Law & Order: Trial by Jury (2005) s01e07 Episode Script
Bang & Blame
[Man Narrating.]
In the criminal justice system all defendants are innocent until proven guilty, either by confession, plea bargain or trial byjury.
This is one of those trials.
[Whimpering.]
Please, help me! [Siren Blaring.]
Kozak! What are we looking at here? We responded to a panic button.
Three shots fired.
Lunch hour on a payday.
Best guess, there are at least 30 live bodies in there.
Okay.
Let's go! Come on.
Team 1, break right.
Team 2, hang back.
Go! Go! Go! Go! [Man On Radio.]
The area is clear.
I see three hit.
No sign of the shooter.
What took so damn long? She needs help now.
Stay down! Sir, do you work here? I'm the manager.
- How many shooters were there? - One.
- Which way did he exit? - He didn't.
I did it.
I shot them.
I think she's dead.
The bank has a prescribed procedure, a plan I was supposed to follow, but I froze.
I did nothing while he fired.
I saw those people fall.
I'll never forget that.
Was Mr.
Soin holding the gun when you first saw him? I heard a shot.
I just ran.
It was as if something had grabbed me by the arm and hurled me to the floor.
I was lying there.
I saw him.
He shot another person.
I thought- It was the wrong thing to think, but I thought, thank God he's not shooting at me again.
That's it.
Didn't care for dessert? Meringue doesn't travel.
Well, they just brought him in.
This guy, Andrew Soin.
He works at the bank? Clerk.
Four years.
You want to sit in on the interrogation? Yeah, sure.
It seems I've lost my appetite.
Well, we have 30 eyewitnesses to the shooting, plus the videotape.
It's open-and-shut.
Don't jinx it.
Docket number 394405, People v.
Andrew Soin.
Charge is murder in the second degree and assault with intent to murder.
- Can I say something? - Sure.
" Guilty" or " not guilty.
' ' This is an injustice.
I called the police switchboard and I told them I had a gun.
From my home I called them.
Mr.
Guzman, does your client need a psychological evaluation? I don't believe so, Your Honor.
I'm not crazy.
I'm t-telling you what happened.
I called, and they hung up on me.
I waited for an hour.
No one came.
Keep this up, you're not making bail.
I'm not guilty.
Then I'm glad that's settled.
[Gaffney.]
The People request remand.
May it please the court, Mr.
Soin doesn't present a flight risk.
Save it.
Due to the gravity of these charges and the strength of the evidence, the defendant is remanded to the Department of Correction without bail and on a short date.
- Next.
- I'll look into the phone call.
Docket number 394505, People v.
Nathaniel Spivak.
Charge is menacing in the second degree.
[Judge.]
Mr.
Spivak, how do you plead? Looking good, counselor.
Sleep.
It's a perk of private practice.
You planning to run with this alleged phone call? If you got it, flaunt it.
She still using that one? All the time.
Trying to make me feel dated? Did it work? You wish.
Lfhis attorney has any sense, there'll be a message waiting on my voice mail when I get back to my office.
I wouldn't offer a plea even if there was interest.
Man gets up from his desk, opens fire in front of five video cameras.
Why would you want to make a deal on a case you can win so easily at trial? I hear Guzman has this one.
How's he doing? You can still take his word to the bank.
Word has it that all he has is this supposed phone call.
It is the only thing that could muddy the waters.
But if Soin really did call for help, wouldn't there be a recording of the conversation? Only 911 records incoming calls.
The police switchboards don't, and that's who he's claimed to have called.
Well, don't let this become a game of operator.
Verify that they never received Soin's call and put him away.
Are they gonna turn over the phone records so we can prove I made the call? That'll be part of the discovery process.
What does that mean? There are certain things the prosecution is required to hand over before trial.
- We should have it in a few weeks.
- That's a long time, isn't it? Andrew, I think it's in your best interest to let me- Could we keep this formal? Excuse me? I call you Mr.
Guzman.
Fine.
Mr.
Soin.
Is the operator going to testify? If need be, we can get a subpoena.
How do we do that? Mr.
Soin, please.
Why don't you let me worry about the logistics.
We can draw up a motion and file it with the clerk's office.
Now, about a plea.
The D.
A.
' s gonna want to milk this.
It's a clear win for them.
But-We're not finished here.
You seem to have your whole case worked out.
I'm not gonna set up a negotiation if you won't consider a plea.
I will consider it.
So you were answering calls on the afternoon of February the fourth? I'd have to check my card.
Your sergeant already did.
I need to ask you about Andrew Soin.
He shot up the Midtown Savings Bank, killed a woman.
Yeah.
Name sounded familiar.
Well, he claims that he called this switchboard, said he had a gun, needed some help, and the operator hung up on him.
I think I'd remember a call like that.
Look, you gotta understand that this switchboard, it hardly ever rings.
And when it does, it's usually personal calls for the guys on duty.
If a call like that came through, you can bet I wouldn't hang up on it.
It's not the slam dunk Branch was hoping for.
The operator? Far from compelling.
Says he never got the call.
You don't believe him? [Chuckles.]
He broke into a sweat.
Sure looked like a guilty conscience to me.
The victim's husband's waiting in the conference room.
Hey, put a rush on Soin's phone records.
We need confirmation that call never happened.
And tell Salazar and Ravell to dig into Soin.
Let's find out what made him walk into work that day and open fire.
I keep asking myself why, but the truth is, I really don't care what made the guy do what he did.
I just want him to pay.
She didn't deserve this.
I wanted to try to have the funeral as soon as possible.
I only have a few days' leave.
It would be helpful if her family could be here for as much of the trial as- There is no family.
I'm it.
How long were you and Dana married? Just over a year.
We went to City Hall a month before I shipped out.
I'm in Fallujah, and Dana gets shot trying to cash a check in downtown Manhattan.
Do you mind? I only get five minutes.
People say you're the one to talk to about Soin.
You guys buddies? Soin didn't have buddies.
Word is you two took smoke breaks together.
I felt bad for the guy.
He was going through a lot.
Such as? Ugly divorce.
I've been there myself, but I didn't use my office as target practice.
His wife dumped him for some doctor she met when their son wrecked the family car.
- When'd this happen? - Three, four years ago.
Three, four years ago? That's a long time.
Why'd he snap now? Since last month he's been acting kinda weird, even for him.
Did he tell you why? He didn't talk about it.
Not to me anyways.
Anyone he did talk to? That's the beauty of group.
People feel free to unburden themselves.
You help them with their pain.
We try to help each other.
Well, now we need your help.
Andrew Soin's caused a lot of suffering.
I'm not at liberty to say if a Mr.
Soin is even in this group.
Look, what gets said in this room stays in this room.
It's the only way it works.
Yeah, it works so well that someone's dead.
I'm sorry.
Help yourself.
Soin must be quite a guy.
Shoots three people full of holes, everyone's got his back.
So, you were in group with him? Why call it "group" if it's always about him? He ever mention his divorce? Are you kidding? So he blamed his ex for his problems.
The man could teach a master class in the blame game.
Rent checks were getting lost in the mail.
Doctors were double billing him.
- Everything was someone else's fault.
- So he came here to unload.
He came here 'cause he was terrified.
He'd just gotten mugged.
- When was this? - About a month ago.
He said that he reported it to the cops, but nothing came of it.
Even went and bought himself a gun.
He didn't just buy it, he used it.
