律师本色(The Practice)第5季第1集台词本阅读、下载和单词统计

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[00:30]	We have one last pre-trial,
[00:32]	where I’ll try to suppress your statement.
[00:35]	Scott, if I’m unsuccessful —
[00:36]	No, no, no.
[00:38]	Now, I’m not taking manslaughter, bobby.
[00:41]	Please don’t ask me that again!
[00:46]	I’m sorry, man. It’s just getting to me.
[00:51]	Okay. You understand the risks?
[00:55]	I do.
[00:56]	So, what? We go in the morning…
[01:00]	we argue the motion, trial starts after lunch.
[01:02]	Eugene will be with me.
[01:04]	Okay.
[01:07]	Hey, man, I keep having this —
[01:09]	the dream where everybody wakes up
[01:11]	and comes to their senses.
[01:15]	Karen’s even in it.
[01:18]	And she’s not dead.
[01:20]	We have a solid shot
[01:22]	if we can shut down this videotape.
[01:29]	Oh, here you go.
[01:31]	See this?
[01:33]	Fiji.
[01:35]	That’s where I’m going
[01:37]	when I walk out of that courthouse.
[01:39]	I’m going right to a travel agent.
[01:41]	In 10 days, I’ll be sitting on that beach.
[01:49]	Look at me, Scott.
[01:53]	Look at me.
[01:58]	If that videotape is admitted,
[02:01]	I believe you will be convicted…
[02:04]	probably of second-degree murder.
[02:08]	Now, that carries a life sentence.
[02:14]	You will not be going to Fiji.
[02:20]	Do you get that?
[02:28]	♪ (theme)
[03:26]	They’re inside.
[03:28]	Okay.
[03:30]	This thing was built to bring children joy…
[03:34]	and it’s toxic.
[03:36]	Come on.
[03:41]	The fact that they called for the meeting —
[03:43]	that they’re coming to us —
[03:44]	it’s a very good sign.
[03:45]	How much?
[03:47]	We have no idea.
[03:49]	Nothing is good enough for what they did to our kids.
[03:52]	Of course not,
[03:53]	but you have to remember if we go to trial,
[03:55]	we will want your son to take the stand
[03:57]	and talk about his seizures,
[03:58]	we’ll need your daughter
[03:59]	to talk about her motor problems,
[04:01]	and your youngest son
[04:02]	may have to discuss his learning disabilities
[04:05]	and the humiliation that he suffered.
[04:07]	We’ve talked to them, Ellenor. They’re ready.
[04:09]	The number Ellenor and I think is reasonable
[04:13]	is $160,000 per child.
[04:15]	It seems low.
[04:17]	Of course, nothing can make up
[04:19]	for your children’s injuries,
[04:21]	but the present-day value of that
[04:23]	is probably around $240,000 if you figure in an appeal
[04:26]	and, given our problems proving liability,
[04:30]	that would be an excellent settlement.
[04:33]	We’re not sure we can get that,
[04:35]	but that’s our number.
[04:47]	What, you think I killed her?
[04:50]	What are you — crazy?
[04:51]	HELEN: I don’t think you intended to kill her,
[04:54]	I really don’t.
[04:55]	So what are you saying?
[04:56]	LARSON: Mr. Wallace,
[04:58]	things will go much better for you if you cooperate.
[05:02]	We think you had an argument.
[05:04]	You hit her, maybe by accident.
[05:07]	She was unconscious.
[05:09]	You were afraid of how it might look.
[05:11]	You put her in the car
[05:13]	to make it look like a suicide.
[05:16]	That’s what happened, isn’t it?
[05:32]	My client was in shock
[05:34]	at the time of this interrogation.
[05:36]	He had just found his wife dead
[05:38]	less than an hour before this.
[05:39]	First of all, he was read his rights.
[05:40]	It isn’t about that.
[05:42]	He was suffering severe traumatic distress.
[05:44]	He wasn’t fully processing
[05:45]	all the stuff being thrown at him here,
[05:47]	and that tape makes it look like
[05:49]	he was acquiescing to something when he wasn’t.
[05:52]	He was just under shock.
[05:53]	You can certainly argue that, counsel.
[05:54]	Your honor,
[05:56]	if the jury sees that tape, the prejudice alone —
[05:58]	he certainly had the presence of mind
[05:59]	to give us a nice coherent
[06:01]	exculpatory version of the events.
[06:03]	He gave you the truth.
[06:04]	All right.
[06:05]	I’ll allow the videotape
[06:08]	for impeachment purposes only.
[06:10]	Your honor, that will effectively
[06:12]	prevent my client from testifying.
[06:13]	It does no such thing.
[06:15]	It only means if he testifies, he does so with some risk of —
[06:18]	I object to this!
[06:19]	Your objection is noted. The ruling is final.
[06:22]	(gavel pounds)
[06:27]	Offer’s still good.
[06:28]	No, thanks.
[06:36]	If you take the stand, the tape comes in,
[06:38]	and I don’t know how we win this
[06:40]	without you getting in that chair.
[06:42]	I can explain that tape.
[06:44]	I-it was like you said. I was in shock.
[06:46]	Now, I can convince the jury of that.
