Raising the Bar (2008) s02e04 Episode Script
No Child's Left Behind
Of course I did it.
He's my son.
- What are you people talking about? - The photo.
I took a picture of my son.
I put it online.
Big deal.
- They'll introduce this at trial.
- Good.
They can see how insane it all is.
It's an admission.
I took a picture of my son in the tub.
I can't take a picture of my own kid? It was posted online.
For my friends and family! I- I know it seems crazy, but the bureau chief is doing this case himself, which means the D.
A.
's office is trying to make a point.
- And promoting and possessing a sexual performance by a child -- - What performance? When you take a picture, nate, it's considered a performance.
Not sexual.
My god.
He was going "ta-da.
" - It was cute.
- I know.
I -- if we lose -- If we lose, you can go to prison as a child sex offender, - which means -- - I- I know what it means.
That's all I've been thinking about since the arrest.
One year Only seeing my son in supervised visits with my ex.
One year of people at his school calling me a pedophile.
People looking at me like I'm filth.
If we can get a disposition, avoid trial -- I need to get my son back.
What would you do? RAISING THE BAR -- Season 2 Episode 4 "No Child's Left Behind" And you really want to criminalize every parent who takes an innocent picture of their kid? If it turned out the picture was being sold by an online child pornographer, - as your guy's was, I'd file every time.
- He didn't know about that, Nick.
Oh, so you're going with the "he didn't know" defense.
Thanks for the heads-up.
By the way, juries generally think it's a parent's job to know to protect their child.
That's gonna be my approach -- Just so you're not surprised.
Professional courtesy.
Okay, at worst, he's not as responsible a parent as he could have been.
Can't we just plead it to a violation, all move on? I'll drop the sexual-performance charges.
He can take child endangerment, no jail time, parenting training, sex-offender registration.
Register as a sex offender? Because he took a picture of his kid? - Getting out of a tub? - You're the one asking for a deal.
And if he doesn't take it, you actually want to put this guy in jail? I want people to understand your webpages aren't as private as you think -- Protect your kids.
If he winds up behind bars, it'll be because you couldn't sell him on a plea.
All right.
- Do we have a disposition in this matter? - I think it is safe to say we do not.
All right.
We'll go to trial tomorrow.
Your Honor, I have some additional discovery.
Defendant's search-engine report for the year prior to his arrest.
- You got to be kidding.
- Are you kidding, Mr.
Balco? Not kidding, Your Honor.
Page 84.
"hot teens, barely legal.
" I told you to take the plea.
Very well.
Unless there's anything else, voir dire in the morning.
So I've surfed for porn.
You know, I'm a single guy.
Is that illegal? No.
But they'll use it topaint a picture.
Every search I did.
How do they even get this stuff? I mean, that's like my private thoughts.
- Excluding it is gonna be a long shot.
- That's why he thinks I'll take a plea? Well, that and the fact that child endangerment is a misdemeanor.
You know, no jail time, but you'd have to register as a sex offender.
You aren't telling me to take that? Sex-offender registration will follow you for your whole life, but a jury is always a roll of the dice.
I didn't do anything wrong.
And the jury will see that.
They'll have to.
Right? As for disposition of joint property -- The traditional 50/50 split, we've complied a list, but it's pretty standard -- Car, bank account, apartment.
The apartment -- That's not joint property.
I bought that with my grandmother's inheritance.
- Inheritance is separate property.
- Yes.
But you made your monthly mortgage payments from your joint account.
The joint account? Gavin was in school.
All that ever went into that account was my salary.
Salary during a marriage is joint property.
So if you made payments from that account, it makes your apartment joint property, too.
Come on, Gavin.
I live there.
You know my grandmother wanted that money to provide me with a home.
Well, I'm sure she also wanted us to stay together forever.
Not meant to be.
- I'm not leaving the apartment.
- We'll get an independent appraisal.
- You can buy out his half.
- I can't afford -- T- the loan payment's already at the limit of my budget.
You know what I make.
Then, um We'll have to sell it.
Split the proceeds.
So this is your plan -- To use the system to screw me out of my home, out of my grandmother's inheritance? Well, you love the law so much, I'm just saying Let's stick to it.
So a guy takes a picture of his kid, puts it on his own personal webpage, and some sleazy pornographer grabs the image, sells it to perverts, and the cops want to arrest the father, who had no idea? The guy is charged with possessing and promoting a sexual performance by a child.
Look at the evidence.
He possessed it.
He promoted it.
Last I checked, ignorance of the law isn't a defense.
Come on.
You really think this photo constitutes a sexual performance? Yes.
Have you seen the webpage it ended up on? - I mean, it's disgusting.
- So what? So what? It's pedophilia.
Look, let's say, unbeknownst to the father who took the picture, some deviant found it online and is getting off on it.
Right, let's even say there's an entire twisted subsection of the porn industry based on adorable pictures of kids taken lovingly by their parents.
It's gross.
But who does it harm? So there should be no child-pornography laws? Child-porn laws are to protect children from being forced into prostitution and abusive situations, but there's no abuse here.
- Come on.
- No, look, the -- The kid didn't know there was some sicko out there -- The father didn't even know.
But there was a sicko, and he was selling the picture.
And say some other sicko buys the picture, gets obsessed with the kid, decides to track him down, snatch him.
Track him down? How is he gonna track him down? Do -- do you even hear how ridiculous you sound? So he fails to track him down, but he's still obsessed.
And so he's obsessing over the picture of the kid.
He finds another kid to grab.
Oh, so, if -- if someone grabs a kid after reading "Lolita," - we should ban the book? - Okay, okay, okay.
Okay, you're officially arguing the case now.
I'm not arguing.
So that means you're not gonna make a motion to suppress the internet search report? This is a matter before the courts, okay? Don't make me stick my fingers in my ears and sing "Pop goes the weasel.
" We can talk about anything but this, okay? - Fine.
- Please.
All right.
You've been quiet.
- How'd your settlement conference go today? - Great.
- Anyone have 200 grand I can borrow? - What? My ex found a brilliant loophole to take the apartment I bought with my grandmother's inheritance.
Legal loophole -- He's loving it.
- Can you fight it? - Not really.
I know it's just an apartment, and who cares, right? But it's all I have from my grandmother.
And I can't get a loan, not in this market at my salary, and I can't afford to buy him out.
- Is there anything we can do to help? - No, thanks.
Actually, if you know of any firms that are looking Don't look at me that way.
I need to know what my options are.
I didn't say anything.
I could set you up with a meeting at my dad's firm.
Guarantee you'd hate it there.
Probably.
I mean, I love this job.
We all love the job.
I just didn't think I'd have to choose between the home I love and the job I love.
Good morning, ladies and gentlemen.
The voir dire process is our chance to assemble an honest jury.
For your part, we need you to be honest here.
We're gonna be asking you a series of questions.
We just need you to be frank, and don't anyone try to talk their way out of service.
I can smell a scam a mile away.
Uh, your honor, before we start, can we approach? Due to the nature of this case, I'd like to move for an individually sequestered voir dire.
That should drag things out by a week or so.
Mr.
Balco, do you have an opinion on this? It's a sensitive case.
