The Practice (1997–2004): Season 6, Episode 9 - Inter Arma Silent Leges - full transcript
I don't understand.
You've got all the evidence.
He knows he killed her.
What defense could he have?
Honestly, I don't know.
I thought insanity,
but I guess they can't find
a shrink willing to testify.
(sighs)
I prayed he'd plead guilty
so this would be over.
Well, we don't start
for another hour.
We can still offer him a deal.
JOHNSON: What kind of deal?
Murder two,
and that's a gift.
That's still life, man.
With the possibility
of parole.
No. No.
Daryl, you have no defense.
Your semen was found
in the victim.
I made love with her earlier.
Your prints
are on the murder weapon.
A witness saw you
run out of her apartment
at the time she was murdered.
The witness got it wrong,
Mr. Young.
It's as simple as that.
Well, she seems pretty sure.
She got it wrong.
A friend of mine in this trial
called this doctor witness.
He talked about
how some white people
can't tell
black people apart--
some disease
or something like that.
That witness has got that
disease is all.
We gotta call this doctor.
I don't think race
is an issue here, Daryl.
You don't understand,
Mr. Young.
I'm instructing you
to make it an issue.
(music playing)
What do you mean
you want out?
Just what I'm saying,
Your Honor.
The trial is set to start
in 40 minutes.
My client and I have
insurmountable differences
which would have.
Such as?
That's privileged.
Let's just say it's about
strategy and ethics.
Eugene, every lawyer seems to
have insurmountable differences
with the court-appointed cases.
I'm telling you
this one is real.
You know me well enough to know
that if I say it,
it is real.
I'm not letting you out
for a strategy difference.
Forget it.
Your Honor,
I'm asking a favor here.
I can't let you out.
Not now.
WASHINGTON:
When did they take him in?
Three weeks ago.
And they wouldn't tell you
anything?
The only thing I know is that
the FBI has him somewhere.
I hired a lawyer.
He got nowhere.
I hate coming to a patient,
but I--
No problem.
Your husband's first name?
FORD: Bill.
Bill Ford.
And his middle initial?
Habib.
I'm sorry?
Ford is my maiden name.
My husband's last name
is Habib.
All I'm saying, I just think
if the FBI picked him up,
they must have had
a good reason.
This woman is my doctor,
Jimmy.
Her husband's been in this
country for 30 years.
Why'd they grab him?
Just because he's Arab?
He's Arab-American, and we don't
know why they grabbed him.
They're not telling us.
Like I said,
the last time I checked,
The police don't arrest people
for no reason.
When is the last time
you checked?
Linda McLaughlin was the first
person in her family
to go to college.
These are her parents.
The evidence will show that
on November 19th of last year,
their daughter, Linda, walked
out of the campus grocery store
and was accosted by the
defendant,
Daryl Johnson,
A homeless man
who panhandles in the area.
Daryl followed Linda home...
raped her...
then beat her to death.
After we prove it,
I will ask you to find
Daryl Johnson guilty
of murder
in the first degree.
Mr. Young?
(clears throat)
Mr. Young?
The evidence
will not establish
that Daryl Johnson committed
this crime.
the evidence will establish that
the police arrested him
simply because he fit
the profile in their minds
of the type of person who would
commit this particular crime.
(phone ringing)
RENFORD: I'm special agent
Charles Renford.
Sorry for the delay.
WASHINGTON: Oh, no problem.
I assume you guys are pretty
busy right now.
RENFORD:
What can I do for you?
I've been trying to talk to
these agents about Bill Habib.
RENFORD: These agents got
pulled onto details overseas.
They are not available.
Okay.
Can you tell me anything?
I'm sorry. I can't.
Is that because you don't know
or because you won't say?
Agent Renford,
I am formally requesting you
let me see my client.
I'm afraid you can't.
What do you mean?
I'm his lawyer.
You can't see him,
Miss Washington.
That's all I can say.
Are you familiar
with the concept
of due process,
Agent Renford?
DONNELL: First, find out
where he's being held.
Call the Bureau of Prisons.
WASHINGTON: I did,
along with the
Board of Corrections,
Suffolk County Jail,
middle-sex.
Nobody knows a thing.
Call the I. N. S.
They can hold someone
indefinitely
even if there's a hint
of an immigration problem.
He's a U. S. citizen.
He has been for 20 years.
I'd still check it out. You
don't know what they can do now.
What about his first lawyer?
He won't talk to me,
says he's been ordered not to.
DONNELL: Ordered?
By who?
I have no idea.
Okay.
If the Feds took him, you gotta
assume they still got him.
File a Federal Habeas.
Make them produce his body,
at least.
The girl had just
walked out of the market
when he walked up to her.
This girl?
Yes.
Mr. Banks, had you ever
seen the defendant before?
He's a street guy,
carries your bags for change.
Sometimes
he can get aggressive.
Objection.
Sustained.
The Jury will disregard.
GAMBLE: Just tell us
what you saw that day.
He tried to carry
her shopping bags,
and she was like,
"Whoa, I got it."
They kind of argued
over the bags for a minute,
and then she walked away.
GAMBLE: What did
the defendant do then?
He stood there pissed.
Then he started to follow her.
YOUNG: Did you hear
anything they said?
No.
Then when you say they argued--
It looked like they argued.
About the bags.
Could they have been talking
about something else?
I don't know.
I guess.
YOUNG: You guess?
So it's possible then they were
talking about something else?
Yes.
YOUNG: And Mr. Banks,
you never thought Ms. McLaughlin
was in danger,
did you, sir?
In danger?
Yes.
You saw her with my client.
You didn't think
she needed help
or that you should call
the police, did you?
No.
Thank you, sir.
That's it?
Daryl, if you're unhappy
with my work,
you can tell the judge
and get a new lawyer.
You're the right lawyer
for this, Mr. Young.
I'm sure about that.
WASHINGTON: Agent Renford,
I didn't expect to see--
MCNALLY: Theodore McNally,
Assistant U. S. Attorney.
Thanks for coming down.
Let me give you this back.
It's my Habeas.
It isn't filed?
Clerk's office caught it.
You can't file it.
What do you mean
I can't file it?
This involves
classified material,
top-secret or higher.
It can't be--
I'm just asking
to see my client.
Now, when do I get
to see my client?
(sighs)
After you get a national
security clearance.
Renford will expedite it.
I'll need your home address,
Social-Security number,
names of family members,
and how you know Mr. Habib.
I haven't even met him yet!
Hold on.
I need to warn you,
anything you say
can and will be used
against you and your client.
Use against me--
What are you talk--
This case involves
national security.
You want to defend Habib,
you need a clearance.
To get it,
you gotta go through us,
answer our questions.
If you lie to us,
it's perjury.
Plus, everything we tell you
is privileged.
If you divulge
any of it to anyone,
you'll be prosecuted.
And what if I don't want
a security clearance?
What if I object it's
a violation of my rights?
Then Mr. Habib
gets no lawyer.
WASHINGTON: I'd need
security clearance
to see my own client,
who I never met.
I don't know
why he was arrested.
Rebecca, these are
different times.
Thank you, Lucy.
So, what happens next?
Assuming I get the clearance,
I'm hoping to meet
the client tomorrow.
I haven't found him yet.
So we're off to Federal Court.
I'm hoping to persuade a Judge
to order the government
to at least tell us
where he is.
(sighs) Okay.
Sarah, is it possible
your husband is involved
in something?
