1 00:00:03,612 --> 00:00:06,441 Well, I think you'’ll both be very pleased. 2 00:00:06,441 --> 00:00:08,356 They are prepared to extend an offer of settlement 3 00:00:08,356 --> 00:00:11,663 in the amount of $123,000. 4 00:00:11,663 --> 00:00:13,578 HARRY: You said we'’d be happy with this offer. 5 00:00:13,578 --> 00:00:15,145 I'’m anything but happy, Sam. 6 00:00:15,145 --> 00:00:16,886 In fact, I'’m pretty pissed off. 7 00:00:16,886 --> 00:00:19,454 You have a nail in you head. Take him to the hospital. 8 00:00:19,454 --> 00:00:21,760 I want to be fair, honestly. 9 00:00:21,760 --> 00:00:24,154 What do you think is fair here? 10 00:00:24,154 --> 00:00:25,895 Three million dollars. 11 00:00:25,895 --> 00:00:27,462 Half now, half in six months? 12 00:00:27,462 --> 00:00:29,420 I fired a nail into my head 13 00:00:29,420 --> 00:00:31,857 and you exploited that to negotiate a settlement. 14 00:00:31,857 --> 00:00:33,207 I saw a guy in a wheelchair out front. 15 00:00:33,207 --> 00:00:34,817 Want to go let the air out of his tires? 16 00:00:34,817 --> 00:00:37,211 BERMAN: I'’m happy we worked this out, my dear. 17 00:00:37,211 --> 00:00:38,777 Did that strike you as odd?Odd? [chuckles] 18 00:00:38,777 --> 00:00:40,605 It struck me as nuts. 19 00:00:40,605 --> 00:00:42,520 We thought, well, that'’s Sam Berman. 20 00:00:42,520 --> 00:00:44,218 Let'’s just be good lawyers. 21 00:00:44,218 --> 00:00:46,785 You know, Sam, the little crazy act isn'’t playing, okay? 22 00:00:46,785 --> 00:00:48,265 I'’m not buying it. 23 00:00:48,265 --> 00:00:50,441 Come work for me.Excuse me? 24 00:00:50,441 --> 00:00:53,270 Well, you settle inner office disputes. 25 00:00:53,270 --> 00:00:54,793 You'’re way too good for that. 26 00:00:54,793 --> 00:00:57,883 Give any more thought to...I haven'’t, actually. 27 00:00:57,883 --> 00:00:59,450 But thanks for asking. 28 00:00:59,450 --> 00:01:01,496 I got another idea. You come work with us. 29 00:01:01,496 --> 00:01:03,193 I like doing my own thing. 30 00:01:03,193 --> 00:01:04,629 Fine, come do it with us. 31 00:01:04,629 --> 00:01:06,283 HARRY: God, look at the two of them. 32 00:01:06,283 --> 00:01:07,632 Ten bucks says he tries to kiss her. 33 00:01:07,632 --> 00:01:09,504 You'’re on. 34 00:01:09,504 --> 00:01:11,636 She'’s way too much for him.I know my people. 35 00:01:15,205 --> 00:01:19,209 [marching band playing lively melody] 36 00:01:23,648 --> 00:01:26,695 Evidently, when it rains, they practice in here. 37 00:01:26,695 --> 00:01:29,828 Well, the question is, why the hell are we here? 38 00:01:29,828 --> 00:01:31,700 You still haven'’t been clear on that. 39 00:01:31,700 --> 00:01:34,616 Yes, I have.No, you haven'’t. 40 00:01:38,837 --> 00:01:41,492 [cheerleaders shouting] 41 00:01:43,538 --> 00:01:45,322 Sorry. 42 00:01:45,322 --> 00:01:47,324 There she is. 43 00:01:47,324 --> 00:01:49,326 BOY: Yeah! 44 00:01:52,460 --> 00:01:54,418 Thank you so much for coming. 45 00:01:54,418 --> 00:01:55,724 I thought it was important 46 00:01:55,724 --> 00:01:58,248 that you get a flavor for, you know... 47 00:01:58,248 --> 00:01:59,858 Well, what is this? Just tell me. 48 00:01:59,858 --> 00:02:02,383 Adam wasn'’t very clear. 49 00:02:02,383 --> 00:02:05,473 Uh, well, basically, these are the clients. 50 00:02:05,473 --> 00:02:07,388 You can see they come in bulk, 51 00:02:07,388 --> 00:02:09,477 as do the lawyers, some represent a few, 52 00:02:09,477 --> 00:02:12,741 some represent quite a few, and some, like me, 53 00:02:12,741 --> 00:02:16,919 represent just one. Ours is Seth Carlson, trumpet section. 54 00:02:16,919 --> 00:02:19,487 Why do we work for her? 55 00:02:19,487 --> 00:02:21,880 What do you mean?I mean, I know your gig. 56 00:02:21,880 --> 00:02:23,404 You'’re a fee-splitting middle man. 57 00:02:23,404 --> 00:02:24,970 You get client after client, 58 00:02:24,970 --> 00:02:26,972 and then saddle us up to do the work. 59 00:02:26,972 --> 00:02:29,758 You'’re not as clever as you think. 60 00:02:29,758 --> 00:02:32,761 Do you believe that?No, I think you'’re very clever. 61 00:02:32,761 --> 00:02:35,590 It'’s a weird case. 62 00:02:35,590 --> 00:02:38,245 I'’m still cutting my teeth on the normal ones. 63 00:02:38,245 --> 00:02:40,160 I mean, if you could just show up with me 64 00:02:40,160 --> 00:02:41,639 this afternoon, to pre-trial... 65 00:02:41,639 --> 00:02:44,033 Come on, Harry, there'’s almost 40 co-defendants. 66 00:02:44,033 --> 00:02:46,383 You have to admit this is a little strange. 67 00:02:46,383 --> 00:02:48,516 40 of them are charged with murder? 68 00:02:48,516 --> 00:02:50,822 Indeed. 69 00:02:51,867 --> 00:02:53,695 First Degree. 70 00:03:00,832 --> 00:03:02,921 Look, Alden... 71 00:03:02,921 --> 00:03:04,358 I'’m your friend, right, 72 00:03:05,794 --> 00:03:09,276 I'’m speaking to you as a friend when I say 73 00:03:09,276 --> 00:03:12,801 drop this case; you don'’t want to pursue it. 74 00:03:12,801 --> 00:03:15,804 Let it go, move on with your life. 75 00:03:15,804 --> 00:03:19,895 I can'’t drop it, Mr. Jefferson. 76 00:03:19,895 --> 00:03:24,378 As much as I would like to let it go, I simply cannot. 77 00:03:26,423 --> 00:03:28,773 Okay, you'’ve gone to the DA'’s Office, 78 00:03:28,773 --> 00:03:31,211 you were told there is no case to be made. 79 00:03:31,211 --> 00:03:32,690 Which is why I'’ve come to you, 80 00:03:32,690 --> 00:03:35,476 to help me build that case so we could then can then 81 00:03:35,476 --> 00:03:36,781 take it back to the DA. 82 00:03:39,393 --> 00:03:42,918 Okay, let'’s start by you looking right back here, 83 00:03:42,918 --> 00:03:46,617 right into my eyes. 84 00:03:46,617 --> 00:03:49,446 She raped me. 85 00:03:49,446 --> 00:03:51,796 I did not choose to have sex with her. 86 00:03:53,929 --> 00:03:56,453 It was not consensual and that is a crime, 87 00:03:56,453 --> 00:03:58,542 for which she should be held accountable. 88 00:04:01,893 --> 00:04:03,939 The woman raped me. 89 00:04:18,562 --> 00:04:22,305 SETH: As I said to Phoebe, I didn'’t really throw a punch. 90 00:04:22,305 --> 00:04:24,829 I mean, I did, but not really. 91 00:04:24,829 --> 00:04:26,701 I punch like a girl. 92 00:04:26,701 --> 00:04:31,096 And where did you actually punch him? 93 00:04:31,096 --> 00:04:33,621 I'’m not sure I even did. 94 00:04:33,621 --> 00:04:36,058 I was in the middle, it was kind of like 95 00:04:36,058 --> 00:04:38,016 a big ball of humanity. 96 00:04:38,016 --> 00:04:40,105 I flailed a little in Ryan'’s general direction. 97 00:04:40,105 --> 00:04:43,500 I sort of grazed somebody, but I'’m not sure it was Ryan. 98 00:04:45,763 --> 00:04:48,723 Okay, can you explain to me how this went down? 99 00:04:48,723 --> 00:04:50,681 Well... 100 00:04:50,681 --> 00:04:51,813 it was in here. 101 00:04:51,813 --> 00:04:53,684 At night. 102 00:04:53,684 --> 00:04:56,034 Ryan had on the uniform, the rest of us didn'’t. 103 00:04:56,034 --> 00:04:58,080 That'’s the way it goes-- the one being hazed 104 00:04:58,080 --> 00:05:01,083 wears the uniform, I guess, so people know who to punch. 105 00:05:01,083 --> 00:05:02,780 Or in my case, wave at. 106 00:05:02,780 --> 00:05:04,869 So he started on that end. 107 00:05:04,869 --> 00:05:07,524 Ryan?Yes. 108 00:05:07,524 --> 00:05:09,483 SETH: We were all in the middle, and he had to make it 109 00:05:09,483 --> 00:05:10,919 from one end of the court to the other. 110 00:05:10,919 --> 00:05:13,095 Only, you know, 111 00:05:13,095 --> 00:05:14,749 he didn'’t make it. 112 00:05:16,359 --> 00:05:18,535 He went down right over there. 