1 00:00:06,441 --> 00:00:09,748 Thanks for picking me up from work. 2 00:00:09,792 --> 00:00:10,923 No problem. 3 00:00:11,968 --> 00:00:13,491 Do me a favor, little brother. 4 00:00:13,535 --> 00:00:15,885 Pull over up there. I need to cash my paycheck. 5 00:00:15,928 --> 00:00:17,930 You think it's still open? It's kind of late. 6 00:00:17,974 --> 00:00:19,802 Trust me, it's open. 7 00:00:19,845 --> 00:00:21,064 Just pull over. 8 00:00:21,108 --> 00:00:23,153 And wait in the car. 9 00:00:29,420 --> 00:00:31,335 ♪ So there's no reason 10 00:00:31,379 --> 00:00:32,989 ♪ That a man and another man can't elope ♪ 11 00:00:33,033 --> 00:00:35,296 ♪ But if you feel like I feel, I got the antidote... ♪ 12 00:00:35,339 --> 00:00:37,298 ♪ Hey, must be the money...♪ 13 00:00:37,341 --> 00:00:38,603 ♪ I met you 14 00:00:38,647 --> 00:00:40,344 ♪ I think I dreamed you 15 00:00:40,388 --> 00:00:44,348 ♪ Into life 16 00:00:44,392 --> 00:00:46,350 ♪ I knew I loved you 17 00:00:46,394 --> 00:00:48,004 Just drive, man. Just go. 18 00:00:48,048 --> 00:00:50,006 ♪ Before I met you 19 00:00:50,050 --> 00:00:52,965 What are you doing? Go fast. 20 00:00:53,009 --> 00:00:55,707 ♪ I have been waiting all my life ♪ 21 00:00:55,751 --> 00:00:58,710 ♪ Ooh 22 00:00:58,754 --> 00:00:59,972 You okay? 23 00:01:00,016 --> 00:01:01,670 Just drive, man. 24 00:01:01,713 --> 00:01:04,020 Just drive. 25 00:01:06,022 --> 00:01:07,893 [birds chirping] 26 00:01:11,941 --> 00:01:15,118 Dad, these expire today. 27 00:01:16,163 --> 00:01:18,513 It's fine, honey. 28 00:01:19,557 --> 00:01:20,906 Come on. 29 00:01:20,950 --> 00:01:22,691 I wouldn't feed you spoiled meat. 30 00:01:22,734 --> 00:01:26,129 Mom told me you used to cut mold off food and eat around it. 31 00:01:26,173 --> 00:01:28,131 Well, maybe when I was a kid. 32 00:01:28,175 --> 00:01:29,915 And I turned out okay, didn't I? 33 00:01:29,959 --> 00:01:31,439 [laughs] 34 00:01:31,482 --> 00:01:32,918 [doorbell rings] 35 00:01:32,962 --> 00:01:35,225 Kristen, the door! 36 00:01:36,879 --> 00:01:38,228 [doorbell rings] 37 00:01:41,492 --> 00:01:43,973 Afternoon, ma'am. 38 00:01:44,016 --> 00:01:45,322 We're looking for George Brown. 39 00:01:45,366 --> 00:01:47,237 I think you must have the wrong house. 40 00:01:47,281 --> 00:01:48,891 Nobody named George Brown lives here. 41 00:01:48,934 --> 00:01:50,936 George Brown? 42 00:01:50,980 --> 00:01:53,417 Are you addressing me? 43 00:01:53,461 --> 00:01:55,071 My name's James Grayson. 44 00:01:55,115 --> 00:01:57,378 Yeah, I'm sure you're right, Mr. Grayson. 45 00:01:57,421 --> 00:01:59,336 Mix-ups happen all the time. Could I trouble you 46 00:01:59,380 --> 00:02:00,859 to come down to the local police station with us 47 00:02:00,903 --> 00:02:02,252 so we can clear this up? 48 00:02:03,297 --> 00:02:05,386 I was barbecuing out back. 49 00:02:05,429 --> 00:02:08,040 I mean, is this important?Actually, we have 50 00:02:08,084 --> 00:02:09,868 an arrest warrant for George Brown 51 00:02:09,912 --> 00:02:11,479 for a murder in Staten Island. 52 00:02:11,522 --> 00:02:14,351 Thing is, all the authorities involved think he lives here. 53 00:02:14,395 --> 00:02:16,048 I think they think he's you. 54 00:02:16,092 --> 00:02:19,356 Pretty sure you're gonna want to come with us and clear this up. 55 00:02:19,400 --> 00:02:20,488 Look, I-I don't know what's going on, 56 00:02:20,531 --> 00:02:21,750 but he's not George Brown. 57 00:02:21,793 --> 00:02:24,274 He's Jim Grayson. James Grayson. 58 00:02:24,318 --> 00:02:28,191 Ma'am, I'd like you to lower your voice and back up. 59 00:02:30,237 --> 00:02:32,587 Mr. Grayson, you have a nice family here. 60 00:02:32,630 --> 00:02:34,502 You live in a nice neighborhood. 61 00:02:34,545 --> 00:02:37,200 Don't make me come back with sirens and lights and... 62 00:02:37,244 --> 00:02:39,985 Let's just clear this up. 63 00:02:40,029 --> 00:02:41,378 Are you sure they know 64 00:02:41,422 --> 00:02:42,771 we're just here to file a motion? 65 00:02:42,814 --> 00:02:44,207 We've been sitting here over an hour. 66 00:02:44,251 --> 00:02:45,817 Yeah, I've spoken to everybody. 67 00:02:45,861 --> 00:02:48,037 They all know why we're here. 68 00:02:48,080 --> 00:02:50,257 The next arraignment is for George Brown. 69 00:02:50,300 --> 00:02:52,259 The defendant doesn't have a lawyer. Mr. Colón. 70 00:02:52,302 --> 00:02:54,391 Would you be so kind 71 00:02:54,435 --> 00:02:56,480 as to stand in for Mr. Brown's arraignment? 72 00:02:56,524 --> 00:02:59,918 I love the way they make it sound like you have a choice. 73 00:02:59,962 --> 00:03:01,703 [chuckles] Yeah. 74 00:03:01,746 --> 00:03:03,966 I'd be, uh, happy to, Your Honor. 75 00:03:05,010 --> 00:03:06,969 Okay, uh... 76 00:03:07,012 --> 00:03:09,624 any family members here for George Brown? 77 00:03:09,667 --> 00:03:10,973 I'm his wife. 78 00:03:12,540 --> 00:03:15,586 I didn't know judges could just assign lawyers like that. 79 00:03:15,630 --> 00:03:16,761 Are you our lawyer now? 80 00:03:16,805 --> 00:03:19,416 No. No, I'm just standing in 81 00:03:19,460 --> 00:03:21,984 until your husband gets his own attorney. 82 00:03:22,027 --> 00:03:23,986 We only have a few minutes 83 00:03:24,029 --> 00:03:25,292 to try to argue bail. 84 00:03:25,335 --> 00:03:26,597 Is your husband employed? 85 00:03:26,641 --> 00:03:28,599 If so, where? 86 00:03:28,643 --> 00:03:30,297 Uh, what's your family life like? Does he have any friends? 87 00:03:30,340 --> 00:03:33,735 Yes. He owns a restaurant. 88 00:03:33,778 --> 00:03:36,128 He's a devoted father. We have three kids. 89 00:03:36,172 --> 00:03:38,305 He's in a bowling league. What else can I tell you? 90 00:03:38,348 --> 00:03:40,524 We just need to establish that he has roots in the community. 91 00:03:40,568 --> 00:03:42,047 They want to make sure he's not a flight risk. 92 00:03:42,091 --> 00:03:44,398 So, the police arrested your husband 93 00:03:44,441 --> 00:03:48,184 after looking for this murderer for 18 years? 94 00:03:48,228 --> 00:03:50,360 Mrs. Grayson, it doesn't seem 95 00:03:50,404 --> 00:03:52,232 like the kind of thing they would do baselessly. 96 00:03:52,275 --> 00:03:54,016 I don't know what to tell you. 97 00:03:54,059 --> 00:03:55,496 I haven't slept for two days. 98 00:03:55,539 --> 00:03:57,106 I just want my husband to come home. 99 00:03:57,149 --> 00:04:01,241 Look, my kids just want their dad to come home. 100 00:04:03,765 --> 00:04:05,854 [mouths] 101 00:04:09,336 --> 00:04:10,902 Are you my lawyer? 102 00:04:10,946 --> 00:04:13,862 For the purpose of this brief hearing. 103 00:04:13,905 --> 00:04:14,993 How bad is it? 104 00:04:15,037 --> 00:04:16,908 It's pretty bad. 105 00:04:16,952 --> 00:04:19,781 You're being charged with a count of felony murder. 106 00:04:19,824 --> 00:04:23,088 You're looking at 25 years to life. 107 00:04:23,132 --> 00:04:25,743 But all I did was drive a car. 108 00:04:25,787 --> 00:04:28,093 Please state your name for the court record. 109 00:04:37,842 --> 00:04:39,496 George Brown. 110 00:04:39,540 --> 00:04:41,411 JUDGE: How do you plead? 111 00:04:41,455 --> 00:04:44,240 BENNY: Your Honor, we'd like to enter a plea of not guilty. 112 00:04:44,284 --> 00:04:47,025 George Brown is a family man, father of three, 113 00:04:47,069 --> 00:04:48,766 community volunteer, 114 00:04:48,810 --> 00:04:50,812 small business owner, 115 00:04:50,855 --> 00:04:52,335 and he employs seven people in New Jersey. 116 00:04:52,379 --> 00:04:55,033 PELUSO: Your Honor, 18 years ago, 117 00:04:55,077 --> 00:04:56,513 George Brown was the getaway driver 118 00:04:56,557 --> 00:04:59,995 in a robbery at a Fast Cash Express check cashing store. 119 00:05:00,038 --> 00:05:01,910 His coconspirator and older brother, 120 00:05:01,953 --> 00:05:04,782 Richard Brown, held up a 25-year-old man 121 00:05:04,826 --> 00:05:07,132 by the name of Kirk Getty at gunpoint. 122 00:05:07,176 --> 00:05:09,265 He tied him up, gagged him, 123 00:05:09,309 --> 00:05:11,311 and Mr. Getty asphyxiated to death. 124 00:05:11,354 --> 00:05:15,793 The older Mr. Brown stole $8,000 and fled the scene of the crime. 125 00:05:15,837 --> 00:05:18,883 George Brown drove the getaway vehicle. 126 00:05:18,927 --> 00:05:21,059 Police arrested Richard, or Rick, 127 00:05:21,103 --> 00:05:23,148 a short while later. 128 00:05:23,192 --> 00:05:25,368 He was captured on tape calling George 129 00:05:25,412 --> 00:05:27,588 to tell him where the stolen money was hidden 130 00:05:27,631 --> 00:05:30,025 and to take the money and flee. 131 00:05:30,068 --> 00:05:33,245 And apparently started a new life as Jim Grayson. 