1
00:00:05,480 --> 00:00:07,658
Thanks for picking me up from work.
2
00:00:08,397 --> 00:00:09,896
No problem.
3
00:00:10,766 --> 00:00:12,199
Do me a favor, little brother.
4
00:00:12,201 --> 00:00:14,635
Pull over up there.
I need to cash my paycheck.
5
00:00:14,637 --> 00:00:16,770
You think it's still open?
It's kind of late.
6
00:00:16,772 --> 00:00:18,472
Trust me, it's open.
7
00:00:18,474 --> 00:00:19,906
Just pull over.
8
00:00:19,908 --> 00:00:21,880
And wait in the car.
9
00:00:28,083 --> 00:00:29,950
♪ So there's no reason ♪
10
00:00:29,952 --> 00:00:31,685
♪ That a man and another man
can't elope ♪
11
00:00:31,687 --> 00:00:33,920
♪ But if you feel like I feel,
I got the antidote... ♪
12
00:00:33,922 --> 00:00:35,989
♪ Hey, must be the money... ♪
13
00:00:35,991 --> 00:00:37,224
♪ I met you ♪
14
00:00:37,226 --> 00:00:39,026
♪ I think I dreamed you ♪
15
00:00:39,028 --> 00:00:43,030
♪ Into life ♪
16
00:00:43,032 --> 00:00:45,098
♪ I knew I loved you ♪
17
00:00:45,100 --> 00:00:46,733
Just drive, man. Just go.
18
00:00:46,735 --> 00:00:48,602
♪ Before I met you ♪
19
00:00:48,604 --> 00:00:51,438
What are you doing? Go fast.
20
00:00:51,440 --> 00:00:54,341
♪ I have been waiting all my life ♪
21
00:00:54,343 --> 00:00:57,377
♪ Ooh ♪
22
00:00:57,379 --> 00:00:58,612
You okay?
23
00:00:58,614 --> 00:01:00,380
Just drive, man.
24
00:01:00,382 --> 00:01:02,716
Just drive.
25
00:01:04,159 --> 00:01:06,226
(BIRDS CHIRPING)
26
00:01:10,693 --> 00:01:14,027
Dad, these expire today.
27
00:01:15,767 --> 00:01:17,331
It's fine, honey.
28
00:01:18,200 --> 00:01:19,599
Come on.
29
00:01:19,601 --> 00:01:21,268
I wouldn't feed you spoiled meat.
30
00:01:21,270 --> 00:01:24,838
Mom told me you used to cut mold
off food and eat around it.
31
00:01:24,840 --> 00:01:26,873
Well, maybe when I was a kid.
32
00:01:26,875 --> 00:01:28,709
And I turned out okay, didn't I?
33
00:01:28,711 --> 00:01:30,143
(LAUGHS)
34
00:01:30,145 --> 00:01:31,478
(DOORBELL RINGS)
35
00:01:31,480 --> 00:01:34,114
Kristen, the door!
36
00:01:35,651 --> 00:01:37,117
(DOORBELL RINGS)
37
00:01:40,122 --> 00:01:42,522
Afternoon, ma'am.
38
00:01:42,524 --> 00:01:43,990
We're looking for George Brown.
39
00:01:43,992 --> 00:01:45,892
I think you must have the wrong house.
40
00:01:45,894 --> 00:01:47,661
Nobody named George Brown lives here.
41
00:01:48,217 --> 00:01:49,730
George Brown?
42
00:01:50,427 --> 00:01:52,132
Are you addressing me?
43
00:01:52,134 --> 00:01:53,734
My name's James Grayson.
44
00:01:54,348 --> 00:01:56,036
Yeah, I'm sure you're right, Mr. Grayson.
45
00:01:56,038 --> 00:01:57,971
Mix-ups happen all the time.
Could I trouble you
46
00:01:57,973 --> 00:01:59,673
to come down to the local
police station with us
47
00:01:59,675 --> 00:02:01,074
so we can clear this up?
48
00:02:01,944 --> 00:02:03,977
I was barbecuing out back.
49
00:02:03,979 --> 00:02:06,680
- I mean, is this important?
- Actually, we have
50
00:02:06,682 --> 00:02:08,548
an arrest warrant for George Brown
51
00:02:08,550 --> 00:02:10,016
for a murder in Staten Island.
52
00:02:10,018 --> 00:02:13,019
Thing is, all the authorities
involved think he lives here.
53
00:02:13,021 --> 00:02:14,688
I think they think he's you.
54
00:02:14,690 --> 00:02:17,413
Pretty sure you're gonna want to
come with us and clear this up.
55
00:02:17,415 --> 00:02:19,092
Look, I-I don't know what's going on,
56
00:02:19,094 --> 00:02:20,327
but he's not George Brown.
57
00:02:20,329 --> 00:02:22,929
He's Jim Grayson. James Grayson.
58
00:02:22,931 --> 00:02:27,033
Ma'am, I'd like you
to lower your voice and back up.
59
00:02:28,804 --> 00:02:31,138
Mr. Grayson, you have a nice family here.
60
00:02:31,140 --> 00:02:33,106
You live in a nice neighborhood.
61
00:02:33,108 --> 00:02:35,876
Don't make me come back with
sirens and lights and...
62
00:02:35,878 --> 00:02:37,766
Let's just clear this up.
63
00:02:38,514 --> 00:02:40,013
Are you sure they know
64
00:02:40,015 --> 00:02:41,314
we're just here to file a motion?
65
00:02:41,316 --> 00:02:42,783
We've been sitting here over an hour.
66
00:02:42,785 --> 00:02:44,284
Yeah, I've spoken to everybody.
67
00:02:44,286 --> 00:02:45,983
They all know why we're here.
68
00:02:46,655 --> 00:02:48,855
The next arraignment is for George Brown.
69
00:02:48,857 --> 00:02:50,957
The defendant doesn't have
a lawyer. Mr. Colón.
70
00:02:51,655 --> 00:02:52,959
Would you be so kind
71
00:02:52,961 --> 00:02:55,095
as to stand in
for Mr. Brown's arraignment?
72
00:02:55,534 --> 00:02:58,565
I love the way they make it
sound like you have a choice.
73
00:02:58,567 --> 00:03:00,200
(CHUCKLES) Yeah.
74
00:03:00,202 --> 00:03:02,569
I'd be, uh, happy to, Your Honor.
75
00:03:03,792 --> 00:03:05,405
Okay, uh...
76
00:03:05,407 --> 00:03:08,141
any family members here for George Brown?
77
00:03:08,143 --> 00:03:09,576
I'm his wife.
78
00:03:11,508 --> 00:03:14,147
I didn't know judges could
just assign lawyers like that.
79
00:03:14,149 --> 00:03:15,282
Are you our lawyer now?
80
00:03:15,284 --> 00:03:17,918
No. No, I'm just standing in
81
00:03:17,920 --> 00:03:20,454
until your husband gets his own attorney.
82
00:03:20,934 --> 00:03:22,422
We only have a few minutes
83
00:03:22,424 --> 00:03:23,890
to try to argue bail.
84
00:03:23,892 --> 00:03:25,125
Is your husband employed?
85
00:03:25,127 --> 00:03:26,430
If so, where?
86
00:03:26,432 --> 00:03:28,895
Uh, what's your family life
like? Does he have any friends?
87
00:03:28,897 --> 00:03:32,165
Yes. He owns a restaurant.
88
00:03:32,167 --> 00:03:34,468
He's a devoted father.
We have three kids.
89
00:03:34,470 --> 00:03:36,837
He's in a bowling league.
What else can I tell you?
90
00:03:36,839 --> 00:03:39,307
We just need to establish that
he has roots in the community.
91
00:03:39,309 --> 00:03:41,120
They want to make sure
he's not a flight risk.
92
00:03:41,122 --> 00:03:42,943
So, the police arrested your husband
93
00:03:42,945 --> 00:03:46,580
after looking for this murderer
for 18 years?
94
00:03:47,085 --> 00:03:48,882
Mrs. Grayson, it doesn't seem
95
00:03:48,884 --> 00:03:50,817
like the kind of thing
they would do baselessly.
96
00:03:50,819 --> 00:03:52,652
I don't know what to tell you.
97
00:03:52,654 --> 00:03:53,987
I haven't slept for two days.
98
00:03:53,989 --> 00:03:55,722
I just want my husband to come home.
99
00:03:55,724 --> 00:03:59,793
Look, my kids just want
their dad to come home.
100
00:04:02,197 --> 00:04:04,431
(MOUTHS)
101
00:04:07,836 --> 00:04:09,236
Are you my lawyer?
102
00:04:09,238 --> 00:04:12,305
For the purpose of this brief hearing.
103
00:04:12,307 --> 00:04:13,406
How bad is it?
104
00:04:13,408 --> 00:04:15,242
It's pretty bad.
105
00:04:15,244 --> 00:04:18,144
You're being charged with
a count of felony murder.
106
00:04:18,146 --> 00:04:21,448
You're looking at 25 years to life.
107
00:04:22,037 --> 00:04:24,117
But all I did was drive a car.
108
00:04:24,119 --> 00:04:26,820
Please state your name
for the court record.
109
00:04:36,468 --> 00:04:37,931
George Brown.
110
00:04:38,345 --> 00:04:39,866
JUDGE: How do you plead?
111
00:04:39,868 --> 00:04:42,769
BENNY: Your Honor, we'd like to
enter a plea of not guilty.
112
00:04:42,771 --> 00:04:45,438
George Brown is a family man,
father of three,
113
00:04:45,440 --> 00:04:47,207
community volunteer,
114
00:04:47,209 --> 00:04:49,209
small business owner,
115
00:04:49,211 --> 00:04:51,599
and he employs seven
people in New Jersey.
116
00:04:51,601 --> 00:04:53,580
PELUSO: Your Honor, 18 years ago,
117
00:04:53,582 --> 00:04:54,981
George Brown was the getaway driver
118
00:04:54,983 --> 00:04:58,318
in a robbery at a Fast Cash
Express check cashing store.
119
00:04:58,320 --> 00:05:00,253
His coconspirator and older brother,
120
00:05:00,255 --> 00:05:03,089
Richard Brown, held up a 25-year-old man
121
00:05:03,091 --> 00:05:05,425
by the name of Kirk Getty at gunpoint.
122
00:05:05,427 --> 00:05:07,460
He tied him up, gagged him,
123
00:05:07,462 --> 00:05:09,763
and Mr. Getty asphyxiated to death.
124
00:05:09,765 --> 00:05:14,100
The older Mr. Brown stole $8,000
and fled the scene of the crime.
125
00:05:14,798 --> 00:05:17,170
George Brown drove the getaway vehicle.