113 00:05:18,535 --> 00:05:21,930 And, um, he never got up. 114 00:05:21,930 --> 00:05:25,063 And were there some there hitting harder than the others? 115 00:05:25,063 --> 00:05:27,370 To be honest, I couldn'’t tell. 116 00:05:27,370 --> 00:05:29,372 I was mainly ducking 117 00:05:29,372 --> 00:05:32,636 and I had my eyes closed. 118 00:05:32,636 --> 00:05:34,029 I fight like a girl, too. 119 00:05:36,074 --> 00:05:38,599 I think I could beat this if we got an individual trial. 120 00:05:38,599 --> 00:05:40,775 The problem is all our motions to sever have failed. 121 00:05:40,775 --> 00:05:42,080 They'’re trying them all en masse. 122 00:05:42,080 --> 00:05:43,517 That'’s ridiculous. Why? 123 00:05:43,517 --> 00:05:45,040 PHOEBE: Judicial economy, I guess. 124 00:05:45,040 --> 00:05:46,215 I mean, it would cost the state over 125 00:05:46,215 --> 00:05:48,913 $100 million to try them separately. 126 00:05:48,913 --> 00:05:52,613 Well, has the DA even seen this kid? 127 00:05:52,613 --> 00:05:55,006 [chuckles] The lead DA is Upton Cruickshank. 128 00:05:55,006 --> 00:05:56,051 Ugh. 129 00:05:56,051 --> 00:05:58,140 PHOEBE: Come on, Harry. 130 00:06:10,761 --> 00:06:13,242 You got this case?I think in part maybe because 131 00:06:13,242 --> 00:06:15,418 the client knew you got it, but just the same. 132 00:06:15,418 --> 00:06:18,116 What do you want to do? 133 00:06:18,116 --> 00:06:21,206 He claims it wasn'’t consensual. 134 00:06:21,206 --> 00:06:24,732 [scoffs] Even if that were true...Which I think it is. 135 00:06:24,732 --> 00:06:26,734 Proving it. Tommy. 136 00:06:26,734 --> 00:06:29,389 I looked into it; it'’s way more common than you might think. 137 00:06:33,131 --> 00:06:35,830 Look, the best thing is to 138 00:06:35,830 --> 00:06:38,441 probably depose them both, get their stories, 139 00:06:38,441 --> 00:06:40,704 then you and I can talk again. 140 00:06:40,704 --> 00:06:42,619 I might bring in Cassie and Ollie. 141 00:06:42,619 --> 00:06:43,751 Why? 142 00:06:43,751 --> 00:06:46,231 Honestly? 143 00:06:46,231 --> 00:06:47,668 A little perspective. 144 00:06:47,668 --> 00:06:50,845 I could use their take. 145 00:06:50,845 --> 00:06:54,588 Tommy, if it'’s perspective you'’re after, 146 00:06:54,588 --> 00:06:56,677 have you looked into your client'’s 147 00:06:56,677 --> 00:06:58,461 psychological state of mind? 148 00:06:58,461 --> 00:06:59,941 Meaning is he crazy? 149 00:07:01,769 --> 00:07:03,684 I don'’t think so. 150 00:07:03,684 --> 00:07:06,164 If you'’re asking is he'’s traumatized, 151 00:07:06,164 --> 00:07:09,559 I would say very much. 152 00:07:13,215 --> 00:07:15,913 JUDGE BUCKLAND: Okay. So we have 20 lawyers, or lawyer teams 153 00:07:15,913 --> 00:07:17,959 representing 39 defendants. Is that our final count? 154 00:07:17,959 --> 00:07:20,918 It is, Your Honor.And how are we on plea bargaining? 155 00:07:20,918 --> 00:07:22,703 We have offered each defendant Involuntary Manslaughter 156 00:07:22,703 --> 00:07:25,053 with a three-year sentence, 13 accepted that offer 157 00:07:25,053 --> 00:07:27,664 in principle, I'’m expecting another eight or nine to agree, 158 00:07:27,664 --> 00:07:29,753 leaving us 17 or 18 for trial. 159 00:07:29,753 --> 00:07:31,581 And does the defense have a lead counsel? 160 00:07:31,581 --> 00:07:34,062 I'’m told the attorney representing the most defendants... 161 00:07:34,062 --> 00:07:36,064 BERMAN: That would be me, Your Honor! Sorry I'’m late. 162 00:07:36,064 --> 00:07:39,502 Wow, Judge! Lookie here, we got one charge 163 00:07:39,502 --> 00:07:41,896 fitting 39 defendants. 164 00:07:41,896 --> 00:07:43,027 [chuckles]: Imagine that. 165 00:07:43,027 --> 00:07:44,333 Gee willikers, 166 00:07:44,333 --> 00:07:47,858 all 39 boys lumped into one big category. 167 00:07:47,858 --> 00:07:50,382 Try them in bulk, Costco justice. 168 00:07:50,382 --> 00:07:52,254 Love it. Love it. Love it. 169 00:07:52,254 --> 00:07:54,604 Mr. Berman, if you'’re winding up for another motion to sever, 170 00:07:54,604 --> 00:07:57,564 don'’t bother.Hey, how about a good ol'’ motion to dismiss then, 171 00:07:57,564 --> 00:07:59,914 on grounds that this thing is utterly ridiculous. 172 00:07:59,914 --> 00:08:01,785 Show of hands, how many think this is ridiculous? 173 00:08:05,876 --> 00:08:08,096 Mr. Berman...BERMAN: It'’s hazing, what'’s the biggie? 174 00:08:08,096 --> 00:08:11,229 It'’s cultural, we'’re raised to haze, are we not? 175 00:08:11,229 --> 00:08:13,928 we have clubs, we have initiations. 176 00:08:13,928 --> 00:08:15,973 This is a marching band, for God'’s sake. 177 00:08:15,973 --> 00:08:19,107 They toot their trumpets and blow their little horns. 178 00:08:19,107 --> 00:08:21,065 I'’m sure some would be happy to blow yours 179 00:08:21,065 --> 00:08:23,938 in chambers, if that would help. Show of hands, anybody? 180 00:08:23,938 --> 00:08:25,113 You think that'’s funny? 181 00:08:25,113 --> 00:08:26,288 [snickers] Funny? 182 00:08:26,288 --> 00:08:29,683 No, what'’s funny is this case. 183 00:08:29,683 --> 00:08:32,250 What'’s funny is this is a band, 184 00:08:32,250 --> 00:08:35,123 and this band exists to play at football games. 185 00:08:35,123 --> 00:08:37,255 Heard of football, Judgie, it'’s a contest 186 00:08:37,255 --> 00:08:40,128 where big muscle-bound behemoths bash their heads 187 00:08:40,128 --> 00:08:42,260 into each other, causing lifelong damage, 188 00:08:42,260 --> 00:08:46,221 sometimes death-- we love it, we cheer, we spend wads of money 189 00:08:46,221 --> 00:08:49,354 to support it. And here we have a band with one isolated, 190 00:08:49,354 --> 00:08:52,270 freakish, tragic result, and whoosh, 191 00:08:52,270 --> 00:08:56,144 let'’s haul'’em all in on murder charges. Are we serious? 192 00:08:56,144 --> 00:08:58,886 BUCKLAND: Am I to understand, Mr. Berman that you are 193 00:08:58,886 --> 00:09:01,105 taking the lead role in handling the defense? 194 00:09:01,105 --> 00:09:03,804 WALSH: Hector Walsh, Judge. 195 00:09:03,804 --> 00:09:06,371 Representing Simon Bensworth and Colin Stark. 196 00:09:06,371 --> 00:09:08,765 We have a defendants'’ lawyers meeting set up for tonight, 197 00:09:08,765 --> 00:09:10,767 but it is our assumption that each of us 198 00:09:10,767 --> 00:09:11,899 will be afforded opportunity to adequately 199 00:09:11,899 --> 00:09:14,118 defend our respective clients. 200 00:09:14,118 --> 00:09:16,164 BUCKLAND: Yes, Mr. Walsh, as I'’ve made clear, 201 00:09:16,164 --> 00:09:18,427 you will each get opportunity, but we will not be chewing 202 00:09:18,427 --> 00:09:19,776 the same food over and over. 203 00:09:19,776 --> 00:09:21,778 Otherwise we'’ll be here for years. 204 00:09:21,778 --> 00:09:23,824 I expect you to consolidate where appropriate 205 00:09:23,824 --> 00:09:27,784 and have one or two lawyers, tops leading the charge. 206 00:09:27,784 --> 00:09:30,308 And that'’ll be me, Judgie, captain of the team. 207 00:09:30,308 --> 00:09:32,136 Don'’t you just love teams? If only we had 208 00:09:32,136 --> 00:09:34,182 a band to go with it. Oh, right, we do! 209 00:09:34,182 --> 00:09:35,879 Boxcars. [chuckles] 210 00:09:35,879 --> 00:09:37,838 He'’s gotten worse.Tell me. 211 00:09:53,070 --> 00:09:54,768 ADAM: Has he gone nuts? 212 00:09:54,768 --> 00:09:56,944 [chuckles] Well... 213 00:09:56,944 --> 00:09:58,815 the thing about Sam is, it'’s always hard to tell. 214 00:09:58,815 --> 00:10:02,819 I mean, he traded on being unpredictable and mercurial. 