1 00:00:06,093 --> 00:00:08,486 I really appreciate you seeing me. 2 00:00:08,486 --> 00:00:09,574 [annoyed growl] 3 00:00:09,574 --> 00:00:11,489 Kim.Tommy. 4 00:00:11,489 --> 00:00:13,274 My dear, dear Kim. 5 00:00:13,274 --> 00:00:14,579 Okay. I'’ve got a sympathetic client. 6 00:00:14,579 --> 00:00:16,755 Many, in fact, see her as a hero. 7 00:00:16,755 --> 00:00:18,583 I'’ve got a compassionate D.A. 8 00:00:18,583 --> 00:00:20,716 who I would call one of my heroes. 9 00:00:20,716 --> 00:00:21,804 At least sexually. 10 00:00:23,240 --> 00:00:25,416 I think we can work something out 11 00:00:25,416 --> 00:00:26,678 that reflects both the heroic quality 12 00:00:26,678 --> 00:00:27,984 of my sympathetic client, 13 00:00:27,984 --> 00:00:29,768 and the compassion that runneth so deeply 14 00:00:29,768 --> 00:00:31,292 within the bowels of the D.A. 15 00:00:32,380 --> 00:00:33,772 20 years. 16 00:00:33,772 --> 00:00:36,558 Perhaps something that runneth a little deeper. 17 00:00:37,863 --> 00:00:38,951 Kim... 18 00:00:38,951 --> 00:00:40,692 20 years. 19 00:00:40,692 --> 00:00:42,651 For God'’s sake, this is a woman trying to feed her kids. 20 00:00:42,651 --> 00:00:44,261 Single mother desperate to provide for her family. 21 00:00:44,261 --> 00:00:46,350 Can you not see that? 22 00:00:46,350 --> 00:00:49,484 Yeah, I'’m not sure what the picture of sympathy looks like. 23 00:00:51,399 --> 00:00:54,358 But I do know a bank robber when I see one. 24 00:00:54,358 --> 00:00:56,317 [sighs] 25 00:00:56,317 --> 00:00:57,318 Five years. 26 00:00:57,318 --> 00:00:58,275 Better. Twenty. 27 00:00:58,275 --> 00:00:59,624 No record, no priors, 28 00:00:59,624 --> 00:01:01,104 no previous criminal offense. 29 00:01:01,104 --> 00:01:03,498 Good point. Times three. Twenty. 30 00:01:03,498 --> 00:01:05,456 And who takes care of her kids-- have you thought about that? 31 00:01:05,456 --> 00:01:07,415 Why don'’t you ask whoever she had in mind to look after them 32 00:01:07,415 --> 00:01:08,546 for five years, 33 00:01:08,546 --> 00:01:10,157 and then see if they can extend it 34 00:01:10,157 --> 00:01:11,114 for an additional 15. 35 00:01:12,681 --> 00:01:14,465 [sighs] 36 00:01:17,338 --> 00:01:18,600 Final offer. 37 00:01:22,517 --> 00:01:24,606 Okay, it'’s think tank time. 38 00:01:24,606 --> 00:01:26,216 I need everyone in the conference room ASAP. 39 00:01:26,216 --> 00:01:27,739 Whoa!Harry, I have a crisis. 40 00:01:27,739 --> 00:01:29,654 Kim Mendelsohn won'’t budge on my bank robbery. 41 00:01:29,654 --> 00:01:31,352 Not even by a little. 42 00:01:31,352 --> 00:01:33,354 I need to come up with something creative and I need it fast. 43 00:01:33,354 --> 00:01:35,921 You-- smart one-- give me something. 44 00:01:35,921 --> 00:01:37,445 ADAM: What about necessity? 45 00:01:37,445 --> 00:01:38,576 OLLIE: That would apply if she had no other choice, 46 00:01:38,576 --> 00:01:39,969 but holding up a bank, I doubt it. 47 00:01:39,969 --> 00:01:41,188 ADAM: Self-help? 48 00:01:41,188 --> 00:01:42,406 OLLIE: Works for civil, not criminal. 49 00:01:42,406 --> 00:01:43,799 ADAM: Jury null?Smart one, come on. 50 00:01:43,799 --> 00:01:44,756 What do you got?Well... 51 00:01:44,756 --> 00:01:45,844 I like it. 52 00:01:45,844 --> 00:01:47,107 You said that she lost 53 00:01:47,107 --> 00:01:48,499 all of her money in the mortgage crisis. 54 00:01:48,499 --> 00:01:49,848 She did, yeah. Keep going. What? 55 00:01:49,848 --> 00:01:51,198 There'’s a theory-- it'’s out there, 56 00:01:51,198 --> 00:01:52,373 but it'’s used in drug cases. 57 00:01:52,373 --> 00:01:53,417 Perfect! We'’ll go with that one. 58 00:01:53,417 --> 00:01:54,940 I haven'’t told you what it is. 59 00:01:54,940 --> 00:01:56,899 Doesn'’t matter, I got nothing else-- what is it? 60 00:01:56,899 --> 00:01:58,161 It'’s called-- don'’t laugh-- 61 00:01:58,161 --> 00:02:01,469 Outrageous Government Conduct Defense. 62 00:02:01,469 --> 00:02:03,079 Come again? 63 00:02:03,079 --> 00:02:04,341 Basically, you argue that the government'’s conduct 64 00:02:04,341 --> 00:02:05,473 is so outrageous that it violates 65 00:02:05,473 --> 00:02:06,778 fundamental principles of fairness 66 00:02:06,778 --> 00:02:08,215 to prosecute the defendant. 67 00:02:08,215 --> 00:02:10,695 This is real.It'’s an affirmative defense. 68 00:02:10,695 --> 00:02:12,741 You have to plead it, but yes, it'’s real. 69 00:02:12,741 --> 00:02:14,569 It'’s used in drug cases. 70 00:02:14,569 --> 00:02:15,570 Usually, police stings that have gone awry. 71 00:02:15,570 --> 00:02:17,006 Outrageous Government Conduct. 72 00:02:17,006 --> 00:02:18,399 You could argue that the government 73 00:02:18,399 --> 00:02:20,009 played a role in the whole mortgage meltdown, 74 00:02:20,009 --> 00:02:21,663 which lead to your client'’s desperation, which lead-- 75 00:02:21,663 --> 00:02:23,360 Can I borrow her? Please? 76 00:02:23,360 --> 00:02:24,318 [elevator bell dings] 77 00:02:26,058 --> 00:02:28,583 Okay, Adam, we'’re up. 78 00:02:29,627 --> 00:02:31,760 We can go right in my office. 79 00:02:31,760 --> 00:02:34,632 The school refuses to offer a dime. 80 00:02:34,632 --> 00:02:38,636 Or an apology. 81 00:02:38,636 --> 00:02:40,638 They'’re afraid any acknowledgement of guilt 82 00:02:40,638 --> 00:02:42,727 will expose them to too much liability. 83 00:02:42,727 --> 00:02:44,512 So we keep going, then. 84 00:02:44,512 --> 00:02:46,427 Susan... 85 00:02:46,427 --> 00:02:48,429 you'’re not gonna be successful suing a high school 86 00:02:48,429 --> 00:02:50,257 for having a football program. 87 00:02:50,257 --> 00:02:52,476 Why did you take our case, if you... 88 00:02:52,476 --> 00:02:57,133 I took the case because what you seemed to be after 89 00:02:57,133 --> 00:02:58,787 was some accountability by the high school, which, 90 00:02:58,787 --> 00:03:02,878 frankly, I thought I could get, but it seems I cannot. 91 00:03:02,878 --> 00:03:06,751 Well, we'’d rather try this case and lose than just walk away. 92 00:03:06,751 --> 00:03:08,579 We could at least help put the word out. 93 00:03:08,579 --> 00:03:11,495 Odds are, it won'’t make it to trial. 94 00:03:11,495 --> 00:03:13,845 After Susan'’s deposition, they'’ll most likely move 95 00:03:13,845 --> 00:03:16,239 for some rejudgment, which basically means 96 00:03:16,239 --> 00:03:19,111 they want the judge to toss it before it even gets to a jury. 97 00:03:19,111 --> 00:03:22,114 My biggest concern is that the deposition 98 00:03:22,114 --> 00:03:25,683 could dredge up a lot of pain that... 99 00:03:25,683 --> 00:03:28,120 Our son is dead. 100 00:03:28,120 --> 00:03:30,775 There is no pain we don'’t already know. 101 00:03:30,775 --> 00:03:32,647 We want to keep going. 102 00:03:45,225 --> 00:03:47,227 WOMAN: This is her when she first stepped up 103 00:03:47,227 --> 00:03:49,881 and you can see, right there, she'’s passing me a note. 104 00:03:49,881 --> 00:03:51,709 And do you remember what the note said? 105 00:03:51,709 --> 00:03:53,276 That this was a robbery. 106 00:03:53,276 --> 00:03:55,060 That she was armed. 107 00:03:55,060 --> 00:03:56,758 And that I should empty my drawer, 108 00:03:56,758 --> 00:03:58,281 and give her all the cash inside. 109 00:03:58,281 --> 00:03:59,717 And what did you do? 110 00:03:59,717 --> 00:04:02,938 Well, I didn'’t take her seriously at first. 111 00:04:02,938 --> 00:04:04,940 I recognized this woman. 112 00:04:04,940 --> 00:04:07,595 She had been in the bank before, and she was a regular customer. 113 00:04:07,595 --> 00:04:11,120 And she wasn'’t wearing a mask, or... 114 00:04:11,120 --> 00:04:13,644 I thought this must be some kind of joke and then 115 00:04:13,644 --> 00:04:15,472 it got very unfunny. 116 00:04:19,520 --> 00:04:23,001 I think we all recognize what this is, 117 00:04:23,001 --> 00:04:24,307 but would you please tell us. 118 00:04:24,307 --> 00:04:25,395 It'’s a revolver. 119 00:04:25,395 --> 00:04:27,005 And did she say anything 120 00:04:27,005 --> 00:04:28,485 as she pointed it at you? 121 00:04:28,485 --> 00:04:29,965 Again, that the gun was loaded, 122 00:04:29,965 --> 00:04:31,836 and that she was prepared to use it 123 00:04:31,836 --> 00:04:33,664 if I failed to cede to her demands. 124 00:04:33,664 --> 00:04:36,363 And then?I gave her all the money in the drawer, and she left. 125 00:04:36,363 --> 00:04:37,712 And do you see the woman who robbed you 126 00:04:37,712 --> 00:04:38,843 in the courtroom today? 127 00:04:38,843 --> 00:04:40,454 It'’s the defendant. 128 00:04:40,454 --> 00:04:41,803 Are you sure? 129 00:04:41,803 --> 00:04:43,239 No doubt. 130 00:04:43,239 --> 00:04:44,893 Thank you. 131 00:04:48,113 --> 00:04:49,637 You said you recognized my client? 132 00:04:49,637 --> 00:04:51,856 Yes. She was a regular customer. 133 00:04:51,856 --> 00:04:54,119 In fact, two years ago, she was in that bank 134 00:04:54,119 --> 00:04:55,425 almost every day, was she not? 135 00:04:55,425 --> 00:04:57,340 We saw her a lot. Yes. 136 00:04:57,340 --> 00:04:59,037 Meeting with managers 137 00:04:59,037 --> 00:05:00,691 and loan officers and so forth. 