126
00:05:17,172 --> 00:05:19,606
Police arrested Richard, or Rick,
127
00:05:19,608 --> 00:05:21,608
a short while later.
128
00:05:21,610 --> 00:05:23,777
He was captured on tape calling George
129
00:05:23,779 --> 00:05:26,046
to tell him where
the stolen money was hidden
130
00:05:26,048 --> 00:05:28,348
and to take the money and flee.
131
00:05:28,350 --> 00:05:31,685
And apparently started a
new life as Jim Grayson.
132
00:05:31,687 --> 00:05:34,287
- Did you know he had a brother?
- No. No. No.
133
00:05:34,289 --> 00:05:36,890
George Brown has been
a fugitive from justice
134
00:05:36,892 --> 00:05:38,358
for 18 years, Your Honor.
135
00:05:38,864 --> 00:05:40,026
His fingerprints,
136
00:05:40,028 --> 00:05:41,728
lifted from the gun used in the robbery,
137
00:05:41,730 --> 00:05:42,929
were in the system
138
00:05:42,931 --> 00:05:45,198
and finally flagged in
New Jersey a few days ago.
139
00:05:45,704 --> 00:05:47,400
He's clearly a flight risk.
140
00:05:47,402 --> 00:05:49,302
And that is why we are
strenuously requesting
141
00:05:49,304 --> 00:05:52,105
that the Court deny Mr. Brown bail.
142
00:05:52,107 --> 00:05:53,940
So ordered.
143
00:05:53,942 --> 00:05:56,009
The defendant is remanded into custody.
144
00:06:04,598 --> 00:06:06,519
I'm so sorry.
145
00:06:06,521 --> 00:06:08,788
So, what happens now?
146
00:06:08,790 --> 00:06:11,925
Now you need to find
a good criminal lawyer,
147
00:06:11,927 --> 00:06:14,427
someone who knows their
way around felony murder.
148
00:06:14,429 --> 00:06:16,763
And where do we find one of those?
149
00:06:16,765 --> 00:06:19,833
When I get back to my office,
I'll e-mail you a few names.
150
00:06:19,835 --> 00:06:22,502
And what about the two of you?
151
00:06:22,504 --> 00:06:25,305
Have you ever defended someone
charged with felony murder?
152
00:06:25,952 --> 00:06:26,873
Yes.
153
00:06:26,875 --> 00:06:28,775
And did you win?
154
00:06:28,777 --> 00:06:30,143
Yes.
155
00:06:30,145 --> 00:06:32,212
So why don't we start with you.
156
00:06:32,876 --> 00:06:35,415
After the fantastic job
we just did for you here?
157
00:06:35,921 --> 00:06:38,051
Apparently, he's been
making them look like fools
158
00:06:38,053 --> 00:06:39,319
for almost 20 years.
159
00:06:39,321 --> 00:06:41,988
I don't think Johnnie Cochran
could have gotten him off.
160
00:06:41,990 --> 00:06:43,456
We own a restaurant.
161
00:06:43,458 --> 00:06:45,291
We can pay you.
162
00:06:46,306 --> 00:06:47,427
Just meet with him.
163
00:06:47,429 --> 00:06:49,162
Listen to his side of the story.
164
00:06:49,164 --> 00:06:51,061
And then if it's not for you...
165
00:06:53,902 --> 00:06:55,602
I'll give him ten minutes.
166
00:06:55,604 --> 00:06:57,776
Thank you. Thank you so much.
167
00:07:00,008 --> 00:07:02,383
This is my boss, Dr. Jason Bull.
168
00:07:02,385 --> 00:07:04,577
Your wife wanted us to meet with you,
169
00:07:04,579 --> 00:07:07,147
hear your story, and see if we might
170
00:07:07,149 --> 00:07:08,662
want to be of help to you.
171
00:07:09,351 --> 00:07:10,956
How's she doing?
172
00:07:12,374 --> 00:07:14,287
About as well as can be expected
173
00:07:14,289 --> 00:07:16,389
given that after ten years of marriage,
174
00:07:16,391 --> 00:07:19,626
she just found out
she doesn't really know you.
175
00:07:20,257 --> 00:07:22,175
She doesn't know your real name.
176
00:07:22,931 --> 00:07:24,831
You want to tell us how you got here?
177
00:07:25,470 --> 00:07:27,500
It's not much of a story.
178
00:07:30,305 --> 00:07:32,739
I was 18 years old.
179
00:07:32,741 --> 00:07:34,474
My older brother had a DUI,
180
00:07:34,476 --> 00:07:36,710
so I was driving him home from work.
181
00:07:36,712 --> 00:07:38,278
He was a janitor.
182
00:07:38,280 --> 00:07:40,068
2:00 to 10:00 at the mall.
183
00:07:40,649 --> 00:07:43,450
He said he wanted to go
to this check cashing place.
184
00:07:43,452 --> 00:07:45,142
Did you go inside?
185
00:07:45,144 --> 00:07:48,021
I think I actually fell asleep
in the car waiting.
186
00:07:49,476 --> 00:07:53,478
I had no idea he was planning
on robbing the place.
187
00:07:53,595 --> 00:07:55,195
And what happened after that?
188
00:07:55,197 --> 00:07:58,131
Right after? A lot of nothing.
189
00:07:58,133 --> 00:08:00,533
Went about my life.
I went to school the next day.
190
00:08:00,535 --> 00:08:01,835
Came home. He wasn't there.
191
00:08:01,837 --> 00:08:03,258
Figured he was at work.
192
00:08:04,759 --> 00:08:07,807
But then I went to pick him up,
and he never came to the car.
193
00:08:07,809 --> 00:08:09,242
He was under arrest?
194
00:08:09,244 --> 00:08:10,410
Turns out he had gagged
195
00:08:10,412 --> 00:08:11,745
the guy behind the counter,
196
00:08:11,747 --> 00:08:13,880
but couldn't tie the gag
with his gloves on,
197
00:08:13,882 --> 00:08:15,161
so he took them off.
198
00:08:16,017 --> 00:08:18,685
Once they had his prints,
it was all over.
199
00:08:19,232 --> 00:08:20,987
And they picked him up at the mall.
200
00:08:20,989 --> 00:08:23,069
I, of course, knew none of this.
201
00:08:24,112 --> 00:08:26,326
Finally, Rick calls me
a couple days later from jail.
202
00:08:26,328 --> 00:08:28,995
Tells me where the money is.
Tells me to take it and run.
203
00:08:28,997 --> 00:08:32,031
So, if all you did was drive the car,
204
00:08:32,033 --> 00:08:34,234
and if you didn't even know
what your brother did
205
00:08:34,236 --> 00:08:36,936
when he was inside
the check cashing store,
206
00:08:36,938 --> 00:08:38,304
why did he tell you to run?
207
00:08:38,306 --> 00:08:39,906
Why didn't you go to the authorities,
208
00:08:39,908 --> 00:08:41,007
tell them your story?
209
00:08:41,630 --> 00:08:44,477
Rick told me the public defender told him
210
00:08:45,050 --> 00:08:47,313
they were about to put out
a warrant for my arrest.
211
00:08:47,315 --> 00:08:48,982
They were convinced
we were in it together.
212
00:08:48,984 --> 00:08:50,717
Something called a joint venture.
213
00:08:50,719 --> 00:08:52,652
Ah. In which case,
214
00:08:52,654 --> 00:08:55,421
even though you were
only the getaway driver,
215
00:08:55,423 --> 00:08:56,623
in the eyes of the law,
216
00:08:56,625 --> 00:08:58,525
you're as guilty as the
person who held the gun.
217
00:08:59,064 --> 00:09:02,962
And since someone died,
everyone's charged with murder.
218
00:09:03,443 --> 00:09:04,631
Hmm.
219
00:09:04,633 --> 00:09:06,633
So now you're on the run.
220
00:09:06,635 --> 00:09:08,201
(EXHALES)
221
00:09:08,203 --> 00:09:10,804
Moved around New England
for about a year.
222
00:09:10,806 --> 00:09:12,238
Slept in bus stations.
223
00:09:12,240 --> 00:09:13,787
Didn't talk to anyone.
224
00:09:15,163 --> 00:09:18,645
And then I met a guy
selling drugs in the bus station
225
00:09:18,647 --> 00:09:20,880
who told me he could get me
226
00:09:20,882 --> 00:09:24,551
a dead person's
Social Security number for $350.
227
00:09:26,354 --> 00:09:29,656
And Jim Grayson was born.
228
00:09:31,793 --> 00:09:33,431
Stupid.
229
00:09:33,929 --> 00:09:35,795
I went to renew my liquor license
230
00:09:35,797 --> 00:09:37,330
about a month ago.
231
00:09:37,332 --> 00:09:38,865
They asked for my prints.
232
00:09:38,867 --> 00:09:40,647
I didn't think a thing about it.
233
00:09:42,148 --> 00:09:44,317
Pretty sure that's what did me in.
234
00:09:48,276 --> 00:09:50,210
BENNY: Mrs. Grayson?
235
00:09:51,112 --> 00:09:53,079
So, that was an awfully long ten minutes.
236
00:09:53,081 --> 00:09:54,147
How's he doing?
237
00:09:54,149 --> 00:09:55,815
(CHUCKLES)
238
00:09:55,817 --> 00:09:57,183
That's funny.
239
00:09:57,185 --> 00:09:59,719
He asked the exact same
question about you.
240
00:09:59,721 --> 00:10:01,721
My sense is that he is overcome
241
00:10:01,723 --> 00:10:05,058
with regret and remorse,
242
00:10:05,060 --> 00:10:08,795
and at the exact same time,
he is angry and bitter
243
00:10:08,797 --> 00:10:11,364
because any logical
examination of the facts
244
00:10:11,366 --> 00:10:12,637
suggests that...
245
00:10:13,435 --> 00:10:15,140
he didn't really do anything.
246
00:10:15,503 --> 00:10:17,170
You sound like you're on his side.
247
00:10:17,172 --> 00:10:19,272
You sound like you believe him.
248
00:10:20,976 --> 00:10:22,609
I guess I do.
249
00:10:23,189 --> 00:10:25,879
Does that mean you'd be willing
to represent him?
250
00:10:28,216 --> 00:10:30,416
I guess it does.
251
00:10:30,418 --> 00:10:38,527
Synced & corrected by -robtor-
www.addic7ed.com
252
00:10:42,360 --> 00:10:44,305
ADA Peluso. Thanks for coming by.
253
00:10:44,330 --> 00:10:45,562
Dr. Bull's expecting you.
254
00:10:45,564 --> 00:10:47,881
Any excuse to get out of the office.
