1 00:00:04,091 --> 00:00:06,441 O'LEARY: I wish I had better news for you, Donovan. 2 00:00:06,484 --> 00:00:08,878 That dockworker's testimony... 3 00:00:08,921 --> 00:00:11,576 I'm not sure we can get past it. 4 00:00:13,709 --> 00:00:15,145 How long's it been, Keith? 5 00:00:15,189 --> 00:00:17,713 30 years? 6 00:00:17,756 --> 00:00:20,455 And Donovan's never been convicted with you at his side. 7 00:00:20,498 --> 00:00:22,674 [exhales]We thank you for that. 8 00:00:22,718 --> 00:00:24,067 But... 9 00:00:24,111 --> 00:00:26,113 now you got to be honest with us. 10 00:00:26,156 --> 00:00:28,854 What should we be preparing for? 11 00:00:28,898 --> 00:00:30,856 O'LEARY: Barring a miracle, 12 00:00:30,900 --> 00:00:32,902 a "guilty" sentence. 13 00:00:32,945 --> 00:00:35,731 And with Judge Stanley, 14 00:00:35,774 --> 00:00:39,039 a former D.A., his history on sentencing 15 00:00:39,082 --> 00:00:42,172 for this type of thing and... Donovan's record... 16 00:00:43,782 --> 00:00:46,220 ...we are almost certainly looking at the maximum. 17 00:00:46,263 --> 00:00:48,396 The full 25 years. 18 00:00:48,439 --> 00:00:51,225 My God... 19 00:00:51,268 --> 00:00:53,879 That's the rest of your life. 20 00:00:53,923 --> 00:00:57,405 He did say "barring a miracle." 21 00:00:57,448 --> 00:01:00,973 I guess I'll just have to pray for that, huh? 22 00:01:01,017 --> 00:01:03,585 You'll pray, too. 23 00:01:03,628 --> 00:01:05,500 Won't you, son? 24 00:01:10,113 --> 00:01:12,463 [dog yapping] 25 00:01:14,639 --> 00:01:16,989 Evening, Judge. How you doing tonight? 26 00:01:17,033 --> 00:01:20,123 Uh, I'll tell you in a couple of hours. 27 00:01:20,167 --> 00:01:22,125 ♪ 28 00:01:40,187 --> 00:01:42,493 Hey. Hey, Brendan. 29 00:01:44,539 --> 00:01:46,410 Get in the car.I've got something I got to do. 30 00:01:46,454 --> 00:01:48,282 No, I know what you think you got to do, 31 00:01:48,325 --> 00:01:50,110 but just get in the car, Brendan; you're only gonna 32 00:01:50,153 --> 00:01:52,503 make things worse.Says you. Go home and study. 33 00:01:52,547 --> 00:01:53,809 Hey, wait. 34 00:02:03,210 --> 00:02:05,429 [cries out][women scream] 35 00:02:11,827 --> 00:02:13,263 Drive, Dolittle, drive.Brendan, what did you do? 36 00:02:13,307 --> 00:02:14,569 Punch it, Doc. 37 00:02:14,612 --> 00:02:16,832 [tires squealing] 38 00:02:16,875 --> 00:02:18,007 [horn honks] 39 00:02:18,050 --> 00:02:19,530 [woman screams] 40 00:02:21,358 --> 00:02:23,360 [playing "How Much Is That Doggie In the Window?"] 41 00:02:25,362 --> 00:02:26,972 Hmm.[knock on door] 42 00:02:27,016 --> 00:02:29,061 Go away. I'm trying to find a reason to live. 43 00:02:30,367 --> 00:02:31,847 Am I not reason enough? 44 00:02:31,890 --> 00:02:33,327 First thing they teach you at law school, 45 00:02:33,370 --> 00:02:35,329 don't ask a question if you don't know the answer. 46 00:02:35,372 --> 00:02:37,766 Good morning to you, too. 47 00:02:37,809 --> 00:02:39,855 They just phoned from downstairs. 48 00:02:39,898 --> 00:02:43,641 A woman who claims to be Colleen McCandless 49 00:02:43,685 --> 00:02:45,469 was inquiring whether or not 50 00:02:45,513 --> 00:02:47,036 she could get an appointment with you. 51 00:02:47,079 --> 00:02:48,342 Right now. 52 00:02:48,385 --> 00:02:49,908 Colleen McCandless... 53 00:02:49,952 --> 00:02:51,345 is married to... 54 00:02:51,388 --> 00:02:52,781 Donovan McCandless. 55 00:02:52,824 --> 00:02:55,305 He's on trial for extortion and racketeering. 56 00:02:55,349 --> 00:02:57,046 He was supposed to be sentenced two days ago, 57 00:02:57,089 --> 00:02:59,918 when the judge in the case inconveniently 58 00:02:59,962 --> 00:03:03,226 got his throat slit on Montague Street in Brooklyn. 59 00:03:03,270 --> 00:03:05,533 Okay. Is the conference room free? 60 00:03:05,576 --> 00:03:07,230 Do we have a metal detector? 61 00:03:07,274 --> 00:03:09,189 Answer the second question first. 62 00:03:09,232 --> 00:03:11,582 ♪ 63 00:03:26,554 --> 00:03:28,556 Mrs. McCandless?Ten letter word 64 00:03:28,599 --> 00:03:32,212 for the guardianship and control exercised 65 00:03:32,255 --> 00:03:34,431 by the Lord our God? 66 00:03:36,520 --> 00:03:38,261 Providence. 67 00:03:39,393 --> 00:03:41,395 Thank you. 68 00:03:43,919 --> 00:03:46,574 Sorry to have dropped in unannounced, Dr. Bull. 69 00:03:46,617 --> 00:03:48,140 Ah, well, how can I be of help? 70 00:03:48,184 --> 00:03:50,708 Or was it just the one word you came up for? 71 00:03:50,752 --> 00:03:53,276 Do you do crossword puzzles?Once in a great while. 72 00:03:53,320 --> 00:03:55,800 I can't stand having nothing to do. 73 00:03:55,844 --> 00:03:57,802 Feeling powerless. 74 00:03:57,846 --> 00:04:00,327 Now that there are crosswords on my phone... 75 00:04:03,286 --> 00:04:05,723 My two sons-- 76 00:04:05,767 --> 00:04:08,770 Brendan, my oldest, and Connor, who just turned 22-- 77 00:04:08,813 --> 00:04:10,641 were arrested last night. 78 00:04:10,685 --> 00:04:13,035 Charged with the murder of a judge. 79 00:04:13,078 --> 00:04:15,820 Judge Weston Stanley. 80 00:04:15,864 --> 00:04:17,822 I'm familiar. 81 00:04:17,866 --> 00:04:20,434 It's a federal crime to kill a federal judge. 82 00:04:20,477 --> 00:04:22,871 Death penalty crime. 83 00:04:22,914 --> 00:04:26,309 And apparently this happened in the middle of the street 84 00:04:26,353 --> 00:04:28,572 with... a whole lot of witnesses around 85 00:04:28,616 --> 00:04:30,835 and I'm... sorry, but I'm actually not sure 86 00:04:30,879 --> 00:04:32,620 how I can be of help to you. 87 00:04:32,663 --> 00:04:34,883 Let's begin at the beginning. 88 00:04:34,926 --> 00:04:38,452 Do you even want to be of help to me and my family? 89 00:04:45,546 --> 00:04:47,635 You understand how it looks, right? 90 00:04:47,678 --> 00:04:50,159 Your husband's trial isn't going well, 91 00:04:50,202 --> 00:04:52,248 so his sons murder the judge 92 00:04:52,292 --> 00:04:54,642 in hopes of getting a mistrial. 93 00:04:54,685 --> 00:04:58,036 See if maybe they can do better the next time around. 94 00:04:59,516 --> 00:05:01,431 You didn't answer my question. 95 00:05:03,520 --> 00:05:06,871 I'm not in the habit of assisting career criminals, no. 96 00:05:06,915 --> 00:05:10,353 My sons were apprehended in a car 97 00:05:10,397 --> 00:05:12,486 identified at the scene of the crime. 98 00:05:12,529 --> 00:05:15,184 And the knife that was used to slit the judge's throat 99 00:05:15,227 --> 00:05:17,839 was found in my oldest's possession. 100 00:05:17,882 --> 00:05:19,275 Okay. 101 00:05:19,319 --> 00:05:21,190 Are you trying to convince me? 102 00:05:21,233 --> 00:05:23,366 I think you should also know that my firstborn 103 00:05:23,410 --> 00:05:25,281 has a very lengthy criminal record. 104 00:05:25,325 --> 00:05:27,022 Duly noted. 105 00:05:27,065 --> 00:05:29,677 I'm not unaware that juries go in with opinions 106 00:05:29,720 --> 00:05:32,984 already formed about what it must be to be a McCandless. 107 00:05:33,028 --> 00:05:35,030 My attorney indicated 108 00:05:35,073 --> 00:05:37,424 that this sort of challenge was your specialty. 109 00:05:37,467 --> 00:05:41,384 As I mentioned previously...I'm not asking you to help 110 00:05:41,428 --> 00:05:42,733 a career criminal. 111 00:05:42,777 --> 00:05:45,693 I'm not asking you to help my older son. 112 00:05:45,736 --> 00:05:47,869 Just my youngest. 113 00:05:47,912 --> 00:05:49,436 Just Connor. He's innocent. 114 00:05:50,698 --> 00:05:52,439 He's why I'm here. 115 00:05:54,441 --> 00:05:57,966 So you just want me to help the one, 116 00:05:58,009 --> 00:06:00,142 not the other son?Brendan's lost to me. 117 00:06:00,185 --> 00:06:01,970 Has been for a long time. 118 00:06:02,013 --> 00:06:03,580 He's... 119 00:06:03,624 --> 00:06:07,105 Runs call girls and numbers, he's his father's boy. 120 00:06:07,149 --> 00:06:09,499 But Connor, my youngest... 