[06:49]	I’m going to recommend manslaughter one last time.
[06:53]	No.
[06:59]	I have one other idea.
[07:03]	A polygraph?
[07:05]	I’m willing to box him.
[07:06]	If we both stipulate to the admissibility,
[07:08]	the judge will allow us to introduce the results.
[07:11]	Bobby, do I have the word “dope” stamped on my forehead,
[07:13]	or is it just that you know me?
[07:16]	Obviously, if you’ve come to us
[07:18]	asking that we give your client a lie detector,
[07:20]	you’ve already given him one and he passed.
[07:22]	We’ve given him five,
[07:23]	with four different technicians,
[07:25]	and he’s passed every one.
[07:26]	He took it five times?
[07:28]	And passed every one.
[07:30]	Suppose he fails ours.
[07:32]	You willing to stipulate to admissibility?
[07:33]	Right now.
[07:38]	This man is innocent.
[07:46]	I’ve never done this before.
[07:48]	Done what?
[07:49]	Traded on our personal relationship.
[07:51]	Helen, we know each other.
[07:53]	I have never asked for a favor
[07:55]	on the basis of our friendship.
[07:57]	I’m doing it here,
[07:59]	and I’ve earned it one time, Helen.
[08:01]	I’ve earned it.
[08:04]	Now, you trust the accuracy of lie detectors,
[08:06]	give him one. If he passes…
[08:10]	kick it.
[08:17]	You want to run that by me again?
[08:19]	Our case is circumstantial.
[08:21]	Evidently, he has passed a polygraph over and over.
[08:25]	His lawyer is willing to box him
[08:27]	with our own polygraph.
[08:28]	Helen, the trial starts in two hours.
[08:30]	I realize that, Kate.
[08:32]	And you want to, what —
[08:34]	put out a release saying, “oops”?
[08:35]	If this man did not commit the crime,
[08:37]	I’m not going to secure a conviction
[08:39]	simply to avoid a public relations nightmare.
[08:42]	I just…
[08:43]	Look, I saw that interrogation.
[08:45]	Maybe he was disoriented like he says.
[08:48]	You’ve got motive.
[08:49]	There’s forensics, the whack on the head.
[08:52]	They were heard fighting.
[08:53]	Nobody described the woman as remotely suicidal.
[08:57]	The man did it.
[08:59]	I don’t care if he passed 50 polygraphs.
[09:01]	I’m not so sure.
[09:02]	Well, let me make it easy for you.
[09:04]	You’re prosecuting this case.
[09:12]	I think it goes without saying, but I’ll say it anyway —
[09:15]	this offer in no way admits to any liability
[09:18]	on the part of the environmental protection agency.
[09:20]	We realize that. What’s the number?
[09:23]	$20,000.
[09:28]	$20,000?
[09:29]	Apiece.
[09:30]	Times 3, that’s $60,000.
[09:32]	MAN #2: More than the case is worth.
[09:34]	And we’re only offering it
[09:35]	to avoid the publicity that this hearing might generate.
[09:38]	We have children with severe learning disabilities.
[09:41]	Motor skills —
[09:42]	look, even if that thing is toxic,
[09:44]	the government didn’t manufacture it.
[09:46]	Yes, that’s been your argument, but you lost the 12-B-6,
[09:49]	you lost the federal tort claims act —
[09:50]	I don’t think we’ll lose at summary judgment.
[09:54]	You represented on the phone on Monday
[09:56]	and then again this morning
[09:58]	that a serious offer was coming in.
[10:00]	The figure represents the maximum authorized
[10:02]	by the agency, so —
[10:03]	Then why are we talking?
[10:05]	Because we have faith that logic eventually seeps
[10:07]	into even the most hardheaded of craniums.
[10:09]	Get out!
[10:10]	You’re obligated to take the offer
[10:11]	to your clients, Miss Frutt.
[10:13]	However much your firm might end up out of pocket.
[10:16]	Ethically, you are required to present this offer to the plaintiffs.
[10:23]	Thank you, Mr. Meyers.
[10:26]	Our clients are low-income parents
[10:29]	whose children have lifelong handicaps
[10:33]	due, in part, to the agency you represent.
[10:36]	You have the indecency to come in here and tell us
[10:40]	that their injuries are worth only $20,000,
[10:43]	and then to add to that insult,
[10:45]	you are lecturing me on ethics?
[10:50]	Get the hell out of here before I throw you out.
[11:08]	You’re tilting at the wrong windmill this time.
[11:11]	You haven’t seen us tilt yet.
[11:38]	How you doing?
[11:42]	I just went into the bathroom
[11:44]	and threw up.
[11:48]	We got to tell the clients.
[11:51]	We should go there again.
[11:56]	You can’t beat yourself up, Ellenor.
[11:59]	It’s a miracle you got it this far.
[12:03]	$20,000.
[12:06]	What a miracle.
[12:10]	LINDSAY: We should go.
[12:21]	When I arrived,
[12:23]	the defendant was sitting right out on the driveway.
[12:26]	He seemed very despondent.
[12:28]	Inside the garage, we found the victim
[12:31]	facedown on the floor next to the vehicle,
[12:34]	bleeding slightly from the back of the head.
