Bull (2016) s02e21 Episode Script
Reckless
1 Rosenberg? You guys involved in this one? Yeah, well, the guy's a postal worker, right? That makes him a federal employee.
That makes this potentially a capital crime.
Well, it's not like he was delivering the mail when it happened.
When we hear that one of our federal employees and his family have been a victim of arson, rape and murder, we like to stick our nose in, see what's what.
Want to give me a tour? That's the husband and wife.
Not sure if you can tell, but she's naked.
Both tied to those chairs.
In addition to burning to death, we believe there are multiple stab wounds on both victims.
Won't be sure for a while.
Can't really handle the bodies in this state.
So, what do we know? Silver Ford Explorer missing from the driveway.
We've got an APB out across the entire state.
- He stole their car? - You think the guy's stupid enough to still be driving it? Takes all kinds of stupid to make a world.
What else we got? What's with the bike? 12-year-old daughter.
She wasn't home.
At a friend's for a sleepover.
Only silver lining.
You, silver Explorer, pull over.
Put your hands where I can see 'em! Do it now! Okay, now, I need to see your license and registration.
Your license in your pocket? Okay, you can reach for it.
No sudden moves.
Put your hands on the steering wheel.
Elliot Miles? You call this in.
The hell is this? Hey.
- Ah.
- Sorry to keep you waiting.
I saw you kissing that teenager.
You know, that's against the law in this country, and most other civilized societies around the world, for that matter.
Ah, right, right.
No, she is 34.
I know she looks younger.
Said Jerry Lee Lewis to the judge.
No, no, no.
We, uh we met at the airport over Thanksgiving.
Just got back in touch a couple weeks ago.
And for you, sir? I'll have what he's having.
So what are we doing here? Huh? What was so urgent that you had to tear me away from my life of nomadic introspection and years of sexual depravity? Well, it's, uh it's good news I think.
Just not the kind of news you discuss in the office.
Oh.
My sister she's getting remarried.
Which means you, my friend, are off the hook.
No more alimony, no more rent on that Tribeca co-op.
You are a free man.
Financially speaking.
She's been meaning to tell you for a month or so.
That's why she left you all those phone messages.
But then she chickened out.
And here I am, the bearer of whatever kind of news you think it is.
That's great.
I'm happy for her.
Really.
No, I knew you would be.
So, where'd your girlfriend go? At a wine bar, right down the street.
What are you doing here? Talking to you.
Now, get out of here.
Go see your girlfriend.
It's getting late you don't want her to miss her curfew.
Mm-hmm.
Hello? Jason? Of course.
I'll-I'll get there as quickly as I can.
Oh-ho-ho-ho! God.
Sorry.
Thanks.
There, you want that back? You don't want that back.
Thank you.
You got somebody picking you up? I can give you a ride home, if you need.
Hmm.
Well you know if you ever need anything you just give me a call.
Elliot Miles? The interpreter's on his way.
Officer's gonna walk you back for questioning.
He doesn't speak English? He doesn't speak anything.
You Jason Bull? Someone has to be.
Congratulations.
You've made bail.
Thank you for doing that.
No problem.
Criminal mischief in the fourth degree? Yeah, it sounds worse than it is.
I got in a fight with one of those vending machines that sells you bottles of water.
I gave it three dollars, and all it did was laugh at me.
So you kicked it? Kicked it till you broke it? Well, the only other bills I had were twenties, and I wasn't gonna put one of those in.
When did human beings start selling water to each other, anyway? It falls from the sky.
No one owns it.
When I was a kid, it was something you offered people.
I'm worried about you.
I'm fine.
I'm fine.
You know what? You're not.
When I met you, you were ambitious and focused and d-disciplined.
My God, I never met anyone with more discipline.
Last couple of years, though Izzy's getting remarried.
Okay.
I'm sorry.
But she wasn't getting married yesterday, or last month, - or - Well, apparently she was, 'cause everybody knew about it except me.
You're changing the subject.
You used to be a citizen of the world.
You never met a person you didn't find fascinating.
But lately you live in your head for an audience of one.
I mean, every day, I see you checking your watch to see if it's late enough to have your first drink.
And if it's not that, it's how long until lunch.
You sleep in your office.
Your clothes don't fit.
I think you are an amazing person, Jason, but I am tired of worrying about you.
Pitying you.
I want to admire you again.
You probably think I'm here to return your handkerchief.
My name's Dr.
Jason Bull, and I run a trial science company, it's a kind of law office we help people.
And it occurred to me after I left here you might need help.
I know the idea of being represented by someone you met in jail sounds unconventional, but I guarantee you I am great at what I do.
Nonetheless the government wants to execute you and I would like to make sure that doesn't happen.
But there's one thing I need to know.
Did you do it? Good answer.
Everybody know who this is? Isn't that the guy accused of raping that woman and burning her and her husband to death in Brooklyn? It is.
He's also our newest client.
His name is Elliot Miles.
Yeah, heard on the news that they're prosecuting this case as a capital crime.
Feds are looking for the death penalty.
How did Bull get roped into this one? Some hotshot attorney put the arm on him? No.
Apparently, Bull and Elliot actually know each other.
And according to this 20-page e-mail he sent me late this morning, Bull believes he's innocent.
Based on everything I'm reading, he's the only one.
Wait a second.
If he wasn't brought into this case by the kid's attorney, then who's the kid's attorney? I believe that would be the esteemed Benjamin Colón.
I'm trying a death penalty case? Certainly appears that way.
Oh Okay, well, according to the papers, the kid works in construction.
Lives in Astoria.
Got pulled over for driving a stolen SUV, which, turns out, belongs to the murdered couple.
None of this sounds good.
What does Bull know that the papers don't? According to Bull's notes, Elliot bought the car two days after the murders.
$600 cash.
He was standing at a bus stop and a guy pulled over and offered to sell it to him.
No paperwork, just money for keys.
- And Bull believes that? - According to this e-mail.
He says he sat with Elliot for two hours.
We get a description of this generous fellow who hands out three-year-old cars for $600? White male, brown hair, average height and build.
Wow.
That's what, 200 million people? Also, he was wearing a ring, a class ring.
It had a green stone.
Oh.
Well, there you go.
Now we're dealing with 50 million people.
Does he at least have an alibi? It's pretty weak.
He left the jobsite at 5:30 to run some errands for his boss.
Says he was done with those by 6:30.
