时间 | 英文 | 中文 |
---|---|---|
[00:00] | Previously on “The Practice”… | |
[00:02] | When we ask, “Did your sister seem suicidal?” | (回顾部分未作翻译) |
[00:04] | A response of “I didn’t think so” isn’t going to do it. | |
[00:07] | She was murdered. If you know it, | |
[00:10] | she did not commit suicide. You absolutely know it. | |
[00:14] | She said that if she turned up missing, | |
[00:15] | that I should call the police | |
[00:17] | because Scott probably did something to her. | |
[00:20] | BOBBY: Objection. | |
[00:21] | You want me to sign this– | |
[00:23] | I coached a witness to lie? | |
[00:24] | He made that stuff up about his sister being afraid. | |
[00:28] | Helen, I told him | |
[00:29] | what his testimony needed to accomplish. | |
[00:31] | I never said lie. | |
[00:33] | I’m convinced that Kyle Barrett lied on the stand | |
[00:35] | after being coached by the prosecution. | |
[00:37] | I don’t think Mr. Bay crossed the line. | |
[00:40] | I see no evidence that he solicited perjury. | |
[00:43] | The conviction, therefore, stands. | |
[00:48] | This thing was built to bring children joy, | |
[00:50] | and it’s toxic. | |
[00:52] | We have consistently found | |
[00:53] | that it does not pose an unreasonable risk | |
[00:56] | to either children or adults. | |
[00:58] | I have a boy whose body convulses | |
[01:01] | and a daughter who keeps falling down | |
[01:04] | and a son who can’t read, | |
[01:05] | and you people have known for 30 years. | |
[01:07] | We find in favor of the plaintiff | |
[01:09] | and order the defendant to pay damages | |
[01:12] | in the amount of $72 million. | |
[01:16] | I’m granting defense’s motion to remit. | |
[01:18] | The knockdown number is $135,000 per child. | |
[01:20] | That’s less than they offered. | |
[01:22] | I don’t care. Your case was pure speculation, Counsel. | |
[01:25] | We have a right to a new trial. | |
[01:27] | If you take a new trial, | |
[01:28] | you’ll be right back before me, Ms. Frutt, and if you do win, | |
[01:32] | I might remit the next knockdown to $75,000. | |
[01:35] | I’m going to get him. | |
[01:37] | That judge–I’m going to get him. | |
[01:42] | Sixty bucks. That’s something. | 导致Jimmy还被警察误抓了,本集这个女孩将再次出现) |
[01:43] | -You don’t have to do that– -No, take it. | |
[01:45] | You pay me back when you get it. | |
[01:46] | Listen, Jennifer, you’re a smart girl, | |
[01:49] | a good girl. | |
[01:50] | I can judge character. | |
[01:52] | Don’t be doing this. | |
[01:54] | Thank you. | |
[01:56] | Go. Wipe that stuff off your face. | |
[01:58] | I will pay you back. | |
[01:59] | Yeah, well, in the meantime, | |
[02:02] | get a paper route or something. | |
[02:03] | Don’t be doing this. | |
[02:26] | Jimmy. | Jimmy |
[02:27] | You’re having a kid?You didn’t tell me that. | 你怀上孩子了?你没跟我说过 |
[02:31] | I didn’t want you to get mad. | 我不想让你生气 |
[02:33] | How could you still be doing drugs? | 你怎么还能继续吸毒? |
[02:35] | It was just this one time. | 就一次 |
[02:37] | Billy left me. | Billy离开了我 |
[02:39] | He left me like this. I just– | 他就这样抛弃我了,我就是。。。 |
[02:41] | What about rehab? | 康复治疗呢? |
[02:42] | I called that number that you gave me, | 我打了你给我的那个电话号码 |
[02:44] | but they said that I couldn’t interview for two weeks, | 但是他们说我两周内都不能就诊 |
[02:48] | and then I lost the number. | 而后我把那号码弄丢了 |
[02:49] | How far along are you? | 怀孕多久了? |
[02:54] | Eight months. | 八个月 |
[03:06] | Can’t you get me out? | 你能把我弄出去吗? |
[03:13] | Jimmy. Jimmy。 | |
[03:16] | You’re smoking crack with an eight-month baby. | 你和一个八个月大的孩子在一起吸可卡因 |
[03:19] | -It was just once, I swear. -No, it wasn’t. | -就一次,我发誓 -不,不会就一次 |
[03:22] | Jimmy, I’ll do the rehab. | Jimmy,我会去做康复治疗的 |
[03:23] | I’ll do anything that you want me to do. | 你要我做什么,我都去做 |
[03:26] | Please, just get me out. | 求你了,把我弄出去吧 |
[03:36] | If I get you out, | 如果我把你弄出去 |
[03:37] | and I’m not saying I can– | 我没说我一定能做到。。。 |
[03:39] | But if I do, you go into rehab immediately, | 但如果我弄你出去,你从法庭出来 |
[03:43] | straight from the courthouse. | 就立刻直接去做康复治疗 |
[03:46] | I promise. | 我保证。 |
[03:55] | Tell me about the arrest. | 跟我说一下拘捕你时的情况 |
[04:53] | Okay, everyone, let’s get started. | 大家听着,我们开会了 |
[04:55] | Did somebody make it official that you’re in charge? | 有谁正式宣布由你来主持吗? |
[04:57] | Brains, beauty, and character. Don’t knock it. | 凭我的智慧、美貌和品行,对此不容质疑 |
[05:00] | Okay, let’s go. Jimmy. | 好了,开始吧,Jimmy |
[05:01] | Jennifer Cole–Possession of crack cocaine. | Jennifer Cole,非法持有强效可卡因 |
[05:04] | Again? | 再犯? |
[05:05] | I got a motion to kick at nine. | 我在九点钟要提一个开释动议 |
[05:07] | She’s eight months pregnant. | 她怀有八个月身孕 |
[05:09] | What? And she’s smoking crack? | 什么?她还吸食可卡因? |
[05:12] | Believe me, I tore into her already. | 相信我,我已经数落过她了 |
[05:15] | She better hope her baby doesn’t die. | 她最好祈祷自己的孩子别死了 |
[05:16] | She could be charged with murder. Did you tell her that? | 她可能会被控谋杀的,这一点你告诉她了吗? |
[05:18] | I’m not positive I did, but I will. Thank you, Lindsay. | 我不确定,但我会跟她讲的,谢谢你,Lindsay |
[05:21] | She should be shot. | 她应该被枪毙 |
[05:24] | All right, Bec, how’s the research coming? | 好了,Bec,研究进展如何? |
[05:25] | Okay. | 还好 |
[05:27] | Can you give me something more to go on than “okay”? | 别光说“还好”,你能再多讲一点吗? |
[05:28] | I’m seeing Scott Wallace later. | 我稍后要去见Scott Wallace。 |
[05:30] | Sure. We can argue reversible error | 当然,Wolfe法官没有 |
[05:33] | when Judge Wolfe didn’t have an evidentiary hearing | 就Richard Bay是否教唆伪证的问题举行证据听证会 |
[05:35] | on whether Richard Bay suborned perjury. | 我们可据此提出“反转性错误”为申诉理由 (反转性错误:如认定审判时出现严重错误,判决可被撤销) |
[05:37] | Now, since we have Helen Gamble with us, | 现在,因为Helen Gamble站在我们一边 |
[05:39] | -I think that’s our best shot. -What else? | -我认为我们机会很大 -还有别的要说吗? |
[05:43] | Well, the neighbor’s testimony that he heard lots of fights | 还有,那个邻居的证词说他听到了 |
[05:44] | between Scott Wallace and his wife– | Wallace夫妇之间激烈的争吵 |
[05:46] | Prior bad conduct, inadmissible. | 属于过往不良行为,本应不被采纳 |
[05:48] | We could argue reversible error there, too. | 我们也可以辩称那也属于反转性错误 |
[05:50] | All right. Lucy, keep dogging the clerk’s office. | 好的,Lucy继续盯紧书记员办公室 |
[05:52] | Ellenor, jump in with Rebecca on the brief. | Ellenor,加入进来和Rebecca一起撰写案情摘要 |
[05:55] | I can’t, actually. I’m a little jammed. | 我不行,我实际上有些应接不暇 |
[05:57] | Not on my calendar, you’re not. | 在我记录的日程表上,你没什么事 |
[05:59] | I have an appointment with the chief judge | 我今天有一个 |
[06:02] | of the district court today. | 和地方法院首席法官的会面 |
[06:04] | About what? | 关于什么事? |
[06:05] | Judge Aldrich. | Aldrich法官 |
[06:07] | I didn’t know. | 这事我不知道 |
[06:10] | I’m keeping you out of it, since– | 我没让你参与,因为。。。 |