His final session he was so depressed, he said he felt like he was gonna explode.
What do you mean by "his final session"? His insurance didn't cover therapy.
Couldn't afford to keep coming.
Soin's phone records.
He did call the police for help.
The operator lied.
- A lot went wrong for the guy.
- Don't tell me you feel sorry for him.
Don't shrug it off.
Tell me.
Are you saying a run of bad luck justifies a shooting spree? I'm just thinking like a jury will.
You honestly think a jury could be sympathetic? If Guzman focuses on Soin's character, yes.
The guy never took a sick day.
He just got passed over for a promotion by someone fresh out of college.
He's a hard worker.
No criminal record.
Ajury of his peers might relate to him.
It's not a stretch.
At the very least, it could affect sentencing.
That's why I'm offering him a plea.
How do I hang up on a call I never got? I'm gonna give you a minute to think about it.
- What's this? - Soin's phone records from February 4.
There's a 52-second call from Soin's apartment to your switchboard.
Look, I can't lose my job, all right? I'm diabetic.
Without medical, I'm dead.
So, you did talk to Soin.
He talked, I listened.
Mm-hmm.
They're gonna fire me when they hear about this.
We put you under oath, you lie- that's perjury.
Jail time.
Oh, God, no.
Did Soin tell you he had a gun? I told him I was unauthorized, I hadn't been trained to take a call like that, that I was gonna connect him to 911.
Now, we might have got disconnected, but I did not hang up on him.
I swear it.
Man one.
Oh, Miguel, come on.
Murder two, concurrent sentences on the non-fatal victims.
It's a shot at some distant parole.
Are you following this? Yes.
Yeah.
We should consider it.
I want man two.
I want a beach house in the Hamptons.
Mr.
Soin, I've tried to make you understand, if this went to trial- - That's exactly where it is going.
- I can't promise we'll do as well with a jury.
I know.
That's why you're fired.
- What? - Unbelievable.
Mr.
Soin, it's a decent offer.
I think I know how this should be done.
Clearly, you don't.
I've decided to represent myself.
A man who has no concept of the law attempting to defend himself.
It's his right, Arthur.
Ringmaster at a three-ring circus, in your courtroom.
Barring he clucks like a chicken at his competency exam, my hands are tied.
A man who serves as his own lawyer has a fool for a client.
And every man has a constitutional right to be a fool.
- Did you invite me to lunch just to complain? - You'd deny me such a simple pleasure? You worry too much.
I think I can control my courtroom.
Mr.
Soin, I've reviewed your psychiatric evaluation and find you competent to stand trial.
Okay.
If you're permitted to represent yourself, you'll have to fully comply with the rules of evidence, criminal procedure and the orders of this court, even if you disagree with them.
- Yes, Your Honor.
- Please stand when addressing the bench.
You cannot make speeches or try to testify.
And when questioning witnesses, you will remain courteous at all times.
Is that understood? Yes.
It will be more difficult for you to get access to research, evidence and witnesses due to the restrictions under which you are presently housed.
I'm aware of that, but I know what happened better than anybody else.
For the record, I think it's unwise for any defendant to proceed without counsel, especially in a case with this degree of significance.
That said, I'm satisfied that you understand what you're doing by waiving your right to counsel and I'm allowing you to proceed pro se.
Can I talk now? Thank you for giving me a chance here.
I really believe- Mr.
Soin, I think you should probably save your opening for trial.
Right.
Okay.
And I'd like to file a request for visitation rights.
Visitation of whom? My son, Joey.
He's out at the Furndale Clinic, and I usually go there every Thursday.
I'd like to keep doing that.
I'm afraid your situation has changed dramatically.
Request denied.
What's he saying I did now? You divorced Mr.
Soin four years ago.
Acrimony still run that deep? You married? No.
Choose wisely.
What does he want, more money? Actually, I'm not representing your ex-husband.
I'm with the D.
A.
' s office.
So, where'd you go on vacation? Costa Rica.
Rain forest.
What is this about? You haven't spoken to Mr.
Soin since you've been out of town? I haven't spoken to him in years.
The closest we get are the accusatory messages he leaves on my voice mail.
What is this about? Mr.
Soin's been arrested for murder.
Oh, my God.
Who did he- He shot and killed a woman at his bank.
About these messages he's been leaving you, what are they- No.
No.
I don't think I can talk to you anymore.
I'm sorry.
What did the ex-wife have to say? Not too much.
So I pulled everything I could on Soin.
He's not the type to make headlines.
Most of it's on his son's accident.
Drunk driving? It happened on the way home from the city.
The kid was celebrating his 18th birthday.
He's been in a coma ever since.
This is getting operatic.
The Soins filed a civil suit against the bar where their kid got loaded.
Let me guess.
They lost.
Mmm.
His ex met her new husband, the boy's doctor.
She ditches Soin- All of which he'll try to bring in at trial.
Valid reasons why a person might snap.
Oh, please! We've all got laundry lists of reasons to snap.
Come on, Tracey.
Soin's at a breaking point.
He keeps asking for help, and no one listens.
He shot a two-inch hole through Dana Burge's sternum.
She's dead.
He pulled the trigger.
End of story.
But why did he subpoena me? You were a paramedic at the scene.
He might want someone impartial to walk the jury through the aftermath.
I just got off the phone with legal services at Rikers.
Soin's been requesting medical books from the library.
So? So, he's doing his homework.
We know the subject is medicine.
What we don't know is why.
When you guys first entered the bank, where was Soin? On the floor with the victim, complaining about response time.
And after the panic button was hit, how long was it before you entered the building? Twelve minutes.
Response time was seven minutes.
We had to wait another five for the cops to secure the scene.
- If you had gotten there sooner- - How? Fly? If you had gotten to Dana Burge sooner, is it possible she could have lived? We did our job.
It's possible.
You got a minute? - Everybody's guilty except the guy who did the crime.
- Maybe not.
Remember why Soin said he needed space on the therapy couch? Yeah, he got mugged.
And made a big deal about how the cops dropped the ball.
Well, I checked it out.
There's no record of him ever reporting a mugging.
- He lied.
- Why would he lie about that? I don't know.
Okay, if we're gonna use this, we've gotta cover our asses.
Check everything - the E.
R.
' s, the local clinics, people who saw him at the time.
Everything.
Okay.
[Ringing.]
Kibre.
[Operator.]
Collect call from- [Soin.]
Andrew Soin.
Will you accept the charges? I will.
Burning the midnight oil? What can I do for you, Mr.
Soin? I could use your order of witnesses.
I'm under no obligation to give you that information.
Just trying to get a fair trial here.
Seems like everyone's going out of their way to make that impossible.
Ms.
Kibre? You still there? I'm still here.
Good.
For a minute there I thought you had hung up on me too.
When people do that, bad things tend to happen.
Is that it? For now.
[Kibre.]
All of which will prove, beyond a reasonable doubt, that the man sitting before you is guilty of murder in the second degree.
Approach.
That means you too, Mr.
Soin.
Mr.
Soin, we discussed this.
You're permitted to wear your street clothes during trial.
I want the jury to see me as I am.
They can hear him in the stalls, Your Honor.
Mr.
Soin, let's get one thing clear- my courtroom is no place for games.
However, I cannot force you to change out of your prison garb.
- Your Honor, I'm gonna have to- - Please proceed.
One thing Ms.