Ate something and took a subway ride home to Queens.
His girlfriend says he walked through the front door a little after 8:00.
The fire was set around 7:30.
But that was in Brooklyn, a 20-minute subway ride away.
So theoretically, he could have done it.
It would have been a sprint, but he could have done it.
By the way, Bull wants to get the girlfriend in here for you to prep.
- Okay.
- Here is the address of the bus stop where Elliot bought the dead couple's SUV.
- Danny.
- Mm? Bull would like you to go down there.
See if anybody saw anything.
And Cable, see if anybody within a three-block radius has any cameras.
Anything that can help us pinpoint what time Elliot took possession of that SUV.
Not to mention, maybe giving us a picture of the guy who sold it to him.
Done and done.
And one more thing.
They haven't mentioned it in the news reports, but Elliot is mute.
Mute? As in can't talk? But Bull said he spent two hours with him? He can hear.
He writes his answers.
- And can sign.
- Sounds like he'll make a hell of a witness if we decide to put him on the stand.
Sounds like the boss is acting a tad impetuously on this one.
I'm glad you said it.
I'm sensing some dissension in the ranks.
Well, get it out of your systems today because he's gonna be in the office bright and early tomorrow morning.
Bull? Yes, Marissa? Um, you look uh, different, um Good different.
Well, I bought a new suit.
One that fits.
Slept eight hours.
In a row.
In my apartment.
And went a whole day without a drink.
Okay.
Look, yesterday morning, I-I may have said some things.
You did.
And I needed to hear them.
I don't want to be someone you worry about.
I want to be someone you admire.
But I do admire you.
I always have, I always will.
Well, I haven't always admired me.
Not lately.
But I'm determined to change that and I think a big part of that is sinking our teeth into something of consequence, something that matters.
And defending Elliot Miles is just that.
- Is the team excited? - Wha I think everyone is a little overwhelmed.
And plus, I'm not you.
I'm not sure I was able to convey your enthusiasm.
I think they really need to hear from you.
Let's talk capital murder.
Capital murder cases are unique in two special ways.
For one, the entire jury has to be âdeath-qualified.
â Death-qualified? Well, that sounds morbid.
What does it mean? It means that during voir dire, the judge won't even consider seating a juror if they haven't already assured him or her that they're willing to convict our client to death.
Uh, you said there were two differences.
Well, there are potentially two parts of this trial.
The first part is the typical criminal case, adjudicating innocence or guilt.
Then, if the client is found guilty, there's the penalty phase.
And that's the second part.
And the jury, not the judge, decides the sentence.
And there are only two choices.
Death or life in prison.
And just in case you were wondering, we get the same jury for both.
You really are a glutton for punishment, aren't you? I just think I'm pretty good at reading people.
They say this kid's a rapist.
Followed this woman home.
Did what he wanted to do with her and then, when her husband surprised them, he somehow tied them both up and set the place on fire to cover his tracks.
Okay.
If you say so.
And then he stole their car.
The guy who just torched the place so you wouldn't know it was him.
Okay.
If that's what you're selling.
The same kid offered me his handkerchief after I puked all over myself the other night.
Offered me a piece of gum.
Offered me a smile.
He didn't know who I was.
He just did it.
So I just don't see it.
Now I sense that some of you think getting involved with this is a fool's errand.
Well all right, so be it, but it's your fault for choosing to work for a fool.
There is nothing that proves Elliot is guilty.
Ladies and gentlemen, in the trial of Elliot Miles, the federal government is seeking the death penalty.
Before I can seat you, I need to know that you are capable and willing to vote for such a punishment.
Who here has a religious or moral objection to the death penalty? Keep your hands up.
These jurors are dismissed.
No matter who we're left with, we need to find jurors who are prone to reduced emotional reactivity.
People who are more likely to weigh the facts, not be clouded by the horror of the crime.
Even if the evidence says it's possible Elliot did this, they will see it's not impossible that he didn't.
Creating reasonable doubt.
Okay.
Well, how do we find these people? It's actually fairly simple.
We ask about important moments in their lives, emotionally charged moments.
People with reduced emotional reactivity will talk about births, deaths, weddings, divorces in a clinical and detached fashion.
So they're actually pretty easy to spot.
Do you mind if I ask, has anyone here recently lost a family member? Do you feel comfortable talking about your loss? - Sure.
- Okay.
- Uh, who was it that passed? - My father.
About six months ago.
Worst experience of my life.
Watching him waste away.
Uh, Your Honor, we'd like to, uh, dismiss this juror.
We want people who keep their emotions in check.
We're looking for limited gesturing, restrained facial expressions, and definitely no criers.
Describe the best day of your life.
Oh, my God.
My wedding day.
My husband was a dancing machine and a drinking machine.
And then he fell into the pool doing the Electric Slide, and then he was good for nothing.
But still, it was an amazing day.
Divorce.
The greatest day of my life.
You know that joke? Why is divorce so expensive? 'Cause it's worth it.
Oh.
I thought of a better day.
The day my ex got remarried.
Bingo.
Like winning the Lotto.
Your Honor, we'd like to dismiss this juror also.
Man's on a cuttin' frenzy.
Kind of looks that way.
Bull, I know you know this, but we're running low on strikes.
Now, is anyone else here recently divorced? Ah.
Would you mind if I asked what happened? It was He was cheating.
Sounds good.
Calm, contained.
You can't see it, but look at her jaw.
She's flexing her jaw.
Bull, no.
She's good for us.
She's one of our only women left, and women are far less likely to impose the death penalty.
But we won't have to worry about the death penalty if we find jurors who won't convict him in the first place.
Please, Bull.
If I've told you once, I've told you a hundred times, voir dire is not about jury selection, it's about jury de-selection.
And then this woman is forcing herself to be dispassionate, using every bit of restraint she has.
But it is not her natural state.
Inside she's a cauldron of rage, and I can't give her the opportunity to vent that rage on Elliot.
I'd rather take my chances on the possibility that the remaining jurors might be able to see his innocence than the virtual certainty that this woman will send our client away for life, regardless of gender.
Please, Bull.
Your Honor, we would like to strike this juror.
Ladies and gentlemen, the prosecution and the defense are out of peremptories.
The next eight jurors on the roster will fill the remaining seats.
Prospective jurors 11 through 19, welcome to the jury.
- What the hell is he doing? - I have no idea.