No, Rebecca,
that's not possible.
I'm sorry.
As your lawyer,
I had to ask you that question.
Right.
We wouldn't want you
committing malpractice.
Numerous skull fractures,
massive and fatal head trauma.
What caused these injuries,
detective?
A table lamp was found near
the body covered with blood
and portions of her scalp.
It was determined
to be the murder weapon.
Were any fingerprints
on the lamp?
The defendant's fingerprints
were found
on both the lamp
and the victim.
Detective...
what other evidence
did you find?
A rape examination revealed
the presence of semen.
We did a DNA test.
It matched the defendant.
Thank you.
KITTLESON: Mr. Young?
YOUNG: Did you find bruising?
DETECTIVE: We found bludgeoning.
That wasn't my question.
Did you find bruising
in the vaginal area?
We didn't find that.
YOUNG: How about tearing?
DETECTIVE: No.
Did you find defensive wounds
on the victim's hands or arms,
skin under her fingernails?
No.
Detective, can you rule out the
possibility of consensual sex?
Objection.
Overruled.
Doesn't sound like
she was fighting, does it?
This could have
been consensual.
Sidebar, Your Honor.
Quickly.
There is no good-faith basis
for the suggestion
of consensual sex here,
and he knows it.
My client says
it's consensual.
That's it?
That's all he needs.
It's bad enough the parents have
to sit here and listen--
You can advise the parents to
leave the room. Why don't you?
This is your defense?
That the sex was consensual?
This is his defense,
Your Honor,
and you can take me off
whenever you please.
(sighs)
Assuming that Mr. Young does, in
fact, have a good-faith basis
for the question,
I'll allow it.
Your Honor--
he's entitled to put
on a defense, counsel.
But tread lightly, Eugene.
Now step back.
YOUNG: Detective...
is it possible the sex here
was consensual, yes or no?
I suppose it's possible,
but--
Thank you, sir.
That's all.
MAN: Sorry, ma'am,
no bags inside.
Can I get a piece of paper
and a pen?
MAN: No, ma'am.
No writing materials.
(sighs)
Sorry, ma'am.
What's wrong?
Closed courtroom.
Only the lawyers.
This is the man's wife.
Orders of the court, ma'am.
No visitors.
Please, he's my husband.
I haven't seen him in weeks.
Ma'am, I'm sorry.
You're just
following orders, right?
Okay, I'm sorry.
I understand.
Go ahead, Rebecca.
Just please tell Bill
I'm out here.
(sighs)
I heard the screaming, and I
knew something wasn't right,
so I opened my apartment door
and looked out,
and there he was.
This man right here?
SOLOTKIN: Yes. He was dressed
ratty, like a bum,
and he didn't smell
too good either.
GAMBLE: Did he say anything?
SOLOTKIN: No, but as soon
as he saw I was looking at him,
he ran for the stairs.
GAMBLE: You're absolutely sure
this is the man you saw leave
Ms. McLaughlin's apartment?
Positive.
GAMBLE:
Right after you heard screaming?
SOLOTKIN: That's right.
YOUNG: Did you know the victim,
Mrs. Solotkin?
Not personally,
but I'd seen her.
Ever talk to her?
Not really.
So you don't know her voice.
No.
Wouldn't recognize
her scream?
No, but I'm assuming
it must have been her.
The scream came at the time
she was killed.
YOUNG: You're assuming.
Do you know many
black people?
Objection.
Have any black friends?
KITTLESON: Mr. Young,
what are you doing?
Laying a foundation,
Your Honor.
A foundation for what?
If I could be allowed
to proceed, I'll get there.
Do you recall the question?
About black people?
I don't really know
any that well.
But you know for sure
it was my client
even though you saw him
for just a moment
from down the hall?
Well, I don't know for sure.
It could have been
somebody else
who looked exactly like him,
I suppose.
Thank you, ma'am.
Nothing further.
KITTLESON:
The witness may step down.
Ms. Gamble?
The Commonwealth rests.
Mr. Young?
The defense calls
Dr. Donald Sideman.
You gotta be kidding!
If I can't put on a defense,
why don't we lynch him?
Mr. Young is trying
to make this about race--
Move to strike!
Counsel, get up here.
I will hold both of you
in contempt
if there's another
such outburst.
Who is Dr. Sideman?
He testifies white people can't
tell one black man from another.
Sorry?
He's an expert on cross-racial
impairment of eyewitnesses.
This has been rejected
by other courts.
Plus, Mr. Young
gave no notice.
YOUNG: I didn't know race
would be an issue.
You are the one
making race an issue.
If I can't call this witness,
I'll take you up,
emergency appeal,
and I want a mistrial.
You may call Dr. Sideman.
You're letting him
run your court.
I run my court, Ms. Gamble.
If Dr. Sideman is a buffoon,
I will instruct the jury
to disregard.
REBECCA: He's been kept
from his family for three weeks,
and we don't know
what he's been charged with.
He hasn't been charged
with anything.
Then how and why
are you holding him?
MCNALLY: He's being held
as a material witness.
WASHINGTON: To what?
That information
I can't reveal.
WASHINGTON:
How do I represent him
if I can't be told
why he's being held?
This case involves
information obtained
through the foreign-intelligence
surveillance act.
Mr. McNally, I appreciate your
concern for national security,
but I'm going to do my part
to safeguard what is left
of our constitution.
Get Mr. Habib
into this courtroom.
Let him see his lawyer
and his wife,
and we are going to make sure
that he gets at least
some kind of hearing.
Your honor, I don't think
you have the authority--
Counsel!
These are strange times,
And nobody is quite sure
who has what authority,
I grant you,
but you don't want
to be testing mine.
If I don't see Mr. Habib
in this room
with his lawyer and his wife,
you are going to be held
in contempt.
Many eyewitnesses
have a hard time
correctly identifying
suspects
who are of another race.
We call that
"cross-racial impairment."
YOUNG: Is it common?
SIDEMAN: Very.
How do you know?
From my work
as a Clinical Psychologist,
from my review of over 50 years
of empirical studies
on the subject.
YOUNG: Are certain people
more likely to suffer
from this impairment?
People unfamiliar with members
of the race in question.
They don't see black people
very often.
Suddenly,
they have to identify one.
They're more likely
to pick the wrong one.
Thank you, Doctor.
Blacks all look alike--is that
your scientific opinion?
YOUNG: Objection.
KITTLESON: Sustained.
Doctor, did you talk
to Mrs. Solotkin
about her identification
of the defendant?
No.
Are you aware
that there's no agreement
in the scientific community
that cross-racial
impairment even exists?
Cross-racial impairment
is real.
SIDEMAN: When studies confirm
what life has already taught us,
to me, that's the best proof
you can get.
GAMBLE: Well, is that why many
courts have refused
to let you testify?
Science often outpaces the law,
Ms. Gamble.
He's trying to hang the jury.
Should I call my own experts?
I'm afraid the more
I attack his defense,
the more credible
I make it seem.
If you do nothing, it looks
like you're conceding.
He's made it about race
because he's got nothing else.
What he does have
are four black jurors.
Oh, please.
And he's black.
Race isn't the issue,
but it probably won't be.
(sighs)
But we can't be so naive
as to rule out the possibility.
(knocks on door)
Got a second?
Don't look at me
like I'm having fun.
Have you looked at
the crime scene photos, Eugene?
I've seen them. Look, you know
It's an appointment, so--
Oh, come on, spare me
the "Just doing my job" crap.