Kibre got right- I'm just a man.
[Chuckles.]
I work in a bank.
The only time I ever stepped into this building was when I hadjury duty, like you guys.
The reason I'm here now is because I can't trust anyone to care as much about this case as I do.
They're gonna tell you what I did, but they won't tell you why.
And I'm sure that they have expert witnesses and visual aids.
I know that they have law degrees.
[Judge Ross.]
Mr.
Soin.
Do I have to remind you of the rules we agreed on? Sorry.
The best that I can do- in fact, the only thing I can do- is to tell you my side of things as honestly as I can.
I know that theirjob is to make you believe I'm a bad guy.
But if you hear me out, I think you'll find I'm just like you.
[Kibre.]
Mr.
Reddy, were you shot by the defendant, Mr.
Soin? In the arm.
He shattered my humerus.
I'd like to show what's been previously marked as People's 37.
- You may publish it.
- Objection.
You'll have to tell me the basis of the objection before I can rule on it.
The images on that tape- they're deeply disturbing.
- I don't think the jury needs to see them.
- Overruled.
- Can't she just describe what happened? - Mr.
Soin, sit down.
- Why were you in the bank? - To get some dollar coins.
My daughter's first tooth fell out, so it was going to be from the Tooth Fairy.
When did you first see Mr.
Soin? When he entered the lobby.
I thought he was going to lunch.
Then what happened? Well, I saw he had a gun, and hejust began to fire.
Was Mr.
Soin panicked or distraught? No.
His face was a blank.
He- He looked completely at peace.
- That's all for this witness.
- Mr.
Soin.
Mr.
Reddy, I know it doesn't sound like much coming from the man who shot you, but at this moment it's all I have to give.
- I'm so deeply sorry.
- Objection! This isn't a confessional.
Mr.
Soin, do you have an actual question for this witness? I've put Mr.
Reddy and all the other people that I hurt through enough already.
No, I don't have any questions.
It sucks, putting your life on hold.
Yeah, tell me about it.
I've got an 86-year-old mother at home.
She probably burned the house down by now.
At least we got an interesting case.
Think so? Buddy of mine spent two weeks on a civil jury listening to people argue about a root canal gone bad.
I'd take boring over this if we'd be home sooner.
At least, if the guy had himself a lawyer, they wouldn't waste so much time on all- Hey, guys.
Is, uh, he coming back? You guys weren't, uh, talking about the case, were ya? What are you, the jury nazi? Anybody want coffee? I'm buying.
No, thanks.
Makes me jumpy.
Well, you did really well up there on the stand.
Well, that was easy.
I already knew the questions Ms.
Kibre'd be asking.
It's the next part - I mean, what's Soin gonna wanna know that I haven't already said? I buried Dana next to her parents.
Mr.
Burge- Do I know you? You killed my wife.
No, no.
Look, I promise you - You could have sent someone to stop him.
If you'd just talked to him a few minutes longer, just kept him on the line.
I blame you.
It's okay.
Certain jurors may have been inadvertently exposed to out-of-court statements which could affect their ability to remain impartial.
What has led you to this belief? They witnessed an altercation between a witness and the victim's husband.
We believe this requires an immediate inquiry.
Did you see anything in the hallway as you returned to thejury room? Yeah.
I think it was the victim's husband.
He was talking to the operator, Mr.
Mudgett.
Did hearing that conversation impact your ability to remain fair and impartial? Um, no.
I can honestly say that it didn't.
[Sighs.]
If it did, could I get to go home? Did it cause you to form an opinion for or against one party or the other? It didn't change it.
So you're admitting that you've already formed an opinion? They're making it impossible not to.
I mean, come on.
He's up there alone against people who do this for a living.
In my instructions to the jury, I explained that Mr.
Soin made the choice to represent himself.
And he's doing a pretty good job of it too.
He's kicking those girls' asses.
[Judge Ross.]
As you can see, juror number nine has been replaced by an alternate.
You are not to speculate as to the reason why.
Mr.
Soin, you may begin your cross-examination.
What experience do you have on the switchboard? Three years.
I'm there on account of my medical condition.
I guess I have to be more specific.
Did you ever go through any official training, sit in on any calls before you answered them yourself? No.
How long is your shift? I just work lunch.
That's just an hour.
What do you do the rest of the time? Fix things.
Burnt-out lightbulb.
Sometimes a toilet in the holding cell backs up or a desk drawer gets stuck.
Pretty much whatever the guys need.
When you were first asked if I called the police switchboard, you lied, didn't you? Yes.
The D.
A.
Ever investigate you? No.
Prosecute you? No.
You lied to the authorities, you obstructed justice.
Objection.
Badgering.
I'd like to request a motion to dismiss for prosecutorial misconduct.
- Your Honor! - Chambers.
Mudgett's testimony was given in exchange for not being punished.
There was no offer in this case.
There was an agreement.
It wasn't disclosed.
That's a- a Brady violation.
Someone's been studying.
Unless your office intends to open an investigation into Mr.
Mudgett, he has an argument.
- Your Honor! - The defendant's motion to dismiss is denied.
However, I will instruct the jury that they may consider the possibility that the operator's testimony was induced by a promise not to prosecute.
Thank you.
Are you and Mr.
Soin friendly? We work together.
We get along, sure.
Have you ever been to his apartment? Once.
Did you go there from the bank? Yeah.
- How long did it take you to get there? - Ten minutes maybe.
Ten minutes.
You're sure of that? Yeah.
No further questions.
How did the police know to come to the bank? Objection.
Calls for speculation.
Sustained.
- Did someone hit a panic button? - Yes.
How many buttons do we have? Three.
Where are they? Nora Phelps has one at her counter, but she was out sick.
Who has the second button? I do.
- Did you trigger it? - No, I didn't.
Where's the third button? At your desk, Andrew.
I'd like to cue up the bank videotape.
That's the bank lobby.
That's me, standing at my desk, before the shooting started? Yeah.
So who hit the panic button? - You did.
- Objection! Sustained.
Damn it.
Did you see thejury? They're buying what he's selling.
So we'll redirect.
No, it's too late.
We dropped the ball.
The jury's not listening to the facts.
They're listening to the guy who's avoiding them.
And right now he's a hell of a lot more compelling than we are.
- Is it safe? - That depends.
You got something to cheer me up? Your victim doesn't have a bank account at Midtown Savings in her name.
Well, that can't be right.
Dana Burge cashed her paycheck there every other Friday.
Dana Burge didn't.
Dana Landin did.
I ran the social.
She uses her maiden name still.
- How did I miss that? - Miss what? Dana Landin is the bartender who served Joey Soin the night of his accident.
The shooting wasn't random? Soin knew the victim? It was vengeance.
The jury's gonna listen to that.
Where was your son on the night of his accident? In the city, celebrating his 18th birthday.
Where? At a bar.
- Why is this even relevant? - Mr.
Soin! Sit down! Did he ever come home that night? You know he didn't.
You and your ex-husband, the defendant, filed a civil suit against the bar and lost, didn't you? Yes.
Did Mr.
Soin say that he blamed the bar for your son's accident? They served a child half a bottle of tequila.
- Can't you see she's upsetting her? - Let's move it along.
Did Mr.
Soin know the victim, Dana Landin Burge? - Objection.
- Overruled.
Dana Burge was the bartender who served your son on the night of the accident, wasn't she? - You don't have to answer that! - Mrs.