132 00:05:33,289 --> 00:05:36,031 Did you know he had a brother?No. No. No. 133 00:05:36,074 --> 00:05:38,425 George Brown has been a fugitive from justice 134 00:05:38,468 --> 00:05:40,035 for 18 years, Your Honor. 135 00:05:40,078 --> 00:05:41,645 His fingerprints, 136 00:05:41,689 --> 00:05:43,255 lifted from the gun used in the robbery, 137 00:05:43,299 --> 00:05:44,648 were in the system 138 00:05:44,692 --> 00:05:46,824 and finally flagged in New Jersey a few days ago. 139 00:05:46,868 --> 00:05:49,174 He's clearly a flight risk. 140 00:05:49,218 --> 00:05:51,046 And that is why we are strenuously requesting 141 00:05:51,089 --> 00:05:53,701 that the Court deny Mr. Brown bail. 142 00:05:53,744 --> 00:05:55,485 So ordered. 143 00:05:55,529 --> 00:05:57,357 The defendant is remanded into custody. 144 00:06:06,061 --> 00:06:08,280 I'm so sorry. 145 00:06:08,324 --> 00:06:10,413 So, what happens now? 146 00:06:10,457 --> 00:06:13,634 Now you need to find a good criminal lawyer, 147 00:06:13,677 --> 00:06:16,201 someone who knows their way around felony murder. 148 00:06:16,245 --> 00:06:18,421 And where do we find one of those? 149 00:06:18,465 --> 00:06:21,424 When I get back to my office, I'll e-mail you a few names. 150 00:06:21,468 --> 00:06:24,122 And what about the two of you? 151 00:06:24,166 --> 00:06:27,038 Have you ever defended someone charged with felony murder? 152 00:06:27,082 --> 00:06:28,431 Yes. 153 00:06:28,475 --> 00:06:30,390 And did you win? 154 00:06:30,433 --> 00:06:31,782 Yes. 155 00:06:31,826 --> 00:06:33,958 So why don't we start with you. 156 00:06:34,002 --> 00:06:37,179 After the fantastic job we just did for you here? 157 00:06:37,222 --> 00:06:39,660 Apparently, he's been making them look like fools 158 00:06:39,703 --> 00:06:41,139 for almost 20 years. 159 00:06:41,183 --> 00:06:43,577 I don't think Johnnie Cochran could have gotten him off. 160 00:06:43,620 --> 00:06:45,187 We own a restaurant. 161 00:06:45,230 --> 00:06:46,971 We can pay you. 162 00:06:47,015 --> 00:06:49,191 Just meet with him. 163 00:06:49,234 --> 00:06:50,801 Listen to his side of the story. 164 00:06:50,845 --> 00:06:53,500 And then if it's not for you... 165 00:06:55,545 --> 00:06:57,155 I'll give him ten minutes. 166 00:06:57,199 --> 00:06:59,941 Thank you. Thank you so much. 167 00:07:01,725 --> 00:07:03,466 This is my boss, Dr. Jason Bull. 168 00:07:03,510 --> 00:07:06,251 Your wife wanted us to meet with you, 169 00:07:06,295 --> 00:07:08,906 hear your story, and see if we might 170 00:07:08,950 --> 00:07:11,126 want to be of help to you. 171 00:07:11,169 --> 00:07:13,433 How's she doing? 172 00:07:13,476 --> 00:07:16,131 About as well as can be expected 173 00:07:16,174 --> 00:07:18,307 given that after ten years of marriage, 174 00:07:18,350 --> 00:07:21,310 she just found out she doesn't really know you. 175 00:07:21,353 --> 00:07:24,705 She doesn't know your real name. 176 00:07:24,748 --> 00:07:26,489 You want to tell us how you got here? 177 00:07:26,533 --> 00:07:29,144 It's not much of a story. 178 00:07:32,147 --> 00:07:34,410 I was 18 years old. 179 00:07:34,454 --> 00:07:36,412 My older brother had a DUI, 180 00:07:36,456 --> 00:07:38,370 so I was driving him home from work. 181 00:07:38,414 --> 00:07:40,068 He was a janitor. 182 00:07:40,111 --> 00:07:42,331 2:00 to 10:00 at the mall. 183 00:07:42,374 --> 00:07:45,334 He said he wanted to go to this check cashing place. 184 00:07:45,377 --> 00:07:47,467 Did you go inside?I think 185 00:07:47,510 --> 00:07:49,512 I actually fell asleep in the car waiting. 186 00:07:51,340 --> 00:07:55,213 I had no idea he was planning on robbing the place. 187 00:07:55,257 --> 00:07:56,954 And what happened after that? 188 00:07:56,998 --> 00:07:59,957 Right after? A lot of nothing. 189 00:08:00,001 --> 00:08:02,394 Went about my life. I went to school the next day. 190 00:08:02,438 --> 00:08:03,526 Came home. He wasn't there. 191 00:08:03,570 --> 00:08:05,833 Figured he was at work. 192 00:08:05,876 --> 00:08:09,532 But then I went to pick him up, and he never came to the car. 193 00:08:09,576 --> 00:08:11,055 He was under arrest? 194 00:08:11,099 --> 00:08:12,317 Turns out he had gagged 195 00:08:12,361 --> 00:08:13,580 the guy behind the counter, 196 00:08:13,623 --> 00:08:15,625 but couldn't tie the gag with his gloves on, 197 00:08:15,669 --> 00:08:17,845 so he took them off. 198 00:08:17,888 --> 00:08:20,412 Once they had his prints, it was all over. 199 00:08:20,456 --> 00:08:22,719 And they picked him up at the mall. 200 00:08:22,763 --> 00:08:25,548 I, of course, knew none of this. 201 00:08:25,592 --> 00:08:28,290 Finally, Rick calls me a couple days later from jail. 202 00:08:28,333 --> 00:08:30,858 Tells me where the money is. Tells me to take it and run. 203 00:08:30,901 --> 00:08:33,904 So, if all you did was drive the car, 204 00:08:33,948 --> 00:08:36,124 and if you didn't even know what your brother did 205 00:08:36,167 --> 00:08:38,692 when he was inside the check cashing store, 206 00:08:38,735 --> 00:08:40,258 why did he tell you to run? 207 00:08:40,302 --> 00:08:41,651 Why didn't you go to the authorities, 208 00:08:41,695 --> 00:08:42,870 tell them your story? 209 00:08:42,913 --> 00:08:46,438 Rick told me the public defender told him 210 00:08:46,482 --> 00:08:49,224 they were about to put out a warrant for my arrest. 211 00:08:49,267 --> 00:08:50,747 They were convinced we were in it together. 212 00:08:50,791 --> 00:08:52,444 Something called a joint venture. 213 00:08:52,488 --> 00:08:54,359 Ah. In which case, 214 00:08:54,403 --> 00:08:57,319 even though you were only the getaway driver, 215 00:08:57,362 --> 00:08:58,668 in the eyes of the law, 216 00:08:58,712 --> 00:09:00,278 you're as guilty as the person who held the gun. 217 00:09:00,322 --> 00:09:04,326 And since someone died, everyone's charged with murder. 218 00:09:04,369 --> 00:09:05,893 Hmm. 219 00:09:05,936 --> 00:09:07,895 So now you're on the run. 220 00:09:07,938 --> 00:09:09,636 [exhales] 221 00:09:09,679 --> 00:09:12,073 Moved around New England for about a year. 222 00:09:12,116 --> 00:09:13,596 Slept in bus stations. 223 00:09:13,640 --> 00:09:15,859 Didn't talk to anyone. 224 00:09:15,903 --> 00:09:19,907 And then I met a guy selling drugs in the bus station 225 00:09:19,950 --> 00:09:22,213 who told me he could get me 226 00:09:22,257 --> 00:09:25,826 a dead person's Social Security number for $350. 227 00:09:27,828 --> 00:09:30,961 And Jim Grayson was born. 228 00:09:33,094 --> 00:09:35,313 Stupid. 229 00:09:35,357 --> 00:09:37,098 I went to renew my liquor license 230 00:09:37,141 --> 00:09:38,752 about a month ago. 231 00:09:38,795 --> 00:09:40,144 They asked for my prints. 232 00:09:40,188 --> 00:09:43,191 I didn't think a thing about it. 233 00:09:43,234 --> 00:09:46,020 Pretty sure that's what did me in. 234 00:09:49,806 --> 00:09:51,416 BENNY: Mrs. Grayson? 235 00:09:52,592 --> 00:09:54,419 So, that was an awfully long ten minutes. 236 00:09:54,463 --> 00:09:55,551 How's he doing? 237 00:09:55,595 --> 00:09:57,118 [chuckles] 238 00:09:57,161 --> 00:09:58,641 That's funny. 239 00:09:58,685 --> 00:10:00,948 He asked the exact same question about you. 240 00:10:00,991 --> 00:10:02,950 My sense is that he is overcome 241 00:10:02,993 --> 00:10:06,518 with regret and remorse, 242 00:10:06,562 --> 00:10:10,131 and at the exact same time, he is angry and bitter 243 00:10:10,174 --> 00:10:12,742 because any logical examination of the facts 244 00:10:12,786 --> 00:10:14,875 suggests that... 245 00:10:14,918 --> 00:10:17,007 he didn't really do anything. 246 00:10:17,051 --> 00:10:18,530 You sound like you're on his side. 247 00:10:18,574 --> 00:10:20,489 You sound like you believe him. 248 00:10:22,360 --> 00:10:23,884 I guess I do. 249 00:10:23,927 --> 00:10:26,974 Does that mean you'd be willing to represent him? 250 00:10:29,629 --> 00:10:31,935 I guess it does. 251 00:10:31,979 --> 00:10:33,981 ♪ 252 00:10:41,118 --> 00:10:42,467 ADA Peluso. Thanks for coming by. 253 00:10:42,511 --> 00:10:43,730 Dr. Bull's expecting you. 254 00:10:43,773 --> 00:10:46,907 Any excuse to get out of the office. 255 00:10:46,950 --> 00:10:49,605 So, I'm guessing we're all here to talk plea deal? 256 00:10:49,649 --> 00:10:51,172 Well, I can't speak for you, 257 00:10:51,215 --> 00:10:54,610 but Dr. Bull and I are here to talk about dismissal. 258 00:10:54,654 --> 00:10:57,657 Dismissal? Well, it's good to have a dream. 259 00:10:57,700 --> 00:10:58,570 [chuckles] 260 00:10:58,614 --> 00:11:00,572 Well, the joke's not lost on me, 261 00:11:00,616 --> 00:11:03,619 but let's talk it through for a second. 