Justice (2006) s01e11 Episode Script
Prior Convictions
EXCUSE ME,MA'AM.
I'VE BEEN WAITING.
I NEED SOME HELP,PLEASE.
ONE MOMENT,PLEASE.
MAYBE I CAN HELP YOU.
I'M TOM NICHOLSON.
NO,THANK YOU,MR.
NICHOLSON.
I WANT TO SEE LUTHER GRAVES.
I SEE.
IS,UH,MR.
GRAVES EXPECTING YOU? NO.
ARE YOU A FRIEND OF HIS? MY NAME IS JOSHUA MORTIN.
MR.
GRAVES HANDLED MY LAST CASE.
I'M SURE MR.
GRAVES MUST BE BUSY, SO I'LL WAIT.
TELL HIM I'LL WAI AS LONG AS IT TAKES.
CAN'T GO? THESE ARE COURTSIDE SEATS, LUTHER,ON-CAMERA.
I CAN'T,RON.
I HAVE PARENT/TEACHER CONFERENCES TONIGHT.
I DON'T LIKE TO MISS THINGS FOR MY KIDS.
AND BESIDES, I'M A CLIPPERS FAN.
YES,BUT PEOPLE ACTUALLY WATCH THE LAKERS.
YOU KNOW HOW MANY CLIENTS I'VE GOTTEN JUST BECAUSE PEOPLE SEE ME COURTSIDE AT LAKERS GAMES? WE ALL APPRECIATE HOW YOU SACRIFICE FOR THE FIRM,RON.
HEY,LUTHER,YOU KNOW A GUY NAMED JOSHUA MORTIN? HE'S HERE TO SEE YOU.
I'M CALLING THE POLICE.
UH,DON'T.
WE HAVE TO.
MORTIN IS PROBABLY HERE TO KILL YOU.
OKAY.
WHO'S JOSHUA MORTIN? HE'S A COLD-BLOODED KILLER.
BEAT HIS WIFE TO DEATH WITH HIS BARE HANDS.
LUTHER IS THE D.
A.
WHO CONVICTED HIM.
MORTIN SENT LETTERS FROM SAN QUENTIN SWEARING TO KILL LUTHER.
THAT WAS A LONG TIME AGO.
I HAVEN'T GOTTEN A LETTER FROM MORTIN IN YEARS.
MAYBE HE RAN OUT OF STAMPS.
LOOK,IF HE WANTED TO KILL ME, HE WOULDN'T DO IT HERE.
HE'D WAIT TILL NO ONE IS AROUND.
UNLESS HE WANTS TO MAKE A POINT.
DID YOU GET A RESTRAINING ORDER ON HIM? I DID.
IT LAPSED.
I COULDN'T REAPPLY FOR ONE AFTER HE STOPPED WRITING.
THE THREATS WERE TOO OLD.
I AM GOING TO SEE HIM.
WHY NOT CALL THE COPS? BECAUSE HE HASN'T DONE ANYTHING WRONG YET.
LOOK,I'VE HAD GUYS I'VE CONVICTED SHOW UP BEFORE.
THEY JUST WANT TO SHOW ME HOW TOUGH THEY ARE.
IF HE SEES THE POLICE, HE'S GONNA THINK I'M SCARED.
HE'LL NEVER LEAVE ME ALONE.
THERE'S ONLY ONE WAY TO DEAL WITH HIM,FACE HIM.
LET'S MAKE SURE SECURITY'S WATCHING.
IF HE TRIES ANYTHING, WE CAN USE IT TO GET A PERMANENT RESTRAINING ORDER.
TELL THE RECEPTIONIS TO TAKE HER BREAK.
WE DON'T NEED HER THERE.
IF IT'S TOO DANGEROUS FOR HER, IT'S TOO DANGEROUS FOR YOU.
LUTHER,WE CAN ALWAYS GET A NEW RECEPTIONIST.
YOU,WE NEED.
LE ME CALL THE POLICE.
I LOVE YOU,TOO,RON.
GET ME THE POLICE.
NOW.
MR.
GRAVES.
IF YOU BELIEVE IN THE LEGAL SYSTEM, YOU SHOULD SHAKE MY HAND.
REALLY? HOW DO YOU FIGURE THAT? SERVED MY TIME PAID MY DEBT EVEN THOUGH I DIDN'T OWE A DEBT.
JURY DISAGREED.
THAT'S BECAUSE YOU CONVINCED THEM.
SEE,I WAS IN COURT.
ANY LAWYER CAN CONVICT A GUILTY MAN BUT TO CONVICT AN INNOCEN ONE, NOW THAT TAKES SOME SKILL.
IS THAT WHY YOU'RE HERE, TO TELL ME THAT YOU'RE INNOCENT? ACCORDING TO THE CALIFORNIA DEPARTMENT OF JUSTICE DATABASE, MORTIN WAS PAROLED FOR GOOD BEHAVIOR TWO MONTHS AGO.
HELLO? YES? YEAH,I'M STILL HERE.
I TOLD YOU BEFORE,THERE'S A MAN NAMED JOSHUA MORTIN IN OUR OFFICE.
YOU'RE ALREADY LOOKING FOR HIM? THERE'S AN ARREST WARRAN OUT FOR MORTIN-MURDER.
LOOK,YOU DID YOUR TIME.
YOUR CASE IS OVER.
GO ON WITH YOUR LIFE.
BEEN TRYING TO,BELIEVE ME.
BUT I CAN'T.
I CAN'T FIND WORK.
I CAN'T FIND A DECENT PLACE TO LIVE.
NOW YOU NEED TO HELP ME.
THERE'S A MAN NAMED MAX SLOAN-MY LANDLORD.
I ARGUED WITH SLOAN IN THE MORNING BEFORE I LEFT THE BUILDING.
WHEN I CAME BACK LATER, HIS APARTMENT DOOR WAS OPEN, AND I SAW HIM DEAD.
I DIDN'T DO IT.
I DIDN'T ASK.
IF THAT'S ALL THERE IS, AND YOU DIDN'T DO IT, THEN YOU SHOULDN'T HAVE ANYTHING TO WORRY ABOUT.
I USED TO BELIEVE THAT.
BUT NOW I KNOW HOW THE SYSTEM WORKS.
I'M THE ONLY CONVICT IN THE APARTMENT BUILDING.
THAT'S WHY THEY'RE GONNA COME FOR ME.
YOU WOULD IF YOU WERE STILL A D.
A.
WOULD I INVESTIGATE YOU? YES.
IS THAT PARTLY BECAUSE YOU KILLED YOUR WIFE? YES.
WILL I DEFEND YOU? NO.
DON'T DO IT FOR ME.
DO IT FOR HER.
THAT'S MY DAUGHTER DEBRA.
THE LAST TIME I SAW HER, SHE LOOKED LIKE THAT.
SHE'S 25 NOW HASN'T SPOKEN TO ME IN 15 YEARS.
YOU BLAME HER FOR THAT.
NO.
NO,I DON'T BLAME HER.
NO,SHE THINKS I KILLED HER MOTHER.
YOUR BEING WRONG ABOUT THA DIDN'T JUST DESTROY MY LIFE.
IT DESTROYED MY FAMILY.
HEY,GUYS,TAKE IT EASY.
THE MAN'S JUST HERE TO SEE A LAWYER.
JOSHUA MORTIN? YES,I'M JOSHUA MORTIN.
YOU OWE ME,MR.
GRAVES.
JOSHUA MORTIN, YOU'RE UNDER ARREST FOR THE MURDER OF MAX SLOAN TURN AROUND,SIR.
SPREAD YOUR LEGS FOR ME,SIR.
I'M INVOKING MY RIGHT TO REMAIN SILEN AND TO CONSUL WITH AN ATTORNEY- MR.
LUTHER GRAVES.
OKAY,LET'S GO.
CONVICTED KILLER JOSHUA MORTIN KILLS AGAIN.
PROSECUTOR J.
D.
KELLER HAS PROMISED THE VICTIM'S FAMILY A QUICK TRIAL AND SWIFT JUSTICE.
LANDLORD MAX SLOAN WAS BRUTALLY BEATENWITH A BLUNT OBJECT.
POLICE HAVE NOT YE FOUND THE MURDER WEAPON.
I TALKED TO MY FRIENDS AT THE L.
A.
P.
D.
THEY'VE GOT AN EYEWITNESS.
THE MAN'S NAME IS ALAN BECK.
HE SAW MORTIN BEAT SLOAN TO DEATH.
YOU SOUND RELIEVED.
NOT RELIEVED,VALIDATED.
I TOLD YOU MORTIN WAS A KILLER.
THEY CAN ALSO PROVE MOTIVE.
SLOAN COLLECTED RENT THAT DAY -$9,000.
IT'S MISSING.
THE D.
A.
's STORY IS CLEAN,SIMPLE- UNEMPLOYED EX-CON ROBS AND KILLS LANDLORD FOR MONEY.
SO WHAT'S OUR STORY GOING TO BE? WE DON'T NEED A STORY.
WE'RE NOT DOING THIS CASE.
OF COURSE WE ARE.
D.
A.
WHO PROSECUTED MORTIN IS NOW DEFENDING HIM? THAT'S A GREAT STORY.
LOTS OF MEDIA HEAT.
MORE HEAT,MORE CLIENTS.
IT'S GOOD FOR US, AND IT'S GOOD FOR MORTIN.
I DON'T WAN MORTIN KILLED BEFORE.
HE KILLED AGAIN.
LET'S DEFEND AN INNOCENT MAN.
THREE OF US WANT TO DO IT.
THIS IS THE KIND OF CASE DEFENSE LAWYERS LIVE FOR.
THIS GUY NEEDS US,LUTHER.
HAVE YOU SEEN THE PRESS? THEY'RE CONVICTING HIM BECAUSE OF A 15-YEAR-OLD CASE.
THAT VIOLATES EVERY CONCEPT OF DUE PROCESS.
JOSHUA KNEW THE POLICE WERE LOOKING FOR HIM,BUT HE DIDN'T RUN.
HE CAME TO SEE YOU.
HE WAITED TO SEE YOU BECAUSE HE WANTS TO FIGHT THIS.
NOW AN INNOCENT MAN DOES THAT.
OR A GUILTY ONE.
THE COPS CAME INTO OUR HOUSE AND TOOK JOSHUA DOWN HARD RIGHT IN FRONT OF US.
WE CAN'T LET 'EM GET AWAY WITH THAT.
I ASKED MY PAROLE OFFICER TO BRING THESE.
THE LAST ONES WERE TAKEN ON DEBRA'S 10th BIRTHDAY.
THE NIGHT HER MOM DIED, I WENT OUT TO GET HER MEDICINE FOR AN EARACHE.
I CAME BACK, HER MOM WAS DEAD.
YOU GOT KIDS? MR.
GRAVES? YOU SPEND TIME WITH 'EM? YOU'RE A LUCKY MAN.
I KNOW THE FACTS OF YOUR OLD CASE.
NOW LET'S FOCUS ON YOUR NEW CASE.
THE D.
A.
HAS A WITNESS WHO SAW YOU BEAT SLOAN TO DEATH.
SO WHAT'S YOUR STORY? I HAVE AN ALIBI.
CALL MY PAROLE OFFICER BEN HORNER.
I WAS OU LOOKING FOR WORK.
HE'LL BACK ME UP WHEN I TESTIFY.
TESTIFYING'S A BIG DECISION.
IT'S PROBABLY THE BIGGEST ONE YOU'LL MAKE.
WE DON'T NEED TO DECIDE YET.
IN MY LAST CASE, I HAD AN INCOMPETENT LAWYER WHO TOLD ME NOT TO TESTIFY, AND I LISTENED TO HIM AND GOT CONVICTED.
THIS TIME,I TESTIFY.
HE'S PRETTY EAGER TO TELL THE JURY HE'S INNOCENT.
THEY ALL SAY THEY'RE INNOCENT.
YEAH,BUT THIS ONE SOUNDS INNOCENT.
DID HE SOUND LIKE THIS WHEN YOU CONVICTED HIM? I NEVER TALKED TO HIM.
I WAS THE D.
A.
BY LAW, I COULDN' TALK TO HIM.
SO MAYBE HE WAS INNOCEN THE FIRST TIME,TOO.
WHAT ARE YOU SAYING, THAT I CONVICTED AN INNOCENT MAN? IS THAT WHA YOU'RE ASKING ME? AREN'T YOU ASKING IT YOURSELF? NO,I'M NOT.
JOSHUA'S DAUGHTER WOULDN'T RETURN OUR CALLS, BUT HE SAID YOU'D BE ABLE TO GIVE HIM AN ALIBI.
I CAN,SORT OF.
I TALKED TO HIM ON THE PHONE AROUND THE TIME OF THE MURDER.
HE WAS LOOKING FOR WORK IN HIS OLD FIELD- HE HANDLED CLAIMS FOR AN INSURANCE COMPANY- BUT NOBODY HIRES EX-CONS.
SO YOU WEREN'T WITH HIM AT THE TIME OF THE MURDER? NO,BUT I DON'T THINK JOSHUA KILLED SLOAN, EVEN THOUGH HE HAD REASON TO.
SORRY? WHA DOES THAT MEAN? SLOAN WAS A JERK.
HE DIDN'T EVEN KNOW JOSHUA WAS A CONVIC UNTIL I CAME BY TO CHECK ON HIM.
ONCE SLOAN KNEW, HE WANTED TO EVICT HIM.
BUT JOSHUA PAID HIS RENT, SO HE COULDN'T.