215 00:10:02,819 --> 00:10:05,169 I think he was trading a little too much on it there. 216 00:10:05,169 --> 00:10:08,303 There'’s no way we can let him spearhead this case. 217 00:10:08,303 --> 00:10:11,045 Well, let'’s just see how this meeting plays out. 218 00:10:11,045 --> 00:10:12,655 He might surprise you. 219 00:10:12,655 --> 00:10:14,004 That I don'’t doubt. 220 00:10:14,004 --> 00:10:16,311 Let'’s go. 221 00:10:20,141 --> 00:10:22,230 WALSH: Okay, then... first order of business 222 00:10:22,230 --> 00:10:23,927 should be to select our lead attorney. 223 00:10:23,927 --> 00:10:25,320 Obviously one who might represent 224 00:10:25,320 --> 00:10:27,931 the best spokesperson for the entire group. 225 00:10:27,931 --> 00:10:29,933 Well, Hector, I thought we previously agreed 226 00:10:29,933 --> 00:10:31,674 to let that be a function of math, 227 00:10:31,674 --> 00:10:34,982 whoever represents the most defendants-- I have six. 228 00:10:39,334 --> 00:10:41,205 Well, Sam, I guess what I'’m suggesting, 229 00:10:41,205 --> 00:10:44,208 is that we not let this be a mathematical equation. 230 00:10:46,341 --> 00:10:49,344 Sam, you came off a bit erratic to me. 231 00:10:49,344 --> 00:10:51,215 Erratic, gee. [chuckles] 232 00:10:51,215 --> 00:10:53,043 That'’s quite a conclusion. 233 00:10:53,043 --> 00:10:54,828 We got a lot of psychology degrees among us tonight. 234 00:10:54,828 --> 00:10:56,525 See, the thing is, Hector, and 235 00:10:56,525 --> 00:10:59,397 forgive me if it seems like the rest of you already get it, 236 00:10:59,397 --> 00:11:03,010 whereas perhaps Hector... Boo! 237 00:11:03,010 --> 00:11:05,055 What Hector fails to realize 238 00:11:05,055 --> 00:11:06,274 is that erratic... 239 00:11:06,274 --> 00:11:09,146 Boo! 240 00:11:09,146 --> 00:11:13,107 Erratic can be good, it can keep the opposition off stride. 241 00:11:13,107 --> 00:11:16,240 It'’s quite a thing when the world... geez, it'’s hot, 242 00:11:18,199 --> 00:11:21,724 when the world doesn'’t have a clue as to what you'’ll do next, 243 00:11:21,724 --> 00:11:23,987 they come in ready to play a chess game, 244 00:11:23,987 --> 00:11:26,381 and what do you know? Turns out the game 245 00:11:26,381 --> 00:11:30,385 isn'’t so much chess after all. 246 00:11:30,385 --> 00:11:32,343 It'’s checkers! 247 00:11:37,871 --> 00:11:39,699 You see? 248 00:11:41,265 --> 00:11:44,878 By the time you'’ve figured out what the game is, 249 00:11:44,878 --> 00:11:47,271 Sam Berman has already won it. 250 00:11:47,271 --> 00:11:50,927 [grunts]WALSH: Uh, that being said, 251 00:11:50,927 --> 00:11:53,974 we still feel we'’d be better served 252 00:11:53,974 --> 00:11:55,932 by somebody else on the front line. 253 00:11:55,932 --> 00:12:00,720 Oh, do you now, and just how many agree? Hm? 254 00:12:12,993 --> 00:12:15,735 BERMAN: Oh... well, then. 255 00:12:15,735 --> 00:12:18,085 I stand corrected. 256 00:12:18,085 --> 00:12:19,390 I apologize. 257 00:12:21,436 --> 00:12:23,873 May I ask a silly question? 258 00:12:23,873 --> 00:12:25,919 Has anybody bothered to challenge 259 00:12:25,919 --> 00:12:27,268 the Felony Murder Rule? 260 00:12:29,009 --> 00:12:30,924 On what grounds?It'’s dumb. 261 00:12:30,924 --> 00:12:32,316 HARRY: It is. It'’s a dumb rule. 262 00:12:32,316 --> 00:12:34,841 At least when you apply it like this. 263 00:12:34,841 --> 00:12:38,192 If we get it tossed, then all these cases go away. 264 00:12:39,976 --> 00:12:43,937 The Felony Murder Rule has been around longer than all of us. 265 00:12:43,937 --> 00:12:45,460 HARRY: Oh, well, then. 266 00:12:45,460 --> 00:12:47,070 You didn'’t tell me it was old. 267 00:12:47,070 --> 00:12:49,943 I guess that settles it. 268 00:12:50,944 --> 00:12:52,032 Yes, Miss... 269 00:12:52,032 --> 00:12:53,990 Oh, Blake. Phoebe Blake. 270 00:12:53,990 --> 00:12:56,036 Speaking as someone who hasn'’t been around 271 00:12:56,036 --> 00:12:58,342 longer than all of you or... 272 00:12:58,342 --> 00:13:00,301 any of you... 273 00:13:00,301 --> 00:13:02,259 it would be the quickest out, getting the court 274 00:13:02,259 --> 00:13:04,044 to set aside the Felony Murder Rule. 275 00:13:04,044 --> 00:13:06,829 Why not let Harry take a shot? 276 00:13:10,441 --> 00:13:12,835 I'’ve seen her. 277 00:13:12,835 --> 00:13:14,924 She'’s really good. 278 00:13:20,495 --> 00:13:22,192 [groans] 279 00:13:25,152 --> 00:13:27,458 AMANDA: Okay, so we all know how a deposition works. 280 00:13:27,458 --> 00:13:29,460 I'’ll try to keep this one brief, Mr. Mills. 281 00:13:29,460 --> 00:13:33,290 Okay, we'’re all here today because you say that 282 00:13:33,290 --> 00:13:36,119 this woman made you sleep with her. 283 00:13:36,119 --> 00:13:39,470 Why don'’t you tell us exactly what happened? 284 00:13:39,470 --> 00:13:41,168 [sighs] 285 00:13:41,168 --> 00:13:43,170 Well, we met at an office party. 286 00:13:43,170 --> 00:13:45,259 She had come with somebody else, but... 287 00:13:45,259 --> 00:13:47,478 we met by the bar. 288 00:13:53,180 --> 00:13:56,879 ALDEN: We spoke for a while... flirted, I guess. 289 00:13:56,879 --> 00:13:59,534 There was music playing, so we decided to dance. 290 00:13:59,534 --> 00:14:02,493 It was a slow song, 291 00:14:02,493 --> 00:14:05,105 very sexy. 292 00:14:05,105 --> 00:14:07,411 I guess we were dancing in a way that angered her escort, 293 00:14:07,411 --> 00:14:09,196 and he left without her. 294 00:14:09,196 --> 00:14:11,154 So, now, she was stuck without a ride, 295 00:14:11,154 --> 00:14:14,070 so I decided to give her a lift. 296 00:14:14,070 --> 00:14:17,030 We talked a bit more in the car. 297 00:14:17,030 --> 00:14:19,293 So then leaned over to say good night. 298 00:14:19,293 --> 00:14:22,165 We kissed. 299 00:14:22,165 --> 00:14:25,386 It was a very inviting kiss. 300 00:14:25,386 --> 00:14:28,345 She then asked me to come in for a nightcap. 301 00:14:28,345 --> 00:14:30,521 And you accepted.Which I shouldn'’t have. 302 00:14:30,521 --> 00:14:31,914 But you did. 303 00:14:33,263 --> 00:14:37,050 Yes. So, we went inside and had a drink. 304 00:14:37,050 --> 00:14:39,574 One drink?Two. 305 00:14:39,574 --> 00:14:40,967 Then what happened? 306 00:14:40,967 --> 00:14:44,057 We began kissing... 307 00:14:44,057 --> 00:14:47,582 rather passionately, like two kids in high school. 308 00:14:47,582 --> 00:14:48,626 AMANDA: Did she know you were married? 309 00:14:48,626 --> 00:14:50,411 Yes, because I kept saying 310 00:14:50,411 --> 00:14:52,630 "this is wrong, I can'’t do this, I'’m married." 311 00:14:52,630 --> 00:14:54,328 But it was consensual? 312 00:14:54,328 --> 00:14:56,678 At this point, completely. 313 00:14:56,678 --> 00:14:58,114 At least, so I thought. 314 00:14:58,114 --> 00:14:59,507 AMANDA: So you thought? 315 00:14:59,507 --> 00:15:01,683 I now believe she put something in my drinks. 316 00:15:01,683 --> 00:15:04,120 This was so out of character for me, I'’m convinced she... 317 00:15:04,120 --> 00:15:06,340 Alden, come on!AMANDA: Oh, what, okay. You think that she 318 00:15:06,340 --> 00:15:09,343 drugged you, Mr. Mills?ALDEN: Either with the date-rap drug or something. 319 00:15:09,343 --> 00:15:12,085 Did you black out?No, I never lost consciousness, 320 00:15:12,085 --> 00:15:13,651 but... 321 00:15:13,651 --> 00:15:16,741 I wasn'’t myself. 