255
00:10:48,420 --> 00:10:51,668
So, I'm guessing we're all here
to talk plea deal?
256
00:10:51,670 --> 00:10:53,103
Well, I can't speak for you,
257
00:10:53,105 --> 00:10:56,607
but Dr. Bull and I are here
to talk about dismissal.
258
00:10:56,609 --> 00:10:59,476
Dismissal?
Well, it's good to have a dream.
259
00:10:59,478 --> 00:11:00,644
(CHUCKLES)
260
00:11:00,646 --> 00:11:02,613
Well, the joke's not lost on me,
261
00:11:02,615 --> 00:11:05,382
but let's talk it through for a second.
262
00:11:05,384 --> 00:11:07,151
No matter how you slice it,
263
00:11:07,153 --> 00:11:10,554
prosecuting that man
is still a moral conundrum.
264
00:11:11,029 --> 00:11:14,333
After all, the primary function
of our criminal justice system
265
00:11:14,335 --> 00:11:17,995
is to provide deterrence,
protect society,
266
00:11:17,997 --> 00:11:20,030
punish people who commit crimes,
267
00:11:20,032 --> 00:11:23,467
and rehabilitate criminals
once we have them in custody.
268
00:11:23,469 --> 00:11:25,435
Now, hasn't all of that
269
00:11:25,437 --> 00:11:27,771
already been accomplished
with regard to George Brown?
270
00:11:27,773 --> 00:11:29,640
He's led a successful and productive life
271
00:11:29,642 --> 00:11:30,941
since the robbery.
272
00:11:30,943 --> 00:11:32,843
He's not a danger to society.
273
00:11:32,845 --> 00:11:36,079
And he has no intention
to commit another crime.
274
00:11:36,081 --> 00:11:37,815
So... (CHUCKLES)
275
00:11:37,817 --> 00:11:41,084
what would be the point
of sending him to prison?
276
00:11:41,935 --> 00:11:44,888
Dr. Bull, this trial isn't
an ethics symposium.
277
00:11:44,890 --> 00:11:47,591
We can't just give someone
a “get out of jail free” card
278
00:11:47,593 --> 00:11:49,426
for evading the law.
279
00:11:49,428 --> 00:11:50,828
Come on, did you really think
280
00:11:50,830 --> 00:11:52,763
I was gonna roll over
for you that easily?
281
00:11:52,765 --> 00:11:54,231
He's an innocent man.
282
00:11:54,233 --> 00:11:55,532
Maybe he is...
283
00:11:56,101 --> 00:11:57,826
and maybe he isn't.
284
00:11:58,571 --> 00:12:00,870
That is why we're having a trial.
285
00:12:03,039 --> 00:12:04,575
See you on the ice, gentlemen.
286
00:12:06,045 --> 00:12:07,644
BULL: A man can't be found guilty
287
00:12:07,646 --> 00:12:10,614
of a murder simply because
it happened in his midst.
288
00:12:10,616 --> 00:12:13,317
And he absolutely can't be found guilty
289
00:12:13,319 --> 00:12:14,818
of a murder in which he took no part
290
00:12:14,820 --> 00:12:16,220
and was not even aware.
291
00:12:16,222 --> 00:12:17,747
BENNY: So that's our narrative?
292
00:12:17,749 --> 00:12:19,022
We're gonna make the government prove
293
00:12:19,024 --> 00:12:20,958
that George knew what was going on?
294
00:12:20,960 --> 00:12:23,293
Yeah. To be held accountable
for a joint venture,
295
00:12:23,295 --> 00:12:25,028
George had to have known
296
00:12:25,030 --> 00:12:27,798
that his brother was gonna
commit armed robbery.
297
00:12:27,800 --> 00:12:29,266
And he didn't know.
298
00:12:29,268 --> 00:12:31,301
How in the world are we gonna prove that?
299
00:12:31,303 --> 00:12:34,137
We'll start by showing the jury
what kind of man he is.
300
00:12:34,139 --> 00:12:36,641
And the key to that is his wife.
301
00:12:36,643 --> 00:12:37,674
Chunk.
302
00:12:37,676 --> 00:12:39,142
Let's get her in here.
303
00:12:39,144 --> 00:12:41,879
What's important is when she
is sitting in that courtroom,
304
00:12:41,881 --> 00:12:44,681
that she sends the right message
to the jurors.
305
00:12:44,683 --> 00:12:46,316
She loves this man.
306
00:12:46,318 --> 00:12:48,685
She trusts this man.
307
00:12:49,085 --> 00:12:50,254
This is a good man.
308
00:12:50,256 --> 00:12:52,689
All right. I'll do whatever I can
309
00:12:52,691 --> 00:12:54,625
to get her in here today.
310
00:12:54,627 --> 00:12:56,960
And what do we know about how
and from whom
311
00:12:56,962 --> 00:12:59,162
he bought this fake
Social Security number?
312
00:12:59,164 --> 00:13:01,498
Well, he says he met a guy
at a bus station.
313
00:13:01,500 --> 00:13:02,833
Says his name was Joe,
314
00:13:02,835 --> 00:13:04,935
and he sold cell phones in Burlington,
315
00:13:04,937 --> 00:13:06,270
which makes sense,
316
00:13:06,272 --> 00:13:08,438
'cause to buy a cell phone,
you have to buy a plan;
317
00:13:08,440 --> 00:13:10,594
To buy a plan,
you have to give the merchant
318
00:13:10,596 --> 00:13:12,181
your Social Security number.
319
00:13:12,183 --> 00:13:13,891
Well, at least you did back then.
320
00:13:13,916 --> 00:13:15,715
Any thoughts on voir dire?
321
00:13:15,717 --> 00:13:17,751
The more I think about it,
the more I think
322
00:13:17,753 --> 00:13:21,254
the answer lies in... generativity.
323
00:13:21,256 --> 00:13:22,956
Okay, I'm out.
324
00:13:22,958 --> 00:13:24,524
Yeah, me, too.
325
00:13:24,526 --> 00:13:25,959
Seven years of college
326
00:13:25,961 --> 00:13:28,228
and I have no idea
what you're talking about.
327
00:13:28,230 --> 00:13:31,264
Generativity is the concern for,
328
00:13:31,266 --> 00:13:33,533
and belief in, the future.
329
00:13:33,535 --> 00:13:35,435
And a commitment
to the idea that no matter
330
00:13:35,437 --> 00:13:39,139
how bad things may be
at any given moment,
331
00:13:39,141 --> 00:13:42,309
you can persevere and redeem yourself.
332
00:13:43,612 --> 00:13:45,545
Let me give you an example.
333
00:13:45,547 --> 00:13:46,913
Marissa.
334
00:13:47,769 --> 00:13:49,616
If you say so.
335
00:13:49,618 --> 00:13:51,117
I mean it as a compliment.
336
00:13:51,119 --> 00:13:53,520
It's an admirable quality in a person.
337
00:13:53,522 --> 00:13:56,323
So, tell me your life story.
338
00:13:56,325 --> 00:13:58,592
Boil it down to what
you think's relevant.
339
00:13:58,594 --> 00:14:02,896
I was adopted into a wonderful family.
340
00:14:03,243 --> 00:14:04,864
And meeting my birth parents
341
00:14:04,866 --> 00:14:06,499
made me appreciate different ways
342
00:14:06,501 --> 00:14:08,568
my life could have ended up.
343
00:14:09,437 --> 00:14:11,125
But I like the way it's gone.
344
00:14:11,873 --> 00:14:14,174
I worked for Homeland Security.
345
00:14:14,176 --> 00:14:17,177
I developed an algorithm to try
to help understand people,
346
00:14:17,179 --> 00:14:19,300
which led me to you.
347
00:14:20,349 --> 00:14:23,894
I have had a string
of interesting relationships.
348
00:14:23,896 --> 00:14:27,392
Some good, one Kyle.
349
00:14:28,935 --> 00:14:31,291
But none of them broke me,
350
00:14:31,293 --> 00:14:33,606
and none of them made me who I am.
351
00:14:36,365 --> 00:14:37,797
You see?
352
00:14:37,799 --> 00:14:39,599
Highly generative people,
353
00:14:39,601 --> 00:14:41,468
they're driven to help others
354
00:14:41,470 --> 00:14:42,869
for the betterment of the future,
355
00:14:42,871 --> 00:14:45,005
because they see the arcs of their lives
356
00:14:45,007 --> 00:14:47,307
as redemption stories.
357
00:14:47,309 --> 00:14:48,875
And that's what we want.
358
00:14:48,877 --> 00:14:52,212
Jurors, who no matter what
the prosecution presents,
359
00:14:52,214 --> 00:14:54,648
will only see a man who's changed,
360
00:14:54,650 --> 00:14:58,585
making a good life
out of a bad circumstance.
361
00:14:58,587 --> 00:15:00,153
BENNY: So tell me,
362
00:15:00,155 --> 00:15:02,289
if you lost your job today,
363
00:15:02,291 --> 00:15:04,124
where would you be in five years?
364
00:15:04,126 --> 00:15:07,193
I guess I'd try to find a
similar position somewhere else.
365
00:15:07,195 --> 00:15:09,229
And if that didn't work, well,
366
00:15:09,231 --> 00:15:10,997
I'd just try and find another job.
367
00:15:10,999 --> 00:15:13,967
I'd like to think I'm
the captain of my own destiny.
368
00:15:16,271 --> 00:15:19,439
This juror is acceptable
to the defense, Your Honor.
369
00:15:19,441 --> 00:15:21,541
MARISSA: This should be interesting.
370
00:15:21,543 --> 00:15:25,478
Harold King was essentially
homeless from the age of 13 on.
371
00:15:25,480 --> 00:15:28,315
Grew up on the streets,
hustling for food and money.
372
00:15:28,317 --> 00:15:30,550
Finally got a legitimate job working
373
00:15:30,552 --> 00:15:32,352
for a private sanitation company.
374
00:15:32,354 --> 00:15:34,454
Worked there for 22 years,
375
00:15:34,456 --> 00:15:36,523
till he was suddenly laid off
last Christmas.
376
00:15:36,525 --> 00:15:38,491
Six weeks later, his wife left him.
377
00:15:38,493 --> 00:15:40,360
It's a wonder he can get out of bed.
378
00:15:40,362 --> 00:15:42,529
Let me ask you a question, sir.
379
00:15:42,531 --> 00:15:44,898
Would you trade your life
for anyone else's?
380
00:15:46,301 --> 00:15:47,767
Not a chance in hell.
381
00:15:47,769 --> 00:15:51,471
Everything I've been through
has made me who I am today.