SLOAN DIDN'T LIKE THE FAC THAT JOSHUA KNEW HIS RIGHTS AND WOULDN'T BE PUSHED AROUND.
COULD ANYBODY ELSE IN THE BUILDING HAVE DONE THIS? MAYBE.
I MEAN, EVERYBODY KNEW THA SLOAN HAD A TON OF CASH ON RENT DAY.
REALLY? YEAH.
SO WHY DID THE POLICE ONLY FOCUS ON MORTIN? YOU KNOW WHY.
HE HAD A RECORD.
I ALWAYS WARN MY GUYS, IF ANYTHING BAD EVER HAPPENS, THEY'LL ALWAYS BE BLAMED.
HIS PAROLE OFFICER WANTS TO TESTIFY, BUT HE CAN ONLY GIVE US A SOFT ALIBI.
HE WASN'T ACTUALLY WITH MORTIN AT THE TIME OF THE MURDER.
WE COULDN'T CALL A PAROLE OFFICER ANYWAY, NOT WITHOUT TELLING THE JURY ABOU MORTIN'S PRIOR CRIMINAL HISTORY.
WHAT ABOUT DEFENSE WITNESSES? DO WE HAVE ANYONE WE CAN CALL? I TRIED CALLING HIS DAUGHTER, BUT SHE WON'T TALK TO US.
SO SHE'S OUT.
BUT STILL,THE D.
A.
DOESN'T HAVE A GREAT CASE.
I MEAN,THEY DON'T EVEN HAVE A MURDER WEAPON.
THEY REALLY ONLY GOT ONE WITNESS.
AN EYEWITNESS.
I'VE CONVICTED PLENTY OF GUYS WITH ONE EYEWITNESS.
BUT EYEWITNESSES CAN BE WRONG, SO I WILL TAKE CHARGE AND LOOK INTO THIS ONE.
THE D.
A.
HAS A WITNESS, ALAN BECK,A GAS METER READER.
HE IDENTIFIES OUR CLIENT AS THE KILLER.
AT TRIAL,WE NEED TO SHOW THA BECK I.
D.
'ed THE WRONG MAN.
NOW WHEN I WAS A D.
A.
, THEY DIDN'T HAVE LINE-UPS WITH ALL THE SUSPECTS.
THEY HAD SHOW-UPS.
A SHOW-UP MEANS THAT THE POLICE ARRESTED MORTIN AT TNT&G, THEN TOOK HIM BACK TO THE SCENE OF THE CRIME SO THE EYEWITNESS ALAN BECK COULD SEE MORTIN IN HANDCUFFS.
THIS MAKES MORTIN LOOK LIKE THE KILLER.
WHEN THE POLICE ASKED BECK TO I.
D.
THE KILLER FROM PHOTOS, THE PICTURE BECK HAS IN HIS MIND IS OF JOSHUA MORTIN.
IT'S LEGAL,BUT IT LEADS TO FALSE IDENTIFICATIONS AND GETS MEN ACCUSED AND CONVICTED OF CRIMES THEY DID NOT COMMIT.
THIS TRIAL IS GOING TO COME DOWN TO THIS WITNESS.
LET'S SEE IF WE CAN PROVE THAT THE POLICE CAUSED HIM TO IDENTIFY THE WRONG MAN.
GO.
WHERE EXACTLY DID ALAN BECK, THE EYEWITNESS,SAY HE WAS WHEN HE SAW THE MURDER? HERE.
BECK SAID HE WAS GONNA READ THE GAS METER AT THE BACK OF THE BUILDING.
HE DOES IT AT THE SAME DAY AND TIME EVERY MONTH.
HE SAID HE WATCHED THROUGH THE WINDOW AS MORTIN KILLED SLOAN.
ALL RIGHT.
WELL,LET'S CHECK IT OUT.
WHAT CAN YOU SEE? EVERYTHING.
LAWYERS OFTEN GO BACK AND TALK TO JURORS IN THEIR OLD CASES TO LEARN HOW THEY CAN IMPROVE.
MR.
GRAVES PROSECUTED MR.
MORTIN.
NOW HE'S DEFENDING HIM.
ANYTHING THAT YOU CAN DO TO HELP US WOULD BE GREAT.
SO WHY DID YOU VOTE TO CONVIC JOSHUA MORTIN OF KILLING HIS WIFE? CAN YOU TELL US? THE EVIDENCE.
IT WASN' OVERWHELMING,BUT IT WAS ENOUGH.
MR.
GRAVES PROVED HIS CASE.
HE WAS GREAT IN TRIAL.
WHAT ABOUT THE DEFENSE LAWYER? DID YOU HAVE AN OPINION OF HIM? HE WAS JUST OKAY.
HE STUNK.
THA GUY WAS TERRIBLE.
I DIDN'T BELIEVE A WORD HE SAID.
I CAN'T BELIEVE THIS.
I SPENT TWO WEEKS TRYING THE CASE- STARING AT THEM, TRYING TO READ THEIR MINDS.
I DON'T EVEN RECOGNIZE THEM.
THEY REMEMBER YOU.
DID YOU HEAR WHAT THEY SAID? THEY THOUGHT YOU WERE GREAT, THAT YOU TRIED A GREAT CASE.
OR I WAS JUST BETTER THAN MORTIN'S LAWYER.
THE JURY HATED HIM,WHICH MEANS JOSHUA HAD NO DEFENSE.
WAS THERE ANY EVIDENCE THAT YOU WISH YOU'D HEARD OR ANYTHING YOU WISH THE LAWYERS HAD DONE OR NOT DONE? WELL,I WISH MORTIN HAD GOTTEN ON THE STAND AND TOLD US WHAT HAPPENED.
WELL,IN THE TRIAL TRANSCRIPT, I SAW THAT HIS LAWYER ARGUED THAT MORTIN LEFT THE HOUSE THA NIGHT TO GET HIS DAUGHTER MEDICINE.
HIS LAWYER SAID THAT MORTIN WASN' AT HOME WHEN HIS WIFE WAS KILLED.
MORTIN SHOULD HAVE TOLD US HIMSELF.
IF HE DIDN'T DO IT, WHY NOT SAY SO? THE JUDGE INSTRUCTED THEM MORTIN HAD A RIGHT NOT TO TESTIFY.
BY LAW,THEY WEREN'T SUPPOSED TO HOLD THAT AGAINST HIM.
BUT THEY DID.
IT HAPPENS.
IT'S THE RISK YOU TAKE WHEN YOU DON'T PUT THE DEFENDANT ON THE STAND.
THEY SWORE THEY WOULD PUT IT OUT OF THEIR MINDS, BUT IN THEIR HEARTS, AN INNOCENT MAN WOULD TESTIFY.
A GUILTY MAN WOULDN'T.
HE CAN'T TESTIFY THIS TIME.
IF HE DOES,HIS PRIOR CONVICTION COULD COME OUT.
HE WANTS TO TESTIFY THIS TIME.
LET'S JUST MAKE SURE HE DOESN'T HAVE TO.
HEY.
HEY.
CAN YOU DO ME A FAVOR?ANYTHING.
CAN YOU TAKE A LOOK AT THIS? MY OLD D.
A.
CASE FILE FROM MORTIN'S FIRST MURDER TRIAL.
CHECK IT FOR PROCEDURAL ERRORS, ANYTHING WE CAN USE TO GET THE PRIOR CONVICTION EXCLUDED.
LOOK,YOU'RE A GREAT LAWYER.
IF THERE WAS A PROBLEM, YOU WOULD HAVE FOUND IT.
I JUST WANT TO MAKE SURE.
GOOD TRIAL LAWYERS,THEY NEVER HANDLE THEIR OWN APPEALS.
THEY GET FRESH EYES TO LOOK AT THINGS FOR THEM, SEE IF THEY MISSED ANYTHING.
FORGET WE'RE PARTNERS.
JUST TREAT IT LIKE ANY OTHER FILE.
WE'RE DOING JOSHUA'S CASE FOR FREE? SURE.
IT'S AN INVESTMEN IN LUTHER,AND A GOOD ONE.
HE'S ALREADY SHOWING SIGNS OF GROWTH.
DID YOU HEAR HIM ADMIT D.
A.
EYEWITNESSES CAN BE WRONG? YEAH.
SO? SO UP UNTIL NOW, THE MAN WASN'T PREPARED TO DO EVERYTHING DEFENSE LAWYERS HAVE TO DO.
YES,HE DOES GREAT WORK, BU HE'S NOT COMFORTABLE HERE.
HE WON'T SCHMOOZE CLIENTS OR DO PRESS.
HE STILL THINKS HE CAN GO BACK TO THE D.
A.
's OFFICE ONE DAY.
WELL,IF THAT'S WHAT HE WANTS, MAYBE HE WILL.
MAYBE HE SHOULD.
HE WON'T BE ABLE TO AFTER THIS.
HE'S ALREADY STARTING TO QUESTION MORTIN'S FIRST CONVICTION BECAUSE HE'S NOW THINKING LIKE A DEFENSE LAWYER.
YOU CAN NEVER GO HOME AGAIN.
YOU KNOW WHY? BECAUSE THEY NEVER FORGIVE YOU FOR LEAVING.
HERE ARE OUR JURY INSTRUCTIONS, AND AS THE PROSECUTOR IN THIS CASE, I'M GIVING YOU OFFICIAL NOTICE THAT WE'RE MOVING TO INTRODUCE EVIDENCE OF MORTIN'S FIRS MURDER CONVICTION IN OUR CASE-IN-CHIEF.
I FIGURED YOU WOULD.
YOU SEEM UPSET,LUTHER.
YOUR PARTNERS MAKING YOU DO THIS CASE? YOU'VE KNOWN ME A LONG TIME.
YOU KNOW NOBODY MAKES ME DO ANYTHING.
ARE YOU ALWAYS SURE THAT THEY'RE GUILTY? THEY ARE ALWAYS GUILTY.
IF YOU TALKED TO MORTIN,YOU WOULDN'T BE SO SURE THAT HE DID IT.
I NEVER TALK TO ANY OF THEM.
YOU DIDN'T EITHER WHEN YOU WERE IN THIS JOB.
THERE'S NO POINT.
THEY ALL SAY THE SAME THING-THEY'RE INNOCENT.
THEY'RE NOT ALL INNOCENT,AND THEY'RE NOT ALL GUILTY,EITHER.
YOU KNOW,I ENVY YOU,J.
D.
I USED TO SEE THE WORLD IN BLACK AND WHITE.
BUT THE TRUTH IS MORE COMPLICATED.
LET ME DO YOU A FAVOR, GE YOU KICKED OFF THE CASE.
I'LL ARGUE YOU CAN' DEFEND MORTIN NOW BECAUSE YOU PROSECUTED HIM BEFORE.
I'LL CITE THE "REVOLVING DOOR" STATUTE.
THAT'S A FEDERAL STATUTE.
IT DOESN'T APPLY.
THEN I'LL GET YOU KNOCKED OU BECAUSE YOU COULD BE A WITNESS FOR US tO TESTIFY ABOUT THE FIRST MURDER TRIAL.
THAT OTHER CASE ISN' COMING IN.
EVEN IF IT WAS, YOU COULD CALL SOMEONE ELSE.
YOU DON'T NEED ME.
I'VE NEVER DROPPED OU OF A CASE IN MY LIFE,J.
D.
, I WON'T STAR NOW.
TOO BAD.
IT'S MORTIN'S FUNERAL.
THOSE ARE DEATH PAPERS.
WHEN WE GET THE CONVICTION,WE'RE ASKING FOR THE DEATH PENALTY.
I NEED TO TELL YOU THE D.
A.
IS SEEKING THE DEATH PENALTY.
OKAY.
HAVE YOU CALLED MY DAUGHTER? HAS SHE TALKED TO YOU, ANY OF YOU? JOSHUA,PLEASE,FOCUS.
THEY WANT TO EXECUTE YOU.
I HEARD.
IF THEY CONVICT ME AGAIN FOR SOMETHING I DIDN'T DO, I WANT THEM TO PUT ME TO DEATH.
GOD,I GET UPSET BECAUSE I MISS ONE PARENT/TEACHER CONFERENCE.
THIS MAN HAS MISSED THEM ALL, AND EVERYTHING ELSE.
LUTHER, DON'T DO THIS TO YOURSELF.
NOW THE FIRST JURY, THEY WANTED TO HEAR HIM TESTIFY.
THEY HELD IT AGAINS HIM THAT HE DIDN'T.
IF THEY HAD HEARD HIM TALK THE WAY WE DID JUST NOW, I THINK THEY MIGH HAVE ACQUITTED HIM.
BUT YOU CAN'T GO BACK.
TOM,I CONVINCED A JURY THA THIS MAN KILLED HIS WIFE BEYOND A REASONABLE DOUBT.
NOW I HAVE DOUBT.
ALDEN,YOU'VE BEEN DUCKING ME.
NO,I JUST WANTED TO BE SURE BEFORE I SPOKE TO YOU.
DID YOU FIND SOMETHING IN THE FILE, IN MORTIN'S FIRST MURDER CONVICTION? I DIDN'T FIND ANYTHING WRONG PROCEDURALLY.
BUT? I THINK MORTIN'S DEFENSE LAWYER MISSED SOMETHING SOMETHING BIG.
THIS IS WHERE THE MURDER HAPPENED.
THEY TORE DOWN JOSHUA'S HOUSE FIVE YEARS AGO.
I DIDN'T COME HERE.
