Bull (2016) s04e19 Episode Script

1 on the court tell a different story.
You're listening to Strictly Legal Talk, a professional legal podcast.
Excuse me, Judge Duggan? Tony.
Come in.
Listen, I know you're new, but everyone around here calls me Madison.
Yes, ma'am.
I didn't mean to disturb you, but the jury's in the box.
Please introduce yourself to Her Honor and the members of the jury.
My name is Debra Jansen, and I'm a registered nurse.
Did you and the defendant, Dr.
Stanley Ferris, perform an assisted suicide? Yes.
We did.
And could you please describe the circumstances? The patient was a 72-year-old male.
He was suffering from diabetes and heart disease.
Didn't have long to live, but obviously, in a tremendous amount of pain and discomfort.
We went to his home.
I administered four milligrams of ondansetron.
It's a tablet.
We give it to prevent nausea, vomiting.
Once he'd gotten that down, Dr.
Ferris mixed ten grams of secobarbital with apple juice.
About 30 minutes later, the patient stopped breathing.
Thank you.
I have nothing further, Your Honor.
Any questions from the defense? Let me ask you a question, Ms.
Jansen.
The deceased was suffering, wasn't he? Very much so.
Yes.
And he asked to be euthanized, didn't he? Yes.
Of course.
Now the reason you're here today, the reason we're all here today is that the A.
D.
A.
cut you a deal in exchange for your testimony, isn't that right? She promised not to prosecute me for being a part of it if I testified.
- Yes.
- Thank you.
I have nothing further.
Okay.
Let's take a brief recess.
Ms.
Boyd, I'd like to see you and the witness in my chambers.
I noticed there are federal agents in the gallery.
Ms.
Boyd, when you promised not to prosecute Ms.
Jansen, did you reach out to your federal counterparts and make sure the promise would bind the United States Attorney's Office, as well? No, Your Honor.
So you made a deal with this witness, but you didn't get the Feds to sign off on it? Those FBI agents grab you, you are looking at ten years.
Ten years? So, wait.
They're-they're here to arrest me? I never would have agreed to testify if I had known that could happen.
You made a critical error.
You should have dialed in the Feds before you promised her immunity.
Okay.
Wait a second.
Let's figure this out.
Maybe if you could let her stay in here, she could call her lawyer? All of us together we can work this out.
You're not going to work anything out.
They are here to do a job, and they're gonna do it.
The second she walks back into that courtroom, they are gonna take her into custody, whether she's called a lawyer or not.
Oh, my God.
I have kids.
I Why don't you return to the courtroom? Give us a moment.
All rise! Oh, no, no, stop.
Sorry for the delay, everyone.
Agents, can you please take your seats? I'd like to resume trial.
Of course.
We'll leave in just a second, but we need to speak to the witness who just testified.
- The nurse.
- I think you may have just missed her.
Missed her? I believe she had another matter to attend to.
Your Honor, let me be clear.
We came here to arrest her.
I don't know what to tell you.
You understand what this looks like? You called Ms.
Jansen into your chambers immediately after she confesses to illegal drug distribution.
Now she's gone? Again I don't know what to tell you.
If you feel you have lawful authority to arrest someone, then you should do so.
You just need to do it in a way that doesn't intimidate witnesses, or cause a disruption in my courtroom.
Understood? Oh, I completely understand, Your Honor.
But do you understand that in intentionally allowing Ms.
Jansen to evade arrest, you just committed a federal crime? Need you to step down from the bench and put your hands behind your back.
And I need you to leave my courtroom.
I have a trial to attend to.
Court officer? Seriously? I'm asking you one last time.
Step off the bench.
Judge Duggan, you're being charged with obstruction of justice and aiding and abetting an escape.
- You have the right to remain silent - Save your breath.
I know the song.
I can recite the lyrics by heart.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, one will be provided for you.
Wow.
A judge with half a million Twitter followers.
Well, I'm guessing she's a bleeding heart? The kind that sends defendants home with a slap on the wrist? Well, that is not exactly the way that I would describe her.
A defendant was convicted of a drunk driving hit-and-run.
She ordered him to spend a week living at the morgue.
Eating, sleeping.
All of it, surrounded by lifeless, mangled victims of car accidents.
A week at the morgue? I think I'd rather go to prison.