322 00:15:16,741 --> 00:15:19,396 And I was loopy. Look, I was definitely kissing back. 323 00:15:19,396 --> 00:15:22,095 My hands were roving as much as hers but... 324 00:15:22,095 --> 00:15:23,705 suddenly, she had my pants down. 325 00:15:23,705 --> 00:15:25,272 And that'’s where I drew the line. 326 00:15:25,272 --> 00:15:26,751 I said "whoa, whoa." But she didn'’t stop. 327 00:15:26,751 --> 00:15:28,971 And then, all of a sudden, she was... 328 00:15:30,364 --> 00:15:32,366 ...performing oral sex on me. 329 00:15:34,455 --> 00:15:36,761 AMANDA: Excuse me?It lasted seconds 330 00:15:36,761 --> 00:15:38,633 because I jumped back, I was so startled. 331 00:15:38,633 --> 00:15:41,027 I said "I can'’t, I'’m married." 332 00:15:41,027 --> 00:15:44,508 She giggled and said, "Sorry." 333 00:15:44,508 --> 00:15:45,640 And we started kissing again. 334 00:15:45,640 --> 00:15:47,468 And then I fell back onto the sofa. 335 00:15:47,468 --> 00:15:48,469 Like I said, 336 00:15:48,469 --> 00:15:50,297 I was light-headed and loopy. 337 00:15:50,297 --> 00:15:52,473 And before I even realized, she was on top of me, and... 338 00:15:54,605 --> 00:15:58,305 ...I was inside her. 339 00:15:58,305 --> 00:15:59,697 You were having intercourse. 340 00:15:59,697 --> 00:16:01,395 ALDEN: I would say she was having intercourse. 341 00:16:01,395 --> 00:16:03,179 I was laying there. 342 00:16:05,355 --> 00:16:06,704 You were just laying there? 343 00:16:06,704 --> 00:16:08,184 I think I said, "No, this can'’t happen. 344 00:16:08,184 --> 00:16:09,316 This can'’t happen." 345 00:16:09,316 --> 00:16:10,491 But she didn'’t stop, and then... 346 00:16:12,145 --> 00:16:13,624 Then what? 347 00:16:16,192 --> 00:16:17,672 Then what, Mr. Mills? 348 00:16:23,504 --> 00:16:25,767 I climaxed. 349 00:16:50,618 --> 00:16:52,054 Come in. 350 00:16:52,054 --> 00:16:54,100 I'’m still having a hard time understanding 351 00:16:54,100 --> 00:16:56,145 this Felony Murder Rule. 352 00:16:58,278 --> 00:17:01,020 Well, basically, it'’s a prosecutor'’s tool. 353 00:17:01,020 --> 00:17:05,633 It allows them to skip over proving elements of the crime. 354 00:17:05,633 --> 00:17:08,070 Intent is a big element of any homicide. 355 00:17:08,070 --> 00:17:10,855 Now, here, obviously, Seth didn'’t mean to harm the victim, 356 00:17:10,855 --> 00:17:13,902 and possibly none of the boys did. 357 00:17:13,902 --> 00:17:16,687 But with felony murder, all the prosecution has to show 358 00:17:16,687 --> 00:17:18,950 is that they were committing an underlying felony, 359 00:17:18,950 --> 00:17:21,997 and something bad resulted. 360 00:17:21,997 --> 00:17:24,217 Even when it'’s completely unforeseeable? 361 00:17:24,217 --> 00:17:27,133 I understand if a person commits arson 362 00:17:27,133 --> 00:17:30,571 and somebody inadvertently dies, but here, 363 00:17:30,571 --> 00:17:33,965 this band has been doing this initiation thing for 50 years. 364 00:17:33,965 --> 00:17:35,880 Nobody'’s even been hurt. 365 00:17:35,880 --> 00:17:38,057 This kid died of a heart attack. 366 00:17:38,057 --> 00:17:39,928 It'’s not fair. 367 00:17:39,928 --> 00:17:43,018 It'’s why almost all of countries who used to 368 00:17:43,018 --> 00:17:44,976 have this rule have now abolished it. 369 00:17:44,976 --> 00:17:46,195 But here in the United States, 370 00:17:46,195 --> 00:17:47,849 in order to get rid of it, 371 00:17:47,849 --> 00:17:49,981 you would have to have a member of Congress amend the law. 372 00:17:49,981 --> 00:17:51,983 And none of them wants to do that, 373 00:17:51,983 --> 00:17:54,943 because they don'’t want to be accused of being soft on crime. 374 00:17:56,118 --> 00:17:59,078 It sucks, I won'’t kid you. 375 00:17:59,078 --> 00:18:01,515 But that'’s what we'’re up against. 376 00:18:05,127 --> 00:18:07,216 I don'’t dispute Alden'’s version of events. 377 00:18:07,216 --> 00:18:09,740 They pretty much happened as he said. 378 00:18:09,740 --> 00:18:11,829 Except for the notion that the sex wasn'’t consensual. 379 00:18:12,830 --> 00:18:14,049 Who undid his trousers? 380 00:18:14,049 --> 00:18:15,746 Well, everything was happening so fast, 381 00:18:15,746 --> 00:18:18,749 I believe that it was his hands that were on my breasts, 382 00:18:18,749 --> 00:18:20,925 and the ones that were on his belt were mine. 383 00:18:20,925 --> 00:18:22,797 TOMMY: And as for the oral sex? 384 00:18:22,797 --> 00:18:25,016 I might have taken a little bit of an initiative there. 385 00:18:25,016 --> 00:18:26,366 In fact, he jumped back, didn'’t he? 386 00:18:26,366 --> 00:18:28,585 [gentle laugh]This is funny? 387 00:18:28,585 --> 00:18:31,153 This is anything but funny, Mr. Jefferson. 388 00:18:31,153 --> 00:18:33,634 I'’m being sued.But you smiled just the same. 389 00:18:33,634 --> 00:18:35,026 CECILIA: I smiled at the suggestion 390 00:18:35,026 --> 00:18:38,247 that he was either horrified or unappreciative. 391 00:18:38,247 --> 00:18:39,727 Why did he jump back, then? 392 00:18:41,294 --> 00:18:43,774 Married men often do the "I'’m faithful" dance 393 00:18:43,774 --> 00:18:46,299 right before they commit adultery. 394 00:18:46,299 --> 00:18:47,822 You'’ve been with married men before? 395 00:18:47,822 --> 00:18:49,780 Objection. Rape Shield.No, no, no, no. 396 00:18:49,780 --> 00:18:52,609 Rape Shield doesn'’t apply in civil cases. It'’s open season. 397 00:18:52,609 --> 00:18:54,263 You'’ve been with married men before? 398 00:18:56,787 --> 00:18:59,007 It'’s happened. 399 00:18:59,007 --> 00:19:00,791 How many?Objection. 400 00:19:00,791 --> 00:19:03,620 It'’s fair game, Counsel. Welcome to our world. 401 00:19:03,620 --> 00:19:05,840 How many? 402 00:19:05,840 --> 00:19:06,971 Two, three. 403 00:19:06,971 --> 00:19:08,886 Which is it?Three. 404 00:19:08,886 --> 00:19:10,323 Could I have their names, please? 405 00:19:10,323 --> 00:19:12,629 Look, I really don'’t want to hurt these men. 406 00:19:12,629 --> 00:19:15,284 Oh, in that case... tough. Names, please? 407 00:19:15,284 --> 00:19:18,331 This is over.Fine, we'’ll go to the judge, move for costs, get an order, 408 00:19:18,331 --> 00:19:21,290 and do it all over again.You will not use this as a fishing expedition. 409 00:19:21,290 --> 00:19:22,161 That'’s exactly what I'’ll do. 410 00:19:24,293 --> 00:19:25,686 AMANDA: Let'’s go, Cecilia. 411 00:19:37,219 --> 00:19:41,310 Oh, gee. Sam, what a nice surprise. 412 00:19:41,310 --> 00:19:45,140 You threw me under the bus, Harry. 413 00:19:46,750 --> 00:19:50,058 They staged a mutiny, threw me right under the Greyhound, 414 00:19:50,058 --> 00:19:53,670 and you raised your hand. 415 00:19:53,670 --> 00:19:57,848 Look, you know me, I'’d be more than delighted 416 00:19:57,848 --> 00:20:00,242 to toss you under the bus and drive the bus. 417 00:20:00,242 --> 00:20:03,202 But that'’s not what I was doing. 418 00:20:03,202 --> 00:20:06,770 Ever since you took that nail... 419 00:20:06,770 --> 00:20:09,164 Sam, you'’re not well. 420 00:20:13,429 --> 00:20:15,214 I'’m happy. 421 00:20:18,434 --> 00:20:22,308 I appreciate the little things in life in a way I haven'’t. 422 00:20:25,702 --> 00:20:28,488 Do you know what I did the other day? 423 00:20:28,488 --> 00:20:32,405 I took out the lawn sprinkler-- 424 00:20:32,405 --> 00:20:34,450 you know, the old kind, 425 00:20:34,450 --> 00:20:35,756 the one that goes back and forth, 426 00:20:35,756 --> 00:20:38,454 the ones we used to jump through, as kids, 427 00:20:38,454 --> 00:20:40,369 on hot summer days. 428 00:20:40,369 --> 00:20:42,415 I set it up, 429 00:20:42,415 --> 00:20:46,201 pulled out a lawn chair, poured myself a glass of wine... 430 00:20:46,201 --> 00:20:50,031 and I just watched it sprinkle. 