SHOULD HAVE.
D.
A.
s ALMOST NEVER GO TO CRIME SCENES.
YOU RELY ON THE POLICE.
THEY'RE THE ONES WHO BUILT THE TIME LINE,RIGHT, THE ONE THAT YOU INTRODUCED A TRIAL TO DISPROVE MORTIN'S ALIBI? YES.
WE JUST DROVE TWO ROUTES.
ONE TOOK A HALF-HOUR.
THE OTHER TOOK TEN MINUTES.
AT TRIAL,MORTIN'S LAWYER ARGUED MORTIN TOOK THE LONGER TRIP.
WHICH WAS IRRELEVANT.
MY POINT WAS THAT HE COULD HAVE JUST AS EASILY TAKEN THE SHORTER ROUTE, GIVING HIM PLENTY OF TIME TO COMMIT THE MURDER.
WHAT'S THE PROBLEM? THE SHORTER ROUTE THAT YOU BASED YOUR TIME LINE ON IT WASN'T OPEN.
YES,IT WAS.
THERE WAS A THOMAS GUIDE MAP.
I INTRODUCED IT AT TRIAL.
THE PROBLEM WITH THESE MAPS IS THEY AREN'T ALWAYS ACCURATE.
L.
A.
STREET CLOSURES, CONSTRUCTION,FIRES,MUD SLIDES- LOTS OF TIMES WITH CAR CRASH CASES, I GO AND INVESTIGATE AND THE STREET WILL BE TEMPORARILY CLOSED OR GONE,EVEN.
WHAT IS THIS? A CALTRANS MAP FOR THE TIME OF THE MURDER.
THEY WERE DOING CONSTRUCTION THAT NIGHT ON THE SHORTER ROUTE.
HE COULDN'T HAVE GOTTEN HOME IN TIME TO KILL HIS WIFE.
BY THE TIME YOU WERE A TRIAL, THE ROAD WAS OPEN AGAIN, AND NO ONE THOUGH ABOUT IT OR CHECKED.
I'M SO SORRY.
MY WHOLE CASE WAS A TIME LINE BUILT ON A ROAD THAT JOSHUA MORTIN NEVER COULD HAVE TRAVELED.
I CONVICTED AN INNOCENT MAN.
SEE THIS? MR.
HORNER LENT ME A SUIT FOR TRIAL.
SORRY IT'S NO A BETTER SUIT, BUT,UH,THEY DON'T PAY PAROLE OFFICERS MUCH,SO BEN,YOU EXCUSE US? SURE.
I'LL SEE YOU LATER.
I DON'T KNOW HOW TO IN '92,I WAS A NEW D.
A.
- INEXPERIENCED.
AND BY THE TIME OF THE RODNEY KING RIOTS, THE CITY WAS A MESS.
OUR OFFICE WAS LOSING TRIALS- TOO MANY CASES, TOO LITTLE TIME,AND I DIDN'T GO OU TO THE CRIME SCENE.
I DIDN'T DRIVE THE ROUTE YOU TOOK.
MY JOB WAS OVER WHEN I WON THE TRIAL.
I MOVED ON.
THE SYSTEM MOVED ON.
THE ONLY ONE WHO DID NOT MOVE ON WAS YOU.
YOU WROTE ME SAID YOU WERE INNOCENT.
WHEN I WAS THREATENING TO KILL YOU.
MMM.
BUT I GOT OVER THA ANGER.
I HAD TO.
ANGER IS WHAT KILLS YOU.
DON'T BLAME YOURSELF FOR THIS.
WHO ELSE CAN I BLAME? I CARRIED THE BURDEN.
I CONVICTED YOU.
AND I WAS WRONG.
I AM SORRY.
DON'T TELL ME.
TELL MY DAUGHTER.
THE DAY SLOAN DIED, WHEN I GOT HOME,I SAW THIS BRICK IN FRONT OF MY APARTMENT, BLOOD ALL OVER IT.
AFTER I SAW SLOAN DEAD, I GOT RID OF THE BRICK.
I'D ALREADY BEEN CONVICTED FOR SOMETHING I DIDN'T DO AND SOMEONE WAS TRYING TO SEND ME BACK TO JAIL.
I DIDN'T TELL YOU BECAUSE I DIDN'T TRUST YOU ENOUGH.
I DO NOW.
JOSHUA THREW THE MURDER WEAPON AWAY.
IT WAS A BRICK.
HE SAID HE FOUND IT OUTSIDE OF HIS APARTMENT.
THREW IT AWAY? SO WHAT,HE WAS INNOCEN OF THE FIRST MURDER HE WAS CONVICTED OF,BU GUILTY OF THE SECOND MURDER? I DON'T KNOW.
COULD ANYONE ELSE HAVE DONE THIS? YEAH.
LOTS OF PEOPLE KNEW SLOAN HAD CASH ON HIM THAT DAY.
I MEAN,ANYBODY IN THE BUILDING COULD HAVE DONE IT.
LOOK,WE'RE LOOKING AT OTHER SUSPECTS.
WE'LL KEEP LOOKING.
I KNOW WHO YOU ARE.
GET OUT.
YOUR FATHER DIDN' KILL YOUR MOTHER.
LAWYERS-YOU'LL SAY AND DO ANYTHING JUST TO WIN.
I DID WIN.
I CONVICTED HIM.
BUT I SHOULDN'T HAVE WON, AND I CAN PROVE IT.
YOUR FATHER IS INNOCENT.
IF YOU DON'T BELIEVE HIM, BELIEVE ME.
IF YOU DON' COME TO COUR AND YOUR FATHER IS CONVICTED, HE WILL GO TO DEATH ROW AND HE WILL BE EXECUTED.
MY MOTHER WAS MY AGE-25- WHEN HE KILLED HER.
HE'S ALREADY LIVED 20 MORE YEARS THAN SHE HAD.
YOUR HONOR, THE PROSECUTION THANKS AND ACCEPTS JUROR NUMBER 11.
OH,HE LOOKS SERIOUS.
HE'S ORTHODOX JEWISH - NOT REFORM,NOT CONSERVATIVE.
ORTHODOX.
JEWS BELIEVE IN AN EYE FOR AN EYE.
IN FACT,THEY INVENTED IT.
THAT'S NOT TRUE.
YES,ACTUALLY,I IS.
READ THE BIBLE.
IT HELPS WITH JURIES.
YOUR HONOR THE DEFENSE THANKS AND ACCEPTS JUROR NUMBER 11 FOR THIS PANEL.
WHEN THEY CONVICT, HE'LL VOTE TO EXECUTE.
WATCH.
HE WON'T GET THE CHANCE.
JEWISH LAW REQUIRES TWO EYEWITNESSES BEFORE YOU CAN CONVICT SOMEONE FOR MURDER.
THE D.
A.
ONLY HAS ONE.
I DO READ THE BIBLE.
THE COPS MAY HAVE TALKED TO SOMEONE WHO HAD OTHER INFORMATION SOMEONE WHO THEY DIDN'T WAN TO TESTIFY, SOMEONE WE MISSED.
I THINK MAYBE WE SHOULD CANVASS THE AREA AGAIN.
HERE'S A LIST OF THE PEOPLE WE COULDN'T GET IN CONTACT WITH.
ALL RIGHT.
WHY DON' I TAKE "A" THROUGH "M"? YOU TAKE THE NAMES "N" THROUGH,UH,THROUGH "Z.
" ALDEN? THE WITNESS SAID HE SAW JOSHUA KILL SLOAN THROUGH HERE AT WHAT TIME? UM ACTUALLY, I WAS RIGHT ABOUT NOW.
WHY? LOOK THROUGH THE WINDOW.
WHAT DO YOU SEE? NOTHING,RIGHT? YES,THE EYEWITNESS COULD SEE THROUGH THE WINDOW, BUT NOT IF THE SUN'S GLARE WAS ON IT.
I LOOKED IT UP.
IT WAS SUNNY AND CLEAR ON THE DAY OF THE MURDER.
SO THEN I GOT THE POSITION OF THE SUN FOR THAT TIME OF YEAR.
THE WITNESS SAYS HE LOOKED THROUGH THE WINDOW AT 12:15.
IF HE DID,HE COULD SEE FINE.
BUT IF HE WAS THERE LATER- BETWEEN 12:30 AND 2:00 P.
M.
, WHEN THE SUN MOVED BEHIND THE BUILDING- HE COULDN'T HAVE SEEN ANYTHING.
FROM 12:30 UNTIL 2:00, THE GLARE ON THAT GLASS WOULD HAVE MADE I IMPOSSIBLE TO SEE THROUGH IT.
SO IF BECK WAS AT THE WINDOW LATER THAN HE SAID,HE DIDN'T SEE THE KILLER.
ALL WE HAVE TO DO IS PROVE IT.
JOSHUA.
YOUR DAUGHTER'S HERE.
SHE LOOKS JUS LIKE HER MOTHER.
LET HIM TALK TO HER.
HE HASN' SEEN HIS DAUGHTER IN YEARS.
WELL,SHE'S NOT HERE FOR HIM.
SHE'S MY WITNESS.
IF I'M ABLE TO INTRODUCE THE PRIOR MURDER,SHE'S GONNA TESTIFY ABOUT IT.
I'D CALL YOU,BUT YOU'RE NOT AVAILABLE,ARE YOU? THE D.
A.
IS DESPERATE.
HE CAN'T WIN THIS CASE,SO HE WANTS TO RETRY THE OLD CASE.
THE PRIOR CONVICTION SHOULD NOT BE ADMITTED AS EVIDENCE.
IT IS NOT RELEVANT.
"NOT RELEVANT"? IS MR.
TROTT KIDDING? JOSHUA MORTIN KILLED BEFORE.
YOU CAN'T GET MORE RELEVANT THAN THAT.
RELEVANCE ISN' THE ONLY ISSUE HERE.
BY LAW,THE COURT CAN'T LET THE PRIOR CONVICTION IN AS EVIDENCE BECAUSE IT IS TOO PREJUDICIAL.
OF COURSE,IT'S PREJUDICIAL.
WE'RE TRYING TO CONVICT HIM.
BUT IT'S NOT OVERLY OR UNFAIRLY PREJUDICIAL.
AND LET ME ADD - MR.
GRAVES CERTAINLY THOUGHT THE FIRST MURDER WAS RELEVANT WHEN HE PROSECUTED IT.
YOUR HONOR, I'M NOT IN A POSITION TO DEFEND WHAT I DID 15 YEARS AGO,AND I WON'T.
WHAT I WILL DEFEND IS MY CLIENT'S RIGH TO BE JUDGED ON THE FACTS OF THIS CASE AND NOT ANYTHING ELSE.
THE PRIOR CONVICTION IS RELEVANT BUT IT'S ALSO PREJUDICIAL TOO PREJUDICIAL.
I WORRY THAT THE JURY WILL CONVICT BASED ON I INSTEAD OF ON THE FACTS OF THIS MURDER.
I'M DOING YOU A FAVOR, MR.
KELLER.
I'M SAVING YOU FROM LOSING A CONVICTION ON APPEAL.
THE PRIOR CONVICTION WILL BE EXCLUDED FOR THE TRIAL.
BY DEFENDING A GUY YOU PUT AWAY, ISN'T IT LIKE PISSING ON YOUR OWN WORK? YOU'RE WORSE THAN A DEFENSE LAWYER.
YOU'RE A TRAITOR.
WINNING THE MOTION HELPS US WIN THE TRIAL.
IF WE'D LOST, SHE'D HAVE STAYED.
ALMOST WISH WE'D LOST.
HOW CLOSE WERE YOU TO THE WINDOW WHEN YOU LOOKED THROUGH IT? ABOUT 10 FEET AWAY.
MR.
BECK,CAN YOU INDICATE ON THIS DIAGRAM WHERE EXACTLY YOU WERE? HERE.
LET THE RECORD REFLECT YOU MARKED YOUR POSITION ON DEFENSE EXHIBIT 53.
WHAT TIME OF DAY WAS IT? IT'S IN MY LOGS-12:15.
I THINK YOU'RE WRONG.
WE TALKED TO OTHER CUSTOMERS ON YOUR ROUTE.
BASED ON THEIR STATEMENTS AND YOUR OWN RECORDS, YOU DIDN'T ARRIVE AT THE APARTMENT UNTIL 12:45.
THAT DOESN'T CHANGE WHAT I SAW.
YOU'RE WRONG ABOUT THAT,TOO.
IF YOU WERE STANDING ON THAT SPOT AT 12:30 OR LATER, THIS IS WHAT YOUR VIEW OF THAT WINDOW WOULD HAVE BEEN.
THERE WOULD HAVE BEEN A GLARE PREVENTING YOU FROM LOOKING INSIDE.
I'M TELLING YOU, I SAW WHAT I SAW.
YOU DON'T SEEM TO LIKE THE IDEA OF BEING WRONG.
OBJECTION.
SUSTAINED.
THE FIRST TIME YOU SAW MY CLIEN WAS WHEN THE POLICE HAD HIM HANDCUFFED AT THE APARTMENT COMPLEX AND THEY ASKED YOU IF THIS WAS THE MAN THAT YOU ALLEGEDLY SAW.
NO,THE FIRST TIME I SAW YOUR CLIEN WAS AT SLOAN'S APARTMEN WHILE HE WAS KILLING HIM.
YOU'RE WRONG.
YOU JUS WON'T ADMIT YOU'RE WRONG.
IT WAS HIM.