Webber? Yes.
Yes, she was.
Thank you.
No further questions.
When did our marriage end? When we realized our son was never coming home.
This isn't helping.
After the accident, I started taking medication, didn't I? Yes.
It was for depression, wasn't it? - Objection.
Foundation.
- Sustained.
We'd just lost our son.
I told you I was depressed, didn't I? Objection.
Hearsay.
Sustained.
Your Honor, may we approach? Your Honor, if Mr.
Soin wants to testify, I suggest he do it from the stand.
- Do you have anything further for this witness? - No.
Thank you, Your Honor.
You may step back.
Mrs.
Webber, you may be excused.
The prosecution rests.
Mr.
Soin? Then I'd like to call myself, Andrew Soin, to the witness stand.
Mr.
Soin, can you tell us what happened on August 7, 1982? Yeah.
My son Joey was born.
Mr.
Soin, I think a simple narrative will work just fine.
Oh.
Okay.
He was an only child.
[Chuckles.]
We really wanted a boy.
[Chuckles.]
Well, we got one.
Being a father changed everything.
- Objection.
Relevance? - You know, it goes to my state of mind.
I'll allow it.
On the day of the accident, Joey was at football practice.
Starting fullback.
[Sighs.]
Afterwards I took him out, and I, uh - [Chuckles.]
I bought him a wakeboard for his birthday to use at the lake.
Your Honor.
Mr.
Soin is facing a murder charge, not stumping for Father of the Year.
Mr.
Soin, you have to limit yourself to the facts of this case.
Joey is this case.
Mr.
Soin! You want to know what he did today? He had his catheter changed and got dialysis, which he gets twice a week.
Mr.
Soin, if you don't stop, I'll have to hold you in contempt.
And do what? Throw me in jail? What can you take from me that hasn't already been taken? - Guard.
- Please.
Look at this.
This is my son.
This is who he was.
- Your Honor! Objection! - [Judge Ross.]
Mr.
Soin! This is Joey now.
Objection! [Judge Ross.]
Get him out ofhere.
That's my son.
For God's sakes.
All right, all right.
[Judge Patel.]
Are you going somewhere? Exorcizing my demons.
There's a good chance the jury won't see through Soin's act.
If you plan on making a go of the bench, may I suggest looking for the silver lining? Justice is about to take a detour.
Where's the silver in that? Oh, the appellate courts don't review not-guilty's, so you won't get spanked.
For what? Ah, no, no.
Don't make me the bad guy.
Why break a habit? Seriously, Your Honor, what would you have done differently? Huh? I would have forced the issue of stand-by counsel, found someone who could control Soin.
I followed the letter of the law.
We're not talking procedure.
We're talking practicality, not to mention self-interest.
You can't deny it's an issue.
Of course I'm denying it.
And I would not have let the case get bogged down with the investigation of the operator.
That was a necessity.
L- That was a distraction.
Please, you're catering to an amateur.
How are we feeling? Cooperative, I hope.
Yes, Your Honor.
Ms.
Kibre? Mr.
Soin, you called the police switchboard for help.
Why not 911? I asked for help.
I don't know why it matters who I called.
Well, you didn't dial 911 because you knew that they could find you and stop you, and you didn't want to be stopped, did you? Of course I did.
Well, then why didn't you go to the precinct and turn yourself in? You didn't do that, did you? You went to the bank.
And the first thing I did was press the panic button.
Only after you saw Dana Burge enter the bank.
Yeah.
She came in every other Friday.
And every time she came in, it all came back- the call from the police aboutJoey's accident, the drive to the hospital- It's why I called for help.
I couldn't take it anymore.
So you alerted the police to a crime that you knew would be over by the time they arrived? - It's not my fault that they took so long.
- Oh.
Right.
The police dropped the ball once before, didn't they? - Objection.
Relevance? - Goes to credibility.
I'll allow it.
I was mugged.
They were useless.
Which precinct did you report that to? - Who was the officer who took your statement? - I don't remember his name.
You don't remember his name because you didn't report it because the mugging never happened, did it? [Chuckling.]
I filed the report.
If the police lost it, it is their fault.
Well, nothing's ever your fault.
She can't say that, can she? No, she can't.
The jury's instructed to disregard Ms.
Kibre's remark.
You called the switchboard for help, and they hung up? Yes.
And you waited in your apartment one hour for someone to come? - That's right.
- Okay.
If you called the switchboard at 12:36 and waited one hour, how did you get to the bank by 12:58? - O-Objection.
- What is the basis of your objection? No.
The time on the videotape must be wrong.
- Overruled.
- Mr.
Soin.
The operator transferred you to 911, and you hung up, didn't you? [Chuckles.]
That's not how it happened.
You walked into the bank, you pressed the panic button and started shooting, knowing that the police wouldn't be able to get there in time.
You faked a mugging to justify getting a gun permit.
No.
Isn't it true that you blamed Dana Burge for your son's accident, and now you're blaming everybody else for the murder you committed? She took my son away from me, and she went back to her normal life.
No more questions.
I'm- He'll ne- never know a normal life again.
You're dismissed, Mr.
Soin.
He was my son.
He was my responsibility.
Let the record reflect all parties have had the opportunity to read the note I received from the jury foreman, Sharaud Williams.
Mr.
Williams, this meeting is highly unorthodox.
It could compromise the sanctity of the jury room, not to mention the verdict.
I'm just asking you to hear me out.
If it has to do with deliberations, I can't.
Then we've got a problem, 'cause the group's having a hard time limiting ourselves to the facts.
As I instructed the jury before, that's the only thing to consider.
Stick to the evidence.
Don't be swayed by your emotions for one side or the other.
With all due respect, what you're asking for's just not gonna happen.
He's got no lawyer.
That was his choice and not an issue for you to consider.
He called for help.
His son is- I can't talk about deliberations.
Everybody has an obligation here - Ms.
Kibre had to prove her case beyond a reasonable doubt, Mr.
Soin had to defend himself, and I had to keep it all in line.
But now you have an obligation to decide where justice is in this case.
No one else can do that.
- That's all you can give me.
- I think that's enough.
[Gate Lock Buzzing.]
I wasn't sure you'd come.
You called.
I was curious.
- Jury's taking an awfully long time.
- Could mean many things.
- Like it's going my way.
- You're half right.
Man two.
Five to seven years for killing Dana Burge, not to mention the other two people you shot? - It's not gonna happen.
- You won't look bad.
The guy on the street doesn't know the difference between murder two and man two.
- I do.
- Okay.
But if you walk out of here without a deal, and that jury comes back in my favor, you only got yourself to blame.
I'm sensing a theme.
Please be seated.
[Judge Ross.]
Mr.
Soin, would you please stand and face thejury? Has the jury reached a verdict? We have, Your Honor.
On the charge of murder in the second degree, how do you find? We find the defendant guilty.
On the charge of assault in the first degree, how do you find? We find the defendant guilty.
Thank you.
Uh, excuse me.
Can you give this to Mr.
Soin for me, please? Soin got his revenge.
And a guilty verdict.
Neither of which will bring back his son.
Tragedy begets tragedy.
You won't find this one in Euripides.
He filed for bankruptcy a week before the shootings.
No wonder he pushed so hard for man two.
He'd have got five to seven and walked with a clean slate.
Now he's looking at 25 to life.
For that, I'll gladly take the blame.