138 00:05:00,691 --> 00:05:02,127 And do you know what those meetings were about? 139 00:05:02,127 --> 00:05:04,347 I understood that that the bank was 140 00:05:04,347 --> 00:05:06,523 foreclosing on her home and she was trying to work something out. 141 00:05:06,523 --> 00:05:08,612 And did she work something out, to your knowledge? 142 00:05:08,612 --> 00:05:09,613 To my knowledge, no. 143 00:05:09,613 --> 00:05:11,136 The bank foreclosed?Yes. 144 00:05:11,136 --> 00:05:12,268 Took her home. 145 00:05:12,268 --> 00:05:13,791 Yes. 146 00:05:13,791 --> 00:05:15,271 And during this incident, you said 147 00:05:15,271 --> 00:05:16,490 she didn'’t wear a mask. 148 00:05:16,490 --> 00:05:17,491 Well, we could all see 149 00:05:17,491 --> 00:05:18,709 she didn'’t wear a mask. 150 00:05:18,709 --> 00:05:20,189 You could see her face, plain as day. 151 00:05:20,189 --> 00:05:21,799 It seemed as if she didn'’t even intend 152 00:05:21,799 --> 00:05:22,887 to get away with this, did she? 153 00:05:22,887 --> 00:05:25,542 She got away with almost $60,000. 154 00:05:25,542 --> 00:05:26,891 But it seemed like she was almost more intent 155 00:05:26,891 --> 00:05:29,459 on making a point than stealing. 156 00:05:29,459 --> 00:05:30,504 Objection! 157 00:05:30,504 --> 00:05:31,766 The witness has no foundation 158 00:05:31,766 --> 00:05:33,550 as to the defendant'’s state of mind. 159 00:05:33,550 --> 00:05:34,551 Sustained. 160 00:05:34,551 --> 00:05:36,074 Ms. Russert, 161 00:05:36,074 --> 00:05:37,902 as you handed this money over to my client, 162 00:05:37,902 --> 00:05:39,077 you said something, didn'’t you? 163 00:05:39,077 --> 00:05:41,253 Well, I was a little in shock. 164 00:05:41,253 --> 00:05:43,430 What did you say? Do you remember what you said? 165 00:05:43,430 --> 00:05:47,042 Well, I might'’ve whispered something like, um... 166 00:05:47,042 --> 00:05:49,914 "Good for you." 167 00:05:54,789 --> 00:05:56,921 Adam, you got a call from Dr. Ira Gold, 168 00:05:56,921 --> 00:05:58,793 from Boston University.Really. 169 00:05:58,793 --> 00:05:59,794 He left some times 170 00:05:59,794 --> 00:06:00,708 for you to call back. 171 00:06:02,710 --> 00:06:04,842 Good. Thanks. 172 00:06:04,842 --> 00:06:06,191 You getting settled okay? 173 00:06:06,191 --> 00:06:07,628 All good. 174 00:06:10,021 --> 00:06:12,720 SUSAN: That'’s my son-- the quarterback. 175 00:06:12,720 --> 00:06:14,243 He'’s about to take the snap. 176 00:06:14,243 --> 00:06:18,029 He goes back to pass, there'’s a blitz and... 177 00:06:18,029 --> 00:06:19,770 he'’s tackled. 178 00:06:19,770 --> 00:06:21,381 You can see he'’s slow to get up. 179 00:06:21,381 --> 00:06:22,817 He looks unsteady, even. 180 00:06:27,430 --> 00:06:28,736 But he did get up? 181 00:06:28,736 --> 00:06:30,041 Yes. 182 00:06:30,041 --> 00:06:32,000 And was he able to walk to the sideline? 183 00:06:32,000 --> 00:06:33,480 Yes. 184 00:06:33,480 --> 00:06:35,133 But, five minutes later, he fell unconscious. 185 00:06:35,133 --> 00:06:40,269 He was taken to a hospital, where he died. 186 00:06:40,269 --> 00:06:45,230 Mrs. Duggin, again, I am very, very sorry. 187 00:06:45,230 --> 00:06:47,711 Once your son was injured here, 188 00:06:47,711 --> 00:06:50,279 did the coach and school 189 00:06:50,279 --> 00:06:52,150 respond appropriately? 190 00:06:52,150 --> 00:06:54,239 Did they respond appropriately? 191 00:06:54,239 --> 00:06:56,198 I guess what I'’m asking is, 192 00:06:56,198 --> 00:06:57,808 once it was clear he was hurt, 193 00:06:57,808 --> 00:06:59,593 they took him out of the game, 194 00:06:59,593 --> 00:07:01,551 and acted responsibly. 195 00:07:01,551 --> 00:07:04,511 My feeling is that it'’s irresponsible of them 196 00:07:04,511 --> 00:07:06,687 to have a football program. 197 00:07:06,687 --> 00:07:10,517 He was never directed to continue playing, 198 00:07:10,517 --> 00:07:12,954 once it was ascertained that he was hurt. 199 00:07:12,954 --> 00:07:14,346 Not to my knowledge, no. 200 00:07:14,346 --> 00:07:17,480 You don'’t allege that the football program 201 00:07:17,480 --> 00:07:20,135 offered by McKinley High is any more dangerous 202 00:07:20,135 --> 00:07:22,267 than those programs offered by other high schools. 203 00:07:22,267 --> 00:07:23,530 Well, it might be. 204 00:07:23,530 --> 00:07:24,705 Okay. 205 00:07:24,705 --> 00:07:26,054 Do you have any evidence of that? 206 00:07:26,054 --> 00:07:28,448 My son is dead. 207 00:07:30,232 --> 00:07:31,799 Okay. 208 00:07:31,799 --> 00:07:34,845 Your son Phillip-- and the two of you-- 209 00:07:34,845 --> 00:07:37,718 you all understood football to be a violent sport. 210 00:07:37,718 --> 00:07:41,373 We understood that football was a contact sport. 211 00:07:41,373 --> 00:07:43,506 That it involved collisions. 212 00:07:43,506 --> 00:07:46,074 You signed waivers at the beginning of the season. 213 00:07:46,074 --> 00:07:48,337 Phillip came home with a lot of forms. 214 00:07:48,337 --> 00:07:50,208 We signed them. 215 00:07:50,208 --> 00:07:53,124 We were not aware that playing football was life-threatening. 216 00:07:56,345 --> 00:07:57,738 [clears throat] Mrs. Duggin... 217 00:07:57,738 --> 00:08:00,523 football has been around for a very long time. 218 00:08:00,523 --> 00:08:02,612 So has smoking. 219 00:08:02,612 --> 00:08:05,833 But once it was learned that smoking causes cancer and death, 220 00:08:05,833 --> 00:08:08,575 the dangers were front-loaded for the American public. 221 00:08:08,575 --> 00:08:11,447 That should be done, and hasn'’t been done, with football. 222 00:08:11,447 --> 00:08:14,581 So, if you had felt properly warned here, 223 00:08:14,581 --> 00:08:17,671 on the dangers of football, you'’d have no problem with it. 224 00:08:17,671 --> 00:08:19,542 I didn'’t say that. 225 00:08:19,542 --> 00:08:21,326 But nice try. 226 00:08:21,326 --> 00:08:23,067 Okay, just so I'’m clear-- 227 00:08:23,067 --> 00:08:25,287 your issue isn'’t so much with McKinley High 228 00:08:25,287 --> 00:08:27,811 as with the sport of football itself. 229 00:08:27,811 --> 00:08:32,163 My son was killed participating in a football program 230 00:08:32,163 --> 00:08:34,252 at McKinley High. 231 00:08:34,252 --> 00:08:39,388 He was participating as directed by the coach at McKinley High. 232 00:08:39,388 --> 00:08:42,086 He'’s dead. 233 00:08:42,086 --> 00:08:45,220 [voice breaking]: So, yes, sir, 234 00:08:45,220 --> 00:08:47,265 I take issue with McKinley High. 235 00:09:01,279 --> 00:09:04,369 She was, of course, very upset that we were foreclosing, 236 00:09:04,369 --> 00:09:06,197 as were we. 237 00:09:06,197 --> 00:09:08,939 She was a valued customer, and we all sympathized. 238 00:09:08,939 --> 00:09:12,203 Mr. Gray, can you tell us why you chose to foreclose? 239 00:09:12,203 --> 00:09:14,815 Well, quite simply, she couldn'’t pay her mortgage. 240 00:09:14,815 --> 00:09:16,077 We'’d given her several extensions, 241 00:09:16,077 --> 00:09:18,253 and, as I said, we valued her business, 242 00:09:18,253 --> 00:09:20,908 but, at some point-- 243 00:09:20,908 --> 00:09:22,387 And when you finally did foreclose... 244 00:09:22,387 --> 00:09:23,911 She became distraught, 245 00:09:23,911 --> 00:09:26,783 and she vowed this would not be the end of it. 246 00:09:26,783 --> 00:09:28,437 Several months later, she came back, 247 00:09:28,437 --> 00:09:31,309 brandishing the weapon and, well, you saw the tape. 248 00:09:31,309 --> 00:09:32,397 Thank you, sir. 249 00:09:35,270 --> 00:09:37,968 The tape doesn'’t tell the whole story, does it, Mr. Gray? 250 00:09:37,968 --> 00:09:39,100 I'’m not sure what you mean. 251 00:09:39,100 --> 00:09:40,841 I bet you have a pretty good idea. 252 00:09:40,841 --> 00:09:42,973 You were the loan officer who negotiated the mortgage package 253 00:09:42,973 --> 00:09:45,933 which enabled my client to buy her house, were you not? 254 00:09:45,933 --> 00:09:48,022 I was.A house she couldn'’t afford. 255 00:09:48,022 --> 00:09:49,284 That isn'’t true. 256 00:09:49,284 --> 00:09:51,199 She'’s a single mother, part-time job, 257 00:09:51,199 --> 00:09:52,461 supplemented by modest alimony 258 00:09:52,461 --> 00:09:54,463 subject to modification by the court. 259 00:09:54,463 --> 00:09:55,943 She'’s a terrible risk, and yet, 260 00:09:55,943 --> 00:09:57,292 you gave her the deal of a lifetime. 261 00:09:57,292 --> 00:09:59,294 Objection. Overruled. 262 00:09:59,294 --> 00:10:00,861 A no-money-down, interest-only, 263 00:10:00,861 --> 00:10:04,125 adjustable rate mortgage at three percent-- fantastic! 264 00:10:04,125 --> 00:10:06,693 One could say that deal was just too good to be true. 265 00:10:06,693 --> 00:10:07,781 Which it was. 266 00:10:07,781 --> 00:10:09,043 MENDELSOHN: Objection! 267 00:10:09,043 --> 00:10:11,045 The terms of the loan are not an issue. 268 00:10:11,045 --> 00:10:12,046 Your Honor...? 