[06:11] | Ellenor, we can’t afford to be alienating– | Ellenor,我们承受不起搞坏关系。。。 |
[06:13] | It’s one meeting. | 就是一次会面 |
[06:15] | The appointment’s made. I’m doing it. | 已经预约了,我正在办 |
[06:17] | Aldrich was out of line. I’m not staying quiet. | Aldrich越线了,我不能忍气吞声 |
[06:19] | Forget it. | 别管了 |
[06:27] | I was observing 4323 South Holden Green. | 我正在监视Holden Green南街4323号 |
[06:30] | It’s a known crack house. | 这是一个有名的贩毒窝点 |
[06:32] | I witnessed Jennifer Cole exiting. | 我目睹Jennifer Cole从那里出来 |
[06:35] | She was stumbling and disoriented, | 她步履蹒跚,神志不清 |
[06:36] | her appearance consistent | 她表现得就是 |
[06:38] | with being under the influence of drugs. | 处于在毒品影响之下 |
[06:39] | What did you do? | 你做了什么? |
[06:41] | I exited my vehicle, approached the suspect, | 我下了车,接近嫌犯 |
[06:43] | identified myself as a police officer, | 亮出警察的身份 |
[06:45] | and then engaged her in conversation. | 和她攀谈 |
[06:47] | Her behavior confirmed my suspicion she was high. | 她的举止证实了我的怀疑,她已经吸嗨了 |
[06:50] | Could you describe that behavior? | 你能描述一下那些举止吗? |
[06:53] | She was sweating and jittery and was slurring her speech. | 她汗流浃背,神经过敏,说话含糊不清。 |
[06:56] | What did you do then, Officer? | 警官,随后你做了什么? |
[06:58] | I conducted a quick pat-down search for weapons, | 我对她快速搜身查找武器 |
[07:00] | and I could plainly feel an object in her jacket pocket. | 我能清楚地感觉到她夹克口袋里有个东西 |
[07:03] | It was immediately apparent to me | 我立刻明白了 |
[07:05] | that the object was a rock of crack cocaine. | 那是一块可卡因 |
[07:06] | How did you know? | 你怎么知道的? |
[07:08] | Well, I’ve received extensive training | 我接受了广泛的有关 |
[07:10] | in recognizing crack. | 辨识可卡因的培训 |
[07:11] | I felt a small object, asymmetrical, rough edges– | 我感觉到了一个小型物体,不规则的,粗糙的边缘 |
[07:14] | A rock of crack. | 一块可卡因 |
[07:15] | Then what? | 然后呢? |
[07:17] | Then I reached inside the defendant’s jacket | 然后我把手伸进被告的夹克里 |
[07:20] | and removed approximately 100 milligrams | 取出大约100毫克 |
[07:22] | of what was determined to be crack cocaine | 确定为强力可卡因 |
[07:23] | wrapped in paper. | 用纸包着的 |
[07:25] | This rock of crack–How big was it? | 这块可卡因,有多大? |
[07:28] | About a half an inch in diameter. | 直径半英寸 |
[07:29] | So that’s no bigger than, what, an aspirin? | 那么,这要比一片阿司匹林还小? |
[07:32] | About that size. | 差不多就是那么大 |
[07:34] | And this tiny, little thing was, as you put it, wrapped in paper? | 这个小小的东西,如你所说,是用纸包起来的? |
[07:37] | That’s correct. | 没错 |
[07:39] | In fact, it was | 事实上,那是 |
[07:40] | inside a scrunched-up brown paper bag, right? | 在一个皱巴巴的棕色纸袋里,对吗? |
[07:42] | Yes. | 是的 |
[07:43] | And the bag was | 而且这个纸袋是 |
[07:45] | inside her jacket–A big winter overcoat, in fact? | 在她的夹克里-一件很大的冬季外套,是吗? |
[07:47] | I don’t recall exactly. | 我确实想不起来了 |
[07:49] | Officer, I’m showing you | 警官,我这就给你看看 |
[07:50] | what’s been admitted as people’s three. | |
[07:52] | This the jacket miss Cole was wearing? | 这是Cole小姐穿的夹克? |
[07:54] | Looks like it, yeah. | 看起来像,是的 |
[07:56] | So, you do this one pat of Ms. Cole’s body. | 那么,透过这件厚底大衣 |
[07:59] | Through this thick down overcoat | 你拍了一下Cole女士的身体 |
[08:01] | and through a crumpled-up paper bag, | 再透过一个皱巴巴的纸袋 |
[08:03] | you feel this tiny, little lump, | 你感觉到了这个微小的团块? |
[08:04] | and you immediately know it’s crack cocaine? | 而且你立刻就知道那是强力可卡因? |
[08:06] | Yes. | 是的 |
[08:08] | No way it was jewelry, candy? | 那不会是珠宝或者糖块? |
[08:10] | No. | 不会的 |
[08:11] | All this from just one pat? | 所有这一切只需要拍一下就知道? |
[08:13] | Yes. We received comprehensive and extensive training– | 是的,我们接受了全面而广泛的培训。。。 |
[08:17] | How many times have you used these comprehensive | 警官,你们用这套全面而广泛的训练 |
[08:20] | and extensive training techniques | 对可卡因嫌疑犯 |
[08:21] | to frisk suspects for crack cocaine, Officer? | 进行过多少次搜查? |
[08:24] | Probably 10 times. | 大概十次 |
[08:25] | And how many arrests resulted | 那么在这些次经过综合性训练的搜身中 |
[08:27] | from these comprehensively trained pat-downs, Officer? | 有多少次是进行了逮捕,警官? |
[08:32] | Two or three. | 二到三次 |
[08:34] | So the other eight people you frisked were innocent? | 那么被你搜身的另外八个人是无辜的? |
[08:40] | Nothing further, Your Honor. | 没问题了,法官大人 |
[08:43] | Ms. Alexander? | Alexander女士? |
[08:45] | The witness may step down. | 证人可以退席了 |
[08:48] | Does the commonwealth have anything else? | 控方还有别的证人吗? |
[08:50] | No, but I would like to remind the court | 没有了,但是我想提醒法庭 |
[08:53] | that in addition to pat-downs | 除了被宪法允许的 |
[08:55] | being constitutionally permissible, | 搜身之外 |
[08:56] | this woman is eight months pregnant, | 这女人已经有八个月身孕了 |
[08:58] | and I would like to ask the court | 我想请求法庭 |
[09:00] | to seriously consider the consequences of– | 慎重考虑。。。 |
[09:02] | The charges against Ms. Cole are dismissed without prejudice. | 对Cole女士的指控被驳回 (这里without prejudice没有合适的中文对应, 但含义指的是:这种驳回是允许再次提起诉讼的) |
[09:04] | You bring me some new evidence, you can refile. | 你给我出示新的证据,你就可以再次起诉 |
[09:09] | Ms. Cole, you’re free to go. | Cole女士,你被释放了 |
[09:27] | I want to thank you, Your Honor, | 法官大人。我要感谢您 |
[09:29] | for being gracious enough to see me. | 能如此宽厚地接见我 |
[09:30] | Well, there was nothing gracious about it. | 行了,这跟是不是宽厚没关系 |
[09:32] | You somehow got my home number and woke me from a deep sleep. | 不知道你怎么弄到了我家电话号码,把我从熟睡中弄醒 |
[09:35] | I had no idea what I was saying yes to. | 所以我都搞不清我那时候答应了你什么 |
[09:39] | We were basically blackmailed, Your Honor. | 我们基本就是被胁迫的,法官大人 |
[09:41] | Judge Aldrich told us to accept | Aldrich法官逼着我们接受 |
[09:44] | the knockdown number or else, | 被压低的价格,或者别的。。。 |
[09:47] | and the “or else” being that he would order a new trial, | 这个“别的”的意思是他会下令重审 |
[09:49] | keep the case, and steer us into defeat. | 操纵这个案子,最终让我们落败 |
[09:53] | You’re talking about one of my most respected colleagues. | 你可是在说我最尊敬的同事之一 |
[09:57] | Who comitted gross abuse of discretion. | 他严重地滥用自由裁量权 |
[09:59] | What he did did not respect you, Your Honor or the court. | 他的所作所为,没有尊重您,也没有尊重法庭 |
[10:03] | It was blackmail. | 那是胁迫 |
[10:05] | And I am not overstating it. | 我对此没有危言耸听 |
[10:09] | You can substantiate this? | 你有事实来支持这个说法吗? |
[10:11] | Yes, my co-counsel Lindsay Dole was present | 有的,我的同事Lindsay Dole在场 |
[10:14] | as was opposing counsel. | 辩方律师也在 |
[10:18] | If you thought the judge was out of bounds, | 如果你认为法官越界了 |
[10:20] | you should have asked the court reporter to step in. | 你应该让法庭书记员介入 |
[10:22] | He never would have said that on the record. | 他才不会把那些话记录下来的 |
[10:24] | But you need a record in order for me to act, Ms. Frutt. | 但是你需要有记录,我才能够有所行动,Frutt女士 |
[10:28] | At minimum, you should have appealed the reduction. | 起码你应该上诉 |
[10:31] | Instead, you agreed to the knockdown and you took the money. | 而你却接受了砍价,并且拿了钱 |