See you all tomorrow for opening statements.
Figured you might be here.
Oh.
Well had an early morning meeting with the prosecutor.
Meant to tell you about it, but you left in such a huff last night.
I have a cell phone.
I have e-mail.
Me, too.
Uh, I guess I was waiting for you to shoot me a text and apologize.
Nothing yet.
You know, Bull, we used to be a we used to be a team.
What are you talking about, Benny? Used to be that you'd ask me before you took a case.
Used to be that you'd ask me before you blew through all our jury strikes.
Used to be that you cared what I thought.
Okay.
What do you think? I think that you're in the middle of some kind of crisis.
I don't think that you're thinking clearly.
Getting arrested, drinking too much, taking a death penalty case 'cause a guy gave you a handkerchief.
I haven't had a drink in 33 hours.
Meeting with the prosecutor without me.
He wanted to make a deal.
You're kidding me.
Elliot pleads guilty.
They take the death penalty off the table.
He agrees to life in prison and no chance of parole.
And what did you say? What do you think I said? Well, I hope you said that you'd discuss it with our client, discuss it with your team.
I know how our client feels.
Know how your client feels.
Yeah, yeah, that's right.
That's right.
Y-You don't care what your, what your team thinks.
You don't care.
I forgot.
You know everything.
I know he's innocent.
No, you don't.
You-you-you think he's innocent.
That's not the same thing and more importantly, you don't know how to prove he's innocent.
I guess it doesn't matter, right? Because you're on some-some private, uh, crusade or quest to prove something to yourself or my sister or your father or I don't know who.
But it's-it's all well and good.
Hey, you know what? It's-it's your company.
Right? But what you keep not thinking about is that you're dragging the rest of us into it.
And we don't want to watch a man put to death and have to live with that for the rest of our lives, live with the possibility that it may be our fault, that we may have let him down, that we may have not been up to the task and damn it, Bull, you didn't even ask! Where are you going? Coffee! I'm getting coffee.
I'm sorry to keep you waiting.
I'm Dr.
Thiessen.
You can call me Amos.
Morning got a little hectic.
- You have kids? - No.
I, um, no.
So, why don't we start with you telling me a little bit about why you wanted to try therapy.
Take your time.
Okay.
Of course I'm coming down for your graduation.
I wouldn't miss it for the world.
Anna, honey, yeah, I got to go.
I got to oh, okay.
Okay.
Lily Galloway.
Hi.
Chunk Palmer.
I've been expecting you.
When they called you, they explained to you why I wanted to see you, right? Um, kind of.
And you are Elliot's girlfriend, right? We live together, yeah.
And you're comfortable with the idea of testifying for him, yes? I think so.
I mean his face is all over the Internet and the papers.
It's kind of crazy.
The neighbors are looking at me funny.
It makes me nervous.
Well, you don't have to be nervous.
Um, he is counting on you, but you are what we call Elliot's alibi witness.
And you're a huge part of this case.
We need you to help us prove that he couldn't have done this.
How do you mean? Well, the only way we have to refute the idea that he did this is your testimony that he came home a little after 8:00.
You remember saying that to the police? And you're willing to say that on the stand? I guess so.
You seem a little uncertain.
Um, no, I'm not uncertain.
It's just scary.
But you don't have to be scared.
I mean, he's your guy, right? You said you two live together.
Yeah, and we sleep together, too, but it's not like that.
How do you mean? He's in construction.
He makes good money.
I'm a waitress.
Do the math.
I mean, let's be honest.
I don't think a lot of girls are offering to sleep with him.
A girl wants a guy who will listen to her, but once in a while you want him to say something back.
So, um are we done? I have to get back to work.
Sure.
You want taxi money or subway money? I'm fine.
Um When is it you need me to do this thing? Y-You know what, we may not even call you.
The trial could go a hundred different ways, but I promise to keep in touch.
How long have you lived down the block from the Johnsons? Oh, gosh.
Since their little girl started elementary school with mine.
I guess it's been six years now.
Can you tell us what you saw that night? I was taking our dog out for a walk, same as every night.
Around 7:00.
It was dark.
And I heard this strange ring.
I wasn't sure what it was.
Then I realized it was a smoke alarm and I looked across the street at the Johnsons and there was this man coming out the front door.
And did you get a good look at him? If you saw him again, do you think you could identify him? Of course.
He's right there.
The defendant.
He was running out of the front of the house.
Confidence metrics for this woman are really high.
The jury loves her.
- I don't love her.
- Next thing I knew, he was getting in the car and driving off.
This man? Yes, this man.
Thank you.
No further questions.
Benny.
Mrs.
O'Neil, thank you so much for being with us here today.
Now, today is not the first time that you have identified my client as the man you saw making his way out of the burning house.
Isn't that correct? No.
No, of course not.
After the fire occurred, the police asked me to come down to the precinct, had me look at some photos.
They wanted to see if I recognized anyone.
And did you? Of course.
I saw his photo.
There he was.
So, how long after the fire occurred was this visit to the precinct? I think it was a week or so.
A week or so? And Mr.
Miles was arrested, what, three days after the crime? I-I really don't know.
Oh, but I'm sure like most of us, you tried to find out everything you could about it.
I mean, you lived across the street.
Two people had died.
My little girl played with Emma every day after school.
I was devastated.
We all were.
Well, then I'm sure you're aware that after he was arrested, Mr.
Miles's face was all over the news, the TV, the Internet, the newspapers, and this was three days before you identified him.
I guess that's right.
Your Honor, while we absolutely believe that the witness's testimony was well-meaning, we'd like to make a motion to suppress it.
On what grounds? Isn't it obvious? The witness's identification is suggestive; therefore, tainted and ultimately of no value.
The witness chose my client's photo because she had seen it countless times, had been told countless times on the TV, computer, in the newspapers that this was the guy.
Through no fault of her own or the government's.
It's not about fault.
It's about asking the jury to consider what actually matters.
We're talking about a man's life here.
Both sides make compelling arguments in regard to the witness's testimony; therefore, I'm going to leave it to the jury to determine how to evaluate the strength of the identification.
Your motion is denied.
No further questions, Your Honor.
Nice work.
Hey.
I was thinking about what you said.
I want to have a quick conference with Elliot.
You have a minute? I've been remiss and thankfully, Mr.
Colón has called it to my attention.
The AUSA came to me earlier this morning and offered to take the death penalty off the table.
