo. Guilt by association. | |
[03:58] | And of course, the irony is, | |
[03:59] | he was one of the good guys, a working stiff, | |
[04:02] | one of 300 accountants, just a guy making a living. | |
[04:07] | But when the government came in | |
[04:09] | and asked if anyone would step up and testify against | |
[04:12] | these ghouls who were robbing the public blind, | |
[04:14] | he was the one fellow | |
[04:16] | who cleared his throat and said yes. | |
[04:19] | Felt it was his obligation. Felt it was his civic duty. | |
[04:23] | I get it, but I’m not sure everyone will. | |
[04:27] | It’s not gonna be an easy sell. | |
[04:28] | People hear you work for Arrowsure Corp… | |
[04:31] | I know. | |
[04:32] | I assume this is a contingency case? | |
[04:34] | You really need the cash up front? | |
[04:36] | Look at this place. | |
[04:37] | Looks like somebody went to Best Buy for dinner and threw up. | |
[04:42] | Come on, get a look at this face. | |
[04:44] | Don’t you want to go into business with this? | |
[04:47] | Come on. Come with me, | |
[04:50] | we’ll visit the lady and her daughter. | |
[04:52] | Do some good with your life. Earn yourself some good karma. | |
[04:57] | My husband agreed to testify | |
[05:00] | because they promised him | |
[05:02] | that him and his family would be safe. | |
[05:04] | The government made their case | |
[05:07] | on my husband’s back | |
[05:09] | and then they just basically left him for dead. | |
[05:11] | How the hell am I supposed to know | |
[05:13] | that my daughter and I are safe when that could happen?! | |
[05:18] | You know what? | |
[05:20] | I just need compensation from the government | |
[05:22] | to get me out of this country. That’s it. | |
[05:24] | Just get me out of this country, move someplace | |
[05:27] | where everybody and his uncle doesn’t have a gun, | |
[05:29] | so that me and my daughter can start over. That’s it. | |
[05:31] | And that’s what I’m here to try and help you do, | |
[05:33] | but take my word for it, you go in there and demand anything | |
[05:36] | from a jury, | |
[05:37] | insult the country they call home, | |
[05:39] | and they are gonna be only too happy to exact revenge | |
[05:43] | on behalf of the friends and relatives | |
[05:45] | who lost everything to the company your husband worked for. | |
[05:48] | But, you put away that anger, | |
[05:50] | and you go in and present yourself | |
[05:53] | as the victim you actually are… | |
[05:55] | The concerned mother, the grieving widow… | |
[05:59] | And you might just get what you want. | |
[06:04] | Walter, who is this guy? | |
[06:05] | I… I don’t like him. | |
[06:10] | Give us a minute, will you. | |
[06:23] | Who’s in there? | |
[06:24] | Daughter. Tiffany. 15. | |
[06:34] | Tiffany, my name’s Dr. Jason Bull. | |
[06:36] | I’m part of your mother’s legal team, | |
[06:39] | at least for the time being. | |
[06:41] | You think you and I could talk for a second? | |
[06:44] | You’re not getting in that way. | |
[06:56] | You have to climb through. | |
[07:12] | What can I do for you, sir? | |
[07:15] | You’re not here to take us someplace else… | |
[07:20] | are you? | |
[07:22] | Maybe this wasn’t such a good idea. | |
[07:24] | Sorry I dragged you out here. | |
[07:27] | Sorry I wasted your time. | |
[07:30] | You talked to the daughter? | |
[07:32] | Said hello. | |
[07:35] | If you ask me, we’re repping the wrong plaintiff. | |
[07:38] | That 15-year-old girl, | |
[07:41] | she’s your case. | |
[07:43] | Father turns state’s evidence | |
[07:45] | and suddenly she’s yanked out of the middle of the eighth grade | |
[07:47] | and her life in Chicago and dropped into a small town | |
[07:49] | in New York where she knows no one? | |
[07:52] | 14 months later, in a single conversation, | |
[07:54] | she’s told her father’s been killed | |
[07:56] | and she has to move again to a motel. | |
[07:58] | Cut off all contact with everyone she knows | |
[08:01] | for the second time in her life? | |
[08:02] | The government that promised her a safe, new home | |
[08:05] | in return for her father’s bravery | |
[08:07] | has delivered only death, disruption and heartbreak. | |
[08:13] | And what about Sherri? What about the mother? | |
[08:16] | My opinion? | |
[08:17] | I wouldn’t let her within 100 miles of the courthouse. | |
[08:21] | *BULL (2016)* Season 03 Episode 15 | |
[08:23] | *BULL (2016)* Episode Title: “Security Fraud” | |
[08:28] | I need a lawyer. | |
[08:30] | Oh, all right. | |
[08:32] | Well, I charge by the quarter hour, starting… now. | |
[08:36] | I’m doing some legal legwork for Bull | |
[08:38] | and this case he’s working on with Walter Franklin. | |
[08:40] | Yeah, I’m still jealous. Yeah, and it turns out, | |
[08:43] | the government claims there’s no negligence. | |
[08:45] | They say it has no relationship | |
[08:47] | to the case for which Anthony testified | |
[08:49] | and they’re not responsible if some random person | |
[08:51] | shoots a witness in WITSEC, which is… | |
[08:53] | Appears some fancy new acronym for Witness Protection. | |
[08:56] | Think about it, | |
[08:57] | if someone shoots up a movie theater | |
[08:59] | and a witness in WITSEC is in there, | |
[09:02] | that’s not their fault. | |