[10:35] | My clients took it under duress. | 我的当事人是被迫接受的 |
[10:37] | Well, that was a big mistake. | 哈,那是犯了一个大错误。 |
[10:38] | And you made it. | 正是你造成的 |
[10:40] | Maybe that’s what’s eating you. | 也许那才是让你郁闷的事 |
[10:42] | What’s eating me is being blackmailed by a judge. | 让我郁闷的是我被一个法官胁迫 |
[10:45] | What he did was corrupt. | 他做的那些是道德败坏的 |
[10:47] | I don’t see that on any appellate record. | 我在任何上诉记录上都没有看到这一点。 |
[10:55] | What would be my options? | 我有什么选择? |
[10:58] | You could move for a new trial, | 你可以提出动议要求重审 |
[11:00] | request that Judge Aldrich recuse himself. | 并要求Aldrich法官回避 |
[11:03] | But Judge Aldrich would be the one who would rule | 但是Aldrich法官会是 |
[11:05] | on those motions. | 负责裁决那些动议的法官 |
[11:07] | Correct. | 没错 |
[11:08] | Is there another option? | 还有别的选择吗? |
[11:13] | You could file amotion with the circuit court of appeals | 你可以向巡回上诉法院提起诉讼 |
[11:14] | to have him removed for bias. | 因偏见将他排除掉 |
[11:16] | That’s what I want to do. | 那就是我打算做的 |
[11:20] | It would be your word against his. | 那会让你和他发生对质 |
[11:23] | And these judges would be federal circuit court judges. | 那些法官将会是联邦巡回法院的 |
[11:26] | Do you understand? | 你理解什么意思吗? |
[11:28] | He doesn’t just get a jury of his peers here. | 他面对的不仅仅是由他的同僚组成的一个陪审团 |
[11:32] | He gets his friends. | 他面对的是他的朋友们 |
[11:34] | That’s what I wanna do. | 我还是打算那样做 |
[11:36] | I’d think long and hard about that Ms. Frutt. | 如果是我,会再三考虑的,Frutt女士 |
[11:40] | Well, now it sounds like you’re threatening me. | 现在听起来好像你是在威胁我 |
[11:43] | No, I’m giving you some advice. | 不是,我正在给你忠告 |
[11:49] | I want to file a formal complaint. | 我要正式提出投诉 |
[12:07] | Richard, is this it? We’re never talking again? | 我们再也不说话了?Richard,是吗? |
[12:09] | There’s nothing really to talk about, Helen. | 真没什么可说的,Helen |
[12:12] | Would you at least give me 20 seconds. | 你能给我一小会儿吗 |
[12:18] | I know this goes against your fiber, | 我知道这样做是质疑了你的品行 |
[12:20] | but sometimes the people we charge with crimes are innocent. | 但有时我们指控的人是无辜的 |
[12:24] | Scott Wallace is not innocent. | Scott Wallace不是无辜的 |
[12:26] | My point being I think he is. | 我的观点是,他是无辜的 |
[12:28] | I also believe a witness lied after you coached him. | 我还坚信在你的指导后,证人撒了谎 |
[12:33] | Richard, we’re officers of the court. | Richard,我们都是在法庭上的官员 |
[12:34] | It has to mean something. | 这是有其意义的 |
[12:36] | I understand that, Helen. | 我理解这些,Helen |
[12:38] | I also understood you to be my friend, | 我还理解你作为我的朋友 |
[12:40] | and you cut my legs out. | 却对我暗算 |
[12:43] | You basically accused me in open court | 你根本就是在公开的法庭上 |
[12:45] | of being dishonest. | 指控我不诚实 |
[12:47] | You’re taking it a little too personally. | 你这话说的太带有些个人情绪了 |
[12:50] | Let me tell you something, Helen. | 让我来说吧,Helen |
[12:53] | I get called a lot of things. | 我有很多外号 |
[12:55] | The defense attorneys call me The Midget. | 辩方律师叫我是侏儒 |
[12:57] | The judges call me Little Napoleon. | 法官管我叫小拿破仑 |
[12:59] | I take a lot of abuse, | 我受过很多气 |
[13:01] | but I get through it every day | 但是我一天天地坚持下来 |
[13:03] | because I also have a reputation | 因为我还有尽忠职守 |
[13:04] | for being good at what I do, | 的好名声 |
[13:06] | and I have a reputation for being an honest person. | 而且我被公认为一个诚实的人 |
[13:09] | That reputation is dear to me, | 我很珍视这个名声 |
[13:11] | and when a colleague, a friend, | 而当一个同事,一个朋友 |
[13:13] | stands up and obliterates that reputation, | 站出来毁掉那个名声 |
[13:16] | it’s personal. | 这就是私人恩怨了 |
[13:21] | Hey, Richard. | 嘿,Richard |
[13:23] | Helen. | Helen |
[13:27] | Jimmy. | Jimmy |
[13:29] | Hey, I thought I could drive you to the hospital. | 嗨,我想我应该开车送你去医院 |
[13:32] | -Hospital? -Rehab. | -医院? -去康复治疗 |
[13:34] | I got you all set up. You can do it outpatient. | 我替你都安排好了。你可以在门诊做 |
[13:37] | Well, I was going to go see my aunt today. | 可是,我今天要去看我姑妈 |
[13:42] | You can see her after, Jennifer. You promised. | 以后再去看也可以,Jennifer,你答应过的 |
[13:47] | Okay. | 好吧 |
[13:51] | -What’s up? -Mr. Berluti, please step aside. | -怎么了? -Berluti先生,请让开 |
[13:53] | Jennifer Cole, you’re under arrest. | Jennifer Cole,你被捕了 |
[13:55] | -Arrest? -Hands behind your back. | -被捕? -把双手背过去 |
[13:56] | What the hell is going on, Susan? | 见鬼了,什么事?Susan? |
[13:58] | Distribution of a controlled substance to a minor. | 向未成年人分发受管制物品 |
[14:00] | -Distribution? -Distribution of what? | -分发? -分发什么呀? |
[14:02] | Don’t say anything. What the hell are you talking about? | 什么也别说,你到底在说什么? |
[14:04] | -Distributing to who? -The baby. | -分发给谁? -婴儿 |
[14:06] | -My baby? -You’re smoking crack for two now. | -我的孩子? -你现在是两个人在吸食毒品 |
[14:08] | What is she talking about?What are you doing? Jimmy! | 她在说什么呀?你在干什么?Jimmy! |
[14:10] | -JJimmy! -You have the right to remain silent. | -JJimmy! -你有权保持沉默 |
[14:12] | Anything you say can and will be used against you | 你说的任何一切都会作为呈堂证据 |
[14:15] | in a court of law. | 并可能对你不利 |
[14:17] | You have the right to talk to a lawyer | 你有权请一个律师 |
[14:19] | and have him present with you while you’re being questioned. | 当你被审问的时候让他和你在一起 |
[14:29] | Just calm down and hear me out. | 冷静下来,听我把话说完 |
[14:32] | I won’t hear you out. This is so ridiculous. | 我不想听你说完,太荒谬了 |
[14:34] | There’s never been a case made | 分发违禁品给一个胎儿, |
[14:36] | for distributing to a fetus, and you know it. | 这压根儿不能算做一个案子,你自己也明白这点 |
[14:38] | Just because it’s never been made before. | 恰恰是因为以前没有这样做过 |
[14:41] | She distributed cocaine to her baby | 她通过她的血液 |
[14:43] | through her bloodstream. | 分发毒品给她的胎儿 |
[14:45] | I’ll be moving for sanctions on this, and I’ll get them. | 我会发起一个动议来禁止这项指控,而且我会得到批准的 |
[14:48] | How sure are you she won’t use again, like tomorrow? | 你有多大把握她不会再吸毒了?比如明天? |
[14:52] | She has a viable baby. | 她有一个能活下来的胎儿 |
[14:55] | If she hasn’t done any damage yet, she might the next time. | 如果她还没毁了这个胎儿的话,她下一次吸毒可能就会了 |
[14:59] | I’m just looking to get her off the street | 我们只是想在生下这孩子之前 |
[15:01] | until the child is born. | 让她别再混迹街头了 |
[15:02] | I got her in rehab. | 我让她去康复中心了 |
[15:04] | Yeah, voluntary, outpatient. Come on. | 是啊,非强制的,在门诊治疗。。。拉倒吧 |
[15:06] | -You still can’t arrest her. -Technically, I can make the case. | -但你还是不能逮捕她呀 -从技术角度上,我能让这案子成立 |
[15:09] | -Read the statute, Jimmy. -You’re deluding yourself. | -读一读法规吧,Jimmy -你在自欺欺人 |
[15:10] | There’s no way you can win this, Susan. | 你不可能赢的,Susan |
[15:12] | -It could be blood to blood. -You can’t win. | -那是通过血液传输 -你赢不了 |
[15:14] | I can if you don’t fight me. | 如果你不跟我捣乱,我就能 |
[15:21] | You’re asking me to conspire with you | 你在要求我和你串通一气 |
[15:23] | to keep her in jail? | 把她关到监狱里? |
[15:26] | One month until the baby is born. | 就关一个月,直到让她把孩子生下来 |