[Elevator Bell Dings.]
[Howling.]
In the criminal justice system all defendants are innocent until proven guilty, either by confession, plea bargain or trial byjury.
This is one of those trials.
[Whimpering.]
Please, help me! [Siren Blaring.]
Kozak! What are we looking at here? We responded to a panic button.
Three shots fired.
Lunch hour on a payday.
Best guess, there are at least 30 live bodies in there.
Okay.
Let's go! Come on.
Team 1, break right.
Team 2, hang back.
Go! Go! Go! Go! [Man On Radio.]
The area is clear.
I see three hit.
No sign of the shooter.
What took so damn long? She needs help now.
Stay down! Sir, do you work here? I'm the manager.
- How many shooters were there? - One.
- Which way did he exit? - He didn't.
I did it.
I shot them.
I think she's dead.
The bank has a prescribed procedure, a plan I was supposed to follow, but I froze.
I did nothing while he fired.
I saw those people fall.
I'll never forget that.
Was Mr.
Soin holding the gun when you first saw him? I heard a shot.
I just ran.
It was as if something had grabbed me by the arm and hurled me to the floor.
I was lying there.
I saw him.
He shot another person.
I thought- It was the wrong thing to think, but I thought, thank God he's not shooting at me again.
That's it.
Didn't care for dessert? Meringue doesn't travel.
Well, they just brought him in.
This guy, Andrew Soin.
He works at the bank? Clerk.
Four years.
You want to sit in on the interrogation? Yeah, sure.
It seems I've lost my appetite.
Well, we have 30 eyewitnesses to the shooting, plus the videotape.
It's open-and-shut.
Don't jinx it.
Docket number 394405, People v.
Andrew Soin.
Charge is murder in the second degree and assault with intent to murder.
- Can I say something? - Sure.
" Guilty" or " not guilty.
' ' This is an injustice.
I called the police switchboard and I told them I had a gun.
From my home I called them.
Mr.
Guzman, does your client need a psychological evaluation? I don't believe so, Your Honor.
I'm not crazy.
I'm t-telling you what happened.
I called, and they hung up on me.
I waited for an hour.
No one came.
Keep this up, you're not making bail.
I'm not guilty.
Then I'm glad that's settled.
[Gaffney.]
The People request remand.
May it please the court, Mr.
Soin doesn't present a flight risk.
Save it.
Due to the gravity of these charges and the strength of the evidence, the defendant is remanded to the Department of Correction without bail and on a short date.
- Next.
- I'll look into the phone call.
Docket number 394505, People v.
Nathaniel Spivak.
Charge is menacing in the second degree.
[Judge.]
Mr.
Spivak, how do you plead? Looking good, counselor.
Sleep.
It's a perk of private practice.
You planning to run with this alleged phone call? If you got it, flaunt it.
She still using that one? All the time.
Trying to make me feel dated? Did it work? You wish.
Lfhis attorney has any sense, there'll be a message waiting on my voice mail when I get back to my office.
I wouldn't offer a plea even if there was interest.
Man gets up from his desk, opens fire in front of five video cameras.
Why would you want to make a deal on a case you can win so easily at trial? I hear Guzman has this one.
How's he doing? You can still take his word to the bank.
Word has it that all he has is this supposed phone call.
It is the only thing that could muddy the waters.
But if Soin really did call for help, wouldn't there be a recording of the conversation? Only 911 records incoming calls.
The police switchboards don't, and that's who he's claimed to have called.
Well, don't let this become a game of operator.
Verify that they never received Soin's call and put him away.
Are they gonna turn over the phone records so we can prove I made the call? That'll be part of the discovery process.
What does that mean? There are certain things the prosecution is required to hand over before trial.
- We should have it in a few weeks.
- That's a long time, isn't it? Andrew, I think it's in your best interest to let me- Could we keep this formal? Excuse me? I call you Mr.
Guzman.
Fine.
Mr.
Soin.
Is the operator going to testify? If need be, we can get a subpoena.
How do we do that? Mr.
Soin, please.
Why don't you let me worry about the logistics.
We can draw up a motion and file it with the clerk's office.
Now, about a plea.
The D.
A.
' s gonna want to milk this.
It's a clear win for them.
But-We're not finished here.
You seem to have your whole case worked out.
I'm not gonna set up a negotiation if you won't consider a plea.
I will consider it.
So you were answering calls on the afternoon of February the fourth? I'd have to check my card.
Your sergeant already did.
I need to ask you about Andrew Soin.
He shot up the Midtown Savings Bank, killed a woman.
Yeah.
Name sounded familiar.
Well, he claims that he called this switchboard, said he had a gun, needed some help, and the operator hung up on him.
I think I'd remember a call like that.
Look, you gotta understand that this switchboard, it hardly ever rings.
And when it does, it's usually personal calls for the guys on duty.
If a call like that came through, you can bet I wouldn't hang up on it.
It's not the slam dunk Branch was hoping for.
The operator? Far from compelling.
Says he never got the call.
You don't believe him? [Chuckles.]
He broke into a sweat.
Sure looked like a guilty conscience to me.
The victim's husband's waiting in the conference room.
Hey, put a rush on Soin's phone records.
We need confirmation that call never happened.
And tell Salazar and Ravell to dig into Soin.
Let's find out what made him walk into work that day and open fire.
I keep asking myself why, but the truth is, I really don't care what made the guy do what he did.
I just want him to pay.
She didn't deserve this.
I wanted to try to have the funeral as soon as possible.
I only have a few days' leave.
It would be helpful if her family could be here for as much of the trial as- There is no family.
I'm it.
How long were you and Dana married? Just over a year.
We went to City Hall a month before I shipped out.
I'm in Fallujah, and Dana gets shot trying to cash a check in downtown Manhattan.
Do you mind? I only get five minutes.
People say you're the one to talk to about Soin.
You guys buddies? Soin didn't have buddies.
Word is you two took smoke breaks together.
I felt bad for the guy.
He was going through a lot.
Such as? Ugly divorce.
I've been there myself, but I didn't use my office as target practice.
His wife dumped him for some doctor she met when their son wrecked the family car.
- When'd this happen? - Three, four years ago.
Three, four years ago? That's a long time.
Why'd he snap now? Since last month he's been acting kinda weird, even for him.
Did he tell you why? He didn't talk about it.
Not to me anyways.
Anyone he did talk to? That's the beauty of group.
People feel free to unburden themselves.
You help them with their pain.
We try to help each other.
Well, now we need your help.
Andrew Soin's caused a lot of suffering.
I'm not at liberty to say if a Mr.
Soin is even in this group.
Look, what gets said in this room stays in this room.
It's the only way it works.
Yeah, it works so well that someone's dead.
I'm sorry.
Help yourself.
Soin must be quite a guy.
Shoots three people full of holes, everyone's got his back.
So, you were in group with him? Why call it "group" if it's always about him? He ever mention his divorce? Are you kidding? So he blamed his ex for his problems.
The man could teach a master class in the blame game.
Rent checks were getting lost in the mail.
Doctors were double billing him.
- Everything was someone else's fault.
- So he came here to unload.
He came here 'cause he was terrified.
He'd just gotten mugged.
- When was this? - About a month ago.
He said that he reported it to the cops, but nothing came of it.
Even went and bought himself a gun.
He didn't just buy it, he used it.
His final session he was so depressed, he said he felt like he was gonna explode.