121 00:06:09,543 --> 00:06:11,066 he's never been involved in the business. 122 00:06:11,109 --> 00:06:13,373 He's a year into med school. 123 00:06:15,070 --> 00:06:18,421 No one in our family has ever even gotten a college degree, 124 00:06:18,465 --> 00:06:20,467 let alone thought about becoming a doctor. 125 00:06:20,510 --> 00:06:23,426 Mrs. McCandless...Connor didn't choose his father. 126 00:06:23,470 --> 00:06:25,385 I did. 127 00:06:28,562 --> 00:06:30,128 He shouldn't have even been there. 128 00:06:31,782 --> 00:06:33,305 It was my fault. 129 00:06:33,349 --> 00:06:34,742 I asked him to go. 130 00:06:34,785 --> 00:06:36,744 I don't understand. 131 00:06:36,787 --> 00:06:39,355 How is it your fault? Connor was the one driving 132 00:06:39,399 --> 00:06:41,096 the getaway car.I knew my husband and Brendan 133 00:06:41,139 --> 00:06:42,576 were up to something and I called Connor 134 00:06:42,619 --> 00:06:44,447 and I told him he needed to get into the car 135 00:06:44,491 --> 00:06:47,668 and get his brother, make sure he didn't do anything stupid. 136 00:06:47,711 --> 00:06:50,148 [Colleen cries softly] 137 00:06:51,149 --> 00:06:52,499 It's my fault. 138 00:06:54,675 --> 00:06:56,677 BENNY: You at all interested in my opinion? 139 00:06:56,720 --> 00:06:58,113 I'm pretty sure I can guess. 140 00:06:58,156 --> 00:06:59,723 You know, these guys... 141 00:06:59,767 --> 00:07:02,422 they're accused of killing a judge. 142 00:07:02,465 --> 00:07:04,511 Before we even walk through the door, 143 00:07:04,554 --> 00:07:06,295 everyone in that courthouse 144 00:07:06,338 --> 00:07:07,688 is going to be against us. Two things: 145 00:07:07,731 --> 00:07:09,124 I haven't agreed to take the case. 146 00:07:09,167 --> 00:07:10,517 Only to meet the younger son. 147 00:07:10,560 --> 00:07:11,953 And what's the second thing?The younger son 148 00:07:11,996 --> 00:07:13,998 is the only one we would represent. 149 00:07:14,042 --> 00:07:16,523 And he didn't pick his father. 150 00:07:16,566 --> 00:07:18,481 [scoffs]I'd also point out 151 00:07:18,525 --> 00:07:20,004 that we have represented clients 152 00:07:20,048 --> 00:07:22,354 accused of every kind of crime there is 153 00:07:22,398 --> 00:07:23,965 and the courtroom is always biased against the accused. 154 00:07:24,008 --> 00:07:26,620 Yes, but in this case, the accused 155 00:07:26,663 --> 00:07:28,491 is a member of a crime family. 156 00:07:28,535 --> 00:07:31,451 Whether he chose to be a member or not. 157 00:07:31,494 --> 00:07:33,409 And as a former prosecutor, 158 00:07:33,453 --> 00:07:35,977 I have a difficult time turning a blind eye to that. 159 00:07:36,020 --> 00:07:37,761 And-and look, I get it. I get it. 160 00:07:37,805 --> 00:07:39,415 Everybody deserves a defense. 161 00:07:39,459 --> 00:07:42,157 But Donovan McCandless and his clan? 162 00:07:42,200 --> 00:07:45,421 Benny, the only promise I made was to meet the boy. 163 00:07:47,205 --> 00:07:48,903 All right. You're the boss. 164 00:07:48,946 --> 00:07:50,470 [cell door clanking] 165 00:07:52,733 --> 00:07:55,823 I wasn't there to help him, I was there to stop him. 166 00:07:55,866 --> 00:07:57,912 After I talked to my mom, 167 00:07:57,955 --> 00:07:59,783 I-I called Brendan. But his phone was off. 168 00:07:59,827 --> 00:08:02,003 So I started asking around to see 169 00:08:02,046 --> 00:08:03,787 if anybody knew where he was. 170 00:08:03,831 --> 00:08:06,268 This guy my father works with told me that Brendan had been 171 00:08:06,311 --> 00:08:08,705 trying to get the home address of Judge Stanley. 172 00:08:08,749 --> 00:08:11,055 I put two and two together. 173 00:08:11,099 --> 00:08:13,623 Got on the Internet, it took about five minutes. 174 00:08:13,667 --> 00:08:15,059 I mean... 175 00:08:15,103 --> 00:08:16,887 my brother's done some bad things before, 176 00:08:16,931 --> 00:08:18,759 but I thought... 177 00:08:18,802 --> 00:08:20,717 i-if I could just talk to him. 178 00:08:20,761 --> 00:08:23,546 So when I got there, it seemed like I had made it in time. 179 00:08:23,590 --> 00:08:25,722 But I couldn't get him to get in the car with me. 180 00:08:25,766 --> 00:08:28,159 A-And the next thing I know, the judge is leaving his house 181 00:08:28,203 --> 00:08:31,380 and Brendan sneaks up behind him... 182 00:08:31,423 --> 00:08:34,426 slits his throat, then jumps in the car with me 183 00:08:34,470 --> 00:08:37,081 and orders me to drive away.Orders you? 184 00:08:37,125 --> 00:08:39,475 H-He put a pistol to my head. 185 00:08:41,869 --> 00:08:44,828 Anyway, like five minutes later, the cops pulled us over. 186 00:08:44,872 --> 00:08:48,484 What'd you tell them?Uh, nothing. 187 00:08:48,528 --> 00:08:51,139 Some things you just learn sitting at the kitchen table. 188 00:08:51,182 --> 00:08:53,576 I learned young not to talk. 189 00:08:53,620 --> 00:08:55,447 So you didn't tell them 190 00:08:55,491 --> 00:08:56,797 that story you just told us? 191 00:08:56,840 --> 00:08:58,450 Okay. 192 00:08:58,494 --> 00:09:00,931 Well, if we got involved, 193 00:09:00,975 --> 00:09:04,021 I'd want to file a motion to sever 194 00:09:04,065 --> 00:09:05,806 your trial from your brother's. 195 00:09:05,849 --> 00:09:08,983 Right now, you're being charged together with murder. 196 00:09:09,026 --> 00:09:12,116 Meaning, you'll both be tried at the same time 197 00:09:12,160 --> 00:09:13,465 with the same jury. 198 00:09:13,509 --> 00:09:15,424 We'd be requesting for your trials to be 199 00:09:15,467 --> 00:09:17,078 completely separated. 200 00:09:17,121 --> 00:09:18,514 The more we can distance you 201 00:09:18,558 --> 00:09:20,298 from your family's reputation, the better. 202 00:09:20,342 --> 00:09:22,779 BULL: Benny's right; your best chance 203 00:09:22,823 --> 00:09:24,868 is for you to just tell the truth. 204 00:09:24,912 --> 00:09:26,740 Explain that you were trying to stop your brother 205 00:09:26,783 --> 00:09:28,611 and the only reason you drove away 206 00:09:28,655 --> 00:09:30,308 is that you were afraid for your life. 207 00:09:30,352 --> 00:09:32,049 I don't think you understand. 208 00:09:32,093 --> 00:09:34,138 I can't say that. 209 00:09:34,182 --> 00:09:37,794 I'd effectively be testifying against my own brother.Connor. 210 00:09:37,838 --> 00:09:40,188 If you won't speak up for yourself 211 00:09:40,231 --> 00:09:42,582 against Brendan, we don't have a case. 212 00:09:42,625 --> 00:09:44,409 You don't have a case. 213 00:09:44,453 --> 00:09:46,237 CONNOR: Look... 214 00:09:46,281 --> 00:09:49,284 I never wanted anything to do with my family's business. 215 00:09:49,327 --> 00:09:52,374 But that doesn't mean that I don't love my family. 216 00:09:52,417 --> 00:09:55,072 My brother and I have always been different. 217 00:09:55,116 --> 00:09:58,336 But there were times when we were all each other had. 218 00:09:58,380 --> 00:10:01,252 We made a pact a long time ago. 219 00:10:01,296 --> 00:10:03,994 We do not turn on each other, we protect each other. 220 00:10:04,038 --> 00:10:05,822 No matter what. 221 00:10:05,866 --> 00:10:07,607 No offense, but... it doesn't sound like 222 00:10:07,650 --> 00:10:10,218 he was honoring that pact when he put a gun to your head. 223 00:10:10,261 --> 00:10:12,133 He was scared. 224 00:10:12,176 --> 00:10:15,005 Brendan's always been scared. 225 00:10:15,049 --> 00:10:18,661 Of Dad, of being a screwup. 226 00:10:18,705 --> 00:10:20,358 Being a disappointment. 227 00:10:22,491 --> 00:10:24,275 Brendan would never hurt me. 228 00:10:24,319 --> 00:10:27,365 You could spend the rest of your life in prison. 