262 00:11:03,663 --> 00:11:05,403 No matter how you slice it, 263 00:11:05,447 --> 00:11:08,580 prosecuting that man is still a moral conundrum. 264 00:11:08,624 --> 00:11:12,759 After all, the primary function of our criminal justice system 265 00:11:12,802 --> 00:11:16,197 is to provide deterrence, protect society, 266 00:11:16,240 --> 00:11:18,242 punish people who commit crimes, 267 00:11:18,286 --> 00:11:21,681 and rehabilitate criminals once we have them in custody. 268 00:11:21,724 --> 00:11:23,726 Now, hasn't all of that 269 00:11:23,770 --> 00:11:25,902 already been accomplished with regard to George Brown? 270 00:11:25,946 --> 00:11:27,643 He's led a successful and productive life 271 00:11:27,687 --> 00:11:28,992 since the robbery. 272 00:11:29,036 --> 00:11:30,907 He's not a danger to society. 273 00:11:30,951 --> 00:11:34,171 And he has no intention to commit another crime. 274 00:11:34,215 --> 00:11:35,912 So... [chuckles] 275 00:11:35,956 --> 00:11:39,307 what would be the point of sending him to prison? 276 00:11:39,350 --> 00:11:43,137 Dr. Bull, this trial isn't an ethics symposium. 277 00:11:43,180 --> 00:11:45,617 We can't just give someone a "get out of jail free" card 278 00:11:45,661 --> 00:11:47,663 for evading the law. 279 00:11:47,707 --> 00:11:48,969 Come on, did you really think 280 00:11:49,012 --> 00:11:50,797 I was gonna roll over for you that easily? 281 00:11:50,840 --> 00:11:52,407 He's an innocent man. 282 00:11:52,450 --> 00:11:54,235 Maybe he is... 283 00:11:54,278 --> 00:11:56,803 and maybe he isn't. 284 00:11:56,846 --> 00:12:00,502 That is why we're having a trial. 285 00:12:00,545 --> 00:12:02,722 See you on the ice, gentlemen. 286 00:12:04,419 --> 00:12:05,768 BULL: A man can't be found guilty 287 00:12:05,812 --> 00:12:08,728 of a murder simply because it happened in his midst. 288 00:12:08,771 --> 00:12:11,643 And he absolutely can't be found guilty 289 00:12:11,687 --> 00:12:12,906 of a murder in which he took no part 290 00:12:12,949 --> 00:12:14,516 and was not even aware. 291 00:12:14,559 --> 00:12:16,213 BENNY: So that's our narrative? 292 00:12:16,257 --> 00:12:17,214 We're gonna make the government prove 293 00:12:17,258 --> 00:12:19,216 that George knew what was going on? 294 00:12:19,260 --> 00:12:21,523 Yeah. To be held accountable for a joint venture, 295 00:12:21,566 --> 00:12:23,307 George had to have known 296 00:12:23,351 --> 00:12:25,919 that his brother was gonna commit armed robbery. 297 00:12:25,962 --> 00:12:27,529 And he didn't know. 298 00:12:27,572 --> 00:12:29,574 How in the world are we gonna prove that? 299 00:12:29,618 --> 00:12:32,316 We'll start by showing the jury what kind of man he is. 300 00:12:32,360 --> 00:12:34,797 And the key to that is his wife. 301 00:12:34,841 --> 00:12:35,755 Chunk. 302 00:12:35,798 --> 00:12:37,321 Let's get her in here. 303 00:12:37,365 --> 00:12:38,758 What's important 304 00:12:38,801 --> 00:12:40,063 is when she is sitting in that courtroom, 305 00:12:40,107 --> 00:12:42,805 that she sends the right message to the jurors. 306 00:12:42,849 --> 00:12:44,589 She loves this man. 307 00:12:44,633 --> 00:12:46,809 She trusts this man. 308 00:12:46,853 --> 00:12:48,593 This is a good man. 309 00:12:48,637 --> 00:12:50,857 All right. I'll do whatever I can 310 00:12:50,900 --> 00:12:52,815 to get her in here today. 311 00:12:52,859 --> 00:12:55,165 And what do we know about how and from whom 312 00:12:55,209 --> 00:12:57,472 he bought this fake Social Security number? 313 00:12:57,515 --> 00:12:59,822 Well, he says he met a guy at a bus station. 314 00:12:59,866 --> 00:13:00,954 Says his name was Joe, 315 00:13:00,997 --> 00:13:03,130 and he sold cell phones in Burlington, 316 00:13:03,173 --> 00:13:04,696 which makes sense, 317 00:13:04,740 --> 00:13:06,873 'cause to buy a cell phone, you have to buy a plan; 318 00:13:06,916 --> 00:13:08,613 to buy a plan, you have to give the merchant 319 00:13:08,657 --> 00:13:09,832 your Social Security number. 320 00:13:09,876 --> 00:13:11,834 Well, at least you did back then. 321 00:13:11,878 --> 00:13:13,836 Any thoughts on voir dire? 322 00:13:13,880 --> 00:13:15,707 The more I think about it, the more I think 323 00:13:15,751 --> 00:13:19,189 the answer lies in... generativity. 324 00:13:19,233 --> 00:13:20,843 Okay, I'm out. 325 00:13:20,887 --> 00:13:22,584 Yeah, me, too. 326 00:13:22,627 --> 00:13:23,933 Seven years of college 327 00:13:23,977 --> 00:13:26,153 and I have no idea what you're talking about. 328 00:13:26,196 --> 00:13:29,243 Generativity is the concern for, 329 00:13:29,286 --> 00:13:31,593 and belief in, the future. 330 00:13:31,636 --> 00:13:33,551 And a commitment to the idea that no matter 331 00:13:33,595 --> 00:13:37,164 how bad things may be at any given moment, 332 00:13:37,207 --> 00:13:40,080 you can persevere and redeem yourself. 333 00:13:41,733 --> 00:13:43,561 Let me give you an example. 334 00:13:43,605 --> 00:13:44,824 Marissa. 335 00:13:44,867 --> 00:13:47,696 If you say so. 336 00:13:47,739 --> 00:13:49,132 I mean it as a compliment. 337 00:13:49,176 --> 00:13:51,569 It's an admirable quality in a person. 338 00:13:51,613 --> 00:13:54,398 So, tell me your life story. 339 00:13:54,442 --> 00:13:56,748 Boil it down to what you think's relevant. 340 00:13:56,792 --> 00:14:00,796 I was adopted into a wonderful family. 341 00:14:00,840 --> 00:14:02,885 And meeting my birth parents 342 00:14:02,929 --> 00:14:04,626 made me appreciate different ways 343 00:14:04,669 --> 00:14:06,497 my life could have ended up. 344 00:14:07,847 --> 00:14:09,892 But I like the way it's gone. 345 00:14:09,936 --> 00:14:12,242 I worked for Homeland Security. 346 00:14:12,286 --> 00:14:15,158 I developed an algorithm to try to help understand people, 347 00:14:15,202 --> 00:14:18,509 which led me to you. 348 00:14:18,553 --> 00:14:22,165 I have had a string of interesting relationships. 349 00:14:22,209 --> 00:14:26,517 Some good, one Kyle. 350 00:14:26,561 --> 00:14:29,390 But none of them broke me, 351 00:14:29,433 --> 00:14:31,914 and none of them made me who I am. 352 00:14:34,438 --> 00:14:35,962 You see? 353 00:14:36,005 --> 00:14:37,746 Highly generative people, 354 00:14:37,789 --> 00:14:39,574 they're driven to help others 355 00:14:39,617 --> 00:14:40,923 for the betterment of the future, 356 00:14:40,967 --> 00:14:42,969 because they see the arcs of their lives 357 00:14:43,012 --> 00:14:45,319 as redemption stories. 358 00:14:45,362 --> 00:14:46,929 And that's what we want. 359 00:14:46,973 --> 00:14:50,324 Jurors, who no matter what the prosecution presents, 360 00:14:50,367 --> 00:14:52,892 will only see a man who's changed, 361 00:14:52,935 --> 00:14:56,852 making a good life out of a bad circumstance. 362 00:14:56,896 --> 00:14:58,158 BENNY: So tell me, 363 00:14:58,201 --> 00:15:00,421 if you lost your job today, 364 00:15:00,464 --> 00:15:02,249 where would you be in five years? 365 00:15:02,292 --> 00:15:05,295 I guess I'd try to find a similar position somewhere else. 366 00:15:05,339 --> 00:15:07,341 And if that didn't work, well, 367 00:15:07,384 --> 00:15:09,125 I'd just try and find another job. 368 00:15:09,169 --> 00:15:12,041 I'd like to think I'm the captain of my own destiny. 369 00:15:14,478 --> 00:15:17,655 This juror is acceptable to the defense, Your Honor. 370 00:15:17,699 --> 00:15:19,788 MARISSA: This should be interesting. 371 00:15:19,831 --> 00:15:23,705 Harold King was essentially homeless from the age of 13 on. 372 00:15:23,748 --> 00:15:26,490 Grew up on the streets, hustling for food and money. 373 00:15:26,534 --> 00:15:28,753 Finally got a legitimate job working 374 00:15:28,797 --> 00:15:30,494 for a private sanitation company. 375 00:15:30,538 --> 00:15:32,670 Worked there for 22 years, 376 00:15:32,714 --> 00:15:34,759 till he was suddenly laid off last Christmas. 377 00:15:34,803 --> 00:15:36,718 Six weeks later, his wife left him. 378 00:15:36,761 --> 00:15:38,546 It's a wonder he can get out of bed. 379 00:15:38,589 --> 00:15:40,809 Let me ask you a question, sir. 380 00:15:40,852 --> 00:15:42,942 Would you trade your life for anyone else's? 381 00:15:44,421 --> 00:15:45,988 Not a chance in hell. 382 00:15:46,032 --> 00:15:49,600 Everything I've been through has made me who I am today. 383 00:15:49,644 --> 00:15:51,951 I love that man. 384 00:15:54,954 --> 00:15:57,957 "Mr. Palmer, you continue to confuse the law 385 00:15:58,000 --> 00:15:59,741 "with some kind of game show. 386 00:15:59,784 --> 00:16:01,743 "It's not about winning and losing. 