[15:35] | I know you care for this woman. | 我知道你关心这个女人 |
[15:37] | I do, and I’m telling you, she’ll go crazy inside. | 我确实是,而且我告诉你,她在牢里会疯掉的 |
[15:40] | She needs help, not jail. | 她需要的是帮助,而不是进监狱 |
[15:42] | This is the only way she’s going to get help. | 这是她获得帮助的唯一途径 |
[15:45] | If she walks, it’ll be straight to the local crack house. | 如果她行动自由,她会直接去她常去的贩毒窝点 |
[15:47] | We don’t know that. | 我们不能确定会那样 |
[15:49] | Do you know what crack does to a baby? | 那你知道可卡因对胎儿会有什么影响吗? |
[15:52] | It cuts off the blood flow, oxygen, nutrients, | 那会切断血液,氧气,营养 |
[15:54] | seizures, heart attacks, brain damage. | 会导致癫痫,心脏病发作,脑损伤 |
[16:00] | Let’s plead this out. | 让我们按如下的减刑认罪 |
[16:03] | In-patient rehab No jail. | 监护康复治疗,不用坐牢 |
[16:09] | You’re asking me to cop to a bogus charge. | 你这是在要求我接受一项伪造的指控 |
[16:12] | I’m asking you to consider. | 我在请你考虑 |
[16:14] | You really have two clients here. | 你实际上面临着两个当事人 |
[16:17] | Susan… Susan。。。 | |
[16:20] | If she gets out, she’ll O. D., miscarry. | 如果她被放出去,她会死的,流产 |
[16:22] | Who knows what will happen? | 谁知道会发生什么? |
[16:24] | She trusts you, and you can help her. | 她相信你,而且你能帮助她 |
[16:35] | It’s a complete long shot. This is a very popular judge, | 这完全是一次风险很大的赌博,这个法官人缘很好 |
[16:38] | and the other judges aren’t likely to sanctions him. | 其他法官不太可能会去制裁他 |
[16:40] | What about the settlement that we agreed to? | 对我们已经接受的和解条件有什么影响? |
[16:43] | Well, if we undo it, hopefully, we can get you more. | 如果我们能撤销它,有希望能让你们多得到一些 |
[16:45] | In defeat, you keep what you have. | 如果失败了,你们还能保留已经得到的 |
[16:47] | So what happens? | 现在怎么办? |
[16:49] | Well, we have a hearing scheduled for tomorrow at 3:30. | 我们明天三点半有个听证会 |
[16:51] | There’s nothing to lose. | 不会有什么损失的 |
[16:53] | -Okay. -Okay. | -好吧 -好吧 |
[16:58] | You filed a formal motion against Aldrich? | 你提出了一个投诉Aldrich法官的正式动议? |
[17:01] | What’s the problem? | 那又怎么样? |
[17:03] | The problem, Ellenor, is this is not something attorneys do. | 问题在于这并不是律师应该做的,Ellenor |
[17:06] | Why? Because the federal court is like a club | 因为什么?因为联邦法院就像一个俱乐部 |
[17:08] | as far as judges go. | 就这些法官而言 |
[17:10] | They have tenure. They stick together, | 他们是终身任职,他们互相支持 |
[17:12] | and the only thing that will come out of this | 你这么干,由此产生的唯一结果就是 |
[17:14] | is this firm will be retaliated against. | 这家事务所被遭到报复 |
[17:17] | Oh, please. What can they do to us? | 噢,拜托,他们能把我们怎么样? |
[17:19] | What can they do to us? | 能把我们怎么样? |
[17:21] | You just saw firsthand what they can do. | 你刚亲眼看到了他们能干出什么 |
[17:22] | They can cut damage awards, overturn verdicts, | 他们能对损害赔偿金打折,推翻判决 |
[17:25] | give lousy instructions, deny bail, cut fees. | 做出令人讨厌的的指示,拒绝保释,削减费用 |
[17:27] | What can’t they do? | 他们有什么做不出来? |
[17:29] | Not to mention they could put all our cases | 更不用说他们可以把我们所有的案子 |
[17:31] | at the bottom of the docket, | 都压在案卷的底部 |
[17:33] | and we’d never even get to trial. | 我们甚至永远无法出庭了 |
[17:35] | What you’re doing here could hurt all our clients. | 你现在干的这些,会损害我们所有当事人的利益 |
[17:37] | At a minimum this should’ve been the subject | 至少这要经过 |
[17:40] | of a partnership meeting. | 合伙人会议来讨论 |
[17:42] | Well, I’ve had bad experiences with partnership meetings. | 得了吧,我在合伙人会议上总会有不好的经历 |
[17:43] | Snide isn’t what I was looking for. | 刻薄的嘲讽可不是我想听到的 |
[17:46] | Bobby, I have a plan, okay? | Bobby,我有个计划,好了吧? |
[17:48] | I was hoping to avoid the hearing against Aldrich. | 我寄希望于避免针对Aldrich的听证会 |
[17:50] | How? | 怎么做? |
[17:51] | I have a meeting scheduled | 我安排了一次 |
[17:53] | with the lawyers for the E. P. A. | 和环保署的律师们的会议 |
[17:54] | I think with just the threat | 我想,仅仅是在 |
[17:55] | of the knockdown number being thrown out, | 压价会被取消的威胁下 |
[17:57] | I can chip the number up a little. | 我能把赔偿多抠出来一点 |
[17:59] | Somehow I don’t believe | 我不怎么相信 |
[18:00] | this is about chipping up a number. | |
[18:04] | I am only trying to help the client. | 我只是想帮助我的当事人 |
[18:06] | This is not about vengeance. | 跟报复无关 |
[18:13] | I don’t understand. | 我理解不了 |
[18:14] | You plead guilty to distribution. | 你认了分发违禁品的罪名 |
[18:17] | They’ll recommend straight probation for a year. | 他们会建议缓刑一年 |
[18:19] | Probation? | 缓刑? |
[18:21] | So long as you get residential treatment. | 这期间你住院治疗 |
[18:22] | I hate those places, Jimmy– | 我讨厌那些地方,Jimmy |
[18:24] | All those freaky junkies and weirdos. | 所有那些古怪的瘾君子和怪人 |
[18:26] | It’d be like poison for the baby. | 那些对胎儿就像是毒药一样 |
[18:27] | You need help, Jennifer. You’ve got an addiction. | 你需要得到帮助,Jennifer,你染上毒瘾了 |
[18:30] | I do not! I can stop whenever! | 我没有,我随时可以停止吸毒! |
[18:33] | Then why haven’t you? | 那你为什么没做到呢? |
[18:35] | Eight months pregnant– Why the hell haven’t you? | 怀孕八个月了。。。为什么你还没停止吸毒? |
[18:43] | I’ll go to my aunt’s house. | 我打算到我姑妈家住 |
[18:45] | There’s this little room. It’s like the perfect size. | 有个小房间,大小很合适 |
[18:49] | I got no curtains yet, | 但还没有窗帘 |
[18:51] | cause they’re either going to be blue or pink, you know? | 因为我还没想好是蓝色的还是粉丝的,你懂吗? |
[18:53] | Jennifer… Jennifer。。。 | |
[18:54] | Rehab’s no place for a baby. | 康复中心不适合孩子 |
[18:56] | The baby should be at home. | 孩子应该有个家 |
[19:02] | Please, Jimmy, what do I do? | 求你了,Jimmy,我该怎么办? |
[19:11] | They got a case here, and they’re real serious. | 他们立了案,他们是当真的 |
[19:15] | I think you ought to take the plea. | 我想你理应接受这个交易 |
[19:19] | It’s the best thing for you. | 这对你是最好的 |
[19:23] | You really can’t make it go away? | 你真的解决不了吗? |
[19:25] | No. | 是的 |
[19:47] | -How long? -We’re hoping next week. | -多久? -我们希望下周 |
[19:50] | No, no, you got to push it up, Bobby. | 不,不,你们要加紧,Bobby |
[19:52] | I can’t take this place. | 我受不了这地方 |
[19:54] | I mean, they see me as some rich guy. | 我是说,他们把我看成有钱人 |
[19:56] | I mean, I’m going to be meeting up | |
[19:58] | with the end of a broomstick in here. | |
[20:00] | -Scott. -You got to get me out. | -Scott -你要把我弄出去 |
[20:02] | I mean, minimum security, something, work release? | 我是说。最低级别设防,监外劳务? |
[20:06] | -Scott—I got money. -Scott。。。 | -我给钱 |
[20:07] | Milken got out with money. I can pay. | Milken交钱就出去了,我付得起 |
[20:10] | He was in on securities fraud. You’re in for murder. | 他是因为证券欺诈,而你是谋杀罪 |
[20:12] | Get me out! | 让我出去!! |
[20:21] | We’re trying to push up the appeal | 我们正在竭尽所能 |
[20:24] | as soon as possible, Scott. | 努力推进上诉,Scott |
[20:27] | Look, I’ll get a new trial, right? | 听着,我会得到重审机会,是吗? |
[20:30] | I mean, the judge made all of those mistakes. | 我是说,法官把这一切都弄错了 |
[20:33] | I mean, I got to get a new trial. | 我是说,我要得到一次重审 |
[20:35] | Give me a brand-new trial. | 给我一次全新的审判 |
[20:37] | That’s what we’re hoping for. | 那也是我们所期待的 |
[20:40] | See, you got to hurry, Bobby. See? | 你们要加快,Bobby,明白吗? |