There'll be personal questions.
I agree with counsel.
Sequestered voir dire is appropriate.
Well, aren't you two getting along? Must be a cold day in hell.
All right, my chambers.
Voir dire, 15 minutes.
Let's try to be efficient.
I'm just gonna ask you a couple questions here.
- Ever served on a jury? - Ever been convicted of a crime? Do you currently belong to any social-networking sites? Does the fact that charges involve child pornography -- Does that make it hard for you to judge? Would you leave your kid in a stroller on the sidewalk if you ran in to get a cup of coffee, if you could see him through the window? Hi, there.
- What do you do for a living? - How often do you use the internet? - Do you look at pornography online? - You have kids? Do you consider yourself a private person? Is anyone in your family or close friends a police officer or works in law enforcement? Do you think the government has a role in parenting? Would you leave your kid in a stroller on the sidewalk if you ran in to get a cup of coffee, if you could see him through the window? As to jurors 1 through 15, challenges for cause.
Mr.
Balco.
Uh, 4 and7.
- 4 was the college kid who clearly stated that she -- - That's okay.
Defense consents to both.
- Mr.
Kellerman, for cause? - Uh, just number 12, judge.
She indicated that a family member was a victim of sexual abuse.
My guess is she was talking about herself.
Can't be impartial.
Mr.
Balco? People consent.
Fine.
Perempts.
People.
19 and 11, judge.
- Mr.
Kellerman.
- Number 6.
She doesn't want to be here.
That's no reason to let her out of service.
Maybe, judge, but I don't want her taking it out on my client.
- Is that your only one? - I'm good.
Charlie, where does that put us? - Eight in the box.
- Gentlemen, I'm impressed.
At this rate, we will have a jury by this afternoon.
- Hi.
- Sorry to bother you.
I, uh, I need to take a half-day later in the week.
Sure.
Just as long as your cases are covered.
- Everything all right? - Yeah.
No.
I have a job interview.
Richard's father's firm.
You heard.
Well, there aren't any secrets from me here.
- It's not that I don't love it here.
- You don't have to explain yourself.
Divorce can knock you over.
Yeah.
But you get through it.
I know.
It's just I have to start facing the reality of it, - and that may mean some tough choices.
- Yeah.
Well, I know that's tempting, especially when you're feeling vulnerable.
Don't hate me for exploring my options.
When I said I know it's tempting, I wasn't being hypothetical.
I've actually met at private law firms.
I've met at the one that you're meeting at, so I'd hate to lose you, but I get it.
If you need a reference, if you need me to make a call Thank you.
Just don't do anything out of panic, okay? Sometimes these things have a way of working themselves out.
Not when it comes to my ex, but thanks for the sentiment.
We monitor suspicious websites, work with internet-service providers to track down suspect material.
And as lead investigator on this case, detective, what led you to the defendant? One of the sites we've been monitoring sells explicit photos of prepubescent boys.
We have a program that searches for image matches online - to help find the source of the photos.
- And in this case? It led us to a social-networking site, specifically the defendant's webpage.
So the photograph was for sale on a known child pornographer's website, and you traced its origins - to the defendant's webpage.
- Correct.
And you obtained a search warrant and searched the defendant's computer? Yes.
And how many other images did he have of his child naked? - We cataloged 14.
- 14.
And what other pornographic images did he have on his computer? Objection.
Approach? First of all, the photos of the boy have not been deemed pornographic.
They were for sale on a known pornographer's website.
- It seems fairly self-evident - Mr.
Balco.
You know the rules.
Okay.
How many other sexually explicit photos - Your honor.
- Sustained.
How many other photos featuring the sexual organs of adults or children did the defendant have on his computer or find with his online search engine? - You can't be serious.
- You two, get up here.
Your Honor, my client's online searches for adult pornography have no bearing on this case.
This case is about the availability of pornography.
It's a child-porn accusation, and you're looking to tarnish my client - with his private web searches.
- If the defendant is gonna argue that he could not have foreseen his son's photo being used by an online pornographer, then his familiarity with the technology of online porn distribution - is very relevant.
- The late-night web searches of a single guy are not relevant to anything other than tilting the jury, - and you know it.
- Okay, okay.
- Do you have the search-engine reports? - Of course.
Defense objects to the introduction of the report, as it is prejudicial.
The people feel it is essential and probative.
I will consider these reports.
In the meantime, Mr.
Balco, unless there's anything more for this witness, I think it's Mr.
Kellerman's turn.
Detective, you searched my client's computers.
- Yes.
- You searched his phone records as well.
- Yes.
- And you did not find a single phone call between my client and the person who stole the image.
No.
Not a single e-mail or instant message between them? - No.
- So despite your extensive investigation, there is no record of any contact between Mr.
Chrisman and the person who put the photo on that pornographic website.
No.
And that makes sense.
Because when you first confronted my client, he was shocked to hear that an alleged child pornographer had taken his private photos.
The photos aren't private.
They were posted publicly.
- On his personal web page, right? - Which anyone on the network - can access.
What did the guy expect? - "what did "what did the guy expect?" Let's talk about that.
When you told Mr.
Chrisman that a photo of his son was being sold by an alleged child pornographer, - was he shocked? - Yes.
- It was not what he expected.
- No.
In fact, when you questioned him, it was obvious that he had no knowledge that the image had been taken.
He didn't seem to know.
Thank you, detective.
Urgent call to keep it quiet, the closed door - Everything okay? - Everything's fine.
- Thanks for coming.
- Of course.
So, I need a favor, - but it has to be done off the books.
- Okay.
Seriously after hours, no office resources.
- Sounds personal.
- Call it personal business.
Say no if you want.
You gave me my start here when no one else would look at me for a job.
I owe you.
Where are you leaning on the computer-search records? Guy's accused of a computer crime.
It seems as though his computer records - are essential facts for the case.
- Maybe.
We live in a world where technology's made it possible to virtually see everything we're thinking, when we're thinking it.
- It has a vague Big Brother feel.
- Oh, please.
Don't tell me you've been surfing for porn on court computers.
No, but I wouldn't exactly be thrilled to have my personal laptop exposed for the world to see.
Well, don't traffic in child porn, you don't have anything to worry about, do you? Don't get accused, you mean.
'Cause once the accusation gets made -- What, you suggesting we use our judicial power to limit the prosecution? Of course child sexual abuse is a terrible thing, - but -- - "But"? Charlie, is there really any "but", that can possibly follow the sentence "I know child sexual abuse is a terrible thing"? From McMartin to the Wee Care case, prosecutors go crazy for child-sex-abuse charges.
Emotional juries invariably convict.
And years later, we usually find out the whole case was bogus.
Listen, this guy has opted for a jury trial.
- I cannot feed them a verdict.
- No, but You can keep them from hearing evidence that's irrelevant.
Let's be honest -- How in God's name can the accused's normal adult sexual activities have any bearing on the case except to make him seem icky to the jury? "Icky"? Is that a new legal term? Bring me the search record.
I'll review it.
So, I've been asking around about you.
P.
D.
's office loves you, loves you, D.
A.
's respects you.
- No small feat.
- It's nice to hear.