She sentenced another defendant, a slumlord, to live in one of his rat-infested properties for six months.
Oh.
So she's one of those.
And apparently, it is effective.
Judge Duggan's defendants have the lowest recidivism rates in the city an average of 17%.
Sounds like there's a method to her madness.
Oh.
That's her.
She's in the lobby.
I appreciate you seeing me on such short notice.
I know you're both very busy.
Happy to be of help.
First, I know what people are saying about me.
They think I have some sort of agenda, both political and personal.
Well, you were elected to the bench.
People assume you have your sights set on bigger and better things.
The prosecutor is alleging you used your platform as a judge to raise your profile, make a political statement.
The prosecutor's wrong.
This isn't about self-promotion or assisted suicide.
In fact, I don't even have an opinion on assisted suicide.
Then, why'd you do it? You, of all people, know the jeopardy you're facing.
Could cost you 25 years in prison, your seat on the bench, your license to practice.
I know it's gonna sound like something from a bumper sticker, but I did it to protect the sanctity of the courtroom, the sovereignty of judges, the-the business of providing justice.
Forgive me, but I'm not sure I follow.
I'm responsible for what happens in my courtroom.
I can't have people who would otherwise testify worry that if they do, some other arm of law is gonna be waiting for them in the lobby because they owe back taxes, or they have an outstanding parking ticket, or who knows what.
So you let her exit through the judge's lobby to the private elevator, and slip out the back door of the courthouse? I gave her time to consult with an attorney, so she could arrange to turn herself in and avoid arrest.
And did she? I don't know.
I'm worried she fled.
But that's not the point.
And what is? Court has to be a safe space, a sacred space.
Otherwise, no one will participate.
Criminals will walk free, the crime rate will rise.
So will you help me? Will you represent me? Please? Well, when you put it like that.
Good morning.
I understand the defense has filed a motion to dismiss.
That is correct, Your Honor.
Hmm.
I'll hear you.
Although, I confess, my clerk has already informed me of your position.
Apparently, your client was twittering about it all morning.
Apparently, she's quite the media sensation.
It's tweeting, not twittering.
Argue your motion, Mr.
Colón.
Of course, Your Honor.
It is the defendant's contention that pursuant to Rule 12 of the Federal Rules of Criminal Procedure that the indictment must be dismissed.
My client is being criminally prosecuted for doing exactly what she was sworn to do exercise judicial discretion, protect the integrity of her courtroom, and - ensure that justice is served.
- Does that mean you stipulate that your client allowed someone to evade arrest? - He's admitting his client did it.
- I am admitting nothing of the kind.
She allowed a witness to seek counsel.
Mr.
Olsen, does the United States have a response? It's our position that Ms.
Duggan Excuse me.
It's Judge Duggan.
- The woman is still a judge.
- I don't care what they call me.
That's not the point.
We need to set a certain tone.
Ms.
Duggan is under suspension.
Judge Duggan is on administrative leave until the case is resolved.
And she should be given the respect that she deserves.
Gentlemen since neither of you has appeared in my courtroom before, let me set a few ground rules for you.
I run a tight ship.
No one speaks out of turn, and if I want you to elaborate on anything, I will let you know.
Got it? Of course, Your Honor.
Yes, Your Honor.
Continue please, Mr.
Olsen.
The defendant's decision to ignore a federal arrest warrant appears to have been a publicity stunt orchestrated by a media-savvy jurist, hoping to eventually seek higher elected office.
We simply cannot allow obstructing the work of federal law enforcement to be taken lightly.
The defendant must be held accountable for her actions.
I must say, I agree with the prosecution.
I'm not going to endorse a rogue judge's behavior.
The defendant's motion to dismiss is denied.
Case will be decided by a jury.
Clearly, this is gonna be an uphill battle.
One more thing.
Yes, Your Honor? I'm issuing a gag order.
Respectfully, I don't believe that's necessary, Your Honor.
Objection noted and overruled.
There will be no twittering or Facebooking or any other form of commentary during the pendency of this case.
Have I made myself clear? Yes, Your Honor.
Sorry, Bull.
Try as I might, I just could not make it go away.
Don't beat yourself up too much.
I realize now there was no way on earth that judge was gonna let our judge off without a trial.
Hmm.
Have you read about our client? She sure does get some press.