269 00:10:12,046 --> 00:10:13,961 Short leash. 270 00:10:13,961 --> 00:10:15,484 You knew she wouldn'’t be able to hold onto this house; in fact, 271 00:10:15,484 --> 00:10:16,964 that was the plan, was it not? 272 00:10:16,964 --> 00:10:17,965 It certainly was not. 273 00:10:17,965 --> 00:10:18,966 She makes the payments, 274 00:10:18,966 --> 00:10:20,097 you get the interest, 275 00:10:20,097 --> 00:10:21,490 she doesn'’t, you get the house. 276 00:10:21,490 --> 00:10:23,057 Do you have any idea how much the banks lost-- 277 00:10:23,057 --> 00:10:25,146 Because your plan backfired when real estate crashed! 278 00:10:25,146 --> 00:10:27,104 We didn'’t set out to screw your client! 279 00:10:27,104 --> 00:10:29,106 You raised the rate from three to 13 percent, 280 00:10:29,106 --> 00:10:30,281 strapped on a big balloon payment... 281 00:10:30,281 --> 00:10:32,283 Our rates floated with the prime. 282 00:10:32,283 --> 00:10:33,502 It was an adjustable rate mortgage! 283 00:10:33,502 --> 00:10:34,808 Did you advise her of that? 284 00:10:34,808 --> 00:10:36,592 She had a lawyer, for God'’s sake! 285 00:10:36,592 --> 00:10:39,813 You were her banker-- she had an ongoing relationship with you. 286 00:10:39,813 --> 00:10:41,075 You saw the trends. 287 00:10:41,075 --> 00:10:42,903 Did you tell her, "Hey, wait, you might 288 00:10:42,903 --> 00:10:44,426 want to consider that the rates will go up"? 289 00:10:44,426 --> 00:10:46,820 No, that wasn'’t your business plan, was it? 290 00:10:46,820 --> 00:10:48,343 It was more like, take her money, 291 00:10:48,343 --> 00:10:49,344 then take her house. 292 00:10:49,344 --> 00:10:50,998 Objection!Sustained. 293 00:10:50,998 --> 00:10:52,477 TOMMY: Your bank, Heritage Union, 294 00:10:52,477 --> 00:10:54,349 is a subsidiary of J.P. Morgan, am I right? 295 00:10:54,349 --> 00:10:57,221 Yes.Which received billions and billions of dollars 296 00:10:57,221 --> 00:10:59,441 in bailout money. When you were in trouble, the government 297 00:10:59,441 --> 00:11:02,357 bailed you out-- in part so you could bail your customers out. 298 00:11:02,357 --> 00:11:03,967 But when Elaine Lister came to you, 299 00:11:03,967 --> 00:11:05,142 instead of helping her... 300 00:11:06,753 --> 00:11:09,277 ...you took her house. 301 00:11:09,277 --> 00:11:11,018 It was great-- 302 00:11:11,018 --> 00:11:12,715 don'’t get me wrong-- but our defense 303 00:11:12,715 --> 00:11:15,109 is the government'’s conduct, not the bank'’s. 304 00:11:15,109 --> 00:11:16,937 I'’ll get there, but I needed to lay some pipe. 305 00:11:16,937 --> 00:11:18,852 At some point, I want to take another shot with Kim, 306 00:11:18,852 --> 00:11:20,114 which I'’ll need your help with. 307 00:11:20,114 --> 00:11:21,245 She'’s not going to cut me any favors, 308 00:11:21,245 --> 00:11:22,638 so when the time'’s right, 309 00:11:22,638 --> 00:11:24,074 I'’d like you to speak to her, D.A. to D.A. 310 00:11:24,074 --> 00:11:25,119 Who are you kidding? 311 00:11:25,119 --> 00:11:26,381 That woman was caught on tape. 312 00:11:26,381 --> 00:11:27,687 Stay out of it, if you don'’t mind. 313 00:11:27,687 --> 00:11:30,211 And... even if you do. 314 00:11:30,211 --> 00:11:31,865 I'’d also like you to handle Elaine'’s direct. 315 00:11:31,865 --> 00:11:33,431 Really? 316 00:11:33,431 --> 00:11:35,390 TOMMY: I want the jury to be laser-locked on her story. 317 00:11:35,390 --> 00:11:37,261 When she testifies, I want her 318 00:11:37,261 --> 00:11:39,220 to be the only one in the room. 319 00:11:39,220 --> 00:11:40,874 I tend to pull focus. The jury won'’t notice you. 320 00:11:40,874 --> 00:11:43,441 Got it. Thanks. 321 00:11:45,313 --> 00:11:46,749 Uh, Chunhua. 322 00:11:46,749 --> 00:11:48,708 Ollie Richard. We haven'’t officially met. 323 00:11:48,708 --> 00:11:49,709 Hello. You finding everything okay? 324 00:11:49,709 --> 00:11:51,101 You getting set up? 325 00:11:51,101 --> 00:11:53,016 Yes. Everyone'’s been so nice. 326 00:11:53,016 --> 00:11:54,278 Thank you. Yeah. 327 00:11:54,278 --> 00:11:55,497 Yeah, they'’re a great group. 328 00:11:55,497 --> 00:11:57,194 Listen, let'’s get coffee sometime. 329 00:11:57,194 --> 00:11:59,022 I can give you a quick primer on the litigation department. 330 00:11:59,022 --> 00:12:00,328 That'’d be great. 331 00:12:00,328 --> 00:12:01,590 Thank you. 332 00:12:05,028 --> 00:12:06,334 What? 333 00:12:06,334 --> 00:12:07,596 [snickers] 334 00:12:08,640 --> 00:12:10,033 Ms. Korn, come on. 335 00:12:10,033 --> 00:12:12,644 I was just as skeptical as you, Your Honor. 336 00:12:12,644 --> 00:12:14,603 And then I started to review the data. 337 00:12:14,603 --> 00:12:17,867 Virtually every high school in America offers football. 338 00:12:17,867 --> 00:12:19,390 Which makes the problem more pervasive. 339 00:12:19,390 --> 00:12:20,652 And you think you'’re about to get 340 00:12:20,652 --> 00:12:21,741 a court to legislate it away? 341 00:12:21,741 --> 00:12:23,438 Not really. 342 00:12:23,438 --> 00:12:26,484 My hope here is that you see my clients have been victimized 343 00:12:26,484 --> 00:12:28,748 and you recognize that a court of law 344 00:12:28,748 --> 00:12:30,837 is their only means of finding a remedy. 345 00:12:30,837 --> 00:12:32,534 And I would hope, Your Honor, 346 00:12:32,534 --> 00:12:33,970 that the court tempers its compassion 347 00:12:33,970 --> 00:12:37,017 with pragmatism and the controlling body of law. 348 00:12:37,017 --> 00:12:38,801 The body of law is about to shift. 349 00:12:38,801 --> 00:12:41,412 Ms. Korn, I-I have a lot of cases on my docket. 350 00:12:41,412 --> 00:12:43,675 Your Honor, if I could just get you to hear 351 00:12:43,675 --> 00:12:44,633 from the treating physician. 352 00:12:44,633 --> 00:12:45,808 If you'’re inclined 353 00:12:45,808 --> 00:12:47,201 to dismiss this claim, then fine. 354 00:12:47,201 --> 00:12:49,551 All I'’ll ask is that you let your decision 355 00:12:49,551 --> 00:12:50,987 be an informed one. 356 00:12:50,987 --> 00:12:53,468 [sighs] 357 00:12:53,468 --> 00:12:56,123 One witness-- 2:00. 358 00:12:56,123 --> 00:12:57,341 And, Ms. Korn, 359 00:12:57,341 --> 00:12:58,952 one witness means one witness. 360 00:12:58,952 --> 00:13:00,301 HARRY: Yes, Your Honor. 361 00:13:00,301 --> 00:13:02,172 Thank you. 362 00:13:02,172 --> 00:13:05,001 Okay, so let'’s put the treating physician up first. 363 00:13:05,001 --> 00:13:07,482 And then we'’ll call the expert from BU, 364 00:13:07,482 --> 00:13:08,788 assuming he can get here. 365 00:13:08,788 --> 00:13:10,441 Harry, the judge said one witness only. 366 00:13:10,441 --> 00:13:11,616 You heard him. 367 00:13:11,616 --> 00:13:13,488 Really? I heard "one at a time." 368 00:13:13,488 --> 00:13:15,751 Get the treating physician ready to go first, 369 00:13:15,751 --> 00:13:17,666 and then the doc from BU to follow. 370 00:13:17,666 --> 00:13:18,798 Judge Gillot is very no-nonsense. 371 00:13:18,798 --> 00:13:19,973 The last thing we need 372 00:13:19,973 --> 00:13:21,844 is for you to be held in contempt. 373 00:13:21,844 --> 00:13:23,498 Adam, how long you been doing this? 374 00:13:23,498 --> 00:13:25,805 The treating physician first. 375 00:13:25,805 --> 00:13:27,371 The guy from BU to follow. 376 00:13:37,294 --> 00:13:38,426 Thank you. 377 00:13:38,426 --> 00:13:39,906 We appreciate it very much. 378 00:13:39,906 --> 00:13:41,037 Thank you again. 379 00:13:41,037 --> 00:13:42,604 Okay. Bye. 380 00:13:42,604 --> 00:13:44,911 Okay, the guy from BU is getting on the airplane now. 381 00:13:44,911 --> 00:13:46,173 All this assumes the judge 382 00:13:46,173 --> 00:13:48,392 will even let him testify, which... 383 00:13:48,392 --> 00:13:51,308 I'’m just saying, the judge said one witness. 384 00:13:51,308 --> 00:13:52,962 Where'’s Chunhua? I need to arrange his pickup. 385 00:13:52,962 --> 00:13:54,485 She went for coffee. 386 00:13:54,485 --> 00:13:55,965 With Oliver. 387 00:13:55,965 --> 00:13:58,011 Excuse me? 388 00:13:58,011 --> 00:13:59,229 He took some time to show her the ropes, 389 00:13:59,229 --> 00:14:00,404 what have you. Good egg, that Ollie. 390 00:14:00,404 --> 00:14:02,363 Team player.She'’s my assistant. 391 00:14:02,363 --> 00:14:04,887 I'’m sure they'’ll be back. 392 00:14:13,113 --> 00:14:15,158 What'’s going on? 393 00:14:15,158 --> 00:14:18,161 We'’re just going over Elaine'’s testimony.No, you don'’t. 394 00:14:18,161 --> 00:14:20,163 Out you go, Elaine. We'’ll see you at the courthouse.Tommy. 395 00:14:20,163 --> 00:14:21,904 Out you go, Elaine. We'’ll see you at the courthouse. 396 00:14:21,904 --> 00:14:22,992 We hadn'’t even started. 397 00:14:22,992 --> 00:14:25,299 Good to know. Out you go. 398 00:14:25,299 --> 00:14:26,909 I'’m not well-versed on what her story is. 399 00:14:26,909 --> 00:14:28,650 I certainly have to prepare.You want to know her story? 400 00:14:28,650 --> 00:14:30,130 Her story is emotion. 401 00:14:30,130 --> 00:14:31,348 It'’s pain. It'’s anger. 