[12:36]	She was dead?
[12:38]	Yes.
[12:39]	There was a garden hose taped to the exhaust pipe
[12:41]	leading to the rear passenger-side window.
[12:43]	It appeared to be a suicide by carbon monoxide poisoning.
[12:47]	Did you run prints on the garden hose?
[12:49]	We found prints matching the victim and the defendant.
[12:53]	BOBBY: You said Mr. Wallace seemed despondent.
[12:56]	Could he have possibly been in shock?
[12:58]	-Possibly. -Did my client tell you that he pulled the hose out of the car?
[13:01]	-Yes. He did. -And that he pulled his wife from the vehicle?
[13:04]	He said that, yes.
[13:06]	I was walking my dog at 9:30
[13:08]	and I heard him screaming at his wife
[13:10]	from inside the house.
[13:12]	Are you sure you heard Scott Wallace?
[13:14]	I’m 100% sure. He’s my neighbor.
[13:15]	I know what his voice sounds like.
[13:17]	And I was about 20 feet from his front door.
[13:20]	He and Jill were both yelling at each other.
[13:23]	Do you know what about?
[13:25]	No, but I found out later she was planning to leave him.
[13:29]	Objection.
[13:30]	Sustained.
[13:31]	You’re sure this was around 9:30?
[13:33]	Positive. That’s when I walk my dog every night.
[13:37]	One last thing.
[13:38]	You said you could recognize the defendant’s voice.
[13:41]	You could recognize his screaming voice?
[13:43]	Yes.
[13:45]	You heard him scream before?
[13:46]	Many times.
[13:48]	He and his wife
[13:49]	had a lot of nasty screaming fights.
[13:51]	Once we even called the police.
[13:54]	You called the police that night?
[13:56]	No.
[13:57]	-You hear any signs of violence? -No.
[14:00]	In fact, you heard nothing that caused you any sense of alarm.
[14:02]	Well, I —
[14:04]	you didn’t feel the need to intervene.
[14:07]	No.
[14:09]	There were shed skin cells on the victim’s head, neck.
[14:13]	DNA analysis revealed an exact genetic match.
[14:16]	With who?
[14:17]	The defendant.
[14:18]	We also analyzed a skin fragment
[14:20]	found under the defendant’s fingernail.
[14:22]	Were you able to identify it?
[14:23]	It was a genetic match to the victim.
[14:25]	If my client were trying to resuscitate the victim,
[14:28]	it’s possible that shed skin cells
[14:30]	could get on the victim’s head and neck, right, doctor?
[14:34]	That’s possible, yes.
[14:35]	And while trying to save her, it’s possible that
[14:38]	a piece of her skin could get under his fingernail, right?
[14:40]	That might be less likely.
[14:42]	I’m asking you, is it possible?
[14:44]	Of course.
[14:45]	And all this DNA evidence we’re talking about —
[14:48]	it could have come as a direct result
[14:49]	of my client’s efforts to save his wife,
[14:51]	isn’t that right, doctor?
[14:52]	That’s not what I think happened.
[14:54]	But it’s possible.
[14:55]	Yes…it is.
[14:59]	Thank you.
[15:07]	I can’t believe it.
[15:09]	We were just as shocked as you are.
[15:11]	I thought it was going to be a substantial offer.
[15:14]	Didn’t they tell you that?
[15:16]	They intimated that we would be very happy, yes.
[15:19]	Our suspicion is they did that to lull us a little,
[15:23]	thinking if we were expecting settlement,
[15:25]	we really wouldn’t prepare that hard for their motion.
[15:27]	Were they right?
[15:29]	Absolutely not. We’re very ready.
[15:31]	After what they did to our children…
[15:35]	The hearing’s tomorrow.
[15:37]	If we win, we think their numbers will come up.
[15:40]	I have to be honest and say
[15:43]	that I am very disappointed with the two of you.
[15:48]	We had a few people tell us that we should have never hired you,
[15:51]	that you didn’t have the resources to —
[15:54]	but we liked you.
[15:58]	Well, right now I feel deceived.
[16:01]	I feel like you promised things
[16:04]	to get the case,
[16:06]	things which you obviously can’t deliver.
[16:15]	Can I respond to that?
[16:17]	When we took this case,
[16:19]	we thought we would be suing
[16:21]	the manufacturer of that play gym.
[16:23]	That was a much stronger case.
[16:25]	Then, when we discovered both that company
[16:27]	and the chemical company no longer existed,
[16:29]	your case was basically over
[16:31]	until Ellenor came up with the idea to sue the E. P. A.
[16:34]	She beat them in the motion to dismiss,
[16:35]	she got through the administration level,
[16:37]	earning the right to keep going.
[16:39]	I’m sure there are other firms out there
[16:40]	that could have gotten it this far,
[16:42]	but the reality is they wouldn’t have tried.
[16:44]	Most lawyers would have dropped this case
[16:46]	as soon as they found the manufacturer
[16:48]	to be nonexistent.
[16:49]	But Ellenor — and me with her —
[16:51]	kept going out of commitment to you.