âWhy would he do thatâ" Well, he's offering to do it in exchange for you admitting guilt and saving the government the trouble of putting on this trial.
âBut I didn't do it.
â We know.
But we needed to tell you about the offer.
We also need to tell you and Dr.
Bull, feel free to jump in if I say something you don't agree with we could use your help.
The fella who sold you the car, is there anything else you can tell us about him? Your description was pretty general.
A limp? Suddenly the guy who sold him the car has a limp? Come on.
I'm sorry, Bull.
It all sounds like a bad novel.
It does, doesn't it? You okay? Actually, I'm a mess 'cause I know he's innocent.
I know it with every fiber of my being.
I'm sorry I came down on you so hard this morning.
I'm worried about you.
We all are.
You've always been this rock, the guy who knows the answer before anyone asks the question.
It seems like you're coming apart.
Is it Izzy? Izzy getting married? No, I'm fine.
Trust me, I am fine.
Who is it? Ghost of Christmas Past.
Oh, my goodness.
I'm tempted to say âlook what the cat dragged inâ" but given your current weight, I don't think there's a cat in this town that can do the job.
It's nice to see you, too.
Oh, God, I'm awful.
Do you want to come in? You you want a drink? Yes.
God, yes.
But don't give me one.
It's nice.
You want to buy it? I'm getting married.
I heard.
I wanted to tell you.
Um, I called but you were never there, so I I figured it was a sign.
No.
It's all good.
I'm happy for you.
You don't look happy.
Happy for you; sad for me.
You're a great lady, lady.
Is that what you came over here to tell me? I don't know what I came over here to tell you.
Benny and I are representing this guy who's staring at the death penalty.
Yeah, the fire guy my brother told me.
Has a way of making you think about things.
Think about life.
About your own life.
I'm sorry.
I'm sorry it didn't work for us.
I would have really liked for it to have worked.
But I'm glad you found someone.
I wish the same for you.
Can I tell you something? Something I don't think you know about yourself? I don't think you're good alone, Jason.
I don't.
You may be onto something there.
Anyway Have a wonderful wedding and an amazing marriage and great life.
You, too.
Mr.
Wilson, did your construction crew work on a jobsite at 68-8 Peak Street, - an apartment house? - Yes, sir.
And was Elliot Miles a part of that crew? He was.
Elliot's been on every crew I've had for nearly three years.
He's a good worker and a very good roofer.
And from the roof of that building, could one possibly see the Johnson residence? I object, Your Honor.
Calls for speculation.
There's nothing speculative about it, Your Honor.
If you'd allow me to continue, that will become absolutely clear.
Objection overruled.
Your Honor, I'd like to show the jury prosecution 27.
These are photos taken from the roof of 68-8 Peak Street.
Clearly visible and circled is the victims' house.
Mr.
Wilson, doesn't it stand to reason that your employee might well have been watching Mrs.
Johnson? Learned her comings and goings, seeing when she might be vulnerable? Objection! Your Honor, again, speculation.
The witness can't testify to what my client did or didn't see.
Sustained.
The jury will disregard.
No further questions, Your Honor.
Gentlemen.
Something to chew on with your lunch.
New witness list.
Lily Galloway? Isn't that Elliot's girlfriend? Isn't she testifying for us? I sure thought so.
The meeting did not go well she was kind of all over the place.
But I get the definite impression that any romantic feelings reside strictly with Elliot.
She seems to be in it mostly for economic reasons.
So, how would you describe your relationship with the accused? I guess you could say I'm his girlfriend.
And where were you on the night of the murders? I was at our apartment in Astoria.
I got there after my shift ended at 4:00.
I wait tables in Kew Gardens.
We usually make dinner together.
And what time did Elliot get home that night? He was late.
He said he was running some errands for his boss.
Now, you originally told the police it was about 8:15, is that correct? Yes.
Uh, that's right.
But now I think I might have been mistaken.
I think it might have been 9:15.
What? Now, when you say you âthinkâ No.
I meant I know it was 9:15.
It was definitely 9:15.
No further questions, Your Honor.
Miss Galloway I appreciate your testimony, but I am confused.
I read the police transcripts of your interview with them.
You're very clear, very certain.
You said Elliot walked through the door at 8:15.
I know that's what I said.
Now, the interview was less than three days after the fire.
Your recollection was still fresh in your head.
You said you were certain what time it was.
Now here we are, weeks and weeks later, and-and you're insisting that you were off by a whole hour? Uh how do you explain that? Miss Galloway? The witness will answer the question, please.
I actually have no idea what time Elliot got home.
Well, that sure woke the jury up.
I'm sorry, did did you just say you have no idea? I worked that day from 8:00 until 4:00.
By the time Elliot got home, I was thoroughly trashed.
Okay.
Now when you say you were âtrashedâ I had smoked some bath salts.
We just got our first green.
You just testified that the defendant got home at 9:15.
People were really angry with me.
They knew I lived with Elliot.
At work, they wouldn't speak to me.
In the neighborhood, they wrote bad words on my car with white paint.
He said he'd get me protection.
Who said they'd get you protection? Let the record show that the witness is pointing to the prosecuting attorney, the AUSA.
Now are you saying that the federal prosecutor offered you protection in return for saying that my client got home at 9:15 instead of 8:15? Objection! The defense is trying create an inference that something untoward Something untoward? The witness just testified that you bribed her.
- Your Honor, I object.
- You offered the witness - a promise, inducement - There was no formal promise.
- or reward.
- Mr.
Rosenberg! And if that's the case, the prosecutor knows as well as I do that it's his duty to disclose that to the defense! - I move for a mistrial, Your Honor! - Order.
The defense moves I really don't think she's marriage material, but that girl may have just saved your life.
I will have order.
There will be no mistrial.
I think it's fairly obvious that the witness has, for all intents and purposes, recanted any statements having to do with the precise times or whereabouts of the accused.
And I have every confidence that the jury can determine what, if any value her testimony has provided.
The witness is dismissed, and court is adjourned until tomorrow.
I may have been a touch premature about your girlfriend, but we live to fight another day.
What was it you guys just signed to each other? âYou are not aloneâ" Wow.
I'm impressed.
What possessed you to learn that? To say that to him? Oh, you've got it backwards.
He keeps saying it to me.
Hey.
I tried my best, boss.
No, you were a pit bull out there.
Any other judge, and we'd be toasting each other right now.