What do you mean by "his final session"? His insurance didn't cover therapy.
Couldn't afford to keep coming.
Soin's phone records.
He did call the police for help.
The operator lied.
- A lot went wrong for the guy.
- Don't tell me you feel sorry for him.
Don't shrug it off.
Tell me.
Are you saying a run of bad luck justifies a shooting spree? I'm just thinking like a jury will.
You honestly think a jury could be sympathetic? If Guzman focuses on Soin's character, yes.
The guy never took a sick day.
He just got passed over for a promotion by someone fresh out of college.
He's a hard worker.
No criminal record.
Ajury of his peers might relate to him.
It's not a stretch.
At the very least, it could affect sentencing.
That's why I'm offering him a plea.
How do I hang up on a call I never got? I'm gonna give you a minute to think about it.
- What's this? - Soin's phone records from February 4.
There's a 52-second call from Soin's apartment to your switchboard.
Look, I can't lose my job, all right? I'm diabetic.
Without medical, I'm dead.
So, you did talk to Soin.
He talked, I listened.
Mm-hmm.
They're gonna fire me when they hear about this.
We put you under oath, you lie- that's perjury.
Jail time.
Oh, God, no.
Did Soin tell you he had a gun? I told him I was unauthorized, I hadn't been trained to take a call like that, that I was gonna connect him to 911.
Now, we might have got disconnected, but I did not hang up on him.
I swear it.
Man one.
Oh, Miguel, come on.
Murder two, concurrent sentences on the non-fatal victims.
It's a shot at some distant parole.
Are you following this? Yes.
Yeah.
We should consider it.
I want man two.
I want a beach house in the Hamptons.
Mr.
Soin, I've tried to make you understand, if this went to trial- - That's exactly where it is going.
- I can't promise we'll do as well with a jury.
I know.
That's why you're fired.
- What? - Unbelievable.
Mr.
Soin, it's a decent offer.
I think I know how this should be done.
Clearly, you don't.
I've decided to represent myself.
A man who has no concept of the law attempting to defend himself.
It's his right, Arthur.
Ringmaster at a three-ring circus, in your courtroom.
Barring he clucks like a chicken at his competency exam, my hands are tied.
A man who serves as his own lawyer has a fool for a client.
And every man has a constitutional right to be a fool.
- Did you invite me to lunch just to complain? - You'd deny me such a simple pleasure? You worry too much.
I think I can control my courtroom.
Mr.
Soin, I've reviewed your psychiatric evaluation and find you competent to stand trial.
Okay.
If you're permitted to represent yourself, you'll have to fully comply with the rules of evidence, criminal procedure and the orders of this court, even if you disagree with them.
- Yes, Your Honor.
- Please stand when addressing the bench.
You cannot make speeches or try to testify.
And when questioning witnesses, you will remain courteous at all times.
Is that understood? Yes.
It will be more difficult for you to get access to research, evidence and witnesses due to the restrictions under which you are presently housed.
I'm aware of that, but I know what happened better than anybody else.
For the record, I think it's unwise for any defendant to proceed without counsel, especially in a case with this degree of significance.
That said, I'm satisfied that you understand what you're doing by waiving your right to counsel and I'm allowing you to proceed pro se.
Can I talk now? Thank you for giving me a chance here.
I really believe- Mr.
Soin, I think you should probably save your opening for trial.
Right.
Okay.
And I'd like to file a request for visitation rights.
Visitation of whom? My son, Joey.
He's out at the Furndale Clinic, and I usually go there every Thursday.
I'd like to keep doing that.
I'm afraid your situation has changed dramatically.
Request denied.
What's he saying I did now? You divorced Mr.
Soin four years ago.
Acrimony still run that deep? You married? No.
Choose wisely.
What does he want, more money? Actually, I'm not representing your ex-husband.
I'm with the D.
A.
' s office.
So, where'd you go on vacation? Costa Rica.
Rain forest.
What is this about? You haven't spoken to Mr.
Soin since you've been out of town? I haven't spoken to him in years.
The closest we get are the accusatory messages he leaves on my voice mail.
What is this about? Mr.
Soin's been arrested for murder.
Oh, my God.
Who did he- He shot and killed a woman at his bank.
About these messages he's been leaving you, what are they- No.
No.
I don't think I can talk to you anymore.
I'm sorry.
What did the ex-wife have to say? Not too much.
So I pulled everything I could on Soin.
He's not the type to make headlines.
Most of it's on his son's accident.
Drunk driving? It happened on the way home from the city.
The kid was celebrating his 18th birthday.
He's been in a coma ever since.
This is getting operatic.
The Soins filed a civil suit against the bar where their kid got loaded.
Let me guess.
They lost.
Mmm.
His ex met her new husband, the boy's doctor.
She ditches Soin- All of which he'll try to bring in at trial.
Valid reasons why a person might snap.
Oh, please! We've all got laundry lists of reasons to snap.
Come on, Tracey.
Soin's at a breaking point.
He keeps asking for help, and no one listens.
He shot a two-inch hole through Dana Burge's sternum.
She's dead.
He pulled the trigger.
End of story.
But why did he subpoena me? You were a paramedic at the scene.
He might want someone impartial to walk the jury through the aftermath.
I just got off the phone with legal services at Rikers.
Soin's been requesting medical books from the library.
So? So, he's doing his homework.
We know the subject is medicine.
What we don't know is why.
When you guys first entered the bank, where was Soin? On the floor with the victim, complaining about response time.
And after the panic button was hit, how long was it before you entered the building? Twelve minutes.
Response time was seven minutes.
We had to wait another five for the cops to secure the scene.
- If you had gotten there sooner- - How? Fly? If you had gotten to Dana Burge sooner, is it possible she could have lived? We did our job.
It's possible.
You got a minute? - Everybody's guilty except the guy who did the crime.
- Maybe not.
Remember why Soin said he needed space on the therapy couch? Yeah, he got mugged.
And made a big deal about how the cops dropped the ball.
Well, I checked it out.
There's no record of him ever reporting a mugging.
- He lied.
- Why would he lie about that? I don't know.
Okay, if we're gonna use this, we've gotta cover our asses.
Check everything - the E.
R.
' s, the local clinics, people who saw him at the time.
Everything.
Okay.
[Ringing.]
Kibre.
[Operator.]
Collect call from- [Soin.]
Andrew Soin.
Will you accept the charges? I will.
Burning the midnight oil? What can I do for you, Mr.
Soin? I could use your order of witnesses.
I'm under no obligation to give you that information.
Just trying to get a fair trial here.
Seems like everyone's going out of their way to make that impossible.
Ms.
Kibre? You still there? I'm still here.
Good.
For a minute there I thought you had hung up on me too.
When people do that, bad things tend to happen.
Is that it? For now.
[Kibre.]
All of which will prove, beyond a reasonable doubt, that the man sitting before you is guilty of murder in the second degree.
Approach.
That means you too, Mr.
Soin.
Mr.
Soin, we discussed this.
You're permitted to wear your street clothes during trial.
I want the jury to see me as I am.
They can hear him in the stalls, Your Honor.
Mr.
Soin, let's get one thing clear- my courtroom is no place for games.
However, I cannot force you to change out of your prison garb.
- Your Honor, I'm gonna have to- - Please proceed.
One thing Ms.
Kibre got right- I'm just a man.
[Chuckles.]