402 00:14:31,348 --> 00:14:33,089 If you squeeze it all out of her now, 403 00:14:33,089 --> 00:14:34,917 she'’ll have nothing left when she gets up to testify. 404 00:14:34,917 --> 00:14:36,571 We want her corked, bottled up. 405 00:14:36,571 --> 00:14:38,573 We pull that cork in the courtroom, not here. 406 00:14:38,573 --> 00:14:39,966 But we still need to prepare. 407 00:14:39,966 --> 00:14:41,141 Cassie, if I thought it was hard, 408 00:14:41,141 --> 00:14:42,229 I wouldn'’t let you do it. 409 00:14:42,229 --> 00:14:43,839 [chuckles] Got it. 410 00:14:43,839 --> 00:14:45,406 Just keep it simple. Ask her what happened. 411 00:14:45,406 --> 00:14:47,495 Let her tell that jury what they did to her. 412 00:14:47,495 --> 00:14:48,888 And don'’t pull focus. 413 00:14:49,932 --> 00:14:51,238 By the time he was wheeled 414 00:14:51,238 --> 00:14:53,501 into the E.R., he was comatose. 415 00:14:53,501 --> 00:14:55,242 He died about 40 minutes later. 416 00:14:55,242 --> 00:14:57,287 I saw footage of that tackle. 417 00:14:57,287 --> 00:14:58,593 It didn'’t seem that bad. 418 00:14:58,593 --> 00:15:00,377 And it'’s unlikely that blow by itself 419 00:15:00,377 --> 00:15:01,813 would have killed him. 420 00:15:03,250 --> 00:15:04,860 An autopsy on his brain revealed 421 00:15:04,860 --> 00:15:07,297 some scar tissue caused by a prior trauma. 422 00:15:07,297 --> 00:15:10,518 Phillip died most likely by what we call second-impact syndrome, 423 00:15:10,518 --> 00:15:12,346 which can be fatal. 424 00:15:12,346 --> 00:15:13,956 Once you get one concussion, 425 00:15:13,956 --> 00:15:17,133 every one after that is exponentially more dangerous. 426 00:15:17,133 --> 00:15:19,614 Had he been treated before for any concussions? 427 00:15:19,614 --> 00:15:21,921 No, but what we'’re realizing now 428 00:15:21,921 --> 00:15:24,271 is players'’ brains are suffering trauma 429 00:15:24,271 --> 00:15:26,273 by what we call subconcussive injuries. 430 00:15:26,273 --> 00:15:27,535 Subconcussive? 431 00:15:27,535 --> 00:15:28,884 Uh, the kinds of blows 432 00:15:28,884 --> 00:15:30,277 players typically just shake off. 433 00:15:30,277 --> 00:15:32,888 And you think this is what happened to Phillip? 434 00:15:32,888 --> 00:15:35,804 When we autopsied his brain, we found evidence 435 00:15:35,804 --> 00:15:37,197 of chronic traumatic encephalopathy. 436 00:15:37,197 --> 00:15:38,589 Brain damage. 437 00:15:38,589 --> 00:15:41,375 Where we used to think CTE was caused by these 438 00:15:41,375 --> 00:15:43,464 big, dramatic collisions, we'’re now realizing 439 00:15:43,464 --> 00:15:45,857 that players'’ brains are being damaged 440 00:15:45,857 --> 00:15:47,555 by cumulative exposure as well-- 441 00:15:47,555 --> 00:15:50,471 these repetitive subconcussive injuries. 442 00:15:50,471 --> 00:15:51,994 You'’re talking about... 443 00:15:51,994 --> 00:15:53,953 I'’m talking about playing football, Ms. Korn. 444 00:15:53,953 --> 00:15:55,824 Everyday football. 445 00:15:55,824 --> 00:15:58,174 You can state to a medical certainty 446 00:15:58,174 --> 00:16:00,872 that Phillip Duggin died from a football-related injury? 447 00:16:00,872 --> 00:16:02,831 I can say to a certainty that we found 448 00:16:02,831 --> 00:16:04,398 a protein called tau on his brain-- 449 00:16:04,398 --> 00:16:06,008 a protein caused by trauma. 450 00:16:06,008 --> 00:16:08,968 Is it possible he suffered from a genetic defect? 451 00:16:08,968 --> 00:16:10,143 It'’s possible, but... 452 00:16:10,143 --> 00:16:12,145 Thank you. And not everyone 453 00:16:12,145 --> 00:16:16,105 who plays football ends up with dementia or CTE or... 454 00:16:16,105 --> 00:16:18,151 In every football player whose brain has been autopsied, 455 00:16:18,151 --> 00:16:19,500 we'’ve found evidence of tau or... 456 00:16:19,500 --> 00:16:20,980 But these studies are skewed. 457 00:16:20,980 --> 00:16:22,155 They'’re typically done 458 00:16:22,155 --> 00:16:23,983 on players who did suffer dementia, 459 00:16:23,983 --> 00:16:25,636 but not every player does. 460 00:16:25,636 --> 00:16:27,290 Am I right?But that doesn'’t mean 461 00:16:27,290 --> 00:16:29,249 they'’re not a little less smart for having played. 462 00:16:29,249 --> 00:16:30,380 Again, if you look at the data... 463 00:16:30,380 --> 00:16:31,425 Thank you, but your testimony 464 00:16:31,425 --> 00:16:33,209 goes to your findings, sir-- 465 00:16:33,209 --> 00:16:34,558 what you found 466 00:16:34,558 --> 00:16:36,343 in your examination of Phillip Duggin-- 467 00:16:36,343 --> 00:16:38,171 and while you can opine 468 00:16:38,171 --> 00:16:40,477 this second-impact syndrome, 469 00:16:40,477 --> 00:16:42,349 that'’s just an educated guess, right? 470 00:16:42,349 --> 00:16:44,351 It'’s my medical opinion. 471 00:16:44,351 --> 00:16:46,831 Based on the fact that he had tau on his brain 472 00:16:46,831 --> 00:16:48,355 and that he showed up in the E.R. 473 00:16:48,355 --> 00:16:51,097 wearing a football uniform, but you can'’t state 474 00:16:51,097 --> 00:16:52,533 to a medical certainty that he died 475 00:16:52,533 --> 00:16:54,230 as a direct result of an injury 476 00:16:54,230 --> 00:16:55,884 sustained while playing football, 477 00:16:55,884 --> 00:16:57,929 can you?To a medical certainty, no, but... 478 00:16:57,929 --> 00:16:58,930 Thank you. 479 00:17:00,454 --> 00:17:03,152 Your Honor, I would like to call one more witness. 480 00:17:04,327 --> 00:17:05,850 Excuse me? 481 00:17:05,850 --> 00:17:07,026 Well, it'’s just that, 482 00:17:07,026 --> 00:17:08,549 during the doctor'’s testimony, 483 00:17:08,549 --> 00:17:10,116 repeated references were made 484 00:17:10,116 --> 00:17:12,248 concerning current studies being done 485 00:17:12,248 --> 00:17:14,511 on the impact of football on the brain. 486 00:17:14,511 --> 00:17:17,253 I could redirect this witness on those studies, 487 00:17:17,253 --> 00:17:19,168 but wouldn'’t it be better to hear from one 488 00:17:19,168 --> 00:17:20,865 of the doctors who actually conducted them? 489 00:17:20,865 --> 00:17:22,954 In the interest of accuracy? 490 00:17:31,963 --> 00:17:33,356 Get him straight from the airport 491 00:17:33,356 --> 00:17:35,445 to the courthouse-- I can brief him there. 492 00:17:35,445 --> 00:17:37,273 There'’s a driver waiting. All taken care of. 493 00:17:37,273 --> 00:17:38,318 Ollie, excuse me. 494 00:17:38,318 --> 00:17:39,362 Got a second? Sure. 495 00:17:47,892 --> 00:17:48,980 Hey. 496 00:17:51,157 --> 00:17:53,898 What was that? 497 00:17:53,898 --> 00:17:56,075 What? 498 00:17:56,075 --> 00:17:57,337 Oh. 499 00:17:57,337 --> 00:17:59,426 You wanted a second now? 500 00:17:59,426 --> 00:18:01,080 Sorry. I didn'’t... 501 00:18:01,080 --> 00:18:02,951 You want it now? Chunhua is my assistant. 502 00:18:02,951 --> 00:18:05,388 I needed her earlier, and she was not here 503 00:18:05,388 --> 00:18:07,521 because you had taken her out of the office. 504 00:18:07,521 --> 00:18:08,913 I would appreciate it 505 00:18:08,913 --> 00:18:11,002 if you clear something like that with me first. 506 00:18:11,002 --> 00:18:13,048 Oh. Okay. 507 00:18:15,442 --> 00:18:17,357 I thought you just went for coffee. 508 00:18:17,357 --> 00:18:18,923 Hmm? 509 00:18:18,923 --> 00:18:20,186 Oh, right. Sorry. 510 00:18:20,186 --> 00:18:21,970 Yeah, we went for coffee. 511 00:18:21,970 --> 00:18:24,190 Guess I drink a lot of coffee. 512 00:18:27,193 --> 00:18:28,455 Something else? 513 00:18:28,455 --> 00:18:30,065 Why were you having coffee with Chunhua? 514 00:18:30,065 --> 00:18:31,501 Just wanted to give her the, uh, 515 00:18:31,501 --> 00:18:33,155 rundown on how things work around here. 516 00:18:33,155 --> 00:18:35,114 Office politics, that kind of nonsense. 517 00:18:35,114 --> 00:18:36,811 Pecking order-- big guys, 518 00:18:36,811 --> 00:18:38,029 little guys-- that sort of thing. 519 00:18:42,512 --> 00:18:44,949 I don'’t want you ever taking my assistant to coffee again. 520 00:18:44,949 --> 00:18:46,212 You hear me? 521 00:18:46,212 --> 00:18:47,474 That'’s not okay with me. 522 00:18:47,474 --> 00:18:49,171 Got it? 523 00:18:49,171 --> 00:18:51,521 Got it. Sorry. 524 00:18:51,521 --> 00:18:53,393 Whoa. 525 00:18:55,221 --> 00:18:57,136 Lunch? 526 00:18:59,050 --> 00:19:00,922 Okay if I take her to lunch? 527 00:19:15,632 --> 00:19:17,286 HARRY: My God. 528 00:19:17,286 --> 00:19:20,202 All set. We should get going.Have you read these studies? 529 00:19:20,202 --> 00:19:22,204 Not all of them, but pretty bad-- I know. 530 00:19:22,204 --> 00:19:23,858 Ready? 531 00:19:23,858 --> 00:19:25,816 Uh, let me just get my bag. 532 00:19:25,816 --> 00:19:27,122 Dr. Gold is at the courthouse now. 533 00:19:27,122 --> 00:19:28,689 I told him you were on your way. 534 00:19:28,689 --> 00:19:30,169 Good. Thanks. 535 00:19:30,169 --> 00:19:32,040 Chunhua, I don'’t want you going out for coffee 536 00:19:32,040 --> 00:19:33,955 or lunch or anything else with Oliver Richard. 