God, what a good idea.
Sorry to let everybody down but I think I need a drink.
That makes this potentially a capital crime.
Well, it's not like he was delivering the mail when it happened.
When we hear that one of our federal employees and his family have been a victim of arson, rape and murder, we like to stick our nose in, see what's what.
Want to give me a tour? That's the husband and wife.
Not sure if you can tell, but she's naked.
Both tied to those chairs.
In addition to burning to death, we believe there are multiple stab wounds on both victims.
Won't be sure for a while.
Can't really handle the bodies in this state.
So, what do we know? Silver Ford Explorer missing from the driveway.
We've got an APB out across the entire state.
- He stole their car? - You think the guy's stupid enough to still be driving it? Takes all kinds of stupid to make a world.
What else we got? What's with the bike? 12-year-old daughter.
She wasn't home.
At a friend's for a sleepover.
Only silver lining.
You, silver Explorer, pull over.
Put your hands where I can see 'em! Do it now! Okay, now, I need to see your license and registration.
Your license in your pocket? Okay, you can reach for it.
No sudden moves.
Put your hands on the steering wheel.
Elliot Miles? You call this in.
The hell is this? Hey.
- Ah.
- Sorry to keep you waiting.
I saw you kissing that teenager.
You know, that's against the law in this country, and most other civilized societies around the world, for that matter.
Ah, right, right.
No, she is 34.
I know she looks younger.
Said Jerry Lee Lewis to the judge.
No, no, no.
We, uh we met at the airport over Thanksgiving.
Just got back in touch a couple weeks ago.
And for you, sir? I'll have what he's having.
So what are we doing here? Huh? What was so urgent that you had to tear me away from my life of nomadic introspection and years of sexual depravity? Well, it's, uh it's good news I think.
Just not the kind of news you discuss in the office.
Oh.
My sister she's getting remarried.
Which means you, my friend, are off the hook.
No more alimony, no more rent on that Tribeca co-op.
You are a free man.
Financially speaking.
She's been meaning to tell you for a month or so.
That's why she left you all those phone messages.
But then she chickened out.
And here I am, the bearer of whatever kind of news you think it is.
That's great.
I'm happy for her.
Really.
No, I knew you would be.
So, where'd your girlfriend go? At a wine bar, right down the street.
What are you doing here? Talking to you.
Now, get out of here.
Go see your girlfriend.
It's getting late you don't want her to miss her curfew.
Mm-hmm.
Hello? Jason? Of course.
I'll-I'll get there as quickly as I can.
Oh-ho-ho-ho! God.
Sorry.
Thanks.
There, you want that back? You don't want that back.
Thank you.
You got somebody picking you up? I can give you a ride home, if you need.
Hmm.
Well you know if you ever need anything you just give me a call.
Elliot Miles? The interpreter's on his way.
Officer's gonna walk you back for questioning.
He doesn't speak English? He doesn't speak anything.
You Jason Bull? Someone has to be.
Congratulations.
You've made bail.
Thank you for doing that.
No problem.
Criminal mischief in the fourth degree? Yeah, it sounds worse than it is.
I got in a fight with one of those vending machines that sells you bottles of water.
I gave it three dollars, and all it did was laugh at me.
So you kicked it? Kicked it till you broke it? Well, the only other bills I had were twenties, and I wasn't gonna put one of those in.
When did human beings start selling water to each other, anyway? It falls from the sky.
No one owns it.
When I was a kid, it was something you offered people.
I'm worried about you.
I'm fine.
I'm fine.
You know what? You're not.
When I met you, you were ambitious and focused and d-disciplined.
My God, I never met anyone with more discipline.
Last couple of years, though Izzy's getting remarried.
Okay.
I'm sorry.
But she wasn't getting married yesterday, or last month, - or - Well, apparently she was, 'cause everybody knew about it except me.
You're changing the subject.
You used to be a citizen of the world.
You never met a person you didn't find fascinating.
But lately you live in your head for an audience of one.
I mean, every day, I see you checking your watch to see if it's late enough to have your first drink.
And if it's not that, it's how long until lunch.
You sleep in your office.
Your clothes don't fit.
I think you are an amazing person, Jason, but I am tired of worrying about you.
Pitying you.
I want to admire you again.
You probably think I'm here to return your handkerchief.
My name's Dr.
Jason Bull, and I run a trial science company, it's a kind of law office we help people.
And it occurred to me after I left here you might need help.
I know the idea of being represented by someone you met in jail sounds unconventional, but I guarantee you I am great at what I do.
Nonetheless the government wants to execute you and I would like to make sure that doesn't happen.
But there's one thing I need to know.
Did you do it? Good answer.
Everybody know who this is? Isn't that the guy accused of raping that woman and burning her and her husband to death in Brooklyn? It is.
He's also our newest client.
His name is Elliot Miles.
Yeah, heard on the news that they're prosecuting this case as a capital crime.
Feds are looking for the death penalty.
How did Bull get roped into this one? Some hotshot attorney put the arm on him? No.
Apparently, Bull and Elliot actually know each other.
And according to this 20-page e-mail he sent me late this morning, Bull believes he's innocent.
Based on everything I'm reading, he's the only one.
Wait a second.
If he wasn't brought into this case by the kid's attorney, then who's the kid's attorney? I believe that would be the esteemed Benjamin Colón.
I'm trying a death penalty case? Certainly appears that way.
Oh Okay, well, according to the papers, the kid works in construction.
Lives in Astoria.
Got pulled over for driving a stolen SUV, which, turns out, belongs to the murdered couple.
None of this sounds good.
What does Bull know that the papers don't? According to Bull's notes, Elliot bought the car two days after the murders.
$600 cash.
He was standing at a bus stop and a guy pulled over and offered to sell it to him.
No paperwork, just money for keys.
- And Bull believes that? - According to this e-mail.
He says he sat with Elliot for two hours.
We get a description of this generous fellow who hands out three-year-old cars for $600? White male, brown hair, average height and build.
Wow.
That's what, 200 million people? Also, he was wearing a ring, a class ring.
It had a green stone.
Oh.
Well, there you go.
Now we're dealing with 50 million people.
Does he at least have an alibi? It's pretty weak.
He left the jobsite at 5:30 to run some errands for his boss.
Says he was done with those by 6:30.
Ate something and took a subway ride home to Queens.
His girlfriend says he walked through the front door a little after 8:00.