[20:43] | I thought I was okay, | 我想我还能行 |
[20:45] | but I’m feeling maybe I’m not. | 但我觉得也许会挺不住了 |
[20:48] | You just hurry, okay? | 你们就是要尽快,好吗? |
[20:54] | Okay. | 好的 |
[21:00] | Do you expect us to laugh? | 你想逗我们笑吗? |
[21:02] | No, I don’t expect that, Mr. Meyers. | 不,我没打算那样,Meyers先生 |
[21:04] | We have a hearing set up for tomorrow. | 我们申请了一次听证会,明天 |
[21:07] | These are your subpoenas to appear as witnesses. | 这是传你们出庭作证的传票 |
[21:10] | -If you refuse—And you think if you call us as witnesses | -如果你拒绝 -你认为如果你传我们出庭作证的话 |
[21:13] | we’ll testify that Judge Aldrich was guilty of blackmail? | 我们会作证说Aldrich有胁迫行为? |
[21:15] | I think if called as a witness, | 是的,我认为如果作为证人被传唤 |
[21:17] | you will give truthful testimony, yes, | 你们将提供真实的证词 |
[21:19] | and we all know what happened in that room. | 我们都知道当时那个房间里发生了什么 |
[21:22] | Ms. Frutt, I truly do admire your fortitude, | Frutt女士,我真的很佩服你的坚强 |
[21:24] | but if you have any notion | 但是如果你想一想 |
[21:26] | that we will compromise our client’s interests– | 那样会损害我的当事人的利益。。。 |
[21:27] | You wouldn’t be lawyers in this proceeding. | 在这次诉讼中,你们的身份不是律师 |
[21:30] | You’d be witnesses. | 你们是证人 |
[21:31] | You’re insane. | 你有病吧 |
[21:35] | Look, we’re not really here trying | 听着,我们在这里不是非要 |
[21:36] | to secure you as witnesses. | 让你们当证人 |
[21:38] | Why are you here? | 那你们要干嘛? |
[21:40] | If we’re successful at overturning Judge Aldrich, | 如果我们成功地推翻了Aldrich法官 |
[21:42] | that $72 million verdict could be reinstated. | 那7200万美金的判决就能会恢复生效 |
[21:45] | You have to be concerned about that. | 你们必须要关心这个问题 |
[21:47] | We’re not. | 我们才不呢 |
[21:48] | Do you really want to risk it? | 你们真的想担这个风险? |
[21:50] | The odds of that panel overturning Judge Aldrich | 这个反转的概率。。。 |
[21:52] | Do you want to risk it? $72 million. | 你想担这个风险吗?!7200万美金 |
[21:56] | Why don’t you get to the punch line? | 为什么你不直接把最关键的说出来? |
[22:00] | For $6 million, we’ll drop the complaint against Aldrich. | 如果是600万美金,我们就会放弃对Aldrich法官的投诉 |
[22:02] | Once again, I must ask, | 我必须再问一次 |
[22:04] | do you expect us to laugh? | 你想逗我们笑吗? |
[22:07] | You won’t be laughing if the 72 comes back. | 恢复72000万后,你就笑不出来了 |
[22:10] | I think we’ll run that risk. Anything else? | 我想我们会冒这个险的。还有别的事吗? |
[22:16] | The hearing is scheduled for tomorrow at 3:30. | 听证会是明天三点半 |
[22:18] | You have received your summons. | 你们已经收到传票了 |
[22:21] | Yes, and between now and then, we’ll be sure to go over our testimony. | 是的,从现在开始到那时,我们肯定会好好准备我们的证词的 |
[22:25] | You really are an ass, you know that? | 你真是个混蛋,你自己知道吗? |
[22:28] | Tell a friend. | 广而告之吧 |
[22:49] | He’s extremely erratic. He was going on and on | 他非常古怪。他不断地 |
[22:51] | about buying his way out of jail. | 说他要花钱消灾 |
[22:53] | -Is he talking about Fiji again? -No, but– | -他又说起斐济了? -那倒没有,但是。。。 |
[22:55] | I just got off with the clerk from the appellate court. | 我刚结交了巡回上诉法庭的书记员 |
[22:57] | They can hear you next Tuesday. | 他们下个周二可以听取你们的陈述 |
[22:58] | Schedule it. Can you have the brief ready? | 排进日程,你们能准备好案情摘要吗? |
[23:00] | -Yeah, it’ll be done. -What time’s the hearing? | -可以,快完成了 -听证会在什么时间? |
[23:02] | 3:30. | 三点半 |
[23:04] | I’m going to go see Aldrich now. | 我现在要去见Aldrich法官 |
[23:05] | What? Why? | 什么?为什么? |
[23:07] | I’m going to try the velvet glove first. | 我打算先试试内柔外刚这一招 |
[23:09] | You really think this guy’s going to listen to you | 你真的以为在你提出投诉他的动议后 |
[23:10] | after you filed a motion against him? | 这家伙还会听你说话吗? |
[23:16] | Docket number 3542– Commonwealth v. Jennifer Cole. | 案卷号3542。。。马萨诸塞州诉Jennifer Cole (美国有四个州因最初是英国殖民地,所以用不用State 而使用Commonwealth来自称,这四个州是宾夕法尼亚州、 麻萨诸塞州、弗吉尼亚州、肯塔基州。波士顿在麻萨诸塞州) |
[23:20] | Susan Alexander for the commonwealth, Your Honor. | Susan Alexander代表州检,法官大人 |
[23:23] | James Berluti for the defendant. | James Berluti 代表被告 |
[23:24] | Waive reading. We’re entering a plea of guilty | 放弃宣布指控,我们根据 |
[23:25] | pursuant to an agreement. | 控辩协议进行认罪 |
[23:27] | Let’s hear it. | 让我们听听协议内容 |
[23:29] | One year in the house of corrections, suspended. | 一年惩戒所服刑,缓期执行 |
[23:31] | One year probation, | 查看期一年 |
[23:33] | as long as she enters a detox center today. | 自她今日进入戒毒所 |
[23:34] | Upon release, she immediately goes to a halfway house, | 获释后,她立刻进入过渡教习所 |
[23:37] | then to a sober facility for the term of her probation. | 然后转入sober facility (为吸毒人员在康复治疗期后和重返社会之前提供服务的机构) |
[23:40] | Just a second. | 等一下 |
[23:41] | This is the same offense as yesterday? | 这和昨天的罪名一样? |
[23:43] | No, Your Honor. This has nothing to do with the search. | 不是,法官大人,这跟搜查的问题没有关系 |
[23:46] | The defendant was seen by witnesses ingesting cocaine. | 目击者看到被告吸食可卡因 |
[23:48] | The charge is distribution. | 可,指控的罪名是分发违禁品 |
[23:52] | She is in her eighth month of pregnancy. | 她怀孕八个月 |
[23:55] | She ingested cocaine, | 她吸食可卡因 |
[23:57] | distributing the drug to her unborn child. | 因而分发了毒品给她未出生的孩子 |
[23:58] | Come again? | 你再说一遍? |
[24:00] | The distribution was to her fetus. | 分发违禁品给她的胎儿 |
[24:05] | -What’s going on? -We’re fine. Don’t worry. | -出什么事了 -没事,别担心 |
[24:08] | -Mr. Berluti. -Yes, Your Honor. | -Berluti先生。 -法官大人 |
[24:11] | You have fully explained to your client | 你给你的当事人解释清楚 |
[24:13] | the nature of these charges? | 这项指控的性质了吗? |
[24:15] | Yes, Your Honor. Ms. Cole understands the charges against her. | 是的,法官大人,Cole女士理解这项针对她的指控 |
[24:17] | Do you? | 你自己理解吗? |
[24:21] | Ms. Cole. Did Mr. Berluti explain | Cole女士,对于一个怀有身孕的女人来说 |
[24:25] | that it is extremely unorthodox | 这是一项非同寻常的指控 |
[24:27] | for a pregnant woman to be charged with this crime? | 关于这一点,Berluti先生跟你解释过吗? |
[24:29] | Sorry? | 您说什么? |
[24:32] | What did your lawyer say about the case against you? | 关于这项指控,你的律师是怎么跟你说的? |
[24:37] | I don’t know. He said I should take the plea. | 我不知道,他跟我说应该接受认罪协议 |
[24:41] | -Did he say why? -Your Honor– | -他说为什么了吗? -法官大人 |
[24:43] | I am addressing the defendant. | 我在对被告讲话 |
[24:45] | Did he say why you should take the plea? | 他说过你为什么应该接受这个协议了吗? |
[24:48] | He said we probably wouldn’t win this. | 他说我们可能赢不了 |
[24:51] | Mr. Berluti, Ms. Alexander, chambers! | Berluti先生,Alexander女士,后庭商议 |
[24:57] | I have never seen this law enforced | 我从来没有见过这项法规 |
[25:00] | against pregnant women. | 被强行用于指控一名孕妇 |
[25:01] | That doesn’t mean it can’t be. | 那也不等于说就不能用 |
[25:03] | I’m not sure you’re right about that, | 我不确定你是不是正确的 |
[25:05] | but even if you are, I see no basis | 但即使你是正确的,我也没有看出来 |
[25:08] | for a defense attorney to surrender. | 被告律师认输的依据是什么 |
[25:10] | What did you two do? | 你们俩干了什么? |
[25:13] | decide on a punishment, | 先确定如何惩处 |
[25:14] | then flip through the general laws | 再匆匆翻阅一遍普通法 |
