1 00:00:04,199 --> 00:00:05,807 Thanks for flying Tawney. 2 00:00:41,813 --> 00:00:43,545 - You're late. - Me? 3 00:00:43,545 --> 00:00:45,454 Come on. Just follow me. 4 00:00:45,454 --> 00:00:47,253 And whatever you do, don't smile. 5 00:00:47,253 --> 00:00:48,910 Oh. I won't. 6 00:00:48,910 --> 00:00:51,009 - Ok, dear judge. - Jerry. 7 00:00:51,009 --> 00:00:52,512 Hey. How you doing? How's the kid? 8 00:00:52,512 --> 00:00:53,948 Hey. Good. Thanks for asking. 9 00:00:53,948 --> 00:00:55,976 Good. I'm, uh, here with the new judge. 10 00:00:55,976 --> 00:00:57,501 Honorable Lisa Tyler. 11 00:00:57,501 --> 00:00:59,417 She looks a lot younger than she actually is. 12 00:01:01,255 --> 00:01:03,397 Morning, Judge. Thank you, Jerry. 13 00:01:03,397 --> 00:01:06,040 Thank you. Come on. Come on. Come on. 14 00:01:06,040 --> 00:01:07,256 Just go. 15 00:01:07,256 --> 00:01:08,819 Judge Tyler? 16 00:01:09,114 --> 00:01:11,441 Nick, where the hell are you? We're going to miss the whole... 17 00:01:11,441 --> 00:01:12,933 What? What? 18 00:01:12,933 --> 00:01:14,440 Oh, stay there. 19 00:01:14,440 --> 00:01:15,807 No, stay there. Unbelievable. 20 00:01:15,807 --> 00:01:17,509 Oh, deja vu. 21 00:01:18,114 --> 00:01:20,875 Could've sworn I saw you in that suit and tie yesterday. 22 00:01:21,467 --> 00:01:22,569 Hi. Good morning. 23 00:01:22,569 --> 00:01:23,893 Good morning. Of course. I'm sorry. 24 00:01:23,893 --> 00:01:25,795 Meredith Kramer of the DA's office, 25 00:01:25,795 --> 00:01:27,519 this is our new associate, Lisa Tyler. 26 00:01:27,519 --> 00:01:29,532 Oh, the ex-dancer. Yes. 27 00:01:29,532 --> 00:01:31,353 Welcome. And congratulations 28 00:01:31,353 --> 00:01:32,832 on joining Morelli-Kaczmarek. 29 00:01:32,832 --> 00:01:34,897 I guess no respectable firms were hiring. 30 00:01:37,221 --> 00:01:38,094 Crack-up. 31 00:01:38,094 --> 00:01:40,221 Lisa's going to be working Ray McWhorter with me. 32 00:01:40,221 --> 00:01:42,475 Oh, great. Well, um, listen, 33 00:01:42,475 --> 00:01:43,474 don't waste your time on the kidnapping, 34 00:01:43,474 --> 00:01:45,052 because those charges won't go away. 35 00:01:46,488 --> 00:01:49,400 And remember, no lap dancing for the jurors. 36 00:01:49,400 --> 00:01:50,545 Could be contempt. 37 00:01:50,545 --> 00:01:52,559 Excuse me. I-I'm not... Ignore that. 38 00:01:52,559 --> 00:01:54,784 We got a case to try, and it's against her. 39 00:01:55,488 --> 00:01:56,921 So, it's, uh, kidnapping... 40 00:01:56,921 --> 00:01:58,400 Oh, there's Ray. Ray. 41 00:01:58,921 --> 00:02:00,160 Hey, Pete. How are you? 42 00:02:00,400 --> 00:02:02,884 - He's just a kid. - Okay... 43 00:02:02,884 --> 00:02:04,645 We are way down the list. 44 00:02:04,645 --> 00:02:05,954 Hold down the fort. 45 00:02:06,897 --> 00:02:09,536 Wait. Wait. Uh, you're leaving? 46 00:02:09,536 --> 00:02:11,662 Yeah. Nick and I got something big. 47 00:02:11,972 --> 00:02:13,503 Just make sure he says, "Not guilty". 48 00:02:13,503 --> 00:02:14,743 No, no. Hang on. Hey. 49 00:02:14,743 --> 00:02:16,574 What are the charges? The... the kid. 50 00:02:16,574 --> 00:02:17,728 I don't know... It's all in there. 51 00:02:17,728 --> 00:02:18,823 Case number, everything. 52 00:02:18,823 --> 00:02:21,203 It's just an arraignment. Not guilty. 53 00:02:21,977 --> 00:02:23,385 You should probably take a seat. 54 00:02:26,985 --> 00:02:31,926 Case number 09-F26-139B. 55 00:02:31,926 --> 00:02:33,798 Good morning. 56 00:02:40,340 --> 00:02:41,832 He's over there. 57 00:02:44,382 --> 00:02:45,202 Another one. 58 00:02:45,202 --> 00:02:46,751 Hey, Nick. How you doing? 59 00:02:51,120 --> 00:02:54,895 It's awful. 20 years, and a guy gets this. 60 00:02:56,230 --> 00:02:57,813 Are you out of your damned mind? 61 00:02:58,066 --> 00:02:58,912 Am I? 62 00:02:58,912 --> 00:03:00,742 You had your wife followed. 63 00:03:00,742 --> 00:03:02,756 Are you nuts? She's cheating on me, Pete. 64 00:03:02,756 --> 00:03:05,329 Cheating? She... she's got a book bag, Nick. 65 00:03:05,329 --> 00:03:07,096 The guy gave her a ride home from school. 66 00:03:07,096 --> 00:03:08,786 On a motorcycle! 67 00:03:08,786 --> 00:03:10,410 No more. No more. We're cutting him off. No more. 68 00:03:10,410 --> 00:03:11,758 Come on. Come on. Come on. Nick! Nick... 69 00:03:12,603 --> 00:03:15,051 You guys are separated. She can do what she wants. 70 00:03:15,051 --> 00:03:16,622 Oh, she can cheat? 71 00:03:16,622 --> 00:03:18,959 She can't cheat, Pete. Come on. 72 00:03:18,959 --> 00:03:22,322 All right, look. Look at her. Look at her. 73 00:03:22,322 --> 00:03:24,646 Look at the smile on that face. Nothing. Nothing. Nothing. 74 00:03:24,646 --> 00:03:26,564 What do you mean, nothing? Look at how close they're standing. 75 00:03:26,564 --> 00:03:29,607 All right, you got a hug, Nick. That's it. No kiss; just a hug. Look at the hand. 76 00:03:29,607 --> 00:03:32,224 Look at the hand. She's pressing him. She's pressing! No, they're hugging. 77 00:03:32,224 --> 00:03:33,642 It's, like, a polite tap. It's like, "What's up, bro?" Give me that. 78 00:03:33,642 --> 00:03:34,895 Jay, does that look like just a hug to you? 79 00:03:34,895 --> 00:03:37,416 Give me these. It's 10:30 in the morning. 80 00:03:37,416 --> 00:03:39,132 We're going to miss the whole thing. It's going up. 81 00:03:39,132 --> 00:03:41,015 And lose the photos, okay? It's embarrassing. 82 00:03:41,015 --> 00:03:42,339 All right, all right. Stop having your wife followed 83 00:03:42,339 --> 00:03:45,416 or I'll file a restraining order myself. Okay, okay! 84 00:03:46,815 --> 00:03:49,153 I don't know. I just thought things were starting to look up. 85 00:03:49,153 --> 00:03:51,542 That's all. I mean, she started laughing like she used to. 86 00:03:51,542 --> 00:03:53,572 I even... I was going to take her out on a date. 87 00:03:54,600 --> 00:03:56,080 Gonna take her to see Junior. 88 00:03:56,080 --> 00:03:57,613 I had a table right in the front. 89 00:03:57,613 --> 00:03:58,599 Whoa, whoa, whoa. You got tickets to Junior? 90 00:03:58,599 --> 00:03:59,951 Ah, does it matter anymore? Yeah. 91 00:03:59,951 --> 00:04:02,051 I've been trying for a damn month. 92 00:04:02,051 --> 00:04:03,876 Zoe, what's up? We're on our way in. 93 00:04:04,989 --> 00:04:07,101 When? When? 94 00:04:08,386 --> 00:04:09,732 Okay. Tell him we're on our way. 95 00:04:10,526 --> 00:04:12,856 We got to get you a coffee. Collect call from County. 96 00:04:13,885 --> 00:04:14,884 Dan Shepard. 97 00:04:30,534 --> 00:04:31,738 Door. 98 00:04:37,238 --> 00:04:38,707 Hey, Dan. You all right? 99 00:04:41,144 --> 00:04:42,199 Sorry, guys. 100 00:04:43,207 --> 00:04:44,204 Can't do it. 101 00:04:44,204 --> 00:04:46,683 Can't take the plea? It was a mistake. 102 00:04:46,683 --> 00:04:49,616 I-I can't just agree to go to prison. 103 00:04:50,124 --> 00:04:53,926 Uh, Dan, uh... you want to go to trial? 104 00:04:53,926 --> 00:04:55,058 Really? 105 00:04:55,058 --> 00:04:56,973 Yeah, you... you said you were ready. 106 00:04:57,594 --> 00:04:59,591 The judge was ready. Yeah, yeah, yeah, 107 00:04:59,591 --> 00:05:01,308 but we informed the court last night 108 00:05:01,308 --> 00:05:02,747 that you accepted the State's offer. 109 00:05:02,747 --> 00:05:04,698 But there's still a jury, right? 110 00:05:04,698 --> 00:05:06,417 So we just stick with the not guilty 111 00:05:06,417 --> 00:05:08,712 and-and we just go ahead. 