[09:04] | So-so we need to prove that the killing was in retribution | |
[09:08] | for Anthony’s testimony | |
[09:09] | and not just some random shooting. | |
[09:11] | My bill is in the mail. | |
[09:12] | My man. | |
[09:14] | Guys, so I studied the case files last night, | |
[09:17] | and whoever was trying to kill Anthony Gibson | |
[09:19] | wasn’t exactly a great shot. | |
[09:22] | What do you mean? He killed the man, didn’t he? | |
[09:24] | But the ballistics report says the bullet actually missed. | |
[09:27] | It hit the side of the tollbooth, then ricocheted. | |
[09:30] | That’s when it pierced the victim’s chest. | |
[09:31] | I think the net-net is still the same. | |
[09:33] | Anthony Gibson is no longer spending time with his family. | |
[09:37] | Yeah, well, I’m on my way to speak with the marshal | |
[09:39] | who was in charge of Anthony’s protection. | |
[09:41] | See what he has to say. | |
[09:42] | You should probably call the big guy at the courthouse. | |
[09:45] | Tell him the government doesn’t think we have a case. | |
[09:49] | You don’t want me in the courtroom? | |
[09:51] | I want you to succeed. I want you to prevail. | |
[09:54] | I’m telling you how to do it. | |
[09:56] | I told you I don’t like this guy. | |
[09:58] | Well, I do. He speaks the truth. | |
[10:01] | You’re a great wife, you’re a great mother, | |
[10:04] | but I’m afraid that you’re a lousy spokesperson | |
[10:06] | for your own cause. | |
[10:09] | We’re both prepared to walk away over this. | |
[10:20] | Honey, do you think you’re capable of this? | |
[10:27] | What-what do I have to do? | |
[10:29] | Aside from sitting at the table, we’ll need you to testify. | |
[10:35] | Come in. | |
[10:36] | Do you mind? | |
[10:39] | Chunk? What’s so important? I got to go into court. | |
[10:44] | I’m not hearing anything like that on this end. | |
[10:47] | We just received a motion to dismiss from the government. | |
[10:50] | They’re claiming sovereign immunity. | |
[10:53] | Forget what I said. Got to go. | |
[10:55] | What’s sovereign immunity? | |
[10:56] | It’s a legal principle that states | |
[10:58] | you can’t sue the government without its consent. | |
[11:00] | That doesn’t seem very fair. | |
[11:02] | Yeah. Right. I mean, I-it seems like people | |
[11:04] | are suing the government all the time. | |
[11:05] | Well, there are loopholes. | |
[11:08] | We just have to find one that applies to our case. | |
[11:11] | That is, if we’re going ahead with our case. | |
[11:20] | And furthermore, Your Honor, suing the government | |
[11:23] | will cause the taxpayers an unnecessary financial burden. | |
[11:26] | Your Honor, may I remind the court | |
[11:27] | of an exception to sovereign immunity under the Bivens Act, | |
[11:31] | which states that a private citizen may sue the government | |
[11:33] | when their constitutional rights have been violated | |
[11:35] | by the government’s own conduct? | |
[11:37] | In this case, they violated | |
[11:38] | Anthony Gibson’s constitutional right to live. | |
[11:41] | And they did this by not assigning more security to him | |
[11:44] | or his family when he explicitly requested it. | |
[11:46] | No, no, no, no, no. | |
[11:47] | The Bivens exception requires intent, | |
[11:50] | which means the government would have had to knowingly | |
[11:52] | put Anthony Gibson in the line of fire. | |
[11:54] | The plaintiff | |
[11:56] | is arguing negligence, which implies | |
[11:58] | benign neglect as opposed to a willful dereliction of duty. | |
[12:01] | Therefore, Bivens does apply in this case. | |
[12:05] | Mr. Franklin, | |
[12:06] | I do have to agree with Ms. Murphy on this one. | |
[12:09] | Brace for impact. | |
[12:10] | I’m sensing this all might be over | |
[12:12] | before it ever really begins. | |
[12:14] | Your Honor, I take your point, | |
[12:15] | and I-I understand Ms. Murphy’s as well. | |
[12:18] | Uh, but… | |
[12:19] | I need to call your attention to the fact that in addition | |
[12:22] | to violating Anthony Gibson’s constitutional rights, | |
[12:24] | we are arguing breach of contract. | |
[12:26] | And therefore, I need to draw the court’s attention | |
[12:29] | to the Graves Act of 1812, | |
[12:31] | which states very clearly that when the government | |
[12:33] | enters into a contract with a private citizen… | |
[12:36] | The contract in this case would be | |
[12:37] | the Witness Protection agreement… and the government | |
[12:39] | does not fulfill their end of the agreement, | |
[12:41] | then that private citizen has the right to sue. | |
[12:43] | By not protecting | |
[12:45] | Anthony Gibson, the government is in breach of its contract. | |
[12:48] | Yes. | |
[12:49] | The Graves Act of 1812. | |
[12:52] | I concur with your reasoning, Mr. Franklin. | |
[12:55] | And in light of this, | |
[12:56] | the motion to dismiss is denied. | |
[12:58] | We will reconvene this afternoon to select our jury. | |
[13:02] | I know you’re too young to understand, | |
[13:04] | but you just witnessed an amazing piece of lawyering. | |
[13:07] | Okay. | |
[13:08] | If you say so. | |
[13:10] | I got to ask, where’d you pull the Graves Act of 1812 from? | |
[13:13] | I’ve never heard of that. | |