Good lawyers manage
without going racial.
My client instructed me
to put on a defense.
That defense?
As a matter of fact, yes.
If you're here to wiggle off
the moral hook...
That's not why I'm here.
He's going to testify.
You'll be suborning perjury.
Only if I know he's lying,
which I don't.
He says he's innocent,
Helen.
I think we should plead this,
or in the alternative,
you should tell the parents
not to be there.
It won't be easy to hear.
That a threat?
It would be unethical for me
to make a threat.
Wouldn't it, Helen?
I won't be blackmailed
into a plea deal.
You done?
Done.
(door opens)
GAMBLE: For your own
emotional welfare,
I'd say stay out
of the room, but...
But what?
(sighs) Well, strictly
for the case,
obviously, it's better
if you're in there.
He'll look
more like a monster
saying the things he'll probably
say with the parents present.
He's going to attack
my daughter?
Is that how it works?
Yes, it works that way
sometimes.
We'll be there.
GAMBLE: Are you sure?
We'll be there!
Okay, but you have
to stay under control.
My opinion is this lawyer
would love a mistrial,
and if you jump up in there,
you might very well
give it to them.
All right.
Fine.
RENFORD: Okay, he's coming in.
Dr. Ford, I'm going to ask you
not to speak to him
or hand him any items.
Can they have some privacy?
Dr. Ford is not a suspect.
If she talks at all
and it appears like she's trying
to pass coded information,
she might become one.
She is here to observe.
Now, that's D. O. J. rules.
HABIB: You have two children
to care for.
Don't say anything,
understand?
Why don't we all sit down?
Mr. Habib,
I'm Rebecca Washington.
I'm your lawyer.
We're about to have
a hearing.
I didn't ask for either
a hearing or a lawyer.
Your wife hired me.
She should not have.
Is my--is my wife, my sons,
are they all right?
Have they been harmed?
No, we're fine.
Would you tell him
we're fine, please?
Do you have any idea
why you're here?
Miss, uh...
Washington.
Help my wife understand,
I did what I did
because it was right.
Bill, what are you
talking about?
Tell the judge
I'm ready to proceed.
I'd see her in the park by
campus, you know, just jogging.
I'd wave.
One time, she stopped,
and we just talked a little.
YOUNG: Tell us about
your relationship.
JOHNSON: We'd meet late at night
when nobody was around.
When it got colder,
that's when she started
inviting me over to her place.
And what would you do there?
We'd talk, watch television.
After a while,
we started having sex.
She said...
well, she said she always
wanted to be with a black man.
So, you know...
YOUNG: Turning your attention
to November 19th,
the day Ms. McLaughlin
was killed,
did you see her that day?
Yes, outside the market.
I offered to carry her bags,
like I'd done before,
but she said she couldn't
see me anymore.
Did she say why?
No, so I followed her,
just trying to talk.
When we got to her apartment,
she said
she was seeing another guy.
I begged her
not to break us up.
We argued for a little bit,
and she said
that she loved me.
YOUNG: Did you make love
to her that day, sir?
Yes.
Afterwards, she said
she was gonna break up
with that other guy
that night,
that he was supposed to be
coming over that night.
When I left, she was alive.
YOUNG: Thank you, sir.
Do you know if anyone
ever saw you two at the park
the day you met?
I don't know.
Do you know if anyone
ever saw you at the apartment?
No, I always came
over there late at night.
Anyone know anything
about the relationship?
No. She liked
to keep it secret.
So nobody can verify
a single part of your story?
I guess because of our
different social places
or whatever
you want to call it,
you know, she just liked
to keep it between us.
Mr. Johnson...
this is your booking photo.
This is what you looked like
the day after Linda McLaughlin
was killed, is that correct?
Objection--relevance.
Overruled.
I was upset when
that picture was taken.
GAMBLE:
You were homeless, filthy,
off your meds,
yet you expect us--
I'm not crazy!
You expect the jury to believe
the victim fell
in love with this,
voluntarily had sex with this,
willingly invited this
into her apartment,
her life, her bed?
Objection!
Sustained.
Linda was a beautiful person.
She loved
all kinds of people.
She didn't care
what they looked like.
You need to call
that Collins girl.
It could end up backfiring on us
with some of the jurors.
We can't afford to be that
sensitive, Helen.
We try and be P. C.
Here, we lose.
Collins refutes what Johnson
just testified to.
She's all we have
to refute it.
Part of our strategy is
presenting sympathetic parents.
It can't be about that now.
It's about showing there
was never a relationship
between Johnson
and the victim, period.
You know Eugene's
ready for her.
We have no choice.
We need that witness.
Call her.
WASHINGTON: Do you know
why you're in custody?
The government believes
I may have information
about someone, I think.
I don't really know.
He didn't do anything, but he
may have known some people
with ties to others who are
wanted for questioning.
WASHINGTON: What information?
What do they think you know?
MCNALLY: Objection.
Sustained. You can't know that,
Ms. Washington.
You haven't talked
to your family in weeks.
Why did they keep you
from talking to your family?
They didn't.
I chose not to call my family.
Why?
I was told
anyone I spoke with
would be subject
to investigation.
I do not want to bring
my family into this.
My wife and children
were born here.
They have no connection
to any Arab...
other than me.
Have you been interviewed?
Many times.
Did you know you had the right
to have an attorney present?
I waived my rights.
You waived them?
Voluntarily?
I talked to them
on my own.
They didn't force me,
not in any way.
Did they make you afraid?
Am I fearful?
I guess I would say yes,
but I have made
all my decisions voluntarily.
You voluntarily refused
to speak to your family?
I explained that.
I didn't want to involve them.
Calling your wife
to say you're okay,
that would involve her?
I couldn't be sure
it wouldn't.
Mr. McNally, if Mr. Habib
is not a suspect
and he's cooperating,
why can't he go home?
We're learning new information
all the time
from wiretaps,
overseas contacts.
He may know more than
even he realizes.
But he'll stay available to you.
He's not going anywhere.
He volunteered to help.
We can't risk losing him.
Look, we are trying to get
the information we need
to stop the potential murder
of thousands of Americans.
That means depriving some
Americans of their civil rights.
I don't like it,
but that's how it is.
You're imprisoning
an innocent man.
HABIB:
Miss Washington, enough!
If my country thinks
I should be here,
I will stay here!
Your country?
Yes, I am an American!
I am serving my country!
Mr. Habib...
have you been tortured?
No.
Have you been mistreated
physically in any way?
No!
And you do not oppose
being held further?
I do not!
Your Honor, please wait.
WINWOOD:
Miss Washington, I'm sorry.
In war, law is silent.
Habeas motion is denied.
Mr. Habib shall
remain in custody.
There is no way Linda McLaughlin
was dating that man.
GAMBLE: You know this?
COLLINS: We were real close.
If she was dating someone,
I'd know.
To your knowledge,
was she dating anyone?
Objection--speculation.
Goes to rebuttal.
We can refute the existence
of a relationship.
Proceed.
She wasn't dating him.
I'm sure.
How do you know?
We talked about it,
about interracial relationships,
on occasion.
She said...
she said she wouldn't date
African-Americans.
Ever.
Those were her exact words?
Yes.
Among other things,
she said her parents would have
a big problem with it,
particularly her dad.
GAMBLE: Thank you, Miss Collins.
You didn't live with her,
did you?
No.
So it's possible she was seeing
him without you knowing?
No. That's not possible.