So, tell me Why are you thinking about leaving the P.
D.
's? - Burnout? - No I love it there.
Um, to be perfectly honest, I'm going through a divorce and there are economic issues that I'm dealing with.
Oh.
Sorry to hear.
I had some economic issues with my divorce as well.
It's not easy, but it gets better.
I don't mean to imply that I'm not interested in what you're doing here.
No, it'sI would not be here if I wasn't interested.
We need solid, experienced people around here.
We've got a ton of casework.
But the main thing here is If you bring in your own work, it's, well, you know, eat what you kill.
I I'm sorry? You bring in a case, you take a direct cut of the fee on top of your salary.
Eat what you kill.
I have reviewed the proposed evidence with respect to the defendant's online searches and considered the applicable case law.
There's no question that Mr.
Balco's position that the searches are material to the prosecution's theory does apply.
However, the fact that the evidence may be material is not dispositive, as it is more prejudicial than probative, which in this case, it is.
Therefore, the search-engine reports are to be excluded.
Mr.
Balco, should we bring in the jury? You can call your next witness.
Ms.
Chrisman, you and the defendant have been divorced for how long? Divorced two years, separated a year and half before that.
And prior to the defendant's arrest, you shared joint custody of your son, is that correct? Yes.
I'd like to show you a photograph that has been introduced into evidence.
We've taken the liberty of making sure the boy's genitals are covered in the image.
Do you recognize the boy in the photo? It's our son, Justin.
Your and the defendant's son? Yes.
And have you seen this photo before? Yes, it was posted on my ex-husband's webpage.
Is this the family-and-friends webpage you recall your husband posting? Yes.
And the text above the photo reads "here's Justin.
" Is that correct? Yes.
Thank you.
I'd like to show you one more image.
I'm sorry to put you through this.
Could you please read the text below the photo of your son? - "Here's Justin.
" - Thank you.
You'll notice, this time it wasn't my office who obscured your son's private area.
The website did that on its home page all on its own.
You see, there's text on the black circle covering Justin's private parts.
Yes.
Could you please read what it says? "Click here.
All access $14.
99.
" And what is $14.
99? The price for my child.
- You and Mr.
Chrisman are divorced.
- Yes.
It wasn't an amicable divorce, was it? No.
You did not agree on the disposition of property.
- No.
- You did not agree about alimony.
- No.
- You were not left feeling good about him.
I was left feeling he's an ass.
So, no, I was not left with good feelings.
So it's safe to say you're not fond of Mr.
Chrisman Yes.
Thank you.
Now, given all the bitterness of the divorce, given whatever anger you have towards your ex, I just want you to answer honestly under oath.
Is he, in your opinion a good father? Nate was a terrible husband.
But as a father, he never missed a birthday a ballgame.
He loves our son.
He'd step in front of a bus for Justin.
Yes.
He's a good father.
No further questions.
You worked as foreman a welding crew, is that right? Yes.
Commercial high-rises mostly.
The money's been tight since you were divorced? Money's always been tight, but it's been harder since the divorce.
And if you worked weekends, you would get overtime pay, is that correct? - Time and a half, that's right.
- But you never took weekend work.
No, I wouldn't Miss out on time with Justin.
Plus, I was the coach of his soccer team on weekends.
But you never missed a child-support payment.
I worked nights when Reanne had Justin.
I made do.
Nate, had you ever been arrested prior to this? - No.
- Ever accused of a crime? - No.
- How'd you first learn you were under investigation in this case? Two detectives showed up at my work site.
And they told my supervisor that they needed me for questioning.
You lost your job after that.
About a week after that.
My boss told me that it wasn't safe for me there anymore.
Guys were calling me a child molester Guys that I had worked with for years.
Were you able to continue coaching your son's soccer team? No.
The other parents didn't want me around their kids.
And custody of Justin? As soon as the D.
A.
filed charges, family court said I couldn't share custody anymore.
I get a supervised visit one hour, once a week.
That's it.
That's all the time my son and I get together.
Well, judging from what you just said on the stand, it seems you feel you're the victim in all this.
Is that a fair statement? My whole family's been a victim in this.
Including your son.
He's virtually lost his father.
He's been stigmatized.
It's been horrible for him.
And yet you don't feel at all responsible for what's happened? I have the right to take an innocent photo of my child.
So you've said.
And it doesn't bother you that the photo you took of your son - wound up being sold by a child pornographer? - Oh, of course it bothers me.
- But you feel no remorse over your part in it? - I'm sorry that it happened, but I didn't do anything wrong.
And I really shouldn't be the person sitting up here defending myself.
So you admit there was a crime committed here.
It's just not you who should be responsible.
It was an innocent photo.
I'm confused.
If if it was an innocent photo, then why does it bother you that a child pornographer featured it on his website? Why are you doing this to me? If you want to charge someone with something, why aren't you going after the pervert who was selling his photo? He was the one that was doing the exploiting.
You should be going after him, not us.
So the real criminal in all this if there is one is this pervert your word who was selling the naked photo of your son online.
It's fair to say that you were bothered by that fact, is that correct? Of course.
I was sickened by it.
Any father who loves his son would be.
But it was your photo the photo you took and posted on your own webpage that this pervert was selling.
- You don't contest that fact.
- But I didn't know he was selling it.
Until the detectives I I didn't know.
And if you'd known What would you have done? I would have hunted that sicko down and killed him with my bare hands.
Because he's a child pornographer exploiting your son? Yes.
Exploiting him with an image you gave to him.
No, no.
I did not give it to him.
You posted it on a publicly accessible social-networking website.
That's right for family and friends.
Anyone could see it.
And anyone could take it.
Isn't that true? Apparently so.
You gave it to him.
It was as good as if you had personally dropped a copy in his mailbox.
We do it every day.
"Is she old enough to take the train alone?" "Should I let him eat fast food again?" "Can she really wear that outfit to the party?" They're judgment calls, parental decisions ordinary people make all the time, but they're judgment calls.
Who hasn't looked at a child and said, "what parent would let her wear that outfit?" And we judge other people on their parenting all the time.
But what we don't do is criminalize the behavior.
Even when we disapprove, we don't seek to incarcerate the parents.
We'd never think to take their children away.
Why? Because we understand that parenting is complicated.
And unless someone is looking to actually harm a kid, we can't judge because we all do things, as parents, that others might look down on.
Harm was the farthest thing from this father's mind that evening when he snapped an innocent photo of his son.
Harm was the farthest thing from his mind when he posted it for his family to see and adore.
Harm never entered the equation.
Nate Chrisman is a decent, hardworking man, an attentive and loving parent even his ex-wife said it.
You can you can blame him for poor judgment.
You can rebuke him for foolishness or shortsightedness.
You can even sympathize with him for the tragic misappropriation of his son's image.
What you cannot do is believe for a second that this father looked at this photo and saw in the laughing eyes of his beloved son a sexual object.
Then he didn't commit the crimes they've charged.
This father has suffered for a year.
You have a chance to set things right.
You can't undo what's been done to this family.
But when you find this father not guilty, you can give him a fresh start, a chance to begin to rebuild the life that's been taken away by this case.
Thank you.