[13:14] | One of the perks of being the oldest guy in the room, | |
[13:16] | – you’ve lived through more stuff. – Uh-huh. | |
[13:19] | Hey, come on. Anybody hungry? Want to get some lunch? | |
[13:21] | I-I know a pizza place on Spring Street, | |
[13:24] | knock your socks off. Best pie in the city. | |
[13:26] | What do you think, Tiffany? | |
[13:27] | I’m from Chicago. | |
[13:29] | I think my socks are staying right where they are. | |
[13:32] | So I understand that you were the marshal | |
[13:34] | supervising Anthony Gibson’s relocation | |
[13:36] | and acclimation here in Poughkeepsie. | |
[13:37] | Yeah. So what is it that you need to know? | |
[13:40] | Well, I’m gathering Anthony spent a lot of time | |
[13:42] | in your office the last few months of his life. | |
[13:45] | I’d love to know what you guys talked about, | |
[13:47] | the nature of his fears and concerns. | |
[13:49] | What he might have said about whoever was following him. | |
[13:51] | Look, the truth is, | |
[13:53] | Anthony and I only met a few times since he got here. | |
[13:57] | Really? | |
[13:59] | I was under the impression that he sat down with you | |
[14:01] | a couple of times a month, pleading for more protection. | |
[14:04] | Again, I think I sat with him three times total. | |
[14:09] | And yes, he certainly did ask for more security. | |
[14:11] | But in the absence of a specific threat, | |
[14:14] | the WITSEC protocol really discourages it. | |
[14:16] | – Why is that? – Because almost all the people | |
[14:18] | placed in WITSEC get paranoid their first year in the program. | |
[14:22] | I mean, they just do. | |
[14:23] | And I know that sounds pretty weak given what happened to him. | |
[14:26] | But I honestly don’t think | |
[14:28] | it had anything to do with testifying | |
[14:29] | against the Arrowsure Corporation. | |
[14:32] | You know, there are a lot of nuts out there. | |
[14:35] | And every so often, one of them wakes up | |
[14:36] | and says to him or herself, | |
[14:38] | “I just feel like shooting someone today.” | |
[14:40] | Okay, then. | |
[14:42] | All the more reason. | |
[14:43] | Why would you put the guy in a tollbooth? | |
[14:45] | In a big glass box? | |
[14:47] | Because it is our job | |
[14:48] | to integrate witnesses into a new community. | |
[14:51] | To create new identities for them, not hide them. | |
[14:55] | We get them jobs at the mall, the movie theater, | |
[14:57] | the family restaurant. | |
[15:00] | The idea is they’re hiding in plain sight. | |
[15:06] | You talked to the FBI? | |
[15:08] | No. Should I? | |
[15:09] | I don’t know. | |
[15:10] | The last time I told him I couldn’t put more manpower | |
[15:13] | on his account, he told me he was gonna talk to the FBI. | |
[15:16] | Just a thought. | |
[15:19] | He was a hero. You know? | |
[15:21] | Your dad? | |
[15:23] | He didn’t have to do what he did. | |
[15:25] | He got nothing for it. | |
[15:26] | In fact, he lost a lot. | |
[15:29] | He just felt it was the right thing to do. | |
[15:35] | Should I change the subject? | |
[15:39] | No, I just… | |
[15:45] | I’ll be right back. | |
[15:54] | You want to talk shop? | |
[15:56] | Good pie, huh? | |
[15:57] | This is gonna be a tricky voir dire. | |
[16:00] | You’re the jury whisperer. | |
[16:04] | So, while you are asking the questions, | |
[16:08] | my team will be back in the office. | |
[16:09] | They’ll be giving me information in my ear as to whether | |
[16:12] | or not we want that juror. | |
[16:14] | Now, before you accept or dismiss anybody, | |
[16:17] | I want you to look at me | |
[16:19] | and I will give you the signal | |
[16:20] | whether we keep or cut the juror, | |
[16:22] | and I will nod yes or shake my head no. | |
[16:25] | – Mm-hmm? – “Yes, no.” Got it. | |
[16:30] | So, let me ask you something. | |
[16:33] | Do you trust the government? | |
[16:35] | Is that really the question you gave him? | |
[16:36] | Seems a bit on the nose. | |
[16:38] | No. He’s freestyling. | |
[16:39] | But he’s Walter freakin’ Franklin. | |
[16:41] | I got to believe he knows what he’s doing. | |
[16:43] | I don’t know. | |
[16:45] | Does anyone trust the government? | |
[16:47] | Well, it may have been on the nose, | |
[16:48] | but it got us the answer we needed. | |
[16:50] | How’s it looking on your end? | |
[16:51] | All systems go on my end. | |
[16:54] | The plaintiff would like to dismiss this juror, Your Honor. | |
[16:57] | I-I thought we wanted that juror. | |
[16:59] | We did. | |
[17:05] | I’m confused. Why did we let that juror go? | |
[17:08] | She clearly doesn’t trust the government. | |
[17:10] | She was exactly what we’re looking for. | |
[17:12] | Oh, I didn’t like her. | |
[17:15] | Relax. There’s plenty more where she came from. | |
[17:17] | Gentlemen, it’s gonna be a long day. | |
[17:22] | Good afternoon, sir. | |
[17:23] | Good afternoon. | |
[17:24] | So you’ve been going to this one restaurant for a long time… | |
[17:28] | Years… and one day, you go in there, | |
[17:30] | you have a delicious meal, and, uh, | |
[17:32] | shortly thereafter, you get food poisoning. | |
[17:35] | Are you gonna go back to this restaurant? | |
[17:37] | No. I don’t think so. | |
[17:38] | This juror owns a security service | |