112 00:05:08,712 --> 00:05:10,490 Well, we could do that, 113 00:05:10,490 --> 00:05:11,715 but you got a good deal. 114 00:05:11,715 --> 00:05:12,664 Three years is a good deal. 115 00:05:12,664 --> 00:05:13,775 Oh, come on. Good? 116 00:05:14,635 --> 00:05:16,720 A bunch of guys beat my brother near death, 117 00:05:16,720 --> 00:05:18,567 - Okay... - and I go to prison? 118 00:05:19,568 --> 00:05:20,496 No. 119 00:05:21,046 --> 00:05:23,184 Look, Dan, anyone could have done 120 00:05:23,184 --> 00:05:24,513 what you did... I would have... 121 00:05:24,513 --> 00:05:27,217 but the DA is not interested in justice here. 122 00:05:27,217 --> 00:05:28,344 This is about winning. 123 00:05:28,344 --> 00:05:30,456 Yes, and they can win. You know that. 124 00:05:30,456 --> 00:05:32,470 We explained that to you. I changed my mind. 125 00:05:32,470 --> 00:05:33,865 I-I can do that. 126 00:05:33,865 --> 00:05:35,950 It's "open murder" in Nevada. 127 00:05:36,203 --> 00:05:38,177 Okay? They can throw everything: 128 00:05:38,177 --> 00:05:40,895 first degree, second degree, manslaughter. 129 00:05:40,895 --> 00:05:43,835 They will bury this jury in charges. 130 00:05:43,835 --> 00:05:45,074 They'll confuse them. 131 00:05:45,074 --> 00:05:47,369 The jury is a wild card here, bud. 132 00:05:47,369 --> 00:05:49,740 They could... they could give you 40 years. 133 00:05:51,059 --> 00:05:54,369 The three you do with this plea gives you a chance to have a life. 134 00:05:54,369 --> 00:05:56,034 No. What kind of life is that? 135 00:05:56,400 --> 00:05:58,471 I didn't do anything wrong. 136 00:05:58,471 --> 00:05:59,527 Look... 137 00:06:01,531 --> 00:06:04,276 You want to go into court tomorrow and tell them to shove it? 138 00:06:06,946 --> 00:06:08,065 We'll do that. 139 00:06:08,431 --> 00:06:09,811 But do me a favor, all right? 140 00:06:11,192 --> 00:06:12,346 Sleep on it. 141 00:06:12,811 --> 00:06:14,130 I'm sorry, Nick. 142 00:06:15,003 --> 00:06:16,284 No deal. 143 00:06:18,481 --> 00:06:19,974 I'm just saying, 144 00:06:19,974 --> 00:06:21,157 be bold. 145 00:06:21,157 --> 00:06:22,636 "Be bold," my ass. 146 00:06:22,636 --> 00:06:24,545 He's tossing a great deal. 147 00:06:25,488 --> 00:06:27,896 Bad decision. Not if we win. 148 00:06:27,896 --> 00:06:30,900 You know how dumb that sounds coming from a Vegas lawyer? 149 00:06:30,900 --> 00:06:32,181 I'm just saying. 150 00:06:32,181 --> 00:06:33,589 I know what you're saying. 151 00:06:33,589 --> 00:06:36,522 "Be bold. Bet the house on red." 152 00:06:37,716 --> 00:06:39,384 Not your life you're risking. 153 00:06:40,194 --> 00:06:41,561 All right, here we are. 154 00:06:41,561 --> 00:06:42,618 I don't think we missed it. 155 00:06:42,618 --> 00:06:44,830 Nick, you ready for this? Wow. 156 00:06:47,294 --> 00:06:49,136 We didn't miss it. 157 00:06:49,136 --> 00:06:50,391 We didn't miss it. 158 00:06:50,391 --> 00:06:51,869 Wait for it, Nicky. 159 00:06:51,869 --> 00:06:53,150 Wait for it. 160 00:06:53,150 --> 00:06:54,413 Whoo! 161 00:06:54,413 --> 00:06:55,836 Son of a... We didn't miss it! 162 00:06:55,836 --> 00:06:57,514 Would you look at that, Nicky? We're huge! 163 00:06:57,514 --> 00:06:58,444 Yeah! 164 00:06:58,444 --> 00:07:00,936 Yeah, we're big-time, baby. 165 00:07:00,936 --> 00:07:02,287 Come on, do the stance, Nicky. 166 00:07:02,287 --> 00:07:03,949 Do the Defenders stance, like in the poster. 167 00:07:03,949 --> 00:07:05,300 Come on. Ah... 168 00:07:05,300 --> 00:07:07,422 Come on! Do it! Do it! 169 00:07:08,766 --> 00:07:10,583 Yeah! 170 00:07:10,583 --> 00:07:11,766 Yes, baby! 171 00:07:11,766 --> 00:07:13,611 The Defenders! 172 00:07:27,768 --> 00:07:29,135 Morelli-Kaczmarek. 173 00:07:30,114 --> 00:07:31,256 May I have him return? 174 00:07:31,256 --> 00:07:33,661 - Thank you. - Aspirin, coffee. 175 00:07:33,661 --> 00:07:34,786 Hold my calls. 176 00:07:35,248 --> 00:07:36,557 Nick? Pete? 177 00:07:36,965 --> 00:07:38,699 - This is... - Eva. 178 00:07:38,699 --> 00:07:41,677 DeMoan. Yes, of course. We are, uh, huge fans. 179 00:07:41,677 --> 00:07:43,198 Please let us know if we can be of any assistance. 180 00:07:43,198 --> 00:07:45,100 You found the best adult film lawyer 181 00:07:45,100 --> 00:07:46,260 in the business, Ms. DeMoan. 182 00:07:46,260 --> 00:07:48,697 We are very proud to have Lloyd with us. 183 00:07:48,697 --> 00:07:49,667 After you. 184 00:07:50,425 --> 00:07:51,849 Bye. 185 00:07:52,692 --> 00:07:54,473 Pretend you're a professional. 186 00:07:56,770 --> 00:08:00,529 Messages. Zoe. Bill Diemer from Winston-Kerner. 187 00:08:00,529 --> 00:08:02,558 Your contractor says he's almost done with your bathrooms. 188 00:08:02,558 --> 00:08:04,329 You should be out of that hotel in about a week. 189 00:08:04,329 --> 00:08:05,752 And some Nina, 190 00:08:05,752 --> 00:08:06,891 staying at the Wynn, 191 00:08:06,891 --> 00:08:08,567 said you'd remember, which I'm sure you don't. 192 00:08:09,019 --> 00:08:11,129 Just give me that. Any luck with Junior? 193 00:08:11,129 --> 00:08:13,041 I tried everywhere. Those tickets are gold. 194 00:08:13,041 --> 00:08:14,011 It's impossible. 195 00:08:14,011 --> 00:08:15,566 Wrong answer. Keep trying. 196 00:08:15,566 --> 00:08:17,666 Morelli-Kaczmarek. 197 00:08:17,666 --> 00:08:19,688 Hey. How did Ray plead? 198 00:08:20,166 --> 00:08:21,796 May I close this? Sure. 199 00:08:23,136 --> 00:08:24,926 Not guilty. Great. 200 00:08:24,926 --> 00:08:26,678 Nice work. What's up? 201 00:08:26,933 --> 00:08:29,308 It's none of the DA's or anyone else's damn business 202 00:08:29,308 --> 00:08:31,174 how I put myself through law school. 203 00:08:31,174 --> 00:08:33,072 Agreed. Did not get it from me. 204 00:08:33,072 --> 00:08:34,523 I will not work like this. 205 00:08:34,523 --> 00:08:36,646 I don't give a rat's ass you're the only law firm 206 00:08:36,646 --> 00:08:38,944 that offered me a job. I'll go back to dancing. 207 00:08:39,217 --> 00:08:41,309 Ray McWhorter is not some case number. 208 00:08:41,573 --> 00:08:42,887 And you sent me in that courtroom 209 00:08:42,887 --> 00:08:44,470 completely unprepared to represent... 210 00:08:44,470 --> 00:08:45,826 Not guilty. You entered the right plea. 211 00:08:45,826 --> 00:08:47,424 What the hell, Pete? That doesn't matter. 212 00:08:47,424 --> 00:08:48,917 I was representing a young boy 213 00:08:48,917 --> 00:08:50,670 in court not knowing a damn thing about him. 214 00:08:50,670 --> 00:08:52,931 Okay, okay. What do you know now? 215 00:08:53,672 --> 00:08:54,436 Take me through it. 216 00:08:56,620 --> 00:08:57,553 Well, 217 00:08:57,949 --> 00:09:00,238 to begin with, he's a mixed-up teenager 218 00:09:00,238 --> 00:09:02,245 without a record who robbed his pot dealer. 219 00:09:02,245 --> 00:09:04,565 Pointed a gun... yes, that's a serious crime, 220 00:09:04,565 --> 00:09:06,373 but the kidnapping charge is just ridiculous. 221 00:09:06,373 --> 00:09:08,145 How so? You got movement. You got risk. 222 00:09:08,145 --> 00:09:11,125 Telling the dealer to move ten feet into his own bedroom 223 00:09:11,125 --> 00:09:13,329 to get the pot was incidental to the robbery. 224 00:09:13,607 --> 00:09:15,237 Kidnapping would be dual liability. 