382
00:15:51,473 --> 00:15:53,907
I love that man.
383
00:15:56,778 --> 00:15:59,679
“Mr. Palmer, you continue
to confuse the law
384
00:15:59,681 --> 00:16:01,481
“with some kind of game show.
385
00:16:01,483 --> 00:16:03,450
“It's not about winning and losing.
386
00:16:03,452 --> 00:16:05,518
It's about the search for what is right.”
387
00:16:05,520 --> 00:16:08,488
A “D.” Damn it. A “D”?
388
00:16:08,490 --> 00:16:09,956
(SCOFFS)
389
00:16:09,958 --> 00:16:11,558
(KNOCKING ON DOOR)
390
00:16:12,163 --> 00:16:14,027
Hi. I'm Kristen.
391
00:16:14,029 --> 00:16:16,429
Jim's wife... uh, George's wife.
392
00:16:16,431 --> 00:16:18,465
I-I just came straight
from the courthouse.
393
00:16:18,467 --> 00:16:21,668
Dr. Bull wanted me
to do some witness prep?
394
00:16:21,670 --> 00:16:24,471
Although, nobody's told me
I was going to be a witness.
395
00:16:24,473 --> 00:16:25,905
Oh, hi.
396
00:16:25,907 --> 00:16:27,540
I'm Chunk Palmer. It's nice to meet you.
397
00:16:27,542 --> 00:16:29,809
And no, you won't be going on the stand.
398
00:16:29,811 --> 00:16:32,612
Not in the immediate future, at least.
399
00:16:32,614 --> 00:16:34,381
Then what's the point?
400
00:16:36,885 --> 00:16:39,753
We just want to make sure
that you're mindful,
401
00:16:39,755 --> 00:16:42,055
that even when you're
sitting in the gallery,
402
00:16:42,057 --> 00:16:44,824
that the jury is still watching you.
403
00:16:45,530 --> 00:16:47,727
No. I know.
404
00:16:47,729 --> 00:16:49,262
It's important.
405
00:16:49,264 --> 00:16:51,264
It's all important.
406
00:16:51,266 --> 00:16:52,966
I actually went
407
00:16:52,968 --> 00:16:55,289
to go see him last night in jail.
408
00:16:56,338 --> 00:16:58,471
Not a moment I ever imagined,
409
00:16:58,473 --> 00:17:01,408
but I needed to know
what was true and what wasn't,
410
00:17:01,410 --> 00:17:03,756
about everything he's ever told me.
411
00:17:04,679 --> 00:17:07,847
And he was honest
about everything that mattered.
412
00:17:09,117 --> 00:17:12,515
I mentioned our kids and he cried.
413
00:17:13,455 --> 00:17:14,988
Do you have kids?
414
00:17:14,990 --> 00:17:17,524
Yeah. One.
415
00:17:17,526 --> 00:17:20,627
They're just... your everything.
416
00:17:20,629 --> 00:17:23,396
And the shock of all of it,
417
00:17:23,398 --> 00:17:25,398
knowing that their last names...
418
00:17:25,400 --> 00:17:28,268
my last name... is made up, bought.
419
00:17:28,270 --> 00:17:30,326
I got so mad.
420
00:17:30,328 --> 00:17:34,574
And then he reminded me
that their first names...
421
00:17:34,576 --> 00:17:37,043
those were ours.
422
00:17:38,580 --> 00:17:40,680
Our first baby, Malone,
423
00:17:40,682 --> 00:17:43,650
before she arrived, we had no money.
424
00:17:43,652 --> 00:17:45,218
And so for fun, we would go
425
00:17:45,220 --> 00:17:46,786
to these minor league baseball games.
426
00:17:46,788 --> 00:17:49,756
And they cost, like,
two dollars a ticket.
427
00:17:49,758 --> 00:17:52,659
And they had this shortstop,
Malone Jackson.
428
00:17:52,661 --> 00:17:54,223
And Jimmy...
429
00:17:55,130 --> 00:17:57,163
George loved him.
430
00:17:57,165 --> 00:17:58,932
He loves everything about baseball,
431
00:17:58,934 --> 00:18:01,868
but he really loved him.
432
00:18:01,870 --> 00:18:03,983
And so I loved him, too.
433
00:18:05,106 --> 00:18:08,608
And when the baby came,
and she was a she,
434
00:18:08,610 --> 00:18:11,544
we said “so what,”
435
00:18:11,546 --> 00:18:14,848
and she became Malone.
436
00:18:18,915 --> 00:18:20,453
That's her.
437
00:18:20,455 --> 00:18:22,388
That's Malone. (SNIFFS)
438
00:18:22,390 --> 00:18:24,962
And Ella and Richard.
439
00:18:25,927 --> 00:18:28,174
They're with my mom right now.
440
00:18:29,464 --> 00:18:32,098
They miss him so much.
441
00:18:33,975 --> 00:18:35,608
This...
442
00:18:35,871 --> 00:18:38,671
how you look and feel right now,
443
00:18:38,673 --> 00:18:40,306
that's what we need in the courtroom.
444
00:18:41,521 --> 00:18:43,309
So, when you're sitting there,
445
00:18:43,311 --> 00:18:45,011
and the prosecution is making him out
446
00:18:45,013 --> 00:18:47,447
to be anything but the man you know,
447
00:18:47,985 --> 00:18:50,112
remember this feeling.
448
00:18:50,785 --> 00:18:52,865
It's gonna give you peace.
449
00:18:53,455 --> 00:18:58,091
And it's gonna help the jury see
who George really is.
450
00:19:12,474 --> 00:19:14,641
Ladies and gentleman of the jury,
451
00:19:14,643 --> 00:19:18,778
I am here to tell you
about an innocent man,
452
00:19:18,780 --> 00:19:22,081
who endured difficult circumstances
453
00:19:22,083 --> 00:19:23,750
early in his life,
454
00:19:24,188 --> 00:19:26,482
only to make something of himself.
455
00:19:27,355 --> 00:19:31,324
My client was born George Brown,
456
00:19:31,326 --> 00:19:34,460
to parents Malone and Ella Brown.
457
00:19:34,462 --> 00:19:36,129
(GASPS)
458
00:19:36,131 --> 00:19:38,821
Both parents were killed
in a car accident
459
00:19:38,823 --> 00:19:41,100
when George was only ten.
460
00:19:41,102 --> 00:19:42,569
And his brother, Richard Brown,
461
00:19:42,571 --> 00:19:44,203
raised him for the next eight years.
462
00:19:44,205 --> 00:19:46,659
Your wife suddenly seems very upset.
463
00:19:46,684 --> 00:19:48,038
BENNY: George Brown
is a loving husband...
464
00:19:48,040 --> 00:19:49,958
- Marissa, is Chunk there?
- BENNY: A devoted father...
465
00:19:49,960 --> 00:19:52,378
Did he even prepare Kristen at all?
466
00:19:52,380 --> 00:19:54,314
She looks like she's about to fall apart.
467
00:19:54,316 --> 00:19:55,915
I don't know what to say.
468
00:19:55,917 --> 00:19:57,750
I worked with the woman
for almost an hour.
469
00:19:57,752 --> 00:20:00,420
Here it is online. Malone and Ella Brown.
470
00:20:00,422 --> 00:20:03,890
“Fatal collision kills parents
of two in Staten Island”...
471
00:20:03,892 --> 00:20:05,258
Wait a second.
472
00:20:05,260 --> 00:20:08,027
Did you say Malone and Ella?
473
00:20:08,029 --> 00:20:10,630
Those are his parents' names?
474
00:20:10,632 --> 00:20:12,765
Those are the names of their kids.
475
00:20:12,767 --> 00:20:14,823
He lied to her again.
476
00:20:14,825 --> 00:20:17,537
BENNY: The two boys didn't have
an easy time of it,
477
00:20:17,539 --> 00:20:21,341
but nonetheless, they had
to do what they had to do,
478
00:20:21,343 --> 00:20:22,742
- in order to get on...
- Face front.
479
00:20:22,744 --> 00:20:23,943
You're only making things worse.
480
00:20:23,945 --> 00:20:25,445
BENNY: The older brother, Richard,
481
00:20:25,447 --> 00:20:28,014
took a job as a janitor
at the local mall,
482
00:20:28,016 --> 00:20:29,882
and George went about
483
00:20:29,884 --> 00:20:32,085
completing his high school education.
484
00:20:32,087 --> 00:20:34,120
(GALLERY MURMURING)
485
00:20:37,993 --> 00:20:39,659
- (DOOR CLOSES)
- (SIGHS)
486
00:20:46,977 --> 00:20:49,211
(KNOCKING ON DOOR)
487
00:20:56,651 --> 00:20:57,935
You okay?
488
00:20:59,075 --> 00:21:01,113
My children are named after parents
489
00:21:01,115 --> 00:21:02,560
I never knew anything about,
490
00:21:02,562 --> 00:21:05,134
and a brother-in-law I never met.
491
00:21:05,135 --> 00:21:06,835
Why would he do that?
492
00:21:06,837 --> 00:21:09,003
That's not a lie he needed to tell me,
493
00:21:09,005 --> 00:21:10,862
and how many more of those are there?
494
00:21:10,864 --> 00:21:13,714
Well, lies are funny things.
495
00:21:14,799 --> 00:21:17,445
I can tell you from personal experience,
496
00:21:17,447 --> 00:21:20,949
you convince yourself
there's only one lie
497
00:21:20,951 --> 00:21:22,984
you need to tell out of necessity.
498
00:21:24,487 --> 00:21:26,143
And then the others...
499
00:21:27,123 --> 00:21:30,725
the others just... happen.
500
00:21:30,727 --> 00:21:32,413
It's all too much.
501
00:21:32,415 --> 00:21:33,962
I know it seems that way,
502
00:21:33,964 --> 00:21:36,264
but he needs you.
503
00:21:36,266 --> 00:21:37,966
And tomorrow, the prosecution
504
00:21:37,968 --> 00:21:40,034
is gonna begin to present its case.
505
00:21:40,036 --> 00:21:42,604
And if you're not there, he has no one,
506
00:21:42,606 --> 00:21:44,806
and the jury's gonna notice.
507
00:21:45,204 --> 00:21:46,875
They certainly did when you left.
508
00:21:46,877 --> 00:21:48,276
PELUSO: So after executing
509
00:21:48,278 --> 00:21:50,211
the search warrant
on the suspect's premises,
510
00:21:50,213 --> 00:21:51,479
what did you find?
511
00:21:51,481 --> 00:21:53,681
We found a gun under a mattress
512
00:21:53,683 --> 00:21:55,850
in what we determined
to be Rick Brown's bedroom
513
00:21:55,852 --> 00:21:58,719
in the apartment that, uh,
Rick and George Brown lived in.