[17:40] | and donates to police unions. | |
[17:42] | He’s the opposite of the juror we want. | |
[17:44] | Your Honor, | |
[17:46] | this juror is acceptable to the plaintiff. | |
[17:48] | What is he doing? | |
[17:51] | Walter, may I speak with you privately for a moment? | |
[17:54] | Of course. | |
[17:55] | Yeah. Tiffany… | |
[17:59] | So what the hell happened in there? | |
[18:00] | Why didn’t you look at me like we talked about? | |
[18:03] | What do you mean? What did we talk about? | |
[18:05] | The signals. You ignored them. | |
[18:07] | You picked precisely the wrong jury. | |
[18:10] | Precisely the wrong jury? | |
[18:12] | Seriously, Jason? Come on. | |
[18:14] | Aren’t we being a little bit dramatic? | |
[18:16] | I’ve been doing this almost half a century. | |
[18:18] | I think I know how to pick a jury. | |
[18:21] | You hungry? Come on. | |
[18:23] | I know this pizza place over on Spring Street, | |
[18:25] | knock your socks off. | |
[18:28] | Walter, we just had pizza a few hours ago. | |
[18:30] | Okay, then, you pick a place. | |
[18:35] | You know, I got to talk to someone | |
[18:37] | back at the office about something. | |
[18:38] | Why don’t you take Tiffany and grab dinner without me? | |
[18:43] | Tiffany. | |
[18:45] | Sounds like a plan. | |
[18:54] | Before you make that call… | |
[18:56] | Look at me. | |
[18:58] | I’m looking. | |
[18:59] | Do I look like a fool? | |
[19:01] | What are we talking about? | |
[19:02] | You know what we’re talking about. | |
[19:04] | There is no Graves Act of 1812. | |
[19:05] | You and Franklin made it up. | |
[19:07] | – We did? – You did. | |
[19:09] | I’m informing the judge tomorrow morning, and I expect | |
[19:12] | that the case will be thrown out shortly thereafter. | |
[19:14] | Have a nice evening, Dr. Bull. | |
[19:18] | Good day today, I thought. | |
[19:21] | Oh… | |
[19:28] | It was as if someone had lowered a window shade | |
[19:30] | in front of his eyes and he couldn’t see clearly anymore. | |
[19:36] | He didn’t remember me explaining how voir dire would work, | |
[19:40] | didn’t remember | |
[19:41] | taking me to that pizza place. | |
[19:44] | All of which is sad. | |
[19:46] | A great mind like that, but… | |
[19:49] | inventing the Graves Act of 1812? | |
[19:52] | I mean, what are you gonna do? | |
[19:55] | I don’t know. | |
[19:56] | Which do I worry about first? | |
[19:58] | The man? The case? | |
[20:03] | I don’t even know who to reach out to. | |
[20:05] | His family? | |
[20:06] | Does he even have a family? | |
[20:08] | I’ll get Danny working on that. | |
[20:10] | But in the meantime, how do you want to proceed with the case? | |
[20:13] | As soon as that judge realizes she’s been conned, | |
[20:15] | she’s gonna be all over you tomorrow. | |
[20:19] | I need a favor. | |
[20:21] | I need you to assume the role of standby counsel | |
[20:23] | and prepare for this trial as if it were your own. | |
[20:26] | You need to be ready | |
[20:28] | to take over and cover for Walter at a moment’s notice. | |
[20:33] | I may have found something that can help us. | |
[20:35] | A time machine? | |
[20:37] | Kind of. | |
[20:38] | I’m taking it back to the 19th century, though. | |
[20:40] | Uh, the Tucker Act of 1887. | |
[20:43] | It has similar principles to those | |
[20:44] | that were asserted in court today. | |
[20:46] | It’s not an exact match, | |
[20:47] | but it’s close. | |
[20:49] | You just get Mr. Franklin to tell the judge that, you know, | |
[20:52] | he had the right century but the wrong act. | |
[20:55] | I assure you, Your Honor, I did not intend to mislead the court, | |
[20:58] | I simply misspoke. | |
[21:00] | And if you will look at the Tucker Act of 1887, | |
[21:03] | you will see that virtually the same principles apply. | |
[21:07] | For you, Walter, I’m gonna let this slide. | |
[21:11] | But just know I’ll have my eye on you for the rest of the trial. | |
[21:15] | We live to fight another day. | |
[21:17] | With one hand tied behind our back. | |
[21:21] | See, I told you we had nothing to worry about. | |
[21:23] | What, me worry? | |
[21:25] | Yeah, say what you will. | |
[21:26] | You don’t have as good a poker face as you think you do. | |
[21:32] | You ever miss it? | |
[21:33] | Being part of something bigger than yourself? | |
[21:36] | The meager salary, | |
[21:37] | getting abused daily on Twitter. | |
[21:39] | Twitter stuff didn’t happen when I was here. | |
[21:41] | Oh. | |
[21:42] | Well, you left before it got fun. | |
[21:46] | Story of my life. | |
[21:47] | So, listen, Agent Stokes, | |
[21:49] | I, uh, I hear you met with Anthony Gibson | |
[21:51] | about a month before he died. | |
[21:53] | Can you tell me what that was about? | |
[21:58] | What? | |
[21:59] | Well, it’s just, you know, | |
[22:01] | I would like to tell you about it, | |
[22:02] | but, uh, the Bureau’s got its rules. | |
[22:06] | – You know? – Hmm. | |
[22:08] | Well, listen, agent to agent, | |
[22:10] | I know I’m putting you in a tough position. | |
[22:12] | I just… I need something to go on. | |
[22:18] | I need to use the john. | |
[22:23] | Feel free to show yourself out. | |
[22:36] | My father absolutely followed protocol. | |