How can you know that?
Because of what she said.
That her parents
would have a problem
with her dating a black man,
Yes.
YOUNG: Especially her father?
COLLINS: Yes.
Her father's a racist,
isn't he?
GAMBLE: Objection.
YOUNG: Goes to bias.
What bias?
The victim concealed her
relationship with my client
because she feared her father,
who hates black people.
GAMBLE: Objection!
KITTLESON: I'm warning you both
for the last time.
Mr. Young, move on.
Miss Collins...
when you
and Linda McLaughlin spoke
of interracial relationships,
what was your position
on the matter?
I was against them, too.
YOUNG: So Linda, knowing this,
maybe she didn't want you
to find out
about her and Daryl either.
GAMBLE:
Objection--Speculation.
Overruled.
Maybe because she knew
you were a bigot, Ms. Collins,
Linda just said she didn't want
to date a black man.
Objection!
That is more than enough,
Mr. Young.
The witness may step down.
I assume the parties rest?
We have a rebuttal witness.
And who is that?
YOUNG: Joe McLaughlin,
the victim's father.
Objection!
I have legitimate reasons
to call him.
Name one.
The D. A.'s own witness just said
the daughter had a motive
to hide her relationship
from her father.
I'm allowed to pursue that.
GAMBLE: I would ask
the court for time
to consult
with Mr. McLaughlin...
You can't have that right.
He's my witness.
KITTLESON: Enough!
Mr. McLaughlin...
after lunch,
you will take the stand.
MAN: Do you swear to tell
the truth, the whole truth,
and nothing but the truth,
so help you God?
I do.
Be seated.
Mr. McLaughlin,
did you pressure your daughter
not to date black men?
I asked you a question, sir.
My daughter was killed by that
man sitting right there.
Move to strike--
nonresponsive.
Instruct the witness
to answer the question.
Sustained.
The jury will disregard.
Please answer the question,
Mr. McLaughlin.
I never pressured my daughter
not to date black men.
Well, was she mistaken
or did she lie
when she told Betsy Collins
that you would have trouble
with her having
an interracial relationship
like the one she had
with my client?
Objection.
There was no relationship
with your client
Was she afraid to tell you?
Objection!
I am not a racist,
Mr. Young.
But you were against
interracial relationships?
Like any father, I wanted my
daughter to have a good life.
I was really worried about
interracial relationships
because they were subject
to bigotry,
hatred for the couple.
I mean, for the kids.
I see.
So to protect her from bigots,
you decided to become one?
GAMBLE: Objection!
YOUNG: Withdrawn.
She knew you'd disapprove
if she did date a black man,
didn't she, Mr. McLaughlin?
She never dated that man!
Because if she did,
she would have told you
all about it, right,
knowing how open-minded
you can be?
If he's black,
it had to be rape,
right, Mr. McLaughlin?
Objection!
Sustained.
He agreed to be held.
For what?!
He didn't do anything.
Are they torturing
witnesses now, Rebecca?
I cannot believe that.
I read it in the paper.
Maybe the CIA is doing that now.
You asked
the question yourself.
Doctor, you know your husband,
his personality, his demeanor.
Did he seem like
maybe he'd been tortured?
He seemed...
He seemed what?
Intent on proving
his loyalty to America.
Desperate to prove it.
Closing arguments
are not evidence.
Nothing the lawyers
say is evidence.
Your verdict must be based
solely on evidence.
YOUNG: They had an affair.
The prosecution refuses
to believe it. Why?
The man in the parking lot sees
a black man with a white woman
and assumes he's hassling her.
The woman in the hallway can't
tell one black man from another,
so the prosecution
would have you believe
that the only relationship
that could be between
a black man and white woman
is killer and victim.
GAMBLE: The defendant
was seen arguing with her
in the parking lot.
A witness watched him
follow her home angry.
He was seen coming out
of Linda's apartment.
His prints were on
the murder weapon.
His semen was found
in the victim.
Neither the race
of the defendant nor the victim
should have any bearing
on your verdict.
It is irrelevant
and must not be considered
by you in any way.
YOUNG:
Linda McLaughlin had a motive
to deny her relationship
with my client.
She feared her father.
Her father
doesn't like black people.
There's no evidence to suggest
someone else killed her.
No one else's prints were found
anywhere in the apartment.
The evidence points
only to the defendant.
Of course his prints
were on the lamp.
He would visit her.
He slept with her.
They only looked
for one defendant.
Daryl Johnson is on trial,
ladies and gentlemen,
simply because he's black.
All we ask is...
honor your oath.
Hey.
WASHINGTON: Hey.
What's happening?
Nothing.
He's in custody, he's instructed
me not to challenge it,
and he's staying in custody.
For how long?
I don't know.
The case is over.
I'm working on the neely
interrogatories now anyway.
Okay.
You all right?
Why wouldn't I be all right?
Rebecca.
We're back.
We're back to...
Interning people,
sticking them in prison because
of where they were born.
It happened in World War II
with the Japanese-Americans,
and it's back.
The government will apologize
for it later,
but then it'll be too late.
Innocent people are having
their lives ruined now.
Mr. Habib--he thinks being
a good American
is giving up your rights,
not fighting for them.
Most people know
that Arab-Americans
are Americans, Rebecca,
and that they're our neighbors,
but everyone's afraid.
We don't know who we know
and who we don't know and...
we're afraid.
Yeah.
(sighs)
(chuckles softly)
We're back.
KITTLESON:
Let the record reflect
that the parties
are present
and that the jury
has returned.
The defendant
will please rise.
Mr. Forman, as to the charge
of murder in the first degree,
how say you?
Your honor,
the jury has a statement.
You have a what?
We were told it was our civic
duty to serve on a jury
because the constitution
guarantees every defendant
the absolute right to be judged
by a jury of his peers.
This is not a forum for--
FORMAN: We were told
that the American system,
for all its flaws,
is the best system
in the world
because of the concept
of the citizen jury.
Move for immediate reading
of the verdict.
But what we found--
Sir!
You have one more chance
before you risk
a finding of contempt.
Have you all agreed
on a verdict?
What we've agreed on
is that this has been about...
the most appalling spectacle
we have ever seen.
The only thing
that should matter in here
is did the defendant
or did he not commit the crime?
Nobody here cares--
not her, not him.
And not you.
Nothing that's gone on here
has been about giving the jurors
the information they need
to make the right decision.
A girl is dead.
A man's freedom is at risk.
If he killed her, his liberties
should be forfeited,
and we're supposed to decide...
based on what, exactly?
We want justice
for the victim,
but we can't provide it.
KITTLESON: Are you saying
you cannot reach
a unanimous verdict?
No, your honor.
What we're saying
is we refuse to try.
We have not reached a verdict.
We will not reach a verdict.
If you want to hold us
in contempt,
well, there's a certain justice
in that
because contempt
is what we feel.
You are in contempt.
Security, would you please take
the jury into custody?
I declare this a mistrial.
Miss Gamble, you may ask
for a date
to begin the retrial.
(gavel bangs)
We're adjourned.
(knocks on door)
(clears throat)
The judge allowed me
to withdraw,
so for the next trial...
you have my best wishes.
Thank you.
Well, they certainly reached
a verdict on us, anyway.
Yep.
Got a little ugly, but I don't
think we were that out of line.
It's a trial.
What do they expect?
I don't know.
You know jurors.
We can't beat ourselves up
over this, Eugene.
Nope.
Heads high.