431 00:20:50,031 --> 00:20:52,381 Back and forth. 432 00:20:52,381 --> 00:20:55,036 Back and forth. Back and forth. 433 00:20:55,036 --> 00:20:56,907 [sighs] 434 00:20:59,040 --> 00:21:02,173 It was joyous. 435 00:21:04,437 --> 00:21:08,005 Do you remember those days, Harry? 436 00:21:08,005 --> 00:21:10,138 I do. 437 00:21:13,054 --> 00:21:16,884 Sam, you need to get some help. 438 00:21:18,233 --> 00:21:20,279 I'’m fine. 439 00:21:20,279 --> 00:21:24,718 I am the most fine I'’ve been in a long time. 440 00:21:33,292 --> 00:21:37,165 ♪ ♪ 441 00:21:44,215 --> 00:21:47,436 You want me to toss the Felony Murder Rule? 442 00:21:47,436 --> 00:21:49,569 For this case, yes. 443 00:21:49,569 --> 00:21:53,529 This rule has been designed as a prosecutorial shortcut 444 00:21:53,529 --> 00:21:56,227 to get convictions for people when there is no evidence... 445 00:21:56,227 --> 00:21:58,534 Ms. Korn, I'’m not about to throw out the Felony Murder Rule. 446 00:21:58,534 --> 00:22:00,319 Judge, its application here is ludicrous. 447 00:22:00,319 --> 00:22:03,060 I want you to watch this tape. It'’s been edited together 448 00:22:03,060 --> 00:22:05,367 with various cell phone recordings of the event 449 00:22:05,367 --> 00:22:07,238 made by the band members themselves. 450 00:22:07,238 --> 00:22:12,374 BAND: Whoo-whoo-whoo-whoo-whoo-whoo- whoo-whoo-whoo-whoo-whoo-whoo- 451 00:22:12,374 --> 00:22:15,203 whoo-whoo-whoo-whoo- whoo-whoo-whoo-whoo! 452 00:22:15,203 --> 00:22:16,770 [band cheering] 453 00:22:27,215 --> 00:22:29,696 [cheering, whooping] 454 00:22:31,088 --> 00:22:34,048 [band cheering, applauding] 455 00:22:34,048 --> 00:22:35,528 BOY: Yeah, yeah! 456 00:22:40,489 --> 00:22:41,534 Ryan? 457 00:22:45,320 --> 00:22:47,366 Ryan, look at me. 458 00:22:47,366 --> 00:22:50,630 BOY: What'’s going on? You all right? 459 00:22:50,630 --> 00:22:53,284 Call 911! 460 00:22:53,284 --> 00:22:57,114 What you saw was primarily a celebratory ritual. 461 00:22:57,114 --> 00:22:59,508 And when it became clear that Ryan was in distress, 462 00:22:59,508 --> 00:23:02,555 the mood shifted to concern and then to rescue. 463 00:23:02,555 --> 00:23:03,904 Your Honor, she'’s arguing the elements. 464 00:23:03,904 --> 00:23:06,297 No, I'’m just establishing a context. 465 00:23:06,297 --> 00:23:08,691 And I'’m not denying that violence happened there; 466 00:23:08,691 --> 00:23:10,301 brutal violence. 467 00:23:10,301 --> 00:23:12,826 The public is outraged, the story'’s gone viral, 468 00:23:12,826 --> 00:23:15,263 you got of the media calling out for blood justice, 469 00:23:15,263 --> 00:23:17,787 and as a result, you'’ve got a DA'’s Office 470 00:23:17,787 --> 00:23:19,441 under pressure to get that justice. 471 00:23:19,441 --> 00:23:21,051 I mean, what he really wants here is 472 00:23:21,051 --> 00:23:22,966 Involuntary Manslaughter. 473 00:23:22,966 --> 00:23:26,535 And he'’s using the Felony Murder Rule as a means to plea bargain. 474 00:23:26,535 --> 00:23:28,189 It'’s bad faith. And many members 475 00:23:28,189 --> 00:23:30,713 of the band never so much as threw a punch, 476 00:23:30,713 --> 00:23:33,324 He knows that, and he'’s seeking murder? 477 00:23:33,324 --> 00:23:35,414 I'’ve offered many of these band members complete outs, 478 00:23:35,414 --> 00:23:36,893 including your client. 479 00:23:36,893 --> 00:23:38,721 Only if he would give you testimony to hang 480 00:23:38,721 --> 00:23:41,594 the others, which he couldn'’t because he had his eyes closed! 481 00:23:41,594 --> 00:23:44,597 You'’re using the Felony Murder Rule as a weapon to extort. 482 00:23:44,597 --> 00:23:48,731 It'’s blackmail; it'’s either manslaughter or prison 483 00:23:48,731 --> 00:23:51,299 for potential life-- I mean, what the hell is that? 484 00:23:51,299 --> 00:23:53,170 Maybe you should talk to the mother of the boy 485 00:23:53,170 --> 00:23:54,824 who was beaten to death by this swarm... 486 00:23:54,824 --> 00:23:56,347 Okay, the boy had a coronary. 487 00:23:56,347 --> 00:23:58,262 I'’m sure that was foreseeable, right? 488 00:23:58,262 --> 00:24:01,527 18-year-olds have heart attacks every day! 489 00:24:01,527 --> 00:24:02,832 All right, Ms. Korn, I get your point. 490 00:24:02,832 --> 00:24:06,488 Mr. Cruickshank, how do you respond? 491 00:24:06,488 --> 00:24:11,362 Ms. Korn doesn'’t like the Felony Murder Rule, 492 00:24:11,362 --> 00:24:13,495 thinks it should be repealed. Fine. 493 00:24:13,495 --> 00:24:16,237 Her recourse is with the legislature. 494 00:24:16,237 --> 00:24:19,849 Your job, Your Honor, is to interpret and apply the law. 495 00:24:19,849 --> 00:24:22,591 Ms. Korn would like you to rewrite it. 496 00:24:22,591 --> 00:24:25,725 That is not your job nor, fortunately, your right. 497 00:24:25,725 --> 00:24:28,205 Now, as to whether the Felony Murder Rule has 498 00:24:28,205 --> 00:24:29,946 been misapplied here, I think not. 499 00:24:29,946 --> 00:24:32,558 Yes, the cause of death here, medically speaking, 500 00:24:32,558 --> 00:24:34,647 was a coronary. So what? 501 00:24:34,647 --> 00:24:36,562 The statute applies to deaths that are accidental 502 00:24:36,562 --> 00:24:38,172 as well as deliberate. 503 00:24:38,172 --> 00:24:41,044 So, yes, if a victim has a heart attack during a robbery 504 00:24:41,044 --> 00:24:44,570 and dies, those robbers can be charged with Felony Murder. 505 00:24:44,570 --> 00:24:47,268 The same is true for when the victim is a young man 506 00:24:47,268 --> 00:24:50,271 who'’s been beaten by a gang of 39, 507 00:24:50,271 --> 00:24:51,925 which this victim was. 508 00:24:51,925 --> 00:24:55,363 And speaking of gangs, we'’ve had many deaths recently 509 00:24:55,363 --> 00:24:56,407 from gang jumping-in initiations, 510 00:24:56,407 --> 00:24:58,758 almost exactly like this. 511 00:24:58,758 --> 00:25:01,238 A young man decides to join a gang, 512 00:25:01,238 --> 00:25:02,892 goes through the initiation known as "jumping-in," 513 00:25:02,892 --> 00:25:04,677 where other gang members punch him. 514 00:25:04,677 --> 00:25:07,462 On occasion, the result is death. 515 00:25:07,462 --> 00:25:10,247 And we punish for murder. 516 00:25:10,247 --> 00:25:14,338 But here, because the violent gang members wear uniforms, 517 00:25:14,338 --> 00:25:16,515 go to college and play trumpets... 518 00:25:16,515 --> 00:25:21,345 we supposed to smile and just say, "Boys will be boys"? 519 00:25:21,345 --> 00:25:23,870 I think not. 520 00:25:28,701 --> 00:25:32,574 The Felony Murder Rule hurts Ms. Korn'’s client, 521 00:25:32,574 --> 00:25:34,402 so she doesn'’t like it. 522 00:25:34,402 --> 00:25:37,884 An innocent boy is dead. 523 00:25:37,884 --> 00:25:39,494 I don'’t like that. 524 00:25:41,975 --> 00:25:45,544 I believe there'’s a few more folks on my side of the fence. 525 00:25:51,680 --> 00:25:53,290 ADAM: Doesn'’t look good, Harry. 526 00:25:53,290 --> 00:25:54,944 The judge cut me off. 527 00:25:54,944 --> 00:25:56,467 Said I'’d made my points 528 00:25:56,467 --> 00:25:57,817 when I hadn'’t made all my points. 529 00:25:57,817 --> 00:25:59,209 He cut me off. 530 00:25:59,209 --> 00:26:00,994 Well, if you have more to say, I'’d say it. 531 00:26:00,994 --> 00:26:02,952 He'’s not about to let me make another statement. 532 00:26:02,952 --> 00:26:04,258 Well, give him a chance. 533 00:26:04,258 --> 00:26:06,216 Harry, if the Felony 534 00:26:06,216 --> 00:26:07,391 Murder Rule stays, 535 00:26:07,391 --> 00:26:09,611 Seth Carlson is looking at prison. 