me up from work.
No problem.
Do me a favor, little brother.
Pull over up there. I
need to cash my paycheck.
You think it's still open?
It's kind of late.
Trust me, it's open.
Just pull over.
And wait in the car.
♪ So there's no reason
♪ That a man and another
man can't elope ♪
♪ But if you feel like I feel,
I got the antidote... ♪
♪ Hey, must be the money... ♪
♪ I met you
♪ I think I dreamed you
♪ Into life
♪ I knew I loved you
Just drive, man. Just go.
♪ Before I met you
What are you doing? Go fast.
♪ I have been waiting
all my life ♪
♪ Ooh
You okay?
Just drive, man.
Just drive.
[birds chirping]
Dad, these expire today.
It's fine, honey.
Come on.
I wouldn't feed
you spoiled meat.
Mom told me you used to cut mold
off food and eat around it.
Well, maybe when I was a kid.
And I turned out okay, didn't I?
[laughs]
[doorbell rings]
Kristen, the door!
[doorbell rings]
Afternoon, ma'am.
We're looking for George Brown.
I think you must have
the wrong house.
Nobody named George
Brown lives here.
George Brown?
Are you addressing me?
My name's James Grayson.
Yeah, I'm sure you're right, Mr.
Grayson.
Mix-ups happen all the time.
Could I trouble you
to come down to the local
police station with us
so we can clear this up?
I was barbecuing out back.
I mean, is this important?
Actually, we have
an arrest warrant
for George Brown
for a m*rder in Staten Island.
Thing is, all the authorities
involved think he lives here.
I think they think he's you.
Pretty sure you're gonna want to
come with us and clear this up.
Look, I-I don't know
what's going on,
but he's not George Brown.
He's Jim Grayson. James Grayson.
Ma'am, I'd like you to lower
your voice and back up.
Mr. Grayson, you have
a nice family here.
You live in a nice neighborhood.
Don't make me come back with
sirens and lights and...
Let's just clear this up.
Are you sure they know
we're just here
to file a motion?
We've been sitting
here over an hour.
Yeah, I've spoken to everybody.
They all know why we're here.
The next arraignment
is for George Brown.
The defendant doesn't have a lawyer.
Mr. Colón.
Would you be so kind
as to stand in for Mr.
Brown's arraignment?
I love the way they make it
sound like you have a choice.
[chuckles] Yeah.
I'd be, uh, happy
to, Your Honor.
Okay, uh...
any family members
here for George Brown?
I'm his wife.
I didn't know judges could
just assign lawyers like that.
Are you our lawyer now?
No. No, I'm just standing in
until your husband
gets his own attorney.
We only have a few minutes
to try to argue bail.
Is your husband employed?
If so, where?
Uh, what's your family life like?
Does he have any friends?
Yes. He owns a restaurant.
He's a devoted father.
We have three kids.
He's in a bowling league.
What else can I tell you?
We just need to establish that
he has roots in the community.
They want to make sure
he's not a flight risk.
So, the police
arrested your husband
after looking for this
m*rder*r for 18 years?
Mrs. Grayson, it doesn't seem
like the kind of thing
they would do baselessly.
I don't know what to tell you.
I haven't slept for two days.
I just want my husband
to come home.
Look, my kids just want
their dad to come home.
[mouths]
Are you my lawyer?
For the purpose of
this brief hearing.
How bad is it?
It's pretty bad.
You're being charged with
a count of felony m*rder.
You're looking at
25 years to life.
But all I did was drive a car.
Please state your name
for the court record.
George Brown.
JUDGE: How do you plead?
BENNY: Your Honor, we'd like
to enter a plea of not guilty.
George Brown is a family
man, father of three,
community volunteer,
small business owner,
and he employs seven
people in New Jersey.
PELUSO: Your Honor,
18 years ago,
George Brown was
the getaway driver
in a robbery at a Fast Cash
Express check cashing store.
His coconspirator
and older brother,
Richard Brown, held
up a 25-year-old man
by the name of Kirk
Getty at gunpoint.
He tied him up, gagged him,
and Mr. Getty
asphyxiated to death.
The older Mr. Brown stole $8,000
and fled the scene of the crime.
George Brown drove
the getaway vehicle.
Police arrested
Richard, or Rick,
a short while later.
He was captured on
tape calling George
to tell him where the
stolen money was hidden
and to take the money and flee.
And apparently started a
new life as Jim Grayson.
Did you know he had a brother?
No. No. No.
George Brown has been a
fugitive from justice
for 18 years, Your Honor.
His fingerprints,
lifted from the g*n
used in the robbery,
were in the system
and finally flagged in New
Jersey a few days ago.
He's clearly a flight risk.
And that is why we are
strenuously requesting
that the Court deny Mr.
Brown bail.
So ordered.
The defendant is
remanded into custody.
I'm so sorry.
So, what happens now?
Now you need to find a
good criminal lawyer,
someone who knows their
way around felony m*rder.
And where do we
find one of those?
When I get back to my office,
I'll e-mail you a few names.
And what about the two of you?