I work in a bank.
The only time I ever stepped into this building was when I hadjury duty, like you guys.
The reason I'm here now is because I can't trust anyone to care as much about this case as I do.
They're gonna tell you what I did, but they won't tell you why.
And I'm sure that they have expert witnesses and visual aids.
I know that they have law degrees.
[Judge Ross.]
Mr.
Soin.
Do I have to remind you of the rules we agreed on? Sorry.
The best that I can do- in fact, the only thing I can do- is to tell you my side of things as honestly as I can.
I know that theirjob is to make you believe I'm a bad guy.
But if you hear me out, I think you'll find I'm just like you.
[Kibre.]
Mr.
Reddy, were you shot by the defendant, Mr.
Soin? In the arm.
He shattered my humerus.
I'd like to show what's been previously marked as People's 37.
- You may publish it.
- Objection.
You'll have to tell me the basis of the objection before I can rule on it.
The images on that tape- they're deeply disturbing.
- I don't think the jury needs to see them.
- Overruled.
- Can't she just describe what happened? - Mr.
Soin, sit down.
- Why were you in the bank? - To get some dollar coins.
My daughter's first tooth fell out, so it was going to be from the Tooth Fairy.
When did you first see Mr.
Soin? When he entered the lobby.
I thought he was going to lunch.
Then what happened? Well, I saw he had a gun, and hejust began to fire.
Was Mr.
Soin panicked or distraught? No.
His face was a blank.
He- He looked completely at peace.
- That's all for this witness.
- Mr.
Soin.
Mr.
Reddy, I know it doesn't sound like much coming from the man who shot you, but at this moment it's all I have to give.
- I'm so deeply sorry.
- Objection! This isn't a confessional.
Mr.
Soin, do you have an actual question for this witness? I've put Mr.
Reddy and all the other people that I hurt through enough already.
No, I don't have any questions.
It sucks, putting your life on hold.
Yeah, tell me about it.
I've got an 86-year-old mother at home.
She probably burned the house down by now.
At least we got an interesting case.
Think so? Buddy of mine spent two weeks on a civil jury listening to people argue about a root canal gone bad.
I'd take boring over this if we'd be home sooner.
At least, if the guy had himself a lawyer, they wouldn't waste so much time on all- Hey, guys.
Is, uh, he coming back? You guys weren't, uh, talking about the case, were ya? What are you, the jury nazi? Anybody want coffee? I'm buying.
No, thanks.
Makes me jumpy.
Well, you did really well up there on the stand.
Well, that was easy.
I already knew the questions Ms.
Kibre'd be asking.
It's the next part - I mean, what's Soin gonna wanna know that I haven't already said? I buried Dana next to her parents.
Mr.
Burge- Do I know you? You killed my wife.
No, no.
Look, I promise you - You could have sent someone to stop him.
If you'd just talked to him a few minutes longer, just kept him on the line.
I blame you.
It's okay.
Certain jurors may have been inadvertently exposed to out-of-court statements which could affect their ability to remain impartial.
What has led you to this belief? They witnessed an altercation between a witness and the victim's husband.
We believe this requires an immediate inquiry.
Did you see anything in the hallway as you returned to thejury room? Yeah.
I think it was the victim's husband.
He was talking to the operator, Mr.
Mudgett.
Did hearing that conversation impact your ability to remain fair and impartial? Um, no.
I can honestly say that it didn't.
[Sighs.]
If it did, could I get to go home? Did it cause you to form an opinion for or against one party or the other? It didn't change it.
So you're admitting that you've already formed an opinion? They're making it impossible not to.
I mean, come on.
He's up there alone against people who do this for a living.
In my instructions to the jury, I explained that Mr.
Soin made the choice to represent himself.
And he's doing a pretty good job of it too.
He's kicking those girls' asses.
[Judge Ross.]
As you can see, juror number nine has been replaced by an alternate.
You are not to speculate as to the reason why.
Mr.
Soin, you may begin your cross-examination.
What experience do you have on the switchboard? Three years.
I'm there on account of my medical condition.
I guess I have to be more specific.
Did you ever go through any official training, sit in on any calls before you answered them yourself? No.
How long is your shift? I just work lunch.
That's just an hour.
What do you do the rest of the time? Fix things.
Burnt-out lightbulb.
Sometimes a toilet in the holding cell backs up or a desk drawer gets stuck.
Pretty much whatever the guys need.
When you were first asked if I called the police switchboard, you lied, didn't you? Yes.
The D.
A.
Ever investigate you? No.
Prosecute you? No.
You lied to the authorities, you obstructed justice.
Objection.
Badgering.
I'd like to request a motion to dismiss for prosecutorial misconduct.
- Your Honor! - Chambers.
Mudgett's testimony was given in exchange for not being punished.
There was no offer in this case.
There was an agreement.
It wasn't disclosed.
That's a- a Brady violation.
Someone's been studying.
Unless your office intends to open an investigation into Mr.
Mudgett, he has an argument.
- Your Honor! - The defendant's motion to dismiss is denied.
However, I will instruct the jury that they may consider the possibility that the operator's testimony was induced by a promise not to prosecute.
Thank you.
Are you and Mr.
Soin friendly? We work together.
We get along, sure.
Have you ever been to his apartment? Once.
Did you go there from the bank? Yeah.
- How long did it take you to get there? - Ten minutes maybe.
Ten minutes.
You're sure of that? Yeah.
No further questions.
How did the police know to come to the bank? Objection.
Calls for speculation.
Sustained.
- Did someone hit a panic button? - Yes.
How many buttons do we have? Three.
Where are they? Nora Phelps has one at her counter, but she was out sick.
Who has the second button? I do.
- Did you trigger it? - No, I didn't.
Where's the third button? At your desk, Andrew.
I'd like to cue up the bank videotape.
That's the bank lobby.
That's me, standing at my desk, before the shooting started? Yeah.
So who hit the panic button? - You did.
- Objection! Sustained.
Damn it.
Did you see thejury? They're buying what he's selling.
So we'll redirect.
No, it's too late.
We dropped the ball.
The jury's not listening to the facts.
They're listening to the guy who's avoiding them.
And right now he's a hell of a lot more compelling than we are.
- Is it safe? - That depends.
You got something to cheer me up? Your victim doesn't have a bank account at Midtown Savings in her name.
Well, that can't be right.
Dana Burge cashed her paycheck there every other Friday.
Dana Burge didn't.
Dana Landin did.
I ran the social.
She uses her maiden name still.
- How did I miss that? - Miss what? Dana Landin is the bartender who served Joey Soin the night of his accident.
The shooting wasn't random? Soin knew the victim? It was vengeance.
The jury's gonna listen to that.
Where was your son on the night of his accident? In the city, celebrating his 18th birthday.
Where? At a bar.
- Why is this even relevant? - Mr.
Soin! Sit down! Did he ever come home that night? You know he didn't.
You and your ex-husband, the defendant, filed a civil suit against the bar and lost, didn't you? Yes.
Did Mr.
Soin say that he blamed the bar for your son's accident? They served a child half a bottle of tequila.
- Can't you see she's upsetting her? - Let's move it along.
Did Mr.
Soin know the victim, Dana Landin Burge? - Objection.
- Overruled.
Dana Burge was the bartender who served your son on the night of the accident, wasn't she? - You don't have to answer that! - Mrs.
Webber? Yes.