WHY WOULD I LIE ABOUT IT? HMM.
NOW I DIDN'T BRING UP MOTIVE TO LIE,MR.
BECK.
BUT SINCE YOU DID, LET'S TALK ABOUT THAT.
WHAT DAY OF THE MONTH DID YOU COME BY THE APARTMENT TO READ THE METER? THE 15th.
SO WHAT? THAT WAS THE DAY THAT MR.
SLOAN COLLECTED RENT MONEY.
NOW YOU KNEW HE HAD ALL THAT CASH,DIDN'T YOU? WHAT ARE YOU SAYING, I DID IT? WHOEVER KILLED MR.
SLOAN KNEW ABOUT THE MONEY, ABOUT THE BUILDING.
YOU DID.
YOU CHECKED THE METER THE SAME DAY EVERY MONTH- RENT DAY.
AND YOU HAD THE PERFEC EXCUSE TO BE THERE.
AFTER YOU FOUND OUT THE POLICE SUSPECTED MY CLIENT, YOU KNEW YOU HAD A FALL GUY FOR THE MURDER,TOO.
OBJECTION.
WITHDRAWN.
I WAS JUST SHOWING THE JURY HOW EASY IT IS TO ACCUSE A MAN OF DOING SOMETHING HE DIDN'T DO.
NO FURTHER QUESTIONS.
ARE YOU CRAZY? I'LL HANDCUFF YOU TO THAT CHAIR BEFORE I LET YOU TESTIFY.
WE DESTROYED THAT EYEWITNESS.
WE KEPT YOUR PRIOR CONVICTION OUT.
WE PICKED A GOOD JURY.
THEY DIDN'T FOLLOW THE CASE BEFORE.
THEY DON'T KNOW ABOU YOUR PAST.
WE CAN WIN.
I'M GONNA TESTIFY.
YOUR OWN JURY CONSULTAN SAID THE LAST JURY WANTED TO HEAR FROM ME.
YOU CAN'T.
IF KELLER ASKS YOU ANYTHING ABOUT THE MURDER WEAPON, YOU'LL HAVE TO SAY YOU MOVED IT.
YOU WON'T BE ABLE TO EXPLAIN WHY WITHOUT TELLING THE JURY THA YOU WERE CONVICTED OF MURDER,AND YOU WERE AFRAID OF BEING FRAMED.
I WAS FRAMED THIS TIME.
YOU CAN TELL 'EM I WAS INNOCENT BEFORE.
NO,WE CAN'T.
LEGALLY, YOUR CONVICTION'S STILL VALID.
EVEN THEN,OUR CHANCES OF WINNING THIS CASE ARE ZERO.
MY LAST LAWYER TOLD ME NOT TO TALK.
YOU KNOW WHAT IT FEELS LIKE TO GE CONVICTED AND NOT EVEN HAVE YOUR SAY? I AM NOT GOING DOWN LOOKING THIS TIME.
I'M TAKING MY SWING.
YOU ARE MAKING A MISTAKE.
YEAH,WELL,AT LEAST THIS ONE WILL BE MY FAULT.
GREAT.
IT'LL BE A GREAT COMFORT TO YOU WHEN THEY STRAP YOU TO THE GURNEY AND GIVE YOU THE NEEDLE.
IN EVERY CRIMINAL CASE, BEFORE THE DEFENSE IS ALLOWED TO REST, I'M REQUIRED BY LAW TO ASK THE DEFENDANT DIRECTLY, WITHOUT THE JURY PRESENT, IF HE WISHES TO TESTIFY IN HIS OWN BEHALF.
THIS IS CALLED A ROBLES HEARING.
MR.
GRAVES,HAVE YOU ADVISED YOUR CLIENT ON HIS RIGHT TO TESTIFY? I HAVE ADVISED HIM NOT TO TESTIFY.
I WANT TO TESTIFY.
MR.
GRAVES IS A FINE LAWYER,SIR.
YOU SHOULD LISTEN TO HIM.
THIS IS MY DECISION, NOT HIS.
VERY WELL.
CALL THE JURY DOWN.
YOU DISLIKED MR.
SLOAN? THAT'S TRUE.
I DON'T DENY THAT.
YOU ALSO ADMIT YOU TWO DID ARGUE THAT DAY.
YES,OVER THE FACT THAT HE WANTED TO ILLEGALLY RAISE MY RENT.
DID IT GET PHYSICAL? NO.
NO,I NEVER TOUCHED HIM THAT DAY OR ANY DAY.
I NEVER KILLED HIM.
YOU DIDN' LIKE MR.
SLOAN.
DID YOU LIKE THE APARTMENT? NOT REALLY.
IT-IT'S PRETTY RUN-DOWN.
SO WHY NOT MOVE? OBJECTION.
RELEVANCE.
THIS IS CROSS-EXAMINATION.
I'M ALLOWED TO QUESTION HIS STORY.
ONCE THE DEFENDAN TAKES THE STAND, HE COULD BE CROSS-EXAMINED LIKE ANY OTHER WITNESS.
ANSWER THE QUESTION IF YOU CAN.
I COULDN'T FIND ANOTHER PLACE.
REALLY? IN ALL OF LOS ANGELES? KELLER'S GOOD.
HE'S BITING AROUND THE EDGES OF JOSHUA'S CONVICTION BUT NOT GOING OVER THE LINE.
AND HE'S MAKING ME OBJECT.
MEANWHILE,THE JURY THINKS WE'RE HIDING SOMETHING RELEVANT.
SO YOU KNEW HE WAS COLLECTING MONEY FROM OTHER TENANTS THAT DAY? IT WAS THE DAY HE COLLECTED RENT.
HE COLLECTED CASH? WELL,THAT'S HOW HE WANTED US TO PAY HIM.
SO HE HAD THOUSANDS OF DOLLARS.
THAT'S A LOT OF MONEY.
YOU HAVEN'T MADE MUCH MONEY A ALL IN THE LAST 15 YEARS, HAVE YOU? WHY IS THAT? OBJECTION.
GOES TO MOTIVE-ROBBERY.
OVERRULED,MR.
GRAVES.
DID YOU ROB HIM AND KILL HIM FOR THE RENT MONEY? NO.
BUT YOU NEEDED MONEY.
YOU HAVEN' WORKED IN 15 YEARS.
OBJECTION! AGAIN,GOES TO HIS MOTIVE TO ROB AND KILL THE VICTIM.
I'M ENTITLED TO THIS LINE OF QUESTIONING.
OVERRULED.
I DIDN'T KILL FOR IT.
SO YOU KEEP CLAIMING.
DID YOU HAVE A MOTIVE TO ROB HIM OR NOT? NO.
BECAUSE YOU HAVE MONEY? FROM WHERE? YOU HAVE A CHILD A DAUGHTER.
DID YOU BORROW MONEY FROM HER? OBJECTION.
RELEVANCE.
GOES TO MOTIVE.
OVERRULED.
I DON'T SPEAK WITH MY DAUGHTER.
SHE DOESN'T SPEAK TO ME.
IS THAT BECAUSE YOU ASKED HER FOR MONEY BEFORE, OR DOES IT HAVE TO DO WITH THE DEATH OF HER MOM? OBJECTION! SUSTAINED.
IT SEEMS LIKE YOUR LAWYER DOESN'T WANT YOU TO ANSWER ANY QUESTIONS TODAY.
OBJECTION.
SEE WHAT I MEAN? NOTHING FURTHER.
WE DON'T HAVE ANY MORE WITNESSES.
YOUR PAROLE OFFICER WANTS TO TESTIFY, BUT I CAN'T PUT HIM ON WITHOUT THE JURY HEARING ABOUT YOUR PRIOR CONVICTION.
THEN YOU'LL WIN WITH YOUR CLOSING.
I'VE SEEN YOU DO IT BEFORE.
YOU CAN BE VERY PERSUASIVE.
SOMETIMES I CAN.
MR.
GRAVES TOLD ME WHAT HAPPENED THE NIGHT MY MOTHER DIED.
BUT WHY DON' YOU TELL ME? WHAT THE HELL IS THIS? AND GOOD EVENING TO YOU,TOO,ALDEN.
YOU CAN'T FILE THAT,LUTHER.
SURE I CAN.
IT'S A PETITION FOR CORAM NOBIS.
IT'S WHAT YOU FILE TO GET A CONVICTION EXPUNGED WHEN A MAN HAS COMPLETED HIS SENTENCE.
THEN LET US FILE IT FOR YOU.
THE WAY YOU WROTE IT, YOU MAKE IT SOUND LIKE HIS FIRST CONVICTION WAS YOUR FAULT.
IT WASN'T.
IF ANYBODY WAS TO BLAME, IT WAS HIS FIRST DEFENSE LAWYER OR THE POLICE,BUT NOT YOU.
YOU DID YOUR JOB.
IF YOU FILE IT THE WAY YOU WROTE IT, IT'LL TARNISH YOUR REPUTATION.
I DON'T CARE ABOUT THAT.
WE DO.
YOU'RE A GREAT LAWYER AND A GREAT MAN, AND WE'RE NOT GONNA LET ANYONE QUESTION THAT,NOT EVEN YOU.
IF YOU FILE THIS, I SWEAR TO GOD, I'LL FILE AN AMICUS MOTION AGAINST IT.
AND I'LL WIN.
YOU KNOW I WILL.
YOU KNOW,DOCTORS GET TO BURY THEIR MISTAKES,LUTHER.
LAWYERS HAVE TO LIVE WITH THEM.
ANYWAY,YOU CAN' CHANGE THE LAST TRIAL, SO JUST MAKE SURE YOU WIN THIS ONE.
THE TRUTH? YOU DIDN'T GET THA FROM THE DEFENDANT.
YOU KNOW YOU DIDN'T.
HE DIDN'T NEED TO TESTIFY, BUT ONCE HE DID, YOU'RE TO JUDGE HIM LIKE ANY OTHER WITNESS.
WHAT WAS HE TRYING TO HIDE? HE HAD MOTIVE, OPPORTUNITY,ACCESS.
HE'S A KILLER.
HE'S GUILTY.
CONVICT HIM.
THE D.
A.
HAS TO PROVE MY CLIENT'S GUILT.
THAT IS HIS CROSS TO BEAR.
I USED TO CARRY IT.
I KNOW WHAT A HEAVY BURDEN IT IS.
THE D.
A.
TRIED BUT HE DID NOT PROVE HIS CASE BEYOND A REASONABLE DOUBT.
BUT THAT DOESN'T MEAN THA THE D.
A.
HAS TO LOSE THIS CASE.
THE SUPREME COURT SAID PROSECUTORS WIN WHEN JUSTICE IS DONE.
GETTING THE WRONG PERSON CONVICTED IS NOT A WIN.
IT IS THE WORS LOSS IN THE WORLD.
D.
A.
s FORGET THAT.
BUT THAT IS WHY WE HAVE JURIES, SO THAT YOU CAN REMIND THEM.
LAST NIGHT,THE LAKERS WERE DOWN BY 2.
THERE WAS NO TIME LEFT.
KOBE IS YELLING FOR THE BALL.
ALL THE GREA ONES ARE LIKE THAT.
THEY WANT THE BALL A THE END WHEN IT COUNTS.
YOU DON'T,THOUGH.
SURE I DO.
YOU SHOULD, BUT YOU'RE STILL NOT SURE YOU WANNA SINK THE WINNING SHO FOR THIS TEAM.
WE NEED YOU MORE THAN THEY DO.
THE PROSECUTOR - HE'S GOT ALL THE MANPOWER, AND THEY'RE SO DAMN POPULAR.
PEOPLE LOVE PROSECUTORS, WHICH IS WHY THE D.
A.
WINS OVER 90% OF THE TIME.
BUT THEY ACT LIKE THEY'RE THE UNDERDOGS, AND THE PEOPLE BELIEVE IT UNTIL IT'S THEM ON TRIAL OR THEIR FATHER OR SON.
JUSTICE NEEDS YOU A LO MORE THAN THE D.
A.
DOES.
WILL THE DEFENDAN PLEASE RISE? MEMBERS OF THE JURY, AS TO THE CHARGE OF MURDER IN THE FIRST DEGREE, YOU HAVE RETURNED THE FOLLOWING VERDICT- "WE,THE JURY, "FIND THE DEFENDAN JOSHUA MORTIN NOT GUILTY.
" IF YOU WANT,MY PARTNERS AND I WILL FILE A MOTION TO GET YOU DECLARED INNOCEN OF YOUR WIFE'S MURDER.
NO,LET IT GO.
LIKE YOU SAID,THAT CASE IS OVER.
IT'S TIME TO MOVE ON FOR THE BOTH OF US.
THANK YOU.
GREAT,NO CAMERAS.
WE WIN THE CASE, BUT WE DON'T GET THE MONEY SHOT.
AND DON'T FORGET, UH,WE DIDN'T GET PAID,RON IT'S A TRAGEDY ALL AROUND.
THANKS.
THAT'S HELPFUL.
YOU TRIED A GREAT CASE.
YOU SHOULD CHECK OUT THE METER MAN.
I THINK HE'S A VIABLE SUSPECT.
YOU ARE CERTAINLY NO A PROSECUTOR ANYMORE.
YOU JUST GOT A CONVICTED KILLER OFF FOR HIS SECOND MURDER.
YOU'RE NOTHING BU A DEFENSE WHORE.
SO NOW YOU'RE ONE OF US.
LET'S JUST BE GLAD THE D.
A.
NEVER ASKED ABOUT THE BRICK.