[16:55]	Maybe we failed…
[16:57]	but I take exception to the suggestion
[16:59]	that it was a mistake to hire us.
[17:03]	We’re just…disappointed.
[17:08]	That’s all.
[17:10]	We all are.
[17:13]	Let’s just do our best at summary judgment,
[17:16]	and hopefully we’ll survive to get this to a jury.
[17:30]	The cause of death was monoxide poisoning.
[17:32]	What about the bleeding from the back of her head?
[17:35]	That contusion was the result
[17:37]	of being struck with a blunt object.
[17:39]	You said blunt instrument.
[17:40]	Could that instrument be a cement floor?
[17:43]	If she fell on the garage floor,
[17:45]	hitting the back of her head,
[17:47]	could that have caused the trauma we’re talking about?
[17:49]	A fracture like that couldn’t have happened
[17:52]	by someone simply falling down.
[17:54]	If my client discovered his wife in the car,
[17:57]	he grabbed her, pulled her out,
[17:59]	and as he was pulling her out,
[18:01]	her head crashed onto the floor —
[18:03]	-Objection. -Overruled.
[18:06]	Doctor, if my client discovered his wife
[18:08]	in the car unconscious, pulled her out,
[18:10]	causing her head to hit the floor,
[18:12]	could that have caused the fracture
[18:14]	we’re talking about?
[18:16]	It’s a possibility, but I —
[18:18]	Thank you, doctor. That’s all.
[18:22]	Ms. Gamble.
[18:26]	The Commonwealth calls Kyle Barrett.
[18:28]	This seems like a good time
[18:30]	to call it a day.
[18:31]	We’ll begin with Mr. Barrett in the morning.
[18:34]	(gallery murmuring)
[18:37]	Get Mr. Barrett to my office now.
[18:43]	He’s going to walk?
[18:45]	-I’m not saying that, but — -But what?
[18:47]	He killed my sister. Don’t tell me now that he’s —
[18:50]	Mr. Barrett, as we have explained from the start,
[18:52]	our case is hugely circumstantial.
[18:54]	We had hoped to be able to introduce
[18:56]	the videotape interrogation.
[18:58]	And you can’t?
[18:59]	Not unless we get him on the stand.
[19:01]	This will only happen
[19:03]	if his lawyers think he’s losing,
[19:05]	which I’m sure they don’t think right now.
[19:07]	The case has gone pretty well for them.
[19:09]	The only witness that we have left
[19:12]	that can put them in the necessary hole is you.
[19:15]	Which means when we ask you,
[19:18]	“Did your sister seem suicidal?”
[19:19]	a response of “I didn’t think so”
[19:21]	isn’t going to do it.
[19:23]	Also, to the extent that you talk about anything
[19:25]	your sister told you, that’s hearsay.
[19:27]	But under the law,
[19:29]	one of the ways around the hearsay rule
[19:31]	is an exception called the state of mind.
[19:33]	Richard —
[19:34]	Basically, if you can say
[19:36]	she wanted to start a new life —
[19:39]	Richard.
[19:40]	Mr. Barrett, we certainly don’t mean
[19:43]	to put words in your mouth,
[19:45]	nor would it be permissible for us to do so.
[19:47]	But you need to realize
[19:49]	unless you do damage,
[19:51]	Scott Wallace probably won’t testify,
[19:55]	in which case he could in fact go free.
[20:00]	You knew your sister, sir.
[20:02]	If she was planning to start a new life,
[20:05]	if she was in a positive place,
[20:08]	there is no way
[20:09]	she would ever take her own life,
[20:11]	not in any circumstance,
[20:13]	certainly not in this situation,
[20:15]	where she was looking forward to starting over.
[20:17]	She was murdered.
[20:19]	If you know it —
[20:20]	she did not commit suicide —
[20:22]	you absolutely know it.
[20:27]	I got it.
[20:31]	We’ll see you in there.
[20:42]	First you tell him
[20:43]	how to beat the hearsay rule,
[20:45]	then you practically supply his testimony.
[20:48]	Helen, I’m just preparing our witness.
[20:50]	I explain the law,
[20:52]	tell him what’s relevant and what to emphasize.
[20:53]	I do it, you do it.
[20:55]	And besides, you said it yourself.
[20:58]	This witness is all we have
[21:00]	to get Scott Wallace in that chair.
[21:02]	Be glad I coached him.
[21:13]	I have to testify.
[21:15]	I’ve explained this, Scott.
[21:17]	If you get up there, they can put in the video.
[21:19]	But if I don’t tell my side —
[21:21]	We’ve backdoored your story.
[21:22]	The jury knows your version of the events.
[21:24]	Listen to me.
[21:26]	Now, I know I have the right not to testify,
[21:28]	but I also know that juries draw inferences sometimes
[21:32]	about defendants who don’t.
[21:33]	Now, I’m a credible witness.
[21:35]	I can explain that videotape,
[21:37]	and the jury can see me as a person.
[21:40]	It’s a bad idea.
[21:43]	Trust me.
[21:53]	Um, Ms. Frutt.
[21:55]	Can you excuse me for one second?
[22:02]	All right. $32,500.
[22:05]	-Rejected. -Aren’t you going to make that —
[22:07]	We don’t need to present that to our clients.