225 00:09:15,237 --> 00:09:17,328 Okay. All right. You're a big girl. 226 00:09:17,714 --> 00:09:21,179 Just graduated law school. What would you do? 227 00:09:22,046 --> 00:09:24,209 - I would fight the kidnapping, but that... - Look at that. 228 00:09:24,209 --> 00:09:26,112 Perfect. There you go. 229 00:09:26,112 --> 00:09:28,224 You figured out the whole case: the defense, 230 00:09:28,224 --> 00:09:30,786 that the prosecutors are overcharging scumbags. 231 00:09:30,786 --> 00:09:33,042 And all I had to do was get you to court on time. 232 00:09:33,042 --> 00:09:34,841 But that's not my... my-my-my point. 233 00:09:34,841 --> 00:09:35,736 My point is-is that... 234 00:09:35,736 --> 00:09:37,917 Lisa, have a seat. 235 00:09:45,306 --> 00:09:46,541 My first day, 236 00:09:47,012 --> 00:09:49,095 Nick tossed me in the deep end. 237 00:09:49,782 --> 00:09:51,588 End of that day, I'm in his office. 238 00:09:51,588 --> 00:09:52,992 I'm screaming at him. 239 00:09:52,992 --> 00:09:54,518 "I could have made a mistake. 240 00:09:54,518 --> 00:09:56,670 These people are counting on us, you son of a..." 241 00:09:57,472 --> 00:10:00,601 And I just look up, and he's smiling. 242 00:10:01,081 --> 00:10:02,864 And before I could punch him, 243 00:10:03,994 --> 00:10:06,868 he says, "I'll be damned. 244 00:10:07,894 --> 00:10:09,630 "I thought I was the only one dumb enough 245 00:10:09,630 --> 00:10:11,515 to care so freakin' much." 246 00:10:12,043 --> 00:10:16,061 Lisa... you're going to be a great lawyer. 247 00:10:17,737 --> 00:10:20,187 And right now we need all hands 248 00:10:20,451 --> 00:10:23,490 because Dan Shepard is going to trial. 249 00:10:24,856 --> 00:10:26,260 Thomas Cole for the people, Your Honor. 250 00:10:26,260 --> 00:10:28,265 Nicolas Morelli for the defense. 251 00:10:28,265 --> 00:10:29,971 Pete Kaczmarek for the defense, Your Honor. 252 00:10:29,971 --> 00:10:31,472 Good morning, gentlemen. 253 00:10:31,472 --> 00:10:34,902 I'm informed we have a disposition in this case? 254 00:10:35,224 --> 00:10:37,132 No, Your Honor. No? 255 00:10:37,630 --> 00:10:39,515 Not today? Not at all, Judge. 256 00:10:39,731 --> 00:10:41,324 Mr. Shepard maintains his innocence. 257 00:10:41,324 --> 00:10:42,223 Mr. Shepard, 258 00:10:42,223 --> 00:10:43,342 you were offered a plea, 259 00:10:43,342 --> 00:10:45,949 voluntary manslaughter with a sentence of six years, 260 00:10:45,949 --> 00:10:48,399 that with good behavior could have you out in three? 261 00:10:48,399 --> 00:10:49,719 Your Honor... Sir, 262 00:10:50,406 --> 00:10:53,383 I can tell you your lawyers are very good at certain things, 263 00:10:53,383 --> 00:10:55,604 and the deal they have made for you reflects that. 264 00:10:55,604 --> 00:10:58,798 But trial is an uncertain bet. 265 00:10:59,015 --> 00:11:01,260 Conviction on the most serious charge 266 00:11:01,260 --> 00:11:02,466 against you could lead 267 00:11:02,466 --> 00:11:04,963 to a term of 40 years to life. 268 00:11:04,963 --> 00:11:06,490 Do you understand that? 269 00:11:06,490 --> 00:11:07,177 He understands. 270 00:11:07,177 --> 00:11:08,506 I'm talking to him, Counselor! 271 00:11:11,402 --> 00:11:13,428 Do you withdraw your deal 272 00:11:13,428 --> 00:11:15,971 with the state and maintain your original plea? 273 00:11:20,682 --> 00:11:22,114 Uh, yes, Your Honor. 274 00:11:22,435 --> 00:11:23,377 Not guilty. 275 00:11:23,377 --> 00:11:25,968 In light of the late-changing circumstances, Your Honor, 276 00:11:25,968 --> 00:11:27,655 we would request more time in order... 277 00:11:27,655 --> 00:11:30,466 Continuance denied. We still have a jury. 278 00:11:30,466 --> 00:11:33,494 I see no reason to delay Mr. Shepard's day in court. 279 00:11:33,494 --> 00:11:35,859 I will see you at 9:00 a.m. 280 00:11:35,859 --> 00:11:37,297 Tomorrow, Your Honor? 281 00:11:37,297 --> 00:11:40,115 Talk to your client, not to me. Let him know 282 00:11:40,115 --> 00:11:42,238 what he has just stepped into. 283 00:11:42,238 --> 00:11:44,361 You are risking... Good-bye, Counsel. 284 00:11:51,343 --> 00:11:52,518 They were all over him, 285 00:11:52,518 --> 00:11:55,452 just pounding him, kicking him, swinging. 286 00:11:56,055 --> 00:11:57,280 They could have killed him. 287 00:11:57,722 --> 00:12:00,856 I came out, and the-the guy rushed me, 288 00:12:00,856 --> 00:12:02,081 so I-I shot. 289 00:12:02,335 --> 00:12:04,586 I thought I shot the ground just to scare him. 290 00:12:05,290 --> 00:12:07,277 God, I did not mean to kill anybody. 291 00:12:08,795 --> 00:12:10,478 I was only trying to help Scott. 292 00:12:11,637 --> 00:12:12,644 I don't know. 293 00:12:12,644 --> 00:12:15,528 Maybe I could have done it better. 294 00:12:16,376 --> 00:12:18,712 There, "Maybe I could have done it better." 295 00:12:19,061 --> 00:12:21,251 The D.A.'s gonna rub the jury's nose in that; 296 00:12:21,251 --> 00:12:24,096 say it's an admission of guilt. So we introduce it first. 297 00:12:24,096 --> 00:12:25,446 Stress how he's trying to save his brother. 298 00:12:25,446 --> 00:12:26,963 Pete, he says it! 299 00:12:26,963 --> 00:12:28,096 "Could have done it better"! 300 00:12:28,096 --> 00:12:30,922 How do we fight our own guy's words? Nick, he shot a guy. 301 00:12:30,922 --> 00:12:33,193 - Only a real dirtbag doesn't feel some guilt. - Yeah? 302 00:12:33,193 --> 00:12:34,965 You got a shrink that's gonna testify to that? 303 00:12:34,965 --> 00:12:36,030 Because we got nothing. 304 00:12:36,304 --> 00:12:37,699 They got forensic evidence 305 00:12:37,699 --> 00:12:39,612 that says Dan shot the guy in the back. 306 00:12:39,829 --> 00:12:40,856 We got squat. 307 00:12:41,176 --> 00:12:44,466 - No witnesses, no docs. - We play the hand we've been dealt. 308 00:12:44,466 --> 00:12:45,493 We've done it before. 309 00:12:45,493 --> 00:12:48,160 Oh! Sammy's game starts at 5:00. 310 00:12:48,160 --> 00:12:49,827 I promised I wouldn't be late. 311 00:12:49,827 --> 00:12:52,132 Hey, this-this PD interview 312 00:12:52,132 --> 00:12:54,827 of Dan's neighbor Eunice Brown says she witnessed the fight. 313 00:12:54,827 --> 00:12:56,494 Yeah, forget that. Been there. 314 00:12:56,494 --> 00:12:59,573 Eunice Brown is 200 years old and legally blind. 315 00:12:59,573 --> 00:13:01,165 Well, wait, Nick, though. 316 00:13:01,165 --> 00:13:03,167 She says, "I could hear them yelling. 317 00:13:03,167 --> 00:13:05,632 "We went to the window, but I couldn't see." 318 00:13:05,632 --> 00:13:06,443 So? 319 00:13:06,443 --> 00:13:10,128 Guys, according to PD, the woman lives alone, husband's dead, 320 00:13:10,128 --> 00:13:12,268 but "we went to the window"? 321 00:13:13,649 --> 00:13:15,222 So who is "we"? 322 00:13:18,482 --> 00:13:19,435 Find out. 323 00:13:20,695 --> 00:13:21,965 Yeah! 324 00:13:21,965 --> 00:13:24,092 Go! Whoo! Come on! Come on! 325 00:13:24,092 --> 00:13:26,852 Go, go, go, go, go! Yes! Whoo! 326 00:13:26,852 --> 00:13:28,026 Excuse me. 327 00:13:28,794 --> 00:13:32,007 Hey, Jessie, Jessie, I am so sorry I'm late. 328 00:13:32,007 --> 00:13:33,567 Oh, no. What time is your class? 329 00:13:33,567 --> 00:13:35,027 Yeah, I'm okay still. You're okay? 330 00:13:35,027 --> 00:13:35,786 Yeah, yeah, yeah. 331 00:13:35,786 --> 00:13:37,426 It's 2-2. Sammy walked in the third. 332 00:13:37,426 --> 00:13:38,537 He scored the tying run. 333 00:13:38,537 --> 00:13:39,763 - He scored? - Yeah. 334 00:13:39,763 --> 00:13:41,754 Hey, Sammy, way to go, champ! 