537 00:19:33,955 --> 00:19:35,348 Okay? I'’m not comfortable with that. 538 00:19:35,348 --> 00:19:37,567 Oh. Okay. 539 00:19:37,567 --> 00:19:38,742 Why? 540 00:19:38,742 --> 00:19:40,570 Excuse me? 541 00:19:40,570 --> 00:19:42,746 Why don'’t you want me going for coffee with Oliver Richard? 542 00:19:42,746 --> 00:19:44,618 I just don'’t think it'’s a good idea. 543 00:19:44,618 --> 00:19:45,967 We'’ll leave it at that. 544 00:19:45,967 --> 00:19:47,838 All set?Let'’s do it. 545 00:19:51,146 --> 00:19:55,324 Well, first, my husband lost his job, which... 546 00:19:55,324 --> 00:19:57,761 it put a lot of strain on the marriage. 547 00:19:57,761 --> 00:19:59,807 Ultimately, it contributed to... 548 00:19:59,807 --> 00:20:01,722 Well, after the divorce, 549 00:20:01,722 --> 00:20:03,941 with the settlement, I was able to buy a small house. 550 00:20:03,941 --> 00:20:05,334 In Richmond? Yes. 551 00:20:05,334 --> 00:20:08,772 Um, the school systems were good there, so... 552 00:20:08,772 --> 00:20:09,991 I-I have three children. 553 00:20:09,991 --> 00:20:11,384 I wanted them to get a good education, 554 00:20:11,384 --> 00:20:13,647 so I moved to Richmond. 555 00:20:13,647 --> 00:20:15,866 And then 2008 happened. 556 00:20:15,866 --> 00:20:18,347 I lost my part-time job, and my husband 557 00:20:18,347 --> 00:20:20,654 couldn'’t make his alimony payments, 558 00:20:20,654 --> 00:20:22,003 and so, suddenly... 559 00:20:22,003 --> 00:20:23,091 You couldn'’t make your mortgage payment. 560 00:20:23,091 --> 00:20:25,615 Yeah, so I went to my bank. 561 00:20:25,615 --> 00:20:26,747 And they claimed 562 00:20:26,747 --> 00:20:28,314 they were in distress, too. 563 00:20:28,314 --> 00:20:29,750 So what happened? 564 00:20:29,750 --> 00:20:32,970 Well... I found God in a hurry. 565 00:20:32,970 --> 00:20:34,668 And a friend of mine 566 00:20:34,668 --> 00:20:36,365 in the banking industry said, "Forget God. 567 00:20:36,365 --> 00:20:38,802 Just pray for that bailout package to go through." 568 00:20:38,802 --> 00:20:40,587 He said that 569 00:20:40,587 --> 00:20:42,719 if the government bails out the banks, 570 00:20:42,719 --> 00:20:44,808 that they could then rescue us. 571 00:20:44,808 --> 00:20:47,028 And... and when it did go through, 572 00:20:47,028 --> 00:20:48,682 and when I saw that headline-- 573 00:20:48,682 --> 00:20:51,206 "Congress approves bailout package"-- I... 574 00:20:51,206 --> 00:20:53,121 I did thank God then. I did. 575 00:20:53,121 --> 00:20:55,602 So I called Mr. Gray, looking for my lifeline, 576 00:20:55,602 --> 00:20:56,994 and he said, 577 00:20:56,994 --> 00:21:00,128 true, they were receiving federal help, 578 00:21:00,128 --> 00:21:03,262 but they wouldn'’t be passing any of that help onto us. 579 00:21:03,262 --> 00:21:04,741 And how did that make you feel? 580 00:21:04,741 --> 00:21:06,352 You have no idea. 581 00:21:06,352 --> 00:21:09,659 For 20 years, I'’d been a loyal customer, 582 00:21:09,659 --> 00:21:10,878 and then, when I needed their help, 583 00:21:10,878 --> 00:21:12,227 I just got, "Sorry. 584 00:21:12,227 --> 00:21:14,011 Now we'’ll take the keys to your house." 585 00:21:14,011 --> 00:21:15,274 And then I called my congressman, 586 00:21:15,274 --> 00:21:18,015 and I got the same response: "Sorry, 587 00:21:18,015 --> 00:21:20,104 but no bailout money for you." 588 00:21:20,104 --> 00:21:22,019 Only the big people get their help. 589 00:21:22,019 --> 00:21:23,543 Only Wall Street. 590 00:21:23,543 --> 00:21:25,153 And then what? 591 00:21:25,153 --> 00:21:29,288 Well, I tried to move on-- I did-- but I couldn'’t. 592 00:21:29,288 --> 00:21:31,986 The more I thought about it, the angrier I... 593 00:21:31,986 --> 00:21:34,771 They created this mess with their giant Ponzi scheme, 594 00:21:34,771 --> 00:21:37,252 and they get bailed out, and they'’re supposed to use 595 00:21:37,252 --> 00:21:40,560 that bailout money to help people like us, 596 00:21:40,560 --> 00:21:42,126 but what did they do? 597 00:21:42,126 --> 00:21:44,912 They just stuck it deeper in their own coffers, 598 00:21:44,912 --> 00:21:47,218 and started taking million-dollar bonuses. 599 00:21:48,219 --> 00:21:51,745 So then I just decided that... 600 00:21:51,745 --> 00:21:54,225 I'’d take things into my own hands. 601 00:21:54,225 --> 00:21:58,752 You know, I'’d... I'’d be damned... 602 00:21:58,752 --> 00:22:02,016 before I let my children go homeless or let them starve. 603 00:22:02,016 --> 00:22:03,278 So what did you do? 604 00:22:03,278 --> 00:22:04,714 I got my gun, 605 00:22:04,714 --> 00:22:06,237 went to my bank. 606 00:22:06,237 --> 00:22:09,415 I looked that teller straight in the eye and I said, 607 00:22:09,415 --> 00:22:13,244 "I need money to feed my children. 608 00:22:14,289 --> 00:22:16,552 You'’re gonna give it to me." 609 00:22:19,163 --> 00:22:20,077 And she did. 610 00:22:20,077 --> 00:22:22,253 Then I left. 611 00:22:22,253 --> 00:22:25,039 Okay, but, Elaine, I understand why you blamed the banks, 612 00:22:25,039 --> 00:22:27,824 but why the government? 613 00:22:27,824 --> 00:22:31,698 The government enabled all of this. 614 00:22:31,698 --> 00:22:34,091 First by deregulating the banks-- 615 00:22:34,091 --> 00:22:35,223 giving them carte blanche. 616 00:22:35,223 --> 00:22:36,964 And then they gave them 617 00:22:36,964 --> 00:22:40,315 $700 billion to do whatever they want with. 618 00:22:40,315 --> 00:22:41,621 And they kept it. 619 00:22:41,621 --> 00:22:43,884 The government let this happen, 620 00:22:43,884 --> 00:22:46,234 and now all these rich bankers are buying bigger houses 621 00:22:46,234 --> 00:22:48,671 while people like me are losing ours? 622 00:22:48,671 --> 00:22:51,761 The government is complicit in all of this. 623 00:22:51,761 --> 00:22:53,284 Damn right I blame them! 624 00:22:53,284 --> 00:22:54,808 Damn right! 625 00:22:57,854 --> 00:22:59,987 Thank you. 626 00:22:59,987 --> 00:23:02,685 I have nothing more. 627 00:23:17,744 --> 00:23:19,572 I have nothing, Your Honor. 628 00:23:23,706 --> 00:23:25,839 The public knows the toll that professional football 629 00:23:25,839 --> 00:23:27,580 takes on its players, and that'’s great. 630 00:23:27,580 --> 00:23:29,451 But what is still not understood 631 00:23:29,451 --> 00:23:32,280 is what the game is doing to the kids.And by kids, you mean...? 632 00:23:32,280 --> 00:23:34,021 The squirts-- elementary school, high school. 633 00:23:34,021 --> 00:23:35,892 Children should not 634 00:23:35,892 --> 00:23:37,981 be allowed to play tackle football, it'’s that simple. 635 00:23:37,981 --> 00:23:39,853 That'’s a pretty aggressive statement, Doctor. 636 00:23:39,853 --> 00:23:41,245 If anything, the game is more dangerous 637 00:23:41,245 --> 00:23:42,638 the younger you go. 638 00:23:42,638 --> 00:23:44,118 Why? 639 00:23:44,118 --> 00:23:46,599 Because a young brain is still just that-- young. 640 00:23:46,599 --> 00:23:49,863 In the developmental stages, when a neurological injury 641 00:23:49,863 --> 00:23:51,865 can be profoundly more damaging and enduring. 642 00:23:51,865 --> 00:23:53,475 And you'’ve done tests on this? 643 00:23:53,475 --> 00:23:55,085 Yes. In my most recent, 644 00:23:55,085 --> 00:23:57,566 I studied the brains of 21 high school football players. 645 00:23:57,566 --> 00:23:59,742 We did MRI neuro-imaging. 646 00:23:59,742 --> 00:24:02,136 We specifically studied the cognitive impairment 647 00:24:02,136 --> 00:24:04,225 and every one of them declined. All of them? 648 00:24:04,225 --> 00:24:07,010 Mm. And here'’s what was truly disturbing: 649 00:24:07,010 --> 00:24:08,316 Fully half of them 650 00:24:08,316 --> 00:24:10,405 were nonconcussed. By that, I mean 651 00:24:10,405 --> 00:24:12,799 no clinical symptoms, no apparent injuries. 652 00:24:12,799 --> 00:24:14,235 Even with this group, 653 00:24:14,235 --> 00:24:16,629 their cognitive skills were negatively affected. 654 00:24:16,629 --> 00:24:19,675 And we'’re sure all these boys had proper protection? 655 00:24:19,675 --> 00:24:22,112 Helmets protect against outside traumas. 656 00:24:22,112 --> 00:24:23,897 Concussions happen inside the head-- 657 00:24:23,897 --> 00:24:25,855 the brain crashes against the skull. 658 00:24:25,855 --> 00:24:27,335 As equipment gets better, 659 00:24:27,335 --> 00:24:30,077 the players have only become more fearless. 660 00:24:30,077 --> 00:24:31,339 They play with more abandon. 661 00:24:31,339 --> 00:24:32,819 If anything, injuries have gone up. 662 00:24:32,819 --> 00:24:35,256 Let'’s turn to Phillip Duggin specifically. 663 00:24:35,256 --> 00:24:37,563 Did you study his autopsy results? 664 00:24:37,563 --> 00:24:38,694 I did. 665 00:24:38,694 --> 00:24:39,826 There was an abnormal collection 666 00:24:39,826 --> 00:24:41,436 of a protein called tau. 667 00:24:41,436 --> 00:24:44,265 This is something we find in Alzheimer'’s patients. 668 00:24:44,265 --> 00:24:46,833 We don'’t expect to see it in a 16-year-old boy. 669 00:24:46,833 --> 00:24:48,791 And you think this was caused by football? 