Heads high.
(music playing)
WOMAN: You stinker.
You've got all the evidence.
He knows he killed her.
What defense could he have?
Honestly, I don't know.
I thought insanity,
but I guess they can't find
a shrink willing to testify.
(sighs)
I prayed he'd plead guilty
so this would be over.
Well, we don't start
for another hour.
We can still offer him a deal.
JOHNSON: What kind of deal?
Murder two,
and that's a gift.
That's still life, man.
With the possibility
of parole.
No. No.
Daryl, you have no defense.
Your semen was found
in the victim.
I made love with her earlier.
Your prints
are on the murder weapon.
A witness saw you
run out of her apartment
at the time she was murdered.
The witness got it wrong,
Mr. Young.
It's as simple as that.
Well, she seems pretty sure.
She got it wrong.
A friend of mine in this trial
called this doctor witness.
He talked about
how some white people
can't tell
black people apart--
some disease
or something like that.
That witness has got that
disease is all.
We gotta call this doctor.
I don't think race
is an issue here, Daryl.
You don't understand,
Mr. Young.
I'm instructing you
to make it an issue.
(music playing)
What do you mean
you want out?
Just what I'm saying,
Your Honor.
The trial is set to start
in 40 minutes.
My client and I have
insurmountable differences
which would have.
Such as?
That's privileged.
Let's just say it's about
strategy and ethics.
Eugene, every lawyer seems to
have insurmountable differences
with the court-appointed cases.
I'm telling you
this one is real.
You know me well enough to know
that if I say it,
it is real.
I'm not letting you out
for a strategy difference.
Forget it.
Your Honor,
I'm asking a favor here.
I can't let you out.
Not now.
WASHINGTON:
When did they take him in?
Three weeks ago.
And they wouldn't tell you
anything?
The only thing I know is that
the FBI has him somewhere.
I hired a lawyer.
He got nowhere.
I hate coming to a patient,
but I--
No problem.
Your husband's first name?
FORD: Bill.
Bill Ford.
And his middle initial?
Habib.
I'm sorry?
Ford is my maiden name.
My husband's last name
is Habib.
All I'm saying, I just think
if the FBI picked him up,
they must have had
a good reason.
This woman is my doctor,
Jimmy.
Her husband's been in this
country for 30 years.
Why'd they grab him?
Just because he's Arab?
He's Arab-American, and we don't
know why they grabbed him.
They're not telling us.
Like I said,
the last time I checked,
The police don't arrest people
for no reason.
When is the last time
you checked?
Linda McLaughlin was the first
person in her family
to go to college.
These are her parents.
The evidence will show that
on November 19th of last year,
their daughter, Linda, walked
out of the campus grocery store
and was accosted by the
defendant,
Daryl Johnson,
A homeless man
who panhandles in the area.
Daryl followed Linda home...
raped her...
then beat her to death.
After we prove it,
I will ask you to find
Daryl Johnson guilty
of murder
in the first degree.
Mr. Young?
(clears throat)
Mr. Young?
The evidence
will not establish
that Daryl Johnson committed
this crime.
the evidence will establish that
the police arrested him
simply because he fit
the profile in their minds
of the type of person who would
commit this particular crime.
(phone ringing)
RENFORD: I'm special agent
Charles Renford.
Sorry for the delay.
WASHINGTON: Oh, no problem.
I assume you guys are pretty
busy right now.
RENFORD:
What can I do for you?
I've been trying to talk to
these agents about Bill Habib.
RENFORD: These agents got
pulled onto details overseas.
They are not available.
Okay.
Can you tell me anything?
I'm sorry. I can't.
Is that because you don't know
or because you won't say?
Agent Renford,
I am formally requesting you
let me see my client.
I'm afraid you can't.
What do you mean?
I'm his lawyer.
You can't see him,
Miss Washington.
That's all I can say.
Are you familiar
with the concept
of due process,
Agent Renford?
DONNELL: First, find out
where he's being held.
Call the Bureau of Prisons.
WASHINGTON: I did,
along with the
Board of Corrections,
Suffolk County Jail,
middle-sex.
Nobody knows a thing.
Call the I. N. S.
They can hold someone
indefinitely
even if there's a hint
of an immigration problem.
He's a U. S. citizen.
He has been for 20 years.
I'd still check it out. You
don't know what they can do now.
What about his first lawyer?
He won't talk to me,
says he's been ordered not to.
DONNELL: Ordered?
By who?
I have no idea.
Okay.
If the Feds took him, you gotta
assume they still got him.
File a Federal Habeas.
Make them produce his body,
at least.
The girl had just
walked out of the market
when he walked up to her.
This girl?
Yes.
Mr. Banks, had you ever
seen the defendant before?
He's a street guy,
carries your bags for change.
Sometimes
he can get aggressive.
Objection.
Sustained.
The Jury will disregard.
GAMBLE: Just tell us
what you saw that day.
He tried to carry
her shopping bags,
and she was like,
"Whoa, I got it."
They kind of argued
over the bags for a minute,
and then she walked away.
GAMBLE: What did
the defendant do then?
He stood there pissed.
Then he started to follow her.
YOUNG: Did you hear
anything they said?
No.
Then when you say they argued--
It looked like they argued.
About the bags.
Could they have been talking
about something else?
I don't know.
I guess.
YOUNG: You guess?
So it's possible then they were
talking about something else?
Yes.
YOUNG: And Mr. Banks,
you never thought Ms. McLaughlin
was in danger,
did you, sir?
In danger?
Yes.
You saw her with my client.
You didn't think
she needed help
or that you should call
the police, did you?
No.
Thank you, sir.
That's it?
Daryl, if you're unhappy
with my work,
you can tell the judge
and get a new lawyer.
You're the right lawyer
for this, Mr. Young.
I'm sure about that.
WASHINGTON: Agent Renford,
I didn't expect to see--
MCNALLY: Theodore McNally,
Assistant U. S. Attorney.
Thanks for coming down.
Let me give you this back.
It's my Habeas.
It isn't filed?
Clerk's office caught it.
You can't file it.
What do you mean
I can't file it?
This involves
classified material,
top-secret or higher.
It can't be--
I'm just asking
to see my client.
Now, when do I get
to see my client?
(sighs)
After you get a national
security clearance.
Renford will expedite it.
I'll need your home address,
Social-Security number,
names of family members,
and how you know Mr. Habib.
I haven't even met him yet!
Hold on.
I need to warn you,
anything you say
can and will be used
against you and your client.
Use against me--
What are you talk--
This case involves
national security.
You want to defend Habib,
you need a clearance.
To get it,
you gotta go through us,
answer our questions.
If you lie to us,
it's perjury.
Plus, everything we tell you
is privileged.
If you divulge
any of it to anyone,
you'll be prosecuted.
And what if I don't want
a security clearance?
What if I object it's
a violation of my rights?
Then Mr. Habib
gets no lawyer.
WASHINGTON: I'd need
security clearance
to see my own client,
who I never met.
I don't know
why he was arrested.
Rebecca, these are
different times.
Thank you, Lucy.
So, what happens next?
Assuming I get the clearance,
I'm hoping to meet
the client tomorrow.
I haven't found him yet.
So we're off to Federal Court.
I'm hoping to persuade a Judge
to order the government
to at least tell us
where he is.
(sighs) Okay.
Sarah, is it possible
your husband is involved
in something?
No, Rebecca,
that's not possible.
I'm sorry.