387 00:16:01,786 --> 00:16:03,963 It's about the search for what is right." 388 00:16:04,006 --> 00:16:06,704 A "D." Damn it. A "D"? 389 00:16:06,748 --> 00:16:08,054 [scoffs] 390 00:16:08,097 --> 00:16:09,794 [knocking on door] 391 00:16:09,838 --> 00:16:12,232 Hi. I'm Kristen. 392 00:16:12,275 --> 00:16:14,756 Jim's wife-- uh, George's wife. 393 00:16:14,799 --> 00:16:16,714 I-I just came straight from the courthouse. 394 00:16:16,758 --> 00:16:20,022 Dr. Bull wanted me to do some witness prep? 395 00:16:20,066 --> 00:16:22,677 Although, nobody's told me I was going to be a witness. 396 00:16:22,720 --> 00:16:24,070 Oh, hi. 397 00:16:24,113 --> 00:16:25,897 I'm Chunk Palmer. It's nice to meet you. 398 00:16:25,941 --> 00:16:27,943 And no, you won't be going on the stand. 399 00:16:27,987 --> 00:16:30,902 Not in the immediate future, at least. 400 00:16:30,946 --> 00:16:32,382 Then what's the point? 401 00:16:35,081 --> 00:16:37,909 We just want to make sure that you're mindful, 402 00:16:37,953 --> 00:16:40,216 that even when you're sitting in the gallery, 403 00:16:40,260 --> 00:16:42,914 that the jury is still watching you. 404 00:16:42,958 --> 00:16:46,005 No. I know. 405 00:16:46,048 --> 00:16:47,441 It's important. 406 00:16:47,484 --> 00:16:49,399 It's all important. 407 00:16:49,443 --> 00:16:51,053 I actually went 408 00:16:51,097 --> 00:16:54,535 to go see him last night in jail. 409 00:16:54,578 --> 00:16:56,798 Not a moment I ever imagined, 410 00:16:56,841 --> 00:16:59,670 but I needed to know what was true and what wasn't, 411 00:16:59,714 --> 00:17:03,065 about everything he's ever told me. 412 00:17:03,109 --> 00:17:06,025 And he was honest about everything that mattered. 413 00:17:07,461 --> 00:17:11,769 I mentioned our kids and he cried. 414 00:17:11,813 --> 00:17:13,162 Do you have kids? 415 00:17:13,206 --> 00:17:15,817 Yeah. One. 416 00:17:15,860 --> 00:17:18,994 They're just... your everything. 417 00:17:19,038 --> 00:17:21,649 And the shock of all of it, 418 00:17:21,692 --> 00:17:23,781 knowing that their last names-- 419 00:17:23,825 --> 00:17:26,523 my last name-- is made up, bought. 420 00:17:26,567 --> 00:17:29,135 I got so mad. 421 00:17:29,178 --> 00:17:32,877 And then he reminded me that their first names... 422 00:17:32,921 --> 00:17:35,054 those were ours. 423 00:17:36,925 --> 00:17:39,101 Our first baby, Malone, 424 00:17:39,145 --> 00:17:42,017 before she arrived, we had no money. 425 00:17:42,061 --> 00:17:43,497 And so for fun, we would go 426 00:17:43,540 --> 00:17:45,020 to these minor league baseball games. 427 00:17:45,064 --> 00:17:48,154 And they cost, like, two dollars a ticket. 428 00:17:48,197 --> 00:17:51,026 And they had this shortstop, Malone Jackson. 429 00:17:51,070 --> 00:17:53,333 And Jimmy... 430 00:17:53,376 --> 00:17:55,422 George loved him. 431 00:17:55,465 --> 00:17:57,076 He loves everything about baseball, 432 00:17:57,119 --> 00:17:59,991 but he really loved him. 433 00:18:00,035 --> 00:18:01,689 And so I loved him, too. 434 00:18:03,473 --> 00:18:07,129 And when the baby came, and she was a she, 435 00:18:07,173 --> 00:18:09,958 we said "so what," 436 00:18:10,001 --> 00:18:13,092 and she became Malone. 437 00:18:16,921 --> 00:18:18,836 That's her. 438 00:18:18,880 --> 00:18:20,751 That's Malone. [sniffs] 439 00:18:20,795 --> 00:18:24,146 And Ella and Richard. 440 00:18:24,190 --> 00:18:27,845 They're with my mom right now. 441 00:18:27,889 --> 00:18:30,152 They miss him so much. 442 00:18:32,546 --> 00:18:34,069 This... 443 00:18:34,113 --> 00:18:37,159 how you look and feel right now, 444 00:18:37,203 --> 00:18:38,726 that's what we need in the courtroom. 445 00:18:38,769 --> 00:18:41,729 So, when you're sitting there, 446 00:18:41,772 --> 00:18:43,339 and the prosecution is making him out 447 00:18:43,383 --> 00:18:45,820 to be anything but the man you know, 448 00:18:45,863 --> 00:18:49,215 remember this feeling. 449 00:18:49,258 --> 00:18:51,869 It's gonna give you peace. 450 00:18:51,913 --> 00:18:56,135 And it's gonna help the jury see who George really is. 451 00:19:11,062 --> 00:19:13,195 Ladies and gentleman of the jury, 452 00:19:13,239 --> 00:19:17,112 I am here to tell you about an innocent man, 453 00:19:17,156 --> 00:19:20,420 who endured difficult circumstances 454 00:19:20,463 --> 00:19:22,117 early in his life, 455 00:19:22,161 --> 00:19:25,729 only to make something of himself. 456 00:19:25,773 --> 00:19:29,820 My client was born George Brown, 457 00:19:29,864 --> 00:19:32,867 to parents Malone and Ella Brown. 458 00:19:32,910 --> 00:19:34,477 [gasps] 459 00:19:34,521 --> 00:19:37,654 Both parents were killed in a car accident 460 00:19:37,698 --> 00:19:39,482 when George was only ten. 461 00:19:39,526 --> 00:19:41,136 And his brother, Richard Brown, 462 00:19:41,180 --> 00:19:42,529 raised him for the next eight years. 463 00:19:42,572 --> 00:19:44,270 Your wife suddenly 464 00:19:44,313 --> 00:19:46,837 seems very upset.BENNY: George Brown is a loving husband... 465 00:19:46,881 --> 00:19:48,622 Marissa, is Chunk there?BENNY: ...a devoted father... 466 00:19:48,665 --> 00:19:50,885 Did he even prepare Kristen at all? 467 00:19:50,928 --> 00:19:52,669 She looks like she's about to fall apart. 468 00:19:52,713 --> 00:19:54,236 I don't know what to say. 469 00:19:54,280 --> 00:19:56,107 I worked with the woman for almost an hour. 470 00:19:56,151 --> 00:19:59,023 Here it is online. Malone and Ella Brown. 471 00:19:59,067 --> 00:20:02,201 "Fatal collision kills parents of two in Staten Island." 472 00:20:02,244 --> 00:20:03,637 Wait a second. 473 00:20:03,680 --> 00:20:06,335 Did you say Malone and Ella? 474 00:20:06,379 --> 00:20:09,120 Those are his parents' names? 475 00:20:09,164 --> 00:20:11,253 Those are the names of their kids. 476 00:20:11,297 --> 00:20:13,473 He lied to her again. 477 00:20:13,516 --> 00:20:15,997 BENNY: The two boys didn't have an easy time of it, 478 00:20:16,040 --> 00:20:19,783 but nonetheless, they had to do what they had to do, 479 00:20:19,827 --> 00:20:21,307 in order to get on...Face front. 480 00:20:21,350 --> 00:20:22,308 You're only making things worse. 481 00:20:22,351 --> 00:20:23,874 BENNY: The older brother, Richard, 482 00:20:23,918 --> 00:20:26,268 took a job as a janitor at the local mall, 483 00:20:26,312 --> 00:20:28,183 and George went about 484 00:20:28,227 --> 00:20:30,403 completing his high school education. 485 00:20:30,446 --> 00:20:32,231 [gallery murmuring] 486 00:20:36,365 --> 00:20:37,932 [door closes][sighs] 487 00:20:43,851 --> 00:20:45,896 [knocking on door] 488 00:20:53,339 --> 00:20:55,471 You okay? 489 00:20:55,515 --> 00:20:57,473 My children are named after parents 490 00:20:57,517 --> 00:20:59,301 I never knew anything about, 491 00:20:59,345 --> 00:21:01,477 and a brother-in-law I never met. 492 00:21:01,521 --> 00:21:03,436 Why would he do that? 493 00:21:03,479 --> 00:21:05,481 That's not a lie he needed to tell me, 494 00:21:05,525 --> 00:21:08,310 and how many more of those are there? 495 00:21:08,354 --> 00:21:11,139 Well, lies are funny things. 496 00:21:11,182 --> 00:21:14,055 I can tell you from personal experience, 497 00:21:14,098 --> 00:21:17,624 you convince yourself there's only one lie 498 00:21:17,667 --> 00:21:19,408 you need to tell out of necessity. 499 00:21:21,018 --> 00:21:23,543 And then the others... 500 00:21:23,586 --> 00:21:27,329 the others just... happen. 501 00:21:27,373 --> 00:21:29,244 It's all too much. 502 00:21:29,288 --> 00:21:30,593 I know it seems that way, 503 00:21:30,637 --> 00:21:32,726 but he needs you. 504 00:21:32,769 --> 00:21:34,597 And tomorrow, the prosecution 505 00:21:34,641 --> 00:21:36,469 is gonna begin to present its case. 506 00:21:36,512 --> 00:21:39,167 And if you're not there, he has no one, 507 00:21:39,210 --> 00:21:41,474 and the jury's gonna notice. 508 00:21:41,517 --> 00:21:43,563 They certainly did when you left. 509 00:21:43,606 --> 00:21:44,868 PELUSO: So after executing 510 00:21:44,912 --> 00:21:46,653 the search warrant on the suspect's premises, 511 00:21:46,696 --> 00:21:47,958 what did you find? 512 00:21:48,002 --> 00:21:50,352 We found a gun under a mattress 513 00:21:50,396 --> 00:21:52,441 in what we determined to be Rick Brown's bedroom 514 00:21:52,485 --> 00:21:55,705 in the apartment that, uh, Rick and George Brown lived in. 515 00:21:55,749 --> 00:21:57,577 Stop looking for her.PELUSO: Were you able to lift fingerprints... 