There are bad people in this world Killers, rapists, predators of all sorts.
They lurk in the shadows of our streets, and now they lurk in the shady, anonymous world of the internet.
And standing above all the responsibilities of parenthood your child from these people, to protect them from the devastating harm they can inflict on those who cannot protect themselves.
Nate Chrisman didn't do that.
What he did was toss a loaded gun into a cage full of killers and then cried victim when someone got hurt.
And make no mistake about it someone did get hurt.
Nate Chrisman's son will spend the rest of his life being objectified by pedophiles.
He got hurt.
And we all got hurt.
Because tolerating a culture of pedophilia perverts the fundamental decency of every person in this society.
The defendant said himself he has no remorse.
No remorse deserves no sympathy.
The fact that child pornographers used the images in ways he never intended is not a defense.
He gave them the means.
He gave them the opportunity.
He created the conditions under which a crime could occur.
You can't plant the seeds and cultivate the garden and then disavow the fruit.
"Boys, boys, boys.
Click here for full access.
" That's his legacy.
That's his parenting.
That's his crime.
I'm heading out.
You need anything? - A damn verdict in my case.
- The jury's still not back? Deliberated three hours and went home.
I hear you killed on your closing argument.
I did.
Doesn't help the waiting.
You do know that court's not in session.
- Cellphone is not gonna ring with a verdict.
- I know.
You're not well, Jerry.
- Buy you a beer? - I'm working.
- Is it good? - I think you'll be satisfied.
Look at that.
You got the envelope.
I'm done working.
Beer would be great.
Hey.
So How was the interview? Surprising.
- They actually do interesting work.
- Really? - Yes, really.
- Okay.
- Can I say one thing? - Just one? That's doubtful.
- Don't do it.
- Oh, come on, Jerry.
No, don't do it.
That's all.
Who cares where you live? I know that you're happy living in a box on the street so long as you're doing good for the world, but I happen to care about my home and my future.
Okay, this is really about a place to live? Don't leave over that.
I mean, you can move in with me.
Move in with Jerry, you think I should move in with you so that I can keep my job? - Why not? - 'Cause I don't make decisions about my life that way.
- Okay, well, maybe you should start.
- Okay, - Jerry, I don't know what I'm gonna do.
- Bobbi, I'm I'm I know that you're having a hard time waiting for your verdict, but I'm losing my marriage and I'm facing losing my home, and right now I don't need your judgments.
Gavin.
I'm sorry.
I know I know you.
Roz Whitman, Bobbi's boss.
Right.
She okay? She'd be better if you weren't trying to get her kicked out of her apartment.
Divorce.
- Things happen.
- I brought something for you.
Pretty good shots, given the angle, don't you think? What the hell is this? Surveillance photos of you making a drug buy.
My investigator will testify those were taken two days ago 121st and Morningside.
East general pharmacy running short of supplies? What, you're here to arrest me? I'm a public defender.
I don't make arrests.
But I can send that to the D.
A.
or the medical board.
May or may not mean jail time, but it sure would mean you would lose your medical license.
- Bobbi put you up to this.
- Bobbi doesn't know about this, and if she finds out, I will put those in the mail.
You see, my lawyers work very hard for their clients, which means they need to come in rested.
So I don't let them get booted out of their homes if I can help it.
You are not getting that apartment.
It's the last thing she has of her grandmother's.
Have a little decency.
Ladies and gentlemen, I have received a note from you indicating that you are unable to reach a verdict.
This is an important case.
It's expensive in terms of time, effort, money, and emotional strain.
I have no reason to believe that either side could try this case better or more exhaustively than it has been tried before you.
Therefore, "if a majority of you favor a conviction, "those who disagree should reconsider your reasonable doubts.
"If a majority or even fewer favor an acquittal, those favoring conviction might wish to re-examine their positions.
" Now, I am not asking you to surrender sincerely held beliefs.
But I remind you that it is your duty to try to agree on a verdict.
This is your job.
I'm gonna ask you now to retire to the jury room and continue your deliberations until you have one.
Hi.
How you doing? - Better.
Thanks.
- Good.
- How'd the job interview go? - They made me an offer.
I said no.
Turns out my ex did a 180 on the divorce settlement.
My attorney called to say he's totally backed off.
Wow.
So you get to keep your apartment and your job.
Yeah.
Yeah, you were right.
Sometimes things have a way of working themselves out.
Yeah.
Maybe he's not as bad of a guy as I thought.
Well, my guess is you know him pretty well.
- I'm just glad you're not going anywhere.
- Me too.
You know, before I found out about my ex changing his tune, I got the offer and I decided That I was gonna walk away from the apartment.
I care where I live, but I like what I do more, and there's nothing I'd rather do every day.
I know.
It's another hang note.
I have received from your foreman another note indicating that you cannot And I note this time that "cannot" is underlined three times reach a decision.
This has been a difficult and complicated case.
I have no reason to believe that you haven't, in all good faith, tried to reach a unanimous verdict.
And it is my impression from this note that you are inalterably hung.
Therefore, I will declare a mistrial on every count of the indictment.
You are discharged.
That's it? What happens next? - I need to talk to the prosecution.
- About what? He can choose to try the case again.
That's double jeopardy, right? No, it's a mistrial, Nate.
Double jeopardy doesn't apply.
Yeah, but so I mean, what? I mean, the D.
A.
he just gets to call a do-over? - Let me Let me talk to him, okay? - I thought this would be over.
I mean, one way or the other, I I thought we'd win.
But, you know, I prepared myself for the - All right, so if there's another trial, would it happen right away? - No.
We'd, uh, have to wait for a court date again.
Probably months.
How many months? Until there's a space on the docket.
A case like this Six to eight.
Eight months more being under indictment for child porn, being with my boy only in supervised visits? And then another trial after that? I can't go through this again.
No way.
Let me talk to the prosecution.
All right.
Okay.
Drop it? That's your proposal? We both know you'll never get a jury to convict if you retry this case.
And you'll never get a jury to acquit.
So here we are.
I keep this here.
Glencallan 35-year, Kiernan's choice, 1967.
This is a great bottle.
I only open it when I get a big win.
Let's do this.
Three years probation, parenting-skills program, sex-offender registration we both drink.
It's the same offer he turned down before, Nick.
- He didn't know it was unwinnable before.
- Neither did you.
I'm not convinced.
You know he can't take sex-offender status.
It will tar him for life.
Every time he tries to get an apartment, applies for a job.
He'll lose custody of his son.
That's the point.
The man is not a sex offender.
His son was sexually exploited, and it's his fault.
What does that make him? This man loves his son Nick.
You know that.
Do the right thing for once.
Does it ever occur to you that other people have a legitimate point of view or different moral perspective than your own? Just maybe you're not always absolutely right? We both know he's not a sex offender, okay? - So he'll take the probation - This was a peace offering.
I was being professional.
And you tell me you don't think I believe what I'm doing is right? You think, what, I'm just trying to get another win? That's why I do what I do? It's not out of my own sense of what's right? How wrong you are.
Check the calendar and pick a date.
- You don't want to try this case again.
- Pick a date.
It's not worth the agony for anyone.