[22:39] | He called the marshals every time he felt threatened. | |
[22:43] | You know, I-I watched. | |
[22:46] | I heard him. | |
[22:48] | And how often would this happen? | |
[22:50] | In the last couple months of his life? | |
[22:53] | Uh… all the time. | |
[22:57] | And how would you describe your relationship with your father? | |
[23:00] | Objection. Relevance. | |
[23:02] | Your Honor, part of the reason we’re here | |
[23:04] | is to assess the impact and to put a value | |
[23:07] | on the life of a man who’s no longer with us | |
[23:09] | because of what we believe | |
[23:10] | to be gross dereliction of responsibility by | |
[23:13] | the United States government. | |
[23:15] | What could be more relevant, more valuable to this jury | |
[23:19] | than to hear the man’s daughter | |
[23:21] | talk about what her father meant to her? | |
[23:24] | This guy’s really good. | |
[23:26] | Maybe I overreacted. | |
[23:28] | Objection overruled. | |
[23:30] | You may answer the question. | |
[23:37] | How do I explain this to you? | |
[23:43] | My father… | |
[23:45] | was like the sun. | |
[23:47] | Yeah. | |
[23:48] | You know, every day, you got up, | |
[23:51] | and every day, he was there. | |
[23:55] | Like, some days were-were cloudy | |
[23:57] | because he had something on, on his mind, like a… | |
[24:00] | a work thing, or a family thing, | |
[24:04] | but every day… | |
[24:07] | he was there. | |
[24:08] | You know, just peeking through so you could feel him. | |
[24:12] | You know, letting you know that… | |
[24:15] | you-you could depend on him. | |
[24:17] | You know, and if you… | |
[24:18] | if you needed something, it didn’t, it didn’t matter | |
[24:21] | what else was going on. He… | |
[24:24] | He would, he would find a way to get to you. | |
[24:28] | To-to-to me. | |
[24:31] | You know, and now… | |
[24:35] | it’s like, I-I wake up, and… | |
[24:42] | there is no sun. | |
[24:48] | No further questions, Your Honor. | |
[24:53] | What is that rustling sound? | |
[24:55] | Is that the sound of you trying to reach over your own shoulder | |
[24:59] | to pat yourself on the back for deciding | |
[25:00] | to make this case about the daughter? | |
[25:03] | Busted. | |
[25:05] | Ms. Gibson, | |
[25:07] | you keep insisting that your father followed protocol. | |
[25:11] | Well, he did. So, | |
[25:12] | you’re saying he called the Marshals office | |
[25:16] | whenever he was supposed to? | |
[25:17] | Whenever he was worried? | |
[25:19] | Whenever… | |
[25:20] | he was contemplating doing something | |
[25:23] | that might jeopardize his new identity, | |
[25:26] | his family’s new identity? | |
[25:28] | Yes, of course. | |
[25:29] | So, did he call the marshals | |
[25:32] | when he went back to your hometown of Chicago | |
[25:34] | – 11 weeks ago? – Objection, Your Honor. | |
[25:36] | On what grounds? | |
[25:37] | Overruled. | |
[25:39] | Continue, Counselor. I want to hear this. | |
[25:49] | I-I was the one who went to Chicago. | |
[25:54] | I missed my boyfriend. | |
[25:56] | I-I-I missed everything. | |
[25:59] | I took a train. | |
[26:00] | And when my dad found out, he got in his car | |
[26:02] | to try and beat me there and bring me back, because | |
[26:04] | he knew that I made a mistake. Like… | |
[26:06] | he knew that I might be in danger. | |
[26:11] | He wasn’t… He… | |
[26:13] | He was trying to protect me. | |
[26:16] | He wasn’t trying to hide anything from the marshals. | |
[26:20] | I mean… | |
[26:23] | He was, but it wasn’t about him. | |
[26:25] | It was about-about me. | |
[26:27] | He-he didn’t want me to get in trouble with the government. | |
[26:29] | So, | |
[26:30] | your father did drive to Chicago? | |
[26:35] | Yes. | |
[26:39] | So if we’re talking breach of contract here, | |
[26:43] | is there any bigger breach of contract | |
[26:45] | than someone in WITSEC going back to their former life? | |
[26:48] | Objection, Your Honor. Counsel is testifying. | |
[26:51] | Sustained. Jury will disregard. | |
[26:54] | Oh, Bull. | |
[26:57] | Things are starting to go the other way. | |
[26:59] | Let’s be honest. | |
[27:03] | The marshals didn’t put your father’s life in danger, | |
[27:06] | did they? | |
[27:09] | You did. Objection! Your Honor. | |
[27:11] | Sustained. | |
[27:13] | Jury will disregard. | |
[27:15] | No, they won’t. | |
[27:17] | Withdrawn. | |
[27:19] | No further questions, Your Honor. | |
[27:30] | How could she have not told us about that trip to Chicago? | |
[27:34] | I know she’s a kid, but still. | |
[27:35] | She never even told her mother. She’s ashamed. | |
[27:39] | It’s written all over her face. | |
[27:41] | She made a horrible mistake. | |
[27:42] | Now she’s convinced herself that’s the reason, | |
[27:45] | she’s the reason her father’s dead. | |
[27:48] | I know it didn’t go exactly the way we wanted today, but still, | |
[27:54] | you were mighty impressive in court. | |
[27:56] | Hear, hear. | |
[27:57] | Yeah. That and a bus token will get us on a bus. | |
[28:01] | Important thing is that we prevail. | |
[28:04] | Hey, I’m hungry. You guys want to get some pizza? Huh? | |
[28:07] | I know this pizza place over on Spring Street, | |
[28:09] | knock your socks off. | |
[28:10] | Best pie in the city. | |