335 00:13:41,754 --> 00:13:44,235 That's my boy. 336 00:13:44,235 --> 00:13:46,120 He scored. Yeah. 337 00:13:47,174 --> 00:13:47,966 How about you? 338 00:13:49,072 --> 00:13:50,166 You score lately? 339 00:13:50,834 --> 00:13:53,578 - What? - Maybe a little birdie told me 340 00:13:53,578 --> 00:13:55,029 that you had a date last week. 341 00:13:55,029 --> 00:13:56,101 Excuse me? 342 00:13:56,101 --> 00:13:58,615 Five-ten, rides a motorcycle. 343 00:13:58,615 --> 00:14:00,019 A little bird? 344 00:14:00,481 --> 00:14:01,926 What the hell does that mean? 345 00:14:02,379 --> 00:14:03,359 What? 346 00:14:06,024 --> 00:14:07,513 Did you have me followed? 347 00:14:07,767 --> 00:14:08,748 What? 348 00:14:08,748 --> 00:14:11,611 Did you have Frank follow me? 349 00:14:11,611 --> 00:14:13,655 - I didn't say that. - You did! 350 00:14:13,655 --> 00:14:17,179 - Oh! My son of a... - Jess, Jess, Jess, 351 00:14:17,179 --> 00:14:19,053 there's no reason to get bent out of shape here. 352 00:14:19,053 --> 00:14:21,167 A little bird told you that? It's around. 353 00:14:21,167 --> 00:14:22,702 There had better not be any photos. 354 00:14:24,078 --> 00:14:25,560 Oh, there are photos! 355 00:14:25,560 --> 00:14:27,850 Oh, my God! I can't... 356 00:14:27,850 --> 00:14:31,642 You know what? It is none of your business if I am dating or not. 357 00:14:31,642 --> 00:14:36,581 So you can go tell that little bird to go and fly into a wall. 358 00:14:39,505 --> 00:14:42,144 Sammy, wake up! 359 00:14:46,905 --> 00:14:48,856 It's all right. It's all right. 360 00:14:52,436 --> 00:14:53,991 It was just the usual party 361 00:14:53,991 --> 00:14:55,611 after the football game at my house. 362 00:14:55,875 --> 00:14:58,221 A bunch of guys stayed over, including John. 363 00:14:58,758 --> 00:14:59,974 That would be John Thompson. 364 00:15:00,510 --> 00:15:01,867 Yeah, he was my best friend. 365 00:15:02,387 --> 00:15:03,838 I really didn't even know why it happened. 366 00:15:03,838 --> 00:15:05,298 I mean, we didn't want any trouble. 367 00:15:05,298 --> 00:15:06,842 But trouble found you, didn't it? 368 00:15:06,842 --> 00:15:08,783 - Objection. - Sustained. 369 00:15:09,107 --> 00:15:11,698 Let's go back to the night before the shooting, Mr. Ford, 370 00:15:11,906 --> 00:15:13,215 at your party after the game. 371 00:15:13,874 --> 00:15:15,053 You spoke to the police. 372 00:15:15,053 --> 00:15:16,383 Some neighbor called 373 00:15:16,383 --> 00:15:17,710 and said we were being too noisy. 374 00:15:17,710 --> 00:15:20,041 And did the police say who it was that made the complaint? 375 00:15:20,041 --> 00:15:22,208 No. Just a neighbor. 376 00:15:33,342 --> 00:15:33,936 Yes? 377 00:15:33,936 --> 00:15:35,434 - Eunice Brown? - Yes. 378 00:15:35,434 --> 00:15:38,203 Hi. I'm Lisa Tyler with Morelli-Kaczmarek. 379 00:15:38,443 --> 00:15:40,290 - We represent Daniel Shepard, your neighbor... - No! 380 00:15:40,290 --> 00:15:42,192 I won't get anyone in trouble. 381 00:15:42,192 --> 00:15:44,867 In trouble? No, of course not. 382 00:15:45,433 --> 00:15:46,234 Um... 383 00:15:49,866 --> 00:15:52,033 You know, I'm sorry. 384 00:15:52,297 --> 00:15:53,531 I'll leave you alone. 385 00:15:58,328 --> 00:15:59,665 Went out for breakfast. 386 00:15:59,665 --> 00:16:01,550 It was me, Mike, Ford... 387 00:16:02,592 --> 00:16:03,246 and John. 388 00:16:03,246 --> 00:16:05,964 - That would be John Thompson the victim. - Yeah. 389 00:16:06,189 --> 00:16:08,806 When you got back to Mr. Ford's house after breakfast, 390 00:16:08,806 --> 00:16:11,209 did you find his neighbor, the defendant? 391 00:16:11,209 --> 00:16:13,402 Yeah. He was out in the street with his brother, 392 00:16:13,402 --> 00:16:15,635 screaming how Ford slashed his tires, 393 00:16:15,635 --> 00:16:17,087 for calling the police on the party. 394 00:16:17,087 --> 00:16:19,726 But Mr. Ford has testified that he didn't know 395 00:16:19,726 --> 00:16:20,870 who called the police. 396 00:16:21,162 --> 00:16:23,169 - Did you know who called the police? - No. 397 00:16:23,583 --> 00:16:25,590 Dan Shepard hit you, did he not? 398 00:16:25,590 --> 00:16:27,823 Yeah. I got out of the car, and he sucker punched me. 399 00:16:28,219 --> 00:16:29,283 That's when the fight started. 400 00:16:29,935 --> 00:16:30,943 Over car tires. 401 00:16:31,320 --> 00:16:32,771 Did you slash his tires, Robert? 402 00:16:33,007 --> 00:16:35,795 - No. Why would I? - Right. Why would you? 403 00:16:36,046 --> 00:16:38,137 Or Ford or John, 404 00:16:38,137 --> 00:16:40,682 - who lost his life, - Objection. 405 00:16:40,682 --> 00:16:42,386 over something stupid that none of you 406 00:16:42,386 --> 00:16:44,393 - had a motive for. - Objection, Your Honor! 407 00:16:44,393 --> 00:16:45,454 Sustained. 408 00:16:45,454 --> 00:16:47,712 Mr. Cole, leave the editorial for the papers. 409 00:16:48,278 --> 00:16:49,371 No more questions. 410 00:16:52,838 --> 00:16:55,245 Okay, uh, Mr. Church, 411 00:16:55,245 --> 00:16:57,257 you testified that the fight started here 412 00:16:57,257 --> 00:17:00,093 on the street in front of Mr. Ford's house? - Yes. 413 00:17:00,093 --> 00:17:02,829 And it ended there in the Shepard's drive? 414 00:17:02,829 --> 00:17:03,956 Is that about right? 415 00:17:04,951 --> 00:17:08,865 - Yeah. Yes. - How did the fight get from here... 416 00:17:10,547 --> 00:17:12,800 - to there? - I don't know. It's a fight. 417 00:17:12,800 --> 00:17:15,005 - They go all over. - Oh, you been in a lot of fights? 418 00:17:15,005 --> 00:17:17,229 - Objection. - What? He says he knows fights, 419 00:17:17,229 --> 00:17:19,487 - he knows how they go. - Keep it short, Counsel. 420 00:17:19,487 --> 00:17:21,145 How many fights you been in, Mr. Church? 421 00:17:21,145 --> 00:17:22,267 One to five? 422 00:17:22,267 --> 00:17:24,309 - Five to ten? - A few, okay? 423 00:17:24,510 --> 00:17:27,420 - I don't start them. - Have you ever lost one? 424 00:17:27,892 --> 00:17:30,915 Probably not, right? Look at you. You're a big guy. 425 00:17:30,915 --> 00:17:33,898 What are you, 200, 245, 250? 426 00:17:33,898 --> 00:17:37,652 Actually, in your high school football roster... 427 00:17:39,577 --> 00:17:43,016 Got Ed Ford here as 210, Mike Weiss is... 428 00:17:43,016 --> 00:17:46,325 Wow, 260 pounds. 429 00:17:46,325 --> 00:17:50,134 - And John was 220. - Judge, is there a question here? 430 00:17:50,526 --> 00:17:52,141 It's the same, Mr. Church. 431 00:17:52,141 --> 00:17:53,650 How'd the fight 432 00:17:53,650 --> 00:17:56,987 get from here to there? 433 00:17:56,987 --> 00:17:59,280 I mean, four big football players 434 00:17:59,684 --> 00:18:01,390 against two skinny guys. 435 00:18:01,390 --> 00:18:04,738 Did you push the Shepards here? 436 00:18:05,024 --> 00:18:06,882 Or did you chase them? 437 00:18:18,321 --> 00:18:19,324 Hola. 438 00:18:19,911 --> 00:18:22,906 Excuse me. What's your name? 439 00:18:24,380 --> 00:18:25,383 Ana. 440 00:18:25,787 --> 00:18:29,685 Ana, I was wondering if we could talk? 441 00:18:29,685 --> 00:18:31,795 It's about the neighbor, Daniel Shepard. 442 00:18:31,795 --> 00:18:33,353 The shooting? 443 00:18:38,087 --> 00:18:40,082 You're saying that you were inside Mr. Ford's house 444 00:18:40,082 --> 00:18:41,422 when you heard yelling, Miss Novak? 445 00:18:41,422 --> 00:18:45,088 Yes. I went out into the yard, 446 00:18:45,088 --> 00:18:47,950 and saw them. They were over by the other house. 