670 00:24:48,791 --> 00:24:50,097 Absolutely. 671 00:24:50,097 --> 00:24:52,273 The concussion was all frontal, 672 00:24:52,273 --> 00:24:55,276 and it was insular, which suggests head trauma, 673 00:24:55,276 --> 00:24:57,234 most of which was probably sub-concussive. 674 00:24:57,234 --> 00:24:58,801 Which means what? 675 00:24:58,801 --> 00:25:01,935 A lot of repetitive little whacks to the head. 676 00:25:01,935 --> 00:25:05,808 The sport is not safe. 677 00:25:05,808 --> 00:25:09,812 Suppose a little-league kid takes a fastball on the noggin, 678 00:25:09,812 --> 00:25:11,292 could that cause tau on the brain? 679 00:25:11,292 --> 00:25:12,641 Possibly, but in baseball, 680 00:25:12,641 --> 00:25:14,164 you don'’t have the repetitive traumas. 681 00:25:14,164 --> 00:25:16,297 But getting beaned with a fastball, 682 00:25:16,297 --> 00:25:17,820 could that be concussive?Of course. 683 00:25:17,820 --> 00:25:19,387 Hockey? Checked into the boards? 684 00:25:19,387 --> 00:25:21,171 Wrestling, dumped on to your head? 685 00:25:21,171 --> 00:25:22,303 High-risk sports for head trauma? 686 00:25:22,303 --> 00:25:23,957 Not as bad as football, but yes. 687 00:25:23,957 --> 00:25:26,568 Skiing?There are a lot of sports where... 688 00:25:26,568 --> 00:25:29,223 Soccer, heading the ball?Heading the ball in soccer should be banned. 689 00:25:29,223 --> 00:25:30,964 How do you feel about competitive cheerleading? 690 00:25:30,964 --> 00:25:32,618 I'’m not a fan. Boxing? 691 00:25:32,618 --> 00:25:33,967 Should be banned. 692 00:25:33,967 --> 00:25:36,970 Bobsledding, luge, car racing? 693 00:25:36,970 --> 00:25:40,321 Forget racing, how about simply driving a car? 694 00:25:40,321 --> 00:25:42,279 Statistically, what'’s more dangerous, 695 00:25:42,279 --> 00:25:44,107 getting into your car to drive to the market, 696 00:25:44,107 --> 00:25:45,718 or playing in a game of football? 697 00:25:45,718 --> 00:25:48,242 Driving a car is statistically more dangerous. 698 00:25:48,242 --> 00:25:50,026 But you'’re not suggesting we ban automobiles. 699 00:25:50,026 --> 00:25:52,594 Obviously, we'’re not going to ban driving cars. 700 00:25:52,594 --> 00:25:54,640 So you'’re open to tempering your opinion 701 00:25:54,640 --> 00:25:56,337 with common sense. 702 00:25:56,337 --> 00:25:57,991 Failing that, a little pragmatism. 703 00:25:57,991 --> 00:25:58,992 Objection. 704 00:25:58,992 --> 00:26:01,168 Withdrawn. Nothing further. 705 00:26:20,143 --> 00:26:21,362 How we doing? 706 00:26:21,362 --> 00:26:23,886 So, Tommy sent you in for the kill. 707 00:26:23,886 --> 00:26:25,192 Come on, Kim. 708 00:26:25,192 --> 00:26:27,368 Five years in prison is pretty significant. 709 00:26:27,368 --> 00:26:28,674 For sticking up a bank? 710 00:26:28,674 --> 00:26:30,937 When you consider all the circumstances... 711 00:26:30,937 --> 00:26:32,242 Have you? 712 00:26:32,242 --> 00:26:33,504 I have. 713 00:26:33,504 --> 00:26:35,985 You really want 20?I do. 714 00:26:35,985 --> 00:26:38,901 Huh. Isn'’t like you to go all "Hosanna" on this. 715 00:26:38,901 --> 00:26:40,555 The thing is, Cassie, 716 00:26:40,555 --> 00:26:43,166 you don'’t regard your client as a high risk to society. 717 00:26:43,166 --> 00:26:44,646 I do. 718 00:26:44,646 --> 00:26:47,344 She'’s a mother with no prior criminal record. 719 00:26:47,344 --> 00:26:49,042 Exactly. 720 00:26:49,042 --> 00:26:52,132 You see the way that they'’re looking at Elaine Lister. 721 00:26:52,132 --> 00:26:53,350 They find her sympathetic. 722 00:26:53,350 --> 00:26:56,353 Mm-hmm. Exactly. 723 00:26:56,353 --> 00:26:57,616 And what am I missing? 724 00:26:57,616 --> 00:26:59,487 Think about it. 725 00:26:59,487 --> 00:27:01,620 KILDARE: Sports-- 726 00:27:01,620 --> 00:27:03,273 especially contact sports, 727 00:27:03,273 --> 00:27:05,275 are fraught with all kinds of dangers. 728 00:27:05,275 --> 00:27:08,496 Hockey, cheerleading, skiing, skateboarding, 729 00:27:08,496 --> 00:27:10,411 boxing, wrestling-- you can die, 730 00:27:10,411 --> 00:27:13,588 become paralyzed or suffer brain trauma doing any one of them. 731 00:27:13,588 --> 00:27:15,155 Even heading a soccer ball. 732 00:27:15,155 --> 00:27:16,156 And there are worse. 733 00:27:16,156 --> 00:27:17,287 Today we have cliff jumping, 734 00:27:17,287 --> 00:27:19,202 hang gliding, the extreme sports. 735 00:27:19,202 --> 00:27:21,248 We'’ve all watched the X-Games. 736 00:27:21,248 --> 00:27:22,945 Which are insane. 737 00:27:22,945 --> 00:27:24,338 I suppose we could ban it all. 738 00:27:24,338 --> 00:27:25,600 Be safer. 739 00:27:25,600 --> 00:27:28,211 But sport is in our culture. 740 00:27:28,211 --> 00:27:30,083 Football especially so. 741 00:27:30,083 --> 00:27:31,606 Like you said, virtually every high school 742 00:27:31,606 --> 00:27:33,521 in America offers it. 743 00:27:33,521 --> 00:27:35,523 Colleges schedule homecoming games. 744 00:27:35,523 --> 00:27:37,264 Last week was Thanksgiving. 745 00:27:37,264 --> 00:27:38,526 Almost all of America 746 00:27:38,526 --> 00:27:40,484 was tuned in to football on television. 747 00:27:40,484 --> 00:27:41,572 It is deeply, 748 00:27:41,572 --> 00:27:44,750 deeply embedded in our culture. 749 00:27:44,750 --> 00:27:48,231 In fact, it is the most American of all our sports. 750 00:27:48,231 --> 00:27:51,365 And the idea that it should be banned, 751 00:27:51,365 --> 00:27:53,367 or that a court would seek to punish 752 00:27:53,367 --> 00:27:55,064 a school for offering it... 753 00:27:57,588 --> 00:28:01,201 Of course our hearts go out to Phillip Duggin'’s family. 754 00:28:01,201 --> 00:28:03,725 They suffered an unimaginable tragedy. 755 00:28:03,725 --> 00:28:06,685 But Phillip died doing what he loved. 756 00:28:06,685 --> 00:28:10,340 Blaming McKinley High for having a football program... 757 00:28:10,340 --> 00:28:12,908 that'’s just not the way to go. 758 00:28:21,917 --> 00:28:25,312 I love the game. I do. 759 00:28:25,312 --> 00:28:26,922 And true, I can'’t imagine a Thanksgiving 760 00:28:26,922 --> 00:28:29,925 without seeing the Detroit Lions 761 00:28:29,925 --> 00:28:31,927 or falling asleep in the La-Z-Boy 762 00:28:31,927 --> 00:28:33,581 while the cameraman zooms in for 763 00:28:33,581 --> 00:28:36,584 the turkey-day crotch-shot of a Dallas Cowboy cheerleader. 764 00:28:36,584 --> 00:28:38,673 And let'’s face it, 765 00:28:38,673 --> 00:28:41,589 to actually know God is to see the Ohio State Buckeyes 766 00:28:41,589 --> 00:28:42,938 kick the [bleep] out of Michigan. 767 00:28:42,938 --> 00:28:45,593 Mr. Kildare is right, 768 00:28:45,593 --> 00:28:48,378 football is ingrained in the American culture. 769 00:28:48,378 --> 00:28:50,641 But it comes at a dangerous, 770 00:28:50,641 --> 00:28:52,643 and as we'’re now learning, deadly cost. 771 00:28:52,643 --> 00:28:55,124 Chronic traumatic brain injuries 772 00:28:55,124 --> 00:28:57,257 are much more common than we ever imagined. 773 00:28:57,257 --> 00:29:00,477 Even routine little practice hits over time 774 00:29:00,477 --> 00:29:02,566 can cause CTE. 775 00:29:02,566 --> 00:29:04,394 And younger players are especially vulnerable. 776 00:29:04,394 --> 00:29:06,135 Phillip died of Second Impact Syndrome, 777 00:29:06,135 --> 00:29:12,272 something that occurs mainly in athletes under the age of 23. 778 00:29:12,272 --> 00:29:16,537 Brains that are still forming. 779 00:29:16,537 --> 00:29:18,452 Malcolm Gladwell, the brilliant author, 780 00:29:18,452 --> 00:29:21,803 recently wrote an article in the New Yorker 781 00:29:21,803 --> 00:29:24,371 comparing football to dog-fighting-- 782 00:29:24,371 --> 00:29:25,807 blood sports, 783 00:29:25,807 --> 00:29:28,462 where we throw the innocent into a ring 784 00:29:28,462 --> 00:29:31,117 to do deadly battle for our entertainment. 785 00:29:31,117 --> 00:29:35,469 Sure, other sports are dangerous. 786 00:29:35,469 --> 00:29:38,428 Hockey, skiing, heading the ball in soccer. 787 00:29:38,428 --> 00:29:40,779 But these sports, and others, 788 00:29:40,779 --> 00:29:43,042 they can all be made safer. 789 00:29:43,042 --> 00:29:47,655 Whereas football, by its very nature-- 790 00:29:47,655 --> 00:29:50,745 the game calls for high-performance athletes 791 00:29:50,745 --> 00:29:54,009 to squat in a crouch and then collide, 792 00:29:54,009 --> 00:29:58,057 helmet-to-helmet, on every single play. 793 00:29:58,057 --> 00:30:01,451 We ask these kids to take thousands of hits over time, 794 00:30:01,451 --> 00:30:03,453 to their heads. 795 00:30:03,453 --> 00:30:06,979 It is an inherently and innately unsafe sport. 796 00:30:06,979 --> 00:30:09,068 In product liability, 797 00:30:09,068 --> 00:30:11,157 we call it a design defect. 798 00:30:11,157 --> 00:30:15,161 As more and more players die, and we autopsy the brains, 799 00:30:15,161 --> 00:30:18,512 we'’re finding brain decay, even in teenage athletes, 800 00:30:18,512 --> 00:30:22,646 that'’s usually reserved for old people with Alzheimer'’s. 801 00:30:22,646 --> 00:30:24,344 Today'’s news stinks. 