[25:17] | in search of a crime? | 找一个罪名安上? |
[25:18] | I don’t believe you have the right | 我不认为您有权 |
[25:20] | to change a plea agreement. | 改变一份控辩协议 |
[25:22] | I certainly have the right to reject one. | 我当然有权力拒绝这一份 |
[25:24] | On what grounds? | 依据何在? |
[25:26] | Due process, unethical behavior, | 依据是法定诉讼程序。 |
[25:28] | lack of legal basis, collusion. | 不道德行为、缺乏法律依据,共谋。。。 |
[25:31] | Take your pick. | 你来挑一个 |
[25:34] | What’s your role today, Mr. Berluti? | 你今天扮演的是什么角色?Berluti先生? |
[25:37] | Lawyer or mother? | 律师还是母亲? |
[25:39] | I advised my client. | 我给我的当事人提出建议 |
[25:42] | The fact that you may disagree with my advice | 你不同意我给出的建议, |
[25:44] | does not make me unethical. | 这并不能说我行为不道德 |
[25:46] | You took an oath to zealously represent | 你是发过誓要全心全意维护 |
[25:48] | your client’s legal interests, Counsel. | 你当事人的法律权益的,律师 |
[25:51] | Getting her into rehab doesn’t qualify. | 把她发配到康复中心,你做得并不合格 |
[25:56] | Did you inform her | 你告诉过她 |
[25:58] | that this case would likely not make? | 这个案子可能就不该立案吗? |
[26:00] | I told her I couldn’t be sure. | 我跟她说了我拿不准 |
[26:05] | Mr. Berluti, you might as well answer my question, | Berluti先生,你还是回答我的问题为好 |
[26:09] | because next I will be asking her. | 因为接下来我就要去问她 |
[26:11] | Did your client, when agreeing to this plea, | 当接受这份控辩协议时, |
[26:14] | fully appreciate that she would probably | 你的当事人是不是完全明白 |
[26:16] | not be convicted of the crime with which she was charged? | 她可能就不会因为这项指控而被定罪? |
[26:20] | My client is a crack head. | 我的当事人脑袋有毛病 |
[26:22] | She can’t even fully appreciate | 她甚至不能完全明白 |
[26:24] | that she’s killing her baby. | 她正在危害着她的胎儿 |
[26:32] | The plea is rejected. | 这份协议被拒绝了! |
[26:34] | I am reporting both of you to the state bar. Get out. | 我会向律师协会举报你们俩,滚出去吧 |
[26:38] | Ever see a cocaine baby, Your Honor? | 法官大人,你有没有见过可卡因婴儿? |
[26:42] | Mr. Berluti, you are an officer of the court… | Berluti现身,你是法庭人员。。。 |
[26:47] | who is one word away from contempt. | 那是一个不容玷污的称谓 |
[27:01] | We really don’t want to go after you. | 我们真不想跟您作对。 |
[27:03] | I’m touched by that. | 听到这个我倒是有点感动了 |
[27:05] | Your Honor, we have great respect | 法官大人,对于您个人和您的职位 |
[27:07] | for both you and your position, | 我们都非常尊重 |
[27:09] | but our feeling is you did cross a line here. | 但我们的感觉是您在这案子上越线了 |
[27:12] | Let me tell you something, Ms. Dole. | 让我来告诉你吧,Dole女士 |
[27:14] | I was at that trial every day. | 我每天都要主持庭审 |
[27:17] | There was no case. | 你那个案子根本就不成立 |
[27:19] | You people should be laughing to get 400,000. | 40万美金,你们应该很开心了 |
[27:23] | But that’s an evaluation of the merits, | 但这是根据实质案情进行估价的问题 |
[27:25] | which is the jury’s function. | 应该属于陪审团的职权 |
[27:26] | The jury blew it. | 陪审团把这事搞砸了 |
[27:30] | Okay, but to go from $72 million to 400– | 就算那样,但从7200万减到40万。。。 |
[27:35] | I mean, if I could prevail upon you | 我是说,如果我能说服您 |
[27:37] | to revise the knockdown number, | 修改一下这个低价 |
[27:39] | I could certainly prevail upon the client | 我也就可以说服我的当事人 |
[27:41] | to pull back on their complaint. | 收回对您的投诉 |
[27:42] | The client isn’t pushing this. | 当事人并没有推动这件事 |
[27:45] | Ellenor Frutt is the driving force here. | 是Ellenor Frutt在兴风作浪 |
[27:47] | Don’t you think I know that? | 你以为我不知道吗? |
[27:48] | Well, here’s something she should know. | 还有,有些事你要明白 |
[27:51] | I have life tenure. | 我是终身任职的 |
[27:53] | I will be here a long, long time | 我在这里还会有很长很长的时间 |
[27:55] | with a vivid memory, | 而且我记性很好 |
[27:57] | and you people will not intimidate me. | 你们这些人别想吓住我 |
[27:59] | We’re not looking to do that. | 我们不想那样做 |
[28:00] | Tell Ms. Frutt I’m issuing a gag order | 告诉Frutt女士,我要针对这个案子 |
[28:02] | in connection with this case. | 发出禁言令 |
[28:04] | If she says one word to the press, she’s in contempt. | 如果她对媒体敢说一个字,她就是在蔑视法庭 |
[28:07] | And if she snorts out | 而且如果她敢对别人哼哼出一声 |
[28:08] | a single negative utterance about me to anybody, | 有关我的负面言论 |
[28:10] | I will refer her to the federal disciplinary panel | 我就以因蔑视法官的违规行为 |
[28:13] | for violating the court rules of disparaging a judge. | 把她送交联邦纪律小组 |
[28:16] | If she wants a fight, she’s got one. | 如她想开战,那她可以如愿 |
[28:19] | You go tell her that, Ms. Dole. | 你去告诉她这些吧,Dole女士 |
[28:32] | Richard, did you have the Wallace file | Richard,是你把有关Wallace的文件 |
[28:34] | removed from my office? | 从我办公室里拿走了吗? |
[28:36] | They’re working on an appeal, Helen. | Helen,他们正在准备上诉 |
[28:37] | Certainly you don’t expect to be handling it. | 你一定不会想去处理这件事 |
[28:39] | Why didn’t you just ask for the file? | 你为什么不能找我要这些档案呢? |
[28:40] | I couldn’t presume your cooperation. | 我不确定你会合作的 |
[28:42] | For all I know, you might make copies of our work product | 我所知道的是,你没准儿会把我们的工作成果复制一份 |
[28:44] | and hand them to the defendant. | 交给被告方 |
[28:46] | Look, I think you know in your head | 听着,我想你自己心知肚明 |
[28:49] | what I did wasn’t personal, and what you’re doing now is. | 我没有把这当成个人恩怨,而你是 |
[28:53] | You act on your principles, Helen. | Helen,你按自己的原则行事 |
[28:55] | I’ll act on mine. | 而我按我的原则行事 |
[28:57] | My principle was justice, Richard. Yours is politics. | 我的原则是公平,但Richard,你的则是权术 |
[28:59] | Politics? | 权术? |
[29:01] | I know what’s going on, Richard. | 我知道怎么回事,Richard。 |
[29:03] | I still have ears. | 我还搞得清状况 |
[29:04] | Suddenly, I’m a pariah in the department, | 突然之间,我变成这个部门里的异类 |
[29:07] | and you’re choosing to distance yourself. | 而你选择回避我 |
[29:10] | That’s fine, but let’s not forget | 这没所谓,但是我们别忘了 |
[29:12] | your career was hanging by a thread a few months ago, | 几个月前,你的职业生涯危在旦夕之时 |
[29:14] | and I’m the one who stood with you and behind you. | 而我是那个和你站在一起并支持你的人 |
[29:17] | Now the idea that the association with me could be detrimental, | 而今你觉得和我接近是对你有害的 |
[29:20] | you run. | 你就躲开了 |
[29:22] | You’re a hypocrite and a coward. | 你是个伪君子和懦夫 |
[29:24] | Please do take that personally. | 这就是针对你的 |
[29:34] | So you lied to me? | 那么你骗我了? |
[29:36] | I didn’t lie, but– | 我没有骗你,但是。。。 |
[29:38] | I stand a good chance of getting this case dismissed. | 我有很大的机会能得到撤案 |
[29:40] | Yes. | 是的 |
[29:42] | You lied to me. | 你欺骗了我 |
[29:43] | Jennifer… Jennifer。。。 | |
[29:45] | I’m just trying to keep you safe | 我就是尽力要保证你的安全 |
[29:48] | until the baby is born. | 直到孩子降生 |
[29:50] | You’re still using, for God’s sake. | 看在上帝份儿上,你还在吸毒 |
[29:52] | So what happens now? | 那么现在怎么办? |
[29:54] | We go back in before Judge Spindle this afternoon. | 我们下午再去见Spindle法官 |
[29:56] | She might bind you over for trial. | 她也许让你受审 |
[29:58] | She might kick the case, | 也许会撤销案子 |
[29:59] | depending on how convincing the D. A. is. | 这取决于检察官的陈述是否令人信服 |
[30:01] | I want another lawyer. | 我要换个律师 |