516 00:21:57,620 --> 00:21:59,448 All you're doing is calling the jury's attention 517 00:21:59,492 --> 00:22:01,537 to the fact that she's not here.DETECTIVE: Yes. Two sets. 518 00:22:01,581 --> 00:22:03,191 Did you determine who they belonged to? 519 00:22:03,234 --> 00:22:05,498 Rick Brown and the defendant, George Brown. 520 00:22:05,541 --> 00:22:07,587 [gallery murmuring] 521 00:22:07,630 --> 00:22:09,676 [clears throat] 522 00:22:09,719 --> 00:22:11,895 [exhales] 523 00:22:11,939 --> 00:22:15,159 You sent the gun to the crime lab. 524 00:22:15,203 --> 00:22:16,552 We certainly did. 525 00:22:16,596 --> 00:22:18,728 And you got my client's prints back. 526 00:22:18,772 --> 00:22:20,121 We certainly did. 527 00:22:24,778 --> 00:22:26,780 [gallery murmuring] 528 00:22:33,526 --> 00:22:35,354 [quietly]: Tell Chunk mission accomplished. 529 00:22:35,397 --> 00:22:36,877 And thank you. 530 00:22:37,921 --> 00:22:41,664 Now, just to be clear, 531 00:22:41,708 --> 00:22:44,667 do these prints show you 532 00:22:44,711 --> 00:22:47,366 when George Brown touched the gun? 533 00:22:47,409 --> 00:22:48,671 No. 534 00:22:48,715 --> 00:22:51,674 And do they reveal how he handled the gun? 535 00:22:51,718 --> 00:22:53,633 I mean, I would think there's one set 536 00:22:53,676 --> 00:22:56,984 of prints you typically get when someone uses a gun 537 00:22:57,027 --> 00:22:59,160 and perhaps a different pattern of prints 538 00:22:59,203 --> 00:23:01,467 when someone handles the gun. 539 00:23:01,510 --> 00:23:04,774 Uh, picks it up, uh, to move it. 540 00:23:04,818 --> 00:23:05,775 Something like that. 541 00:23:05,819 --> 00:23:07,211 I suppose that's true. 542 00:23:07,255 --> 00:23:10,171 Well, it's either true or it isn't, Detective. 543 00:23:10,214 --> 00:23:11,564 Yes. 544 00:23:11,607 --> 00:23:13,261 If someone used the gun, 545 00:23:13,304 --> 00:23:14,828 the location of the prints would be different 546 00:23:14,871 --> 00:23:16,438 than if somebody handled the gun. 547 00:23:16,482 --> 00:23:18,397 BENNY: And would you say 548 00:23:18,440 --> 00:23:21,791 that the pattern of his prints is consistent 549 00:23:21,835 --> 00:23:24,098 with someone who had used the gun? 550 00:23:25,752 --> 00:23:26,883 No, 551 00:23:26,927 --> 00:23:28,102 I would not. 552 00:23:28,145 --> 00:23:29,277 BENNY: And you've already testified 553 00:23:29,320 --> 00:23:31,801 that the prints don't indicate 554 00:23:31,845 --> 00:23:34,021 when my client might have handled the gun. 555 00:23:34,064 --> 00:23:35,457 Isn't that correct? 556 00:23:35,501 --> 00:23:36,893 Your Honor, counsel's testifying. 557 00:23:36,937 --> 00:23:37,894 Overruled. 558 00:23:37,938 --> 00:23:39,461 Continue, Mr. Colón. 559 00:23:39,505 --> 00:23:40,462 Yes, Your Honor. 560 00:23:40,506 --> 00:23:43,334 So, to sum it up, 561 00:23:43,378 --> 00:23:45,902 you have my client's prints 562 00:23:45,946 --> 00:23:48,644 on a gun that belonged to a man 563 00:23:48,688 --> 00:23:52,648 that he had shared a home with his entire life. 564 00:23:52,692 --> 00:23:54,433 Not a surprise. 565 00:23:54,476 --> 00:23:57,000 The prints don't prove he used the gun 566 00:23:57,044 --> 00:24:00,177 or that it was in his possession 567 00:24:00,221 --> 00:24:03,833 at any time in or around the robbery. 568 00:24:03,877 --> 00:24:07,750 Is that an accurate reflection of your testimony, Detective? 569 00:24:08,795 --> 00:24:10,318 Yes. 570 00:24:10,361 --> 00:24:12,146 No further questions, Your Honor. 571 00:24:14,844 --> 00:24:16,150 How's the weather over there? 572 00:24:16,193 --> 00:24:17,717 We still frozen out? 573 00:24:17,760 --> 00:24:19,980 Actually, I'm starting to feel a bit of a thaw. 574 00:24:20,023 --> 00:24:22,156 We picked up one green juror. 575 00:24:22,199 --> 00:24:24,375 I'll take it. 576 00:24:24,419 --> 00:24:25,942 And I just had a thought. 577 00:24:25,986 --> 00:24:27,683 See if you can get Benny and me 578 00:24:27,727 --> 00:24:30,033 two visitors' passes to Green Haven. 579 00:24:31,208 --> 00:24:34,516 We'd like to sit down with Rick Brown. 580 00:24:34,560 --> 00:24:36,562 [lock buzzes] 581 00:24:40,870 --> 00:24:43,656 Mr. Brown, my name's Dr. Jason Bull. 582 00:24:43,699 --> 00:24:44,918 This is 583 00:24:44,961 --> 00:24:46,746 Benjamin Colón. 584 00:24:46,789 --> 00:24:48,922 We're here on behalf of your brother, George Brown. 585 00:24:48,965 --> 00:24:50,793 On behalf of your brother 586 00:24:50,837 --> 00:24:53,056 and his wife Kristen 587 00:24:53,100 --> 00:24:55,406 and their three children, 588 00:24:55,450 --> 00:24:57,800 your nieces and nephew. 589 00:24:59,236 --> 00:25:01,412 He's a dad? He's a... 590 00:25:01,456 --> 00:25:04,241 I'm an uncle? 591 00:25:04,285 --> 00:25:06,853 [exhales] Uh... 592 00:25:08,811 --> 00:25:11,727 Wh-Where is he? Is he okay? 593 00:25:11,771 --> 00:25:14,034 He's on trial for the murder of Kirk Getty. 594 00:25:17,037 --> 00:25:20,170 My God. 595 00:25:20,214 --> 00:25:22,521 BULL: We're trying to help your brother. 596 00:25:22,564 --> 00:25:23,913 Mr. Colón is his attorney, 597 00:25:23,957 --> 00:25:26,829 and I'm what they call a trial scientist. 598 00:25:26,873 --> 00:25:29,571 Now, obviously, we know George's version 599 00:25:29,615 --> 00:25:32,139 of what happened that night. But only you know 600 00:25:32,182 --> 00:25:35,795 what went on inside the check cashing shop. 601 00:25:35,838 --> 00:25:38,188 RICK: What do you want to know? 602 00:25:38,232 --> 00:25:40,582 I was-was all bundled up. 603 00:25:40,626 --> 00:25:42,541 Big coat. 604 00:25:42,584 --> 00:25:43,933 Scarves. 605 00:25:43,977 --> 00:25:45,979 Ski gloves. 606 00:25:46,980 --> 00:25:49,460 It was cold. 607 00:25:49,504 --> 00:25:51,680 Plus... [stammers] 608 00:25:51,724 --> 00:25:53,552 I knew there was a camera. 609 00:25:53,595 --> 00:25:54,944 And you were armed? 610 00:25:54,988 --> 00:25:56,555 I had a gun. 611 00:25:56,598 --> 00:25:58,557 And it wasn't loaded. 612 00:26:00,036 --> 00:26:01,995 Plus, I-I was wearing gloves. 613 00:26:02,038 --> 00:26:04,911 [stammers] You ever try to hold a gun 614 00:26:04,954 --> 00:26:05,868 while you're wearing ski gloves? 615 00:26:05,912 --> 00:26:07,217 BENNY: Wait a second. 616 00:26:07,261 --> 00:26:09,611 Go back to the part where the gun wasn't loaded. 617 00:26:09,655 --> 00:26:11,874 What about it? There was no reason toload it. 618 00:26:11,918 --> 00:26:14,007 I wasn't planning on shooting it. 619 00:26:14,050 --> 00:26:15,486 And why was that? 620 00:26:15,530 --> 00:26:18,054 Because I wasn't planning on killing Kirk. 621 00:26:18,098 --> 00:26:19,926 He was my friend. 622 00:26:21,492 --> 00:26:24,060 Well, if you didn't plan on using the gun 623 00:26:24,104 --> 00:26:26,236 and Kirk was your friend, 624 00:26:26,280 --> 00:26:28,630 what was your plan?I was planning 625 00:26:28,674 --> 00:26:29,762 on paying some bills. 626 00:26:29,805 --> 00:26:32,242 I was planning on being a good brother. 627 00:26:32,286 --> 00:26:34,941 George started talking about wanting to go 628 00:26:34,984 --> 00:26:37,334 to cooking school after he graduated. 629 00:26:39,554 --> 00:26:41,034 And I met this guy at the mall. 630 00:26:41,077 --> 00:26:43,558 He worked at the Sunglass Hut. 631 00:26:43,602 --> 00:26:47,301 He ended up getting a job at the check cashing place. 632 00:26:47,344 --> 00:26:50,304 And he wanted to buy a motorcycle, this guy. 633 00:26:50,347 --> 00:26:52,654 [stammers] 634 00:26:52,698 --> 00:26:55,701 We thought we were so freakin' brilliant. 635 00:26:55,744 --> 00:26:56,789 Wait a second. I'm... 636 00:26:56,832 --> 00:26:58,051 I'm confused. 637 00:26:58,094 --> 00:27:00,836 So, your friend, how did he die? 638 00:27:00,880 --> 00:27:03,099 We knew that they had cameras. 639 00:27:03,143 --> 00:27:05,841 We knew we had to put on a show. 640 00:27:05,885 --> 00:27:08,278 I came in there, waved the gun around, 641 00:27:08,322 --> 00:27:12,021 I tied him up, put a gag in his mouth. 642 00:27:12,065 --> 00:27:14,981 And then I don't know what happened. 643 00:27:15,024 --> 00:27:17,418 By the time I was done, 644 00:27:17,461 --> 00:27:20,508 you know, they to-- they told me they think he panicked. 645 00:27:20,551 --> 00:27:24,643 He threw up, choked on his own vomit. 646 00:27:27,036 --> 00:27:29,430 Tell me about George. 647 00:27:29,473 --> 00:27:31,171 You tell me about George. 648 00:27:31,214 --> 00:27:33,739 Did he have any idea what was going on? 649 00:27:33,782 --> 00:27:35,088 Not a clue. He was just... 650 00:27:35,131 --> 00:27:36,698 He was my ride. That's all. 651 00:27:36,742 --> 00:27:39,048 Period. 652 00:27:39,092 --> 00:27:40,702 You want to make this right? 653 00:27:40,746 --> 00:27:43,052 What do you mean? How? 654 00:27:43,096 --> 00:27:45,054 Testify on his behalf. 