The fire was set around 7:30.
But that was in Brooklyn, a 20-minute subway ride away.
So theoretically, he could have done it.
It would have been a sprint, but he could have done it.
By the way, Bull wants to get the girlfriend in here for you to prep.
- Okay.
- Here is the address of the bus stop where Elliot bought the dead couple's SUV.
- Danny.
- Mm? Bull would like you to go down there.
See if anybody saw anything.
And Cable, see if anybody within a three-block radius has any cameras.
Anything that can help us pinpoint what time Elliot took possession of that SUV.
Not to mention, maybe giving us a picture of the guy who sold it to him.
Done and done.
And one more thing.
They haven't mentioned it in the news reports, but Elliot is mute.
Mute? As in can't talk? But Bull said he spent two hours with him? He can hear.
He writes his answers.
- And can sign.
- Sounds like he'll make a hell of a witness if we decide to put him on the stand.
Sounds like the boss is acting a tad impetuously on this one.
I'm glad you said it.
I'm sensing some dissension in the ranks.
Well, get it out of your systems today because he's gonna be in the office bright and early tomorrow morning.
Bull? Yes, Marissa? Um, you look uh, different, um Good different.
Well, I bought a new suit.
One that fits.
Slept eight hours.
In a row.
In my apartment.
And went a whole day without a drink.
Okay.
Look, yesterday morning, I-I may have said some things.
You did.
And I needed to hear them.
I don't want to be someone you worry about.
I want to be someone you admire.
But I do admire you.
I always have, I always will.
Well, I haven't always admired me.
Not lately.
But I'm determined to change that and I think a big part of that is sinking our teeth into something of consequence, something that matters.
And defending Elliot Miles is just that.
- Is the team excited? - Wha I think everyone is a little overwhelmed.
And plus, I'm not you.
I'm not sure I was able to convey your enthusiasm.
I think they really need to hear from you.
Let's talk capital murder.
Capital murder cases are unique in two special ways.
For one, the entire jury has to be âdeath-qualified.
â Death-qualified? Well, that sounds morbid.
What does it mean? It means that during voir dire, the judge won't even consider seating a juror if they haven't already assured him or her that they're willing to convict our client to death.
Uh, you said there were two differences.
Well, there are potentially two parts of this trial.
The first part is the typical criminal case, adjudicating innocence or guilt.
Then, if the client is found guilty, there's the penalty phase.
And that's the second part.
And the jury, not the judge, decides the sentence.
And there are only two choices.
Death or life in prison.
And just in case you were wondering, we get the same jury for both.
You really are a glutton for punishment, aren't you? I just think I'm pretty good at reading people.
They say this kid's a rapist.
Followed this woman home.
Did what he wanted to do with her and then, when her husband surprised them, he somehow tied them both up and set the place on fire to cover his tracks.
Okay.
If you say so.
And then he stole their car.
The guy who just torched the place so you wouldn't know it was him.
Okay.
If that's what you're selling.
The same kid offered me his handkerchief after I puked all over myself the other night.
Offered me a piece of gum.
Offered me a smile.
He didn't know who I was.
He just did it.
So I just don't see it.
Now I sense that some of you think getting involved with this is a fool's errand.
Well all right, so be it, but it's your fault for choosing to work for a fool.
There is nothing that proves Elliot is guilty.
Ladies and gentlemen, in the trial of Elliot Miles, the federal government is seeking the death penalty.
Before I can seat you, I need to know that you are capable and willing to vote for such a punishment.
Who here has a religious or moral objection to the death penalty? Keep your hands up.
These jurors are dismissed.
No matter who we're left with, we need to find jurors who are prone to reduced emotional reactivity.
People who are more likely to weigh the facts, not be clouded by the horror of the crime.
Even if the evidence says it's possible Elliot did this, they will see it's not impossible that he didn't.
Creating reasonable doubt.
Okay.
Well, how do we find these people? It's actually fairly simple.
We ask about important moments in their lives, emotionally charged moments.
People with reduced emotional reactivity will talk about births, deaths, weddings, divorces in a clinical and detached fashion.
So they're actually pretty easy to spot.
Do you mind if I ask, has anyone here recently lost a family member? Do you feel comfortable talking about your loss? - Sure.
- Okay.
- Uh, who was it that passed? - My father.
About six months ago.
Worst experience of my life.
Watching him waste away.
Uh, Your Honor, we'd like to, uh, dismiss this juror.
We want people who keep their emotions in check.
We're looking for limited gesturing, restrained facial expressions, and definitely no criers.
Describe the best day of your life.
Oh, my God.
My wedding day.
My husband was a dancing machine and a drinking machine.
And then he fell into the pool doing the Electric Slide, and then he was good for nothing.
But still, it was an amazing day.
Divorce.
The greatest day of my life.
You know that joke? Why is divorce so expensive? 'Cause it's worth it.
Oh.
I thought of a better day.
The day my ex got remarried.
Bingo.
Like winning the Lotto.
Your Honor, we'd like to dismiss this juror also.
Man's on a cuttin' frenzy.
Kind of looks that way.
Bull, I know you know this, but we're running low on strikes.
Now, is anyone else here recently divorced? Ah.
Would you mind if I asked what happened? It was He was cheating.
Sounds good.
Calm, contained.
You can't see it, but look at her jaw.
She's flexing her jaw.
Bull, no.
She's good for us.
She's one of our only women left, and women are far less likely to impose the death penalty.
But we won't have to worry about the death penalty if we find jurors who won't convict him in the first place.
Please, Bull.
If I've told you once, I've told you a hundred times, voir dire is not about jury selection, it's about jury de-selection.
And then this woman is forcing herself to be dispassionate, using every bit of restraint she has.
But it is not her natural state.
Inside she's a cauldron of rage, and I can't give her the opportunity to vent that rage on Elliot.
I'd rather take my chances on the possibility that the remaining jurors might be able to see his innocence than the virtual certainty that this woman will send our client away for life, regardless of gender.
Please, Bull.
Your Honor, we would like to strike this juror.
Ladies and gentlemen, the prosecution and the defense are out of peremptories.
The next eight jurors on the roster will fill the remaining seats.
Prospective jurors 11 through 19, welcome to the jury.
- What the hell is he doing? - I have no idea.
See you all tomorrow for opening statements.
Figured you might be here.
Oh.
Well had an early morning meeting with the prosecutor.