447 00:18:47,950 --> 00:18:50,915 The other house? The defendant's house? 448 00:18:50,915 --> 00:18:55,534 Yes. They were all fighting, and I was, like, "John! 449 00:18:55,534 --> 00:18:56,940 "John, stop! 450 00:18:56,940 --> 00:18:58,327 Let's just go, okay?" 451 00:18:59,498 --> 00:19:01,405 And that's when it happened. 452 00:19:02,667 --> 00:19:05,092 He walked out of the house with a gun. 453 00:19:05,092 --> 00:19:07,035 I could see it... 454 00:19:07,399 --> 00:19:09,373 and then he just shot John. 455 00:19:09,373 --> 00:19:11,053 He just shot him. 456 00:19:11,053 --> 00:19:12,142 You! 457 00:19:13,146 --> 00:19:16,762 He was on his knees begging you! 458 00:19:16,762 --> 00:19:19,977 And you shot him! You shot him in the back! 459 00:19:28,987 --> 00:19:30,592 Thank you, Miss Novak. 460 00:19:32,404 --> 00:19:34,571 Yeah, it didn't go so well, but we're headed back in now. 461 00:19:34,571 --> 00:19:37,624 Zoe, let me call you from the car. 462 00:19:39,450 --> 00:19:40,922 Hey, Scott. 463 00:19:40,922 --> 00:19:43,718 How you holding up, man? 464 00:19:43,718 --> 00:19:46,849 You should have convinced him to take the deal. 465 00:19:46,849 --> 00:19:50,247 - Scott, it was Dan's decision. - It was a mistake. 466 00:19:51,018 --> 00:19:52,322 Hey, you know... 467 00:19:53,964 --> 00:19:56,776 You should have convinced him. 468 00:20:01,708 --> 00:20:03,682 Hamels has been on his game. 469 00:20:03,682 --> 00:20:05,288 He delivers fastball. 470 00:20:05,288 --> 00:20:08,718 Swung through, and the count evens up at one and one to Uggla. 471 00:20:08,718 --> 00:20:12,056 Hey, Sam, what are you doing? 472 00:20:12,056 --> 00:20:13,325 Eat your vegetables. 473 00:20:13,325 --> 00:20:14,647 I don't like vegetables. 474 00:20:14,647 --> 00:20:16,205 It's on a pizza! 475 00:20:16,205 --> 00:20:18,212 Hamels is in with the sign one more time. 476 00:20:18,212 --> 00:20:21,428 There's Chase. And the delivery. Oh, it hits him in his back! 477 00:20:21,428 --> 00:20:23,748 Whoa! It could have killed him! 478 00:20:23,748 --> 00:20:25,756 A fastball, up and in, hits Uggla in the back. 479 00:20:25,756 --> 00:20:29,303 And he'll be the first base runner tonight for the Marlins. 480 00:20:29,303 --> 00:20:31,708 Mmm! Mmm! 481 00:20:44,414 --> 00:20:46,085 You're a good boy. 482 00:21:12,909 --> 00:21:15,378 All right, I'm here. 483 00:21:15,378 --> 00:21:16,791 What you got? 484 00:21:16,791 --> 00:21:18,632 Fight's under the carport. 485 00:21:18,961 --> 00:21:21,711 Dan goes into the house to get the gun. 486 00:21:21,711 --> 00:21:24,578 He comes out the door here. 487 00:21:24,578 --> 00:21:26,558 Thompson is somewhere in between. 488 00:21:26,558 --> 00:21:29,754 I figure right about there, right? 489 00:21:29,754 --> 00:21:31,259 Nick, we got to be downtown in 20 minutes. 490 00:21:31,259 --> 00:21:32,735 Okay, you be Thompson. 491 00:21:32,735 --> 00:21:34,464 You stand right there. 492 00:21:34,464 --> 00:21:35,870 I'll be Dan. 493 00:21:35,870 --> 00:21:37,862 And when I come out the door, 494 00:21:38,427 --> 00:21:40,021 you rush me. 495 00:21:47,485 --> 00:21:48,346 Hey! 496 00:21:48,346 --> 00:21:51,221 Hey, what the hell is your problem? 497 00:21:51,221 --> 00:21:53,551 You jerk! This is a $200 shirt! 498 00:21:53,551 --> 00:21:55,163 I'm sorry. 499 00:21:55,163 --> 00:21:57,158 I got another one in the car. 500 00:21:59,497 --> 00:22:03,531 The bullet entered the trapezius muscle and traveled down, 501 00:22:03,531 --> 00:22:06,236 through the torso, exiting the oblique. 502 00:22:06,236 --> 00:22:07,640 And what does that suggest, Doctor? 503 00:22:07,640 --> 00:22:09,403 Put simply, the victim, 504 00:22:09,403 --> 00:22:13,704 Mr. Thompson, was shot in the back from above. 505 00:22:13,704 --> 00:22:14,874 Like an execution? 506 00:22:14,874 --> 00:22:16,131 Objection. 507 00:22:16,131 --> 00:22:17,513 Move to strike. 508 00:22:17,513 --> 00:22:18,504 Strike that. 509 00:22:18,504 --> 00:22:21,020 Thank you, Doctor. No further questions. 510 00:22:29,722 --> 00:22:32,146 You're a baseball fan, right, Dr. Pitts? 511 00:22:32,146 --> 00:22:33,829 I watch a bit, yes. 512 00:22:33,829 --> 00:22:36,785 So you've seen it when a batter gets hit by a pitch. 513 00:22:36,785 --> 00:22:40,538 Before he gets hit, he turns away so he doesn't get beaned. 514 00:22:40,538 --> 00:22:42,120 It's human nature, I suppose. 515 00:22:42,120 --> 00:22:43,789 Wouldn't it be human nature then 516 00:22:43,789 --> 00:22:47,908 for John Thompson, when seeing the gun, 517 00:22:47,908 --> 00:22:49,920 to turn away, 518 00:22:49,920 --> 00:22:51,524 resulting in the bullet 519 00:22:51,524 --> 00:22:53,079 going through his upper back? 520 00:22:53,079 --> 00:22:54,041 It's possible. 521 00:22:54,041 --> 00:22:57,126 Possible. Possible that Thompson 522 00:22:57,126 --> 00:22:59,065 turned away from the gun- he flinched? 523 00:22:59,065 --> 00:23:00,168 Yes, perhaps, 524 00:23:00,168 --> 00:23:03,558 but it's not simply the turning away that's important here. 525 00:23:03,558 --> 00:23:06,170 Right? It's the angle of fire. 526 00:23:06,170 --> 00:23:08,012 - Okay. - The trajectory. 527 00:23:08,557 --> 00:23:12,196 The bullet entered here and exited here. 528 00:23:12,196 --> 00:23:14,440 I have no choice but to conclude 529 00:23:14,440 --> 00:23:16,376 that the shooter stood over the victim, 530 00:23:16,376 --> 00:23:18,532 who, I suspect, was down on his knees. 531 00:23:18,532 --> 00:23:20,284 Wow. Chajectory? 532 00:23:20,284 --> 00:23:21,615 Trajectory. Right. 533 00:23:21,615 --> 00:23:23,607 Chajectory told you all that? 534 00:23:23,607 --> 00:23:27,292 Yes, it's a matter of the relative heights of the defendant and victim. 535 00:23:27,292 --> 00:23:30,043 Oh, I get it. Okay. So then, 536 00:23:30,043 --> 00:23:32,444 would it make a difference in your chajectory 537 00:23:32,444 --> 00:23:35,973 if John Thompson were, say, four feet tall? 538 00:23:36,315 --> 00:23:38,001 - Excuse me. - Or Daniel Shepard 539 00:23:38,001 --> 00:23:40,146 was eight feet tall? Would it make a difference? 540 00:23:40,146 --> 00:23:42,091 Obviously, but there's absolutely... 541 00:23:42,091 --> 00:23:44,332 Oh, okay, okay, okay. 542 00:23:45,072 --> 00:23:49,085 Your Honor, defense exhibit four and five. 543 00:23:49,977 --> 00:23:51,668 Here, Doctor, here... 544 00:23:53,658 --> 00:23:54,693 There. 545 00:23:54,693 --> 00:23:56,959 Between the door frame and the driveway... 546 00:23:56,959 --> 00:23:58,726 does that look like a step to you? 547 00:23:58,726 --> 00:24:00,784 Where? I don't see any... 548 00:24:02,435 --> 00:24:03,846 A step, 549 00:24:03,846 --> 00:24:07,687 right outside the back door, 24 inches above the driveway. 550 00:24:07,687 --> 00:24:09,542 Objection. He's testifying. 551 00:24:09,542 --> 00:24:11,997 Okay, I'll rephrase that. 552 00:24:12,253 --> 00:24:15,258 Okay, Dr. Pitts, if Daniel Shepard 553 00:24:15,258 --> 00:24:17,210 were above John Thompson 554 00:24:17,210 --> 00:24:20,408 when he shot, say up on a step, 555 00:24:20,408 --> 00:24:22,511 if he were eight feet tall, 556 00:24:22,511 --> 00:24:26,320 would that account for the bullet's chajectory? 557 00:24:27,282 --> 00:24:28,987 Yes, I suppose. 558 00:24:30,976 --> 00:24:32,933 Thank you so much, Dr. Pitts. 559 00:24:34,896 --> 00:24:37,816 Oh, I'm sorry. I need those photographs... 