655 00:27:45,098 --> 00:27:46,229 I'd love to. 656 00:27:46,273 --> 00:27:47,970 But who's gonna believe me? 657 00:27:48,014 --> 00:27:48,971 [chuckles] 658 00:27:49,015 --> 00:27:50,538 You let us worry about that. 659 00:27:50,581 --> 00:27:51,887 [gavel bangs] 660 00:27:53,019 --> 00:27:55,195 Your brother said to say hello.Rick? 661 00:27:55,238 --> 00:27:58,241 H-How is he? Is he okay? 662 00:27:58,285 --> 00:28:00,809 As okay as you can be in prison. 663 00:28:00,853 --> 00:28:02,158 He feels terrible 664 00:28:02,202 --> 00:28:04,073 about everything that's happening to you. 665 00:28:04,117 --> 00:28:05,684 He wants to help. 666 00:28:07,642 --> 00:28:09,078 So... 667 00:28:09,122 --> 00:28:11,254 the court officer just informed me 668 00:28:11,298 --> 00:28:13,866 that the judge wants to have a meeting in his chambers. 669 00:28:13,909 --> 00:28:14,867 [sighs] 670 00:28:14,910 --> 00:28:16,303 PELUSO: Yes, 671 00:28:16,346 --> 00:28:18,348 I am asking to call a surprise witness. 672 00:28:18,392 --> 00:28:20,481 But it's as much a surprise to me as it is to you, Your Honor. 673 00:28:20,524 --> 00:28:22,701 We just put this piece of the puzzle together yesterday. 674 00:28:22,744 --> 00:28:25,007 BENNY: Your Honor, what may or may not have happened 675 00:28:25,051 --> 00:28:28,010 three years after the crime that my client is on trial for 676 00:28:28,054 --> 00:28:29,577 is completely irrelevant. 677 00:28:29,620 --> 00:28:31,971 I disagree. It is the very definition of relevance. 678 00:28:32,014 --> 00:28:33,494 It's a subsequent bad act. 679 00:28:33,537 --> 00:28:36,192 Your client used his stolen identity to commit larceny 680 00:28:36,236 --> 00:28:38,020 in the state of New Hampshire. 681 00:28:38,064 --> 00:28:40,980 He bought $10,000 worth of electronics at a Best Buy 682 00:28:41,023 --> 00:28:42,546 with a fraudulently acquired credit card 683 00:28:42,590 --> 00:28:43,722 and never paid it off. 684 00:28:43,765 --> 00:28:45,985 Well, maybe he did, maybe he didn't. 685 00:28:46,028 --> 00:28:48,204 Let's not forget none of this has been proven. But, 686 00:28:48,248 --> 00:28:50,859 as Mr. Colón pointed out, how would credit card theft 687 00:28:50,903 --> 00:28:53,035 illuminate for the jury whether or not Mr. Brown 688 00:28:53,079 --> 00:28:54,384 was party to a murder? 689 00:28:54,428 --> 00:28:56,735 Well, for one, it might very well suggest 690 00:28:56,778 --> 00:28:59,955 a pattern of lawlessness that the jury could find compelling 691 00:28:59,999 --> 00:29:01,957 as they try to wrestle with the key question here, 692 00:29:02,001 --> 00:29:05,091 which is, how much did Mr. Brown actually know 693 00:29:05,134 --> 00:29:06,614 about what he was doing that night? 694 00:29:06,657 --> 00:29:09,095 Really, Your Honor? The possibility that my client 695 00:29:09,138 --> 00:29:12,011 may have bought a TV and DVD player and never paid for it 696 00:29:12,054 --> 00:29:15,144 somehow makes him a more plausible coconspirator 697 00:29:15,188 --> 00:29:16,102 to murder? 698 00:29:16,145 --> 00:29:17,668 Are you lecturing me, sir? 699 00:29:17,712 --> 00:29:19,409 [sarcastically]: Of course not, Your Honor. 700 00:29:21,455 --> 00:29:23,065 I'm going to allow the witness. 701 00:29:23,109 --> 00:29:25,111 But I'm calling 702 00:29:25,154 --> 00:29:27,200 a recess for today to allow both sides 703 00:29:27,243 --> 00:29:30,116 to prepare.PELUSO: Thank you for allowing the witness. 704 00:29:30,159 --> 00:29:31,900 And thank you for the time to prepare.BENNY: Yes. 705 00:29:31,944 --> 00:29:34,685 Thank you for the time to prepare. 706 00:29:34,729 --> 00:29:36,905 You're all very welcome. 707 00:29:43,694 --> 00:29:45,696 [sighs] Even if we do put his brother on the stand, 708 00:29:45,740 --> 00:29:48,395 he's right. Who's gonna believe him? 709 00:29:48,438 --> 00:29:50,179 BENNY: It's a tough story to buy into. 710 00:29:50,223 --> 00:29:51,790 "My friend and I planned 711 00:29:51,833 --> 00:29:52,834 "this robbery together. 712 00:29:52,878 --> 00:29:54,140 "He just happened to die. And, oh, 713 00:29:54,183 --> 00:29:56,751 "uh, by the way, my brother had no idea 714 00:29:56,795 --> 00:29:59,058 what we were up to"?Not to pour salt in the wound, 715 00:29:59,101 --> 00:30:01,974 but the two green jurors that we still have, they're soft. 716 00:30:02,017 --> 00:30:04,628 Based on my focus group work, 717 00:30:04,672 --> 00:30:06,630 it's not gonna take much to turn them red. 718 00:30:06,674 --> 00:30:07,718 [knocking] 719 00:30:07,762 --> 00:30:08,850 I don't want to hear it! 720 00:30:08,894 --> 00:30:11,026 I've had enough bad news for one day. 721 00:30:11,070 --> 00:30:13,855 Too damn bad. I'm coming in. 722 00:30:13,899 --> 00:30:16,249 Wow, look at all the happy faces. 723 00:30:16,292 --> 00:30:18,077 [Bull sighs] 724 00:30:18,120 --> 00:30:19,992 You come up with something to refute the charges 725 00:30:20,035 --> 00:30:21,689 that George committed credit card fraud? 726 00:30:21,732 --> 00:30:23,082 Although, for the life of me, 727 00:30:23,125 --> 00:30:25,301 I still don't see what that has to do with this. 728 00:30:25,345 --> 00:30:26,912 Cable's working on it. 729 00:30:26,955 --> 00:30:28,783 I've been watching the closed circuit security tapes 730 00:30:28,827 --> 00:30:31,351 of the robbery that came over with the prosecution's 731 00:30:31,394 --> 00:30:33,701 latest batch of discovery materials. 732 00:30:33,744 --> 00:30:35,703 Can I show you guys something? 733 00:30:35,746 --> 00:30:37,270 There's no sound. 734 00:30:37,313 --> 00:30:41,100 Just picture. So you got to watch carefully. 735 00:30:41,143 --> 00:30:44,277 Okay, see what George's brother does after everything is done? 736 00:30:44,320 --> 00:30:45,887 He's got the money. 737 00:30:45,931 --> 00:30:47,933 Now, based on the time stamp, we know that, 738 00:30:47,976 --> 00:30:49,499 by this time, the alarm is going off. 739 00:30:49,543 --> 00:30:51,458 So he's got to be concerned that the cops are on their way. 740 00:30:51,501 --> 00:30:52,894 Watch him. 741 00:30:52,938 --> 00:30:56,419 He starts to head out, and then he comes back. 742 00:30:56,463 --> 00:30:58,857 BENNY: Looks like he's saying something. 743 00:30:58,900 --> 00:31:00,815 He's realizing something's wrong. 744 00:31:01,860 --> 00:31:03,818 DANNY: See? 745 00:31:03,862 --> 00:31:05,211 BULL: He's realizing 746 00:31:05,254 --> 00:31:06,908 his friend is dead. 747 00:31:06,952 --> 00:31:09,128 DANNY: When's the last time you heard about a robber 748 00:31:09,171 --> 00:31:11,652 stopping mid-getaway to check his victim's pulse? 749 00:31:11,695 --> 00:31:13,915 BENNY: So you think if we show this to a jury 750 00:31:13,959 --> 00:31:15,830 after we put Rick on the stand, they'll believe 751 00:31:15,874 --> 00:31:17,963 that Kirk's death was accidental? 752 00:31:18,006 --> 00:31:19,268 CABLE: Yes! 753 00:31:20,313 --> 00:31:22,837 I think George has an alibi. 754 00:31:22,881 --> 00:31:24,447 Well, what do you mean? 755 00:31:24,491 --> 00:31:26,101 Okay, on the day of the purchase, 756 00:31:26,145 --> 00:31:27,711 he was nowhere near New Hampshire. 757 00:31:27,755 --> 00:31:30,889 He was working as a dishwasher in a restaurant he now owns. 758 00:31:30,932 --> 00:31:32,891 I just finished reaching out to his old boss, the man 759 00:31:32,934 --> 00:31:34,022 he bought the restaurant from. 760 00:31:34,066 --> 00:31:35,894 He has time cards and eyewitnesses. 761 00:31:35,937 --> 00:31:37,852 There is no way he could have done it. 762 00:31:37,896 --> 00:31:39,898 What do you think? 763 00:31:39,941 --> 00:31:41,377 It's good. 764 00:31:41,421 --> 00:31:44,380 I just wish it was a little more. 765 00:31:44,424 --> 00:31:46,948 And I wish with all my heart it proved he had no idea 766 00:31:46,992 --> 00:31:49,211 what his brother and best friend were up to that night. 767 00:31:49,255 --> 00:31:52,388 Well, actually, there is a little bit more. 768 00:31:52,432 --> 00:31:53,955 I tracked down the Best Buy receipts 769 00:31:53,999 --> 00:31:55,957 and located all the serial numbers and identifiers 770 00:31:56,001 --> 00:31:57,654 associated with the purchased items, 771 00:31:57,698 --> 00:31:59,482 which were actually laptops, by the way. 772 00:31:59,526 --> 00:32:01,658 Then I did a search for those. 773 00:32:01,702 --> 00:32:03,138 And after all this time, I actually found one 774 00:32:03,182 --> 00:32:04,226 on an archived 775 00:32:04,270 --> 00:32:05,967 online auction site. 776 00:32:06,011 --> 00:32:07,534 I did a little hacking 777 00:32:07,577 --> 00:32:10,537 and tracked down the seller's IP address. 