514
00:21:58,721 --> 00:22:00,143
- Stop looking for her.
- PELUSO: Were you able
515
00:22:00,168 --> 00:22:01,122
to lift fingerprints...
516
00:22:01,124 --> 00:22:02,790
All you're doing is calling
the jury's attention
517
00:22:02,792 --> 00:22:05,059
- to the fact that she's not here.
- DETECTIVE: Yes. Two sets.
518
00:22:05,061 --> 00:22:06,561
Did you determine who they belonged to?
519
00:22:06,563 --> 00:22:09,030
Rick Brown and the defendant,
George Brown.
520
00:22:09,032 --> 00:22:11,132
(GALLERY MURMURING)
521
00:22:11,134 --> 00:22:12,967
(CLEARS THROAT)
522
00:22:12,969 --> 00:22:15,303
(EXHALES)
523
00:22:16,026 --> 00:22:18,539
You sent the gun to the crime lab.
524
00:22:18,541 --> 00:22:19,841
We certainly did.
525
00:22:19,843 --> 00:22:22,210
And you got my client's prints back.
526
00:22:22,212 --> 00:22:23,678
We certainly did.
527
00:22:28,018 --> 00:22:30,218
(GALLERY MURMURING)
528
00:22:36,793 --> 00:22:38,693
(QUIETLY):
Tell Chunk mission accomplished.
529
00:22:38,695 --> 00:22:40,495
And thank you.
530
00:22:41,331 --> 00:22:44,999
Now, just to be clear,
531
00:22:45,001 --> 00:22:48,136
do these prints show you
532
00:22:48,138 --> 00:22:50,705
when George Brown touched the gun?
533
00:22:50,707 --> 00:22:52,140
No.
534
00:22:52,142 --> 00:22:54,909
And do they reveal
how he handled the gun?
535
00:22:54,911 --> 00:22:57,111
I mean, I would think there's one set
536
00:22:57,113 --> 00:23:00,348
of prints you typically get
when someone uses a gun
537
00:23:00,350 --> 00:23:02,550
and perhaps a different pattern of prints
538
00:23:02,552 --> 00:23:04,852
when someone handles the gun.
539
00:23:05,576 --> 00:23:08,022
Uh, picks it up, uh, to move it.
540
00:23:08,024 --> 00:23:08,990
Something like that.
541
00:23:08,992 --> 00:23:10,491
I suppose that's true.
542
00:23:10,493 --> 00:23:13,494
Well, it's either true
or it isn't, Detective.
543
00:23:13,496 --> 00:23:15,063
Yes.
544
00:23:15,065 --> 00:23:16,497
If someone used the gun,
545
00:23:16,499 --> 00:23:18,232
the location of the prints
would be different
546
00:23:18,234 --> 00:23:19,734
than if somebody handled the gun.
547
00:23:19,736 --> 00:23:21,832
BENNY: And would you say
548
00:23:21,834 --> 00:23:24,939
that the pattern of his prints
is consistent
549
00:23:24,941 --> 00:23:27,608
with someone who had used the gun?
550
00:23:28,945 --> 00:23:30,311
No,
551
00:23:30,313 --> 00:23:31,446
I would not.
552
00:23:31,448 --> 00:23:32,580
BENNY: And you've already testified
553
00:23:32,582 --> 00:23:35,149
that the prints don't indicate
554
00:23:35,151 --> 00:23:37,385
when my client
might have handled the gun.
555
00:23:37,387 --> 00:23:38,653
Isn't that correct?
556
00:23:38,655 --> 00:23:40,288
Your Honor, counsel's testifying.
557
00:23:40,290 --> 00:23:41,289
Overruled.
558
00:23:41,291 --> 00:23:42,790
Continue, Mr. Colón.
559
00:23:42,792 --> 00:23:43,758
Yes, Your Honor.
560
00:23:43,760 --> 00:23:46,627
So, to sum it up,
561
00:23:46,629 --> 00:23:49,330
you have my client's prints
562
00:23:49,332 --> 00:23:51,866
on a gun that belonged to a man
563
00:23:51,868 --> 00:23:55,903
that he had shared a home with
his entire life.
564
00:23:55,905 --> 00:23:57,672
Not a surprise.
565
00:23:57,674 --> 00:24:00,408
The prints don't prove he used the gun
566
00:24:00,410 --> 00:24:03,444
or that it was in his possession
567
00:24:03,446 --> 00:24:06,981
at any time in or around the robbery.
568
00:24:06,983 --> 00:24:11,085
Is that an accurate reflection
of your testimony, Detective?
569
00:24:11,921 --> 00:24:13,488
Yes.
570
00:24:13,490 --> 00:24:15,590
No further questions, Your Honor.
571
00:24:18,161 --> 00:24:19,427
How's the weather over there?
572
00:24:19,429 --> 00:24:20,862
We still frozen out?
573
00:24:20,864 --> 00:24:23,297
Actually, I'm starting
to feel a bit of a thaw.
574
00:24:23,299 --> 00:24:25,433
We picked up one green juror.
575
00:24:25,435 --> 00:24:27,602
I'll take it.
576
00:24:27,604 --> 00:24:29,303
And I just had a thought.
577
00:24:29,305 --> 00:24:31,039
See if you can get Benny and me
578
00:24:31,041 --> 00:24:33,508
two visitors' passes to Green Haven.
579
00:24:34,411 --> 00:24:37,745
We'd like to sit down with Rick Brown.
580
00:24:37,747 --> 00:24:39,947
(LOCK BUZZES)
581
00:24:43,987 --> 00:24:47,088
Mr. Brown, my name's Dr. Jason Bull.
582
00:24:47,090 --> 00:24:49,857
This is Benjamin Colón.
583
00:24:49,859 --> 00:24:52,260
We're here on behalf of
your brother, George Brown.
584
00:24:52,766 --> 00:24:54,195
On behalf of your brother
585
00:24:54,197 --> 00:24:56,364
and his wife Kristen
586
00:24:56,366 --> 00:24:58,633
and their three children,
587
00:24:58,635 --> 00:25:01,135
your nieces and nephew.
588
00:25:02,472 --> 00:25:04,639
He's a dad? He's a...
589
00:25:04,641 --> 00:25:07,375
I'm an uncle?
590
00:25:07,377 --> 00:25:10,311
(EXHALES) Uh...
591
00:25:12,082 --> 00:25:14,849
Wh-Where is he? Is he okay?
592
00:25:14,851 --> 00:25:17,452
He's on trial
for the murder of Kirk Getty.
593
00:25:20,290 --> 00:25:23,391
My God.
594
00:25:23,393 --> 00:25:25,626
BULL: We're trying to help your brother.
595
00:25:25,628 --> 00:25:26,928
Mr. Colón is his attorney,
596
00:25:26,930 --> 00:25:30,131
and I'm what they call a trial scientist.
597
00:25:30,133 --> 00:25:32,733
Now, obviously, we know George's version
598
00:25:32,735 --> 00:25:35,993
of what happened that night.
But only you know
599
00:25:35,995 --> 00:25:38,840
what went on inside
the check cashing shop.
600
00:25:38,842 --> 00:25:41,409
RICK: What do you want to know?
601
00:25:41,411 --> 00:25:43,744
I was-was all bundled up.
602
00:25:43,746 --> 00:25:45,713
Big coat.
603
00:25:45,715 --> 00:25:47,014
Scarves.
604
00:25:47,016 --> 00:25:49,217
Ski gloves.
605
00:25:50,019 --> 00:25:51,742
It was cold.
606
00:25:52,952 --> 00:25:54,822
Plus... (STAMMERS)
607
00:25:54,824 --> 00:25:56,724
I knew there was a camera.
608
00:25:56,726 --> 00:25:58,226
And you were armed?
609
00:25:58,228 --> 00:26:00,162
I had a gun.
610
00:26:00,164 --> 00:26:01,896
And it wasn't loaded.
611
00:26:03,266 --> 00:26:05,199
Plus, I-I was wearing gloves.
612
00:26:05,201 --> 00:26:07,969
(STAMMERS) You ever try to hold a gun
613
00:26:07,971 --> 00:26:09,036
while you're wearing ski gloves?
614
00:26:09,038 --> 00:26:10,371
BENNY: Wait a second.
615
00:26:10,373 --> 00:26:12,607
Go back to the part
where the gun wasn't loaded.
616
00:26:12,609 --> 00:26:15,076
What about it?
There was no reason to load it.
617
00:26:15,078 --> 00:26:17,211
I wasn't planning on shooting it.
618
00:26:17,213 --> 00:26:18,546
And why was that?
619
00:26:19,019 --> 00:26:21,249
Because I wasn't planning
on killing Kirk.
620
00:26:21,251 --> 00:26:23,117
He was my friend.
621
00:26:24,554 --> 00:26:27,255
Well, if you didn't plan on using the gun
622
00:26:27,257 --> 00:26:29,323
and Kirk was your friend,
623
00:26:29,325 --> 00:26:31,726
- what was your plan?
- I was planning
624
00:26:31,728 --> 00:26:32,727
on paying some bills.
625
00:26:32,729 --> 00:26:35,329
I was planning on being a good brother.
626
00:26:35,331 --> 00:26:37,899
George started talking
about wanting to go
627
00:26:37,901 --> 00:26:40,635
to cooking school after he graduated.
628
00:26:42,639 --> 00:26:44,238
And I met this guy at the mall.
629
00:26:44,240 --> 00:26:46,574
He worked at the Sunglass Hut.
630
00:26:46,576 --> 00:26:50,411
He ended up getting a job
at the check cashing place.
631
00:26:50,413 --> 00:26:53,447
And he wanted to buy
a motorcycle, this guy.
632
00:26:53,449 --> 00:26:55,650
(STAMMERS)
633
00:26:55,652 --> 00:26:58,786
We thought we were so freakin' brilliant.
634
00:26:58,788 --> 00:27:00,054
Wait a second. I'm...
635
00:27:00,056 --> 00:27:01,289
I'm confused.
636
00:27:01,291 --> 00:27:04,091
So, your friend, how did he die?
637
00:27:04,565 --> 00:27:06,327
We knew that they had cameras.
638
00:27:06,329 --> 00:27:08,796
We knew we had to put on a show.
639
00:27:09,153 --> 00:27:11,332
I came in there, waved the gun around,
640
00:27:11,334 --> 00:27:14,936
I tied him up, put a gag in his mouth.
641
00:27:14,938 --> 00:27:17,202
And then I don't know what happened.