560 00:24:37,816 --> 00:24:39,675 Objection! Your Honor, there's no room 561 00:24:39,675 --> 00:24:42,148 for these antics in a serious courtroom! Mr. Morelli, 562 00:24:42,558 --> 00:24:46,458 - I'm warning you. - I am so sorry. 563 00:24:46,810 --> 00:24:48,038 Oh, Doctor... 564 00:24:49,185 --> 00:24:52,146 I'm so sorry I got water all over your... 565 00:24:52,975 --> 00:24:54,229 back. 566 00:25:04,720 --> 00:25:06,977 Morelli-Kaczmarek. May I help you. 567 00:25:07,256 --> 00:25:08,661 I'll let him know. 568 00:25:11,536 --> 00:25:12,886 Nick in yet? 569 00:25:12,886 --> 00:25:14,981 At the courthouse with Lisa. Already? 570 00:25:14,981 --> 00:25:17,365 Mm-hmm. Your billboard's working, Pete. 571 00:25:17,365 --> 00:25:19,959 - Give me the short version. - Okay, Mrs. Campbell had 572 00:25:19,959 --> 00:25:22,013 a statue fall on her feet at Caesar's. 573 00:25:22,013 --> 00:25:25,734 And Candy and Mandy and their agent are here to see Lloyd. 574 00:25:25,734 --> 00:25:29,483 And Mr. Wallace got married last night, and he needs an annulment. 575 00:25:29,689 --> 00:25:31,659 Oh, and sorry, still not luck on Junior. 576 00:25:31,659 --> 00:25:34,084 Oh, great. I can't deal with this now. 577 00:25:34,084 --> 00:25:37,268 Call Lloyd. Just have him take names and numbers. I've got to get to court. 578 00:25:37,268 --> 00:25:38,564 Pete... 579 00:25:41,051 --> 00:25:43,576 Defense calls Ana Mendez. 580 00:25:43,576 --> 00:25:46,069 Your Honor, may we approach the bench? 581 00:25:46,598 --> 00:25:49,304 I need a recess, Judge. This witness was only added today. 582 00:25:49,304 --> 00:25:50,858 We only found her yesterday, Your Honor. 583 00:25:50,858 --> 00:25:53,997 Recess now and he'll have her in an immigration court by sundown. 584 00:25:53,997 --> 00:25:56,008 - I resent that. - I don't care. 585 00:25:56,008 --> 00:25:59,696 Do it fast, Mr. Kaczmarek. I want this trial over with today. 586 00:26:02,931 --> 00:26:04,968 We went to the window 587 00:26:05,845 --> 00:26:08,136 when we heard the yells and screaming. 588 00:26:08,136 --> 00:26:09,229 Screaming? 589 00:26:09,229 --> 00:26:11,522 From the girl watching them fight. 590 00:26:11,973 --> 00:26:13,198 Defense exhibits 591 00:26:13,198 --> 00:26:15,621 seven and eight, Your Honor. 592 00:26:16,460 --> 00:26:17,856 Is this the girl? 593 00:26:17,856 --> 00:26:20,050 The girl we saw crying in court? 594 00:26:20,262 --> 00:26:21,266 Yes. 595 00:26:21,712 --> 00:26:24,005 This is a photo of her last weekend 596 00:26:24,005 --> 00:26:26,223 that we found on a social networking site. 597 00:26:26,223 --> 00:26:29,105 You heard her screaming at John Thompson to stop fighting 598 00:26:29,105 --> 00:26:31,634 and come with her, as she testified here in court? 599 00:26:31,634 --> 00:26:32,988 No, she was screaming, 600 00:26:32,988 --> 00:26:36,523 "Kill him. Kill him, " To the ones fighting. 601 00:26:36,950 --> 00:26:37,826 "Kill him"? 602 00:26:37,826 --> 00:26:39,818 "Kill him. Kick his head in." 603 00:26:40,069 --> 00:26:41,485 She was cheering. 604 00:26:41,485 --> 00:26:43,293 Cheering? Cheering who? 605 00:26:43,293 --> 00:26:45,035 The ones kicking the boy. 606 00:26:45,035 --> 00:26:48,453 The four of them, kicking and pounding. 607 00:26:48,453 --> 00:26:50,308 He was cornered like a dog. 608 00:26:50,308 --> 00:26:52,501 What happened next, Miss Mendez? 609 00:26:53,377 --> 00:26:54,857 A gunshot. 610 00:26:55,566 --> 00:26:57,546 And then I saw a man at the door. 611 00:26:57,546 --> 00:26:58,617 It was all very fast. 612 00:26:58,617 --> 00:27:00,899 All right, let's just make sure that we have this right, 613 00:27:00,899 --> 00:27:02,145 Miss Mendez. 614 00:27:02,145 --> 00:27:04,502 You heard the shot and then you saw 615 00:27:04,502 --> 00:27:06,107 a man at the door... Dan Shepard. 616 00:27:06,107 --> 00:27:08,405 That's exactly how you remember it? 617 00:27:08,405 --> 00:27:09,444 Yes. 618 00:27:09,797 --> 00:27:11,913 And then they ran. 619 00:27:11,913 --> 00:27:13,930 Except for the one who didn't. 620 00:27:13,930 --> 00:27:16,043 One last thing, Miss Mendez. 621 00:27:16,976 --> 00:27:19,086 Why not come forward before 622 00:27:19,086 --> 00:27:21,383 and tell the police about what you saw? 623 00:27:21,383 --> 00:27:23,750 There were others who saw. 624 00:27:25,332 --> 00:27:27,570 And I was afraid. 625 00:27:27,570 --> 00:27:28,853 But when you spoke with Miss Tyler, 626 00:27:28,853 --> 00:27:33,503 you decided to take a big risk and testify today. Why? 627 00:27:34,882 --> 00:27:38,553 Miss Tyler said if it was my brother here... 628 00:27:40,467 --> 00:27:42,243 This is the right thing. 629 00:27:43,530 --> 00:27:45,009 Thank you. 630 00:27:52,280 --> 00:27:54,287 The defense rests, Your Honor. 631 00:27:57,023 --> 00:27:59,586 The people would request instructions to the jury on 632 00:27:59,586 --> 00:28:01,928 first, second and voluntary. 633 00:28:01,928 --> 00:28:03,309 We have proposed language. 634 00:28:03,309 --> 00:28:06,434 Your Honor, there was no evidence offered for first. You can't just throw that in. 635 00:28:06,434 --> 00:28:09,467 Ms. Novak testified she saw an execution. And the M.E. Corroborated. 636 00:28:09,467 --> 00:28:11,797 Novak lied, and the M.E. Embarrassed himself. 637 00:28:11,797 --> 00:28:15,163 Enough. Ample evidence was presented for first. 638 00:28:15,163 --> 00:28:18,792 I'll also instruct on two and manslaughter. 639 00:28:18,792 --> 00:28:22,223 Here's language for the Crawford and your involuntary instructions, Your Honor, 640 00:28:22,223 --> 00:28:23,984 The people object to instructing on involuntary. 641 00:28:23,984 --> 00:28:27,074 What? Excuse me? Involuntary's for accidents. 642 00:28:27,074 --> 00:28:29,763 - Can't have an accident with a gun. - Like hell you can't. 643 00:28:29,763 --> 00:28:32,364 This isn't a hunting mishap. He fired the gun with intent. 644 00:28:32,364 --> 00:28:33,920 Intent to scare them off. 645 00:28:33,920 --> 00:28:35,605 He didn't intend to kill anybody. 646 00:28:35,605 --> 00:28:37,454 This is involuntary at worst, Your Honor. 647 00:28:37,454 --> 00:28:39,800 Pulling a trigger is a voluntary act, Counselor. 648 00:28:39,800 --> 00:28:41,765 Judge, that is not the standard. 649 00:28:41,765 --> 00:28:44,588 No evidence, no instruction, Mr. Morelli. 650 00:28:44,588 --> 00:28:46,735 There's your standard. You are wrong! 651 00:28:46,735 --> 00:28:48,944 We deserve to have them hear the lesser charge. 652 00:28:48,944 --> 00:28:51,449 Let the jury decide intent, not you. 653 00:28:51,814 --> 00:28:54,824 - I want this on record. - You're on record. 654 00:28:54,824 --> 00:28:56,406 I'm bringing the jury in. 655 00:28:56,406 --> 00:28:58,448 We'll finish this thing today. 656 00:28:59,511 --> 00:29:02,959 Screw him. Instruct them yourself. What a jerk. 657 00:29:03,520 --> 00:29:05,190 And when the defendant left the fight 658 00:29:05,190 --> 00:29:07,744 and returned to his house, he could have called the police. 659 00:29:07,744 --> 00:29:10,438 But no, he made a different choice. 660 00:29:10,438 --> 00:29:13,977 He chose to bring a gun to a fistfight, 661 00:29:14,350 --> 00:29:17,409 that started over damaged car tires. 662 00:29:17,409 --> 00:29:21,775 Premeditation doesn't have to be months or weeks or even hours, 663 00:29:21,775 --> 00:29:26,300 but just few coldly considered choices. 