[28:15] | We have to find a way to prove that Anthony’s killing | |
[28:17] | had nothing to do with that trip to Chicago. | |
[28:19] | We have to find a way to lay this back at the marshals’ feet. | |
[28:22] | Danny, that’s your cue. | |
[28:24] | So, remember I told you | |
[28:26] | how when I interviewed the FBI agent | |
[28:28] | that Anthony was talking to, | |
[28:29] | he practically handed me his file | |
[28:31] | on a guy named “Ted Morris”? | |
[28:33] | Turns out Ted Morris was | |
[28:34] | the pension fund administrator for the Contractors Union. | |
[28:37] | And as it happened, he invested | |
[28:38] | the entire pension fund in the Arrowsure Corporation. | |
[28:42] | For which he apparently received some very sizable kickbacks. | |
[28:47] | Okay. | |
[28:49] | How did Anthony figure into all this? | |
[28:51] | Well, as an accountant at Arrowsure Corporation, | |
[28:54] | the Contractors Union pension account fell under his purview. | |
[28:57] | Wait. You mean Anthony Gibson was in charge of these accounts? | |
[29:02] | Mm-hmm, and it turns out that the FBI was in the process | |
[29:04] | of building a case against Ted Morris, | |
[29:07] | and I’m guessing they wanted Anthony to testify. | |
[29:09] | Jackpot. So if you’re Ted Morris, | |
[29:12] | and you know the government has access to the only guy | |
[29:14] | who can prove you weren’t acting | |
[29:17] | in your union’s best interest when you invested their funds, | |
[29:20] | you’d be only too happy to see that man meet an untimely end. | |
[29:24] | Now we’re getting somewhere. | |
[29:26] | What do you think, Walter? | |
[29:35] | Should we wake him? | |
[29:37] | No. No, you guys can head out as soon as you’re done. | |
[29:40] | I’ll… I’ll get him home. | |
[29:46] | How long was I asleep? | |
[29:49] | I don’t know. | |
[29:50] | Hour and a half, two hours. | |
[29:56] | I’m starting to make you nervous, aren’t I? | |
[30:00] | I know you’re upset with me about jury selection, and… | |
[30:05] | I know you’re starting to wonder if I can pull my weight | |
[30:08] | when it comes time to call witnesses, | |
[30:11] | elicit testimony, | |
[30:13] | cross-examine, all that sort of thing. | |
[30:17] | But I assure you, | |
[30:19] | there is nobody better on their feet than me. | |
[30:21] | Nobody. | |
[30:27] | Walter… | |
[30:31] | you are my hero. | |
[30:33] | But the simple truth is, | |
[30:34] | we already started calling witnesses, | |
[30:37] | eliciting testimony. | |
[30:40] | All of it. | |
[30:42] | And you did it. | |
[30:44] | You were masterful. | |
[30:47] | But the fact that you don’t remember doing it… | |
[30:49] | Oh, I remember it. I remember! | |
[30:51] | I do… now. | |
[30:55] | Walter. | |
[31:00] | I need Benny to take the lead tomorrow in court. | |
[31:04] | I’m sorry, but that little girl’s future, | |
[31:06] | that family’s future… | |
[31:08] | It depends on us getting this right. | |
[31:17] | You okay? | |
[31:18] | I’m fine. | |
[31:22] | You got a cigarette? | |
[31:23] | No, I don’t smoke. | |
[31:26] | Do you? | |
[31:28] | I don’t know. It depends on what year this is. | |
[31:33] | Damn! I hate getting old! | |
[31:44] | This is you. | |
[31:47] | I know. | |
[31:52] | I’m sorry. | |
[31:54] | You have nothing to be sorry for. | |
[32:01] | See you in the morning. | |
[32:05] | I’ll see you in the morning. | |
[32:10] | Don’t go yet. I want to make sure he gets inside. | |
[32:19] | Okay. | |
[32:27] | Dr. Bull? Hey. | |
[32:30] | Glad I caught you. | |
[32:32] | What’s so urgent? | |
[32:33] | The ballistics results just came back | |
[32:35] | on the bullet that killed Anthony Gibson. | |
[32:36] | And? | |
[32:37] | And it matches bullets used in a gang shooting | |
[32:40] | in Chicago just over a year ago. | |
[32:42] | I don’t understand. | |
[32:43] | Well, that gun was never recovered. | |
[32:45] | And it appears to have been used in this killing. | |
[32:48] | And the defense is gonna use that | |
[32:49] | to tie Anthony’s trip to Chicago to his death. | |
[32:52] | Anthony drove to Chicago, somebody saw him in Chicago, | |
[32:55] | the gun came from Chicago. | |
[32:58] | If Anthony had played by the rules, | |
[32:59] | he’d still be alive today. | |
[33:02] | Everybody’s off the hook. | |
[33:05] | The defense calls Gerald Montgomery to the stand. | |
[33:09] | Please, state your relationship to the Gibson family. | |
[33:12] | We, uh, lived down the block from them. | |
[33:14] | My, uh, son Brian and the Gibsons’ daughter Tiffany | |
[33:16] | dated for about five months. | |
[33:18] | And when was the last time | |
[33:19] | your son and Tiffany saw each other? | |
[33:21] | Apparently, 11 weeks ago. | |
[33:23] | What do you mean, “apparently”? | |
[33:25] | Well, I was told that, uh, | |
[33:26] | Tiffany snuck into our home, | |
[33:27] | though truthfully, I-I never saw her. | |
[33:29] | Objection. Hearsay. | |
[33:31] | Sustained. Jury will disregard. | |
[33:34] | So when was it | |
[33:36] | that you heard about Tiffany’s visit? | |
[33:38] | When I opened my front door and I saw her father, | |
[33:41] | Anthony Gibson, standing there. | |
[33:43] | Mr. Gibson was | |
[33:44] | at your front door in suburban Chicago? | |
[33:47] | He certainly was. | |