642
00:27:18,620 --> 00:27:20,474
By the time I was done,
643
00:27:20,476 --> 00:27:23,511
you know, they to... they told me
they think he panicked.
644
00:27:23,513 --> 00:27:27,815
He threw up, choked on his own vomit.
645
00:27:30,153 --> 00:27:32,486
Tell me about George.
646
00:27:32,488 --> 00:27:34,255
You tell me about George.
647
00:27:34,257 --> 00:27:36,757
Did he have any idea what was going on?
648
00:27:36,759 --> 00:27:38,226
Not a clue. He was just...
649
00:27:38,228 --> 00:27:39,727
He was my ride. That's all.
650
00:27:39,729 --> 00:27:41,310
Period.
651
00:27:41,998 --> 00:27:43,698
You want to make this right?
652
00:27:44,396 --> 00:27:46,234
What do you mean? How?
653
00:27:46,236 --> 00:27:48,002
Testify on his behalf.
654
00:27:48,004 --> 00:27:49,337
I'd love to.
655
00:27:49,339 --> 00:27:51,138
But who's gonna believe me?
656
00:27:51,140 --> 00:27:52,139
(CHUCKLES)
657
00:27:52,141 --> 00:27:53,541
You let us worry about that.
658
00:27:53,543 --> 00:27:55,042
(GAVEL BANGS)
659
00:27:56,145 --> 00:27:58,346
- Your brother said to say hello.
- Rick?
660
00:27:59,244 --> 00:28:01,382
H-How is he? Is he okay?
661
00:28:01,384 --> 00:28:03,818
As okay as you can be in prison.
662
00:28:03,820 --> 00:28:05,286
He feels terrible
663
00:28:05,288 --> 00:28:07,021
about everything that's happening to you.
664
00:28:07,023 --> 00:28:08,789
He wants to help.
665
00:28:10,100 --> 00:28:11,666
So...
666
00:28:12,128 --> 00:28:14,228
the court officer just informed me
667
00:28:14,230 --> 00:28:16,998
that the judge wants to have
a meeting in his chambers.
668
00:28:17,000 --> 00:28:17,932
(SIGHS)
669
00:28:17,934 --> 00:28:19,267
PELUSO: Yes,
670
00:28:19,269 --> 00:28:21,302
I am asking to call a surprise witness.
671
00:28:21,304 --> 00:28:23,404
But it's as much a surprise to
me as it is to you, Your Honor.
672
00:28:23,406 --> 00:28:25,606
We just put this piece of
the puzzle together yesterday.
673
00:28:25,608 --> 00:28:27,908
BENNY: Your Honor, what
may or may not have happened
674
00:28:27,910 --> 00:28:30,945
three years after the crime
that my client is on trial for
675
00:28:30,947 --> 00:28:32,480
is completely irrelevant.
676
00:28:32,482 --> 00:28:34,882
I disagree. It is the
very definition of relevance.
677
00:28:34,884 --> 00:28:36,284
It's a subsequent bad act.
678
00:28:36,286 --> 00:28:39,186
Your client used his stolen
identity to commit larceny
679
00:28:39,188 --> 00:28:40,855
in the state of New Hampshire.
680
00:28:40,857 --> 00:28:43,858
He bought $10,000 worth of
electronics at a Best Buy
681
00:28:43,860 --> 00:28:45,526
with a fraudulently acquired credit card
682
00:28:45,528 --> 00:28:46,627
and never paid it off.
683
00:28:46,629 --> 00:28:48,896
Well, maybe he did, maybe he didn't.
684
00:28:48,898 --> 00:28:51,198
Let's not forget none of this
has been proven. But,
685
00:28:51,200 --> 00:28:53,768
as Mr. Colón pointed out,
how would credit card theft
686
00:28:53,770 --> 00:28:55,936
illuminate for the jury
whether or not Mr. Brown
687
00:28:55,938 --> 00:28:57,338
was party to a murder?
688
00:28:57,340 --> 00:28:59,607
Well, for one, it might very well suggest
689
00:28:59,609 --> 00:29:02,810
a pattern of lawlessness that
the jury could find compelling
690
00:29:02,812 --> 00:29:05,046
as they try to wrestle
with the key question here,
691
00:29:05,048 --> 00:29:07,882
which is, how much did
Mr. Brown actually know
692
00:29:07,884 --> 00:29:09,450
about what he was doing that night?
693
00:29:09,452 --> 00:29:11,919
Really, Your Honor?
The possibility that my client
694
00:29:11,921 --> 00:29:14,989
may have bought a TV and
DVD player and never paid for it
695
00:29:14,991 --> 00:29:17,958
somehow makes him
a more plausible coconspirator
696
00:29:17,960 --> 00:29:19,126
to murder?
697
00:29:19,128 --> 00:29:20,528
Are you lecturing me, sir?
698
00:29:20,530 --> 00:29:22,530
(SARCASTICALLY):
Of course not, Your Honor.
699
00:29:24,400 --> 00:29:26,133
I'm going to allow the witness.
700
00:29:26,135 --> 00:29:28,135
But I'm calling
701
00:29:28,137 --> 00:29:30,906
a recess for today to allow
both sides to prepare.
702
00:29:30,908 --> 00:29:32,873
PELUSO: Thank you for
allowing the witness.
703
00:29:32,875 --> 00:29:34,742
- And thank you for the time to prepare.
- BENNY: Yes.
704
00:29:34,744 --> 00:29:37,611
Thank you for the time to prepare.
705
00:29:37,613 --> 00:29:39,947
You're all very welcome.
706
00:29:49,740 --> 00:29:52,541
(SIGHS) Even if we do put
his brother on the stand,
707
00:29:52,566 --> 00:29:54,199
he's right. Who's gonna believe him?
708
00:29:54,201 --> 00:29:56,000
BENNY: It's a tough story to buy into.
709
00:29:56,002 --> 00:29:57,247
“My friend and I planned
710
00:29:57,249 --> 00:29:58,427
“this robbery together.
711
00:29:58,429 --> 00:30:00,004
“He just happened to die. And, oh,
712
00:30:00,006 --> 00:30:02,407
“uh, by the way, my brother had no idea
713
00:30:02,409 --> 00:30:04,976
- what we were up to”?
- Not to pour salt in the wound,
714
00:30:04,978 --> 00:30:07,879
but the two green jurors that
we still have, they're soft.
715
00:30:07,881 --> 00:30:10,381
Based on my focus group work,
716
00:30:10,383 --> 00:30:12,120
it's not gonna take
much to turn them red.
717
00:30:12,122 --> 00:30:13,551
(KNOCKING)
718
00:30:13,553 --> 00:30:14,819
I don't want to hear it!
719
00:30:14,821 --> 00:30:16,643
I've had enough bad news for one day.
720
00:30:16,645 --> 00:30:18,425
Too damn bad. I'm coming in.
721
00:30:19,626 --> 00:30:22,193
Wow, look at all the happy faces.
722
00:30:22,195 --> 00:30:23,962
(BULL SIGHS)
723
00:30:23,964 --> 00:30:25,897
You come up with something
to refute the charges
724
00:30:25,899 --> 00:30:27,499
that George committed credit card fraud?
725
00:30:27,501 --> 00:30:28,867
Although, for the life of me,
726
00:30:28,869 --> 00:30:31,202
I still don't see
what that has to do with this.
727
00:30:31,204 --> 00:30:32,637
Cable's working on it.
728
00:30:32,639 --> 00:30:34,539
I've been watching the
closed circuit security tapes
729
00:30:34,541 --> 00:30:37,208
of the robbery that came
over with the prosecution's
730
00:30:37,210 --> 00:30:39,511
latest batch of discovery materials.
731
00:30:39,513 --> 00:30:41,513
Can I show you guys something?
732
00:30:41,515 --> 00:30:43,181
There's no sound.
733
00:30:43,183 --> 00:30:45,494
Just picture.
So you got to watch carefully.
734
00:30:47,020 --> 00:30:50,188
Okay, see what George's brother
does after everything is done?
735
00:30:50,190 --> 00:30:51,589
He's got the money.
736
00:30:51,591 --> 00:30:53,473
Now, based on the time stamp,
we know that,
737
00:30:53,475 --> 00:30:54,915
by this time, the alarm is going off.
738
00:30:54,917 --> 00:30:57,328
So he's got to be concerned
that the cops are on their way.
739
00:30:57,330 --> 00:30:58,630
Watch him.
740
00:30:58,632 --> 00:31:02,233
He starts to head out,
and then he comes back.
741
00:31:02,235 --> 00:31:03,983
BENNY: Looks like he's saying something.
742
00:31:03,985 --> 00:31:06,431
He's realizing something's wrong.
743
00:31:07,541 --> 00:31:09,741
DANNY: See?
744
00:31:09,743 --> 00:31:11,075
BULL: He's realizing
745
00:31:11,077 --> 00:31:12,810
his friend is dead.
746
00:31:12,812 --> 00:31:14,946
DANNY: When's the last time
you heard about a robber
747
00:31:14,948 --> 00:31:17,348
stopping mid-getaway
to check his victim's pulse?
748
00:31:17,350 --> 00:31:19,817
BENNY: So you think
if we show this to a jury
749
00:31:19,819 --> 00:31:21,686
after we put Rick on the stand,
they'll believe
750
00:31:21,688 --> 00:31:23,888
that Kirk's death was accidental?
751
00:31:23,890 --> 00:31:25,290
CABLE: Yes!
752
00:31:26,126 --> 00:31:28,241
I think George has an alibi.
753
00:31:28,243 --> 00:31:30,261
Well, what do you mean?
754
00:31:30,263 --> 00:31:31,930
Okay, on the day of the purchase,
755
00:31:31,932 --> 00:31:33,002
he was nowhere near New Hampshire.
756
00:31:33,004 --> 00:31:36,050
He was working as a dishwasher
in a restaurant he now owns.
757
00:31:36,052 --> 00:31:38,349
I just finished reaching out
to his old boss, the man
758
00:31:38,351 --> 00:31:39,804
he bought the restaurant from.
759
00:31:39,806 --> 00:31:41,573
He has time cards and eyewitnesses.
760
00:31:41,575 --> 00:31:43,775
There is no way he could have done it.
761
00:31:43,777 --> 00:31:45,299
What do you think?
762
00:31:45,301 --> 00:31:46,638
It's good.
763
00:31:47,214 --> 00:31:50,215
I just wish it was a little more.
764
00:31:50,217 --> 00:31:52,884
And I wish with all my heart
it proved he had no idea
765
00:31:52,886 --> 00:31:54,726
what his brother and best friend
were up to that night.
766
00:31:54,728 --> 00:31:57,827
Well, actually,
there is a little bit more.