She had this one case once, a residential burglary.
Victim was juggling two jobs at once.
Husband was dying, and she's caring for him.
It's a huge burden for her to get to the court during normal hours.
So Judge Duggan decided she was gonna hold court at night.
Every component of the system complained.
Courthouse didn't want to keep the lights on.
The jail didn't want to transport the prisoner after hours.
But our client dug in and made it happen.
That's nice.
I think it's more than nice.
I think it's indicative of someone who's committed to the idea that justice should exist for everyone; it shouldn't be compromised because it might be inconvenient for the system.
I think she genuinely believes in these things.
I believe she honestly thought that the nurse's reward for being willing to testify shouldn't be getting arrested by another agency.
So, how do you want to play this? Who would be on your ideal jury? Well, here's an abstract idea.
Sometimes you have to skirt the law in order to maintain its integrity.
- You've got that right.
- Our client Judge Duggan she's guided by the spirit of the law rather than the letter of it.
So we want people who can see the big picture.
Exactly.
We need to deselect narrow-minded thinkers and embrace people who are at least willing to explore the possibility that, while at first glance something may appear precise and definite, it may be open to interpretation, have a deeper meaning.
Good morning.
So, let me ask you a question.
If I say "Statue of Liberty," what does that make you think of? I don't know.
Liberty? Freedom? I don't know.
That answer could cut either way.
Could be viewed as either literal or abstract.
Or, really, just obvious.
Kelly Wallace.
61 years old.
Teaches physics at Columbia University.
Well, physicists are analytical but also very creative.
Physics itself is practical but can also be very theoretical.
Okay.
Liberty, freedom.
Anything else? Hope.
Ah, hope.
Now, there's the abstract thinker we're looking for.
Your Honor, this juror is acceptable to the defense.
So, miss, let me ask you a question.
Now, this case makes reference to assisted suicide, and I'm reading on your questionnaire here that you are a nun.
Do you think that you can be fair and impartial? Well suicide is a mortal sin.
It's an act against the will of God.
I'm not sure what else I can tell you.
Thank you for your candor.
Your Honor, we move to exclude this juror for cause.
Request is denied.
- Excuse me? - Request is denied.
There is no cause.
That's absurd.
This witness just answered she considers suicide any kind of suicide a mortal sin.
I'd advise you to sit down.
Counsel, want to take control of your client? What more cause do you need? Take your seat.
Let Benny do his job.
But this case isn't about suicide, it's about you.
Letting someone out the back door to avoid being arrested.
That someone who just assisted in an act of suicide.
How can you not see the prejudicial effect that that might have on this juror? - Did you not hear me? - Of course I did.
The questions is, did you hear me? Please let us handle this.
This is my final warning.
Take your seat.
Your lawyer may exercise one of his six preemptory challenges on this jury if he so chooses.
That's not the point.
We shouldn't have to use one of our six preemptory challenges when this juror is clearly biased.
This is the last time I'm gonna say it.
Take your seat and shut your mouth.
Fine.
I will take my seat and I will shut my mouth, but I promise you, tomorrow morning I am filing charges with the Judicial Board of Review, and citing your your infantile behavior and your willful disregard for my rights! You were warned.
I'm finding you in contempt of court.
Marshal, take her into custody.
Thank you for bailing me out.
I know I should have exercised better judgment with regards to my behavior, but I hope you can both appreciate that I am right on the issues, on the principles involved.
I want desperately to believe that you're not really that naive.
Huh, wow, Dr.
Bull.
Tell me what you really think.
Do you realize what you've done? The self-inflicted damage that you've caused by pulling that stunt? You want to go to prison? No.
Of course not.
You have to understand it didn't help your cause for the jury to see you ushered out of the courtroom in handcuffs like that.
That alone is a huge setback for us.
I don't disagree.
But they also saw a person stand up for herself and really Oh, come on.
Look, I respect that you're a person of principle.
That's why I took you on as a client.
But You completely destroyed our narrative in there.
We are trying to convince the jury that you let a woman escape federal custody because you believe in the sanctity of the courtroom.
Well, insulting a federal judge doesn't exactly demonstrate a belief in the sanctity of the courtroom.
You get that, right? This is me.
Okay.
Tomorrow, let's try something different.