536 00:26:09,611 --> 00:26:12,919 If you get it quashed, he probably walks free. 537 00:26:12,919 --> 00:26:15,791 That'’s true for a lot of those boys. 538 00:26:15,791 --> 00:26:22,755 As they say in sports, you need to leave it all on the field. 539 00:26:35,332 --> 00:26:37,987 We haven'’t given up. 540 00:26:37,987 --> 00:26:40,468 We'’re still investigating. 541 00:26:40,468 --> 00:26:42,688 But...? 542 00:26:45,691 --> 00:26:49,390 It'’s our opinion... 543 00:26:52,828 --> 00:26:55,788 Alden, you took her home. 544 00:26:55,788 --> 00:26:59,618 The sex-- at least the beginning of it-- was consensual. 545 00:27:05,014 --> 00:27:07,364 I think you need to let this one go. 546 00:27:12,021 --> 00:27:13,544 I'’m sorry. 547 00:27:16,765 --> 00:27:19,594 Would you say that to a woman? 548 00:27:20,900 --> 00:27:23,467 By starting to get physical, 549 00:27:23,467 --> 00:27:27,689 she loses the right to say "stop"? 550 00:27:27,689 --> 00:27:29,343 You would never say that. 551 00:27:32,694 --> 00:27:35,001 No, I wouldn'’t. 552 00:27:35,001 --> 00:27:37,481 Then why? 553 00:27:39,658 --> 00:27:44,010 I had it coming? 554 00:27:44,010 --> 00:27:47,143 '’Cause I went inside, I deserved it? 555 00:27:49,580 --> 00:27:52,975 We draw different presumptions with men. 556 00:27:52,975 --> 00:27:54,542 Fair or not, we do. 557 00:27:56,413 --> 00:27:59,460 And the presumption here would be against you. 558 00:28:03,420 --> 00:28:07,729 You need to let it go. 559 00:28:07,729 --> 00:28:12,560 Do you really think I'’d be here if I could? 560 00:28:18,174 --> 00:28:21,003 How do you tell a rape victim... 561 00:28:21,003 --> 00:28:22,788 "just let it go"? 562 00:28:40,414 --> 00:28:44,287 A band? What kind of a band is that? 563 00:28:44,287 --> 00:28:49,205 A band that brutally beats a fellow band member to death? 564 00:28:49,205 --> 00:28:51,077 And what kind of a lawyer would 565 00:28:51,077 --> 00:28:54,297 possibly, morally be able to defend them? 566 00:28:54,297 --> 00:28:56,386 They'’re like a pack of wild animals. 567 00:28:56,386 --> 00:28:59,563 But we have a name for that kind of lawyer, don'’t we? 568 00:28:59,563 --> 00:29:02,828 They'’re called "Harrys"-- specifically, Harry Korns. 569 00:29:02,828 --> 00:29:05,961 Hey, here'’s an idea for a show. 570 00:29:05,961 --> 00:29:09,443 Viciously murder somebody, and then try to go free. 571 00:29:09,443 --> 00:29:13,099 We could call it "Harry'’s Law." A nice family show. 572 00:29:13,099 --> 00:29:16,842 Hey, you could put it on Sunday nights at 8:00. Perfect! 573 00:29:16,842 --> 00:29:18,365 Tommy, we'’re never gonna make this float. 574 00:29:18,365 --> 00:29:20,106 It was consensual right up to the point 575 00:29:20,106 --> 00:29:21,760 where he says it wasn'’t. 576 00:29:22,804 --> 00:29:24,414 This isn'’t even close. 577 00:29:24,414 --> 00:29:26,547 Here'’s what I don'’t get. 578 00:29:26,547 --> 00:29:28,941 Our guy'’s got money, he'’s not suing to get rich. 579 00:29:28,941 --> 00:29:31,552 By suing, he has to tell his wife, his kids, 580 00:29:31,552 --> 00:29:33,336 he risks losing his family. 581 00:29:33,336 --> 00:29:34,294 What'’s his motive? 582 00:29:35,991 --> 00:29:39,908 It could only be that he'’s telling the truth. 583 00:29:49,962 --> 00:29:51,528 BAILIFF: All rise. 584 00:29:51,528 --> 00:29:54,923 I'’m not getting a good feeling. 585 00:29:57,056 --> 00:29:58,144 BAILIFF: Be seated. 586 00:30:00,146 --> 00:30:03,105 All right, my finding... 587 00:30:03,105 --> 00:30:05,064 I'’m sorry, Judge, I really feel I wasn'’t allowed 588 00:30:05,064 --> 00:30:08,023 to complete my argument, and I would like to do so now. 589 00:30:08,023 --> 00:30:10,156 Are you sure? You might want to quit while you'’re ahead. 590 00:30:10,156 --> 00:30:11,374 Oh. Am I ahead? 591 00:30:11,374 --> 00:30:13,028 No. My finding... 592 00:30:13,028 --> 00:30:14,073 Then I have more to say. 593 00:30:14,073 --> 00:30:15,074 Counsel... 594 00:30:15,074 --> 00:30:16,379 This whole thing is a joke. 595 00:30:16,379 --> 00:30:18,207 There is no way that this matter should be 596 00:30:18,207 --> 00:30:19,556 consolidated like this. 597 00:30:19,556 --> 00:30:22,559 We have 39 defendants. 598 00:30:22,559 --> 00:30:25,911 Some of them have different, possibly conflicting stories. 599 00:30:25,911 --> 00:30:28,609 And the only reason for lumped all together here is 600 00:30:28,609 --> 00:30:30,263 so the State can save money. 601 00:30:30,263 --> 00:30:33,266 It'’s bad enough that we'’re using a rule 602 00:30:33,266 --> 00:30:36,399 to convict kids of crimes they didn'’t commit, 603 00:30:36,399 --> 00:30:38,924 but to not give them their proper day in court?! 604 00:30:38,924 --> 00:30:40,447 Are you done? 605 00:30:40,447 --> 00:30:43,537 No, I'’m not done! These are kids! 606 00:30:43,537 --> 00:30:45,191 Were some of them guilty 607 00:30:45,191 --> 00:30:46,409 of Criminal Assault? 608 00:30:46,409 --> 00:30:49,369 Absolutely. But many of them were not, 609 00:30:49,369 --> 00:30:52,502 and they were engaged in a ritual that had all 610 00:30:52,502 --> 00:30:54,940 but been institutionalized at this college. 611 00:30:54,940 --> 00:30:56,898 The school knew about it, 612 00:30:56,898 --> 00:30:58,508 they could have stopped it, but they didn'’t, 613 00:30:58,508 --> 00:31:02,121 probably because they considered it to be fairly harmless. 614 00:31:02,121 --> 00:31:06,603 But after one isolated tragic outcome and a public up in arms, 615 00:31:06,603 --> 00:31:08,562 suddenly heads must roll. 616 00:31:08,562 --> 00:31:11,217 I mean, they'’re brought up on First-Degree Murder! 617 00:31:11,217 --> 00:31:13,262 Not Negligent Homicide, not Reckless Disregard, 618 00:31:13,262 --> 00:31:15,047 but First-Degree Murder! 619 00:31:15,047 --> 00:31:17,092 You should be ashamed of yourself. 620 00:31:17,092 --> 00:31:19,094 There is no possible stretching of the facts 621 00:31:19,094 --> 00:31:20,617 that gets you to First Degree here. 622 00:31:20,617 --> 00:31:23,446 Which is why you employ this preposterous device 623 00:31:23,446 --> 00:31:25,231 known as the Felony Murder Rule. 624 00:31:25,231 --> 00:31:27,973 It'’s offensive to the principle innocent till proven guilty. 625 00:31:27,973 --> 00:31:30,497 It'’s an insult to due process. 626 00:31:30,497 --> 00:31:32,238 It has nothing to do with justice. 627 00:31:32,238 --> 00:31:33,630 And it'’s a flat-out atrocity 628 00:31:33,630 --> 00:31:35,371 to the lives of these young people, 629 00:31:35,371 --> 00:31:38,244 many of whom have done absolutely nothing. 630 00:31:38,244 --> 00:31:41,290 And contrary to Mr. Cruickshank'’s suggestion, 631 00:31:41,290 --> 00:31:44,163 you doget a say as to whether a law is legitimate. 632 00:31:44,163 --> 00:31:46,600 That'’s why you'’re a judge. 633 00:31:46,600 --> 00:31:48,428 You wear that robe for many reasons, 634 00:31:48,428 --> 00:31:51,518 the first being to protect us from overreaching, 635 00:31:51,518 --> 00:31:55,348 oppressive laws, of which the Felony Murder Rule is one. 636 00:31:57,263 --> 00:31:58,960 NowI'’m done. 637 00:32:17,109 --> 00:32:19,024 Please, the guy ejaculated. 638 00:32:19,024 --> 00:32:20,373 It'’s like a woman having an orgasm 639 00:32:20,373 --> 00:32:21,504 and claims she was raped. 640 00:32:21,504 --> 00:32:22,766 You think that'’s impossible? 641 00:32:22,766 --> 00:32:24,464 Or course I do. 642 00:32:25,378 --> 00:32:26,683 Not. 643 00:32:26,683 --> 00:32:28,511 I prosecuted a few cases where the victim 644 00:32:28,511 --> 00:32:30,209 involuntarily climaxed. 