767
00:31:57,828 --> 00:31:59,460
I tracked down the Best Buy receipts
768
00:31:59,462 --> 00:32:01,429
and located all the serial
numbers and identifiers
769
00:32:01,431 --> 00:32:02,964
associated with the purchased items,
770
00:32:02,966 --> 00:32:04,899
which were actually laptops, by the way.
771
00:32:04,901 --> 00:32:07,035
Then I did a search for those.
772
00:32:07,037 --> 00:32:08,670
And after all this time,
I actually found one
773
00:32:08,672 --> 00:32:09,704
on an archived
774
00:32:09,706 --> 00:32:11,239
online auction site.
775
00:32:11,241 --> 00:32:12,874
I did a little hacking
776
00:32:12,876 --> 00:32:15,910
and tracked down the seller's IP address.
777
00:32:15,912 --> 00:32:16,945
And it turns out
778
00:32:16,947 --> 00:32:20,114
it belongs to an Emory Cochburn,
779
00:32:20,116 --> 00:32:24,018
who, by the way, is in prison
for insurance fraud.
780
00:32:24,020 --> 00:32:26,254
- Which means...?
- DANNY: Which means
781
00:32:26,256 --> 00:32:29,390
whoever sold the stolen
Social Security number to George
782
00:32:29,392 --> 00:32:31,357
sold it at least one more time.
783
00:32:31,359 --> 00:32:33,127
Looks that way.
784
00:32:33,129 --> 00:32:34,429
Nice work, Cable.
785
00:32:34,431 --> 00:32:36,130
I just wish
786
00:32:36,132 --> 00:32:37,398
it cleared George of the crime
787
00:32:37,400 --> 00:32:39,634
we were hired to defend him from.
788
00:32:39,636 --> 00:32:41,502
George Brown stole
the Social Security number
789
00:32:41,504 --> 00:32:42,904
of the deceased, Jim Grayson,
790
00:32:42,906 --> 00:32:44,739
to establish a new identity.
791
00:32:44,741 --> 00:32:46,407
He then opened a credit card
792
00:32:46,409 --> 00:32:48,476
at a Best Buy
in Manchester, New Hampshire,
793
00:32:48,478 --> 00:32:51,813
and used that card to purchase
$10,000 worth of electronics
794
00:32:51,815 --> 00:32:53,615
that he had no intention
of ever paying for.
795
00:32:54,498 --> 00:32:56,818
PELUSO: Thank you, Officer Lyden.
796
00:33:01,725 --> 00:33:03,725
Officer Lyden, thank you.
797
00:33:03,727 --> 00:33:05,560
Thank you for taking the time and coming
798
00:33:05,562 --> 00:33:07,462
- to talk to us today.
- My pleasure.
799
00:33:07,464 --> 00:33:08,930
Let me ask you something.
800
00:33:08,932 --> 00:33:11,766
Do you have any actual proof
801
00:33:11,768 --> 00:33:17,272
that the man sitting before you
here today is the same man
802
00:33:17,274 --> 00:33:19,374
who fraudulently applied
for a credit card
803
00:33:19,376 --> 00:33:21,075
and bought these electronics?
804
00:33:21,077 --> 00:33:25,446
Of course. It's the same name,
same Social Security number.
805
00:33:25,448 --> 00:33:27,115
What else do you need?
806
00:33:27,117 --> 00:33:29,183
And what if I told you
that this Jim Grayson,
807
00:33:29,185 --> 00:33:32,954
also known as George Brown,
was in Glen Rock, New Jersey,
808
00:33:32,956 --> 00:33:35,123
hundreds of miles away
at the time of the purchase,
809
00:33:35,125 --> 00:33:36,791
and that someone else had bought
810
00:33:36,793 --> 00:33:39,394
the same stolen Social Security number
811
00:33:39,396 --> 00:33:42,130
and committed the theft that you
are attributing to my client?
812
00:33:42,132 --> 00:33:45,033
Well, I would say that sounds
like a pretty convenient story.
813
00:33:47,971 --> 00:33:51,372
Your Honor, we'd like to offer proof
814
00:33:51,374 --> 00:33:53,675
of my client's alibi
815
00:33:53,677 --> 00:33:56,744
in the form of time cards
816
00:33:56,746 --> 00:33:58,980
and eyewitness accounts
817
00:33:58,982 --> 00:34:01,249
from Mr. Brown's place of employment
818
00:34:01,251 --> 00:34:02,817
at the date in question.
819
00:34:02,819 --> 00:34:06,120
MARISSA: It may not be the
slam dunk we need... not yet...
820
00:34:06,122 --> 00:34:07,889
but these jurors are starting to warm up.
821
00:34:07,891 --> 00:34:09,223
I can feel it.
822
00:34:09,225 --> 00:34:10,925
The jury hasn't heard enough to acquit,
823
00:34:10,927 --> 00:34:12,160
or even force a mistrial,
824
00:34:12,162 --> 00:34:13,828
but they're listening to us again.
825
00:34:13,830 --> 00:34:15,563
They think we have something to say,
826
00:34:15,565 --> 00:34:17,265
and I'll take that any time.
827
00:34:17,267 --> 00:34:21,710
Tell Cable thanks for all the hard work.
828
00:34:30,215 --> 00:34:31,614
I just kept thinking
about what you told us
829
00:34:31,616 --> 00:34:32,782
the older brother said.
830
00:34:32,784 --> 00:34:34,967
That this whole thing
was really an inside job.
831
00:34:34,969 --> 00:34:37,405
That no one was supposed
to lose their lives.
832
00:34:37,430 --> 00:34:38,862
That these guys knew each other.
833
00:34:38,864 --> 00:34:41,265
And then I kept thinking
about what you said.
834
00:34:41,267 --> 00:34:44,368
That Rick can testify to it,
but who's gonna believe him?
835
00:34:44,370 --> 00:34:45,502
How do you prove it?
836
00:34:45,504 --> 00:34:47,071
Yeah? So?
837
00:34:47,073 --> 00:34:49,606
So I woke up and watched the tape again.
838
00:34:49,608 --> 00:34:52,142
I mean, the idea of it
actually woke me up.
839
00:34:52,949 --> 00:34:56,747
Only this time, I watched
it with that in mind.
840
00:34:57,329 --> 00:34:59,683
And I think I found something.
841
00:35:02,125 --> 00:35:03,387
See that?
842
00:35:03,389 --> 00:35:04,961
See what?
843
00:35:05,858 --> 00:35:08,859
Kirk, the friend, he puts his hands up
844
00:35:08,861 --> 00:35:11,462
before Rick pulls out his gun.
845
00:35:13,499 --> 00:35:16,600
You want proof it was an
inside job, there it is.
846
00:35:17,224 --> 00:35:19,336
You want to prove that
they knew each other,
847
00:35:19,338 --> 00:35:21,105
there it is.
848
00:35:21,107 --> 00:35:23,874
You want to prove that no one
was supposed to die that night?
849
00:35:23,876 --> 00:35:25,676
Picture's worth a thousand words.
850
00:35:25,678 --> 00:35:28,312
If we can prove it's an inside
job with the cooperation
851
00:35:28,314 --> 00:35:29,746
of an employee of the store,
852
00:35:29,748 --> 00:35:31,148
technically, there's no armed robbery,
853
00:35:31,150 --> 00:35:34,284
which negates the felony murder
charge, which means...
854
00:35:34,286 --> 00:35:36,787
George is actually innocent.
855
00:35:36,789 --> 00:35:39,056
(SIGHS)
856
00:35:42,795 --> 00:35:44,661
Well, what'd you get?
857
00:35:44,663 --> 00:35:46,630
The mother lode, pretty much.
858
00:35:46,632 --> 00:35:48,196
Although I think I did promise
859
00:35:48,198 --> 00:35:50,153
- to marry the guy who got them for me.
- Excellent.
860
00:35:50,155 --> 00:35:51,602
Who doesn't love a good wedding?
861
00:35:51,604 --> 00:35:52,903
So you're looking at call logs
862
00:35:52,905 --> 00:35:54,404
between Kirk's pager and Rick's phone,
863
00:35:54,406 --> 00:35:56,406
Rick's pager and Kirk's phone,
864
00:35:56,408 --> 00:35:59,076
and calls between both men's
phones starting in late 1999.
865
00:35:59,078 --> 00:36:02,212
Then it jumps to ten exchanges per day
866
00:36:02,214 --> 00:36:04,813
during the week of the robbery.
867
00:36:05,484 --> 00:36:07,217
Ah. Great.
868
00:36:07,219 --> 00:36:09,520
Um, go home, get some sleep.
869
00:36:10,709 --> 00:36:12,933
What is your relationship
to the defendant?
870
00:36:14,364 --> 00:36:16,725
He's my younger brother.
871
00:36:16,727 --> 00:36:18,529
And what was your relationship
872
00:36:18,531 --> 00:36:20,430
to the clerk who died in the robbery...
873
00:36:20,432 --> 00:36:22,032
Kirk Getty?
874
00:36:22,034 --> 00:36:26,470
(SIGHS) I worked in the mall
as a custodian.
875
00:36:26,472 --> 00:36:28,338
Kirk sold sunglasses.
876
00:36:28,340 --> 00:36:30,140
We met one night.
877
00:36:30,142 --> 00:36:32,172
We hit it off.
878
00:36:32,174 --> 00:36:34,778
We realized, uh, we had a lot in common.
879
00:36:34,780 --> 00:36:36,246
So,
880
00:36:36,248 --> 00:36:38,916
I mean, at what point
did the two of you decide
881
00:36:38,918 --> 00:36:40,609
to stage a robbery together?
882
00:36:40,611 --> 00:36:42,243
Objection. Leading.
883
00:36:42,245 --> 00:36:43,737
(GALLERY MURMURING)
884
00:36:43,739 --> 00:36:44,988
My apologies, Your Honor.
885
00:36:44,990 --> 00:36:46,690
Let me word it a different way.
886
00:36:46,692 --> 00:36:50,227
Uh... uh, whose idea was it
887
00:36:50,229 --> 00:36:52,696
to rob a check cashing place?
888
00:36:52,698 --> 00:36:56,700
Well, it actually started out
with Kirk. He...
889
00:36:56,702 --> 00:36:59,136
You know, he wanted
to buy this motorcycle.
890
00:36:59,138 --> 00:37:02,839
Uh, but truthfully, within 90 seconds,
891
00:37:02,841 --> 00:37:04,241
we were planning it together.
892
00:37:04,243 --> 00:37:07,745
Because he worked there,
he knew all the important stuff,
893
00:37:07,747 --> 00:37:10,013
like combination to the safe
894
00:37:10,015 --> 00:37:12,282
and what day and time to show up
895
00:37:12,284 --> 00:37:14,716
when there would be the most cash there.