THANKS.
THE DEATH OF MAX SLOAN
I'VE BEEN WAITING.
I NEED SOME HELP,PLEASE.
ONE MOMENT,PLEASE.
MAYBE I CAN HELP YOU.
I'M TOM NICHOLSON.
NO,THANK YOU,MR.
NICHOLSON.
I WANT TO SEE LUTHER GRAVES.
I SEE.
IS,UH,MR.
GRAVES EXPECTING YOU? NO.
ARE YOU A FRIEND OF HIS? MY NAME IS JOSHUA MORTIN.
MR.
GRAVES HANDLED MY LAST CASE.
I'M SURE MR.
GRAVES MUST BE BUSY, SO I'LL WAIT.
TELL HIM I'LL WAI AS LONG AS IT TAKES.
CAN'T GO? THESE ARE COURTSIDE SEATS, LUTHER,ON-CAMERA.
I CAN'T,RON.
I HAVE PARENT/TEACHER CONFERENCES TONIGHT.
I DON'T LIKE TO MISS THINGS FOR MY KIDS.
AND BESIDES, I'M A CLIPPERS FAN.
YES,BUT PEOPLE ACTUALLY WATCH THE LAKERS.
YOU KNOW HOW MANY CLIENTS I'VE GOTTEN JUST BECAUSE PEOPLE SEE ME COURTSIDE AT LAKERS GAMES? WE ALL APPRECIATE HOW YOU SACRIFICE FOR THE FIRM,RON.
HEY,LUTHER,YOU KNOW A GUY NAMED JOSHUA MORTIN? HE'S HERE TO SEE YOU.
I'M CALLING THE POLICE.
UH,DON'T.
WE HAVE TO.
MORTIN IS PROBABLY HERE TO KILL YOU.
OKAY.
WHO'S JOSHUA MORTIN? HE'S A COLD-BLOODED KILLER.
BEAT HIS WIFE TO DEATH WITH HIS BARE HANDS.
LUTHER IS THE D.
A.
WHO CONVICTED HIM.
MORTIN SENT LETTERS FROM SAN QUENTIN SWEARING TO KILL LUTHER.
THAT WAS A LONG TIME AGO.
I HAVEN'T GOTTEN A LETTER FROM MORTIN IN YEARS.
MAYBE HE RAN OUT OF STAMPS.
LOOK,IF HE WANTED TO KILL ME, HE WOULDN'T DO IT HERE.
HE'D WAIT TILL NO ONE IS AROUND.
UNLESS HE WANTS TO MAKE A POINT.
DID YOU GET A RESTRAINING ORDER ON HIM? I DID.
IT LAPSED.
I COULDN'T REAPPLY FOR ONE AFTER HE STOPPED WRITING.
THE THREATS WERE TOO OLD.
I AM GOING TO SEE HIM.
WHY NOT CALL THE COPS? BECAUSE HE HASN'T DONE ANYTHING WRONG YET.
LOOK,I'VE HAD GUYS I'VE CONVICTED SHOW UP BEFORE.
THEY JUST WANT TO SHOW ME HOW TOUGH THEY ARE.
IF HE SEES THE POLICE, HE'S GONNA THINK I'M SCARED.
HE'LL NEVER LEAVE ME ALONE.
THERE'S ONLY ONE WAY TO DEAL WITH HIM,FACE HIM.
LET'S MAKE SURE SECURITY'S WATCHING.
IF HE TRIES ANYTHING, WE CAN USE IT TO GET A PERMANENT RESTRAINING ORDER.
TELL THE RECEPTIONIS TO TAKE HER BREAK.
WE DON'T NEED HER THERE.
IF IT'S TOO DANGEROUS FOR HER, IT'S TOO DANGEROUS FOR YOU.
LUTHER,WE CAN ALWAYS GET A NEW RECEPTIONIST.
YOU,WE NEED.
LE ME CALL THE POLICE.
I LOVE YOU,TOO,RON.
GET ME THE POLICE.
NOW.
MR.
GRAVES.
IF YOU BELIEVE IN THE LEGAL SYSTEM, YOU SHOULD SHAKE MY HAND.
REALLY? HOW DO YOU FIGURE THAT? SERVED MY TIME PAID MY DEBT EVEN THOUGH I DIDN'T OWE A DEBT.
JURY DISAGREED.
THAT'S BECAUSE YOU CONVINCED THEM.
SEE,I WAS IN COURT.
ANY LAWYER CAN CONVICT A GUILTY MAN BUT TO CONVICT AN INNOCEN ONE, NOW THAT TAKES SOME SKILL.
IS THAT WHY YOU'RE HERE, TO TELL ME THAT YOU'RE INNOCENT? ACCORDING TO THE CALIFORNIA DEPARTMENT OF JUSTICE DATABASE, MORTIN WAS PAROLED FOR GOOD BEHAVIOR TWO MONTHS AGO.
HELLO? YES? YEAH,I'M STILL HERE.
I TOLD YOU BEFORE,THERE'S A MAN NAMED JOSHUA MORTIN IN OUR OFFICE.
YOU'RE ALREADY LOOKING FOR HIM? THERE'S AN ARREST WARRAN OUT FOR MORTIN-MURDER.
LOOK,YOU DID YOUR TIME.
YOUR CASE IS OVER.
GO ON WITH YOUR LIFE.
BEEN TRYING TO,BELIEVE ME.
BUT I CAN'T.
I CAN'T FIND WORK.
I CAN'T FIND A DECENT PLACE TO LIVE.
NOW YOU NEED TO HELP ME.
THERE'S A MAN NAMED MAX SLOAN-MY LANDLORD.
I ARGUED WITH SLOAN IN THE MORNING BEFORE I LEFT THE BUILDING.
WHEN I CAME BACK LATER, HIS APARTMENT DOOR WAS OPEN, AND I SAW HIM DEAD.
I DIDN'T DO IT.
I DIDN'T ASK.
IF THAT'S ALL THERE IS, AND YOU DIDN'T DO IT, THEN YOU SHOULDN'T HAVE ANYTHING TO WORRY ABOUT.
I USED TO BELIEVE THAT.
BUT NOW I KNOW HOW THE SYSTEM WORKS.
I'M THE ONLY CONVICT IN THE APARTMENT BUILDING.
THAT'S WHY THEY'RE GONNA COME FOR ME.
YOU WOULD IF YOU WERE STILL A D.
A.
WOULD I INVESTIGATE YOU? YES.
IS THAT PARTLY BECAUSE YOU KILLED YOUR WIFE? YES.
WILL I DEFEND YOU? NO.
DON'T DO IT FOR ME.
DO IT FOR HER.
THAT'S MY DAUGHTER DEBRA.
THE LAST TIME I SAW HER, SHE LOOKED LIKE THAT.
SHE'S 25 NOW HASN'T SPOKEN TO ME IN 15 YEARS.
YOU BLAME HER FOR THAT.
NO.
NO,I DON'T BLAME HER.
NO,SHE THINKS I KILLED HER MOTHER.
YOUR BEING WRONG ABOUT THA DIDN'T JUST DESTROY MY LIFE.
IT DESTROYED MY FAMILY.
HEY,GUYS,TAKE IT EASY.
THE MAN'S JUST HERE TO SEE A LAWYER.
JOSHUA MORTIN? YES,I'M JOSHUA MORTIN.
YOU OWE ME,MR.
GRAVES.
JOSHUA MORTIN, YOU'RE UNDER ARREST FOR THE MURDER OF MAX SLOAN TURN AROUND,SIR.
SPREAD YOUR LEGS FOR ME,SIR.
I'M INVOKING MY RIGHT TO REMAIN SILEN AND TO CONSUL WITH AN ATTORNEY- MR.
LUTHER GRAVES.
OKAY,LET'S GO.
CONVICTED KILLER JOSHUA MORTIN KILLS AGAIN.
PROSECUTOR J.
D.
KELLER HAS PROMISED THE VICTIM'S FAMILY A QUICK TRIAL AND SWIFT JUSTICE.
LANDLORD MAX SLOAN WAS BRUTALLY BEATENWITH A BLUNT OBJECT.
POLICE HAVE NOT YE FOUND THE MURDER WEAPON.
I TALKED TO MY FRIENDS AT THE L.
A.
P.
D.
THEY'VE GOT AN EYEWITNESS.
THE MAN'S NAME IS ALAN BECK.
HE SAW MORTIN BEAT SLOAN TO DEATH.
YOU SOUND RELIEVED.
NOT RELIEVED,VALIDATED.
I TOLD YOU MORTIN WAS A KILLER.
THEY CAN ALSO PROVE MOTIVE.
SLOAN COLLECTED RENT THAT DAY -$9,000.
IT'S MISSING.
THE D.
A.
's STORY IS CLEAN,SIMPLE- UNEMPLOYED EX-CON ROBS AND KILLS LANDLORD FOR MONEY.
SO WHAT'S OUR STORY GOING TO BE? WE DON'T NEED A STORY.
WE'RE NOT DOING THIS CASE.
OF COURSE WE ARE.
D.
A.
WHO PROSECUTED MORTIN IS NOW DEFENDING HIM? THAT'S A GREAT STORY.
LOTS OF MEDIA HEAT.
MORE HEAT,MORE CLIENTS.
IT'S GOOD FOR US, AND IT'S GOOD FOR MORTIN.
I DON'T WAN MORTIN KILLED BEFORE.
HE KILLED AGAIN.
LET'S DEFEND AN INNOCENT MAN.
THREE OF US WANT TO DO IT.
THIS IS THE KIND OF CASE DEFENSE LAWYERS LIVE FOR.
THIS GUY NEEDS US,LUTHER.
HAVE YOU SEEN THE PRESS? THEY'RE CONVICTING HIM BECAUSE OF A 15-YEAR-OLD CASE.
THAT VIOLATES EVERY CONCEPT OF DUE PROCESS.
JOSHUA KNEW THE POLICE WERE LOOKING FOR HIM,BUT HE DIDN'T RUN.
HE CAME TO SEE YOU.
HE WAITED TO SEE YOU BECAUSE HE WANTS TO FIGHT THIS.
NOW AN INNOCENT MAN DOES THAT.
OR A GUILTY ONE.
THE COPS CAME INTO OUR HOUSE AND TOOK JOSHUA DOWN HARD RIGHT IN FRONT OF US.
WE CAN'T LET 'EM GET AWAY WITH THAT.
I ASKED MY PAROLE OFFICER TO BRING THESE.
THE LAST ONES WERE TAKEN ON DEBRA'S 10th BIRTHDAY.
THE NIGHT HER MOM DIED, I WENT OUT TO GET HER MEDICINE FOR AN EARACHE.
I CAME BACK, HER MOM WAS DEAD.
YOU GOT KIDS? MR.
GRAVES? YOU SPEND TIME WITH 'EM? YOU'RE A LUCKY MAN.
I KNOW THE FACTS OF YOUR OLD CASE.
NOW LET'S FOCUS ON YOUR NEW CASE.
THE D.
A.
HAS A WITNESS WHO SAW YOU BEAT SLOAN TO DEATH.
SO WHAT'S YOUR STORY? I HAVE AN ALIBI.
CALL MY PAROLE OFFICER BEN HORNER.
I WAS OU LOOKING FOR WORK.
HE'LL BACK ME UP WHEN I TESTIFY.
TESTIFYING'S A BIG DECISION.
IT'S PROBABLY THE BIGGEST ONE YOU'LL MAKE.
WE DON'T NEED TO DECIDE YET.
IN MY LAST CASE, I HAD AN INCOMPETENT LAWYER WHO TOLD ME NOT TO TESTIFY, AND I LISTENED TO HIM AND GOT CONVICTED.
THIS TIME,I TESTIFY.
HE'S PRETTY EAGER TO TELL THE JURY HE'S INNOCENT.
THEY ALL SAY THEY'RE INNOCENT.
YEAH,BUT THIS ONE SOUNDS INNOCENT.
DID HE SOUND LIKE THIS WHEN YOU CONVICTED HIM? I NEVER TALKED TO HIM.
I WAS THE D.
A.
BY LAW, I COULDN' TALK TO HIM.
SO MAYBE HE WAS INNOCEN THE FIRST TIME,TOO.
WHAT ARE YOU SAYING, THAT I CONVICTED AN INNOCENT MAN? IS THAT WHA YOU'RE ASKING ME? AREN'T YOU ASKING IT YOURSELF? NO,I'M NOT.
JOSHUA'S DAUGHTER WOULDN'T RETURN OUR CALLS, BUT HE SAID YOU'D BE ABLE TO GIVE HIM AN ALIBI.
I CAN,SORT OF.
I TALKED TO HIM ON THE PHONE AROUND THE TIME OF THE MURDER.
HE WAS LOOKING FOR WORK IN HIS OLD FIELD- HE HANDLED CLAIMS FOR AN INSURANCE COMPANY- BUT NOBODY HIRES EX-CONS.
SO YOU WEREN'T WITH HIM AT THE TIME OF THE MURDER? NO,BUT I DON'T THINK JOSHUA KILLED SLOAN, EVEN THOUGH HE HAD REASON TO.
SORRY? WHA DOES THAT MEAN? SLOAN WAS A JERK.
HE DIDN'T EVEN KNOW JOSHUA WAS A CONVIC UNTIL I CAME BY TO CHECK ON HIM.
ONCE SLOAN KNEW, HE WANTED TO EVICT HIM.
BUT JOSHUA PAID HIS RENT, SO HE COULDN'T.