You play the part of the defendant, we'll play the part of your legal team, and we'll let the judge be the judge.
What do you say? I'll certainly try my best.
That would be appreciated.
Agent Mercier, could you describe what happened when you went into the defendant's courtroom to effect - a lawful arrest? - Well, the defendant came out of her chambers and essentially admitted that she purposely aided in the nurse's escape.
Wow.
And what were the repercussions of that? Well, the most significant was we lost our suspect.
The nurse, Ms.
Jansen.
And do we have any idea where she is right now? We're not certain, but we believe she fled to Canada.
And I assume the Bureau has made attempts to locate her? Several.
I have nothing further.
How red is it? It is as red as red can be.
Agent Mercier, thank you for testifying here today.
Now would it be fair to say that you, a federal agent, entered my client's courtroom, a New York State courtroom, for the sole purpose of arresting a witness? Yes.
We've made no secret about that fact.
That's precisely what we were there to do.
And you don't think there's anything amiss in that? Course not.
As you well know, assisting in an act of suicide is a federal crime.
Once we heard that the nurse was going to testify, once we realized that she was probably going to confess on the stand, we felt we had no choice but to be there and take her into custody.
Really? Agent Mercier, are you familiar with the Tenth Amendment to the Constitution? "The powers" not delegated to the United States "by the Constitution, "nor prohibited by it to the States, "are reserved to the States respectively, or to the people.
" You know what that means? Well, it means that federal law enforcement are not allowed to recklessly interfere with the functions of state court.
Objection.
Agent Mercier isn't on trial.
And it isn't Mr.
Colón's job to lecture us on the Constitution.
I was getting to the question, Your Honor.
- Then ask it, please.
- Yes, sir.
Now, you are a federal law enforcement agent, sir.
Sworn to uphold the Constitution.
Now, wouldn't you agree that state court judges have a solemn duty to protect witnesses and victims in their courtrooms? A duty guaranteed by the Tenth Amendment? Well, I'm not a constitutional scholar, sir, but yes, that sounds about right.
And would it surprise you to know that the trial that you interrupted was declared a mistrial and cost the taxpayers a lot of money? No, I didn't know that.
Sounds to me like you're the one who violated the law and obstructed justice.
Maybe you're the one who should be sitting at the defense table, and Judge Duggan should be the key witness against you.
Not the other way around.
No further questions, Your Honor.
Thank you, Mr.
Colón.
Nice job, sir.
All part of the service.
Well, this seems good a place as any to stop for lunch, so court will resume in an hour.
All right.
It's, uh, an updated witness list.
Debra Jansen? The nurse? They found her? I'm sensing this is not good for the home team.
Nurse Jansen, please tell us how you came to be a fugitive from justice.
Well, I was in Judge Duggan's courtroom testifying, and I guess these two FBI agents came in.
I didn't really notice at the time.
But when I was done testifying, the judge had me come back to her office.
That's when she told me she was pretty sure they were there to arrest me.
Anyway, I asked the judge.
I told her I wanted to call a lawyer, get some help.
And did you do that? The judge wouldn't let me.
She said there was no time for phone calls.
So it was the defendant's idea for you to flee? Yes.
She told me I should just run, as far as I could, as fast as I could.
That is not what happened.
Lower your voice.
So, that's what you did? She was the judge.
I did what I was told.
Grabbed my kids, jumped in my car and drove to Quebec.
Your witness.
So, evading the law that's something you decided to do on your own.
She told me to run, and I did.
"Run"? You sure that's the word she used? - I'm sure.
- Hmm.
You sure she didn't say, "Go to some place safe and call a lawyer "and come up with a plan, "so that when federal agents do eventually come and arrest you, you've got your ducks in a row"? She told me to run.
All right.
Let's review.
So, you escaped prosecution in the assisted suicide case by flipping on the doctor.
Do I have that right? I was subpoenaed to testify against him.
So I did.
And now you're trying to curry favor with the Feds by turning on the one person who was trying to help you.
I'm just trying to tell the truth.
Oh, no.
You are trying to save yourself from prison.
Objection.
Sustained.
Ask a question.
You cut a deal with the Feds, didn't you? I entered into a plea agreement with the prosecutor.
Right, right.
And part of that agreement required for you to testify against the one person who was looking out for you, the one person who advised you to get a lawyer first and then surrender to authorities, the one person whose only intent in all this was to help you.
