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Season1 Episode6Bailiff: Commonwealth vs. David Piper, sexual intercourse with a minor.Eugene: Eugene Young for the defendant. Well waive reading. Plead not guilty. Ask for personal recognizance, no priors. Are you asking bail?DA: No.Judge: How old is the girl?DA: Thirteen, Your Honor.Judge: Trial date, June the 20th.See Probation.David: So wheres Mr. Donnell?Eugene: Hes in trial this week. Can you come by the office? This report is a little sketchy, I need more information.David: Whats gonna happen to me?Eugene: Well, I wont say “nothing”. David, a 13-year-old girl, I mean.David: Well, shes 14 now, and she consented.Eugene: That doesnt matter when its statutory rape. Statutory rape. She was 13. That sink in at all with you?David: I fell in love with her, man.Eugene: And what, did she report you? Was it her parents?David: I think it was her doctor.Eugene: Her doctor? Did she get hurt?David: No, man. She got pregnant.Reporter: How are you gonna plead?Reporter: Mr. Berluti, what can you tell us?Jimmy: We expect to show he didnt do it.Reporter: But he said he did.Jimmy: No, he only admitted to shooting the guy in the head, causing his death forthwith. That isnt necessarily murder when there are mitigating circumstances.Reporter: Mr. Berluti?Reporter: But like what?Jimmy: The guy had it coming.Reporter: Mr. Donnell?Reporter: Mr. Donnell?Bobby: No comment. Goodbye. Were you talking to them?Jimmy: Sound bites, nothing of substance.Reporter: Rabbi?Reporter: Rabbi?Reporter: Rabbi Silverman, what is your position?Jimmy: There.Reporter: Rabbi Silverman, what is your position?Jimmy: He looks like a corpse. Is the judge gonna let him wear the little cap?Reporter: Jury nullification basically means telling the jury to acquit, even though the defendant is guilty. Lawyers arent technically allowed to make this argument, but they invariably find a way to do it anyway. Watch it. And Bobby Donnell is expected to do it here. Hell be saying, Hey, whatever the law says, you cant put Gerald Braun in jail. It can be effective with sympathetic defendants, and the prosecution knows this. Thats why they brought in Asher Silverman. If the defense takes a holier-than-thou position, you can bet Rabbi Silverman will have something to say about it.Eugene: How old are you, David?David: Im 19.Eugene: Nineteen. Okay. And the victim Melanie White, are you two still on good terms?David: Yeah.Eugene: What about her parents? Any chance they dont hate you?David: Well, shes only got her mother, and I dont think shes too happy, but she aint threatening to kill me or nothing.Eugene: Is there any chance that Melanie or her mother would speak on your behalf? Hey, this is all gonna come down to sentencing. So whatever help we can get.David: I dont know about Mrs. White, but I know Melanie would come. Shes with me now.Eugene: What?David: Yeah, shes out there waiting.Eugene: Well, she can come in.David: Come on in, baby. Mr. Young, this is Melanie. Melanie, Mr. Young.Melanie: Hi.Eugene: Hi. So you two are on good terms?Melanie: Didnt you tell him?David: Look, Mr. Young, we love each other, all right? And we both wanna have this baby.Man: The judge is due back shortly.Woman: Lets get some seats in the back.Man: All right.Man: Okay.Bobby: Last chance. Well still take manslaughter, voluntary.Silverman: I think not.Bobby: He could walk.Silverman: I think not.Jimmy: Its an honor to be up against you.Bobby: Jimmy.Jimmy: But were not afraid.Bailiff: All rise. The state of Massachusetts vs. Gerald Braun.Reporter: Our sources say the prosecution will first be putting up an eyewitness by the name of Chris Varley who was out walking his dog that day and saw Dr. Braun shoot Mr. Martin. The medical examiner is scheduled to follow.Rebecca: You believe this? Every station is covering it. This will definitely put us on the map.Reporter: Dr. Braun was compelled.Ellenor: Yeah, nice map.Reporter: by an overwhelming moral force that made him pull the trigger. A stretch? Maybe. Witness: He just walked up, real calm, raised the gun and shot him. DA: What did you do, sir?Witness: Well, I just kind of froze up. There was blood coming out of the guys neck. Then he took, like, two steps, pointed the gun again, and shot him in the head, and that was it.DA: Did you have opportunity to observe the demeanor of