802 00:30:24,344 --> 00:30:27,042 Tomorrow'’s figures to be worse. 803 00:30:27,042 --> 00:30:31,394 With every ensuing study, the picture gets a little more clear 804 00:30:31,394 --> 00:30:33,179 and a lot more shocking. 805 00:30:33,179 --> 00:30:37,531 The human head is not meant to endure football. 806 00:30:37,531 --> 00:30:41,187 Especially the heads of younger players. 807 00:30:43,493 --> 00:30:46,279 I love the game, Judge-- I do-- 808 00:30:46,279 --> 00:30:49,369 but as ingrained as it is in our culture, 809 00:30:49,369 --> 00:30:51,110 if it'’s hurting our kids, 810 00:30:51,110 --> 00:30:53,677 really hurting them, 811 00:30:53,677 --> 00:30:56,245 maybe it'’s time to ingrain it out. 812 00:30:56,245 --> 00:31:00,554 At a minimum, you can'’t tell me I don'’t have a case here. 813 00:31:00,554 --> 00:31:03,513 And even if you could... 814 00:31:05,298 --> 00:31:07,909 ...how do you tell them? 815 00:31:24,578 --> 00:31:26,275 What do you think? 816 00:31:26,275 --> 00:31:28,625 Well, honestly, we might have a chance-- 817 00:31:28,625 --> 00:31:30,671 at least as far as beating summary judgment goes. 818 00:31:30,671 --> 00:31:32,629 Your closing was strong. 819 00:31:32,629 --> 00:31:35,589 Adam, can I talk to you a second? 820 00:31:35,589 --> 00:31:36,895 Sure. 821 00:31:41,725 --> 00:31:43,771 Give me a break. 822 00:31:43,771 --> 00:31:45,642 [nervous chuckle] 823 00:31:45,642 --> 00:31:49,777 Listen, I'’m not comfortable with you telling me 824 00:31:49,777 --> 00:31:52,736 who I can or can'’t have coffee with. 825 00:31:52,736 --> 00:31:54,956 I understand I have a job to do, 826 00:31:54,956 --> 00:31:57,654 I need to do it, and if you want me at my desk 827 00:31:57,654 --> 00:32:00,266 at all times during business hours, I will respect that. 828 00:32:00,266 --> 00:32:02,355 But to put some blanket prohibition... 829 00:32:02,355 --> 00:32:06,402 I'’m beginning to wonder if this is a good idea, me working here. 830 00:32:06,402 --> 00:32:08,491 Chunhua, look, I do not intend to legislate 831 00:32:08,491 --> 00:32:10,276 your personal life, that'’s not my right. 832 00:32:10,276 --> 00:32:11,930 The reason I... 833 00:32:11,930 --> 00:32:14,280 I just don'’t want you around dangerous snakes, okay? 834 00:32:14,280 --> 00:32:16,499 And Ollie Richard is a dangerous snake. 835 00:32:16,499 --> 00:32:18,414 Don'’t get me wrong, I actually like the guy. 836 00:32:18,414 --> 00:32:20,721 I just think, on certain levels... 837 00:32:20,721 --> 00:32:22,897 he'’s a disgusting human being. 838 00:32:25,030 --> 00:32:26,509 Sort of. 839 00:32:26,509 --> 00:32:28,381 Well, if I want to have coffee with him 840 00:32:28,381 --> 00:32:29,817 on my personal time... 841 00:32:29,817 --> 00:32:31,558 that should be my call. 842 00:32:31,558 --> 00:32:33,952 Okay, never mind; I'’ll never mention it again. 843 00:32:33,952 --> 00:32:35,736 If you want to see Ollie on your personal time-- 844 00:32:35,736 --> 00:32:38,565 and I do want you at your desk during business hours, 845 00:32:38,565 --> 00:32:40,741 by the way-- that'’s your right. 846 00:32:40,741 --> 00:32:43,396 He'’ll just try to bed you, but hey, whatever. 847 00:32:43,396 --> 00:32:44,440 I don'’t care. 848 00:32:49,576 --> 00:32:50,664 [sighs] 849 00:32:58,933 --> 00:33:01,675 Look, I don'’t need to convince you that she'’s guilty. 850 00:33:01,675 --> 00:33:03,503 You saw the tape. 851 00:33:03,503 --> 00:33:05,592 What I might need to persuade you of... 852 00:33:05,592 --> 00:33:07,420 is that you should care. 853 00:33:07,420 --> 00:33:09,988 I mean, single mom... 854 00:33:09,988 --> 00:33:12,729 under distress, financial duress, 855 00:33:12,729 --> 00:33:14,514 a good person. 856 00:33:14,514 --> 00:33:17,560 Well, it'’s because she'’s a good person 857 00:33:17,560 --> 00:33:20,085 that we really need to be concerned. 858 00:33:20,085 --> 00:33:22,435 Because more and more good people are just saying, 859 00:33:22,435 --> 00:33:26,787 "You know, the law just doesn'’t work for me." 860 00:33:26,787 --> 00:33:29,529 And with all the social unrest going on in this country, 861 00:33:29,529 --> 00:33:30,965 we are on the cusp 862 00:33:30,965 --> 00:33:34,447 of lawlessness getting just a little out of hand. 863 00:33:34,447 --> 00:33:36,666 We'’ve all seen the mob violence in London. 864 00:33:36,666 --> 00:33:39,191 We'’re seeing some right here at home. 865 00:33:39,191 --> 00:33:42,411 Recently, protesters took over the Brooklyn Bridge in New York. 866 00:33:42,411 --> 00:33:44,805 Kids on college campuses are resorting 867 00:33:44,805 --> 00:33:46,937 to violence to protest tuition hikes. 868 00:33:46,937 --> 00:33:51,681 People in tough economic times are saying, "The hell with it!" 869 00:33:51,681 --> 00:33:53,901 And as the civil unrest grows, 870 00:33:53,901 --> 00:33:57,861 much of which is generated by good people, 871 00:33:57,861 --> 00:34:00,995 other good people are watching them get away with it. 872 00:34:00,995 --> 00:34:02,692 That lady-- 873 00:34:02,692 --> 00:34:05,130 that really nice lady-- 874 00:34:05,130 --> 00:34:07,523 walked into a bank, 875 00:34:07,523 --> 00:34:11,005 stuck a loaded gun in an innocent woman'’s face, 876 00:34:11,005 --> 00:34:15,096 threatened to use it, and walked out with $60,000. 877 00:34:15,096 --> 00:34:17,055 With no outrage. 878 00:34:17,055 --> 00:34:19,535 Not from the public. 879 00:34:19,535 --> 00:34:21,059 Not from the press. 880 00:34:21,059 --> 00:34:23,887 And probably... not from you. 881 00:34:23,887 --> 00:34:25,976 Even her victim, her own victim, 882 00:34:25,976 --> 00:34:28,718 whispered, "Good for you." 883 00:34:28,718 --> 00:34:31,504 That'’s how fed up people are, and that'’s 884 00:34:31,504 --> 00:34:34,463 how dangerously close we are to anarchy. 885 00:34:34,463 --> 00:34:37,597 And history will tell us 886 00:34:37,597 --> 00:34:39,555 that when anarchy threatens, 887 00:34:39,555 --> 00:34:42,515 society'’s best defense, in fact its only defense, 888 00:34:42,515 --> 00:34:45,866 is to alarm the lawbreakers to vanish. 889 00:34:45,866 --> 00:34:47,998 And when the good people 890 00:34:47,998 --> 00:34:51,089 are knocking over banks, 891 00:34:51,089 --> 00:34:55,397 it is time to sound the alarm. 892 00:34:55,397 --> 00:34:57,878 Millions of people are suffering in this economy. 893 00:34:57,878 --> 00:35:01,099 God forbid they should get the idea to arm themselves 894 00:35:01,099 --> 00:35:04,014 and commit armed robbery. 895 00:35:04,014 --> 00:35:06,060 Today, with your verdict, 896 00:35:06,060 --> 00:35:08,845 you can either defend against anarchy... 897 00:35:08,845 --> 00:35:10,325 or you can join in. 898 00:35:12,719 --> 00:35:14,982 It'’s really that simple. 899 00:35:25,035 --> 00:35:27,777 Elaine Lister took $60,000. 900 00:35:27,777 --> 00:35:30,824 For that, she faces prison. 901 00:35:30,824 --> 00:35:34,654 There are bankers, investors, who essentially stole billions. 902 00:35:34,654 --> 00:35:37,918 Brought this country to near economic collapse. 903 00:35:37,918 --> 00:35:39,876 You know how many have gone to jail? 904 00:35:39,876 --> 00:35:42,444 Zero. None. 905 00:35:42,444 --> 00:35:44,794 All those perpetrators of the mortgage fraud 906 00:35:44,794 --> 00:35:46,100 that crippled our economy, 907 00:35:46,100 --> 00:35:47,667 caused financial ruin for so many-- 908 00:35:47,667 --> 00:35:50,670 not one has even been prosecuted. 909 00:35:50,670 --> 00:35:52,628 But hey, let'’s get Elaine Lister. 910 00:35:54,021 --> 00:35:55,370 Consider the atrocities committed 911 00:35:55,370 --> 00:35:57,590 by the banking industry and the government. 912 00:35:57,590 --> 00:35:59,679 First the deregulation of derivatives, 913 00:35:59,679 --> 00:36:02,029 which paved the way for those credit default swaps 914 00:36:02,029 --> 00:36:04,553 leading to the great mortgage Ponzi scheme. 915 00:36:04,553 --> 00:36:06,120 Then, after those Wall Street 916 00:36:06,120 --> 00:36:07,817 thieves [bleep] us all up the ass... 917 00:36:08,601 --> 00:36:10,211 Can I say that? 918 00:36:11,691 --> 00:36:14,911 Those criminally incompetent hacks in Washington 919 00:36:14,911 --> 00:36:16,435 spent over a trillion dollars 920 00:36:16,435 --> 00:36:18,350 in taxpayer money to bail them out. 921 00:36:18,350 --> 00:36:19,699 With no quid pro quo. 922 00:36:19,699 --> 00:36:21,614 No system put in place to track 923 00:36:21,614 --> 00:36:23,355 how the banks were to use that money. 924 00:36:23,355 --> 00:36:24,486 There were no requirements that they 925 00:36:24,486 --> 00:36:25,966 increase lending to consumers. 926 00:36:25,966 --> 00:36:28,534 Instead, they just stuck it in their own pockets, 927 00:36:28,534 --> 00:36:31,493 took more big bonuses, and as for the rest of us-- 928 00:36:31,493 --> 00:36:33,365 right up the ass again. 