645 00:32:30,209 --> 00:32:31,558 It'’s really rare, but say what you were gonna say. 646 00:32:31,558 --> 00:32:34,256 No, I got nothing to say. 647 00:32:34,256 --> 00:32:36,128 That isn'’t true, is it? 648 00:32:36,128 --> 00:32:39,609 Cassie, if she had an orgasm, that means... 649 00:32:39,609 --> 00:32:42,177 It means what, that'’s it'’s one of the more enjoyable rapes? 650 00:32:42,177 --> 00:32:43,439 No, I didn'’t say that. 651 00:32:43,439 --> 00:32:46,181 A man grabs a woman, he throws her down, 652 00:32:46,181 --> 00:32:48,531 he forces himself on her at knifepoint, 653 00:32:48,531 --> 00:32:51,143 she physically orgasms, and that'’s not rape? 654 00:32:51,143 --> 00:32:54,059 Sure, it is. 655 00:32:55,582 --> 00:32:57,323 I'’m going home. 656 00:32:57,323 --> 00:32:59,412 Wait. Does this mean I'’m not coming? 657 00:32:59,412 --> 00:33:01,153 Oh, not with me, you'’re not. 658 00:33:17,560 --> 00:33:19,127 [door opens] 659 00:33:19,127 --> 00:33:20,389 [footsteps approaching] 660 00:33:20,389 --> 00:33:22,435 This is Mr. Jon Dowdy. 661 00:33:22,435 --> 00:33:25,481 He'’s the gentleman that brought Cecilia to the party 662 00:33:25,481 --> 00:33:27,527 where she met our client. 663 00:33:27,527 --> 00:33:30,269 These are my colleagues, Mr. Richard and Mr. Jefferson. 664 00:33:30,269 --> 00:33:32,445 Could you tell them what you just told me? 665 00:33:32,445 --> 00:33:33,620 All of it? 666 00:33:33,620 --> 00:33:35,535 You can give them a shorter version. 667 00:33:36,971 --> 00:33:38,407 Okay. 668 00:33:38,407 --> 00:33:39,756 Well, as I said-- 669 00:33:39,756 --> 00:33:41,628 and this was not my idea being here-- 670 00:33:41,628 --> 00:33:42,977 Ms. Reynolds came to me. 671 00:33:42,977 --> 00:33:44,283 Go ahead. 672 00:33:44,283 --> 00:33:46,198 Well, as I told your colleague, 673 00:33:46,198 --> 00:33:48,461 Cecilia was a pretty kinky girl, which was fine by me. 674 00:33:48,461 --> 00:33:50,419 I'’d just come out of a long-term relationship 675 00:33:50,419 --> 00:33:52,204 and was looking for some fun, 676 00:33:52,204 --> 00:33:54,293 and she seemed more than willing to... 677 00:33:54,293 --> 00:33:56,425 So, I mean, anyway, the first time, 678 00:33:56,425 --> 00:34:00,777 she kind of took the bull by the horn, if you get my meaning. 679 00:34:00,777 --> 00:34:03,780 I don'’t. Could you be more specific? 680 00:34:06,261 --> 00:34:10,570 Well, we'’d come back to my place, had a drink or two, 681 00:34:10,570 --> 00:34:12,137 cut to my clothes are off, and she'’s on top of me. 682 00:34:12,137 --> 00:34:13,834 It was like a fantasy, sort of. 683 00:34:13,834 --> 00:34:16,097 You know what I mean, a woman that looks like that, just... 684 00:34:16,097 --> 00:34:17,751 When she met your client at the party 685 00:34:17,751 --> 00:34:19,361 and seemed more interested in him, 686 00:34:19,361 --> 00:34:21,276 I just figured, "Easy come, easy go," you know? 687 00:34:21,276 --> 00:34:24,149 Could you tell them the other part? 688 00:34:26,325 --> 00:34:28,675 They can keep a secret. 689 00:34:30,503 --> 00:34:34,072 Okay. 690 00:34:34,072 --> 00:34:39,338 Well... ordinarily, I don'’t perform well. 691 00:34:39,338 --> 00:34:42,428 I get a little anxiety, and I, uh... 692 00:34:42,428 --> 00:34:43,690 But not this night. 693 00:34:43,690 --> 00:34:45,822 I mean, I was fully... to be honest, 694 00:34:45,822 --> 00:34:48,260 I was bigger than... 695 00:34:48,260 --> 00:34:51,089 I think she laced my drink with a little Viagra. 696 00:34:51,089 --> 00:34:53,134 I asked her, and she didn'’t say no. 697 00:34:53,134 --> 00:34:54,744 She just smiled and said, 698 00:34:54,744 --> 00:34:56,964 "Let'’s just let the magic of the night..." Whatever, 699 00:34:56,964 --> 00:34:58,487 I don'’t remember what she said. 700 00:34:58,487 --> 00:35:00,315 I was just hoping for a little bit more of the magic. 701 00:35:00,315 --> 00:35:01,490 You think there'’s a chance 702 00:35:01,490 --> 00:35:02,883 she put something else in your drink? 703 00:35:02,883 --> 00:35:04,493 Actually, I think she did. 704 00:35:04,493 --> 00:35:06,887 I was a little foggy, which is unfortunate, 705 00:35:06,887 --> 00:35:08,758 '’cause I'’d like to remember every detail. 706 00:35:08,758 --> 00:35:10,282 Look, as I told Ms. Reynolds, 707 00:35:10,282 --> 00:35:12,066 I'’d prefer to keep this under the radar. 708 00:35:12,066 --> 00:35:13,807 I mean, there'’s no way 709 00:35:13,807 --> 00:35:18,725 I'’m gonna repeat this in any public or formal... you know? 710 00:35:23,338 --> 00:35:24,861 He'’s lying. 711 00:35:24,861 --> 00:35:26,559 Why would he lie, Cecilia? 712 00:35:26,559 --> 00:35:29,779 His story coincides exactly with Alden'’s accusation. 713 00:35:29,779 --> 00:35:31,303 CECILIA: Well, Alden is wrong, 714 00:35:31,303 --> 00:35:33,392 and so is Jon. The sex was consensual. 715 00:35:33,392 --> 00:35:34,349 No, it was not! 716 00:35:34,349 --> 00:35:35,568 Alden... I have a family! 717 00:35:35,568 --> 00:35:37,309 There are consequences to this! 718 00:35:37,309 --> 00:35:38,962 Well, then why were you with me?I shouldn'’t have been, 719 00:35:38,962 --> 00:35:41,530 but there'’s a line, and I never would'’ve crossed it! 720 00:35:41,530 --> 00:35:43,532 You drugged me!All right. 721 00:35:43,532 --> 00:35:44,794 You said this was part 722 00:35:44,794 --> 00:35:46,231 of a settlement discussion. 723 00:35:46,231 --> 00:35:47,884 What is it you'’re looking for? 724 00:35:49,364 --> 00:35:52,802 I want an acknowledgment and an apology. 725 00:35:52,802 --> 00:35:54,239 What does it matter what...? 726 00:35:54,239 --> 00:35:55,936 It matters to me; I need to know! 727 00:35:55,936 --> 00:36:00,245 Okay, I am not about to advise my client to admit to a crime, 728 00:36:00,245 --> 00:36:01,637 so if that'’s the endgame here... 729 00:36:01,637 --> 00:36:02,682 TOMMY: He doesn'’t care about the prosecution, 730 00:36:02,682 --> 00:36:03,900 he just wants her to acknowledge 731 00:36:03,900 --> 00:36:05,598 what she did. Why? 732 00:36:05,598 --> 00:36:08,383 Because I do!Alden, you need to take it down a notch. 733 00:36:09,950 --> 00:36:11,952 That'’s all you'’re looking for? 734 00:36:11,952 --> 00:36:13,693 It stays sealed? 735 00:36:13,693 --> 00:36:15,564 It never has to leave this room. Isn'’t that right, Alden? 736 00:36:15,564 --> 00:36:18,959 Yes. I don'’t care about... 737 00:36:18,959 --> 00:36:22,615 I just want her to admit it and to apologize. 738 00:36:22,615 --> 00:36:25,313 And if you ask me why it matters to me one more time, 739 00:36:25,313 --> 00:36:27,968 I willgo to the police. 740 00:36:27,968 --> 00:36:30,536 She apologizes, and this is over. 741 00:36:30,536 --> 00:36:31,928 Done. 742 00:36:36,411 --> 00:36:38,457 Okay. 743 00:36:38,457 --> 00:36:40,459 I apologize. 744 00:36:40,459 --> 00:36:42,722 I thought you might like the thrill 745 00:36:42,722 --> 00:36:45,203 of being seduced, taken. 746 00:36:45,203 --> 00:36:48,858 And being married, I thought you might also appreciate... 747 00:36:48,858 --> 00:36:51,339 Well, you could always rationalize this wasn'’t 748 00:36:51,339 --> 00:36:53,515 something that you did... 749 00:36:53,515 --> 00:36:54,864 but something that was done to you. 750 00:36:54,864 --> 00:36:57,215 CASSIE: You could have killed him. 751 00:36:57,215 --> 00:36:59,695 If he'’d been taking nitrates, the combination with Viagra... 