[22:09]	And if your intent with that insulting lowball
[22:11]	is to inflame me before we go in to argue,
[22:13]	it’s not going to work.
[22:15]	You seem a model of restraint.
[22:16]	You know something, Mr. Meyers?
[22:18]	I have a thing about smug.
[22:20]	I don’t like smug.
[22:22]	I know how you people work. You hustle in clients —
[22:25]	-All right, all right, John. -No, no, Mitchell.
[22:28]	The courts are clogged by bottom-feeders like you
[22:29]	who sue without bothering to even consult the law.
[22:31]	We consulted the law, trust me.
[22:33]	And don’t think for a second that after we’re through here
[22:36]	we won’t go after you for abuse of process.
[22:39]	MITCHELL: Let’s not let our tempers prevail here.
[22:41]	Come on.
[22:48]	Things just got worse.
[22:50]	Judge Gilmore got appendicitis.
[22:52]	The case was transferred to Judge Aldrich.
[22:55]	What?
[22:56]	Judge Aldrich is sitting?
[22:57]	-I’m afraid so. -Oh, great.
[23:00]	He’ll kick this before we even get through the door.
[23:02]	Let’s just go for it.
[23:04]	There’s nothing else we can do at this point.
[23:07]	She was both excited and terrified.
[23:09]	Excited and terrified of what, sir?
[23:12]	Well, excited to be starting a new life,
[23:15]	at being single again.
[23:17]	Objection. This is all hearsay.
[23:18]	State-of-mind exception.
[23:19]	-Whose state of mind? -The victim’s.
[23:21]	Oh, come on.
[23:23]	Judge, they’re aruging that she killed herself.
[23:24]	The fact that she told her brother
[23:26]	she wanted to live directly rebuts that.
[23:29]	I’m going to allow it. The objection is overruled.
[23:31]	You said your sister looked forward
[23:33]	to meeting a man she could love.
[23:35]	Yes. She was planning on telling Scott
[23:38]	that she wanted a divorce.
[23:40]	And why was she so terrified, if you know?
[23:42]	She was afraid of Scott’s temper.
[23:44]	-She told you this? -Yes.
[23:46]	She at one point wanted me to be with her
[23:48]	when she told him.
[23:49]	Why was that?
[23:51]	She was afraid that he might try to harm her.
[23:53]	-Objection.	-Objection.
[23:54]	I’ll allow it.
[23:57]	Did your sister say anything else, sir?
[23:58]	She said that if she turned up missing,
[24:00]	or if I didn’t hear from her,
[24:02]	that I should call the police,
[24:04]	because Scott probably did something to her.
[24:07]	Objection!
[24:08]	Overruled.
[24:16]	Mr. Barrett, you’ve heard speculation
[24:18]	that maybe your sister took her life.
[24:20]	That’s ridiculous.
[24:22]	Why, sir?
[24:23]	My sister and I talked every day.
[24:26]	We were extremely close.
[24:27]	She hid nothing from me.
[24:29]	If she was in so much as a bad mood,
[24:31]	I would see it.
[24:33]	She was not depressed, she was not despondent,
[24:36]	she had no mental deficiencies,
[24:38]	and the idea that she took her own life
[24:41]	is absolutely preposterous.
[24:46]	I have nothing further.
[24:56]	Mr. Barrett, you think my client
[24:58]	killed your sister, don’t you?
[25:00]	-Objection. -Goes to bias.
[25:01]	I’ll allow it.
[25:03]	You think he did it?
[25:04]	I know he did it.
[25:06]	And if you think this man killed your sister,
[25:08]	you’d want him to go to jail, wouldn’t you?
[25:10]	In fact, if you had the opportunity
[25:11]	to help put this man in jail,
[25:13]	you’d probably jump at it, wouldn’t you?
[25:15]	What are you suggesting, counsel?
[25:17]	Well, I’m suggesting you’d do anything to put the man
[25:19]	you think killed your sister behind bars.
[25:21]	You’d even get up in that witness chair and lie.
[25:24]	-HELEN: Objection! -I never lied.
[25:26]	Well, I have your statement to the police right here,
[25:28]	taken the night your sister died,
[25:29]	and you didn’t say anything about her telling you,
[25:32]	“If I disappear, call the police.”
[25:34]	You didn’t say anything about her telling you
[25:37]	she was afraid of being harmed, did you, Mr. Barrett?
[25:39]	I believe I did.
[25:41]	Where is it?
[25:43]	Here’s your statement. Where is it?
[25:46]	Maybe the officer didn’t write it down, but I —
[25:49]	Didn’t write it down?
[25:50]	The officer forgot to write that down?
[25:52]	Look, I have always maintained
[25:55]	that your client killed my sister.
[25:57]	Yes, you’ve always maintained it.
[25:58]	It has always been your opinion,
[26:00]	but this is the first we’re hearing of any facts,
[26:02]	any statements like, “He’ll try to harm me.”
[26:04]	This is the first we’re hearing of this
[26:06]	because you just decided to make those statements up,
[26:07]	didn’t you, Mr. Barrett?
[26:09]	-HELEN: Objection! -Overruled.