the defendant, sir?Witness: He seemed as calm as he could be.DA: What happened after the shooting? Mr. Varley?Witness: Well, he looked up, said to me: I suggest you notify the police. Just like that, real calm: I suggest you notify the police. like it wasnt even a 911.ME: The first shot wasnt fatal. You can see it only nicked the carotid sinus at the bifurcation.Silverman: What about the second shot?Bobby: Your Honor, I renew my objections to these photos.Judge: Overruled.Bobby: Any probative value they might have.Judge: Mr. Donnell.Bobby: will stipulate the injuries were both bloody and fatal.Judge: Mr. Donnell, the court advises you to take your seat now. Thank you. Mr. Silverman, you may proceed.Silverman: What about the second shot?ME: The bullet entered the temporal lobe just above the eye socket causing a pressure explosion of the upper brain and skull.Silverman: Do you have a medical opinion as to how long it took Ronald Martin to die?ME: From the time of the first wound, probably about 30 to 40 seconds.Silverman: Do you have an opinion as to whether the victim suffered?ME: Well, for 20 seconds or so, he was drowning in his own blood. I would consider that suffering.Bobby: I thought it went very well.Braun: Well? That was well?Jimmy: Dr. Braun, you gotta expect, the prosecution is gonna try to make you look like Charles Manson or something. I think so far, youre coming off a normal killer. And now we put on our case.Braun: Which is just the three of us.Bobby: No. Itll just be you.Roberta: I thought I was first.Bobby: If I put you on that stand, Mrs. Braun, they can get it out on cross how calm Gerald seemed before he left. Your being in the courtroom is enough. I think it shows you support him.Danny: What about me?Bobby: Too dangerous.Danny: But the whole point is to show Gerald had some moral empowerment. If I dont take the standBobby: If I put you in that chair, Asher Silverman can blast away at our moral justification theory with no risk to alienating the jury. With Jerry, he has to tiptoe. The jury feels sorry for Jerry. Hes a victim. Youre not.Danny: Even so, I can support Geralds state of mind.Bobby: I dont want our case depending on the jury liking or accepting you, because they wont.Roberta: Why dont we just argue temporary insanity? The jury.Braun: No.Roberta: Theyll let you go.Braun: Look, I wasnt insane. I wont say that I was, damn it.Bobby: Are you ready with your testimony?Braun: Yeah. Im ready.Judge: Mr. Donnell, you may call your first witness.Bobby: Thank you, Your Honor. The defense calls Dr. Gerald Braun.Judge: Ill remind the gallery to stay silent.Bailiff: Raise your right hand, please. Do you swear to tell the truth, the whole truth and nothing but the truth, so help you God?Braun: So help me God.Jimmy: All right, no comment, but this was not new information they put on. I cant.Reporter: What about the witness?Jimmy: We know Dr. Braun pulled the trigger, so whats the point to the eyewitness?Reporter: Well.Jimmy: No, no comment at this time, sorry. And theres no secret that the guys head and neck kinda exploded. This was all stipulated too. They were just trying to be inflammatory with those photos. How, how many times do I gotta say no comment?Reporter: Mr. Donnell, what is your comment? Mr. Donnell?Jimmy: Sound bites. Nothing more.Reporter: Mr. Donnell, what is your comment?Reporter: Mr. Donnell, we need to find out.Reporter: Mr. Donnell, you must say something.Reporter: The defense wants to prove heat of passion, but this is where it gets tricky. Normally, heat of passion means a flash of rage or that the defendant somehow lost control. But here, we have eyewitness accounts as to how calm Dr. Braun was. The defense is basically arguing that the passion here is moral passion. That Dr. Braun was compelled by an overwhelming moral force that made him pull the trigger. A stretch? Maybe. But remember, if the defense can prove heat of any passion, Dr. Braun will walk completely free, because manslaughter is not an option for the jury here. Prosecution is gambling and they are going all or nothing.Rebecca: Why did you want off this case? Any lawyer would want in on this.Ellenor: Heat of passion? Please. Im all for representing a client zealously, but arguing the morality of murder really isnt my niche.Lindsay: A defense is a defense, Ellenor. If memory serves me