229 00:10:27,409 --> 00:10:30,064 And if I testify against him, 230 00:10:30,107 --> 00:10:32,022 he could get the death penalty. 231 00:10:32,066 --> 00:10:35,286 I'm not gonna be responsible for killing my brother. 232 00:10:38,333 --> 00:10:40,640 Well, notwithstanding the investment in time, 233 00:10:40,683 --> 00:10:42,380 I think that worked out for the best. 234 00:10:42,424 --> 00:10:45,340 I'm telling you, no good could come 235 00:10:45,383 --> 00:10:47,298 from representing people who have spent their lives 236 00:10:47,342 --> 00:10:48,778 engaging in criminal activity. 237 00:10:48,822 --> 00:10:52,042 As far as I can tell, that boy's never spent a minute 238 00:10:52,086 --> 00:10:54,871 doing anything outside the law. 239 00:10:54,915 --> 00:10:57,221 I'm telling his mother we're taking the case. 240 00:10:57,265 --> 00:10:59,876 Excuse me? 241 00:10:59,920 --> 00:11:03,575 Wa... was I not in the same room as you? 242 00:11:03,619 --> 00:11:07,057 The boy does not want to be pitted against his brother. 243 00:11:07,101 --> 00:11:08,668 He made that point crystal clear. 244 00:11:08,711 --> 00:11:11,366 And the only way in hell to get him off 245 00:11:11,409 --> 00:11:13,629 is to sever his trial from the man 246 00:11:13,673 --> 00:11:17,154 who did the actual killing; and he won't do it. 247 00:11:17,198 --> 00:11:18,416 What am I missing? 248 00:11:18,460 --> 00:11:21,593 You haven't met the mother. 249 00:11:21,637 --> 00:11:22,986 He'll do it. 250 00:11:23,030 --> 00:11:27,295 He'll do whatever Mommy tells him to do. 251 00:11:30,907 --> 00:11:32,909 ♪ 252 00:11:40,787 --> 00:11:42,223 You gotta know this wasn't my idea. 253 00:11:42,266 --> 00:11:45,530 I wasn't born yesterday.[scoffs softly] 254 00:11:45,574 --> 00:11:46,706 BAILIFF: All rise. 255 00:11:46,749 --> 00:11:50,187 The Honorable Judge Hamilton presiding. 256 00:11:52,799 --> 00:11:55,976 I understand you'd like to be heard on a motion, Mr. Colón? 257 00:11:56,019 --> 00:11:58,413 Yes, Your Honor. Thank you, Your Honor. 258 00:11:58,456 --> 00:12:01,764 My client, defendant Connor McCandless, 259 00:12:01,808 --> 00:12:04,288 is asking for the court's permission to sever his trial 260 00:12:04,332 --> 00:12:06,769 from that of codefendant, Brendan McCandless. 261 00:12:06,813 --> 00:12:07,857 Your Honor, for the record, 262 00:12:07,901 --> 00:12:09,424 the prosecution vehemently objects 263 00:12:09,467 --> 00:12:10,991 on the grounds... 264 00:12:11,034 --> 00:12:13,428 Motion denied. 265 00:12:15,952 --> 00:12:18,476 Forgive me, Your Honor, I was not 266 00:12:18,520 --> 00:12:21,436 given the opportunity to argue the motion. 267 00:12:21,479 --> 00:12:24,047 The law's the law, Counselor. 268 00:12:24,091 --> 00:12:26,963 Any argument you choose to make would be beside the point. 269 00:12:27,007 --> 00:12:30,750 I... I beg to differ, Your Honor. 270 00:12:30,793 --> 00:12:34,449 I think it's only reasonable that you hear out 271 00:12:34,492 --> 00:12:37,104 the particular circumstances surrounding... 272 00:12:37,147 --> 00:12:39,323 Are you calling me unreasonable, Counselor? 273 00:12:41,325 --> 00:12:44,285 This court finds you in contempt, Mr. Colón. 274 00:12:44,328 --> 00:12:47,810 Really? You can't be serious.[gavel bangs] 275 00:12:47,854 --> 00:12:51,945 This court hereby fines you $1,000. Serious enough? 276 00:12:51,988 --> 00:12:53,033 But, Your Honor...[gavel bangs] 277 00:12:53,076 --> 00:12:54,425 Let's make it 2,000. 278 00:12:54,469 --> 00:12:57,951 And lest you mistake my intentions here, 279 00:12:57,994 --> 00:13:00,301 if I hear one more word from you, Mr. Colón, 280 00:13:00,344 --> 00:13:01,737 you will be taken into custody. 281 00:13:03,608 --> 00:13:05,697 Now... 282 00:13:05,741 --> 00:13:07,569 is there anything else? 283 00:13:07,612 --> 00:13:10,485 That's everything, Your Honor. 284 00:13:10,528 --> 00:13:12,879 Very well, then. 285 00:13:12,922 --> 00:13:15,925 The trial begins this afternoon, 1:00 p.m. 286 00:13:15,969 --> 00:13:19,450 [gavel bangs]Court's adjourned. 287 00:13:19,494 --> 00:13:21,191 [mouthing] 288 00:13:27,328 --> 00:13:29,243 Please tell me you got it. 289 00:13:29,286 --> 00:13:31,811 Okay. But I'd be lying. 290 00:13:31,854 --> 00:13:32,942 I'm not doing any better. 291 00:13:32,986 --> 00:13:34,596 My number one source over there 292 00:13:34,639 --> 00:13:37,338 put me on hold 17 minutes ago. 293 00:13:37,381 --> 00:13:39,079 I've called in every favor I can, 294 00:13:39,122 --> 00:13:41,603 but no one is willing to slip us the jury list. 295 00:13:41,646 --> 00:13:43,953 Who knew? Nobody at the courthouse 296 00:13:43,997 --> 00:13:46,826 is willing to help the folks who are defending the judge killer. 297 00:13:46,869 --> 00:13:48,175 Everybody over there looked at me 298 00:13:48,218 --> 00:13:50,351 like I had stole their dog. 299 00:13:50,394 --> 00:13:51,831 Ah... 300 00:13:51,874 --> 00:13:53,528 So, what did Marissa have to say? 301 00:13:53,571 --> 00:13:56,183 Well, looks like we're gonna do voir dire old-school. 302 00:13:56,226 --> 00:13:58,881 No earwig, no jury list, no research in advance. 303 00:13:58,925 --> 00:14:02,015 Just you, me and a yellow legal pad 304 00:14:02,058 --> 00:14:03,538 flying by the seat of our pants. 305 00:14:03,581 --> 00:14:05,845 Oh, so it's not just the judge who hates us. 306 00:14:05,888 --> 00:14:08,586 No, I'd say the entire courthouse is united 307 00:14:08,630 --> 00:14:10,458 in their contempt for TAC. 308 00:14:10,501 --> 00:14:11,894 I hate to say I told you so. 309 00:14:11,938 --> 00:14:13,678 [chuckles] No, you don't. 310 00:14:13,722 --> 00:14:16,159 So, what's the game plan, General Custer? 311 00:14:16,203 --> 00:14:17,987 BULL: We'll be battling something called 312 00:14:18,031 --> 00:14:20,511 an "anchoring bias," which is when a person 313 00:14:20,555 --> 00:14:22,426 possesses a trait so dominant 314 00:14:22,470 --> 00:14:23,906 that it colors everything else about them. 315 00:14:23,950 --> 00:14:25,734 It could be age, it could be race, it could be income. 316 00:14:25,777 --> 00:14:29,259 Or even a family's reputation.[sighs] Precisely. 317 00:14:29,303 --> 00:14:31,696 And, lucky us, we won't just have one McCandless 318 00:14:31,740 --> 00:14:33,394 sitting at the defense table, we'll have two. 319 00:14:33,437 --> 00:14:35,135 That's quite an anchor. 320 00:14:35,178 --> 00:14:37,702 What we really need are people with 321 00:14:37,746 --> 00:14:39,791 a kind of tunnel vision. 322 00:14:39,835 --> 00:14:41,663 People who are prone to making decisions 323 00:14:41,706 --> 00:14:43,795 based solely on what they have 324 00:14:43,839 --> 00:14:45,754 directly in front of them, as opposed to all the baggage 325 00:14:45,797 --> 00:14:47,974 a person might bring into the courtroom with them. 326 00:14:48,017 --> 00:14:51,151 So, who do you like? 327 00:14:51,194 --> 00:14:53,153 BULL: See juror number nine?BENNY: Mm. 328 00:14:53,196 --> 00:14:54,632 BULL: Holding a newspaper. 329 00:14:54,676 --> 00:14:56,156 It's open to the movie timetable. 330 00:14:56,199 --> 00:14:57,853 Let's start with him. 331 00:14:57,897 --> 00:14:59,072 Good afternoon. 332 00:14:59,115 --> 00:15:00,943 [overlapping greetings]All right. 333 00:15:00,987 --> 00:15:04,512 Sir, I couldn't help but notice your newspaper. 334 00:15:04,555 --> 00:15:06,557 You had it open to the movie page. You a fan? 335 00:15:06,601 --> 00:15:08,037 All my life. Okay. 336 00:15:08,081 --> 00:15:12,476 So, let's say you head over to the movies. 337 00:15:12,520 --> 00:15:15,088 You've got it in your head to see that big blockbuster 338 00:15:15,131 --> 00:15:16,785 everybody's been talking about. 