SLOAN DIDN'T LIKE THE FAC THAT JOSHUA KNEW HIS RIGHTS AND WOULDN'T BE PUSHED AROUND.
COULD ANYBODY ELSE IN THE BUILDING HAVE DONE THIS? MAYBE.
I MEAN, EVERYBODY KNEW THA SLOAN HAD A TON OF CASH ON RENT DAY.
REALLY? YEAH.
SO WHY DID THE POLICE ONLY FOCUS ON MORTIN? YOU KNOW WHY.
HE HAD A RECORD.
I ALWAYS WARN MY GUYS, IF ANYTHING BAD EVER HAPPENS, THEY'LL ALWAYS BE BLAMED.
HIS PAROLE OFFICER WANTS TO TESTIFY, BUT HE CAN ONLY GIVE US A SOFT ALIBI.
HE WASN'T ACTUALLY WITH MORTIN AT THE TIME OF THE MURDER.
WE COULDN'T CALL A PAROLE OFFICER ANYWAY, NOT WITHOUT TELLING THE JURY ABOU MORTIN'S PRIOR CRIMINAL HISTORY.
WHAT ABOUT DEFENSE WITNESSES? DO WE HAVE ANYONE WE CAN CALL? I TRIED CALLING HIS DAUGHTER, BUT SHE WON'T TALK TO US.
SO SHE'S OUT.
BUT STILL,THE D.
A.
DOESN'T HAVE A GREAT CASE.
I MEAN,THEY DON'T EVEN HAVE A MURDER WEAPON.
THEY REALLY ONLY GOT ONE WITNESS.
AN EYEWITNESS.
I'VE CONVICTED PLENTY OF GUYS WITH ONE EYEWITNESS.
BUT EYEWITNESSES CAN BE WRONG, SO I WILL TAKE CHARGE AND LOOK INTO THIS ONE.
THE D.
A.
HAS A WITNESS, ALAN BECK,A GAS METER READER.
HE IDENTIFIES OUR CLIENT AS THE KILLER.
AT TRIAL,WE NEED TO SHOW THA BECK I.
D.
'ed THE WRONG MAN.
NOW WHEN I WAS A D.
A.
, THEY DIDN'T HAVE LINE-UPS WITH ALL THE SUSPECTS.
THEY HAD SHOW-UPS.
A SHOW-UP MEANS THAT THE POLICE ARRESTED MORTIN AT TNT&G, THEN TOOK HIM BACK TO THE SCENE OF THE CRIME SO THE EYEWITNESS ALAN BECK COULD SEE MORTIN IN HANDCUFFS.
THIS MAKES MORTIN LOOK LIKE THE KILLER.
WHEN THE POLICE ASKED BECK TO I.
D.
THE KILLER FROM PHOTOS, THE PICTURE BECK HAS IN HIS MIND IS OF JOSHUA MORTIN.
IT'S LEGAL,BUT IT LEADS TO FALSE IDENTIFICATIONS AND GETS MEN ACCUSED AND CONVICTED OF CRIMES THEY DID NOT COMMIT.
THIS TRIAL IS GOING TO COME DOWN TO THIS WITNESS.
LET'S SEE IF WE CAN PROVE THAT THE POLICE CAUSED HIM TO IDENTIFY THE WRONG MAN.
GO.
WHERE EXACTLY DID ALAN BECK, THE EYEWITNESS,SAY HE WAS WHEN HE SAW THE MURDER? HERE.
BECK SAID HE WAS GONNA READ THE GAS METER AT THE BACK OF THE BUILDING.
HE DOES IT AT THE SAME DAY AND TIME EVERY MONTH.
HE SAID HE WATCHED THROUGH THE WINDOW AS MORTIN KILLED SLOAN.
ALL RIGHT.
WELL,LET'S CHECK IT OUT.
WHAT CAN YOU SEE? EVERYTHING.
LAWYERS OFTEN GO BACK AND TALK TO JURORS IN THEIR OLD CASES TO LEARN HOW THEY CAN IMPROVE.
MR.
GRAVES PROSECUTED MR.
MORTIN.
NOW HE'S DEFENDING HIM.
ANYTHING THAT YOU CAN DO TO HELP US WOULD BE GREAT.
SO WHY DID YOU VOTE TO CONVIC JOSHUA MORTIN OF KILLING HIS WIFE? CAN YOU TELL US? THE EVIDENCE.
IT WASN' OVERWHELMING,BUT IT WAS ENOUGH.
MR.
GRAVES PROVED HIS CASE.
HE WAS GREAT IN TRIAL.
WHAT ABOUT THE DEFENSE LAWYER? DID YOU HAVE AN OPINION OF HIM? HE WAS JUST OKAY.
HE STUNK.
THA GUY WAS TERRIBLE.
I DIDN'T BELIEVE A WORD HE SAID.
I CAN'T BELIEVE THIS.
I SPENT TWO WEEKS TRYING THE CASE- STARING AT THEM, TRYING TO READ THEIR MINDS.
I DON'T EVEN RECOGNIZE THEM.
THEY REMEMBER YOU.
DID YOU HEAR WHAT THEY SAID? THEY THOUGHT YOU WERE GREAT, THAT YOU TRIED A GREAT CASE.
OR I WAS JUST BETTER THAN MORTIN'S LAWYER.
THE JURY HATED HIM,WHICH MEANS JOSHUA HAD NO DEFENSE.
WAS THERE ANY EVIDENCE THAT YOU WISH YOU'D HEARD OR ANYTHING YOU WISH THE LAWYERS HAD DONE OR NOT DONE? WELL,I WISH MORTIN HAD GOTTEN ON THE STAND AND TOLD US WHAT HAPPENED.
WELL,IN THE TRIAL TRANSCRIPT, I SAW THAT HIS LAWYER ARGUED THAT MORTIN LEFT THE HOUSE THA NIGHT TO GET HIS DAUGHTER MEDICINE.
HIS LAWYER SAID THAT MORTIN WASN' AT HOME WHEN HIS WIFE WAS KILLED.
MORTIN SHOULD HAVE TOLD US HIMSELF.
IF HE DIDN'T DO IT, WHY NOT SAY SO? THE JUDGE INSTRUCTED THEM MORTIN HAD A RIGHT NOT TO TESTIFY.
BY LAW,THEY WEREN'T SUPPOSED TO HOLD THAT AGAINST HIM.
BUT THEY DID.
IT HAPPENS.
IT'S THE RISK YOU TAKE WHEN YOU DON'T PUT THE DEFENDANT ON THE STAND.
THEY SWORE THEY WOULD PUT IT OUT OF THEIR MINDS, BUT IN THEIR HEARTS, AN INNOCENT MAN WOULD TESTIFY.
A GUILTY MAN WOULDN'T.
HE CAN'T TESTIFY THIS TIME.
IF HE DOES,HIS PRIOR CONVICTION COULD COME OUT.
HE WANTS TO TESTIFY THIS TIME.
LET'S JUST MAKE SURE HE DOESN'T HAVE TO.
HEY.
HEY.
CAN YOU DO ME A FAVOR?ANYTHING.
CAN YOU TAKE A LOOK AT THIS? MY OLD D.
A.
CASE FILE FROM MORTIN'S FIRST MURDER TRIAL.
CHECK IT FOR PROCEDURAL ERRORS, ANYTHING WE CAN USE TO GET THE PRIOR CONVICTION EXCLUDED.
LOOK,YOU'RE A GREAT LAWYER.
IF THERE WAS A PROBLEM, YOU WOULD HAVE FOUND IT.
I JUST WANT TO MAKE SURE.
GOOD TRIAL LAWYERS,THEY NEVER HANDLE THEIR OWN APPEALS.
THEY GET FRESH EYES TO LOOK AT THINGS FOR THEM, SEE IF THEY MISSED ANYTHING.
FORGET WE'RE PARTNERS.
JUST TREAT IT LIKE ANY OTHER FILE.
WE'RE DOING JOSHUA'S CASE FOR FREE? SURE.
IT'S AN INVESTMEN IN LUTHER,AND A GOOD ONE.
HE'S ALREADY SHOWING SIGNS OF GROWTH.
DID YOU HEAR HIM ADMIT D.
A.
EYEWITNESSES CAN BE WRONG? YEAH.
SO? SO UP UNTIL NOW, THE MAN WASN'T PREPARED TO DO EVERYTHING DEFENSE LAWYERS HAVE TO DO.
YES,HE DOES GREAT WORK, BU HE'S NOT COMFORTABLE HERE.
HE WON'T SCHMOOZE CLIENTS OR DO PRESS.
HE STILL THINKS HE CAN GO BACK TO THE D.
A.
's OFFICE ONE DAY.
WELL,IF THAT'S WHAT HE WANTS, MAYBE HE WILL.
MAYBE HE SHOULD.
HE WON'T BE ABLE TO AFTER THIS.
HE'S ALREADY STARTING TO QUESTION MORTIN'S FIRST CONVICTION BECAUSE HE'S NOW THINKING LIKE A DEFENSE LAWYER.
YOU CAN NEVER GO HOME AGAIN.
YOU KNOW WHY? BECAUSE THEY NEVER FORGIVE YOU FOR LEAVING.
HERE ARE OUR JURY INSTRUCTIONS, AND AS THE PROSECUTOR IN THIS CASE, I'M GIVING YOU OFFICIAL NOTICE THAT WE'RE MOVING TO INTRODUCE EVIDENCE OF MORTIN'S FIRS MURDER CONVICTION IN OUR CASE-IN-CHIEF.
I FIGURED YOU WOULD.
YOU SEEM UPSET,LUTHER.
YOUR PARTNERS MAKING YOU DO THIS CASE? YOU'VE KNOWN ME A LONG TIME.
YOU KNOW NOBODY MAKES ME DO ANYTHING.
ARE YOU ALWAYS SURE THAT THEY'RE GUILTY? THEY ARE ALWAYS GUILTY.
IF YOU TALKED TO MORTIN,YOU WOULDN'T BE SO SURE THAT HE DID IT.
I NEVER TALK TO ANY OF THEM.
YOU DIDN'T EITHER WHEN YOU WERE IN THIS JOB.
THERE'S NO POINT.
THEY ALL SAY THE SAME THING-THEY'RE INNOCENT.
THEY'RE NOT ALL INNOCENT,AND THEY'RE NOT ALL GUILTY,EITHER.
YOU KNOW,I ENVY YOU,J.
D.
I USED TO SEE THE WORLD IN BLACK AND WHITE.
BUT THE TRUTH IS MORE COMPLICATED.
LET ME DO YOU A FAVOR, GE YOU KICKED OFF THE CASE.
I'LL ARGUE YOU CAN' DEFEND MORTIN NOW BECAUSE YOU PROSECUTED HIM BEFORE.
I'LL CITE THE "REVOLVING DOOR" STATUTE.
THAT'S A FEDERAL STATUTE.
IT DOESN'T APPLY.
THEN I'LL GET YOU KNOCKED OU BECAUSE YOU COULD BE A WITNESS FOR US tO TESTIFY ABOUT THE FIRST MURDER TRIAL.
THAT OTHER CASE ISN' COMING IN.
EVEN IF IT WAS, YOU COULD CALL SOMEONE ELSE.
YOU DON'T NEED ME.
I'VE NEVER DROPPED OU OF A CASE IN MY LIFE,J.
D.
, I WON'T STAR NOW.
TOO BAD.
IT'S MORTIN'S FUNERAL.
THOSE ARE DEATH PAPERS.
WHEN WE GET THE CONVICTION,WE'RE ASKING FOR THE DEATH PENALTY.
I NEED TO TELL YOU THE D.
A.
IS SEEKING THE DEATH PENALTY.
OKAY.
HAVE YOU CALLED MY DAUGHTER? HAS SHE TALKED TO YOU, ANY OF YOU? JOSHUA,PLEASE,FOCUS.
THEY WANT TO EXECUTE YOU.
I HEARD.
IF THEY CONVICT ME AGAIN FOR SOMETHING I DIDN'T DO, I WANT THEM TO PUT ME TO DEATH.
GOD,I GET UPSET BECAUSE I MISS ONE PARENT/TEACHER CONFERENCE.
THIS MAN HAS MISSED THEM ALL, AND EVERYTHING ELSE.
LUTHER, DON'T DO THIS TO YOURSELF.
NOW THE FIRST JURY, THEY WANTED TO HEAR HIM TESTIFY.
THEY HELD IT AGAINS HIM THAT HE DIDN'T.
IF THEY HAD HEARD HIM TALK THE WAY WE DID JUST NOW, I THINK THEY MIGH HAVE ACQUITTED HIM.
BUT YOU CAN'T GO BACK.
TOM,I CONVINCED A JURY THA THIS MAN KILLED HIS WIFE BEYOND A REASONABLE DOUBT.
NOW I HAVE DOUBT.
ALDEN,YOU'VE BEEN DUCKING ME.
NO,I JUST WANTED TO BE SURE BEFORE I SPOKE TO YOU.
DID YOU FIND SOMETHING IN THE FILE, IN MORTIN'S FIRST MURDER CONVICTION? I DIDN'T FIND ANYTHING WRONG PROCEDURALLY.
BUT? I THINK MORTIN'S DEFENSE LAWYER MISSED SOMETHING SOMETHING BIG.
THIS IS WHERE THE MURDER HAPPENED.
THEY TORE DOWN JOSHUA'S HOUSE FIVE YEARS AGO.
I DIDN'T COME HERE.
SHOULD HAVE.
D.