896
00:37:15,521 --> 00:37:18,411
It really seemed like
it was gonna be easy.
897
00:37:18,413 --> 00:37:20,357
And-and what about
your brother, George Brown?
898
00:37:20,359 --> 00:37:21,592
Was he in on the planning?
899
00:37:21,594 --> 00:37:25,162
No. George would never do
something like that.
900
00:37:25,164 --> 00:37:28,065
All he was doing that night
was picking me up from work.
901
00:37:29,105 --> 00:37:30,801
He didn't know why I wanted
902
00:37:30,803 --> 00:37:32,936
to stop by the check cashing place.
903
00:37:32,938 --> 00:37:35,105
All he wanted was to get home.
904
00:37:35,107 --> 00:37:37,040
So you never planned on killing anyone?
905
00:37:37,042 --> 00:37:39,813
Of course not. There were
no bullets in the gun.
906
00:37:40,320 --> 00:37:42,746
It was all for the security camera.
907
00:37:42,748 --> 00:37:46,183
With that in mind,
we'd like to enter into evidence
908
00:37:46,185 --> 00:37:48,952
the security camera
footage from that night,
909
00:37:48,954 --> 00:37:51,989
with a particular emphasis
on the time code numbers
910
00:37:51,991 --> 00:37:55,125
indicated on the paperwork.
911
00:37:56,216 --> 00:37:59,446
You can clearly see the victim
with his hands up,
912
00:37:59,448 --> 00:38:02,733
even before the witness
exposes his weapon.
913
00:38:02,735 --> 00:38:04,501
A clear indication that he knew exactly
914
00:38:04,503 --> 00:38:06,470
what was going to happen that night.
915
00:38:07,573 --> 00:38:09,506
As well as another time code,
916
00:38:09,508 --> 00:38:11,975
which clearly shows
the witness delaying his exit
917
00:38:11,977 --> 00:38:13,510
out of the store,
918
00:38:13,512 --> 00:38:16,046
so he could check
on the condition of his friend
919
00:38:16,048 --> 00:38:19,783
once he realized that he was
in some form of distress.
920
00:38:19,785 --> 00:38:24,450
Additionally, we'd like to enter
into evidence phone records
921
00:38:24,452 --> 00:38:28,225
that clearly indicate
the prior relationship
922
00:38:28,227 --> 00:38:30,260
between the witness and the victim.
923
00:38:30,262 --> 00:38:31,328
(GALLERY MURMURING)
924
00:38:31,330 --> 00:38:32,663
(GAVEL BANGS)
925
00:38:32,665 --> 00:38:34,264
JUDGE: Order in the court, please.
926
00:38:34,266 --> 00:38:38,368
Let's quiet down. Let's quiet down.
927
00:38:38,370 --> 00:38:40,837
No further questions
for this witness, Your Honor.
928
00:38:42,846 --> 00:38:45,509
Marissa, we just hit them with
all the firepower we've got.
929
00:38:45,511 --> 00:38:46,843
Tell me it made a difference.
930
00:38:46,845 --> 00:38:49,346
You want the good news or the bad news?
931
00:38:49,348 --> 00:38:51,081
All your generative jurors
finally woke up
932
00:38:51,083 --> 00:38:52,549
and have gone green.
933
00:38:52,551 --> 00:38:54,918
Bad news is, there's only six of them.
934
00:38:54,920 --> 00:38:57,587
The other six aren't quite there yet.
935
00:38:57,589 --> 00:38:59,690
Mr. Peluso, your witness.
936
00:38:59,692 --> 00:39:03,694
Uh, in light of all this new information,
937
00:39:03,696 --> 00:39:05,996
if it pleases the Court, I was hoping
938
00:39:05,998 --> 00:39:07,898
I could request a brief recess?
939
00:39:07,900 --> 00:39:11,368
This court will take a 20-minute recess.
940
00:39:12,417 --> 00:39:14,137
What do you think that means?
941
00:39:14,139 --> 00:39:16,373
I don't know. Maybe he's a smoker.
942
00:39:16,375 --> 00:39:17,908
Maybe he's got a small bladder.
943
00:39:21,551 --> 00:39:23,361
Maybe he wants to borrow some money.
944
00:39:23,363 --> 00:39:24,748
I'll be right back.
945
00:39:28,850 --> 00:39:30,587
It's a great system, isn't it?
946
00:39:31,311 --> 00:39:34,491
You go into it thinking,
“I know what's going on here.
947
00:39:34,493 --> 00:39:36,215
“I know what's right.
948
00:39:36,897 --> 00:39:38,195
I know where this is gonna end up”...
949
00:39:38,197 --> 00:39:39,763
And then...
950
00:39:39,765 --> 00:39:41,965
It's just a great system.
951
00:39:42,280 --> 00:39:45,435
I think it's, like,
seven-five, or five-seven.
952
00:39:45,437 --> 00:39:47,070
Or maybe it's split down the middle.
953
00:39:47,072 --> 00:39:49,740
- What do you think?
- I think he's an innocent man.
954
00:39:49,742 --> 00:39:53,243
I think you know it.
I think they feel it.
955
00:39:53,245 --> 00:39:55,946
Thing is, you're not gonna get
'em all, and neither am I,
956
00:39:55,948 --> 00:39:57,581
which means you're staring at a mistrial,
957
00:39:57,583 --> 00:40:00,375
which means you steal another year
958
00:40:00,377 --> 00:40:02,586
of this guy's life while he sits in jail
959
00:40:02,588 --> 00:40:04,287
waiting for his second day in court.
960
00:40:04,289 --> 00:40:06,757
And his kids keep growing,
and his wife keeps wondering
961
00:40:06,759 --> 00:40:08,658
why she suddenly became a single parent.
962
00:40:08,660 --> 00:40:11,094
And he's forced to close his business
963
00:40:11,096 --> 00:40:12,596
and let his employees go.
964
00:40:12,598 --> 00:40:16,064
And like I said when we
first met, what's the point?
965
00:40:17,202 --> 00:40:18,702
He's not a criminal.
966
00:40:18,704 --> 00:40:20,337
He never was.
967
00:40:20,339 --> 00:40:23,607
You really want me to go in
there and ask for a dismissal?
968
00:40:24,155 --> 00:40:25,675
I have people I have to answer to.
969
00:40:25,677 --> 00:40:27,811
This is not an easy conversation to have.
970
00:40:27,813 --> 00:40:30,013
Yeah, but the conversation
you want to have
971
00:40:30,015 --> 00:40:33,583
isn't happening today, so why
not get this one over with?
972
00:40:33,585 --> 00:40:36,453
In fact, why don't you
call 'em right now?
973
00:40:37,168 --> 00:40:39,589
Mr. Assistant District Attorney,
you're not a stupid man.
974
00:40:39,591 --> 00:40:42,192
You know you're not getting a
conviction against George Brown.
975
00:40:42,194 --> 00:40:43,960
Not today, not ever.
976
00:40:43,962 --> 00:40:46,797
And that's with me and my team
having about a week to prepare.
977
00:40:46,799 --> 00:40:50,901
You put my client through
another year of this hell,
978
00:40:50,903 --> 00:40:54,471
and I promise you I will
spend every day of that year
979
00:40:54,473 --> 00:40:56,773
getting ready for the new trial.
980
00:40:57,438 --> 00:41:00,410
And when we meet again,
you won't know what hit you.
981
00:41:01,359 --> 00:41:05,048
Now I'm gonna go back inside
while you make up your mind.
982
00:41:05,822 --> 00:41:07,284
Surprise me.
983
00:41:16,669 --> 00:41:17,946
Your Honor?
984
00:41:18,788 --> 00:41:21,431
It's a great system, isn't it?
985
00:41:22,667 --> 00:41:25,735
You go into a trial thinking,
“I know what's going on here.
986
00:41:25,760 --> 00:41:26,993
“I know what's right.
987
00:41:27,039 --> 00:41:29,139
I know where this is gonna end up.”
988
00:41:29,141 --> 00:41:31,007
And then the system humbles you.
989
00:41:31,556 --> 00:41:33,677
You realize you hadn't
considered all the facts,
990
00:41:33,679 --> 00:41:36,046
that your thinking may have been flawed.
991
00:41:36,048 --> 00:41:39,850
And that incarcerating someone
who almost certainly had no idea
992
00:41:39,852 --> 00:41:42,319
what was going on
in a building 35 feet away
993
00:41:42,321 --> 00:41:44,554
while he sat in a car makes no sense.
994
00:41:44,556 --> 00:41:46,790
I believe that's the case here.
995
00:41:46,792 --> 00:41:49,025
And with that in mind,
the district attorney's office
996
00:41:49,027 --> 00:41:50,694
would like to enter a motion
997
00:41:50,696 --> 00:41:53,296
to dismiss all charges
against George Brown.
998
00:41:53,298 --> 00:41:54,698
(GAVEL BANGS TWICE)
999
00:41:54,700 --> 00:41:57,033
JUDGE: This court will accept
the prosecution's motion.
1000
00:41:57,035 --> 00:41:58,468
The defendant is free to go.
1001
00:41:58,470 --> 00:42:00,904
And we thank the jury for its service.
1002
00:42:06,411 --> 00:42:08,645
Thank you.
1003
00:42:17,560 --> 00:42:19,656
I know we've never met before.
1004
00:42:21,527 --> 00:42:24,528
But my name is George.
1005
00:42:24,530 --> 00:42:26,696
My last name is Brown.
1006
00:42:28,667 --> 00:42:31,268
And you'd make me
the happiest man in the world
1007
00:42:31,270 --> 00:42:34,938
if you'd marry me and make that
your last name, too.
1008
00:42:44,683 --> 00:42:48,383
You know, I think those two
have a future together.
1009
00:42:49,634 --> 00:42:51,121
Wait a second.
1010
00:42:51,552 --> 00:42:54,391
Are those tears? You
crying, you big old softie?
1011
00:42:54,393 --> 00:42:56,493
Excuse me. I believe you're mistaken.
1012
00:42:56,495 --> 00:42:58,695
These are not tears.
1013
00:42:58,697 --> 00:43:00,730
Wasn't it Tom Hanks who famously said,
1014
00:43:00,732 --> 00:43:03,533
“There's no tears in trial science”?
1015
00:43:03,535 --> 00:43:05,869
No. I believe he was talking
about chocolates.
1016
00:43:05,871 --> 00:43:08,805
- No reference to trial science.
- Whatever.
1017
00:43:11,976 --> 00:43:19,622
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