[26:11]	You want to put that man away so bad
[26:13]	that you got up here and lied to get the job done.
[26:14]	-HELEN: Objection! -All right, Mr. Young.
[26:16]	You say your sister wasn’t depressed,
[26:18]	she had no mental deficiencies.
[26:20]	Didn’t my client share with you
[26:22]	his concern that your sister had huge mood swings,
[26:25]	that she might even need medication?
[26:26]	-Hearsay! -Overruled.
[26:28]	Didn’t he come to you once seeking your help
[26:30]	as her brother to convince her to get treatment?
[26:33]	Absolutely not.
[26:35]	-You’re a liar. -Objection!
[26:36]	-Mr. Young! -You’re under oath here, Mr. Barrett.
[26:37]	Objection!
[26:38]	Sustained.
[26:40]	Mr. Young, don’t make me warn you again.
[26:44]	You say your sister wanted you
[26:46]	to come with her that night, but you didn’t.
[26:50]	Because I didn’t think he would really kill her.
[26:53]	I was wrong.
[26:54]	What did you do that night, Mr. Barrett?
[26:56]	I’m in a weekly card game.
[27:00]	Your sister told you
[27:01]	she was afraid for her life,
[27:03]	but you couldn’t help her
[27:05]	because you had a poker game?
[27:15]	I think I got it.
[27:21]	Ms. Gamble.
[27:23]	The Commonwealth rests, your honor.
[27:24]	Mr. Donnell?
[27:26]	One second, your honor.
[27:29]	What do you think?
[27:30]	Right now we still have a chance,
[27:32]	but if that videotape comes in —
[27:34]	Scott, it’s still our opinion that you don’t testify.
[27:35]	It would open the door on the tape.
[27:37]	But, Bobby, he is lying. Now, I can —
[27:40]	-Eugene crossed him pretty good, I think. -Yeah, I want to testify.
[27:42]	-I can’t let you. -Bobby, I —
[27:44]	-Scott, if you get up there, we’ll lose. -Bobby —
[27:46]	The defense rests, your honor.
[27:49]	(gallery murmuring)
[27:59]	What’s happening here is obvious.
[28:02]	The manufacturer here of the playground equipment
[28:05]	that caused these alleged injuries to the children
[28:08]	has gone out of business,
[28:10]	leaving the parents with nobody to sue,
[28:12]	so they file a claim against the E. P. A.
[28:17]	The plaintiffs have cited no persuasive case law,
[28:20]	state or federal,
[28:21]	that would allow for a United States agency
[28:24]	to be sued for the conduct of a private business.
[28:27]	And, your honor,
[28:29]	let’s consider the logic of what they’re asking for.
[28:33]	Since these injuries were caused
[28:35]	by environmental factors, they’re suing
[28:38]	the Environmental Protection Agency.
[28:41]	Under that theory, since we have an F. D. A.,
[28:44]	you could hold the government liable
[28:47]	for any harm caused by a drug manufacturer.
[28:49]	Since we have an F. A. A.,
[28:51]	you could sue the government for every plane crash.
[28:54]	I understand that we live in a litigious society,
[28:57]	but the idea of suing the federal government
[29:00]	for the actions
[29:02]	of any regulated private industry —
[29:04]	that’s ludicrous.
[29:05]	As a matter of law,
[29:08]	this claim is untenable,
[29:10]	and accordingly, the government’s motion
[29:12]	for summary judgment should be granted.
[29:21]	We are not suggesting
[29:23]	that the government be held liable for air disasters
[29:26]	simply because there’s an F. A. A.,
[29:28]	nor are we saying that the E. P. A. should pay damages
[29:31]	every time there’s an environmental crisis.
[29:34]	We’re saying, in this situation,
[29:37]	three children got hurt —
[29:39]	very hurt —
[29:41]	because the Environmental Protection Agency
[29:43]	didn’t do its job.
[29:45]	So you are alleging the kids got hurt
[29:48]	by toxic playground equipment?
[29:50]	Yes.
[29:52]	There is a preservative, which is also a pesticide,
[29:55]	known as chromated copper arsenic — CCA.
[29:57]	It’s used to pressure-treat wood, and it’s found
[29:59]	in decks and playground equipment everywhere —
[30:02]	And I mean everywhere.
[30:04]	With age, this pesticide leaches into the dirt,
[30:08]	which is what happened in my clients’ yard,
[30:10]	where their children played every day.
[30:12]	But why should the E. P. A. Be held liable?
[30:15]	They didn’t make that playground equipment.
[30:17]	Our argument is that the E. P. A. knew
[30:19]	about the dangers of this pesticide.
[30:21]	They’ve known about it for almost 30 years,
[30:24]	and yet they have continued to let
[30:26]	the wood preservers use the stuff.
[30:29]	This is a complete lie.
[30:30]	-Would you shut up? -Counsel.
[30:31]	He’s arguing the merits.
[30:32]	Let me deal with him.
[30:35]	The basis of your claim
[30:38]	is that the E.P.A. knew of these dangers.