752 00:36:59,695 --> 00:37:01,915 Okay, I know that his heart was fine. 753 00:37:01,915 --> 00:37:03,830 We'’d talked about our respective training regimens. 754 00:37:11,881 --> 00:37:15,407 I'’m sorry, Alden. 755 00:37:15,407 --> 00:37:19,846 I suppose I'’ve been objectified and pawed and even groped 756 00:37:19,846 --> 00:37:21,848 ever since I was 16. 757 00:37:21,848 --> 00:37:24,677 So, maybe on some level, 758 00:37:24,677 --> 00:37:27,506 I wanted to take the power. 759 00:37:37,646 --> 00:37:41,389 CECILIA [on-screen]: I'’m sorry, Alden. 760 00:37:41,389 --> 00:37:45,785 I suppose I'’ve been objectified and pawed and groped 761 00:37:45,785 --> 00:37:48,396 ever since I was 16. 762 00:37:48,396 --> 00:37:50,659 Well, I'’m sure the DA can build a case now.AMANDA: What?! 763 00:37:50,659 --> 00:37:53,009 This is sealed. Oh, yeah, I lied about that. 764 00:37:53,009 --> 00:37:54,837 Tommy, this is a settlement meeting. Right. 765 00:37:54,837 --> 00:37:55,969 Which means I can'’t use the information against her, 766 00:37:55,969 --> 00:37:57,666 but the police can. 767 00:37:57,666 --> 00:37:59,451 You can'’t do that. Oh, but I can. 768 00:37:59,451 --> 00:38:00,930 Your only recourse would be to sue me, 769 00:38:00,930 --> 00:38:03,019 but you'’ll probably have to do so from jail. 770 00:38:04,107 --> 00:38:05,718 Hey, check this out. 771 00:38:05,718 --> 00:38:08,242 [confessional remixed to music]♪ Power♪ 772 00:38:08,242 --> 00:38:09,852 ♪ Power, power, power♪ 773 00:38:09,852 --> 00:38:11,463 ♪ I'’m sorry, Alden ♪My auto-tune remix app. 774 00:38:11,463 --> 00:38:13,421 ♪ I suppose I'’ve been objectified ♪ 775 00:38:13,421 --> 00:38:14,944 Awesome, huh? 776 00:38:14,944 --> 00:38:17,556 ♪ And pawed and groped ever since I was 16 ♪ 777 00:38:17,556 --> 00:38:19,819 ♪ Power♪♪ I'’m sorry, Alden ♪ 778 00:38:19,819 --> 00:38:22,430 ♪ I suppose I'’ve been objectified ♪ 779 00:38:22,430 --> 00:38:23,692 [chuckling]: Love it. 780 00:38:23,692 --> 00:38:25,955 ♪ And groped ever since I was 16 ♪ 781 00:38:25,955 --> 00:38:28,393 ♪ Power♪♪ I'’m sorry, Alden ♪ 782 00:38:28,393 --> 00:38:30,046 ♪ Power♪ 783 00:38:30,046 --> 00:38:31,961 ♪ I'’m sorry, Alden ♪ 784 00:38:31,961 --> 00:38:33,963 ♪ Power, power, power♪ 785 00:38:33,963 --> 00:38:36,052 ♪ Power.♪ 786 00:38:38,577 --> 00:38:41,884 All right, let'’s try this again. 787 00:38:45,627 --> 00:38:47,629 After careful consideration, 788 00:38:47,629 --> 00:38:50,937 I find the application of the Felony Murder Rule in this case 789 00:38:50,937 --> 00:38:53,505 to be overbroad and misplaced. 790 00:38:53,505 --> 00:38:55,811 That count against all defendants is dropped. 791 00:38:55,811 --> 00:38:57,465 [applause, cheering] 792 00:38:57,465 --> 00:38:59,380 [cheering] 793 00:39:00,860 --> 00:39:02,557 [gavel banging] 794 00:39:02,557 --> 00:39:03,819 Settle down. 795 00:39:03,819 --> 00:39:05,473 Take your seats or you will be removed. 796 00:39:06,996 --> 00:39:08,998 All the other charges stand. 797 00:39:08,998 --> 00:39:11,044 Mr. Cruickshank, I would encourage you 798 00:39:11,044 --> 00:39:14,003 to pare this prosecution down to focus on the primary offenders, 799 00:39:14,003 --> 00:39:17,006 otherwise we will all be here for a very long time. 800 00:39:17,006 --> 00:39:19,618 And I'’m not sure I could take that. 801 00:39:21,097 --> 00:39:23,491 Adjourned. 802 00:39:23,491 --> 00:39:25,145 [applause]Unbelievable. 803 00:39:25,145 --> 00:39:28,801 Mm-hmm, I told you she was good. 804 00:39:28,801 --> 00:39:30,846 So, what happens now? 805 00:39:30,846 --> 00:39:33,501 Well, the DA will have to do some serious regrouping, 806 00:39:33,501 --> 00:39:35,111 but with any luck, your nightmare'’s over. 807 00:39:35,111 --> 00:39:36,939 WOMAN: Honey... 808 00:39:44,033 --> 00:39:45,861 [footsteps approaching] 809 00:39:45,861 --> 00:39:47,994 Tommy, this is wrong. 810 00:39:47,994 --> 00:39:49,387 I know. 811 00:39:49,387 --> 00:39:51,563 The client was satisfied with the apology. 812 00:39:51,563 --> 00:39:54,914 I called Amanda and told her, the case is over. 813 00:39:54,914 --> 00:39:56,742 Good work, Cassie, digging up that other guy. 814 00:39:56,742 --> 00:39:58,961 Well, I didn'’t have to dig. 815 00:39:58,961 --> 00:40:00,920 I just keep my mind open to the idea that maybe someone... 816 00:40:00,920 --> 00:40:02,574 Yeah, well, anyway, thanks again. 817 00:40:07,927 --> 00:40:10,059 Well done, Harry. 818 00:40:10,059 --> 00:40:13,846 Not sure if it was chess, checkers or Parcheesi, 819 00:40:13,846 --> 00:40:16,544 but you sure as hell got the job done. 820 00:40:16,544 --> 00:40:17,676 Well done. 821 00:40:17,676 --> 00:40:19,417 Well, thanks, Sam. 822 00:40:19,417 --> 00:40:21,549 Huh. 823 00:40:21,549 --> 00:40:22,768 Is there anything else? 824 00:40:22,768 --> 00:40:24,726 No. 825 00:40:24,726 --> 00:40:26,032 Okay. 826 00:40:27,686 --> 00:40:28,904 Well, see you later. 827 00:40:28,904 --> 00:40:30,036 [chuckling] 828 00:40:31,603 --> 00:40:35,171 Hey, how about we get a drink sometime? 829 00:40:35,171 --> 00:40:37,086 A drink?! 830 00:40:37,086 --> 00:40:38,740 Yeah. 831 00:40:38,740 --> 00:40:40,786 A drink, have a couple of laughs, why not? 832 00:40:40,786 --> 00:40:44,746 Sam, I haven'’t been asked out since the Carter Administration. 833 00:40:44,746 --> 00:40:48,141 What I can remember, it goes something like... 834 00:40:48,141 --> 00:40:50,752 [scoffs] how it'’s going now. 835 00:40:50,752 --> 00:40:52,754 Are you asking me out? 836 00:40:52,754 --> 00:40:54,843 Why not? 837 00:40:54,843 --> 00:40:57,585 You'’re a wonderful lady. 838 00:40:57,585 --> 00:41:01,023 And I'’m quite partial to wonderful ladies. 839 00:41:09,858 --> 00:41:11,817 ♪ ♪ 840 00:41:20,695 --> 00:41:22,654 You taped the woman? 841 00:41:22,654 --> 00:41:24,090 It happens. 842 00:41:24,090 --> 00:41:26,614 You could get disbarred for that kind of stunt. 843 00:41:26,614 --> 00:41:27,876 I didn'’t use it. 844 00:41:27,876 --> 00:41:30,139 We settled it. 845 00:41:30,139 --> 00:41:32,620 I just wanted to give that woman a scare. 846 00:41:32,620 --> 00:41:35,014 She got off light, Harry. 847 00:41:35,014 --> 00:41:36,972 She raped him. 848 00:41:39,018 --> 00:41:41,542 Let me ask you something. 849 00:41:41,542 --> 00:41:44,153 What do you think of this Phoebe girl? 850 00:41:44,153 --> 00:41:48,201 She'’s all right, I guess. 851 00:41:48,201 --> 00:41:50,203 What does Adam think of her? 852 00:41:50,203 --> 00:41:51,987 Why are you asking? 853 00:41:58,037 --> 00:42:01,040 Oh, for God'’s sake. 854 00:42:01,040 --> 00:42:02,868 That kid'’s got a problem, 855 00:42:02,868 --> 00:42:04,522 I'’m telling you. Mm. 856 00:42:04,522 --> 00:42:06,654 He gets smitten by anything that smiles at him. 857 00:42:09,570 --> 00:42:12,573 I tell you, Harry... it'’s their world. 858 00:42:12,573 --> 00:42:14,009 Kids. 859 00:42:14,009 --> 00:42:15,968 It'’s their world. 860 00:42:17,970 --> 00:42:19,754 Mm... 861 00:42:19,754 --> 00:42:21,495 [no voice] 862 00:42:23,323 --> 00:42:25,847 Well, maybe there'’s hope, then. 863 00:42:25,847 --> 00:42:27,893 Little bit. 864 00:42:27,893 --> 00:42:29,938 ♪ So if by the time the bar closes ♪ 865 00:42:29,938 --> 00:42:31,766 ♪ And you feel like falling down ♪ 866 00:42:31,766 --> 00:42:33,333 ♪ I'’ll carry you home tonight. ♪ 867 00:42:33,333 --> 00:42:35,161 Captioning sponsored by WARNER BROS. TELEVISION 868 00:42:35,161 --> 00:42:37,163 and TOYOTA. 869 00:42:41,907 --> 00:42:43,648 Captioned by Media Access Group at WGBH access.wgbh.org 870 00:43:12,720 --> 00:43:13,808 You stinker!