Then take the deal.
ake the deal and have a drink or pick a date and we'll try it again.
He's my son.
- What are you people talking about? - The photo.
I took a picture of my son.
I put it online.
Big deal.
- They'll introduce this at trial.
- Good.
They can see how insane it all is.
It's an admission.
I took a picture of my son in the tub.
I can't take a picture of my own kid? It was posted online.
For my friends and family! I- I know it seems crazy, but the bureau chief is doing this case himself, which means the D.
A.
's office is trying to make a point.
- And promoting and possessing a sexual performance by a child -- - What performance? When you take a picture, nate, it's considered a performance.
Not sexual.
My god.
He was going "ta-da.
" - It was cute.
- I know.
I -- if we lose -- If we lose, you can go to prison as a child sex offender, - which means -- - I- I know what it means.
That's all I've been thinking about since the arrest.
One year Only seeing my son in supervised visits with my ex.
One year of people at his school calling me a pedophile.
People looking at me like I'm filth.
If we can get a disposition, avoid trial -- I need to get my son back.
What would you do? RAISING THE BAR -- Season 2 Episode 4 "No Child's Left Behind" And you really want to criminalize every parent who takes an innocent picture of their kid? If it turned out the picture was being sold by an online child pornographer, - as your guy's was, I'd file every time.
- He didn't know about that, Nick.
Oh, so you're going with the "he didn't know" defense.
Thanks for the heads-up.
By the way, juries generally think it's a parent's job to know to protect their child.
That's gonna be my approach -- Just so you're not surprised.
Professional courtesy.
Okay, at worst, he's not as responsible a parent as he could have been.
Can't we just plead it to a violation, all move on? I'll drop the sexual-performance charges.
He can take child endangerment, no jail time, parenting training, sex-offender registration.
Register as a sex offender? Because he took a picture of his kid? - Getting out of a tub? - You're the one asking for a deal.
And if he doesn't take it, you actually want to put this guy in jail? I want people to understand your webpages aren't as private as you think -- Protect your kids.
If he winds up behind bars, it'll be because you couldn't sell him on a plea.
All right.
- Do we have a disposition in this matter? - I think it is safe to say we do not.
All right.
We'll go to trial tomorrow.
Your Honor, I have some additional discovery.
Defendant's search-engine report for the year prior to his arrest.
- You got to be kidding.
- Are you kidding, Mr.
Balco? Not kidding, Your Honor.
Page 84.
"hot teens, barely legal.
" I told you to take the plea.
Very well.
Unless there's anything else, voir dire in the morning.
So I've surfed for porn.
You know, I'm a single guy.
Is that illegal? No.
But they'll use it topaint a picture.
Every search I did.
How do they even get this stuff? I mean, that's like my private thoughts.
- Excluding it is gonna be a long shot.
- That's why he thinks I'll take a plea? Well, that and the fact that child endangerment is a misdemeanor.
You know, no jail time, but you'd have to register as a sex offender.
You aren't telling me to take that? Sex-offender registration will follow you for your whole life, but a jury is always a roll of the dice.
I didn't do anything wrong.
And the jury will see that.
They'll have to.
Right? As for disposition of joint property -- The traditional 50/50 split, we've complied a list, but it's pretty standard -- Car, bank account, apartment.
The apartment -- That's not joint property.
I bought that with my grandmother's inheritance.
- Inheritance is separate property.
- Yes.
But you made your monthly mortgage payments from your joint account.
The joint account? Gavin was in school.
All that ever went into that account was my salary.
Salary during a marriage is joint property.
So if you made payments from that account, it makes your apartment joint property, too.
Come on, Gavin.
I live there.
You know my grandmother wanted that money to provide me with a home.
Well, I'm sure she also wanted us to stay together forever.
Not meant to be.
- I'm not leaving the apartment.
- We'll get an independent appraisal.
- You can buy out his half.
- I can't afford -- T- the loan payment's already at the limit of my budget.
You know what I make.
Then, um We'll have to sell it.
Split the proceeds.
So this is your plan -- To use the system to screw me out of my home, out of my grandmother's inheritance? Well, you love the law so much, I'm just saying Let's stick to it.
So a guy takes a picture of his kid, puts it on his own personal webpage, and some sleazy pornographer grabs the image, sells it to perverts, and the cops want to arrest the father, who had no idea? The guy is charged with possessing and promoting a sexual performance by a child.
Look at the evidence.
He possessed it.
He promoted it.
Last I checked, ignorance of the law isn't a defense.
Come on.
You really think this photo constitutes a sexual performance? Yes.
Have you seen the webpage it ended up on? - I mean, it's disgusting.
- So what? So what? It's pedophilia.
Look, let's say, unbeknownst to the father who took the picture, some deviant found it online and is getting off on it.
Right, let's even say there's an entire twisted subsection of the porn industry based on adorable pictures of kids taken lovingly by their parents.
It's gross.
But who does it harm? So there should be no child-pornography laws? Child-porn laws are to protect children from being forced into prostitution and abusive situations, but there's no abuse here.
- Come on.
- No, look, the -- The kid didn't know there was some sicko out there -- The father didn't even know.
But there was a sicko, and he was selling the picture.
And say some other sicko buys the picture, gets obsessed with the kid, decides to track him down, snatch him.
Track him down? How is he gonna track him down? Do -- do you even hear how ridiculous you sound? So he fails to track him down, but he's still obsessed.
And so he's obsessing over the picture of the kid.
He finds another kid to grab.
Oh, so, if -- if someone grabs a kid after reading "Lolita," - we should ban the book? - Okay, okay, okay.
Okay, you're officially arguing the case now.
I'm not arguing.
So that means you're not gonna make a motion to suppress the internet search report? This is a matter before the courts, okay? Don't make me stick my fingers in my ears and sing "Pop goes the weasel.
" We can talk about anything but this, okay? - Fine.
- Please.
All right.
You've been quiet.
- How'd your settlement conference go today? - Great.
- Anyone have 200 grand I can borrow? - What? My ex found a brilliant loophole to take the apartment I bought with my grandmother's inheritance.
Legal loophole -- He's loving it.
- Can you fight it? - Not really.
I know it's just an apartment, and who cares, right? But it's all I have from my grandmother.
And I can't get a loan, not in this market at my salary, and I can't afford to buy him out.
- Is there anything we can do to help? - No, thanks.
Actually, if you know of any firms that are looking Don't look at me that way.
I need to know what my options are.
I didn't say anything.
I could set you up with a meeting at my dad's firm.
Guarantee you'd hate it there.
Probably.
I mean, I love this job.
We all love the job.
I just didn't think I'd have to choose between the home I love and the job I love.
Good morning, ladies and gentlemen.
The voir dire process is our chance to assemble an honest jury.
For your part, we need you to be honest here.
We're gonna be asking you a series of questions.
We just need you to be frank, and don't anyone try to talk their way out of service.
I can smell a scam a mile away.
Uh, your honor, before we start, can we approach? Due to the nature of this case, I'd like to move for an individually sequestered voir dire.
That should drag things out by a week or so.
Mr.
Balco, do you have an opinion on this? It's a sensitive case.
There'll be personal questions.
I agree with counsel.