664 00:29:26,651 --> 00:29:27,812 The defendant 665 00:29:27,812 --> 00:29:30,896 stood over John Thompson and deliberately fired. 666 00:29:31,479 --> 00:29:33,075 It was an execution. 667 00:29:33,509 --> 00:29:37,012 Ms. Novak told you that, and Dr. Pitts corroborated. 668 00:29:37,012 --> 00:29:40,799 Dan Shepard made a terrible choice... 669 00:29:41,961 --> 00:29:44,771 and John Thompson paid the ultimate price. 670 00:29:47,648 --> 00:29:49,791 Only you can make that right. 671 00:29:51,962 --> 00:29:53,526 Thank you. 672 00:29:53,805 --> 00:29:55,210 Mr. Cole is wrong. 673 00:29:56,894 --> 00:30:01,151 Mr. Cole is wrong on the facts, 674 00:30:01,151 --> 00:30:03,049 and he's wrong on the law. 675 00:30:03,385 --> 00:30:06,694 I mean, Dan Shepard did chose to get a gun, yes, 676 00:30:06,694 --> 00:30:09,413 and he did intentionally shoot, 677 00:30:09,413 --> 00:30:12,136 but he did it to keep four men 678 00:30:12,136 --> 00:30:15,391 from beating and kicking 679 00:30:15,391 --> 00:30:17,353 and pounding his brother's head 680 00:30:17,353 --> 00:30:19,748 into the concrete driveway. 681 00:30:20,787 --> 00:30:22,762 Dan had ever right 682 00:30:22,762 --> 00:30:24,959 to try to protect his brother. 683 00:30:25,404 --> 00:30:28,398 His only family is getting his head kicked in. 684 00:30:28,398 --> 00:30:30,042 And his intention... 685 00:30:30,750 --> 00:30:33,440 his only intention... 686 00:30:35,623 --> 00:30:37,594 just to stop it. 687 00:30:39,045 --> 00:30:40,738 Dan Shepard 688 00:30:40,738 --> 00:30:43,442 didn't go out there that day to kill anybody. 689 00:30:43,442 --> 00:30:46,585 It wasn't his plan to voluntarily 690 00:30:46,585 --> 00:30:48,879 take John Thompson's life. 691 00:30:50,892 --> 00:30:53,618 He did it to save him. 692 00:30:53,618 --> 00:30:56,572 He was legally justified in using force 693 00:30:56,572 --> 00:31:00,004 to protect himself and his family. 694 00:31:02,231 --> 00:31:03,235 I... 695 00:31:05,590 --> 00:31:07,813 I don't know, I... I think about it 696 00:31:07,813 --> 00:31:09,116 and I think... 697 00:31:11,458 --> 00:31:13,138 what would I do... 698 00:31:14,658 --> 00:31:16,368 if it was my brother? 699 00:31:19,460 --> 00:31:21,818 What would I do if it was my sister? 700 00:31:24,830 --> 00:31:26,800 Anybody I loved? 701 00:31:31,070 --> 00:31:36,087 If you were afraid that you were going to lose them forever... 702 00:31:41,223 --> 00:31:42,966 what would you do? 703 00:31:49,102 --> 00:31:50,357 What? 704 00:32:03,664 --> 00:32:05,425 Hey, this is Jess. 705 00:32:05,425 --> 00:32:06,829 Sammy and I aren't home right now, 706 00:32:06,829 --> 00:32:09,194 but we are looking forward to your message. 707 00:32:09,194 --> 00:32:10,656 Thanks. 708 00:32:25,747 --> 00:32:27,945 Ryan, keep it out front. 709 00:32:38,469 --> 00:32:39,472 Ooh! 710 00:32:46,320 --> 00:32:47,861 Hey, I got an idea. 711 00:32:47,861 --> 00:32:50,107 Meredith, how about just once, 712 00:32:50,473 --> 00:32:54,211 as an experiment, you charge that Ray McWhorter kid 713 00:32:54,211 --> 00:32:56,066 for what he actually did? 714 00:32:56,066 --> 00:32:57,407 McWhorter's guilty. 715 00:32:57,407 --> 00:32:58,446 Mmm. 716 00:32:58,657 --> 00:33:01,112 I know, but not that guilty. 717 00:33:01,383 --> 00:33:04,646 He held up his pot dealer; he didn't kidnap him. 718 00:33:04,646 --> 00:33:07,240 Thought your stripper was handling this. 719 00:33:07,917 --> 00:33:09,385 We're working it together. 720 00:33:09,385 --> 00:33:11,051 I bet you are. 721 00:33:11,051 --> 00:33:13,100 But that's really why you called me, is it? 722 00:33:13,100 --> 00:33:16,891 Well, no, but as long as you're here... 723 00:33:17,339 --> 00:33:21,802 Look, I'm not asking you to actually give a crap about the kid. 724 00:33:21,802 --> 00:33:24,402 I'm not under any delusions about who you are. 725 00:33:24,402 --> 00:33:25,687 You know what? 726 00:33:25,687 --> 00:33:27,344 Forget I even asked. 727 00:33:27,804 --> 00:33:29,046 Let's face it. 728 00:33:29,046 --> 00:33:31,040 It's just not in your nature. 729 00:33:31,611 --> 00:33:34,606 You really don't like me much, do you? 730 00:33:36,038 --> 00:33:38,343 Why? You starting to like me? 731 00:33:38,343 --> 00:33:39,911 Not really. 732 00:34:03,503 --> 00:34:06,505 Hey. Sorry I'm late. Hard night. 733 00:34:07,572 --> 00:34:08,902 What do they want? 734 00:34:08,902 --> 00:34:10,421 Wait till you hear this. 735 00:34:10,421 --> 00:34:12,447 The jury has asked: "What do we do 736 00:34:12,447 --> 00:34:14,704 "If we think Dan Shepard did something wrong, 737 00:34:14,704 --> 00:34:17,539 but we don't think he intended to kill Thompson?" 738 00:34:19,204 --> 00:34:21,771 You sure you got that right? It's a jury question. 739 00:34:21,771 --> 00:34:23,964 I had the bailiff read it twice. 740 00:34:24,191 --> 00:34:25,182 Wait, wait, wait. 741 00:34:25,182 --> 00:34:29,062 It's basically the definition of involuntary manslaughter. 742 00:34:29,062 --> 00:34:30,800 Nicky, you're a genius. 743 00:34:30,800 --> 00:34:31,828 You are a genius. 744 00:34:31,828 --> 00:34:33,381 You guided them right there! 745 00:34:33,381 --> 00:34:36,464 And now we get the judge to revisit his ruling, 746 00:34:36,464 --> 00:34:37,416 give the instruction. 747 00:34:37,416 --> 00:34:38,745 Unless he wants to get reversed, 748 00:34:38,745 --> 00:34:40,380 he doesn't have a choice. 749 00:34:40,380 --> 00:34:41,894 This is all good, right? 750 00:34:41,894 --> 00:34:43,658 Well, the jury is basically telling us 751 00:34:43,658 --> 00:34:45,975 they'd convict Dan on involuntary 752 00:34:45,975 --> 00:34:47,504 if they had the charge. 753 00:34:47,504 --> 00:34:48,883 But they don't have it. 754 00:34:48,883 --> 00:34:50,237 They don't even know it exists. 755 00:34:50,237 --> 00:34:53,648 And Dan gets a year if we get the judge to reconsider. 756 00:34:54,431 --> 00:34:55,585 That's a win. 757 00:34:56,258 --> 00:34:57,655 Well... 758 00:34:58,520 --> 00:35:00,283 that would be a win... 759 00:35:02,332 --> 00:35:05,012 What? The jury is telling us 760 00:35:05,012 --> 00:35:08,008 that they won't convict on the charges they got. 761 00:35:10,422 --> 00:35:11,658 So why give it to them? 762 00:35:11,658 --> 00:35:13,646 So... what are you saying? 763 00:35:13,646 --> 00:35:15,912 Now... now we don't want the involuntary? 764 00:35:15,912 --> 00:35:16,815 No. 765 00:35:17,354 --> 00:35:18,330 Not anymore. 766 00:35:18,330 --> 00:35:20,622 But you just asked the judge for it today. 767 00:35:20,622 --> 00:35:23,567 How do you tell him you don't want it tomorrow? 768 00:35:26,158 --> 00:35:27,307 Wow, Nicky. 769 00:35:29,154 --> 00:35:30,714 - Bold. - Uh-huh. 770 00:35:30,714 --> 00:35:33,258 Very bold. 771 00:35:34,598 --> 00:35:35,853 Got that right. 772 00:35:38,065 --> 00:35:40,586 So, if the judge doesn't give them the instructions, 773 00:35:40,586 --> 00:35:42,786 then it could be not guilty? 774 00:35:42,786 --> 00:35:43,827 Yes. 775 00:35:43,827 --> 00:35:45,589 And you know this from the question? 776 00:35:45,589 --> 00:35:48,167 I do not know this, Dan. 777 00:35:48,167 --> 00:35:51,331 I think a solid number of jurors 778 00:35:51,331 --> 00:35:52,814 are saying they don't buy the charges 779 00:35:52,814 --> 00:35:54,806 and they want something else. 780 00:35:55,885 --> 00:35:58,331 And if we get the judge to reconsider 781 00:35:58,331 --> 00:36:02,479 and offer that something else, I can almost guarantee you... 782 00:36:02,479 --> 00:36:04,270 They're going to convict. 