[30:41]	Our claim is that
[30:42]	when a governmental agency knows of a toxic condition
[30:46]	that causes developmental problems
[30:48]	in the nervous system of children —
[30:51]	when a governmental agency knows of a toxic chemical
[30:55]	that is being regularly used
[30:57]	to make playground equipment —
[30:58]	when that governmental agency does nothing to stop it,
[31:02]	then, yes, that agency is blameworthy,
[31:04]	and, yes, that agency should incur some liability.
[31:08]	Ms. Frutt, first, I can do without the tone.
[31:13]	Second, we could complain every day
[31:15]	about the government not doing enough.
[31:17]	We can’t prevent every disaster. You know that.
[31:19]	Yes, but this disaster was preventable.
[31:22]	As are most automobile casualties, too.
[31:24]	The government could mandate
[31:26]	that every car be built like a tank.
[31:28]	They could legislate that
[31:29]	every airline passenger be equipped with a parachute.
[31:31]	There are lots of things the government could do
[31:34]	to make things safer,
[31:35]	but there are economic realities.
[31:37]	I understand that,
[31:39]	and if the economics of fixing a problem
[31:41]	is prohibitive, fine,
[31:43]	but how about simply informing the public
[31:46]	that a problem exists?
[31:47]	They know there is a chemical that causes harm.
[31:51]	How about simply alerting the public?
[31:53]	Would that be too much of a burden
[31:55]	on the federal government?
[31:57]	Maybe not. My question is, do they have a duty to?
[32:00]	Our position is that they have a duty to make known
[32:04]	all toxic, dangerous conditions
[32:06]	that they know of.
[32:08]	The E. P. A. is still sitting on this information.
[32:11]	That chemical is still leaching
[32:13]	into the dirt at playgrounds,
[32:15]	children are playing in that dirt,
[32:17]	and the E. P. A. still isn’t informing people.
[32:20]	Why? Because the wood manufacturers
[32:23]	have lobbied congress to get the E. P. A. to back off,
[32:25]	and the only reason why I know about this problem
[32:28]	is because of three sick children
[32:31]	whose parents hired me.
[32:45]	Closing?
[32:47]	Yeah.
[32:56]	If a client wants to testify, it’s his right.
[32:59]	He’s not seeing straight.
[33:01]	The guy is talking about Fiji.
[33:03]	He’s competent, he wanted to testify, and you prevented it.
[33:06]	And what would the result be of that videotape?
[33:08]	He’s competent. His decision was to testify.
[33:12]	And you sat silent.
[33:20]	So we’re both guilty.
[33:54]	-He lied, Richard. -We don’t know that.
[33:57]	-Helen. -Of course we do.
[33:58]	Oh, come on. The stuff about his sister being afraid
[34:00]	or “call the police” — where did that —
[34:02]	We don’t know that it’s untrue.
[34:04]	I know what you said to him, how you coached him to be —
[34:06]	Hey, Helen —
[34:07]	The man committed perjury, Richard. We both know it.
[34:09]	That testimony could convict.
[34:12]	Even if he did perjure himself,
[34:14]	all we have is suspicion.
[34:16]	Yes, we’re both technically covered.
[34:18]	That doesn’t solve it.
[34:19]	We could have an innocent man here
[34:21]	who could end up serving a life sentence
[34:24]	based on lies which we put into evidence.
[34:26]	First of all, he’s not innocent.
[34:28]	I think he is —
[34:29]	Your opinion isn’t relevant.
[34:32]	Second, there’s nothing we can do about it now.
[34:35]	The witness said what he said.
[34:37]	For all we know, it could be true.
[34:39]	So, we just do our job and argue the case, period.
[34:45]	Oh, I suppose you’ll never be able
[34:47]	to live with yourself now.
[34:49]	Actually, I was thinking
[34:51]	how I’d never be able to live with you.
[34:54]	If you can’t bring yourself to close,
[34:56]	just say the word.
[34:58]	The word here is
[35:00]	the most damaging prosecution witness
[35:02]	just concocted a bunch of big, fat lies.
[35:04]	Now, look, I can’t prove it,
[35:06]	but I know it, and so do you.
[35:17]	WOMAN: All rise.
[35:22]	Be seated.
[35:29]	It seems strained that the government,
[35:32]	by creating an agency to watchdog private industries,
[35:35]	could thereby become liable
[35:37]	for the conduct of those industries.
[35:40]	I am further troubled by the reality
[35:43]	that it’s the taxpayers who pay these judgments,
[35:45]	should there be any.
[35:47]	True, the Environmental Protection Agency
[35:50]	is mandated to regulate pesticides,
[35:53]	but to say that the E.P.A. knew of a leaching problem
[35:56]	and failed either to correct it or to warn about it
[35:59]	makes them negligent to the point
[36:01]	where they should assume responsibility
[36:03]	is a hard leap for me to make as a juror.
[36:09]	But it is, in fact,
[36:11]	a question a jury should be deciding, not a judge.
[36:15]	Defense motion for summary judgment is denied.
[36:17]	Trial date is set for next tuesday.
[36:21]	Adjourned.
[36:23]	(gavel pounds)
[36:25]	(gallery chattering)
[36:29]	What happened?
[36:30]	We won the motion.
[36:34]	That’s what happened. We’re still alive.