Sequestered voir dire is appropriate.
Well, aren't you two getting along? Must be a cold day in hell.
All right, my chambers.
Voir dire, 15 minutes.
Let's try to be efficient.
I'm just gonna ask you a couple questions here.
- Ever served on a jury? - Ever been convicted of a crime? Do you currently belong to any social-networking sites? Does the fact that charges involve child pornography -- Does that make it hard for you to judge? Would you leave your kid in a stroller on the sidewalk if you ran in to get a cup of coffee, if you could see him through the window? Hi, there.
- What do you do for a living? - How often do you use the internet? - Do you look at pornography online? - You have kids? Do you consider yourself a private person? Is anyone in your family or close friends a police officer or works in law enforcement? Do you think the government has a role in parenting? Would you leave your kid in a stroller on the sidewalk if you ran in to get a cup of coffee, if you could see him through the window? As to jurors 1 through 15, challenges for cause.
Mr.
Balco.
Uh, 4 and7.
- 4 was the college kid who clearly stated that she -- - That's okay.
Defense consents to both.
- Mr.
Kellerman, for cause? - Uh, just number 12, judge.
She indicated that a family member was a victim of sexual abuse.
My guess is she was talking about herself.
Can't be impartial.
Mr.
Balco? People consent.
Fine.
Perempts.
People.
19 and 11, judge.
- Mr.
Kellerman.
- Number 6.
She doesn't want to be here.
That's no reason to let her out of service.
Maybe, judge, but I don't want her taking it out on my client.
- Is that your only one? - I'm good.
Charlie, where does that put us? - Eight in the box.
- Gentlemen, I'm impressed.
At this rate, we will have a jury by this afternoon.
- Hi.
- Sorry to bother you.
I, uh, I need to take a half-day later in the week.
Sure.
Just as long as your cases are covered.
- Everything all right? - Yeah.
No.
I have a job interview.
Richard's father's firm.
You heard.
Well, there aren't any secrets from me here.
- It's not that I don't love it here.
- You don't have to explain yourself.
Divorce can knock you over.
Yeah.
But you get through it.
I know.
It's just I have to start facing the reality of it, - and that may mean some tough choices.
- Yeah.
Well, I know that's tempting, especially when you're feeling vulnerable.
Don't hate me for exploring my options.
When I said I know it's tempting, I wasn't being hypothetical.
I've actually met at private law firms.
I've met at the one that you're meeting at, so I'd hate to lose you, but I get it.
If you need a reference, if you need me to make a call Thank you.
Just don't do anything out of panic, okay? Sometimes these things have a way of working themselves out.
Not when it comes to my ex, but thanks for the sentiment.
We monitor suspicious websites, work with internet-service providers to track down suspect material.
And as lead investigator on this case, detective, what led you to the defendant? One of the sites we've been monitoring sells explicit photos of prepubescent boys.
We have a program that searches for image matches online - to help find the source of the photos.
- And in this case? It led us to a social-networking site, specifically the defendant's webpage.
So the photograph was for sale on a known child pornographer's website, and you traced its origins - to the defendant's webpage.
- Correct.
And you obtained a search warrant and searched the defendant's computer? Yes.
And how many other images did he have of his child naked? - We cataloged 14.
- 14.
And what other pornographic images did he have on his computer? Objection.
Approach? First of all, the photos of the boy have not been deemed pornographic.
They were for sale on a known pornographer's website.
- It seems fairly self-evident - Mr.
Balco.
You know the rules.
Okay.
How many other sexually explicit photos - Your honor.
- Sustained.
How many other photos featuring the sexual organs of adults or children did the defendant have on his computer or find with his online search engine? - You can't be serious.
- You two, get up here.
Your Honor, my client's online searches for adult pornography have no bearing on this case.
This case is about the availability of pornography.
It's a child-porn accusation, and you're looking to tarnish my client - with his private web searches.
- If the defendant is gonna argue that he could not have foreseen his son's photo being used by an online pornographer, then his familiarity with the technology of online porn distribution - is very relevant.
- The late-night web searches of a single guy are not relevant to anything other than tilting the jury, - and you know it.
- Okay, okay.
- Do you have the search-engine reports? - Of course.
Defense objects to the introduction of the report, as it is prejudicial.
The people feel it is essential and probative.
I will consider these reports.
In the meantime, Mr.
Balco, unless there's anything more for this witness, I think it's Mr.
Kellerman's turn.
Detective, you searched my client's computers.
- Yes.
- You searched his phone records as well.
- Yes.
- And you did not find a single phone call between my client and the person who stole the image.
No.
Not a single e-mail or instant message between them? - No.
- So despite your extensive investigation, there is no record of any contact between Mr.
Chrisman and the person who put the photo on that pornographic website.
No.
And that makes sense.
Because when you first confronted my client, he was shocked to hear that an alleged child pornographer had taken his private photos.
The photos aren't private.
They were posted publicly.
- On his personal web page, right? - Which anyone on the network - can access.
What did the guy expect? - "what did "what did the guy expect?" Let's talk about that.
When you told Mr.
Chrisman that a photo of his son was being sold by an alleged child pornographer, - was he shocked? - Yes.
- It was not what he expected.
- No.
In fact, when you questioned him, it was obvious that he had no knowledge that the image had been taken.
He didn't seem to know.
Thank you, detective.
Urgent call to keep it quiet, the closed door - Everything okay? - Everything's fine.
- Thanks for coming.
- Of course.
So, I need a favor, - but it has to be done off the books.
- Okay.
Seriously after hours, no office resources.
- Sounds personal.
- Call it personal business.
Say no if you want.
You gave me my start here when no one else would look at me for a job.
I owe you.
Where are you leaning on the computer-search records? Guy's accused of a computer crime.
It seems as though his computer records - are essential facts for the case.
- Maybe.
We live in a world where technology's made it possible to virtually see everything we're thinking, when we're thinking it.
- It has a vague Big Brother feel.
- Oh, please.
Don't tell me you've been surfing for porn on court computers.
No, but I wouldn't exactly be thrilled to have my personal laptop exposed for the world to see.
Well, don't traffic in child porn, you don't have anything to worry about, do you? Don't get accused, you mean.
'Cause once the accusation gets made -- What, you suggesting we use our judicial power to limit the prosecution? Of course child sexual abuse is a terrible thing, - but -- - "But"? Charlie, is there really any "but", that can possibly follow the sentence "I know child sexual abuse is a terrible thing"? From McMartin to the Wee Care case, prosecutors go crazy for child-sex-abuse charges.
Emotional juries invariably convict.
And years later, we usually find out the whole case was bogus.
Listen, this guy has opted for a jury trial.
- I cannot feed them a verdict.
- No, but You can keep them from hearing evidence that's irrelevant.
Let's be honest -- How in God's name can the accused's normal adult sexual activities have any bearing on the case except to make him seem icky to the jury? "Icky"? Is that a new legal term? Bring me the search record.
I'll review it.
So, I've been asking around about you.
P.
D.
's office loves you, loves you, D.
A.
's respects you.
- No small feat.
- It's nice to hear.
So, tell me Why are you thinking about leaving the P.
D.