A.
s ALMOST NEVER GO TO CRIME SCENES.
YOU RELY ON THE POLICE.
THEY'RE THE ONES WHO BUILT THE TIME LINE,RIGHT, THE ONE THAT YOU INTRODUCED A TRIAL TO DISPROVE MORTIN'S ALIBI? YES.
WE JUST DROVE TWO ROUTES.
ONE TOOK A HALF-HOUR.
THE OTHER TOOK TEN MINUTES.
AT TRIAL,MORTIN'S LAWYER ARGUED MORTIN TOOK THE LONGER TRIP.
WHICH WAS IRRELEVANT.
MY POINT WAS THAT HE COULD HAVE JUST AS EASILY TAKEN THE SHORTER ROUTE, GIVING HIM PLENTY OF TIME TO COMMIT THE MURDER.
WHAT'S THE PROBLEM? THE SHORTER ROUTE THAT YOU BASED YOUR TIME LINE ON IT WASN'T OPEN.
YES,IT WAS.
THERE WAS A THOMAS GUIDE MAP.
I INTRODUCED IT AT TRIAL.
THE PROBLEM WITH THESE MAPS IS THEY AREN'T ALWAYS ACCURATE.
L.
A.
STREET CLOSURES, CONSTRUCTION,FIRES,MUD SLIDES- LOTS OF TIMES WITH CAR CRASH CASES, I GO AND INVESTIGATE AND THE STREET WILL BE TEMPORARILY CLOSED OR GONE,EVEN.
WHAT IS THIS? A CALTRANS MAP FOR THE TIME OF THE MURDER.
THEY WERE DOING CONSTRUCTION THAT NIGHT ON THE SHORTER ROUTE.
HE COULDN'T HAVE GOTTEN HOME IN TIME TO KILL HIS WIFE.
BY THE TIME YOU WERE A TRIAL, THE ROAD WAS OPEN AGAIN, AND NO ONE THOUGH ABOUT IT OR CHECKED.
I'M SO SORRY.
MY WHOLE CASE WAS A TIME LINE BUILT ON A ROAD THAT JOSHUA MORTIN NEVER COULD HAVE TRAVELED.
I CONVICTED AN INNOCENT MAN.
SEE THIS? MR.
HORNER LENT ME A SUIT FOR TRIAL.
SORRY IT'S NO A BETTER SUIT, BUT,UH,THEY DON'T PAY PAROLE OFFICERS MUCH,SO BEN,YOU EXCUSE US? SURE.
I'LL SEE YOU LATER.
I DON'T KNOW HOW TO IN '92,I WAS A NEW D.
A.
- INEXPERIENCED.
AND BY THE TIME OF THE RODNEY KING RIOTS, THE CITY WAS A MESS.
OUR OFFICE WAS LOSING TRIALS- TOO MANY CASES, TOO LITTLE TIME,AND I DIDN'T GO OU TO THE CRIME SCENE.
I DIDN'T DRIVE THE ROUTE YOU TOOK.
MY JOB WAS OVER WHEN I WON THE TRIAL.
I MOVED ON.
THE SYSTEM MOVED ON.
THE ONLY ONE WHO DID NOT MOVE ON WAS YOU.
YOU WROTE ME SAID YOU WERE INNOCENT.
WHEN I WAS THREATENING TO KILL YOU.
MMM.
BUT I GOT OVER THA ANGER.
I HAD TO.
ANGER IS WHAT KILLS YOU.
DON'T BLAME YOURSELF FOR THIS.
WHO ELSE CAN I BLAME? I CARRIED THE BURDEN.
I CONVICTED YOU.
AND I WAS WRONG.
I AM SORRY.
DON'T TELL ME.
TELL MY DAUGHTER.
THE DAY SLOAN DIED, WHEN I GOT HOME,I SAW THIS BRICK IN FRONT OF MY APARTMENT, BLOOD ALL OVER IT.
AFTER I SAW SLOAN DEAD, I GOT RID OF THE BRICK.
I'D ALREADY BEEN CONVICTED FOR SOMETHING I DIDN'T DO AND SOMEONE WAS TRYING TO SEND ME BACK TO JAIL.
I DIDN'T TELL YOU BECAUSE I DIDN'T TRUST YOU ENOUGH.
I DO NOW.
JOSHUA THREW THE MURDER WEAPON AWAY.
IT WAS A BRICK.
HE SAID HE FOUND IT OUTSIDE OF HIS APARTMENT.
THREW IT AWAY? SO WHAT,HE WAS INNOCEN OF THE FIRST MURDER HE WAS CONVICTED OF,BU GUILTY OF THE SECOND MURDER? I DON'T KNOW.
COULD ANYONE ELSE HAVE DONE THIS? YEAH.
LOTS OF PEOPLE KNEW SLOAN HAD CASH ON HIM THAT DAY.
I MEAN,ANYBODY IN THE BUILDING COULD HAVE DONE IT.
LOOK,WE'RE LOOKING AT OTHER SUSPECTS.
WE'LL KEEP LOOKING.
I KNOW WHO YOU ARE.
GET OUT.
YOUR FATHER DIDN' KILL YOUR MOTHER.
LAWYERS-YOU'LL SAY AND DO ANYTHING JUST TO WIN.
I DID WIN.
I CONVICTED HIM.
BUT I SHOULDN'T HAVE WON, AND I CAN PROVE IT.
YOUR FATHER IS INNOCENT.
IF YOU DON'T BELIEVE HIM, BELIEVE ME.
IF YOU DON' COME TO COUR AND YOUR FATHER IS CONVICTED, HE WILL GO TO DEATH ROW AND HE WILL BE EXECUTED.
MY MOTHER WAS MY AGE-25- WHEN HE KILLED HER.
HE'S ALREADY LIVED 20 MORE YEARS THAN SHE HAD.
YOUR HONOR, THE PROSECUTION THANKS AND ACCEPTS JUROR NUMBER 11.
OH,HE LOOKS SERIOUS.
HE'S ORTHODOX JEWISH - NOT REFORM,NOT CONSERVATIVE.
ORTHODOX.
JEWS BELIEVE IN AN EYE FOR AN EYE.
IN FACT,THEY INVENTED IT.
THAT'S NOT TRUE.
YES,ACTUALLY,I IS.
READ THE BIBLE.
IT HELPS WITH JURIES.
YOUR HONOR THE DEFENSE THANKS AND ACCEPTS JUROR NUMBER 11 FOR THIS PANEL.
WHEN THEY CONVICT, HE'LL VOTE TO EXECUTE.
WATCH.
HE WON'T GET THE CHANCE.
JEWISH LAW REQUIRES TWO EYEWITNESSES BEFORE YOU CAN CONVICT SOMEONE FOR MURDER.
THE D.
A.
ONLY HAS ONE.
I DO READ THE BIBLE.
THE COPS MAY HAVE TALKED TO SOMEONE WHO HAD OTHER INFORMATION SOMEONE WHO THEY DIDN'T WAN TO TESTIFY, SOMEONE WE MISSED.
I THINK MAYBE WE SHOULD CANVASS THE AREA AGAIN.
HERE'S A LIST OF THE PEOPLE WE COULDN'T GET IN CONTACT WITH.
ALL RIGHT.
WHY DON' I TAKE "A" THROUGH "M"? YOU TAKE THE NAMES "N" THROUGH,UH,THROUGH "Z.
" ALDEN? THE WITNESS SAID HE SAW JOSHUA KILL SLOAN THROUGH HERE AT WHAT TIME? UM ACTUALLY, I WAS RIGHT ABOUT NOW.
WHY? LOOK THROUGH THE WINDOW.
WHAT DO YOU SEE? NOTHING,RIGHT? YES,THE EYEWITNESS COULD SEE THROUGH THE WINDOW, BUT NOT IF THE SUN'S GLARE WAS ON IT.
I LOOKED IT UP.
IT WAS SUNNY AND CLEAR ON THE DAY OF THE MURDER.
SO THEN I GOT THE POSITION OF THE SUN FOR THAT TIME OF YEAR.
THE WITNESS SAYS HE LOOKED THROUGH THE WINDOW AT 12:15.
IF HE DID,HE COULD SEE FINE.
BUT IF HE WAS THERE LATER- BETWEEN 12:30 AND 2:00 P.
M.
, WHEN THE SUN MOVED BEHIND THE BUILDING- HE COULDN'T HAVE SEEN ANYTHING.
FROM 12:30 UNTIL 2:00, THE GLARE ON THAT GLASS WOULD HAVE MADE I IMPOSSIBLE TO SEE THROUGH IT.
SO IF BECK WAS AT THE WINDOW LATER THAN HE SAID,HE DIDN'T SEE THE KILLER.
ALL WE HAVE TO DO IS PROVE IT.
JOSHUA.
YOUR DAUGHTER'S HERE.
SHE LOOKS JUS LIKE HER MOTHER.
LET HIM TALK TO HER.
HE HASN' SEEN HIS DAUGHTER IN YEARS.
WELL,SHE'S NOT HERE FOR HIM.
SHE'S MY WITNESS.
IF I'M ABLE TO INTRODUCE THE PRIOR MURDER,SHE'S GONNA TESTIFY ABOUT IT.
I'D CALL YOU,BUT YOU'RE NOT AVAILABLE,ARE YOU? THE D.
A.
IS DESPERATE.
HE CAN'T WIN THIS CASE,SO HE WANTS TO RETRY THE OLD CASE.
THE PRIOR CONVICTION SHOULD NOT BE ADMITTED AS EVIDENCE.
IT IS NOT RELEVANT.
"NOT RELEVANT"? IS MR.
TROTT KIDDING? JOSHUA MORTIN KILLED BEFORE.
YOU CAN'T GET MORE RELEVANT THAN THAT.
RELEVANCE ISN' THE ONLY ISSUE HERE.
BY LAW,THE COURT CAN'T LET THE PRIOR CONVICTION IN AS EVIDENCE BECAUSE IT IS TOO PREJUDICIAL.
OF COURSE,IT'S PREJUDICIAL.
WE'RE TRYING TO CONVICT HIM.
BUT IT'S NOT OVERLY OR UNFAIRLY PREJUDICIAL.
AND LET ME ADD - MR.
GRAVES CERTAINLY THOUGHT THE FIRST MURDER WAS RELEVANT WHEN HE PROSECUTED IT.
YOUR HONOR, I'M NOT IN A POSITION TO DEFEND WHAT I DID 15 YEARS AGO,AND I WON'T.
WHAT I WILL DEFEND IS MY CLIENT'S RIGH TO BE JUDGED ON THE FACTS OF THIS CASE AND NOT ANYTHING ELSE.
THE PRIOR CONVICTION IS RELEVANT BUT IT'S ALSO PREJUDICIAL TOO PREJUDICIAL.
I WORRY THAT THE JURY WILL CONVICT BASED ON I INSTEAD OF ON THE FACTS OF THIS MURDER.
I'M DOING YOU A FAVOR, MR.
KELLER.
I'M SAVING YOU FROM LOSING A CONVICTION ON APPEAL.
THE PRIOR CONVICTION WILL BE EXCLUDED FOR THE TRIAL.
BY DEFENDING A GUY YOU PUT AWAY, ISN'T IT LIKE PISSING ON YOUR OWN WORK? YOU'RE WORSE THAN A DEFENSE LAWYER.
YOU'RE A TRAITOR.
WINNING THE MOTION HELPS US WIN THE TRIAL.
IF WE'D LOST, SHE'D HAVE STAYED.
ALMOST WISH WE'D LOST.
HOW CLOSE WERE YOU TO THE WINDOW WHEN YOU LOOKED THROUGH IT? ABOUT 10 FEET AWAY.
MR.
BECK,CAN YOU INDICATE ON THIS DIAGRAM WHERE EXACTLY YOU WERE? HERE.
LET THE RECORD REFLECT YOU MARKED YOUR POSITION ON DEFENSE EXHIBIT 53.
WHAT TIME OF DAY WAS IT? IT'S IN MY LOGS-12:15.
I THINK YOU'RE WRONG.
WE TALKED TO OTHER CUSTOMERS ON YOUR ROUTE.
BASED ON THEIR STATEMENTS AND YOUR OWN RECORDS, YOU DIDN'T ARRIVE AT THE APARTMENT UNTIL 12:45.
THAT DOESN'T CHANGE WHAT I SAW.
YOU'RE WRONG ABOUT THAT,TOO.
IF YOU WERE STANDING ON THAT SPOT AT 12:30 OR LATER, THIS IS WHAT YOUR VIEW OF THAT WINDOW WOULD HAVE BEEN.
THERE WOULD HAVE BEEN A GLARE PREVENTING YOU FROM LOOKING INSIDE.
I'M TELLING YOU, I SAW WHAT I SAW.
YOU DON'T SEEM TO LIKE THE IDEA OF BEING WRONG.
OBJECTION.
SUSTAINED.
THE FIRST TIME YOU SAW MY CLIEN WAS WHEN THE POLICE HAD HIM HANDCUFFED AT THE APARTMENT COMPLEX AND THEY ASKED YOU IF THIS WAS THE MAN THAT YOU ALLEGEDLY SAW.
NO,THE FIRST TIME I SAW YOUR CLIEN WAS AT SLOAN'S APARTMEN WHILE HE WAS KILLING HIM.
YOU'RE WRONG.
YOU JUS WON'T ADMIT YOU'RE WRONG.
IT WAS HIM.
WHY WOULD I LIE ABOUT IT? HMM.