Meant to tell you about it, but you left in such a huff last night.
I have a cell phone.
I have e-mail.
Me, too.
Uh, I guess I was waiting for you to shoot me a text and apologize.
Nothing yet.
You know, Bull, we used to be a we used to be a team.
What are you talking about, Benny? Used to be that you'd ask me before you took a case.
Used to be that you'd ask me before you blew through all our jury strikes.
Used to be that you cared what I thought.
Okay.
What do you think? I think that you're in the middle of some kind of crisis.
I don't think that you're thinking clearly.
Getting arrested, drinking too much, taking a death penalty case 'cause a guy gave you a handkerchief.
I haven't had a drink in 33 hours.
Meeting with the prosecutor without me.
He wanted to make a deal.
You're kidding me.
Elliot pleads guilty.
They take the death penalty off the table.
He agrees to life in prison and no chance of parole.
And what did you say? What do you think I said? Well, I hope you said that you'd discuss it with our client, discuss it with your team.
I know how our client feels.
Know how your client feels.
Yeah, yeah, that's right.
That's right.
Y-You don't care what your, what your team thinks.
You don't care.
I forgot.
You know everything.
I know he's innocent.
No, you don't.
You-you-you think he's innocent.
That's not the same thing and more importantly, you don't know how to prove he's innocent.
I guess it doesn't matter, right? Because you're on some-some private, uh, crusade or quest to prove something to yourself or my sister or your father or I don't know who.
But it's-it's all well and good.
Hey, you know what? It's-it's your company.
Right? But what you keep not thinking about is that you're dragging the rest of us into it.
And we don't want to watch a man put to death and have to live with that for the rest of our lives, live with the possibility that it may be our fault, that we may have let him down, that we may have not been up to the task and damn it, Bull, you didn't even ask! Where are you going? Coffee! I'm getting coffee.
I'm sorry to keep you waiting.
I'm Dr.
Thiessen.
You can call me Amos.
Morning got a little hectic.
- You have kids? - No.
I, um, no.
So, why don't we start with you telling me a little bit about why you wanted to try therapy.
Take your time.
Okay.
Of course I'm coming down for your graduation.
I wouldn't miss it for the world.
Anna, honey, yeah, I got to go.
I got to oh, okay.
Okay.
Lily Galloway.
Hi.
Chunk Palmer.
I've been expecting you.
When they called you, they explained to you why I wanted to see you, right? Um, kind of.
And you are Elliot's girlfriend, right? We live together, yeah.
And you're comfortable with the idea of testifying for him, yes? I think so.
I mean his face is all over the Internet and the papers.
It's kind of crazy.
The neighbors are looking at me funny.
It makes me nervous.
Well, you don't have to be nervous.
Um, he is counting on you, but you are what we call Elliot's alibi witness.
And you're a huge part of this case.
We need you to help us prove that he couldn't have done this.
How do you mean? Well, the only way we have to refute the idea that he did this is your testimony that he came home a little after 8:00.
You remember saying that to the police? And you're willing to say that on the stand? I guess so.
You seem a little uncertain.
Um, no, I'm not uncertain.
It's just scary.
But you don't have to be scared.
I mean, he's your guy, right? You said you two live together.
Yeah, and we sleep together, too, but it's not like that.
How do you mean? He's in construction.
He makes good money.
I'm a waitress.
Do the math.
I mean, let's be honest.
I don't think a lot of girls are offering to sleep with him.
A girl wants a guy who will listen to her, but once in a while you want him to say something back.
So, um are we done? I have to get back to work.
Sure.
You want taxi money or subway money? I'm fine.
Um When is it you need me to do this thing? Y-You know what, we may not even call you.
The trial could go a hundred different ways, but I promise to keep in touch.
How long have you lived down the block from the Johnsons? Oh, gosh.
Since their little girl started elementary school with mine.
I guess it's been six years now.
Can you tell us what you saw that night? I was taking our dog out for a walk, same as every night.
Around 7:00.
It was dark.
And I heard this strange ring.
I wasn't sure what it was.
Then I realized it was a smoke alarm and I looked across the street at the Johnsons and there was this man coming out the front door.
And did you get a good look at him? If you saw him again, do you think you could identify him? Of course.
He's right there.
The defendant.
He was running out of the front of the house.
Confidence metrics for this woman are really high.
The jury loves her.
- I don't love her.
- Next thing I knew, he was getting in the car and driving off.
This man? Yes, this man.
Thank you.
No further questions.
Benny.
Mrs.
O'Neil, thank you so much for being with us here today.
Now, today is not the first time that you have identified my client as the man you saw making his way out of the burning house.
Isn't that correct? No.
No, of course not.
After the fire occurred, the police asked me to come down to the precinct, had me look at some photos.
They wanted to see if I recognized anyone.
And did you? Of course.
I saw his photo.
There he was.
So, how long after the fire occurred was this visit to the precinct? I think it was a week or so.
A week or so? And Mr.
Miles was arrested, what, three days after the crime? I-I really don't know.
Oh, but I'm sure like most of us, you tried to find out everything you could about it.
I mean, you lived across the street.
Two people had died.
My little girl played with Emma every day after school.
I was devastated.
We all were.
Well, then I'm sure you're aware that after he was arrested, Mr.
Miles's face was all over the news, the TV, the Internet, the newspapers, and this was three days before you identified him.
I guess that's right.
Your Honor, while we absolutely believe that the witness's testimony was well-meaning, we'd like to make a motion to suppress it.
On what grounds? Isn't it obvious? The witness's identification is suggestive; therefore, tainted and ultimately of no value.
The witness chose my client's photo because she had seen it countless times, had been told countless times on the TV, computer, in the newspapers that this was the guy.
Through no fault of her own or the government's.
It's not about fault.
It's about asking the jury to consider what actually matters.
We're talking about a man's life here.
Both sides make compelling arguments in regard to the witness's testimony; therefore, I'm going to leave it to the jury to determine how to evaluate the strength of the identification.
Your motion is denied.
No further questions, Your Honor.
Nice work.
Hey.
I was thinking about what you said.
I want to have a quick conference with Elliot.
You have a minute? I've been remiss and thankfully, Mr.
Colón has called it to my attention.
The AUSA came to me earlier this morning and offered to take the death penalty off the table.
âWhy would he do thatâ" Well, he's offering to do it in exchange for you admitting guilt and saving the government the trouble of putting on this trial.