's? - Burnout? - No I love it there.
Um, to be perfectly honest, I'm going through a divorce and there are economic issues that I'm dealing with.
Oh.
Sorry to hear.
I had some economic issues with my divorce as well.
It's not easy, but it gets better.
I don't mean to imply that I'm not interested in what you're doing here.
No, it'sI would not be here if I wasn't interested.
We need solid, experienced people around here.
We've got a ton of casework.
But the main thing here is If you bring in your own work, it's, well, you know, eat what you kill.
I I'm sorry? You bring in a case, you take a direct cut of the fee on top of your salary.
Eat what you kill.
I have reviewed the proposed evidence with respect to the defendant's online searches and considered the applicable case law.
There's no question that Mr.
Balco's position that the searches are material to the prosecution's theory does apply.
However, the fact that the evidence may be material is not dispositive, as it is more prejudicial than probative, which in this case, it is.
Therefore, the search-engine reports are to be excluded.
Mr.
Balco, should we bring in the jury? You can call your next witness.
Ms.
Chrisman, you and the defendant have been divorced for how long? Divorced two years, separated a year and half before that.
And prior to the defendant's arrest, you shared joint custody of your son, is that correct? Yes.
I'd like to show you a photograph that has been introduced into evidence.
We've taken the liberty of making sure the boy's genitals are covered in the image.
Do you recognize the boy in the photo? It's our son, Justin.
Your and the defendant's son? Yes.
And have you seen this photo before? Yes, it was posted on my ex-husband's webpage.
Is this the family-and-friends webpage you recall your husband posting? Yes.
And the text above the photo reads "here's Justin.
" Is that correct? Yes.
Thank you.
I'd like to show you one more image.
I'm sorry to put you through this.
Could you please read the text below the photo of your son? - "Here's Justin.
" - Thank you.
You'll notice, this time it wasn't my office who obscured your son's private area.
The website did that on its home page all on its own.
You see, there's text on the black circle covering Justin's private parts.
Yes.
Could you please read what it says? "Click here.
All access $14.
99.
" And what is $14.
99? The price for my child.
- You and Mr.
Chrisman are divorced.
- Yes.
It wasn't an amicable divorce, was it? No.
You did not agree on the disposition of property.
- No.
- You did not agree about alimony.
- No.
- You were not left feeling good about him.
I was left feeling he's an ass.
So, no, I was not left with good feelings.
So it's safe to say you're not fond of Mr.
Chrisman Yes.
Thank you.
Now, given all the bitterness of the divorce, given whatever anger you have towards your ex, I just want you to answer honestly under oath.
Is he, in your opinion a good father? Nate was a terrible husband.
But as a father, he never missed a birthday a ballgame.
He loves our son.
He'd step in front of a bus for Justin.
Yes.
He's a good father.
No further questions.
You worked as foreman a welding crew, is that right? Yes.
Commercial high-rises mostly.
The money's been tight since you were divorced? Money's always been tight, but it's been harder since the divorce.
And if you worked weekends, you would get overtime pay, is that correct? - Time and a half, that's right.
- But you never took weekend work.
No, I wouldn't Miss out on time with Justin.
Plus, I was the coach of his soccer team on weekends.
But you never missed a child-support payment.
I worked nights when Reanne had Justin.
I made do.
Nate, had you ever been arrested prior to this? - No.
- Ever accused of a crime? - No.
- How'd you first learn you were under investigation in this case? Two detectives showed up at my work site.
And they told my supervisor that they needed me for questioning.
You lost your job after that.
About a week after that.
My boss told me that it wasn't safe for me there anymore.
Guys were calling me a child molester Guys that I had worked with for years.
Were you able to continue coaching your son's soccer team? No.
The other parents didn't want me around their kids.
And custody of Justin? As soon as the D.
A.
filed charges, family court said I couldn't share custody anymore.
I get a supervised visit one hour, once a week.
That's it.
That's all the time my son and I get together.
Well, judging from what you just said on the stand, it seems you feel you're the victim in all this.
Is that a fair statement? My whole family's been a victim in this.
Including your son.
He's virtually lost his father.
He's been stigmatized.
It's been horrible for him.
And yet you don't feel at all responsible for what's happened? I have the right to take an innocent photo of my child.
So you've said.
And it doesn't bother you that the photo you took of your son - wound up being sold by a child pornographer? - Oh, of course it bothers me.
- But you feel no remorse over your part in it? - I'm sorry that it happened, but I didn't do anything wrong.
And I really shouldn't be the person sitting up here defending myself.
So you admit there was a crime committed here.
It's just not you who should be responsible.
It was an innocent photo.
I'm confused.
If if it was an innocent photo, then why does it bother you that a child pornographer featured it on his website? Why are you doing this to me? If you want to charge someone with something, why aren't you going after the pervert who was selling his photo? He was the one that was doing the exploiting.
You should be going after him, not us.
So the real criminal in all this if there is one is this pervert your word who was selling the naked photo of your son online.
It's fair to say that you were bothered by that fact, is that correct? Of course.
I was sickened by it.
Any father who loves his son would be.
But it was your photo the photo you took and posted on your own webpage that this pervert was selling.
- You don't contest that fact.
- But I didn't know he was selling it.
Until the detectives I I didn't know.
And if you'd known What would you have done? I would have hunted that sicko down and killed him with my bare hands.
Because he's a child pornographer exploiting your son? Yes.
Exploiting him with an image you gave to him.
No, no.
I did not give it to him.
You posted it on a publicly accessible social-networking website.
That's right for family and friends.
Anyone could see it.
And anyone could take it.
Isn't that true? Apparently so.
You gave it to him.
It was as good as if you had personally dropped a copy in his mailbox.
We do it every day.
"Is she old enough to take the train alone?" "Should I let him eat fast food again?" "Can she really wear that outfit to the party?" They're judgment calls, parental decisions ordinary people make all the time, but they're judgment calls.
Who hasn't looked at a child and said, "what parent would let her wear that outfit?" And we judge other people on their parenting all the time.
But what we don't do is criminalize the behavior.
Even when we disapprove, we don't seek to incarcerate the parents.
We'd never think to take their children away.
Why? Because we understand that parenting is complicated.
And unless someone is looking to actually harm a kid, we can't judge because we all do things, as parents, that others might look down on.
Harm was the farthest thing from this father's mind that evening when he snapped an innocent photo of his son.
Harm was the farthest thing from his mind when he posted it for his family to see and adore.
Harm never entered the equation.
Nate Chrisman is a decent, hardworking man, an attentive and loving parent even his ex-wife said it.
You can you can blame him for poor judgment.
You can rebuke him for foolishness or shortsightedness.
You can even sympathize with him for the tragic misappropriation of his son's image.
What you cannot do is believe for a second that this father looked at this photo and saw in the laughing eyes of his beloved son a sexual object.
Then he didn't commit the crimes they've charged.
This father has suffered for a year.
You have a chance to set things right.
You can't undo what's been done to this family.
But when you find this father not guilty, you can give him a fresh start, a chance to begin to rebuild the life that's been taken away by this case.
Thank you.
There are bad people in this world Killers, rapists, predators of all sorts.