NOW I DIDN'T BRING UP MOTIVE TO LIE,MR.
BECK.
BUT SINCE YOU DID, LET'S TALK ABOUT THAT.
WHAT DAY OF THE MONTH DID YOU COME BY THE APARTMENT TO READ THE METER? THE 15th.
SO WHAT? THAT WAS THE DAY THAT MR.
SLOAN COLLECTED RENT MONEY.
NOW YOU KNEW HE HAD ALL THAT CASH,DIDN'T YOU? WHAT ARE YOU SAYING, I DID IT? WHOEVER KILLED MR.
SLOAN KNEW ABOUT THE MONEY, ABOUT THE BUILDING.
YOU DID.
YOU CHECKED THE METER THE SAME DAY EVERY MONTH- RENT DAY.
AND YOU HAD THE PERFEC EXCUSE TO BE THERE.
AFTER YOU FOUND OUT THE POLICE SUSPECTED MY CLIENT, YOU KNEW YOU HAD A FALL GUY FOR THE MURDER,TOO.
OBJECTION.
WITHDRAWN.
I WAS JUST SHOWING THE JURY HOW EASY IT IS TO ACCUSE A MAN OF DOING SOMETHING HE DIDN'T DO.
NO FURTHER QUESTIONS.
ARE YOU CRAZY? I'LL HANDCUFF YOU TO THAT CHAIR BEFORE I LET YOU TESTIFY.
WE DESTROYED THAT EYEWITNESS.
WE KEPT YOUR PRIOR CONVICTION OUT.
WE PICKED A GOOD JURY.
THEY DIDN'T FOLLOW THE CASE BEFORE.
THEY DON'T KNOW ABOU YOUR PAST.
WE CAN WIN.
I'M GONNA TESTIFY.
YOUR OWN JURY CONSULTAN SAID THE LAST JURY WANTED TO HEAR FROM ME.
YOU CAN'T.
IF KELLER ASKS YOU ANYTHING ABOUT THE MURDER WEAPON, YOU'LL HAVE TO SAY YOU MOVED IT.
YOU WON'T BE ABLE TO EXPLAIN WHY WITHOUT TELLING THE JURY THA YOU WERE CONVICTED OF MURDER,AND YOU WERE AFRAID OF BEING FRAMED.
I WAS FRAMED THIS TIME.
YOU CAN TELL 'EM I WAS INNOCENT BEFORE.
NO,WE CAN'T.
LEGALLY, YOUR CONVICTION'S STILL VALID.
EVEN THEN,OUR CHANCES OF WINNING THIS CASE ARE ZERO.
MY LAST LAWYER TOLD ME NOT TO TALK.
YOU KNOW WHAT IT FEELS LIKE TO GE CONVICTED AND NOT EVEN HAVE YOUR SAY? I AM NOT GOING DOWN LOOKING THIS TIME.
I'M TAKING MY SWING.
YOU ARE MAKING A MISTAKE.
YEAH,WELL,AT LEAST THIS ONE WILL BE MY FAULT.
GREAT.
IT'LL BE A GREAT COMFORT TO YOU WHEN THEY STRAP YOU TO THE GURNEY AND GIVE YOU THE NEEDLE.
IN EVERY CRIMINAL CASE, BEFORE THE DEFENSE IS ALLOWED TO REST, I'M REQUIRED BY LAW TO ASK THE DEFENDANT DIRECTLY, WITHOUT THE JURY PRESENT, IF HE WISHES TO TESTIFY IN HIS OWN BEHALF.
THIS IS CALLED A ROBLES HEARING.
MR.
GRAVES,HAVE YOU ADVISED YOUR CLIENT ON HIS RIGHT TO TESTIFY? I HAVE ADVISED HIM NOT TO TESTIFY.
I WANT TO TESTIFY.
MR.
GRAVES IS A FINE LAWYER,SIR.
YOU SHOULD LISTEN TO HIM.
THIS IS MY DECISION, NOT HIS.
VERY WELL.
CALL THE JURY DOWN.
YOU DISLIKED MR.
SLOAN? THAT'S TRUE.
I DON'T DENY THAT.
YOU ALSO ADMIT YOU TWO DID ARGUE THAT DAY.
YES,OVER THE FACT THAT HE WANTED TO ILLEGALLY RAISE MY RENT.
DID IT GET PHYSICAL? NO.
NO,I NEVER TOUCHED HIM THAT DAY OR ANY DAY.
I NEVER KILLED HIM.
YOU DIDN' LIKE MR.
SLOAN.
DID YOU LIKE THE APARTMENT? NOT REALLY.
IT-IT'S PRETTY RUN-DOWN.
SO WHY NOT MOVE? OBJECTION.
RELEVANCE.
THIS IS CROSS-EXAMINATION.
I'M ALLOWED TO QUESTION HIS STORY.
ONCE THE DEFENDAN TAKES THE STAND, HE COULD BE CROSS-EXAMINED LIKE ANY OTHER WITNESS.
ANSWER THE QUESTION IF YOU CAN.
I COULDN'T FIND ANOTHER PLACE.
REALLY? IN ALL OF LOS ANGELES? KELLER'S GOOD.
HE'S BITING AROUND THE EDGES OF JOSHUA'S CONVICTION BUT NOT GOING OVER THE LINE.
AND HE'S MAKING ME OBJECT.
MEANWHILE,THE JURY THINKS WE'RE HIDING SOMETHING RELEVANT.
SO YOU KNEW HE WAS COLLECTING MONEY FROM OTHER TENANTS THAT DAY? IT WAS THE DAY HE COLLECTED RENT.
HE COLLECTED CASH? WELL,THAT'S HOW HE WANTED US TO PAY HIM.
SO HE HAD THOUSANDS OF DOLLARS.
THAT'S A LOT OF MONEY.
YOU HAVEN'T MADE MUCH MONEY A ALL IN THE LAST 15 YEARS, HAVE YOU? WHY IS THAT? OBJECTION.
GOES TO MOTIVE-ROBBERY.
OVERRULED,MR.
GRAVES.
DID YOU ROB HIM AND KILL HIM FOR THE RENT MONEY? NO.
BUT YOU NEEDED MONEY.
YOU HAVEN' WORKED IN 15 YEARS.
OBJECTION! AGAIN,GOES TO HIS MOTIVE TO ROB AND KILL THE VICTIM.
I'M ENTITLED TO THIS LINE OF QUESTIONING.
OVERRULED.
I DIDN'T KILL FOR IT.
SO YOU KEEP CLAIMING.
DID YOU HAVE A MOTIVE TO ROB HIM OR NOT? NO.
BECAUSE YOU HAVE MONEY? FROM WHERE? YOU HAVE A CHILD A DAUGHTER.
DID YOU BORROW MONEY FROM HER? OBJECTION.
RELEVANCE.
GOES TO MOTIVE.
OVERRULED.
I DON'T SPEAK WITH MY DAUGHTER.
SHE DOESN'T SPEAK TO ME.
IS THAT BECAUSE YOU ASKED HER FOR MONEY BEFORE, OR DOES IT HAVE TO DO WITH THE DEATH OF HER MOM? OBJECTION! SUSTAINED.
IT SEEMS LIKE YOUR LAWYER DOESN'T WANT YOU TO ANSWER ANY QUESTIONS TODAY.
OBJECTION.
SEE WHAT I MEAN? NOTHING FURTHER.
WE DON'T HAVE ANY MORE WITNESSES.
YOUR PAROLE OFFICER WANTS TO TESTIFY, BUT I CAN'T PUT HIM ON WITHOUT THE JURY HEARING ABOUT YOUR PRIOR CONVICTION.
THEN YOU'LL WIN WITH YOUR CLOSING.
I'VE SEEN YOU DO IT BEFORE.
YOU CAN BE VERY PERSUASIVE.
SOMETIMES I CAN.
MR.
GRAVES TOLD ME WHAT HAPPENED THE NIGHT MY MOTHER DIED.
BUT WHY DON' YOU TELL ME? WHAT THE HELL IS THIS? AND GOOD EVENING TO YOU,TOO,ALDEN.
YOU CAN'T FILE THAT,LUTHER.
SURE I CAN.
IT'S A PETITION FOR CORAM NOBIS.
IT'S WHAT YOU FILE TO GET A CONVICTION EXPUNGED WHEN A MAN HAS COMPLETED HIS SENTENCE.
THEN LET US FILE IT FOR YOU.
THE WAY YOU WROTE IT, YOU MAKE IT SOUND LIKE HIS FIRST CONVICTION WAS YOUR FAULT.
IT WASN'T.
IF ANYBODY WAS TO BLAME, IT WAS HIS FIRST DEFENSE LAWYER OR THE POLICE,BUT NOT YOU.
YOU DID YOUR JOB.
IF YOU FILE IT THE WAY YOU WROTE IT, IT'LL TARNISH YOUR REPUTATION.
I DON'T CARE ABOUT THAT.
WE DO.
YOU'RE A GREAT LAWYER AND A GREAT MAN, AND WE'RE NOT GONNA LET ANYONE QUESTION THAT,NOT EVEN YOU.
IF YOU FILE THIS, I SWEAR TO GOD, I'LL FILE AN AMICUS MOTION AGAINST IT.
AND I'LL WIN.
YOU KNOW I WILL.
YOU KNOW,DOCTORS GET TO BURY THEIR MISTAKES,LUTHER.
LAWYERS HAVE TO LIVE WITH THEM.
ANYWAY,YOU CAN' CHANGE THE LAST TRIAL, SO JUST MAKE SURE YOU WIN THIS ONE.
THE TRUTH? YOU DIDN'T GET THA FROM THE DEFENDANT.
YOU KNOW YOU DIDN'T.
HE DIDN'T NEED TO TESTIFY, BUT ONCE HE DID, YOU'RE TO JUDGE HIM LIKE ANY OTHER WITNESS.
WHAT WAS HE TRYING TO HIDE? HE HAD MOTIVE, OPPORTUNITY,ACCESS.
HE'S A KILLER.
HE'S GUILTY.
CONVICT HIM.
THE D.
A.
HAS TO PROVE MY CLIENT'S GUILT.
THAT IS HIS CROSS TO BEAR.
I USED TO CARRY IT.
I KNOW WHAT A HEAVY BURDEN IT IS.
THE D.
A.
TRIED BUT HE DID NOT PROVE HIS CASE BEYOND A REASONABLE DOUBT.
BUT THAT DOESN'T MEAN THA THE D.
A.
HAS TO LOSE THIS CASE.
THE SUPREME COURT SAID PROSECUTORS WIN WHEN JUSTICE IS DONE.
GETTING THE WRONG PERSON CONVICTED IS NOT A WIN.
IT IS THE WORS LOSS IN THE WORLD.
D.
A.
s FORGET THAT.
BUT THAT IS WHY WE HAVE JURIES, SO THAT YOU CAN REMIND THEM.
LAST NIGHT,THE LAKERS WERE DOWN BY 2.
THERE WAS NO TIME LEFT.
KOBE IS YELLING FOR THE BALL.
ALL THE GREA ONES ARE LIKE THAT.
THEY WANT THE BALL A THE END WHEN IT COUNTS.
YOU DON'T,THOUGH.
SURE I DO.
YOU SHOULD, BUT YOU'RE STILL NOT SURE YOU WANNA SINK THE WINNING SHO FOR THIS TEAM.
WE NEED YOU MORE THAN THEY DO.
THE PROSECUTOR - HE'S GOT ALL THE MANPOWER, AND THEY'RE SO DAMN POPULAR.
PEOPLE LOVE PROSECUTORS, WHICH IS WHY THE D.
A.
WINS OVER 90% OF THE TIME.
BUT THEY ACT LIKE THEY'RE THE UNDERDOGS, AND THE PEOPLE BELIEVE IT UNTIL IT'S THEM ON TRIAL OR THEIR FATHER OR SON.
JUSTICE NEEDS YOU A LO MORE THAN THE D.
A.
DOES.
WILL THE DEFENDAN PLEASE RISE? MEMBERS OF THE JURY, AS TO THE CHARGE OF MURDER IN THE FIRST DEGREE, YOU HAVE RETURNED THE FOLLOWING VERDICT- "WE,THE JURY, "FIND THE DEFENDAN JOSHUA MORTIN NOT GUILTY.
" IF YOU WANT,MY PARTNERS AND I WILL FILE A MOTION TO GET YOU DECLARED INNOCEN OF YOUR WIFE'S MURDER.
NO,LET IT GO.
LIKE YOU SAID,THAT CASE IS OVER.
IT'S TIME TO MOVE ON FOR THE BOTH OF US.
THANK YOU.
GREAT,NO CAMERAS.
WE WIN THE CASE, BUT WE DON'T GET THE MONEY SHOT.
AND DON'T FORGET, UH,WE DIDN'T GET PAID,RON IT'S A TRAGEDY ALL AROUND.
THANKS.
THAT'S HELPFUL.
YOU TRIED A GREAT CASE.
YOU SHOULD CHECK OUT THE METER MAN.
I THINK HE'S A VIABLE SUSPECT.
YOU ARE CERTAINLY NO A PROSECUTOR ANYMORE.
YOU JUST GOT A CONVICTED KILLER OFF FOR HIS SECOND MURDER.
YOU'RE NOTHING BU A DEFENSE WHORE.
SO NOW YOU'RE ONE OF US.
LET'S JUST BE GLAD THE D.
A.
NEVER ASKED ABOUT THE BRICK.
THANKS.
THE DEATH OF MAX SLOAN