I don't know what her intent was.
But she sure seemed happy to be sticking it to the FBI agents.
Oh, come on.
You don't know that.
Sure, I do.
When the A.
D.
A.
left and I was alone with Judge Duggan, she called the Feds "feebs.
" She said, "Those feebs, "they think they're God, but they're not.
In this courtroom, I'm God.
" She's lying.
I would never say such a thing.
I believe you.
Unfortunately, my vote doesn't count.
Judge Duggan, since the start of this trial, people have been sitting in the chair you're sitting in right now and they've painted a pretty damning picture of you.
So here's my question.
Is any of what Nurse Jansen said true? Did you intentionally obstruct justice? Were you flexing your power and your muscle and sending a message? Or is Ms.
Jansen simply lying? Well, whether or not someone is lying is for the jury to decide.
But I remember it quite differently.
I admit I let Ms.
Jansen leave out the back door.
But I promise you it wasn't out of spite or because I have some sort of god complex.
Well, then help us understand why you did it.
I did it to protect the integrity of the process.
You have to understand this is it for me.
The law is my life.
I eat, sleep and breathe it.
I'm not married.
I don't have any children.
I don't even have any hobbies.
The courtroom is my home.
The people who pass through here are my guests.
And the people who work there are my family.
From the time I was a child, all I ever wanted to be was a judge.
Other kids had astronauts or sports stars as their heroes.
I had a big poster of Justice Thurgood Marshall - above my bed.
- Mm.
I believe in the justice system.
I revere it.
But I also know how fragile it is.
You tell people they have something to fear by testifying, they will stop testifying.
And if that happens, in my opinion, that is the end of a civilized society.
Marissa, please tell me this is making a difference.
Well, we just got our first green.
So, just to be clear, why exactly did you allow Nurse Jansen to leave via the back door in the courthouse when you knew federal agents were waiting in your courtroom to arrest her? So she could get an attorney.
So she could have someone on her side when she surrendered to the authorities.
She came into my courtroom thinking she was safe.
She made a deal with the A.
D.
A.
that she would testify in return for her promise that she wouldn't be prosecuted.
Unfortunately, the district attorney failed to run the deal by the Feds, so they felt they were under no obligation to abide by it.
And you felt that was unfair? I felt the state prosecutor put her and me in a terrible position.
When she found out the Feds were there to arrest her, she was crying.
She was worried about her children.
So you never instructed her to flee the country? That would make me an accessory to a federal crime.
I took an oath to uphold the law, not violate it.
Thank you.
That's all I have, Your Honor.
So, let me be certain that I understand.
You just testified that you're totally committed to the law, that your sole interest, your only interest, is the pursuit of justice.
Is that correct? - Yes.
- So, in a sense, the work that you do tweeting out your messages about the court system, advising a witness in your courtroom to seek counsel before she can be arrested that's all altruistic? I mean, there's nothing in it for you.
Y-You're not seeking notoriety or fame, - are you? - No.
If fame or notoriety is a by-product of getting people excited about the judicial system, then so be it.
But, no, it is not my goal.
You're just a humble, honest down-to-earth state court judge.
I like to think so.
Yes.
Well, thank you for your honesty.
Nothing further.
What in the world was that about? Well, whatever it was, it didn't work.
It just keeps getting greener and greener in here.
Anything else from either side? Um, not at this time, Your Honor.
The defense rests.
Your Honor, if the defense is done with their presentation, the government would like to call a rebuttal witness.
Of course you would.
Please tell us your name and occupation.
My name is Jake Monroe.
I'm in the entertainment business.
Uh, artist representative.
Talent agent.
So you represent TV stars? Actors and actresses? Well, the vast majority of my business is in what's called nonfiction television.
- Uh, reality television.
- I see.
And are you familiar with the defendant? Uh, I am.
She and I actually had a number of discussions about the possibility of her getting into television.
Is this true? You have an agent? How did we not know this? No.
I've never had an agent.
He invited me to lunch.
Twice.
That's it.
I'm confused.
Why would a state judge need a talent agent? She was elected to office.
She has a job.
Well, courtroom shows are a very lucrative, uh, staple of daytime television.
I read about Judge Duggan in the papers, uh, started to follow her Twitter account.