[33:48] | And were you surprised to see him? | |
[33:50] | Stunned. And I told him so, loudly. | |
[33:53] | What do you mean? What-what exactly did you say? | |
[33:57] | I told him I thought he was a reprehensible human being. | |
[33:59] | I told him that I had personally lost | |
[34:00] | almost all my money on Arrowsure | |
[34:02] | and their Ponzi nonsense, | |
[34:05] | and now I was gonna have to start all over from nothing, | |
[34:08] | after working my entire life to get to where I was. | |
[34:11] | And how did he react? | |
[34:14] | Well, he didn’t, he-he just kept asking me | |
[34:16] | if I knew where his daughter was. | |
[34:17] | And did you? | |
[34:19] | At that point, no, but even if I had, | |
[34:21] | I don’t think I would have told him. | |
[34:24] | I was so angry. | |
[34:26] | I mean, to me, he got off light. | |
[34:27] | I… He got to live his life, | |
[34:29] | he got to go into the Witness Protection Program, and… | |
[34:32] | and meanwhile, like, a… a quarter of his neighborhood | |
[34:35] | was flat on its ass. | |
[34:37] | You know, no savings, no retirement. | |
[34:41] | No nothing. | |
[34:42] | The neighborhood where you were publicly having | |
[34:44] | this loud conversation with Anthony Gibson? | |
[34:46] | Yes. On my stoop. | |
[34:48] | And I’m sure the whole damn block heard. | |
[34:50] | And couldn’t any of these neighbors have followed. | |
[34:53] | Mr. Gibson back to Poughkeepsie that night? | |
[34:55] | Objection. Your Honor, please. | |
[34:57] | This is pure speculation. | |
[34:59] | Sustained. | |
[35:00] | Jury will ignore the question. | |
[35:02] | We will reconvene this afternoon. | |
[35:06] | The only problem is, | |
[35:07] | our jurors just don’t have anywhere to put | |
[35:08] | their empathy for Tiffany. | |
[35:10] | Her father broke the rules. | |
[35:12] | And they believe that’s the reason he’s dead, | |
[35:14] | not because of some failure on the marshals’ part. | |
[35:17] | It really is as simple as that, isn’t it? | |
[35:19] | I’m afraid so. | |
[35:21] | So here’s a weird one. I just got back from FBI headquarters. | |
[35:24] | I wanted to look into the gang shooting | |
[35:26] | where ballistics matched the bullet that killed Anthony, | |
[35:28] | and guess who was the lead agent on that case? | |
[35:31] | Remember the FBI agent I visited? | |
[35:34] | Timothy Stokes. | |
[35:36] | The same Timothy Stokes who was meeting with Anthony? | |
[35:39] | The one and only. And according to the case file, | |
[35:41] | the gun wasrecovered in the shooting, | |
[35:43] | which makes me think that Stokes held onto it for a rainy day. | |
[35:47] | So you think Stokes was an inside man | |
[35:49] | working for Ted Morris? | |
[35:51] | I think he’s shady all right, but if anything, | |
[35:54] | Stokes has a reputation for being too aggressive | |
[35:56] | in making his cases, not throwing them away. | |
[35:58] | He’s got about a dozen complaints filed against him | |
[36:01] | for bullying potential witnesses, | |
[36:03] | trying to force them to testify, trying to get them to testify | |
[36:06] | to things that they’re not even completely comfortable with. | |
[36:08] | And we know Stokes was meeting with Anthony | |
[36:10] | about the Contractors Union case, | |
[36:11] | trying to get him to testify | |
[36:14] | to what he knew about their accounts and kickbacks. | |
[36:16] | And a case that could single-handedly | |
[36:18] | make this man’s career. | |
[36:21] | Which is why this whole thing doesn’t make any sense. | |
[36:23] | I mean, why would Stokes want to have his key witness shot? | |
[36:26] | A dead witness can’t testify. | |
[36:29] | Crazy thought: you say that the ballistics report indicated | |
[36:33] | that the bullet ricocheted in the tollbooth | |
[36:36] | before it hit Anthony? | |
[36:37] | Yeah. | |
[36:39] | What if he wasn’t trying to kill him at all? | |
[36:41] | What if he was just trying to scare him? | |
[36:44] | Your Honor, | |
[36:45] | the plaintiff would like to call a rebuttal witness, | |
[36:48] | we would like to call. | |
[36:49] | Agent Timothy Stokes. | |
[36:51] | Your Honor, this is the first | |
[36:52] | the defense is hearing of this witness. | |
[36:54] | My apologies, Your Honor, we just | |
[36:56] | recently learned that Mr. Stokes had relevant information. | |
[37:00] | Relevant information, huh? | |
[37:02] | Well, I guess we’ll all find out together. | |
[37:09] | You know this is your witness, don’t you? | |
[37:13] | I’m not sure that’s such a good idea. | |
[37:14] | Well, your theory, your witness. | |
[37:18] | I’m not sacrificing my guy over some nonsense | |
[37:21] | you pulled out of your backside at the last minute. | |
[37:23] | How do I know this isn’t another Graves Act of 1812? | |
[37:27] | Your theory, your witness. | |
[37:34] | Agent Stokes, | |
[37:35] | thank you for rushing in here at the last minute. | |
[37:38] | Not a problem. | |
[37:39] | Now, you had a series of meetings | |
[37:41] | with my client’s father, Anthony Gibson, | |
[37:44] | in the month before he died, didn’t you? | |
[37:46] | I did. | |
[37:47] | You, in fact, | |
[37:49] | wanted him to testify against the Contractors Union | |