339 00:15:16,828 --> 00:15:19,527 But when you get over there, it's all sold out. 340 00:15:19,570 --> 00:15:22,530 The only movie you can still get tickets to 341 00:15:22,573 --> 00:15:25,359 is one that does not have good word of mouth. 342 00:15:25,402 --> 00:15:26,751 You still buying a ticket? 343 00:15:26,795 --> 00:15:28,362 Probably. 344 00:15:28,405 --> 00:15:30,886 Frankly, I don't much care what anyone else thinks. 345 00:15:30,930 --> 00:15:32,453 And when I'm in the mood to see a movie, 346 00:15:32,496 --> 00:15:34,585 I'm in the mood to see a movie. 347 00:15:37,762 --> 00:15:40,635 We could also use some black sheep. 348 00:15:40,678 --> 00:15:43,072 Jurors who know what it's like to be stuck in a group, 349 00:15:43,116 --> 00:15:46,206 and branded with a label they did nothing to earn. 350 00:15:46,249 --> 00:15:47,903 Show of hands. 351 00:15:47,947 --> 00:15:50,427 How many of you are under the age of 30? 352 00:15:52,603 --> 00:15:56,564 Okay, now, how many of you own three devices or more? 353 00:15:56,607 --> 00:16:00,829 Phone, laptop, desktop, tablet. 354 00:16:00,872 --> 00:16:03,963 Okay. Two devices or more? 355 00:16:06,182 --> 00:16:09,098 Just one device? 356 00:16:09,142 --> 00:16:12,928 You, sir, do you not own a cell phone? 357 00:16:12,972 --> 00:16:15,452 I did, but I don't. 358 00:16:15,496 --> 00:16:17,977 No laptop, tablet? 359 00:16:18,020 --> 00:16:20,631 I know, it's like I'm a traitor to my generation. 360 00:16:20,675 --> 00:16:23,417 But I really prefer reading books and newspapers, 361 00:16:23,460 --> 00:16:24,984 and choosing when I want to talk to someone, 362 00:16:25,027 --> 00:16:27,334 and when I want to be available to be talked to. 363 00:16:27,377 --> 00:16:28,944 I like my music on vinyl, 364 00:16:28,988 --> 00:16:31,164 and I do most of my shopping in person. 365 00:16:33,862 --> 00:16:37,213 Your Honor, this juror is acceptable to the defense. 366 00:16:37,257 --> 00:16:39,694 [sighs] 367 00:16:39,737 --> 00:16:41,304 Didn't see the mother in court today. 368 00:16:41,348 --> 00:16:44,264 Yeah, well, I figured the potential jurors 369 00:16:44,307 --> 00:16:46,962 had enough McCandless family members to look at. 370 00:16:47,006 --> 00:16:49,530 Did you convince Connor to take the stand, 371 00:16:49,573 --> 00:16:51,271 talk about his brother? 372 00:16:52,533 --> 00:16:54,361 Not yet. Not that I've heard. 373 00:16:54,404 --> 00:16:56,406 Not that I'm... aware of. 374 00:16:56,450 --> 00:16:58,060 How long have we known each other? 375 00:16:58,104 --> 00:16:59,670 Long time. 376 00:16:59,714 --> 00:17:03,065 We both know these people do not testify against each other. 377 00:17:03,109 --> 00:17:05,024 Do not rat on each other. 378 00:17:05,067 --> 00:17:06,329 Just doesn't happen. 379 00:17:06,373 --> 00:17:08,462 SHEILA: And then I heard 380 00:17:08,505 --> 00:17:10,638 a scream... 381 00:17:10,681 --> 00:17:13,032 and I knew something terrible had happened. 382 00:17:13,075 --> 00:17:15,643 And when I turned around, 383 00:17:15,686 --> 00:17:19,690 he was on the ground, and blood was just... 384 00:17:19,734 --> 00:17:21,649 pouring out of him. 385 00:17:21,692 --> 00:17:23,651 And did you see the attacker? 386 00:17:23,694 --> 00:17:25,305 Yes. 387 00:17:25,348 --> 00:17:27,437 He's that man. 388 00:17:27,481 --> 00:17:30,266 VALDEZ: For the record, the witness has identified 389 00:17:30,310 --> 00:17:32,703 the defendant, Mr. Brendan McCandless. 390 00:17:34,140 --> 00:17:35,358 And then what happened? 391 00:17:35,402 --> 00:17:39,319 That man, who slit the judge's throat, 392 00:17:39,362 --> 00:17:43,540 he ran back to his getaway car and pulled off his mask. 393 00:17:43,584 --> 00:17:47,805 That's when I saw him, as he was getting into his car. 394 00:17:47,849 --> 00:17:50,547 A-a silver sedan. 395 00:17:50,591 --> 00:17:53,724 Was this the car?Yes. 396 00:17:53,768 --> 00:17:55,552 And did you see the driver? 397 00:17:55,596 --> 00:17:57,728 Yes. 398 00:17:57,772 --> 00:18:00,079 VALDEZ: For the record, the witness has identified 399 00:18:00,122 --> 00:18:03,952 the defendant, Mr. Connor McCandless. 400 00:18:03,995 --> 00:18:06,737 No further questions at this time, Your Honor. 401 00:18:08,087 --> 00:18:09,958 Ms. Hartley, I believe you used the expression 402 00:18:10,001 --> 00:18:11,612 "getaway car," am I correct? 403 00:18:11,655 --> 00:18:13,222 I think so, yes. 404 00:18:13,266 --> 00:18:15,355 And when you were interviewed by the police, 405 00:18:15,398 --> 00:18:16,878 you told them you were standing 406 00:18:16,921 --> 00:18:19,010 about 50 feet away from the vehicle. 407 00:18:19,054 --> 00:18:20,403 That's correct. 408 00:18:20,447 --> 00:18:22,579 And could you see anything inside the vehicle? 409 00:18:22,623 --> 00:18:25,104 No, it-it was too dark. 410 00:18:25,147 --> 00:18:29,543 But you just identified the driver as my client. 411 00:18:29,586 --> 00:18:30,848 Can you explain that? 412 00:18:30,892 --> 00:18:35,679 When the car took off, it drove right by me, 413 00:18:35,723 --> 00:18:37,028 and I could actually see 414 00:18:37,072 --> 00:18:39,727 right into the driver's side window. 415 00:18:39,770 --> 00:18:42,121 That's when I saw your client. 416 00:18:42,164 --> 00:18:44,123 BENNY: I see, but... 417 00:18:44,166 --> 00:18:49,432 at the moment the judge's killer actually entered the car, 418 00:18:49,476 --> 00:18:52,914 you couldn't see if he punched the driver 419 00:18:52,957 --> 00:18:54,611 or held a gun to the driver's head, 420 00:18:54,655 --> 00:18:57,092 or forced him in some way to drive? 421 00:18:57,136 --> 00:18:59,050 Well, no, but...Thank you. 422 00:18:59,094 --> 00:19:01,183 No further questions, Your Honor. 423 00:19:01,227 --> 00:19:03,881 So much for the eyewitness. 424 00:19:03,925 --> 00:19:05,187 Yeah, I'm not so sure. 425 00:19:05,231 --> 00:19:07,146 It didn't move the needle over here. 426 00:19:09,409 --> 00:19:11,106 I don't mean to sound like a broken record, 427 00:19:11,150 --> 00:19:12,499 but have you heard from the mother? 428 00:19:12,542 --> 00:19:13,848 No. 429 00:19:13,891 --> 00:19:15,589 Connor said anything to you? 430 00:19:15,632 --> 00:19:17,417 'Cause he certainly hasn't said anything to me. 431 00:19:17,460 --> 00:19:18,548 No. 432 00:19:18,592 --> 00:19:20,202 [sighs] 433 00:19:20,246 --> 00:19:21,856 Well, not to belabor the obvious, 434 00:19:21,899 --> 00:19:24,075 but in the very near future, the prosecution 435 00:19:24,119 --> 00:19:25,686 is gonna rest their case. 436 00:19:25,729 --> 00:19:27,688 And all we really have is Connor. 437 00:19:27,731 --> 00:19:29,777 And if he's unwilling to talk about what his brother did... 438 00:19:29,820 --> 00:19:30,865 I know. 439 00:19:30,908 --> 00:19:33,215 Tomorrow at lunch, we'll sit him down, 440 00:19:33,259 --> 00:19:34,695 we'll have the talk. 441 00:19:34,738 --> 00:19:37,088 In fact, I'll call his mom tonight, make sure she's there. 442 00:19:37,132 --> 00:19:40,744 Get this done, once and for all. 443 00:19:40,788 --> 00:19:43,660 Thank you. [sighs] 444 00:19:43,704 --> 00:19:45,793 [indistinct chatter] 445 00:19:50,711 --> 00:19:52,452 Counselors, if you're ready to begin... 446 00:19:52,495 --> 00:19:55,498 Actually, Your Honor, Mr. O'Leary and I 447 00:19:55,542 --> 00:19:58,284 have a bit of business before you bring in the jury. 448 00:19:58,327 --> 00:20:00,329 HAMILTON: Yes, Mr. O'Leary? 449 00:20:00,373 --> 00:20:03,550 Your Honor, the defendant, Brendan McCandless, 450 00:20:03,593 --> 00:20:05,552 would like to change his plea to guilty. 451 00:20:05,595 --> 00:20:09,033 And he also agreed to testify on behalf of the prosecution 452 00:20:09,077 --> 00:20:11,253 against Connor McCandless. 