They lurk in the shadows of our streets, and now they lurk in the shady, anonymous world of the internet.
And standing above all the responsibilities of parenthood your child from these people, to protect them from the devastating harm they can inflict on those who cannot protect themselves.
Nate Chrisman didn't do that.
What he did was toss a loaded gun into a cage full of killers and then cried victim when someone got hurt.
And make no mistake about it someone did get hurt.
Nate Chrisman's son will spend the rest of his life being objectified by pedophiles.
He got hurt.
And we all got hurt.
Because tolerating a culture of pedophilia perverts the fundamental decency of every person in this society.
The defendant said himself he has no remorse.
No remorse deserves no sympathy.
The fact that child pornographers used the images in ways he never intended is not a defense.
He gave them the means.
He gave them the opportunity.
He created the conditions under which a crime could occur.
You can't plant the seeds and cultivate the garden and then disavow the fruit.
"Boys, boys, boys.
Click here for full access.
" That's his legacy.
That's his parenting.
That's his crime.
I'm heading out.
You need anything? - A damn verdict in my case.
- The jury's still not back? Deliberated three hours and went home.
I hear you killed on your closing argument.
I did.
Doesn't help the waiting.
You do know that court's not in session.
- Cellphone is not gonna ring with a verdict.
- I know.
You're not well, Jerry.
- Buy you a beer? - I'm working.
- Is it good? - I think you'll be satisfied.
Look at that.
You got the envelope.
I'm done working.
Beer would be great.
Hey.
So How was the interview? Surprising.
- They actually do interesting work.
- Really? - Yes, really.
- Okay.
- Can I say one thing? - Just one? That's doubtful.
- Don't do it.
- Oh, come on, Jerry.
No, don't do it.
That's all.
Who cares where you live? I know that you're happy living in a box on the street so long as you're doing good for the world, but I happen to care about my home and my future.
Okay, this is really about a place to live? Don't leave over that.
I mean, you can move in with me.
Move in with Jerry, you think I should move in with you so that I can keep my job? - Why not? - 'Cause I don't make decisions about my life that way.
- Okay, well, maybe you should start.
- Okay, - Jerry, I don't know what I'm gonna do.
- Bobbi, I'm I'm I know that you're having a hard time waiting for your verdict, but I'm losing my marriage and I'm facing losing my home, and right now I don't need your judgments.
Gavin.
I'm sorry.
I know I know you.
Roz Whitman, Bobbi's boss.
Right.
She okay? She'd be better if you weren't trying to get her kicked out of her apartment.
Divorce.
- Things happen.
- I brought something for you.
Pretty good shots, given the angle, don't you think? What the hell is this? Surveillance photos of you making a drug buy.
My investigator will testify those were taken two days ago 121st and Morningside.
East general pharmacy running short of supplies? What, you're here to arrest me? I'm a public defender.
I don't make arrests.
But I can send that to the D.
A.
or the medical board.
May or may not mean jail time, but it sure would mean you would lose your medical license.
- Bobbi put you up to this.
- Bobbi doesn't know about this, and if she finds out, I will put those in the mail.
You see, my lawyers work very hard for their clients, which means they need to come in rested.
So I don't let them get booted out of their homes if I can help it.
You are not getting that apartment.
It's the last thing she has of her grandmother's.
Have a little decency.
Ladies and gentlemen, I have received a note from you indicating that you are unable to reach a verdict.
This is an important case.
It's expensive in terms of time, effort, money, and emotional strain.
I have no reason to believe that either side could try this case better or more exhaustively than it has been tried before you.
Therefore, "if a majority of you favor a conviction, "those who disagree should reconsider your reasonable doubts.
"If a majority or even fewer favor an acquittal, those favoring conviction might wish to re-examine their positions.
" Now, I am not asking you to surrender sincerely held beliefs.
But I remind you that it is your duty to try to agree on a verdict.
This is your job.
I'm gonna ask you now to retire to the jury room and continue your deliberations until you have one.
Hi.
How you doing? - Better.
Thanks.
- Good.
- How'd the job interview go? - They made me an offer.
I said no.
Turns out my ex did a 180 on the divorce settlement.
My attorney called to say he's totally backed off.
Wow.
So you get to keep your apartment and your job.
Yeah.
Yeah, you were right.
Sometimes things have a way of working themselves out.
Yeah.
Maybe he's not as bad of a guy as I thought.
Well, my guess is you know him pretty well.
- I'm just glad you're not going anywhere.
- Me too.
You know, before I found out about my ex changing his tune, I got the offer and I decided That I was gonna walk away from the apartment.
I care where I live, but I like what I do more, and there's nothing I'd rather do every day.
I know.
It's another hang note.
I have received from your foreman another note indicating that you cannot And I note this time that "cannot" is underlined three times reach a decision.
This has been a difficult and complicated case.
I have no reason to believe that you haven't, in all good faith, tried to reach a unanimous verdict.
And it is my impression from this note that you are inalterably hung.
Therefore, I will declare a mistrial on every count of the indictment.
You are discharged.
That's it? What happens next? - I need to talk to the prosecution.
- About what? He can choose to try the case again.
That's double jeopardy, right? No, it's a mistrial, Nate.
Double jeopardy doesn't apply.
Yeah, but so I mean, what? I mean, the D.
A.
he just gets to call a do-over? - Let me Let me talk to him, okay? - I thought this would be over.
I mean, one way or the other, I I thought we'd win.
But, you know, I prepared myself for the - All right, so if there's another trial, would it happen right away? - No.
We'd, uh, have to wait for a court date again.
Probably months.
How many months? Until there's a space on the docket.
A case like this Six to eight.
Eight months more being under indictment for child porn, being with my boy only in supervised visits? And then another trial after that? I can't go through this again.
No way.
Let me talk to the prosecution.
All right.
Okay.
Drop it? That's your proposal? We both know you'll never get a jury to convict if you retry this case.
And you'll never get a jury to acquit.
So here we are.
I keep this here.
Glencallan 35-year, Kiernan's choice, 1967.
This is a great bottle.
I only open it when I get a big win.
Let's do this.
Three years probation, parenting-skills program, sex-offender registration we both drink.
It's the same offer he turned down before, Nick.
- He didn't know it was unwinnable before.
- Neither did you.
I'm not convinced.
You know he can't take sex-offender status.
It will tar him for life.
Every time he tries to get an apartment, applies for a job.
He'll lose custody of his son.
That's the point.
The man is not a sex offender.
His son was sexually exploited, and it's his fault.
What does that make him? This man loves his son Nick.
You know that.
Do the right thing for once.
Does it ever occur to you that other people have a legitimate point of view or different moral perspective than your own? Just maybe you're not always absolutely right? We both know he's not a sex offender, okay? - So he'll take the probation - This was a peace offering.
I was being professional.
And you tell me you don't think I believe what I'm doing is right? You think, what, I'm just trying to get another win? That's why I do what I do? It's not out of my own sense of what's right? How wrong you are.
Check the calendar and pick a date.
- You don't want to try this case again.
- Pick a date.
It's not worth the agony for anyone.
Then take the deal.
ake the deal and have a drink or pick a date and we'll try it again.