Yes, she was.
Thank you.
No further questions.
When did our marriage end? When we realized our son was never coming home.
This isn't helping.
After the accident, I started taking medication, didn't I? Yes.
It was for depression, wasn't it? - Objection.
Foundation.
- Sustained.
We'd just lost our son.
I told you I was depressed, didn't I? Objection.
Hearsay.
Sustained.
Your Honor, may we approach? Your Honor, if Mr.
Soin wants to testify, I suggest he do it from the stand.
- Do you have anything further for this witness? - No.
Thank you, Your Honor.
You may step back.
Mrs.
Webber, you may be excused.
The prosecution rests.
Mr.
Soin? Then I'd like to call myself, Andrew Soin, to the witness stand.
Mr.
Soin, can you tell us what happened on August 7, 1982? Yeah.
My son Joey was born.
Mr.
Soin, I think a simple narrative will work just fine.
Oh.
Okay.
He was an only child.
[Chuckles.]
We really wanted a boy.
[Chuckles.]
Well, we got one.
Being a father changed everything.
- Objection.
Relevance? - You know, it goes to my state of mind.
I'll allow it.
On the day of the accident, Joey was at football practice.
Starting fullback.
[Sighs.]
Afterwards I took him out, and I, uh - [Chuckles.]
I bought him a wakeboard for his birthday to use at the lake.
Your Honor.
Mr.
Soin is facing a murder charge, not stumping for Father of the Year.
Mr.
Soin, you have to limit yourself to the facts of this case.
Joey is this case.
Mr.
Soin! You want to know what he did today? He had his catheter changed and got dialysis, which he gets twice a week.
Mr.
Soin, if you don't stop, I'll have to hold you in contempt.
And do what? Throw me in jail? What can you take from me that hasn't already been taken? - Guard.
- Please.
Look at this.
This is my son.
This is who he was.
- Your Honor! Objection! - [Judge Ross.]
Mr.
Soin! This is Joey now.
Objection! [Judge Ross.]
Get him out ofhere.
That's my son.
For God's sakes.
All right, all right.
[Judge Patel.]
Are you going somewhere? Exorcizing my demons.
There's a good chance the jury won't see through Soin's act.
If you plan on making a go of the bench, may I suggest looking for the silver lining? Justice is about to take a detour.
Where's the silver in that? Oh, the appellate courts don't review not-guilty's, so you won't get spanked.
For what? Ah, no, no.
Don't make me the bad guy.
Why break a habit? Seriously, Your Honor, what would you have done differently? Huh? I would have forced the issue of stand-by counsel, found someone who could control Soin.
I followed the letter of the law.
We're not talking procedure.
We're talking practicality, not to mention self-interest.
You can't deny it's an issue.
Of course I'm denying it.
And I would not have let the case get bogged down with the investigation of the operator.
That was a necessity.
L- That was a distraction.
Please, you're catering to an amateur.
How are we feeling? Cooperative, I hope.
Yes, Your Honor.
Ms.
Kibre? Mr.
Soin, you called the police switchboard for help.
Why not 911? I asked for help.
I don't know why it matters who I called.
Well, you didn't dial 911 because you knew that they could find you and stop you, and you didn't want to be stopped, did you? Of course I did.
Well, then why didn't you go to the precinct and turn yourself in? You didn't do that, did you? You went to the bank.
And the first thing I did was press the panic button.
Only after you saw Dana Burge enter the bank.
Yeah.
She came in every other Friday.
And every time she came in, it all came back- the call from the police aboutJoey's accident, the drive to the hospital- It's why I called for help.
I couldn't take it anymore.
So you alerted the police to a crime that you knew would be over by the time they arrived? - It's not my fault that they took so long.
- Oh.
Right.
The police dropped the ball once before, didn't they? - Objection.
Relevance? - Goes to credibility.
I'll allow it.
I was mugged.
They were useless.
Which precinct did you report that to? - Who was the officer who took your statement? - I don't remember his name.
You don't remember his name because you didn't report it because the mugging never happened, did it? [Chuckling.]
I filed the report.
If the police lost it, it is their fault.
Well, nothing's ever your fault.
She can't say that, can she? No, she can't.
The jury's instructed to disregard Ms.
Kibre's remark.
You called the switchboard for help, and they hung up? Yes.
And you waited in your apartment one hour for someone to come? - That's right.
- Okay.
If you called the switchboard at 12:36 and waited one hour, how did you get to the bank by 12:58? - O-Objection.
- What is the basis of your objection? No.
The time on the videotape must be wrong.
- Overruled.
- Mr.
Soin.
The operator transferred you to 911, and you hung up, didn't you? [Chuckles.]
That's not how it happened.
You walked into the bank, you pressed the panic button and started shooting, knowing that the police wouldn't be able to get there in time.
You faked a mugging to justify getting a gun permit.
No.
Isn't it true that you blamed Dana Burge for your son's accident, and now you're blaming everybody else for the murder you committed? She took my son away from me, and she went back to her normal life.
No more questions.
I'm- He'll ne- never know a normal life again.
You're dismissed, Mr.
Soin.
He was my son.
He was my responsibility.
Let the record reflect all parties have had the opportunity to read the note I received from the jury foreman, Sharaud Williams.
Mr.
Williams, this meeting is highly unorthodox.
It could compromise the sanctity of the jury room, not to mention the verdict.
I'm just asking you to hear me out.
If it has to do with deliberations, I can't.
Then we've got a problem, 'cause the group's having a hard time limiting ourselves to the facts.
As I instructed the jury before, that's the only thing to consider.
Stick to the evidence.
Don't be swayed by your emotions for one side or the other.
With all due respect, what you're asking for's just not gonna happen.
He's got no lawyer.
That was his choice and not an issue for you to consider.
He called for help.
His son is- I can't talk about deliberations.
Everybody has an obligation here - Ms.
Kibre had to prove her case beyond a reasonable doubt, Mr.
Soin had to defend himself, and I had to keep it all in line.
But now you have an obligation to decide where justice is in this case.
No one else can do that.
- That's all you can give me.
- I think that's enough.
[Gate Lock Buzzing.]
I wasn't sure you'd come.
You called.
I was curious.
- Jury's taking an awfully long time.
- Could mean many things.
- Like it's going my way.
- You're half right.
Man two.
Five to seven years for killing Dana Burge, not to mention the other two people you shot? - It's not gonna happen.
- You won't look bad.
The guy on the street doesn't know the difference between murder two and man two.
- I do.
- Okay.
But if you walk out of here without a deal, and that jury comes back in my favor, you only got yourself to blame.
I'm sensing a theme.
Please be seated.
[Judge Ross.]
Mr.
Soin, would you please stand and face thejury? Has the jury reached a verdict? We have, Your Honor.
On the charge of murder in the second degree, how do you find? We find the defendant guilty.
On the charge of assault in the first degree, how do you find? We find the defendant guilty.
Thank you.
Uh, excuse me.
Can you give this to Mr.
Soin for me, please? Soin got his revenge.
And a guilty verdict.
Neither of which will bring back his son.
Tragedy begets tragedy.
You won't find this one in Euripides.
He filed for bankruptcy a week before the shootings.
No wonder he pushed so hard for man two.
He'd have got five to seven and walked with a clean slate.
Now he's looking at 25 to life.
For that, I'll gladly take the blame.
[Elevator Bell Dings.]
[Howling.]