453 00:20:11,297 --> 00:20:13,037 [gallery murmuring]HAMILTON: Order! 454 00:20:13,081 --> 00:20:14,561 [gavel bangs]Order in the court! 455 00:20:14,604 --> 00:20:15,953 Brendan? 456 00:20:17,433 --> 00:20:19,305 So, what exactly does this mean? 457 00:20:19,348 --> 00:20:21,481 It means your older son is gonna lie 458 00:20:21,524 --> 00:20:24,223 and sacrifice Connor to save himself. 459 00:20:31,273 --> 00:20:33,623 "Connor McCandless was the architect of the judge's murder. 460 00:20:33,667 --> 00:20:35,973 "Connor McCandless drove the getaway car. 461 00:20:36,017 --> 00:20:37,758 Connor McCandless provided the murder weapon." 462 00:20:37,801 --> 00:20:41,152 Now, this... is a copy of your brother's statement, 463 00:20:41,196 --> 00:20:43,459 and this is what he's gonna say about you in court. 464 00:20:43,503 --> 00:20:46,157 He testifies against you, and in exchange, 465 00:20:46,201 --> 00:20:48,551 the death penalty is off the table. 466 00:20:50,379 --> 00:20:54,731 I have spent my whole life being loyal to my brother. 467 00:20:54,775 --> 00:20:57,691 I know. We all know. 468 00:20:57,734 --> 00:21:00,259 But there are times you just have to look out for yourself. 469 00:21:00,302 --> 00:21:01,999 This is one of those times. 470 00:21:02,043 --> 00:21:05,046 Maybe he just doesn't really understand. 471 00:21:05,089 --> 00:21:06,265 Could you talk to him? 472 00:21:06,308 --> 00:21:08,005 Make sure he knows what he's doing. 473 00:21:08,049 --> 00:21:10,486 Connor, I promise you, he knows what he's doing. 474 00:21:10,530 --> 00:21:12,183 I know this isn't gonna make you feel any better, 475 00:21:12,227 --> 00:21:14,316 but a man will make a lot of selfish decisions 476 00:21:14,360 --> 00:21:18,277 when facing the prospect of death by lethal injection. 477 00:21:18,320 --> 00:21:21,367 And now, what happens to his deal 478 00:21:21,410 --> 00:21:23,499 if I go up there and I tell the truth? 479 00:21:23,543 --> 00:21:24,761 Well, if the court finds that 480 00:21:24,805 --> 00:21:27,634 Brendan's statement was not truthful, 481 00:21:27,677 --> 00:21:29,418 then he will have perjured himself. 482 00:21:29,462 --> 00:21:30,854 And that will negate the plea deal. 483 00:21:30,898 --> 00:21:33,204 That would mean 484 00:21:33,248 --> 00:21:36,773 that the death penalty would be back on the table for him. 485 00:21:36,817 --> 00:21:39,602 Look at me. 486 00:21:39,646 --> 00:21:41,300 There's nothing to think about. 487 00:21:41,343 --> 00:21:43,432 Your brother murdered a man. 488 00:21:43,476 --> 00:21:46,435 You did nothing but try and stop him. 489 00:21:46,479 --> 00:21:49,003 Your whole life's been about trying to help people. 490 00:21:49,046 --> 00:21:51,048 His life has been about preying on them. 491 00:21:51,092 --> 00:21:52,615 Whose soul is it 492 00:21:52,659 --> 00:21:55,575 you think the Lord wants to survive? 493 00:21:57,751 --> 00:22:00,101 Okay. 494 00:22:03,278 --> 00:22:04,627 BENNY: You were right about her. 495 00:22:04,671 --> 00:22:06,150 She's a force, all right.Yeah, 496 00:22:06,194 --> 00:22:08,152 I still think we have a problem, though. 497 00:22:08,196 --> 00:22:10,590 I mean, if I'm a juror, and I'm looking at two kids 498 00:22:10,633 --> 00:22:13,767 named McCandless pointing the finger at each other, I... 499 00:22:13,810 --> 00:22:15,769 I don't know if I believe either one of them. 500 00:22:15,812 --> 00:22:17,901 Benny. Brendan McCandless has a rap sheet 501 00:22:17,945 --> 00:22:20,121 longer than the New York State Thruway, and Connor? 502 00:22:20,164 --> 00:22:21,731 He's clean as a whistle. 503 00:22:21,775 --> 00:22:26,214 Still. Wish we had someone whose name wasn't McCandless 504 00:22:26,257 --> 00:22:29,478 to back up Connor's version of what happened that night. 505 00:22:29,522 --> 00:22:31,262 Hmm. 506 00:22:31,306 --> 00:22:32,438 DANNY: I just had a thought. 507 00:22:32,481 --> 00:22:35,005 Okay.So... 508 00:22:35,049 --> 00:22:36,920 I've been knocking on every door of every apartment, 509 00:22:36,964 --> 00:22:39,358 brownstone, storefront in the area, 510 00:22:39,401 --> 00:22:41,490 and I haven't found a single witness who can corroborate 511 00:22:41,534 --> 00:22:43,492 Connor's story about his brother forcing him to drive. 512 00:22:43,536 --> 00:22:45,451 Then I realized, 513 00:22:45,494 --> 00:22:49,106 all of this happened at 7:00 at night. Dinnertime. 514 00:22:49,150 --> 00:22:51,674 There's lots of food being delivered. 515 00:22:52,762 --> 00:22:55,548 Any way I can get you to tap into 516 00:22:55,591 --> 00:22:57,767 the different food delivery apps, 517 00:22:57,811 --> 00:22:59,900 and get me some names of the delivery people 518 00:22:59,943 --> 00:23:02,076 that I can interview who might be in the area? 519 00:23:02,119 --> 00:23:03,469 Legally? 520 00:23:11,346 --> 00:23:12,869 Sorry, we're not open. 521 00:23:12,913 --> 00:23:15,611 Ah, my name's Dr. Jason Bull. I'm supposed to meet a friend? 522 00:23:15,655 --> 00:23:18,179 She's by the patio. 523 00:23:19,702 --> 00:23:21,312 Hey. 524 00:23:21,356 --> 00:23:22,966 [chuckles]: Hi. 525 00:23:23,010 --> 00:23:25,142 Thanks for meeting me before court.Well, 526 00:23:25,186 --> 00:23:27,318 I hope I didn't keep you waiting too long. 527 00:23:27,362 --> 00:23:28,885 Never heard of this place. 528 00:23:28,929 --> 00:23:30,452 It's mine. 529 00:23:30,496 --> 00:23:32,454 Uh, my grandmother's, actually, 530 00:23:32,498 --> 00:23:35,283 but then it became mine. 531 00:23:35,326 --> 00:23:38,329 Only thing that I have that's truly my own. 532 00:23:38,373 --> 00:23:39,940 Hmm. 533 00:23:39,983 --> 00:23:42,638 Only thing that has absolutely nothing to do with Donovan. 534 00:23:42,682 --> 00:23:44,771 The only place I can come 535 00:23:44,814 --> 00:23:46,773 where nobody cares who my husband is. 536 00:23:48,688 --> 00:23:50,690 Best Irish stew in the city, if you're a fan. 537 00:23:50,733 --> 00:23:53,606 Well, I'll have to keep that in mind. 538 00:23:59,829 --> 00:24:01,788 So tell me it's gonna be all right. 539 00:24:01,831 --> 00:24:04,486 I can't. 540 00:24:04,530 --> 00:24:08,011 Connor will be a far more credible witness than Brendan. 541 00:24:08,055 --> 00:24:09,491 But no matter what they say about each other, 542 00:24:09,535 --> 00:24:11,624 Brendan pled guilty. 543 00:24:11,667 --> 00:24:14,627 And so, if we can't present enough evidence 544 00:24:14,670 --> 00:24:17,804 to show that Connor wasn't a willing participant, 545 00:24:17,847 --> 00:24:20,154 they will both go to prison. 546 00:24:20,197 --> 00:24:22,112 You think I'm a monster? 547 00:24:23,984 --> 00:24:25,725 Praying for one of my boys to lose his life 548 00:24:25,768 --> 00:24:27,901 so the other can have one? 549 00:24:29,468 --> 00:24:32,819 I think you've seen enough to know how Brendan's story ends. 550 00:24:32,862 --> 00:24:37,301 And Connor, well, 551 00:24:37,345 --> 00:24:40,435 his story hasn't been written yet. 552 00:24:42,785 --> 00:24:45,484 And for what it's worth, I think it takes a lot of courage 553 00:24:45,527 --> 00:24:48,487 to fight for the son you cansave. 554 00:24:50,532 --> 00:24:53,753 You know, I tried to save Brendan, too. 555 00:24:55,798 --> 00:24:57,452 He's so good with his hands. 556 00:24:57,496 --> 00:24:59,280 [chuckles] 557 00:24:59,323 --> 00:25:01,587 Always fixing things. 558 00:25:01,630 --> 00:25:05,373 I reached out to a cousin in Ohio, a plane mechanic? 559 00:25:05,416 --> 00:25:07,723 I thought maybe, you know... 560 00:25:09,682 --> 00:25:13,555 Brendan couldn't bring himself to walk away. 561 00:25:13,599 --> 00:25:18,299 Maybe he was afraid of what his father would think or do. 562 00:25:18,342 --> 00:25:21,084 Or maybe it's just who Brendan is. 563 00:25:21,128 --> 00:25:23,478 [laughs softly] 564 00:25:23,522 --> 00:25:26,916 Who he's always been. 565 00:25:32,400 --> 00:25:35,534 So what if I took the stand? 