778 00:32:10,580 --> 00:32:11,581 And it turns out 779 00:32:11,625 --> 00:32:14,933 it belongs to an Emory Cochburn, 780 00:32:14,976 --> 00:32:18,719 who, by the way, is in prison for insurance fraud. 781 00:32:18,762 --> 00:32:20,982 Which means...?DANNY: Which means 782 00:32:21,026 --> 00:32:23,942 whoever sold the stolen Social Security number to George 783 00:32:23,985 --> 00:32:26,422 sold it at least one more time. 784 00:32:26,466 --> 00:32:27,858 Looks that way. 785 00:32:27,902 --> 00:32:28,990 Nice work, Cable. 786 00:32:29,034 --> 00:32:30,861 I just wish 787 00:32:30,905 --> 00:32:31,950 it cleared George of the crime 788 00:32:31,993 --> 00:32:34,300 we were hired to defend him from. 789 00:32:34,343 --> 00:32:36,041 George Brown stole the Social Security number 790 00:32:36,084 --> 00:32:37,564 of the deceased, Jim Grayson, 791 00:32:37,607 --> 00:32:39,348 to establish a new identity. 792 00:32:39,392 --> 00:32:40,959 He then opened a credit card 793 00:32:41,002 --> 00:32:43,091 at a Best Buy in Manchester, New Hampshire, 794 00:32:43,135 --> 00:32:46,442 and used that card to purchase $10,000 worth of electronics 795 00:32:46,486 --> 00:32:48,183 that he had no intention of ever paying for. 796 00:32:48,227 --> 00:32:51,230 PELUSO: Thank you, Officer Lyden. 797 00:32:56,365 --> 00:32:58,411 Officer Lyden, thank you. 798 00:32:58,454 --> 00:33:00,152 Thank you for taking the time and coming 799 00:33:00,195 --> 00:33:02,067 to talk to us today.My pleasure. 800 00:33:02,110 --> 00:33:03,590 Let me ask you something. 801 00:33:03,633 --> 00:33:06,462 Do you have any actual proof 802 00:33:06,506 --> 00:33:12,120 that the man sitting before you here today is the same man 803 00:33:12,164 --> 00:33:13,992 who fraudulently applied for a credit card 804 00:33:14,035 --> 00:33:15,950 and bought these electronics? 805 00:33:15,994 --> 00:33:20,041 Of course. It's the same name, same Social Security number. 806 00:33:20,085 --> 00:33:22,000 What else do you need? 807 00:33:22,043 --> 00:33:24,002 And what if I told you that this Jim Grayson, 808 00:33:24,045 --> 00:33:27,701 also known as George Brown, was in Glen Rock, New Jersey, 809 00:33:27,744 --> 00:33:29,877 hundreds of miles away at the time of the purchase, 810 00:33:29,920 --> 00:33:31,531 and that someone else had bought 811 00:33:31,574 --> 00:33:34,055 the same stolen Social Security number 812 00:33:34,099 --> 00:33:36,971 and committed the theft that you are attributing to my client? 813 00:33:37,015 --> 00:33:39,582 Well, I would say that sounds like a pretty convenient story. 814 00:33:42,803 --> 00:33:45,980 Your Honor, we'd like to offer proof 815 00:33:46,024 --> 00:33:48,330 of my client's alibi 816 00:33:48,374 --> 00:33:51,377 in the form of time cards 817 00:33:51,420 --> 00:33:53,814 and eyewitness accounts 818 00:33:53,857 --> 00:33:56,034 from Mr. Brown's place of employment 819 00:33:56,077 --> 00:33:57,600 at the date in question. 820 00:33:57,644 --> 00:34:00,908 MARISSA: It may not be the slam dunk we need-- not yet-- 821 00:34:00,951 --> 00:34:02,605 but these jurors are starting to warm up. 822 00:34:02,649 --> 00:34:04,085 I can feel it. 823 00:34:04,129 --> 00:34:05,739 The jury hasn't heard enough to acquit, 824 00:34:05,782 --> 00:34:07,088 or even force a mistrial, 825 00:34:07,132 --> 00:34:08,698 but they're listening to us again. 826 00:34:08,742 --> 00:34:10,265 They think we have something to say, 827 00:34:10,309 --> 00:34:12,006 and I'll take that any time. 828 00:34:12,050 --> 00:34:16,054 Tell Cable thanks for all the hard work. 829 00:34:22,147 --> 00:34:23,496 I just kept thinking about what you told us 830 00:34:23,539 --> 00:34:24,888 the older brother said. 831 00:34:24,932 --> 00:34:26,325 That this whole thing was really an inside job. 832 00:34:26,368 --> 00:34:28,153 That no one was supposed to lose their lives. 833 00:34:28,196 --> 00:34:29,850 That these guys knew each other. 834 00:34:29,893 --> 00:34:33,506 And then I kept thinking about what yousaid. 835 00:34:33,549 --> 00:34:36,596 That Rick can testify to it, but who's gonna believe him? 836 00:34:36,639 --> 00:34:37,771 How do you prove it? 837 00:34:37,814 --> 00:34:39,294 Yeah? So? 838 00:34:39,338 --> 00:34:41,992 So I woke up and watched the tape again. 839 00:34:42,036 --> 00:34:44,430 I mean, the idea of it actually woke me up. 840 00:34:44,473 --> 00:34:49,130 Only this time, I watched it with that in mind. 841 00:34:49,174 --> 00:34:51,828 And I think I found something. 842 00:34:53,700 --> 00:34:55,658 See that? 843 00:34:55,702 --> 00:34:58,270 See what? 844 00:34:58,313 --> 00:35:01,186 Kirk, the friend, he puts his hands up 845 00:35:01,229 --> 00:35:03,536 before Rick pulls out his gun. 846 00:35:05,842 --> 00:35:09,107 You want proof it was an inside job, there it is. 847 00:35:09,150 --> 00:35:11,631 You want to prove that they knew each other, 848 00:35:11,674 --> 00:35:13,459 there it is. 849 00:35:13,502 --> 00:35:16,157 You want to prove that no one was supposed to die that night? 850 00:35:16,201 --> 00:35:18,116 Picture's worth a thousand words. 851 00:35:18,159 --> 00:35:20,596 If we can prove it's an inside job with the cooperation 852 00:35:20,640 --> 00:35:22,163 of an employee of the store, 853 00:35:22,207 --> 00:35:23,599 technically, there's no armed robbery, 854 00:35:23,643 --> 00:35:26,689 which negates the felony murder charge, which means... 855 00:35:26,733 --> 00:35:29,170 George is actually innocent. 856 00:35:29,214 --> 00:35:31,346 [sighs] 857 00:35:35,263 --> 00:35:37,047 Well, what'd you get? 858 00:35:37,091 --> 00:35:38,527 The mother lode, pretty much. 859 00:35:38,571 --> 00:35:40,050 Although I think I did promise 860 00:35:40,094 --> 00:35:42,401 to marry the guy who got them for me.Excellent. 861 00:35:42,444 --> 00:35:44,011 Who doesn't love a good wedding? 862 00:35:44,054 --> 00:35:45,404 So you're looking at call logs 863 00:35:45,447 --> 00:35:46,753 between Kirk's pager and Rick's phone, 864 00:35:46,796 --> 00:35:48,755 Rick's pager and Kirk's phone, 865 00:35:48,798 --> 00:35:51,323 and calls between both men's phones starting in late 1999. 866 00:35:51,366 --> 00:35:54,500 Then it jumps to ten exchanges per day 867 00:35:54,543 --> 00:35:57,807 during the week of the robbery. 868 00:35:57,851 --> 00:35:59,548 Ah. Great. 869 00:35:59,592 --> 00:36:01,681 Um, go home, get some sleep. 870 00:36:03,596 --> 00:36:05,380 What is your relationship to the defendant? 871 00:36:05,424 --> 00:36:09,602 He's my younger brother. 872 00:36:09,645 --> 00:36:10,994 And what was your relationship 873 00:36:11,038 --> 00:36:12,866 to the clerk who died in the robbery-- 874 00:36:12,909 --> 00:36:14,389 Kirk Getty? 875 00:36:14,433 --> 00:36:18,915 [sighs] I worked in the mall as a custodian. 876 00:36:18,959 --> 00:36:20,743 Kirk sold sunglasses. 877 00:36:20,787 --> 00:36:22,441 We met one night. 878 00:36:22,484 --> 00:36:25,008 We hit it off. 879 00:36:25,052 --> 00:36:27,272 We realized, uh, we had a lot in common. 880 00:36:27,315 --> 00:36:28,708 So, 881 00:36:28,751 --> 00:36:31,450 I mean, at what point did the two of you decide 882 00:36:31,493 --> 00:36:32,451 to stage a robbery together? 883 00:36:32,494 --> 00:36:34,366 Objection. Leading. 884 00:36:34,409 --> 00:36:35,628 [gallery murmuring] 885 00:36:35,671 --> 00:36:37,238 My apologies, Your Honor. 886 00:36:37,282 --> 00:36:39,197 Let me word it a different way. 887 00:36:39,240 --> 00:36:42,678 Uh... uh, whose idea was it 888 00:36:42,722 --> 00:36:45,246 to rob a check cashing place? 889 00:36:45,290 --> 00:36:49,250 Well, it actually started out with Kirk. He... 890 00:36:49,294 --> 00:36:51,557 You know, he wanted to buy this motorcycle. 891 00:36:51,600 --> 00:36:55,343 Uh, but truthfully, within 90 seconds, 892 00:36:55,387 --> 00:36:56,823 we were planning it together. 893 00:36:56,866 --> 00:36:59,652 Because he worked there, he knew all the important stuff, 894 00:36:59,695 --> 00:37:02,307 like combination to the safe 895 00:37:02,350 --> 00:37:04,744 and what day and time to show up 896 00:37:04,787 --> 00:37:08,138 when there would be the most cash there. 897 00:37:08,182 --> 00:37:11,446 It really seemed like it was gonna be easy. 898 00:37:11,490 --> 00:37:12,839 And-and what about your brother, George Brown? 899 00:37:12,882 --> 00:37:14,232 Was he in on the planning? 900 00:37:14,275 --> 00:37:17,583 No. George would never do something like that. 901 00:37:17,626 --> 00:37:20,412 All he was doing that night was picking me up from work. 902 00:37:20,455 --> 00:37:23,415 He didn't know why I wanted 903 00:37:23,458 --> 00:37:25,286 to stop by the check cashing place. 