And I've genuinely come to believe that she could be the next Judge Judy.
Excuse me, Judge who? Judge Judy.
Very successful.
But she's starting to age out of the job.
It's hard not to imagine that someone like Judge Duggan, or someone like her, is a potential successor.
So you think she could be a television judge? I do.
I mean, look at her.
She's beautiful, charismatic.
She's positioned herself well.
She already has a following.
You're talking about all the-the tweeting, posting, social media.
Objection, Your Honor.
Counsel is leading the witness.
- Sustained.
- That's fine.
I have nothing further, Your Honor.
Did Taylor see anything about this on social media? Taylor looked through every post, tweet, blog and hashtag With a fine-tooth comb, and there's nothing about an agent, nothing about television.
Did you actually sign any kind of agreement - with this guy? - No.
Of course not.
He told me he wanted to make me a star.
I laughed and picked his brain about social media.
Are you ready to cross-examine, Counselor? Yes, I am, Your Honor.
Mr.
Monroe, yes or no question: did my client sign a contract with you? Uh, on paper, no.
But we had an understanding, which is a fairly typical way of doing things in the entertainment business.
And when the two of you first met, who initiated the meeting? Did she call you, or did you call her? Uh, I initiated.
I called her.
So this was all about an idea you had.
Point of fact, my client never authorized you to seek any television opportunities on her behalf.
Isn't that true? No, I don't believe it is.
Look, I do this for a living.
Yes, she was playing hard to get.
She never actually said, "Go do this for me.
" But we had lunch twice.
And you don't come back a second time unless you heard something you liked the first time.
We have lost all but one of our greens.
Come on, Benny.
You admit my client has no agreement in place with you? Verbal or written.
Yes or no? - No, we have no agreement.
- And the fact is, while you may be looking for a television opportunity for her, none of it is being done at her behest true? True.
Maybe she was saying what she meant.
Maybe she wasn't interested in you or TV.
Objection.
Counsel is testifying.
- Ask a question.
- Okay.
All right.
Here's a question.
What's your motive here? This all about sour grapes? Because if you believe in Judge Duggan, if you believe, like I do, that her passion for the law, her sense of integrity, her ability to communicate what makes our system of justice so special is in fact what makes her special, then what are you hoping to accomplish by coming in here and casting aspersions against her? You know, if this jury finds her guilty, not only will she be done as a judge, but you won't be able to sell her to television.
After all, who wants a judge that's been found guilty of obstructing justice? Everybody.
I mean, this woman is on the cusp of being a folk hero.
She helped a regular citizen escape the clutches of the FBI.
This is America.
We look up to people with a touch of badass in them.
And, if I'm being completely honest, she's an easier sell if she loses this thing than if she wins.
That's just the truth.
Tell me they know better.
Tell me they can see through his cynicism.
They know better.
They can see through his cynicism.
Mr.
Colón, do you have anything else for this witness? Nothing I can say in court, Your Honor.
Will the defendant please rise? Madam Foreperson, have you reached a verdict? We have, Your Honor.
We, the jury, find the defendant guilty on all counts.
Your Honor, the United States moves for sentencing.
Put sentencing over to next week.
- Why? We're just delaying the inevitable.
- Not necessarily.
She's right.
It's over, Bull.
I asked you to do something.
Is the defense ready for sentencing? No, Your Honor.
We'd like a few days so I can prepare my arguments, and my client can get her affairs in order.
You can respect the process, and still not agree with the outcome.
And I don't.
So here are my two cents.
I think you're exactly the kind of judge we need on the bench.
I mean it.
You're smart and fair.
You treat everyone with respect.
And you seem determined to breathe life into an otherwise stodgy institution.
Not to mention you make people actually want to be here.
You have any idea what a feat that is? So I'm not giving up.
There's got to be some common ground.
You're both judges.
And you're both stubborn.
You're both committed to your work.
It doesn't matter.
He has it in for me.
Let's not forget he locked me up for contempt.
Because you violated his rules.
That's right.
You spoke out of turn, and Judge Hollingsworth did something about it.
He exercised his judicial discretion.
And when you stop and think about it, he believes in judicial sovereignty, which is kind of another way of saying he believes in the sanctity of the courtroom.
Does that remind you of anyone? Are both parties prepared to make their arguments on sentencing? Actually, we'd like to call a witness, Your Honor.