[30:03] | If you want me to beat it, I’ll try– | 如果你想让我去辩护,我会尽力。。。 |
[30:05] | I want another lawyer. Can I get a public defender? | 我想换个律师,我可以有公设律师吗? |
[30:07] | -I’m sure you could– -Then that’s what I want. You’re fired, Jimmy. | -你当然可以。。。 -那我就要那样,你被炒了,Jimmy。 |
[30:11] | -Please leave. -Jennifer. -Jennifer | -请走吧。 |
[30:13] | You’re fired. | 你被炒了 |
[30:18] | You’re going to wind up dead | 你会自寻死路的 |
[30:20] | or killing your baby. | 或者害了你孩子 |
[30:26] | Guard! | 警卫! |
[30:51] | And he said if we opted for a new trial, | 他说如果我们选择重审 |
[30:53] | he would probably remit the next award to 75,000. | 他可能会把赔偿额减少到75000美金 |
[30:58] | He was clearly threatening to punish us | 如果我们行使我们的合法权利 |
[31:00] | if we exercised our legal rights. | 他显然是威胁要惩罚我们 |
[31:03] | Ms. Frutt, judges try to steer lawyers all the time. | Frutt女士,法官们总会试图引导律师的 |
[31:06] | This was much more than steering. | 这可完全不是引导 |
[31:09] | It was a threat. | 这是威胁 |
[31:11] | May I respond to that? | 我能做些回应吗? |
[31:13] | Please do. | 请说 |
[31:14] | If I was guilty of poor judgment, | 如果我的判断力很差 |
[31:17] | it was in allowing any award. | 对任何赔偿裁定都会认可的 |
[31:19] | For me, 72 was too high, | 在我看来,7200万太离谱了 |
[31:22] | but when you’re sitting in front of sympathetic parents | 但是当你面对着备受漫长的庭审折磨 |
[31:25] | who’ve gone through the ordeal of a long trial, | 令人同情的家长们 |
[31:28] | in the wake of a jury verdict, | 陪审团裁决之后 |
[31:30] | I didn’t want them to walk away empty-handed. | 我不想让他们空着手离开 |
[31:32] | That’s why I gave them the 135. | 这就是为什么我给他们定了135000美金 |
[31:36] | I let Ms. Frutt know she shouldn’t bank | 我让Frutt明白她不能 |
[31:38] | on my continued sense of charity. | 指望我对慈善的执念 |
[31:41] | You chipped a $72 million award | 你把赔偿裁决从7200万 |
[31:44] | down to $400,000 out of a sense of charity? | 砍到40万,是出于慈善的执念? |
[31:48] | I allowed you to keep the 400 | 我允许了你从一个毫无道理的索赔中 |
[31:50] | on a claim that was really worth nothing. | 得到了40万美金。 |
[31:55] | We’ve certainly allowed murder charges to stand | 对于那些会导致 |
[31:57] | against people who cause | 可存活的胎儿死亡的人 |
[31:59] | the death of unborn viable fetuses. | 我们当然要允许对他们提起谋杀指控 |
[32:01] | But those are third parties, not the mother. | 但那是针对于第三方而不是母亲来说的 |
[32:03] | Moreover, for drug distribution, | 此外,关于分发毒品 |
[32:05] | you have to establish a specific intent, | 必须要具有明确的意图 |
[32:07] | and there’s been no showing of that. | 而本案并没有体现出这一点 |
[32:09] | Specific intent can be inferred. | 可以推断出具有明确的意图 |
[32:11] | Are you suggesting she intended | 你是说她故意 |
[32:12] | to poison the fetus with cocaine? | 要毒死她的胎儿? |
[32:14] | All I’m suggesting is that if you commit an act | 我说的是,如果你做了一件事 |
[32:15] | that causes a result that is not only foreseeable, | 会导致一个不仅是可预见的 |
[32:18] | but, in fact, unavoidable, intent can be inferred. | 而且实际上是不可避免的结果的话,那么就可以推断出是具有意图的 |
[32:20] | I’m sorry, Ms. Alexander, but I have to consider | 抱歉,Alexander女士,我必须要考虑 |
[32:23] | the legislative intent, and there is no evidence | 合乎法理的意图,而且没有证据表明, |
[32:26] | that the drug distribution laws were ever meant | 毒品流通管制法曾经适用于 |
[32:29] | to apply to pregnant mothers under this fact pattern. | 这种事实模式下的孕期母亲。 |
[32:31] | There’s no evidence to disprove the legislative– | 也没有证据反去反驳合乎法理的。。。 |
[32:34] | Ambiguity cuts in favor of the defendant. | 解释的模糊性是有利于被告的 |
[32:36] | All I’m asking is that you bind her over. | 我所要求的就是要把她管制起来 |
[32:38] | Let’s just hold her– | 我们只是要控制她。。。 |
[32:39] | I can’t do that. | 我不能那样做 |
[32:42] | In the alternative, I’d like to continue this matter. | 作为替代方案,我打算维持本案 |
[32:44] | Allow me to do further research. | 请允许我对此做进一步的研究 |
[32:46] | Denied. The charges against Ms. Cole | 拒绝提议,针对Cole女士的指控 |
[32:47] | are dismissed. | 被驳回。 |
[32:49] | This time, I am doing so with prejudice. | 这一次驳回,不允许再次提出指控 |
[32:52] | The defendant is free to go. | 被告当庭开释 |
[32:54] | We are adjourned. | 休庭 |
[33:00] | Thanks. Thanks a lot. | 谢谢,太谢谢了 |
[33:08] | -Let’s go. -Go where? | -我们走吧 -去哪儿? |
[33:10] | Rehab. Everything’s set up. | 康复中心,一切都安排好了 |
[33:12] | I’m not going anywhere with you, Jimmy. | 我哪儿也不跟你去,Jimmy |
[33:15] | Jennifer, you have a problem. | Jennifer,你有麻烦 |
[33:17] | Whatever my problems are, | 不管我有什么麻烦 |
[33:18] | I’m not about to come to you with them. | 我也不会找你解决 |
[33:20] | Bye. | 再见 |
[33:27] | You people hardly have | Frutt女士,你们那一帮人 |
[33:29] | an unblemished track record, Ms. Frutt. | 鲜有无不良记录的 |
[33:31] | In fact, I might go so far as to say | 实际上,我甚至可以这么说 |
[33:33] | you have a penchant for deceit. | 你欺诈成性 |
[33:35] | Whatever you may think of our penchants, | 无论你认为我们嗜好是什么 |
[33:38] | we have always played by the rules. | 我们毕竟一直按规则行事 |
[33:40] | He didn’t. It was cowboy justice. | 他那么做,就是一个牛仔风格的法官 |
[33:44] | I have to say, as I see the facts, | 我不得不说,如我看到的事实 |
[33:46] | most judges wouldn’t have let this | 大多数法官也不会 |
[33:48] | even go to trial. | 让这个案子开庭审理 |
[33:49] | Your Honor, we were in that room. | 法官大人,我们在法官办公室 |
[33:51] | We heard what he said | 我们听到他说了什么 |
[33:53] | and the tenor of how he said it. | 以及他说话的方式 |
[33:55] | It was blackmail. | 就是胁迫 |
[33:57] | He took away our seventh amendment right | 他剥夺了第七修正案权利赋予 |
[33:59] | to a jury trial, and then he threatened us | 我们得到陪审团审理的权力 |
[34:01] | if we dared appeal. | 然后他威胁我们,如果我们胆敢上诉的话 |
[34:03] | That’s not the way it’s supposed to work. | 这不是应有的运作程序 |
[34:05] | I know Judge Aldrich. | 我了解Aldrich法官 |
[34:07] | I’ve known him for 20 years. | 我认识他20年了 |
[34:09] | I’d sooner take his word | 我更倾向于相信他所说的 |
[34:11] | than that of a few criminal defense attorneys | 而不是几个兼职做赔偿官司赚取抽成的 |
[34:14] | who moonlight with contingent-fee cases. | 刑事辩护律师所说的话 |
[34:16] | I object to that. | 我对此提出反对 |
[34:18] | Do you have anything else, Counsel? | 还有别的事吗?律师? |
[34:32] | Yes, Your Honor, | 有,法官大人 |
[34:34] | I’d like to call Mitchell Kravitz. | 我要传唤Mitchell Kravitz作证 |
[34:38] | What are you doing? | 你这是干什么? |
[34:39] | I have no idea. | 我也不知道 |
[34:41] | Mr. Kravitz, | Kravitz先生 |
[34:43] | please come forward and be sworn in. | 请上前并宣誓 |
[34:50] | Please raise your right hand. | 请举起右手 |
[34:53] | Do you swear to tell the truth, the whole truth, and nothing but the truth, | 你发誓所述之言纯属实言、毫无隐瞒且绝无例外? |
[34:58] | so help you God? | 上帝保佑 |
[34:59] | -I do. -What are you going to ask him? | -我发誓 -你打算问他些什么? |
[35:00] | I don’t know. | 我也不知道 |
[35:02] | You ask him something. | 要不你去盘问他吧 |
[35:04] | Okay, Ms. Frutt, you may question Mr. Kravitz. | Frutt女士,你可以向Kravitz先生进行询问了 |
[35:09] | Sir, you were in Judge Aldrich’s chambers | 先生,你作为环保署的辩护律师 |
[35:13] | the day in question | 在本案所谈及的那天 |
[35:14] | for the transaction in question | 就本案所讨论的相关交易问题 |