correctly, you had a client who said the devil made him do it. You had no problem arguing that.Ellenor: Whats your point?Lindsay: My point is I think youre taking offense here as a Jew and not as a lawyer.Ellenor: And Im not allowed to do that?Lindsay: Well, there is that separation of church and state thing, remember?Ellenor: Yeah, but what I do as a lawyer isnt state action, Lindsay.Lindsay: Oh, please.Rebecca: Oh, I think we should change the subject.Bobby: Exactly why did you go to Rabbi Warner that night? Braun: Well, because I was in tremendousI guess, rage, and because I could think only of killing Ronald Martin.Bobby: Did you expect to change your mind?Braun: No. No. Thats not what it was about.Bobby: What was it about? Braun: I wanted to know if I was evil for wanting to kill Ronald Martin. I. I wanted to know if God would understand.Bobby: And how did Rabbi Warner respond?Braun: He said that God would understand.Bobby: Did he say anything else?Braun: He said that between Ronald Martin going free and Ronald Martin being dead, it was more moral for him to be dead.Eugene: Mrs. White, thanks for coming.White: Whats this all about?Eugene: This is gonna sound a little bit out there, but just the same.You know, David and Melanie, maybe it would be best for you two to wait outside at first and Ill call you back in later, okay?David: Okay.Melanie: Its gonna hit the fan in there now.David: Yeah, I know.Rebecca: How you feeling?Melanie: Oh, Im good as long as I sleep on my side, and he doesnt start kicking at night. I hate the heartburn. Some people say that means hes gonna be born with hair.David: You hope its just hair. We should have done that amnio thing.Melanie: So do you have kids?Rebecca: No.Braun: I got out of the car. I started walking toward him with the gun in my hand. Bobby: So you went there to kill him?Braun: Yeah, and I hoped I would. But, I also knew the reality of going through with it. And, as I approached him, I became less and less sure that I would.Bobby: Less sure? How?Braun: I kept expecting this impulse to suddenly.To suddenly tell me that I was about to do evil. I half expected something in my brain to say: Stop, this is wrong.Bobby: Did that impulse come?Bruan: No. And as I got to him, the sensation that I felt was that, this was right. Ronald Martin should be dead. And as I raised the gun and pointed it, I knew it more. My hand didnt shake. It was steady. When I pulled the trigger, I saw the blood shoot out from his neck. I.I aimed for his head, but I shot him in the neck, in the throat. And, I heard him choking. And I remember thinking this is godly, because this man had strangled my daughter. How fitting that he should choke. That seemed to be the most godly thing in all of this. And then I pulled the trigger again. I fired the gun and he was gone.Bobby: Do you regret killing Ronald Martin?Braun: I.I regret the pain I brought his family. I know their pain. But.I believe it is just for him to be dead. I. I do. I.I believe I owed it to my daughter to kill him. And I pray to God that she knows.White: Did you actually expect me to go along with this?Eugene: Mrs. White, I dont know you, and I have no expectations whatsoever. Im just saying that they say they love each other. They say they plan to be married one day. Im saying he has a better chance of staying out of jail if they get married now. White: Do you even see how despicable this is?Eugene: This may be in your daughters best interest. Ive spoken to a social worker, and all I ask is that you meet with her so that we can.Mrs. White? I have a son whos a few years younger than your daughter. I know. Now, meet with the social worker. If youre still against it, Ill respect that and back off. But your daughter wants to keep her baby. And this is more complicated than you know. I just ask you to meet with the social worker. Please?Bobby: You did great. But now is where it gets tough. Let me tell you a few things about Silverman: He stays still, almost motionless sometimes. Hell slowly move towards you. He wont shout, or thump his chest. He just moves in very slowly trying to intimidate you.Jimmy: They call him The Picker-off. Because he stands still, then he strikes.Bobby: You just speak from whats in there. Dont fall for word games. Dont try to make the jury think youre smarter than him. You dont have to be careful