[37:52] | in a case you were investigating. | |
[37:54] | – Is that correct? – That is correct. | |
[37:55] | You wanted him to be your key witness, in fact, didn’t you? | |
[37:59] | Well, I wanted him to be awitness. | |
[38:01] | But yes, I wanted his testimony. Yes. | |
[38:03] | But he didn’t want to testify, did he? | |
[38:06] | He was weighing his options. | |
[38:08] | What do you think? | |
[38:10] | I think he’s Walter freakin’ Franklin. | |
[38:12] | And if anybody deserves his day in court, it’s him. | |
[38:15] | And you were helping him to weigh his options, weren’t you? | |
[38:19] | That’s my job. | |
[38:20] | And how do you do that? | |
[38:22] | Have a conversation. | |
[38:24] | Try to convince the other party that they have a civic duty | |
[38:28] | to share what they know. | |
[38:29] | Having a conversation. | |
[38:31] | Sounds so civilized. | |
[38:33] | Well, it is. | |
[38:34] | If you say so, Agent Stokes, | |
[38:37] | because I’m looking at a copy of your personnel file, | |
[38:41] | and according to this, you’ve been disciplined | |
[38:44] | for bullying witnesses four times in the last ten years. | |
[38:50] | You spend a long enough time in law enforcement, | |
[38:53] | you’re gonna upset people. | |
[38:54] | If there had been any truth to those charges, | |
[38:56] | I would’ve been dismissed from the Bureau a long time ago. | |
[38:59] | Okay, I hear that. But what possible reason | |
[39:01] | would people have for filing false complaints against you? | |
[39:05] | You were the one who was following Anthony Gibson | |
[39:07] | in the months leading up to his death, | |
[39:09] | weren’t you, Agent Stokes? | |
[39:10] | You were trying to intimidate him. | |
[39:12] | Objection. | |
[39:13] | Badgering. | |
[39:14] | Sustained. The jury will disregard. | |
[39:16] | Mr. Franklin’s last statement. | |
[39:19] | Tread lightly, Counselor. | |
[39:21] | Have no fear, Your Honor, | |
[39:22] | my feet will never touch the ground. | |
[39:24] | Now, how often did you say | |
[39:26] | you sought out Mr. Gibson? | |
[39:28] | I don’t know if I ever put a number to it. | |
[39:30] | Maybe two or three times. | |
[39:31] | Two or three? | |
[39:33] | I would like to enter into evidence | |
[39:35] | these cell phone records | |
[39:36] | derived from multiple Poughkeepsie cell phone towers. | |
[39:39] | And here you will find proof of exactly how often Agent Stokes, | |
[39:43] | an agent who is based in New York City, | |
[39:45] | some 70 miles away, wasin Poughkeepsie, | |
[39:47] | stalking his prey, his cell phone pinging away. | |
[39:52] | So entered. | |
[39:53] | 17 days, by the way, 17 days, | |
[39:57] | and, most interestingly, | |
[39:58] | you’ll find that Agent Stokes’s phone pinged | |
[40:01] | against the tower on five dates | |
[40:03] | when Anthony Gibson called in complaints | |
[40:06] | to the Marshals office about being followed… | |
[40:08] | October 5, October 6, October 10, October 15, | |
[40:12] | – October 17… – That doesn’t | |
[40:13] | prove anything. | |
[40:14] | I have business all over this region. | |
[40:17] | Just because I might have passed through. | |
[40:18] | – Poughkeepsie… – Oh, well, did you | |
[40:19] | pass through Poughkeepsie on the day Anthony Gibson died? | |
[40:22] | Because your phone pinged in Poughkeepsie that day, too. | |
[40:25] | Right off the tower | |
[40:26] | by the tollbooths. | |
[40:30] | Could it be | |
[40:31] | because you had something to do with Anthony Gibson’s death? | |
[40:35] | No. Of course not. | |
[40:37] | Why would I want to kill my own witness? | |
[40:40] | A guy who I wanted to testify for me. | |
[40:42] | Of course. Makes no sense. | |
[40:43] | Here it comes. | |
[40:45] | You’re a trained FBI agent. | |
[40:46] | It’s a three-foot-by-three-foot box. | |
[40:48] | You could have hit him directly between the eyes | |
[40:50] | – if you wanted to. – Exactly. | |
[40:53] | Too bad the bullet ricocheted | |
[40:55] | and you accidentally killed him. | |
[40:59] | Nice. | |
[41:00] | Smooth. | |
[41:04] | Poor guy. Doesn’t even know what hit him. | |
[41:07] | I get the feeling this Walter fellow has done this before. | |
[41:20] | Walter, at the risk of sounding like a sycophant, | |
[41:24] | it was an honor to watch you work. | |
[41:27] | Tell me more. | |
[41:28] | Well, | |
[41:29] | this will be forever in my memory banks, Mr. Franklin. | |
[41:34] | Well, in all seriousness, | |
[41:35] | I’ve had my good moments and my bad moments. | |
[41:37] | I think we all know… | |
[41:40] | I think it’s… | |
[41:41] | time for me to hang it up. | |
[41:45] | But I want to thank you both | |
[41:47] | for keeping me from embarrassing myself on the way out. | |
[41:50] | Thanks for letting us be a part of it. | |
[41:53] | It’s pretty great. | |
[41:55] | And now let’s go be professionals | |
[41:57] | and congratulate our clients. | |
[42:04] | Mrs. Gibson. | |
[42:07] | Ms. Gibson. | |
[42:09] | It’s been a pleasure to represent you. | |
[42:17] | Hey, anybody hungry? | |
[42:19] | I know a pizza place over on Spring Street, | |
[42:21] | knock your socks off. | |
[42:22] | Captioned by Media Access Group at WGBH access.wgbh.org | |
[42:24] | Sync corrections by srjanapala |