[35:16] | in your capacity as defense counsel | 进入了Aldrich法官的议事内庭, |
[35:18] | for the environmental protection agency, true? | 这是事实吗? |
[35:21] | True. | 是的 |
[35:23] | You’ve been sitting here | 你一直坐在这里 |
[35:24] | listening to my version of what happened | 听到了我对于当时情况的说法 |
[35:27] | and to the one offered by Judge Aldrich. | 也听到了Aldrich对此的说法 |
[35:29] | Do you have an opinion as to which version | 对于哪一个说法更为准确 |
[35:32] | is more accurate? | 你的看法是? |
[35:34] | Given that I participated in this transaction | 鉴于我作为一个律师 |
[35:37] | as an attorney, | 参与了这次交易 |
[35:39] | I don’t feel it’s appropriate for me | 所以我认为我并不适于 |
[35:41] | to also bear witness on the events. | 在这件事上作为见证人 |
[35:42] | We have had a judge bearing witness, sir. | 先生,我们这里有一位法官都作为见证人了 |
[35:45] | It’s okay if you do so, as well. | 你如果作为见证人也是合适的 |
[35:48] | Your Honor, I represent clients. | 法官大人,我代表我的当事人 |
[35:49] | I have a duty to those clients– | 我要对那些当事人负责。。。 |
[35:52] | This is a hearing about the conduct | 这是有关对法庭人员 |
[35:54] | of the officers of the court. | 行为的听证会 |
[35:56] | It does not concern the interests of clients. | 与你当事人的利益无关 |
[35:58] | Certainly, if it affects the interests of clients, | 如果这会影响到我当事人的利益 |
[36:00] | I can’t be compelled to testify. | 我当然不能被迫作证 |
[36:03] | I want to know what went on in that room, sir. | 先生,我想知道那个房间里发生了什么事 |
[36:05] | You heard Judge Aldrich a short time ago. | 你听到了Aldrich法官刚才说的 |
[36:08] | We have all been listening ad nauseam to Ms. Frutt. | 我们也都听到了Frutt女士那些令人作呕的话 |
[36:12] | Whose testimony today more accurately reflects | 谁的证词更准确地反映了 |
[36:15] | what went on in that room? | 在那间议事室里所发生的事? |
[36:21] | The court has asked you a question, Mr. Kravitz. | Kravitz先生,法庭问了你一个问题 |
[36:26] | I believe the truth lies somewhere in the middle. | 我相信真相就是介于这两者之间 |
[36:29] | On whose side of the middle does the truth lie? | 更靠近那一边? |
[36:46] | Ms. Frutt. | Frutt女士那边 |
[36:48] | Oh, my God. | 天哪 |
[36:52] | You believe Judge Aldrich was guilty | 你认为Aldrich法官 |
[36:56] | of judicial misconduct? | 有司法不当的行为吗? |
[36:59] | I asked you a question, Counsel. | 我向你提了一个问题,律师 |
[37:02] | Do you believe Judge Aldrich was guilty | 你认为Aldrich法官 |
[37:04] | of judicial misconduct? | 有司法不当的行为吗? |
[37:06] | I think he conducted a fair trial… | 我认为他进行了公正的审判。。。 |
[37:12] | but what happened in his chambers | 但是在陪审团的裁决之后, |
[37:15] | after the verdict– | 在他的内庭。。。 |
[37:17] | While it wasn’t blatant blackmail, | 虽然不算公然的敲诈 |
[37:21] | it was definitely… coercion. | 但,那绝对是。。。强迫 |
[37:25] | May I respond to that? | 我可以对此回应吗? |
[37:28] | Go ahead. | 说吧 |
[37:29] | I strongly disagree | 我强烈反对 |
[37:32] | with Mr. Kravitz’s characterization. | Kravitz先生的描述 |
[37:34] | Let’s remember, he was in the throes | 我们要记住,他当时因被判罚7200万美金 |
[37:36] | of being smacked with a $72 million judgment. | 而陷入痛苦和挣扎之中 |
[37:39] | His career was probably flashing before his eyes. | 他的职业生涯可能就此烟消云散 |
[37:43] | I resent that. | 我对此感到怨恨 |
[37:45] | I have the floor now, Counsel. | 现在是我在发言,律师 |
[37:47] | His powers of observation may have been on tilt. | 他的观察力可能已经失衡 |
[37:51] | But surely not biased, | 但肯定谈不上偏驳 |
[37:53] | not against a judge ruling in his favor. | 不会反对法官做出的对他有利的裁决 |
[37:55] | Let me say, also, | 让我来说吧,此外 |
[37:57] | a judge, every single day, exercises some coercion. | 一个法官,每天都会做一些施压的事情 |
[38:02] | Our dockets are jammed beyond repair | 我们的诉讼卷宗被那些没有实质案情的声索 |
[38:05] | with claims that have no real merit. | 塞满到无法运作了 |
[38:06] | This was one such claim. | 这个案子就是其中之一 |
[38:08] | We push, steer, | 我们推进,引导 |
[38:11] | bend, influence, and, yes, coerce. | 调整,影响。。。还有,没错,就是强迫 |
[38:14] | We do it every day. | 我们每天都在做这些 |
[38:16] | If we didn’t, God help the mess, | 如果我们不这样做,上帝保佑,这会一团糟的 |
[38:18] | not to mention the injustice. | 更别提什么公正了 |
[38:20] | The line is a gray one. | 这是一条灰色的线 |
[38:23] | I submit to you I did not cross it here. | 我向你保证,这件事上我没有越线 |
[38:26] | The facts underlying this case | 本案的基本事实 |
[38:29] | did not justify a $72 million verdict. | 不支持7200万美金的赔偿裁决 |
[38:33] | I was there at the trial. I heard the evidence. | 我主持了庭审,我听取了证据 |
[38:36] | This panel did not. | 而这个巡回法庭没有 |
[38:39] | There was no abuse of my discretion. | 这不存在我对自决权力的滥用 |
[38:42] | The knockdown number was fair. | 这个压价裁决是合理的 |
[39:13] | The knockdown number is knocked out. | 压价裁决被取消 |
[39:16] | The award of $72 million is reinstated. | 恢复7200万美元的赔偿裁决 |
[39:20] | Defense is free to bring a new motion to remit | 一旦案件被重新分配 |
[39:22] | once the case has been reassigned. | 被告可以提请新的动议 |
[39:24] | We are adjourned. | 休庭 |
[39:33] | I thought I’d seen everything. | 我想我不是做梦吧 |
[39:35] | Me too. | 我也是 |
[39:42] | I’m afraid to celebrate. | 恐怕我们还不能庆祝 |
[39:45] | Very wise. | 很理智 |
[39:46] | The 72 will still get chopped down. | 7200万美金还是会砍低的 |
[39:48] | We’re going to do some research | 我们做一些研究 |
[39:50] | and come up with a number to try and settle. | 得出一个能解决问题的数额 |
[39:52] | Okay. | 好的 |
[39:54] | Wow. | |
[39:58] | Yeah. | |
[40:16] | Josh. Josh。 | |
[40:19] | Jimmy. Jimmy。 | |
[40:22] | I shouldn’t be talking to you– Doctor/patient. | 我本不应和你谈的,因为医患保密协议 |
[40:25] | Yeah. Yeah. | 嗯,我知道 |
[40:27] | Partial placental abruption. | 部分胎盘提前剥落 |
[40:29] | Placental lining started to come loose | 胎盘内膜从子宫壁上 |
[40:31] | from the uterine wall. | 开始松脱 |
[40:32] | Coke? | 因为可卡因吗? |
[40:34] | She started bleeding, | 她开始流血 |
[40:35] | had enough sense to call E. M. S., | 但还有意识叫了救援医疗服务 |
[40:37] | went into shock. | 然后休克 |
[40:39] | The baby? | 胎儿呢? |
[40:40] | We delivered– | 我们接生了。。。 |
[40:41] | Little girl, 3 1/2 pounds. | 小女婴,3.5磅 |
[40:44] | She all right? | 她没事吧? |
[40:46] | It’s too early to tell. | 现在下结论还早 |
[40:48] | She lost oxygen because of the abruption. | 她因胎盘早剥而导致缺氧 |
[40:50] | We’re going to do a cranial ultrasound, | 我们将要做头颅超声波 |
[40:52] | check for a stroke, | 检查是否有中风 |
[40:53] | and there was cocaine in her body, | 她的体内有可卡因 |
[40:55] | some agitation, maybe withdrawal. | 有些许亢奋,也许可以控制 |
[40:59] | We had to notify social services. | 我们必须要通知社会服务机构 |
[41:35] | I’m sorry, Jimmy. | 对不起,Jimmy。 |
[41:38] | You just rest. | 你只要好好休息 |
[41:42] | They won’t let me see her? | 他们不让我看她? |
[41:45] | Later. | 稍后可以 |
[41:53] | Is she okay? | 她没事吧? |
[41:56] | We don’t know yet. The doctors are hoping. | 我们还不确定,医生希望如此 |
[42:05] | They’re going to take her away from me, | 他们会把她带走的 |
[42:08] | won’t they? | 不会吗? |
[42:14] | It’s too soon to know anything, Jennifer. | 很快就都知道了,Jennifer |
[42:18] | Just try to get some rest. | 就是要尽量休息一些 |
[42:22] | Don’t let them take her away, okay? | 不要让他们把她带走,好吗? |
[42:35] | Okay. | 好的 |