here. Everybody knows what you did, and were not hiding anything.Jimmy: Were back.Bobby: All right.Braun: Thanks, Bobby. Lets go.Bobby: I dont mean to be harsh with you, Danny. Danny: Understand.Bobby: I got a defense here.Danny: I understand you perfectly.Eugene: Shell be here any second. I just called their office again.White: Okay. Thank you.Melanie: There he goes again. Feel.White: Hes a little rascal, isnt he?Melanie: Yeah, that one kind of hurt. Mama? I really wanna keep my baby. I know that I can take care of him. I know I can.White: We talked about this before, Melanie. Youre 14 years old, you have school, and you have your life ahead of you.Melanie: Mommy. This is my baby.Cindy: Hi, are you Melanie?Judge: Mr. Silverman, you can begin.Silverman: You were aware of what you were doing when you killed Ronald Martin?Braun: Acutely.Silverman: And you felt God would understand your doing this?Braun: I wasnt sure. Thats why I went to my rabbi.Silverman: Is it your thinking that one may commit a premeditated murder so long as he gets a note from his rabbi?Braun: The jury heard my thinking, Mr. Silverman.Silverman: Is it your belief sitting here today in this courtroom that God would embrace your bloodletting?Braun: It is.Silverman: Would you care to offer authority for this position?Braun: Exodus: He who fatally strikes a man shall be put to death. Genesis: Whoever sheds the blood of a man by man shall his blood be shed.Silverman: Then according to Exodus and Genesis, should you now be put to death?Braun: I didnt take an innocent life. According to the Torah, Ronald Martin had forfeited his right to live by murdering an innocent person. I had a Jewish right to do what I did.Silverman: Jewish right?Braun: A Jewish right.Silverman: Ill assume youre aware of the Talmuds view on capital punishment?Braun: Ill assume youre aware that when Eichmann directed the murder of 6 million people, we kidnapped him, brought him to Jerusalem and hanged him. And then we cheered.Silverman: Eichmann was responsible for mass murder. Are you comparing Ronald Martin to Eichmann?Braun: Im suggesting that sometimes vengeance is right. And I wont let you stand up there, as a rabbi.Silverman: Move to strike.Braun: This is my day in court, Rabbi! Not yours!Judge: All right! Silence! Be quiet. The witness may finish.Braun: You come into this room, wearing your yarmulke to send a message to that jury that you condemn me as a Jew.Silverman: No, Dr. Braun. I condemn you as a murderer.Braun: But, Rabbi, youre in here as a Jew. Silverman: And youre testifying as a Jew that you had the right to commit a religious murder?Braun: Because to forgive a murderer is not the Jewish way.Silverman: You mean its not your way.Braun: When God confronted Cain after the murder of Abel, he didnt forgive him. He shouted out to him, Your brothers blood cries out to me from the ground. God shouted that.Silverman: And God shouted out to you?Braun: No. My daughter did! Her blood cried out to me. Her blood.Silverman: And thats the real truth, isnt it, Dr. Braun? When you raised that gun, you didnt hear Exodus or Genesis. You didnt hear the Talmud or the Torah. You didnt see God. You only saw your daughters blood. And thats the real truth.Cindy: This isnt just changing diapers or taking care of a baby. This is raising a child. Do you think you really know what that entails?Melanie: Probably not, but were ready to learn.Cindy: Forget the takes a village crap. The village is out of order. The child needs parents.David: Look, well do whatever we have to.Cindy: How long have you two been together?David: Will they arrest me again if I tell?Eugene: No.David: Almost two years.Cindy: Do you have a place of dwelling?David: Yes. I have a two-bedroom in Brighton. We plan to turn the extra room into a nursery.Cindy: How much money do you make?David: $660 a week. But Im supposed to be promoted to foreman in October, which takes me to $ 725. Plus, I get insurance for Melanie and the baby.Melanie: And Im not covered right now.Cindy: Do you work, maam?White: I work for a courier service.Cindy: And how much do you make?White: $490 a week.Bobby: Danny. Its 10:30.Danny: Couldnt sleep. Closing arguments?Bobby: Yeah.Danny: Look, Bobby.You and I go back to high school together.Bobby: I understand Gerald doing what
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