566 00:25:35,577 --> 00:25:39,189 Put my hand on the Bible and swore to God 567 00:25:39,233 --> 00:25:43,759 I was afraid of what Brendan might do that night? 568 00:25:43,803 --> 00:25:48,764 Tell-tell the court how I made Connor go stop Brendan? 569 00:25:48,808 --> 00:25:51,637 I'm sorry, Mrs. McCandless. 570 00:25:51,680 --> 00:25:54,161 I don't think it'll make a difference. 571 00:25:54,204 --> 00:25:56,032 You weren't there when the judge was killed. 572 00:25:56,076 --> 00:25:58,034 And you may have told Connor to stop Brendan, 573 00:25:58,078 --> 00:26:01,429 but we can't prove that Connor listened. 574 00:26:06,826 --> 00:26:08,784 So what do we do? 575 00:26:08,828 --> 00:26:11,961 We go to court. We fight. 576 00:26:12,005 --> 00:26:16,357 And in about an hour, your son Brendan takes the stand 577 00:26:16,400 --> 00:26:18,359 and says whatever he's been prompted to say, 578 00:26:18,402 --> 00:26:20,056 a pack of lies, I'm sure. 579 00:26:21,536 --> 00:26:23,320 And we put on the best defense possible, 580 00:26:23,364 --> 00:26:26,367 ask the toughest questions. 581 00:26:26,410 --> 00:26:30,501 And put our faith in the wisdom of juries. 582 00:26:39,902 --> 00:26:41,338 HAMILTON: Ms. Vasquez, Mr. O'Leary, 583 00:26:41,382 --> 00:26:42,992 this court is not 584 00:26:43,036 --> 00:26:44,472 in the habit of waiting for a witness, 585 00:26:44,515 --> 00:26:46,648 particularly when that witness is the accused. 586 00:26:46,692 --> 00:26:49,042 Can either one of you provide any clarity? 587 00:26:53,524 --> 00:26:54,787 [clears throat] 588 00:26:54,830 --> 00:26:56,223 I... 589 00:26:56,266 --> 00:26:58,486 To the best of my knowledge, he's in the prison van 590 00:26:58,529 --> 00:26:59,792 on his way here, Your Honor. 591 00:27:04,753 --> 00:27:07,582 Think he got cold feet about testifying? 592 00:27:07,626 --> 00:27:09,715 From your lips. 593 00:27:09,758 --> 00:27:11,281 Your Honor. 594 00:27:21,683 --> 00:27:23,293 Marshal, can you please clear the gallery? 595 00:27:42,661 --> 00:27:45,272 I was just informed that the government's next witness, 596 00:27:45,315 --> 00:27:47,709 Brendan McCandless, was murdered 597 00:27:47,753 --> 00:27:49,755 in the prison yard this morning. 598 00:27:57,893 --> 00:28:01,331 MARISSA: I know this is sort of a tactless question, 599 00:28:01,375 --> 00:28:04,595 but is this good for our side or bad for our side? 600 00:28:04,639 --> 00:28:06,597 [exhales] 601 00:28:06,641 --> 00:28:09,644 In my opinion, it would've been almost impossible 602 00:28:09,688 --> 00:28:12,386 to overcome Brendan's testimony. 603 00:28:12,429 --> 00:28:15,737 His death may have actually saved our case. 604 00:28:15,781 --> 00:28:17,783 What do you say? 605 00:28:17,826 --> 00:28:19,175 The fact remains, 606 00:28:19,219 --> 00:28:20,829 a federal judge was murdered in cold blood 607 00:28:20,873 --> 00:28:24,441 and that jury is gonna want someone to pay. 608 00:28:24,485 --> 00:28:26,792 And now our client's the only one left to do it. 609 00:28:26,835 --> 00:28:29,142 [knocking on glass] 610 00:28:29,185 --> 00:28:31,448 Bad time? Good time? 611 00:28:31,492 --> 00:28:32,449 What do you got? 612 00:28:32,493 --> 00:28:34,713 Well, I just back from Rikers. 613 00:28:34,756 --> 00:28:36,758 Turns out, the inmate 614 00:28:36,802 --> 00:28:40,849 who stabbed Brendan has a reputation as a killer for hire. 615 00:28:42,155 --> 00:28:44,113 I think we all assumed as much. 616 00:28:44,157 --> 00:28:47,160 A McCandless is killed in prison, it's probably a hit. 617 00:28:47,203 --> 00:28:51,338 But that's not all. The killer grew up with Connor. 618 00:28:51,381 --> 00:28:53,819 Wait. Are you saying that Connor... 619 00:28:53,862 --> 00:28:57,039 I'm not saying anything. 620 00:28:58,040 --> 00:29:00,042 [Benny clears throat] 621 00:29:02,697 --> 00:29:04,003 Connor. 622 00:29:05,091 --> 00:29:07,484 It's me and Benny. 623 00:29:07,528 --> 00:29:09,312 We just wanted to let you know 624 00:29:09,356 --> 00:29:12,446 how badly we feel about your brother. 625 00:29:12,489 --> 00:29:14,709 And you don't need to get dressed. 626 00:29:14,753 --> 00:29:16,189 We've asked for a continuance. 627 00:29:16,232 --> 00:29:18,365 Oh, no. Can you undo it? 628 00:29:18,408 --> 00:29:19,714 [sniffles] 629 00:29:19,758 --> 00:29:21,629 I don't think I'm gonna feel any better tomorrow 630 00:29:21,672 --> 00:29:23,239 than I'm gonna feel today. 631 00:29:23,283 --> 00:29:25,938 I don't think I'm ever gonna feel any better. 632 00:29:25,981 --> 00:29:29,115 I really just want to get 633 00:29:29,158 --> 00:29:31,987 this over with, uh, however it turns out. 634 00:29:32,031 --> 00:29:33,162 This continuance 635 00:29:33,206 --> 00:29:37,123 isn't really about how you feel. 636 00:29:37,166 --> 00:29:40,691 Your brother's killer. We know you knew him. 637 00:29:40,735 --> 00:29:43,042 We know you know him. 638 00:29:43,085 --> 00:29:46,219 We went to Catholic school together. 639 00:29:46,262 --> 00:29:49,439 I haven't seen him in, like, I don't know, five years? 640 00:29:49,483 --> 00:29:51,311 And before that, we weren't close. 641 00:29:51,354 --> 00:29:53,879 Maybe not since s-sixth grade. 642 00:29:53,922 --> 00:29:55,402 What are you implying? 643 00:29:55,445 --> 00:29:57,404 I'm not implying anything. 644 00:29:57,447 --> 00:29:58,971 I'm asking you the question that's gonna be 645 00:29:59,014 --> 00:30:01,495 on everyone's mind when we walk back into that courtroom. 646 00:30:01,538 --> 00:30:03,497 Did you have your brother killed? 647 00:30:04,977 --> 00:30:07,588 Seriously?BENNY: Connor, 648 00:30:07,631 --> 00:30:09,590 it's our job to protect you. 649 00:30:09,633 --> 00:30:11,635 And to do that, we have to ask. 650 00:30:11,679 --> 00:30:15,465 No. God, no. 651 00:30:15,509 --> 00:30:17,163 He was my brother. 652 00:30:17,206 --> 00:30:18,860 I believe you. 653 00:30:18,904 --> 00:30:21,950 But we need to be mindful of appearances. 654 00:30:21,994 --> 00:30:24,692 Less than 24 hours ago, Brendan was killed, 655 00:30:24,735 --> 00:30:26,825 and we are about to walk back into that courtroom 656 00:30:26,868 --> 00:30:29,523 with the one person who could contradict 657 00:30:29,566 --> 00:30:33,614 your version of events no longer able to do so. 658 00:30:33,657 --> 00:30:35,268 How do you think that looks? 659 00:30:35,311 --> 00:30:37,618 Yeah, but the jurors won't know. 660 00:30:39,533 --> 00:30:42,623 Jurors always promise not to watch the news, read the paper 661 00:30:42,666 --> 00:30:44,494 or go on the Internet. 662 00:30:44,538 --> 00:30:45,974 But somehow, miraculously, 663 00:30:46,018 --> 00:30:48,629 they always know what's going on in the world. 664 00:30:48,672 --> 00:30:51,893 And I can guarantee you they will know about Brendan's death. 665 00:30:51,937 --> 00:30:54,678 In fact, I'm sure they already do. 666 00:30:54,722 --> 00:30:56,593 And like it or not, they're all gonna 667 00:30:56,637 --> 00:30:57,986 come to their own conclusions 668 00:30:58,030 --> 00:31:00,902 about who had the most to gain by killing him. 669 00:31:03,557 --> 00:31:05,776 Let's let a couple days go by. 670 00:31:05,820 --> 00:31:08,649 I know you want this over with, but who knows, 671 00:31:08,692 --> 00:31:11,217 maybe by the time we're back in court, 672 00:31:11,260 --> 00:31:14,002 we'll find out who ordered the hit on your brother, 673 00:31:14,046 --> 00:31:16,483 and none of this will be an issue. 674 00:31:16,526 --> 00:31:19,486 [gavel bangs]BENNY: Your Honor, the defense would like to call 675 00:31:19,529 --> 00:31:21,618 Yuri Pasternak to the stand. 