As your lawyer,
I had to ask you that question.
Right.
We wouldn't want you
committing malpractice.
Numerous skull fractures,
massive and fatal head trauma.
What caused these injuries,
detective?
A table lamp was found near
the body covered with blood
and portions of her scalp.
It was determined
to be the murder weapon.
Were any fingerprints
on the lamp?
The defendant's fingerprints
were found
on both the lamp
and the victim.
Detective...
what other evidence
did you find?
A rape examination revealed
the presence of semen.
We did a DNA test.
It matched the defendant.
Thank you.
KITTLESON: Mr. Young?
YOUNG: Did you find bruising?
DETECTIVE: We found bludgeoning.
That wasn't my question.
Did you find bruising
in the vaginal area?
We didn't find that.
YOUNG: How about tearing?
DETECTIVE: No.
Did you find defensive wounds
on the victim's hands or arms,
skin under her fingernails?
No.
Detective, can you rule out the
possibility of consensual sex?
Objection.
Overruled.
Doesn't sound like
she was fighting, does it?
This could have
been consensual.
Sidebar, Your Honor.
Quickly.
There is no good-faith basis
for the suggestion
of consensual sex here,
and he knows it.
My client says
it's consensual.
That's it?
That's all he needs.
It's bad enough the parents have
to sit here and listen--
You can advise the parents to
leave the room. Why don't you?
This is your defense?
That the sex was consensual?
This is his defense,
Your Honor,
and you can take me off
whenever you please.
(sighs)
Assuming that Mr. Young does, in
fact, have a good-faith basis
for the question,
I'll allow it.
Your Honor--
he's entitled to put
on a defense, counsel.
But tread lightly, Eugene.
Now step back.
YOUNG: Detective...
is it possible the sex here
was consensual, yes or no?
I suppose it's possible,
but--
Thank you, sir.
That's all.
MAN: Sorry, ma'am,
no bags inside.
Can I get a piece of paper
and a pen?
MAN: No, ma'am.
No writing materials.
(sighs)
Sorry, ma'am.
What's wrong?
Closed courtroom.
Only the lawyers.
This is the man's wife.
Orders of the court, ma'am.
No visitors.
Please, he's my husband.
I haven't seen him in weeks.
Ma'am, I'm sorry.
You're just
following orders, right?
Okay, I'm sorry.
I understand.
Go ahead, Rebecca.
Just please tell Bill
I'm out here.
(sighs)
I heard the screaming, and I
knew something wasn't right,
so I opened my apartment door
and looked out,
and there he was.
This man right here?
SOLOTKIN: Yes. He was dressed
ratty, like a bum,
and he didn't smell
too good either.
GAMBLE: Did he say anything?
SOLOTKIN: No, but as soon
as he saw I was looking at him,
he ran for the stairs.
GAMBLE: You're absolutely sure
this is the man you saw leave
Ms. McLaughlin's apartment?
Positive.
GAMBLE:
Right after you heard screaming?
SOLOTKIN: That's right.
YOUNG: Did you know the victim,
Mrs. Solotkin?
Not personally,
but I'd seen her.
Ever talk to her?
Not really.
So you don't know her voice.
No.
Wouldn't recognize
her scream?
No, but I'm assuming
it must have been her.
The scream came at the time
she was killed.
YOUNG: You're assuming.
Do you know many
black people?
Objection.
Have any black friends?
KITTLESON: Mr. Young,
what are you doing?
Laying a foundation,
Your Honor.
A foundation for what?
If I could be allowed
to proceed, I'll get there.
Do you recall the question?
About black people?
I don't really know
any that well.
But you know for sure
it was my client
even though you saw him
for just a moment
from down the hall?
Well, I don't know for sure.
It could have been
somebody else
who looked exactly like him,
I suppose.
Thank you, ma'am.
Nothing further.
KITTLESON:
The witness may step down.
Ms. Gamble?
The Commonwealth rests.
Mr. Young?
The defense calls
Dr. Donald Sideman.
You gotta be kidding!
If I can't put on a defense,
why don't we lynch him?
Mr. Young is trying
to make this about race--
Move to strike!
Counsel, get up here.
I will hold both of you
in contempt
if there's another
such outburst.
Who is Dr. Sideman?
He testifies white people can't
tell one black man from another.
Sorry?
He's an expert on cross-racial
impairment of eyewitnesses.
This has been rejected
by other courts.
Plus, Mr. Young
gave no notice.
YOUNG: I didn't know race
would be an issue.
You are the one
making race an issue.
If I can't call this witness,
I'll take you up,
emergency appeal,
and I want a mistrial.
You may call Dr. Sideman.
You're letting him
run your court.
I run my court, Ms. Gamble.
If Dr. Sideman is a buffoon,
I will instruct the jury
to disregard.
REBECCA: He's been kept
from his family for three weeks,
and we don't know
what he's been charged with.
He hasn't been charged
with anything.
Then how and why
are you holding him?
MCNALLY: He's being held
as a material witness.
WASHINGTON: To what?
That information
I can't reveal.
WASHINGTON:
How do I represent him
if I can't be told
why he's being held?
This case involves
information obtained
through the foreign-intelligence
surveillance act.
Mr. McNally, I appreciate your
concern for national security,
but I'm going to do my part
to safeguard what is left
of our constitution.
Get Mr. Habib
into this courtroom.
Let him see his lawyer
and his wife,
and we are going to make sure
that he gets at least
some kind of hearing.
Your honor, I don't think
you have the authority--
Counsel!
These are strange times,
And nobody is quite sure
who has what authority,
I grant you,
but you don't want
to be testing mine.
If I don't see Mr. Habib
in this room
with his lawyer and his wife,
you are going to be held
in contempt.
Many eyewitnesses
have a hard time
correctly identifying
suspects
who are of another race.
We call that
"cross-racial impairment."
YOUNG: Is it common?
SIDEMAN: Very.
How do you know?
From my work
as a Clinical Psychologist,
from my review of over 50 years
of empirical studies
on the subject.
YOUNG: Are certain people
more likely to suffer
from this impairment?
People unfamiliar with members
of the race in question.
They don't see black people
very often.
Suddenly,
they have to identify one.
They're more likely
to pick the wrong one.
Thank you, Doctor.
Blacks all look alike--is that
your scientific opinion?
YOUNG: Objection.
KITTLESON: Sustained.
Doctor, did you talk
to Mrs. Solotkin
about her identification
of the defendant?
No.
Are you aware
that there's no agreement
in the scientific community
that cross-racial
impairment even exists?
Cross-racial impairment
is real.
SIDEMAN: When studies confirm
what life has already taught us,
to me, that's the best proof
you can get.
GAMBLE: Well, is that why many
courts have refused
to let you testify?
Science often outpaces the law,
Ms. Gamble.
He's trying to hang the jury.
Should I call my own experts?
I'm afraid the more
I attack his defense,
the more credible
I make it seem.
If you do nothing, it looks
like you're conceding.
He's made it about race
because he's got nothing else.
What he does have
are four black jurors.
Oh, please.
And he's black.
Race isn't the issue,
but it probably won't be.
(sighs)
But we can't be so naive
as to rule out the possibility.
(knocks on door)
Got a second?
Don't look at me
like I'm having fun.
Have you looked at
the crime scene photos, Eugene?
I've seen them. Look, you know
It's an appointment, so--
Oh, come on, spare me
the "Just doing my job" crap.
Good lawyers manage
without going racial.