[36:37]	I don’t believe it. I mean, I do, but I don’t.
[36:40]	Oh, my god.
[36:42]	Okay, um, okay, we’ve got a lot of work to do
[36:45]	on our damage claim,
[36:46]	and the trial is set for next week,
[36:48]	so we’ve got to get together tonight.
[36:50]	7:00 in our office.
[36:52]	Ms. Frutt, can we talk?
[36:54]	No.
[36:55]	You have anything else to say, you say it to a jury.
[37:00]	Mr. Jamison, nobody wants a long trial here.
[37:05]	After eight months, that’s what you say to me?
[37:11]	Go to hell. Take your friend.
[37:22]	They have no case.
[37:26]	They find my client’s prints on the garden hose.
[37:29]	Yes, because he yanked it out of the car.
[37:32]	They find his prints and DNA on the victim.
[37:36]	Yes, because he tried to revive her.
[37:39]	There was a fracture on the back of her head.
[37:42]	Yes, because Scott Wallace pulled her out of the car,
[37:46]	causing her head to hit the cement floor.
[37:49]	And seeing how anemic
[37:50]	the case is against Scott Wallace,
[37:53]	the man he believed killed his sister,
[37:55]	Kyle Barrett took the stand and lied.
[37:59]	He testified his sister was afraid Scott would harm her.
[38:02]	Well, Kyle Barrett never told the police that — never.
[38:05]	He just made it up.
[38:07]	It was a desperate lie
[38:09]	that cannot be corroborated by anyone,
[38:11]	and it’s with that lie alone that the prosecution
[38:14]	is trying to convict an innocent man.
[38:16]	“My sister was afraid he’d harm her.”
[38:20]	“If I disappear, Scott did something.”
[38:24]	and he goes off to play poker?
[38:28]	The reason Kyle Barrett made up these lies
[38:32]	is because sitting in this room listening to the evidence,
[38:36]	he recognized what you have to recognize.
[38:42]	The prosecution has no case.
[38:53]	A woman announces to her husband that she’s going to leave him.
[38:58]	They’re heard in a screaming argument,
[39:01]	and she suddenly turns up dead.
[39:06]	We’re supposed to think suicide?
[39:09]	Is there anybody who knew her
[39:12]	to describe her as suicidal
[39:15]	or even depressed, for that matter?
[39:17]	Does it make sense
[39:19]	as she decides to move forward with life,
[39:23]	she then decides to end it?
[39:26]	As for the brother’s testimony being a lie,
[39:29]	where’s the evidence of that?
[39:32]	Did defense call anybody to contradict him?
[39:37]	Let’s all use a little common sense, shall we?
[39:40]	A woman tries to leave her husband.
[39:44]	She ends up dead in the house,
[39:47]	a whack to the back of the head,
[39:51]	no witnesses.
[39:55]	Figure it out.
[40:06]	Every day they need to be there?
[40:09]	Yes. Our case is your children,
[40:12]	and we want the jury to see their faces every single day,
[40:15]	even during the doctors’ testimony.
[40:17]	They can do it. We’ve certainly prepared them.
[40:19]	The defendants have already brought a motion
[40:22]	to bifurcate the trial, which we are opposing,
[40:24]	which means we really should get to work.
[40:27]	So we will be in constant contact
[40:29]	as we draw closer.
[40:30]	Okay.
[40:32]	Ms. Frutt.
[40:38]	I apologize for what I said before.
[40:41]	You don’t have to.
[40:43]	Yes, I do.
[40:45]	I know how hard both of you have worked,
[40:48]	and as I watched you in the court,
[40:51]	well…
[40:54]	I felt ashamed for doubting you.
[41:00]	That was something.
[41:04]	Thank you.
[41:42]	Will the defendant please rise?
[41:47]	Mr. Foreman, the jury has reached a unanimous verdict?
[41:50]	We have, your honor.
[41:52]	What say you?
[41:54]	Commonwealth vs Scott Wallace
[41:56]	on the charge of murder in the first degree —
[41:58]	we find the defendant Scott Wallace guilty.
[42:02]	JUDGE WOLFE: Members of the jury,
[42:04]	this completes your service.
[42:07]	You are dismissed with the thanks of the court.
[42:11]	Defense moves to set aside the verdict
[42:14]	or for a new trial.
[42:16]	You can file those motions later.
[42:18]	Security will take the defendant into custody.
[42:21]	We’re adjourned. (bangs gavel)
[42:23]	We’ve got some grounds.
[42:26]	The ruling to allow your statement, we–
[42:28]	We’ve got some grounds. We’ll appeal.
[42:31]	Okay, okay, okay.
[42:33]	Where are they taking me?
[42:35]	They’re transferring you to Cedars.
[42:37]	Oh.
[42:38]	We have grounds, Scott. We’ll appeal.
[42:42]	Okay. I’ll be okay.
[42:48]	Mr. Donnell.
[42:51]	MAN: Mr. Bay, can I get a comment?
[42:53]	Mr. Bay, would you comment?
[43:06]	Will you appeal?
[43:07]	Yes, we will appeal.
[43:32]	♪ (theme)
[43:57]	You stinker!

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