676 00:31:22,663 --> 00:31:24,447 You found a witness? 677 00:31:24,491 --> 00:31:27,015 I didn't. My staff did. 678 00:31:27,059 --> 00:31:28,712 BENNY: So Mr. Pasternak, 679 00:31:28,756 --> 00:31:31,759 will you please tell the court what it is you do for a living? 680 00:31:31,802 --> 00:31:34,196 I deliver food. Food from restaurants. 681 00:31:34,240 --> 00:31:36,416 People order it on an app on their phones, 682 00:31:36,459 --> 00:31:38,026 and I bring it to them. 683 00:31:38,070 --> 00:31:40,768 And on the night that Judge Stanley's throat was slit, 684 00:31:40,811 --> 00:31:42,204 you were there. 685 00:31:42,248 --> 00:31:43,989 You were making a delivery? 686 00:31:44,032 --> 00:31:46,905 Yeah. I just finished dropping off some vegan food 687 00:31:46,948 --> 00:31:49,037 to an apartment down the street. 688 00:31:49,081 --> 00:31:51,474 Vegan? You remember that. 689 00:31:51,518 --> 00:31:54,303 Uh, you always remember the bad tippers. 690 00:31:54,347 --> 00:31:55,522 Ah. Plus, 691 00:31:55,565 --> 00:31:57,480 all the stuff that happened after. 692 00:31:57,524 --> 00:31:59,918 And can you tell us what happened after? 693 00:31:59,961 --> 00:32:04,226 After I dropped off the food, I was walking back to my bike, 694 00:32:04,270 --> 00:32:08,230 and I could see this guy running with a mask on his face. 695 00:32:08,274 --> 00:32:09,753 Uh, he was running 696 00:32:09,797 --> 00:32:11,755 towards the silver car. 697 00:32:11,799 --> 00:32:14,149 And at the same time, I could hear some guy scream, 698 00:32:14,193 --> 00:32:15,498 like he'd been hurt. 699 00:32:15,542 --> 00:32:17,065 But you couldn't see him. 700 00:32:17,109 --> 00:32:19,633 Not from where I was, but I could see the guy 701 00:32:19,676 --> 00:32:22,853 that was running towards the silver car take his mask off 702 00:32:22,897 --> 00:32:25,421 and open the door and jump in, and in a second, 703 00:32:25,465 --> 00:32:27,815 they sped past me and down the street. 704 00:32:27,858 --> 00:32:30,949 And how close were you to the car when it passed you? 705 00:32:32,994 --> 00:32:34,778 Probably as close as I am to you. 706 00:32:34,822 --> 00:32:37,259 About 12 feet away?Yeah, that sounds right. 707 00:32:37,303 --> 00:32:39,392 And could you see anything 708 00:32:39,435 --> 00:32:41,089 inside the vehicle when it passed you? 709 00:32:41,133 --> 00:32:43,831 Yeah. I could see the running guy 710 00:32:43,874 --> 00:32:46,312 holding a gun to the driver's head. 711 00:32:46,355 --> 00:32:47,966 To that guy's head. 712 00:32:48,009 --> 00:32:51,665 [gallery murmuring] 713 00:32:51,708 --> 00:32:53,014 Tell me what you're seeing, Marissa. 714 00:32:53,058 --> 00:32:55,277 Well, I'm not seeing much, Bull. 715 00:32:55,321 --> 00:32:59,281 What're you talking about? How many did we win? 716 00:32:59,325 --> 00:33:00,804 MARISSA: We didn't win any. 717 00:33:00,848 --> 00:33:02,458 And the few that we had, 718 00:33:02,502 --> 00:33:04,330 they just went away. 719 00:33:04,373 --> 00:33:07,637 We lost them. We've lost them all. 720 00:33:07,681 --> 00:33:09,944 BULL: We even found an eyewitness. 721 00:33:09,988 --> 00:33:13,426 A man who actually saw Brendan put a gun to Connor's head, 722 00:33:13,469 --> 00:33:15,297 but it doesn't matter. 723 00:33:15,341 --> 00:33:17,517 The damage is done. 724 00:33:17,560 --> 00:33:19,649 The jury is convinced that, 725 00:33:19,693 --> 00:33:21,434 not only did he help kill the judge, 726 00:33:21,477 --> 00:33:23,697 but he had a hand in killing his own brother. 727 00:33:23,740 --> 00:33:27,353 It's because they don't know Connor. 728 00:33:27,396 --> 00:33:29,964 It's just not in him. 729 00:33:30,008 --> 00:33:33,315 If you're gonna drive a killer's getaway car, 730 00:33:33,359 --> 00:33:36,057 if you're gonna order a hit on someone, 731 00:33:36,101 --> 00:33:38,842 you got to be wired in a certain way. 732 00:33:38,886 --> 00:33:40,931 It's not about your last name. 733 00:33:40,975 --> 00:33:44,674 It's about: are you wired to do it? 734 00:33:44,718 --> 00:33:47,590 And very few people have that kind of wiring. 735 00:33:47,634 --> 00:33:51,203 I know. Very few. 736 00:33:51,246 --> 00:33:52,639 Precious few. 737 00:33:54,380 --> 00:33:56,034 Anyone spring to mind? 738 00:33:56,077 --> 00:33:59,037 [chuckles] 739 00:33:59,080 --> 00:34:01,952 You think it was me? 740 00:34:01,996 --> 00:34:04,129 That I killed my own child? 741 00:34:08,133 --> 00:34:09,830 Why would I do that? 742 00:34:09,873 --> 00:34:12,702 He betrayed your family. 743 00:34:12,746 --> 00:34:15,879 Turned state's evidence on his own brother. 744 00:34:15,923 --> 00:34:19,535 I've always heard that people in your line of work 745 00:34:19,579 --> 00:34:21,711 take enormous exception to things like that. 746 00:34:21,755 --> 00:34:23,757 [chuckles] 747 00:34:27,500 --> 00:34:30,720 It made me sad, 748 00:34:30,764 --> 00:34:32,722 not vengeful. 749 00:34:32,766 --> 00:34:36,030 And his death... 750 00:34:36,074 --> 00:34:39,077 his death means that everything I've built, 751 00:34:39,120 --> 00:34:41,992 everything I've fought for, 752 00:34:42,036 --> 00:34:44,038 I did for nothing. 753 00:34:46,432 --> 00:34:48,912 Who's gonna run it? 754 00:34:48,956 --> 00:34:51,872 Who's gonna watch over it? My wife? 755 00:34:51,915 --> 00:34:54,179 Connor? 756 00:34:56,224 --> 00:34:58,531 Why would I kill 757 00:34:58,574 --> 00:35:00,576 the only person... 758 00:35:02,970 --> 00:35:04,537 ...with any interest 759 00:35:04,580 --> 00:35:07,148 in keeping my name alive? 760 00:35:09,455 --> 00:35:11,587 You're right. 761 00:35:11,631 --> 00:35:14,024 It makes no sense. 762 00:35:14,068 --> 00:35:16,418 [chuckles] 763 00:35:16,462 --> 00:35:18,768 It's okay. 764 00:35:18,812 --> 00:35:21,119 I'm making my peace with it, 765 00:35:21,162 --> 00:35:23,730 all of it. 766 00:35:23,773 --> 00:35:26,602 I'll probably spend the rest of my life behind bars, 767 00:35:26,646 --> 00:35:28,430 and my name, 768 00:35:28,474 --> 00:35:31,041 the McCandless name, 769 00:35:31,085 --> 00:35:33,087 and everything it meant... 770 00:35:36,482 --> 00:35:39,006 ...will soon be forgotten. 771 00:35:42,052 --> 00:35:44,620 You know, that doesn't have to be the case. 772 00:35:44,664 --> 00:35:46,013 You still have a son. 773 00:35:48,233 --> 00:35:50,583 And believe it or not, I think there is something 774 00:35:50,626 --> 00:35:54,021 you can do to save your legacy, your name. 775 00:35:55,936 --> 00:35:57,851 Save your blood. 776 00:36:04,901 --> 00:36:06,860 I loved my sons, 777 00:36:06,903 --> 00:36:08,296 both my sons, 778 00:36:08,340 --> 00:36:11,169 but Brendan-- I'd look in his eyes, 779 00:36:11,212 --> 00:36:13,823 I'd see myself. 780 00:36:13,867 --> 00:36:18,001 I'd hear his thoughts, I'd hear myself. 781 00:36:18,045 --> 00:36:20,526 I loved that boy more than anything, 782 00:36:20,569 --> 00:36:22,832 and he loved me. 783 00:36:22,876 --> 00:36:24,486 He'd do anything for me. 784 00:36:24,530 --> 00:36:28,447 The death of Judge Stanley caused a mistrial 785 00:36:28,490 --> 00:36:30,275 in your own criminal case, didn't it? 786 00:36:30,318 --> 00:36:33,147 [sighs] Yes, it did. 787 00:36:33,191 --> 00:36:37,586 Would it be fair to say that no one has benefited more 788 00:36:37,630 --> 00:36:39,109 from the judge's death than you? 789 00:36:39,153 --> 00:36:42,591 It was certainly fortuitous. 790 00:36:42,635 --> 00:36:45,290 BENNY: Mr. McCandless, 791 00:36:45,333 --> 00:36:49,207 did you order the murder of Judge Weston Stanley? 792 00:36:53,472 --> 00:36:55,343 I never said the words, 793 00:36:55,387 --> 00:36:58,346 but as I mentioned before, we understood each other. 