My client instructed me
to put on a defense.
That defense?
As a matter of fact, yes.
If you're here to wiggle off
the moral hook...
That's not why I'm here.
He's going to testify.
You'll be suborning perjury.
Only if I know he's lying,
which I don't.
He says he's innocent,
Helen.
I think we should plead this,
or in the alternative,
you should tell the parents
not to be there.
It won't be easy to hear.
That a threat?
It would be unethical for me
to make a threat.
Wouldn't it, Helen?
I won't be blackmailed
into a plea deal.
You done?
Done.
(door opens)
GAMBLE: For your own
emotional welfare,
I'd say stay out
of the room, but...
But what?
(sighs) Well, strictly
for the case,
obviously, it's better
if you're in there.
He'll look
more like a monster
saying the things he'll probably
say with the parents present.
He's going to attack
my daughter?
Is that how it works?
Yes, it works that way
sometimes.
We'll be there.
GAMBLE: Are you sure?
We'll be there!
Okay, but you have
to stay under control.
My opinion is this lawyer
would love a mistrial,
and if you jump up in there,
you might very well
give it to them.
All right.
Fine.
RENFORD: Okay, he's coming in.
Dr. Ford, I'm going to ask you
not to speak to him
or hand him any items.
Can they have some privacy?
Dr. Ford is not a suspect.
If she talks at all
and it appears like she's trying
to pass coded information,
she might become one.
She is here to observe.
Now, that's D. O. J. rules.
HABIB: You have two children
to care for.
Don't say anything,
understand?
Why don't we all sit down?
Mr. Habib,
I'm Rebecca Washington.
I'm your lawyer.
We're about to have
a hearing.
I didn't ask for either
a hearing or a lawyer.
Your wife hired me.
She should not have.
Is my--is my wife, my sons,
are they all right?
Have they been harmed?
No, we're fine.
Would you tell him
we're fine, please?
Do you have any idea
why you're here?
Miss, uh...
Washington.
Help my wife understand,
I did what I did
because it was right.
Bill, what are you
talking about?
Tell the judge
I'm ready to proceed.
I'd see her in the park by
campus, you know, just jogging.
I'd wave.
One time, she stopped,
and we just talked a little.
YOUNG: Tell us about
your relationship.
JOHNSON: We'd meet late at night
when nobody was around.
When it got colder,
that's when she started
inviting me over to her place.
And what would you do there?
We'd talk, watch television.
After a while,
we started having sex.
She said...
well, she said she always
wanted to be with a black man.
So, you know...
YOUNG: Turning your attention
to November 19th,
the day Ms. McLaughlin
was killed,
did you see her that day?
Yes, outside the market.
I offered to carry her bags,
like I'd done before,
but she said she couldn't
see me anymore.
Did she say why?
No, so I followed her,
just trying to talk.
When we got to her apartment,
she said
she was seeing another guy.
I begged her
not to break us up.
We argued for a little bit,
and she said
that she loved me.
YOUNG: Did you make love
to her that day, sir?
Yes.
Afterwards, she said
she was gonna break up
with that other guy
that night,
that he was supposed to be
coming over that night.
When I left, she was alive.
YOUNG: Thank you, sir.
Do you know if anyone
ever saw you two at the park
the day you met?
I don't know.
Do you know if anyone
ever saw you at the apartment?
No, I always came
over there late at night.
Anyone know anything
about the relationship?
No. She liked
to keep it secret.
So nobody can verify
a single part of your story?
I guess because of our
different social places
or whatever
you want to call it,
you know, she just liked
to keep it between us.
Mr. Johnson...
this is your booking photo.
This is what you looked like
the day after Linda McLaughlin
was killed, is that correct?
Objection--relevance.
Overruled.
I was upset when
that picture was taken.
GAMBLE:
You were homeless, filthy,
off your meds,
yet you expect us--
I'm not crazy!
You expect the jury to believe
the victim fell
in love with this,
voluntarily had sex with this,
willingly invited this
into her apartment,
her life, her bed?
Objection!
Sustained.
Linda was a beautiful person.
She loved
all kinds of people.
She didn't care
what they looked like.
You need to call
that Collins girl.
It could end up backfiring on us
with some of the jurors.
We can't afford to be that
sensitive, Helen.
We try and be P. C.
Here, we lose.
Collins refutes what Johnson
just testified to.
She's all we have
to refute it.
Part of our strategy is
presenting sympathetic parents.
It can't be about that now.
It's about showing there
was never a relationship
between Johnson
and the victim, period.
You know Eugene's
ready for her.
We have no choice.
We need that witness.
Call her.
WASHINGTON: Do you know
why you're in custody?
The government believes
I may have information
about someone, I think.
I don't really know.
He didn't do anything, but he
may have known some people
with ties to others who are
wanted for questioning.
WASHINGTON: What information?
What do they think you know?
MCNALLY: Objection.
Sustained. You can't know that,
Ms. Washington.
You haven't talked
to your family in weeks.
Why did they keep you
from talking to your family?
They didn't.
I chose not to call my family.
Why?
I was told
anyone I spoke with
would be subject
to investigation.
I do not want to bring
my family into this.
My wife and children
were born here.
They have no connection
to any Arab...
other than me.
Have you been interviewed?
Many times.
Did you know you had the right
to have an attorney present?
I waived my rights.
You waived them?
Voluntarily?
I talked to them
on my own.
They didn't force me,
not in any way.
Did they make you afraid?
Am I fearful?
I guess I would say yes,
but I have made
all my decisions voluntarily.
You voluntarily refused
to speak to your family?
I explained that.
I didn't want to involve them.
Calling your wife
to say you're okay,
that would involve her?
I couldn't be sure
it wouldn't.
Mr. McNally, if Mr. Habib
is not a suspect
and he's cooperating,
why can't he go home?
We're learning new information
all the time
from wiretaps,
overseas contacts.
He may know more than
even he realizes.
But he'll stay available to you.
He's not going anywhere.
He volunteered to help.
We can't risk losing him.
Look, we are trying to get
the information we need
to stop the potential murder
of thousands of Americans.
That means depriving some
Americans of their civil rights.
I don't like it,
but that's how it is.
You're imprisoning
an innocent man.
HABIB:
Miss Washington, enough!
If my country thinks
I should be here,
I will stay here!
Your country?
Yes, I am an American!
I am serving my country!
Mr. Habib...
have you been tortured?
No.
Have you been mistreated
physically in any way?
No!
And you do not oppose
being held further?
I do not!
Your Honor, please wait.
WINWOOD:
Miss Washington, I'm sorry.
In war, law is silent.
Habeas motion is denied.
Mr. Habib shall
remain in custody.
There is no way Linda McLaughlin
was dating that man.
GAMBLE: You know this?
COLLINS: We were real close.
If she was dating someone,
I'd know.
To your knowledge,
was she dating anyone?
Objection--speculation.
Goes to rebuttal.
We can refute the existence
of a relationship.
Proceed.
She wasn't dating him.
I'm sure.
How do you know?
We talked about it,
about interracial relationships,
on occasion.
She said...
she said she wouldn't date
African-Americans.
Ever.
Those were her exact words?
Yes.
Among other things,
she said her parents would have
a big problem with it,
particularly her dad.
GAMBLE: Thank you, Miss Collins.
You didn't live with her,
did you?
No.
So it's possible she was seeing
him without you knowing?
No. That's not possible.
How can you know that?
Because of what she said.