783 00:36:04,548 --> 00:36:06,008 I'd do another year. 784 00:36:06,008 --> 00:36:07,899 Which is good, considering. 785 00:36:08,469 --> 00:36:11,680 And they get to choose from what they've already got. 786 00:36:12,324 --> 00:36:14,857 They can go voluntary manslaughter. 787 00:36:16,513 --> 00:36:18,327 That's... ten years. 788 00:36:18,327 --> 00:36:20,143 That's a possibility. 789 00:36:22,982 --> 00:36:26,841 Look... just get me out of here. 790 00:36:27,253 --> 00:36:28,507 Okay? 791 00:36:31,959 --> 00:36:34,963 And the State's position, Mr. Cole? 792 00:36:34,963 --> 00:36:37,786 I don't know, Judge doesn't seem to be a lot of ambiguity here. 793 00:36:37,786 --> 00:36:40,129 They're asking for a lesser charge? 794 00:36:41,066 --> 00:36:43,626 And you'd yield to a supplemental instruction? 795 00:36:43,626 --> 00:36:44,908 If Your Honor is so disposed, 796 00:36:44,908 --> 00:36:46,843 the State withdraws its objection... 797 00:36:46,843 --> 00:36:49,808 Ah, geez. Can you guys just get over yourselves? 798 00:36:49,808 --> 00:36:52,281 Pardon? If the court so disposes, 799 00:36:52,281 --> 00:36:54,199 we'll yield to a supplemental. 800 00:36:54,199 --> 00:36:57,981 Look, if it makes you guys feel good to hide behind shoptalk, 801 00:36:57,981 --> 00:37:00,721 knock yourselves out, but I got a client to defend. 802 00:37:00,721 --> 00:37:02,731 Are you mocking me, Mr. Morelli? 803 00:37:02,731 --> 00:37:03,899 Me? 804 00:37:03,899 --> 00:37:05,841 No, Your Honor. 805 00:37:05,841 --> 00:37:06,870 The jury is mocking you. 806 00:37:06,870 --> 00:37:08,556 Oh. What do we got out there, 807 00:37:08,556 --> 00:37:11,647 a couple grade school teachers, a dealer from the Trop? 808 00:37:11,647 --> 00:37:14,767 And cripes, is there a real estate agent in the jur...? 809 00:37:14,767 --> 00:37:16,675 A real estate agent, too! 810 00:37:16,675 --> 00:37:18,451 And they all know the law better than you. 811 00:37:18,451 --> 00:37:20,040 Counselor, are you drunk? Come on. 812 00:37:20,040 --> 00:37:22,080 Quit wasting my time, and just give the jury 813 00:37:22,080 --> 00:37:24,234 the new instructions like I already told you. 814 00:37:24,234 --> 00:37:26,420 One more word, and you're fined. 815 00:37:26,420 --> 00:37:27,734 Fine me. 816 00:37:28,542 --> 00:37:30,386 It's not going to make you a better judge. 817 00:37:30,386 --> 00:37:32,542 $1,000... pay the clerk by the end of the day. 818 00:37:32,542 --> 00:37:33,687 Oh, please! 819 00:37:33,687 --> 00:37:36,566 - Nicky, Nicky, Nicky. - No, no, no, no, no, no! 820 00:37:36,566 --> 00:37:39,521 Let's just get this over with and offer the damn instructions. 821 00:37:39,521 --> 00:37:42,902 I will not! I will reread what they have, 822 00:37:42,902 --> 00:37:45,592 and I will advise them that it is sufficient. 823 00:37:45,592 --> 00:37:48,097 Don't be stupid. $2,000, Counselor. 824 00:37:48,097 --> 00:37:50,240 Get the hell out or go to jail. 825 00:37:50,240 --> 00:37:51,638 Judge, no. Judge, how can... 826 00:37:51,638 --> 00:37:53,669 Enough! Get out! 827 00:37:59,450 --> 00:38:01,116 Bold enough for you? 828 00:38:02,058 --> 00:38:03,444 All rise. 829 00:38:05,509 --> 00:38:06,513 Sit. 830 00:38:08,698 --> 00:38:10,701 I cannot answer your question directly. 831 00:38:10,701 --> 00:38:13,550 I'm going to ask you to resume your deliberations 832 00:38:13,550 --> 00:38:16,244 with instructions you've already received. 833 00:38:16,685 --> 00:38:19,043 I think you'll find that sufficient. 834 00:38:24,356 --> 00:38:25,611 Psst. 835 00:38:31,421 --> 00:38:32,575 Hey, you two. 836 00:38:32,987 --> 00:38:34,311 Hey. Hey, good timing. 837 00:38:34,311 --> 00:38:36,269 I was just telling Ms. Tyler here we're going to stipulate 838 00:38:36,269 --> 00:38:38,887 to dismiss the kidnapping charges against Ray McWhorter. 839 00:38:38,887 --> 00:38:40,796 - Oh, yeah? Great. - Yeah. 840 00:38:40,796 --> 00:38:42,037 Well, yeah. Thanks. 841 00:38:42,037 --> 00:38:43,658 Call me to discuss a plea? 842 00:38:43,658 --> 00:38:45,065 Will do. 843 00:38:50,184 --> 00:38:51,250 What just happened there? 844 00:38:51,250 --> 00:38:53,155 You won. Ray won. We won. 845 00:38:53,155 --> 00:38:54,193 How? 846 00:38:54,193 --> 00:38:55,308 What'd you say to her? 847 00:38:55,308 --> 00:38:57,301 Absolutely nothing. You? 848 00:38:57,301 --> 00:38:58,618 Nothing. 849 00:38:58,618 --> 00:39:00,284 Uh, what was that look she just gave you? 850 00:39:00,284 --> 00:39:01,897 - What look? - She just gave you a look. What was it? 851 00:39:01,897 --> 00:39:04,751 I didn't notice. Whatever. Counselor, congratulations. 852 00:39:04,751 --> 00:39:06,141 A win is a win. 853 00:39:06,141 --> 00:39:07,401 I got to run. 854 00:39:09,918 --> 00:39:11,292 Congrats. 855 00:39:17,868 --> 00:39:19,314 How you feeling? 856 00:39:20,323 --> 00:39:22,926 Like I'm all in on a pair of tens. 857 00:39:22,926 --> 00:39:24,348 Pair of tens ain't bad. 858 00:39:24,348 --> 00:39:26,419 Yeah? Jacks are better. 859 00:39:28,543 --> 00:39:30,082 Hey, how are things with you and Jess? 860 00:39:30,082 --> 00:39:31,319 You... you talk? 861 00:39:31,319 --> 00:39:33,612 Yeah, I think I made things worse. 862 00:39:33,612 --> 00:39:35,107 I'm sorry. 863 00:39:35,326 --> 00:39:37,099 But hey, listen, if you're, 864 00:39:37,099 --> 00:39:39,199 uh, not going to be using those Junior tickets, 865 00:39:39,199 --> 00:39:39,869 I could take them for you. 866 00:39:39,869 --> 00:39:41,963 You ask how the wife is 'cause you want the tickets? 867 00:39:41,963 --> 00:39:42,938 No, I... I care. 868 00:39:42,938 --> 00:39:44,254 You care about the tickets! 869 00:39:44,254 --> 00:39:45,995 I-I care. - Oh, come on! 870 00:39:52,701 --> 00:39:53,979 All right. 871 00:39:56,658 --> 00:39:58,132 All rise. 872 00:40:01,292 --> 00:40:04,804 Mr. Foreperson, could you give your verdict to the bailiff? 873 00:40:31,166 --> 00:40:35,802 In the matter of Daniel Shepard, case number 47387, 874 00:40:35,802 --> 00:40:38,184 in the Clark County District Court, 875 00:40:38,184 --> 00:40:42,263 as to count one, murder in the first degree, 876 00:40:42,263 --> 00:40:43,841 not guilty. 877 00:40:43,841 --> 00:40:47,289 As to count two, murder in the second degree, 878 00:40:47,289 --> 00:40:49,040 not guilty. 879 00:40:49,040 --> 00:40:53,757 As to the final count, voluntary manslaughter, 880 00:40:53,757 --> 00:40:55,461 not guilty. 881 00:41:06,765 --> 00:41:08,019 Yeah! 882 00:41:45,784 --> 00:41:47,730 Hey, Nicky. 883 00:41:48,777 --> 00:41:50,885 Hey. Thanks for coming, man. 884 00:41:50,885 --> 00:41:53,511 What, are you crazy? It's Junior. 885 00:41:54,242 --> 00:41:56,542 Nicky... cheers. 886 00:41:58,432 --> 00:42:00,434 - Oh, stop it. - What the hell? 887 00:42:00,434 --> 00:42:01,473 Zoe! 888 00:42:01,473 --> 00:42:03,317 I got tickets! 889 00:42:03,317 --> 00:42:04,877 And they're right up front! 890 00:42:04,877 --> 00:42:06,757 - Ladies and gentlemen, the Congo Room - There he is. 891 00:42:06,757 --> 00:42:10,011 is proud to present a man who needs no introduction. 892 00:42:10,011 --> 00:42:13,335 Join me in welcoming Frank Sinatra Jr! 893 00:42:13,335 --> 00:42:14,373 Yes! 894 00:42:25,579 --> 00:42:26,273 Yeah! 895 00:42:35,115 --> 00:42:36,733 Whoo! Whoo!