âBut I didn't do it.
â We know.
But we needed to tell you about the offer.
We also need to tell you and Dr.
Bull, feel free to jump in if I say something you don't agree with we could use your help.
The fella who sold you the car, is there anything else you can tell us about him? Your description was pretty general.
A limp? Suddenly the guy who sold him the car has a limp? Come on.
I'm sorry, Bull.
It all sounds like a bad novel.
It does, doesn't it? You okay? Actually, I'm a mess 'cause I know he's innocent.
I know it with every fiber of my being.
I'm sorry I came down on you so hard this morning.
I'm worried about you.
We all are.
You've always been this rock, the guy who knows the answer before anyone asks the question.
It seems like you're coming apart.
Is it Izzy? Izzy getting married? No, I'm fine.
Trust me, I am fine.
Who is it? Ghost of Christmas Past.
Oh, my goodness.
I'm tempted to say âlook what the cat dragged inâ" but given your current weight, I don't think there's a cat in this town that can do the job.
It's nice to see you, too.
Oh, God, I'm awful.
Do you want to come in? You you want a drink? Yes.
God, yes.
But don't give me one.
It's nice.
You want to buy it? I'm getting married.
I heard.
I wanted to tell you.
Um, I called but you were never there, so I I figured it was a sign.
No.
It's all good.
I'm happy for you.
You don't look happy.
Happy for you; sad for me.
You're a great lady, lady.
Is that what you came over here to tell me? I don't know what I came over here to tell you.
Benny and I are representing this guy who's staring at the death penalty.
Yeah, the fire guy my brother told me.
Has a way of making you think about things.
Think about life.
About your own life.
I'm sorry.
I'm sorry it didn't work for us.
I would have really liked for it to have worked.
But I'm glad you found someone.
I wish the same for you.
Can I tell you something? Something I don't think you know about yourself? I don't think you're good alone, Jason.
I don't.
You may be onto something there.
Anyway Have a wonderful wedding and an amazing marriage and great life.
You, too.
Mr.
Wilson, did your construction crew work on a jobsite at 68-8 Peak Street, - an apartment house? - Yes, sir.
And was Elliot Miles a part of that crew? He was.
Elliot's been on every crew I've had for nearly three years.
He's a good worker and a very good roofer.
And from the roof of that building, could one possibly see the Johnson residence? I object, Your Honor.
Calls for speculation.
There's nothing speculative about it, Your Honor.
If you'd allow me to continue, that will become absolutely clear.
Objection overruled.
Your Honor, I'd like to show the jury prosecution 27.
These are photos taken from the roof of 68-8 Peak Street.
Clearly visible and circled is the victims' house.
Mr.
Wilson, doesn't it stand to reason that your employee might well have been watching Mrs.
Johnson? Learned her comings and goings, seeing when she might be vulnerable? Objection! Your Honor, again, speculation.
The witness can't testify to what my client did or didn't see.
Sustained.
The jury will disregard.
No further questions, Your Honor.
Gentlemen.
Something to chew on with your lunch.
New witness list.
Lily Galloway? Isn't that Elliot's girlfriend? Isn't she testifying for us? I sure thought so.
The meeting did not go well she was kind of all over the place.
But I get the definite impression that any romantic feelings reside strictly with Elliot.
She seems to be in it mostly for economic reasons.
So, how would you describe your relationship with the accused? I guess you could say I'm his girlfriend.
And where were you on the night of the murders? I was at our apartment in Astoria.
I got there after my shift ended at 4:00.
I wait tables in Kew Gardens.
We usually make dinner together.
And what time did Elliot get home that night? He was late.
He said he was running some errands for his boss.
Now, you originally told the police it was about 8:15, is that correct? Yes.
Uh, that's right.
But now I think I might have been mistaken.
I think it might have been 9:15.
What? Now, when you say you âthinkâ No.
I meant I know it was 9:15.
It was definitely 9:15.
No further questions, Your Honor.
Miss Galloway I appreciate your testimony, but I am confused.
I read the police transcripts of your interview with them.
You're very clear, very certain.
You said Elliot walked through the door at 8:15.
I know that's what I said.
Now, the interview was less than three days after the fire.
Your recollection was still fresh in your head.
You said you were certain what time it was.
Now here we are, weeks and weeks later, and-and you're insisting that you were off by a whole hour? Uh how do you explain that? Miss Galloway? The witness will answer the question, please.
I actually have no idea what time Elliot got home.
Well, that sure woke the jury up.
I'm sorry, did did you just say you have no idea? I worked that day from 8:00 until 4:00.
By the time Elliot got home, I was thoroughly trashed.
Okay.
Now when you say you were âtrashedâ I had smoked some bath salts.
We just got our first green.
You just testified that the defendant got home at 9:15.
People were really angry with me.
They knew I lived with Elliot.
At work, they wouldn't speak to me.
In the neighborhood, they wrote bad words on my car with white paint.
He said he'd get me protection.
Who said they'd get you protection? Let the record show that the witness is pointing to the prosecuting attorney, the AUSA.
Now are you saying that the federal prosecutor offered you protection in return for saying that my client got home at 9:15 instead of 8:15? Objection! The defense is trying create an inference that something untoward Something untoward? The witness just testified that you bribed her.
- Your Honor, I object.
- You offered the witness - a promise, inducement - There was no formal promise.
- or reward.
- Mr.
Rosenberg! And if that's the case, the prosecutor knows as well as I do that it's his duty to disclose that to the defense! - I move for a mistrial, Your Honor! - Order.
The defense moves I really don't think she's marriage material, but that girl may have just saved your life.
I will have order.
There will be no mistrial.
I think it's fairly obvious that the witness has, for all intents and purposes, recanted any statements having to do with the precise times or whereabouts of the accused.
And I have every confidence that the jury can determine what, if any value her testimony has provided.
The witness is dismissed, and court is adjourned until tomorrow.
I may have been a touch premature about your girlfriend, but we live to fight another day.
What was it you guys just signed to each other? âYou are not aloneâ" Wow.
I'm impressed.
What possessed you to learn that? To say that to him? Oh, you've got it backwards.
He keeps saying it to me.
Hey.
I tried my best, boss.
No, you were a pit bull out there.
Any other judge, and we'd be toasting each other right now.
God, what a good idea.
Sorry to let everybody down but I think I need a drink.