929 00:36:33,365 --> 00:36:34,583 Throw '’em all in jail? 930 00:36:34,583 --> 00:36:35,758 How about the ten worst offenders? 931 00:36:35,758 --> 00:36:37,456 How about one? 932 00:36:37,456 --> 00:36:39,109 No, not one. 933 00:36:39,109 --> 00:36:40,937 Not one. 934 00:36:40,937 --> 00:36:43,026 But, hey, let'’s get Elaine Lister. 935 00:36:43,026 --> 00:36:45,420 Goldman Sachs deliberately 936 00:36:45,420 --> 00:36:47,988 duped clients, sold them lousy deals that their firm 937 00:36:47,988 --> 00:36:49,990 then profited from by betting against. 938 00:36:49,990 --> 00:36:51,383 That'’s criminal fraud. 939 00:36:51,383 --> 00:36:53,733 Jail? For anybody? 940 00:36:53,733 --> 00:36:55,169 Nope. 941 00:36:55,169 --> 00:36:56,431 But let'’s get Elaine Lister. 942 00:36:56,431 --> 00:36:58,607 Ms. Mendelsohn says watch out, 943 00:36:58,607 --> 00:36:59,782 we'’ve got social unrest. 944 00:36:59,782 --> 00:37:01,480 Is it any wonder? 945 00:37:01,480 --> 00:37:03,569 These lugnuts in Washington nearly shut down the government 946 00:37:03,569 --> 00:37:05,135 because they can'’t pass a budget, 947 00:37:05,135 --> 00:37:06,876 millions of Americans are going belly-up, 948 00:37:06,876 --> 00:37:10,097 what the hell do they expect? 949 00:37:10,097 --> 00:37:12,665 When a government acts to betray the interests of 950 00:37:12,665 --> 00:37:14,971 its constituents, civil disobedience isn'’t just a right, 951 00:37:14,971 --> 00:37:16,799 but a duty. 952 00:37:18,627 --> 00:37:22,501 Elaine Lister was making a point that day. 953 00:37:22,501 --> 00:37:24,024 She didn'’t wear a mask. 954 00:37:24,024 --> 00:37:25,504 She knew she'’d get caught. 955 00:37:25,504 --> 00:37:27,636 She was in that bank to make a point. 956 00:37:27,636 --> 00:37:29,638 She is not a criminal. 957 00:37:29,638 --> 00:37:31,466 She is a hero. 958 00:37:31,466 --> 00:37:33,512 The Outrageous Government Conduct defense 959 00:37:33,512 --> 00:37:35,078 is pretty simple: 960 00:37:35,078 --> 00:37:37,690 It applies when the government conduct is so outrageous 961 00:37:37,690 --> 00:37:40,910 that it violates fundamental principles of fairness 962 00:37:40,910 --> 00:37:42,869 to prosecute a defendant. 963 00:37:44,349 --> 00:37:47,569 If not now, when? 964 00:37:51,834 --> 00:37:53,575 Government. 965 00:37:53,575 --> 00:37:54,881 Hero. 966 00:37:54,881 --> 00:37:55,795 Government... Hero. 967 00:37:55,795 --> 00:37:56,796 Government. 968 00:37:56,796 --> 00:37:57,927 Hero. 969 00:37:57,927 --> 00:38:02,323 That'’s your choice. 970 00:38:12,855 --> 00:38:15,075 [sighs] 971 00:38:15,075 --> 00:38:17,686 Okay. 972 00:38:17,686 --> 00:38:20,646 As novel as the plaintiffs'’ lawsuit is, 973 00:38:20,646 --> 00:38:23,605 in actuality, I suppose it'’s nothing terribly new. 974 00:38:23,605 --> 00:38:26,086 The President of the United States once called 975 00:38:26,086 --> 00:38:29,045 a White House Summit to address the brutality of football. 976 00:38:29,045 --> 00:38:31,613 A professor from the University of Chicago 977 00:38:31,613 --> 00:38:34,137 once called football, and I quote: 978 00:38:34,137 --> 00:38:37,445 "A boy-killing, man-mutilating, 979 00:38:37,445 --> 00:38:40,405 "money-making, education-prostituting, 980 00:38:40,405 --> 00:38:42,668 gladiatorial sport." 981 00:38:42,668 --> 00:38:46,846 The time was 1905, the president was Theodore Roosevelt. 982 00:38:46,846 --> 00:38:49,065 Since then, the sport 983 00:38:49,065 --> 00:38:51,764 has only gotten exponentially more violent. 984 00:38:51,764 --> 00:38:55,028 What is new, however, is the science. 985 00:38:55,028 --> 00:38:58,161 The discovery of Second Impact Syndrome, 986 00:38:58,161 --> 00:39:01,817 and the revelation that even little hits, in the aggregate, 987 00:39:01,817 --> 00:39:04,603 are causing cognitive decline in the short run, 988 00:39:04,603 --> 00:39:07,475 possibly dementia in the long run. 989 00:39:07,475 --> 00:39:11,000 Players who aren'’t even diagnosed with concussions 990 00:39:11,000 --> 00:39:12,611 are being impacted. 991 00:39:12,611 --> 00:39:15,396 It isn'’t good, folks. 992 00:39:15,396 --> 00:39:16,789 Isn'’t good. 993 00:39:16,789 --> 00:39:20,096 Ms. Korn, you know full well the idea 994 00:39:20,096 --> 00:39:22,838 that America will ban football is preposterous. 995 00:39:22,838 --> 00:39:25,624 Even Harvard, Princeton, and Yale are still playing it. 996 00:39:26,886 --> 00:39:29,671 But I do agree... 997 00:39:29,671 --> 00:39:32,152 sometimes even our most cherished traditions 998 00:39:32,152 --> 00:39:33,806 have to be re-examined. 999 00:39:33,806 --> 00:39:36,678 Especially when they'’re killing our kids. 1000 00:39:36,678 --> 00:39:39,899 Mr. and Mrs. Duggin, do not get your hopes up 1001 00:39:39,899 --> 00:39:42,597 with any jury, trust me. 1002 00:39:42,597 --> 00:39:45,687 But your cause of action will not end with me. 1003 00:39:45,687 --> 00:39:49,082 The defendant'’s motion for summary judgment is denied. 1004 00:39:49,082 --> 00:39:51,519 We are adjourned. 1005 00:39:51,519 --> 00:39:53,782 Well, how about that? 1006 00:39:53,782 --> 00:39:55,523 So we move forward. 1007 00:39:55,523 --> 00:39:56,655 I think that maybe now, at least, 1008 00:39:56,655 --> 00:39:58,004 we can squeeze a settlement, 1009 00:39:58,004 --> 00:39:59,788 which I would strongly encourage. 1010 00:40:05,664 --> 00:40:07,579 This seems very fast. 1011 00:40:07,579 --> 00:40:09,929 Too fast. They deliberated less than an hour. 1012 00:40:09,929 --> 00:40:12,366 It'’s either very good or very bad. 1013 00:40:14,412 --> 00:40:16,805 Still time to plea. You could get nothing. 1014 00:40:20,548 --> 00:40:23,029 JUDGE: The defendant will please rise. 1015 00:40:24,770 --> 00:40:27,729 Okay, Mr. Foreman, the jury has reached a unanimous verdict. 1016 00:40:27,729 --> 00:40:29,688 What say you? 1017 00:40:31,603 --> 00:40:34,562 In the matter of the State of Ohio vs. Elaine Lister, 1018 00:40:34,562 --> 00:40:36,434 on the matter of Aggravated Armed Robbery, 1019 00:40:36,434 --> 00:40:39,001 we the jury find the defendant, Elaine Lister... 1020 00:40:39,001 --> 00:40:41,047 guilty. 1021 00:40:41,047 --> 00:40:43,049 JUDGE: The defendant is remanded into custody. 1022 00:40:43,049 --> 00:40:45,573 Sentencing will be set for next Thursday. 1023 00:40:45,573 --> 00:40:46,879 Members of the jury, the court thanks you. 1024 00:40:46,879 --> 00:40:48,054 You are dismissed. 1025 00:40:48,054 --> 00:40:49,838 This case is adjourned. 1026 00:40:49,838 --> 00:40:52,014 I'’m very sorry.You did your best, Tommy. 1027 00:40:52,014 --> 00:40:53,581 Thank you. Both of you. 1028 00:40:53,581 --> 00:40:55,540 We'’ll look for ways to appeal. 1029 00:40:55,540 --> 00:40:56,715 Hopefully, we do okay in sentencing. 1030 00:40:56,715 --> 00:40:58,804 Thank you. So much. 1031 00:41:02,677 --> 00:41:05,419 CASSIE: You took your best shot, Tommy. 1032 00:41:05,419 --> 00:41:07,421 It was all you could do. 1033 00:41:13,862 --> 00:41:15,821 Oh, come on, Tommy. 1034 00:41:15,821 --> 00:41:17,518 You didn'’t expect to really win, did you? 1035 00:41:17,518 --> 00:41:18,954 You always seem to. 1036 00:41:18,954 --> 00:41:20,434 You had a dead-bang loser. 1037 00:41:20,434 --> 00:41:22,436 I mean, how do you sue football? 1038 00:41:22,436 --> 00:41:25,004 It'’s right up there with apple pie and guns. 1039 00:41:25,004 --> 00:41:28,790 Well, the law may evolve some on football, 1040 00:41:28,790 --> 00:41:30,705 but it'’s going to stay pretty fixed with bank robbers. 1041 00:41:33,447 --> 00:41:36,581 So that sexy voice work for you in court? 1042 00:41:36,581 --> 00:41:38,800 Oh, this cold... I can'’t shake it. 1043 00:41:38,800 --> 00:41:39,801 [gentle laugh] 1044 00:41:39,801 --> 00:41:41,803 Think it'’s sexy? 1045 00:41:41,803 --> 00:41:43,196 [laughing] 1046 00:41:43,196 --> 00:41:45,851 So what now? You take this to a jury? 1047 00:41:45,851 --> 00:41:48,114 I'’m hoping to squeeze some settlement now. 1048 00:41:48,114 --> 00:41:49,942 Maybe even an apology. 1049 00:41:49,942 --> 00:41:51,596 Come on. 1050 00:41:51,596 --> 00:41:53,772 I played football; I got hit in the head many times. 1051 00:41:53,772 --> 00:41:56,775 [laughing] 1052 00:41:56,775 --> 00:41:59,125 Yeah, very funny. 1053 00:41:59,125 --> 00:42:01,127 Seriously, though, a judge is one thing. 1054 00:42:01,127 --> 00:42:03,129 How do you sell a jury? 1055 00:42:03,129 --> 00:42:04,478 Probably don'’t. 1056 00:42:04,478 --> 00:42:06,741 [cheering] 1057 00:42:08,569 --> 00:42:11,050 After all, it'’s football. 1058 00:42:11,050 --> 00:42:14,923 Like you say, right up there with apple pie and guns. 1059 00:42:14,923 --> 00:42:17,360 [cheering, whistling] 1060 00:42:17,360 --> 00:42:19,406 It'’s football. 1061 00:42:19,406 --> 00:42:21,364 Captioning sponsored by WARNER BROS. TELEVISION 1062 00:42:21,364 --> 00:42:23,410 and TOYOTA. 1063 00:42:23,410 --> 00:42:25,368 Captioned by Media Access Group at WGBH access.wgbh.org 1064 00:42:59,141 --> 00:43:01,100 Score, score, score! Ooh!You stinker!