794 00:36:58,390 --> 00:37:00,696 The two of us knew what the other wanted. 795 00:37:00,740 --> 00:37:03,351 Needed. 796 00:37:03,395 --> 00:37:06,702 He did what I needed him to do. 797 00:37:06,746 --> 00:37:09,096 [gallery murmuring][gavel banging] 798 00:37:09,139 --> 00:37:11,925 BENNY: Now I realize 799 00:37:11,968 --> 00:37:14,580 you didn't directly tell him to do this, 800 00:37:14,623 --> 00:37:17,017 but at some point, did he 801 00:37:17,060 --> 00:37:18,758 communicate his intentions to you? 802 00:37:18,801 --> 00:37:20,890 Did he share his plans with you? 803 00:37:20,934 --> 00:37:23,502 He would speak, I would listen, 804 00:37:23,545 --> 00:37:26,244 but I never told him what to do. 805 00:37:26,287 --> 00:37:28,898 It wasn't a conversation. 806 00:37:28,942 --> 00:37:32,293 He would talk, 807 00:37:32,337 --> 00:37:34,600 I would listen to what he had to say. 808 00:37:34,643 --> 00:37:37,080 And when you were listening, 809 00:37:37,124 --> 00:37:38,821 did he ever mention Connor? 810 00:37:38,865 --> 00:37:40,562 Was he ever in the plans? 811 00:37:42,608 --> 00:37:44,566 DONOVAN: Your children, 812 00:37:44,610 --> 00:37:46,829 they each get different parts. 813 00:37:46,873 --> 00:37:50,137 Different parts of you, different parts of their mother. 814 00:37:50,180 --> 00:37:53,793 Connor-- 815 00:37:53,836 --> 00:37:56,186 and I say this with love-- 816 00:37:56,230 --> 00:37:58,928 got all the best parts of his mother, 817 00:37:58,972 --> 00:38:02,105 very little of me.VALDEZ: Objection. 818 00:38:02,149 --> 00:38:04,934 Can the witness please just answer the question? 819 00:38:04,978 --> 00:38:07,850 Sustained. Witness will answer the question. 820 00:38:07,894 --> 00:38:09,983 No. 821 00:38:10,026 --> 00:38:12,942 Connor was never part of Brendan's plan. 822 00:38:12,986 --> 00:38:14,770 He never would be. 823 00:38:14,814 --> 00:38:17,251 Boy doesn't have a violent bone in his body. 824 00:38:17,295 --> 00:38:19,862 He has no appetite for it, 825 00:38:19,906 --> 00:38:22,561 no appetite for mayhem 826 00:38:22,604 --> 00:38:25,172 of any kind. 827 00:38:25,215 --> 00:38:27,043 Bothered me for a long time. 828 00:38:29,089 --> 00:38:30,482 Now... [chuckles] 829 00:38:32,527 --> 00:38:36,357 He's studying to be a doctor. 830 00:38:36,401 --> 00:38:38,664 Makes me very proud. 831 00:38:38,707 --> 00:38:42,624 Baffles me, but makes me very proud. 832 00:38:42,668 --> 00:38:45,932 BENNY: And what about the death of your son Brendan? 833 00:38:45,975 --> 00:38:49,457 The son you said you understood the best. 834 00:38:49,501 --> 00:38:52,417 Any chance Connor might've been involved in that? 835 00:38:52,460 --> 00:38:55,637 Objection! Calls for speculation. 836 00:38:55,681 --> 00:38:58,205 My apologies, Your Honor. I withdraw the question. 837 00:38:58,248 --> 00:39:00,642 Connor loved his brother.[gavel bangs] 838 00:39:00,686 --> 00:39:02,601 HAMILTON: The witness will refrain from answering. 839 00:39:02,644 --> 00:39:04,994 The prosecution's objection has been sustained. 840 00:39:05,038 --> 00:39:08,215 That boy wouldn't kill a roach. That boy couldn't kill a roach. 841 00:39:08,258 --> 00:39:10,173 HAMILTON: This is my final warning, Mr. McCandless. 842 00:39:10,217 --> 00:39:12,045 If you utter another word, I will have you removed 843 00:39:12,088 --> 00:39:15,135 from this courtroom.The kid loved his brother almost as much as I did. 844 00:39:15,178 --> 00:39:17,442 [gavel banging]Marshal, I want this witness removed from the courtroom 845 00:39:17,485 --> 00:39:18,878 and taken back to his cell. 846 00:39:22,838 --> 00:39:24,840 I don't know who killed Brendan, 847 00:39:24,884 --> 00:39:26,451 but it sure as hell wasn't Connor.[gavel banging] 848 00:39:26,494 --> 00:39:27,713 HAMILTON: The jury will disregard 849 00:39:27,756 --> 00:39:29,192 this witness's testimony. 850 00:39:29,236 --> 00:39:31,456 And all of the witness's testimony is hereby 851 00:39:31,499 --> 00:39:32,805 stricken from the record. 852 00:39:32,848 --> 00:39:35,198 [gavel bangs][gallery murmuring] 853 00:39:38,201 --> 00:39:40,378 In the matter of The United States 854 00:39:40,421 --> 00:39:43,076 v. Connor McCandless, we, the jury, 855 00:39:43,119 --> 00:39:44,904 find the defendant 856 00:39:44,947 --> 00:39:46,209 not guilty. 857 00:39:46,253 --> 00:39:49,343 [gallery murmuring] 858 00:39:57,569 --> 00:39:59,092 I can't believe this. 859 00:39:59,135 --> 00:40:00,485 Believe it. 860 00:40:02,487 --> 00:40:05,098 Now go live your life. 861 00:40:23,812 --> 00:40:25,771 Dr. Bull? 862 00:40:25,814 --> 00:40:27,773 To what do I owe the pleasure? 863 00:40:29,252 --> 00:40:31,777 Your husband got it wrong on the stand the other day, didn't he? 864 00:40:33,474 --> 00:40:35,650 Connor didn't get the best parts of you, 865 00:40:35,694 --> 00:40:38,697 he didn't get the best parts of him. 866 00:40:38,740 --> 00:40:40,612 He's very much his own man. 867 00:40:40,655 --> 00:40:43,876 I'm not sure I'm following you. 868 00:40:43,919 --> 00:40:47,096 From the beginning, I told anyone who would listen, 869 00:40:47,140 --> 00:40:48,924 you're a force. 870 00:40:48,968 --> 00:40:51,144 And I was right. 871 00:40:51,187 --> 00:40:54,452 It was you that had Brendan killed, wasn't it? 872 00:40:54,495 --> 00:40:57,455 I have no idea what you're talking about. 873 00:40:57,498 --> 00:40:59,761 Ah. 874 00:40:59,805 --> 00:41:02,024 What I do know... 875 00:41:02,068 --> 00:41:04,940 is that Connor's a very special boy. 876 00:41:04,984 --> 00:41:06,507 He's not like his father, 877 00:41:06,551 --> 00:41:09,249 not like his brother. 878 00:41:09,292 --> 00:41:10,772 You know, when I first sent him 879 00:41:10,816 --> 00:41:13,296 to stop Brendan from killing that judge, 880 00:41:13,340 --> 00:41:15,951 it was because I was sure my husband 881 00:41:15,995 --> 00:41:18,519 was about to go to prison for life, 882 00:41:18,563 --> 00:41:22,436 and that would've been the answer to so many of my prayers. 883 00:41:22,480 --> 00:41:24,612 But sometimes 884 00:41:24,656 --> 00:41:28,137 things don't work out the way you plan. 885 00:41:28,181 --> 00:41:29,922 They just don't. 886 00:41:29,965 --> 00:41:32,315 The key is to have faith, 887 00:41:32,359 --> 00:41:36,145 to persevere. 888 00:41:36,189 --> 00:41:37,930 What was the crossword clue 889 00:41:37,973 --> 00:41:39,540 I couldn't get the day we first met? 890 00:41:39,584 --> 00:41:40,889 The one you helped me with? 891 00:41:40,933 --> 00:41:44,153 It was a-a ten letter word 892 00:41:44,197 --> 00:41:46,547 for the guardianship and control 893 00:41:46,591 --> 00:41:49,855 exercised by the Lord our God. 894 00:41:49,898 --> 00:41:51,552 Providence. 895 00:41:51,596 --> 00:41:55,121 Providence. 896 00:41:55,164 --> 00:41:59,342 We have to have faith in providence, 897 00:41:59,386 --> 00:42:02,476 even if it costs us our husband, 898 00:42:02,520 --> 00:42:04,913 even if it costs us our firstborn. 899 00:42:04,957 --> 00:42:07,176 By the way, 900 00:42:07,220 --> 00:42:09,048 I signed your check yesterday. 901 00:42:09,091 --> 00:42:11,659 I'm sure you'll see it in the next day or two. 902 00:42:11,703 --> 00:42:13,835 Who knows, 903 00:42:13,879 --> 00:42:16,534 perhaps we'll have the opportunity 904 00:42:16,577 --> 00:42:19,014 to work together again at some point. 905 00:42:19,058 --> 00:42:21,843 I strongly doubt that. 906 00:42:21,887 --> 00:42:23,802 Oh, you just don't know. 907 00:42:25,804 --> 00:42:28,763 Providence, Dr. Bull. 908 00:42:28,807 --> 00:42:30,809 Providence. 909 00:42:48,783 --> 00:42:50,393 Captioning sponsored by CBS 910 00:42:50,437 --> 00:42:50,785 Captioned by Media Access Group at WGBH access.wgbh.org