That her parents
would have a problem
with her dating a black man,
Yes.
YOUNG: Especially her father?
COLLINS: Yes.
Her father's a racist,
isn't he?
GAMBLE: Objection.
YOUNG: Goes to bias.
What bias?
The victim concealed her
relationship with my client
because she feared her father,
who hates black people.
GAMBLE: Objection!
KITTLESON: I'm warning you both
for the last time.
Mr. Young, move on.
Miss Collins...
when you
and Linda McLaughlin spoke
of interracial relationships,
what was your position
on the matter?
I was against them, too.
YOUNG: So Linda, knowing this,
maybe she didn't want you
to find out
about her and Daryl either.
GAMBLE:
Objection--Speculation.
Overruled.
Maybe because she knew
you were a bigot, Ms. Collins,
Linda just said she didn't want
to date a black man.
Objection!
That is more than enough,
Mr. Young.
The witness may step down.
I assume the parties rest?
We have a rebuttal witness.
And who is that?
YOUNG: Joe McLaughlin,
the victim's father.
Objection!
I have legitimate reasons
to call him.
Name one.
The D. A.'s own witness just said
the daughter had a motive
to hide her relationship
from her father.
I'm allowed to pursue that.
GAMBLE: I would ask
the court for time
to consult
with Mr. McLaughlin...
You can't have that right.
He's my witness.
KITTLESON: Enough!
Mr. McLaughlin...
after lunch,
you will take the stand.
MAN: Do you swear to tell
the truth, the whole truth,
and nothing but the truth,
so help you God?
I do.
Be seated.
Mr. McLaughlin,
did you pressure your daughter
not to date black men?
I asked you a question, sir.
My daughter was killed by that
man sitting right there.
Move to strike--
nonresponsive.
Instruct the witness
to answer the question.
Sustained.
The jury will disregard.
Please answer the question,
Mr. McLaughlin.
I never pressured my daughter
not to date black men.
Well, was she mistaken
or did she lie
when she told Betsy Collins
that you would have trouble
with her having
an interracial relationship
like the one she had
with my client?
Objection.
There was no relationship
with your client
Was she afraid to tell you?
Objection!
I am not a racist,
Mr. Young.
But you were against
interracial relationships?
Like any father, I wanted my
daughter to have a good life.
I was really worried about
interracial relationships
because they were subject
to bigotry,
hatred for the couple.
I mean, for the kids.
I see.
So to protect her from bigots,
you decided to become one?
GAMBLE: Objection!
YOUNG: Withdrawn.
She knew you'd disapprove
if she did date a black man,
didn't she, Mr. McLaughlin?
She never dated that man!
Because if she did,
she would have told you
all about it, right,
knowing how open-minded
you can be?
If he's black,
it had to be rape,
right, Mr. McLaughlin?
Objection!
Sustained.
He agreed to be held.
For what?!
He didn't do anything.
Are they torturing
witnesses now, Rebecca?
I cannot believe that.
I read it in the paper.
Maybe the CIA is doing that now.
You asked
the question yourself.
Doctor, you know your husband,
his personality, his demeanor.
Did he seem like
maybe he'd been tortured?
He seemed...
He seemed what?
Intent on proving
his loyalty to America.
Desperate to prove it.
Closing arguments
are not evidence.
Nothing the lawyers
say is evidence.
Your verdict must be based
solely on evidence.
YOUNG: They had an affair.
The prosecution refuses
to believe it. Why?
The man in the parking lot sees
a black man with a white woman
and assumes he's hassling her.
The woman in the hallway can't
tell one black man from another,
so the prosecution
would have you believe
that the only relationship
that could be between
a black man and white woman
is killer and victim.
GAMBLE: The defendant
was seen arguing with her
in the parking lot.
A witness watched him
follow her home angry.
He was seen coming out
of Linda's apartment.
His prints were on
the murder weapon.
His semen was found
in the victim.
Neither the race
of the defendant nor the victim
should have any bearing
on your verdict.
It is irrelevant
and must not be considered
by you in any way.
YOUNG:
Linda McLaughlin had a motive
to deny her relationship
with my client.
She feared her father.
Her father
doesn't like black people.
There's no evidence to suggest
someone else killed her.
No one else's prints were found
anywhere in the apartment.
The evidence points
only to the defendant.
Of course his prints
were on the lamp.
He would visit her.
He slept with her.
They only looked
for one defendant.
Daryl Johnson is on trial,
ladies and gentlemen,
simply because he's black.
All we ask is...
honor your oath.
Hey.
WASHINGTON: Hey.
What's happening?
Nothing.
He's in custody, he's instructed
me not to challenge it,
and he's staying in custody.
For how long?
I don't know.
The case is over.
I'm working on the neely
interrogatories now anyway.
Okay.
You all right?
Why wouldn't I be all right?
Rebecca.
We're back.
We're back to...
Interning people,
sticking them in prison because
of where they were born.
It happened in World War II
with the Japanese-Americans,
and it's back.
The government will apologize
for it later,
but then it'll be too late.
Innocent people are having
their lives ruined now.
Mr. Habib--he thinks being
a good American
is giving up your rights,
not fighting for them.
Most people know
that Arab-Americans
are Americans, Rebecca,
and that they're our neighbors,
but everyone's afraid.
We don't know who we know
and who we don't know and...
we're afraid.
Yeah.
(sighs)
(chuckles softly)
We're back.
KITTLESON:
Let the record reflect
that the parties
are present
and that the jury
has returned.
The defendant
will please rise.
Mr. Forman, as to the charge
of murder in the first degree,
how say you?
Your honor,
the jury has a statement.
You have a what?
We were told it was our civic
duty to serve on a jury
because the constitution
guarantees every defendant
the absolute right to be judged
by a jury of his peers.
This is not a forum for--
FORMAN: We were told
that the American system,
for all its flaws,
is the best system
in the world
because of the concept
of the citizen jury.
Move for immediate reading
of the verdict.
But what we found--
Sir!
You have one more chance
before you risk
a finding of contempt.
Have you all agreed
on a verdict?
What we've agreed on
is that this has been about...
the most appalling spectacle
we have ever seen.
The only thing
that should matter in here
is did the defendant
or did he not commit the crime?
Nobody here cares--
not her, not him.
And not you.
Nothing that's gone on here
has been about giving the jurors
the information they need
to make the right decision.
A girl is dead.
A man's freedom is at risk.
If he killed her, his liberties
should be forfeited,
and we're supposed to decide...
based on what, exactly?
We want justice
for the victim,
but we can't provide it.
KITTLESON: Are you saying
you cannot reach
a unanimous verdict?
No, your honor.
What we're saying
is we refuse to try.
We have not reached a verdict.
We will not reach a verdict.
If you want to hold us
in contempt,
well, there's a certain justice
in that
because contempt
is what we feel.
You are in contempt.
Security, would you please take
the jury into custody?
I declare this a mistrial.
Miss Gamble, you may ask
for a date
to begin the retrial.
(gavel bangs)
We're adjourned.
(knocks on door)
(clears throat)
The judge allowed me
to withdraw,
so for the next trial...
you have my best wishes.
Thank you.
Well, they certainly reached
a verdict on us, anyway.
Yep.
Got a little ugly, but I don't
think we were that out of line.
It's a trial.
What do they expect?
I don't know.
You know jurors.
We can't beat ourselves up
over this, Eugene.
Nope.
Heads high.
Heads high.
(music playing)
WOMAN: You stinker.