904 00:37:25,330 --> 00:37:27,593 All he wanted was to get home. 905 00:37:27,636 --> 00:37:29,508 So you never planned on killing anyone? 906 00:37:29,551 --> 00:37:32,075 Of course not. There were no bullets in the gun. 907 00:37:32,119 --> 00:37:33,512 It was all 908 00:37:33,555 --> 00:37:35,340 for the security camera. 909 00:37:35,383 --> 00:37:38,647 With that in mind, we'd like to enter into evidence 910 00:37:38,691 --> 00:37:41,346 the security camera footage from that night, 911 00:37:41,389 --> 00:37:44,349 with a particular emphasis on the time code numbers 912 00:37:44,392 --> 00:37:47,613 indicated on the paperwork. 913 00:37:47,656 --> 00:37:51,660 You can clearly see the victim with his hands up, 914 00:37:51,704 --> 00:37:55,316 even before the witness exposes his weapon. 915 00:37:55,360 --> 00:37:57,013 A clear indication that he knew exactly 916 00:37:57,057 --> 00:37:58,754 what was going to happen that night. 917 00:38:00,147 --> 00:38:02,105 As well as another time code, 918 00:38:02,149 --> 00:38:04,325 which clearly shows the witness delaying his exit 919 00:38:04,369 --> 00:38:06,109 out of the store, 920 00:38:06,153 --> 00:38:08,503 so he could check on the condition of his friend 921 00:38:08,547 --> 00:38:12,464 once he realized that he was in some form of distress. 922 00:38:12,507 --> 00:38:16,642 Additionally, we'd like to enter into evidence phone records 923 00:38:16,685 --> 00:38:20,776 that clearly indicate the prior relationship 924 00:38:20,820 --> 00:38:22,778 between the witness and the victim. 925 00:38:22,822 --> 00:38:23,866 [gallery murmuring] 926 00:38:23,910 --> 00:38:25,303 [gavel bangs] 927 00:38:25,346 --> 00:38:26,782 JUDGE: Order in the court, please. 928 00:38:26,826 --> 00:38:31,004 Let's quiet down. Let's quiet down. 929 00:38:31,047 --> 00:38:33,311 No further questions for this witness, Your Honor. 930 00:38:34,964 --> 00:38:38,098 Marissa, we just hit them with all the firepower we've got. 931 00:38:38,141 --> 00:38:39,534 Tell me it made a difference. 932 00:38:39,578 --> 00:38:41,928 You want the good news or the bad news? 933 00:38:41,971 --> 00:38:43,538 All your generative jurors finally woke up 934 00:38:43,582 --> 00:38:45,235 and have gone green. 935 00:38:45,279 --> 00:38:47,368 Bad news is, there's only six of them. 936 00:38:47,412 --> 00:38:50,153 The other six aren't quite there yet. 937 00:38:50,197 --> 00:38:52,373 Mr. Peluso, your witness. 938 00:38:52,417 --> 00:38:56,377 Uh, in light of all this new information, 939 00:38:56,421 --> 00:38:58,379 if it pleases the Court, I was hoping 940 00:38:58,423 --> 00:39:00,555 I could request a brief recess? 941 00:39:00,599 --> 00:39:03,689 This court will take a 20-minute recess. 942 00:39:04,733 --> 00:39:06,735 What do you think that means? 943 00:39:06,779 --> 00:39:09,042 I don't know. Maybe he's a smoker. 944 00:39:09,085 --> 00:39:10,435 Maybe he's got a small bladder. 945 00:39:13,438 --> 00:39:15,353 Maybe he wants to borrow some money. 946 00:39:15,396 --> 00:39:17,267 I'll be right back. 947 00:39:21,141 --> 00:39:23,361 It's a great system, isn't it? 948 00:39:23,404 --> 00:39:27,190 You go into it thinking, "I know what's going on here. 949 00:39:27,234 --> 00:39:28,583 "I know what's right. 950 00:39:28,627 --> 00:39:30,759 I know where this is gonna end up." 951 00:39:30,803 --> 00:39:32,544 And then... 952 00:39:32,587 --> 00:39:34,459 It's just a great system. 953 00:39:34,502 --> 00:39:38,071 I think it's, like, seven-five, or five-seven. 954 00:39:38,114 --> 00:39:39,638 Or maybe it's split down the middle. 955 00:39:39,681 --> 00:39:42,467 What do you think?I think he's an innocent man. 956 00:39:42,510 --> 00:39:45,948 I think you know it. I think they feel it. 957 00:39:45,992 --> 00:39:48,516 Thing is, you're not gonna get 'em all, and neither am I, 958 00:39:48,560 --> 00:39:50,344 which means you're staring at a mistrial, 959 00:39:50,388 --> 00:39:52,651 which means you steal another year 960 00:39:52,694 --> 00:39:55,305 of this guy's life while he sits in jail 961 00:39:55,349 --> 00:39:56,916 waiting for his second day in court. 962 00:39:56,959 --> 00:39:59,484 And his kids keep growing, and his wife keeps wondering 963 00:39:59,527 --> 00:40:01,442 why she suddenly became a single parent. 964 00:40:01,486 --> 00:40:03,705 And he's forced to close his business 965 00:40:03,749 --> 00:40:05,315 and let his employees go. 966 00:40:05,359 --> 00:40:09,711 And like I said when we first met, what's the point? 967 00:40:09,755 --> 00:40:11,409 He's not a criminal. 968 00:40:11,452 --> 00:40:12,932 He never was. 969 00:40:12,975 --> 00:40:16,283 You really want me to go in there and ask for a dismissal? 970 00:40:16,326 --> 00:40:18,372 I have people I have to answer to. 971 00:40:18,416 --> 00:40:20,548 This is not an easy conversation to have. 972 00:40:20,592 --> 00:40:22,594 Yeah, but the conversation you want to have 973 00:40:22,637 --> 00:40:26,380 isn't happening today, so why not get this one over with? 974 00:40:26,424 --> 00:40:29,078 In fact, why don't you call 'em right now? 975 00:40:29,122 --> 00:40:32,299 Mr. Assistant District Attorney, you're not a stupid man. 976 00:40:32,342 --> 00:40:34,693 You know you're not getting a conviction against George Brown. 977 00:40:34,736 --> 00:40:36,521 Not today, not ever. 978 00:40:36,564 --> 00:40:39,567 And that's with me and my team having about a week to prepare. 979 00:40:39,611 --> 00:40:43,615 You put my client through another year of this hell, 980 00:40:43,658 --> 00:40:47,183 and I promise you I will spend every day of that year 981 00:40:47,227 --> 00:40:49,490 getting ready for the new trial. 982 00:40:49,534 --> 00:40:53,015 And when we meet again, you won't know what hit you. 983 00:40:53,059 --> 00:40:57,498 Now I'm gonna go back inside while you make up your mind. 984 00:40:57,542 --> 00:40:59,631 Surprise me. 985 00:41:08,161 --> 00:41:10,032 Your Honor? 986 00:41:12,034 --> 00:41:13,906 It's a great system, isn't it? 987 00:41:15,560 --> 00:41:18,606 You go into a trial thinking, "I know what's going on here. 988 00:41:18,650 --> 00:41:19,738 "I know what's right. 989 00:41:19,781 --> 00:41:21,696 I know where this is gonna end up." 990 00:41:21,740 --> 00:41:23,568 And then the system humbles you. 991 00:41:23,611 --> 00:41:26,527 You realize you hadn't considered all the facts, 992 00:41:26,571 --> 00:41:28,660 that your thinking may have been flawed. 993 00:41:28,703 --> 00:41:32,620 And that incarcerating someone who almost certainly had no idea 994 00:41:32,664 --> 00:41:35,057 what was going on in a building 35 feet away 995 00:41:35,101 --> 00:41:37,233 while he sat in a car makes no sense. 996 00:41:37,277 --> 00:41:39,540 I believe that's the case here. 997 00:41:39,584 --> 00:41:41,673 And with that in mind, the district attorney's office 998 00:41:41,716 --> 00:41:43,544 would like to enter a motion 999 00:41:43,588 --> 00:41:45,938 to dismiss all charges against George Brown. 1000 00:41:45,981 --> 00:41:47,461 [gavel bangs twice] 1001 00:41:47,505 --> 00:41:49,594 JUDGE: This court will accept the prosecution's motion. 1002 00:41:49,637 --> 00:41:51,160 The defendant is free to go. 1003 00:41:51,204 --> 00:41:53,511 And we thank the jury for its service. 1004 00:41:59,168 --> 00:42:01,170 Thank you. 1005 00:42:09,483 --> 00:42:12,268 I know we've never met before. 1006 00:42:14,314 --> 00:42:17,273 But my name is George. 1007 00:42:17,317 --> 00:42:19,319 My last name is Brown. 1008 00:42:21,539 --> 00:42:23,976 And you'd make me the happiest man in the world 1009 00:42:24,019 --> 00:42:27,588 if you'd marry me and make that your last name, too. 1010 00:42:37,642 --> 00:42:39,818 You know, I think those two have a future 1011 00:42:39,861 --> 00:42:41,820 together. 1012 00:42:41,863 --> 00:42:43,822 Wait a second. 1013 00:42:43,865 --> 00:42:47,129 Are those tears? You crying, you big old softie? 1014 00:42:47,173 --> 00:42:49,218 Excuse me. I believe you're mistaken. 1015 00:42:49,262 --> 00:42:51,525 These are not tears. 1016 00:42:51,569 --> 00:42:53,701 Wasn't it Tom Hanks who famously said, 1017 00:42:53,745 --> 00:42:56,312 "There's no tears in trial science"? 1018 00:42:56,356 --> 00:42:58,793 No. I believe he was talking about chocolates. 1019 00:42:58,837 --> 00:43:01,448 No reference to trial science.Whatever. 1020 00:43:11,110 --> 00:43:13,112 Captioning sponsored by CBS 1021 00:43:15,114 --> 00:43:17,116 Captioned by Media Access Group at WGBH access.wgbh.org