We'd like to call James Wheeler.
Objection.
We haven't been given notice.
This is the first we've heard of this witness.
Well, as counsel well knows, the rules of discovery don't apply in sentencing hearings.
No notice is required.
I agree.
Let's hear from Mr.
Wheeler.
I'm gonna get right to it, Mr.
Wheeler.
You are no stranger to the criminal justice system, are you? No, I'm sorry to say I'm not.
You have been convicted of a crime, haven't you? Yes.
When I was a teenager, I-I was a member of a gang, and I we got into trouble, yes.
Five years ago, did you rob a liquor store? I did.
Four of us went in, and one of the guys had a gun.
And you stood watch while he demanded money.
Yes, I did.
And were you prosecuted for the robbery? We all were.
And everyone got sent to prison, ex-except me.
- And why is that? - Your Honor, we all know where this is going.
I'd like to hear from the witness.
Continue.
I don't know.
I think the judge saw something in me, thought I-I could do something with my life.
Anyway, I got sentenced to probation.
And what's happened since then? Well, I finished my probation.
Haven't gotten in trouble since.
You finish high school? Got my GED, and now I'm in college, studying to be a computer programmer.
And I-I also help out my little brother.
He's graduating high school next year.
So the judge saw something special in you, gave you a break, and now you are a productive member of society.
I-I like to think so, yeah.
Mr.
Wheeler, could you please look around the courtroom and identify that judge for us? Uh he's sitting right here.
Judge Hollingsworth Thank you.
I-I know it's been a while.
I guess you don't remember me.
But I remember you.
And I'll never forget what you did for me.
Objection.
That is a touching story, but the witness has no relevance to the sentencing of this defendant.
I'm sorry, I disagree.
It's completely relevant, Your Honor.
You know, there's a striking similarity between what you did for Mr.
Wheeler and what Judge Duggan was trying to do for Nurse Jansen.
Now, Nurse Jansen was led to believe that what she was doing, testifying, was the right thing to do.
Not a trap, but a solemn duty.
And even though it might not have hewed to the letter of the law, Judge Duggan could not allow her to be arrested without benefit of counsel.
Hauled off in handcuffs in front of jurors and members of the general public sitting in the gallery.
No.
In her judicial wisdom, she realized there had to be another way.
One that didn't compromise her courtroom, but also didn't shortchange or undercut the authority of the federal agents charged with bringing her in.
Don't you see, Judge Hollingsworth? You did the same thing in Mr.
Wheeler's case.
You ignored the federal sentencing guidelines, and instead, looked to the purpose behind them.
Which is to promote public safety and the good of our society.
I mean, isn't that one of the reasons why we have judges? To bring their human wisdom and judgment to bear? Thank you, Mr.
Colón.
Mr.
Olsen, do you have any evidence to present on sentencing? No, Your Honor.
I would simply ask that you sentence the defendant to serve 48 months in prison.
Mr.
Colón, I'll hear your recommendation.
Actually, Your Honor, I'm not making any recommendations.
I'm asking you to exercise your sovereignty and discretion one more time.
You have the power to right this wrong.
You can issue a judgment of acquittal.
You want me to set aside the jury's verdict and enter a finding of not guilty? I do.
It's highly unusual.
Unusual, but not unwarranted.
Judge Duggan is a principled jurist, and so are you.
No legitimate purpose will be served by branding her a felon and sending her to prison.
Judge Duggan, please rise.
I've made my ruling.
I don't condone what you did, but I respect your reasoning.
And I'm-I'm going to adopt Mr.
Colón's request and issue a judgment for acquittal.
Your Honor Do not speak, Mr.
Olsen, or I will hold you in contempt.
I hereby set aside the jury's verdict, and I find you not guilty.
Court is in recess.
Hey.
- Ah.
- Look at her.
She looks like a kid who just found out she doesn't have to change schools, clean out her locker - and leave her friends after all.
- Mm.
Of course, it's not quite over.
She's still got to go before the Committee on Judicial Conduct.
I'm gonna see if they'll let me testify on her behalf.
You were right about her, Bull.
- You were right about all of it.
- Yeah.
Well, what can I say? She loves court, trials and juries.
Guess it takes one to know one.
Want to get out of here? Lead the way, sir.