Have you ever defended someone
charged with felony m*rder?
Yes.
And did you win?
Yes.
So why don't we start with you.
After the fantastic job
we just did for you here?
Apparently, he's been
making them look like fools
for almost 20 years.
I don't think Johnnie Cochran
could have gotten him off.
We own a restaurant.
We can pay you.
Just meet with him.
Listen to his side of the story.
And then if it's not for you...
I'll give him ten minutes.
Thank you. Thank you so much.
This is my boss, Dr. Jason Bull.
Your wife wanted us
to meet with you,
hear your story, and
see if we might
want to be of help to you.
How's she doing?
About as well as can be expected
given that after ten
years of marriage,
she just found out she
doesn't really know you.
She doesn't know your real name.
You want to tell us
how you got here?
It's not much of a story.
I was 18 years old.
My older brother had a DUI,
so I was driving him
home from work.
He was a janitor.
2:00 to 10:00 at the mall.
He said he wanted to go to
this check cashing place.
Did you go inside? I think
I actually fell asleep
in the car waiting.
I had no idea he was planning
on robbing the place.
And what happened after that?
Right after? A lot of nothing.
Went about my life. I went
to school the next day.
Came home. He wasn't there.
Figured he was at work.
But then I went to pick him up,
and he never came to the car.
He was under arrest?
Turns out he had gagged
the guy behind the counter,
but couldn't tie the gag
with his gloves on,
so he took them off.
Once they had his prints,
it was all over.
And they picked him
up at the mall.
I, of course, knew none of this.
Finally, Rick calls me a
couple days later from jail.
Tells me where the money is.
Tells me to take it and run.
So, if all you did
was drive the car,
and if you didn't even
know what your brother did
when he was inside the
check cashing store,
why did he tell you to run?
Why didn't you go
to the authorities,
tell them your story?
Rick told me the public
defender told him
they were about to put out
a warrant for my arrest.
They were convinced we
were in it together.
Something called
a joint venture.
Ah. In which case,
even though you were
only the getaway driver,
in the eyes of the law,
you're as guilty as the
person who held the g*n.
And since someone died,
everyone's charged with m*rder.
Hmm.
So now you're on the run.
[exhales]
Moved around New England
for about a year.
Slept in bus stations.
Didn't talk to anyone.
And then I met a guy selling
dr*gs in the bus station
who told me he could get me
a dead person's Social
Security number for $350.
And Jim Grayson was born.
Stupid.
I went to renew
my liquor license
about a month ago.
They asked for my prints.
I didn't think a thing about it.
Pretty sure that's
what did me in.
BENNY: Mrs. Grayson?
So, that was an awfully
long ten minutes.
How's he doing?
[chuckles]
That's funny.
He asked the exact same
question about you.
My sense is that he is overcome
with regret and remorse,
and at the exact same time,
he is angry and bitter
because any logical
examination of the facts
suggests that...
he didn't really do anything.
You sound like
you're on his side.
You sound like you believe him.
I guess I do.
Does that mean you'd be
willing to represent him?
I guess it does.
♪
ADA Peluso. Thanks
for coming by.
Dr. Bull's expecting you.
Any excuse to get
out of the office.
So, I'm guessing we're all
here to talk plea deal?
Well, I can't speak for you,
but Dr. Bull and I are here
to talk about dismissal.
Dismissal? Well, it's
good to have a dream.
[chuckles]
Well, the joke's not lost on me,
but let's talk it
through for a second.
No matter how you slice it,
prosecuting that man is
still a moral conundrum.
After all, the primary function
of our criminal justice system
is to provide deterrence,
protect society,
punish people who commit crimes,
and rehabilitate criminals
once we have them in custody.
Now, hasn't all of that
already been accomplished
with regard to George Brown?
He's led a successful
and productive life
since the robbery.
He's not a danger to society.
And he has no intention
to commit another crime.
So... [chuckles]
What would be the point
of sending him to prison?
Dr. Bull, this trial isn't
an ethics symposium.
We can't just give someone a
"get out of jail free" card
for evading the law.
Come on, did you really think
I was gonna roll over
for you that easily?
He's an innocent man.
Maybe he is...
and maybe he isn't.
That is why we're
having a trial.
See you on the ice, gentlemen.
BULL: A man can't
be found guilty
of a m*rder simply because
it happened in his midst.
And he absolutely
can't be found guilty
of a m*rder in which
he took no part
and was not even aware.
BENNY: So that's our narrative?
We're gonna make the
government prove
that George knew
what was going on?
Yeah. To be held accountable
for a joint venture,
George had to have known
that his brother was gonna
commit armed robbery.
And he didn't know.
How in the world are
we gonna prove that?
We'll start by showing the
jury what kind of man he is.
And the key to that is his wife.
Chunk.
Let's get her in here.
What's important
is when she is sitting
in that courtroom,
that she sends the right
message to the jurors.
She loves this man.
She trusts this man.
This is a good man.
All right. I'll
do whatever I can
to get her in here today.
And what do we know
about how and from whom
he bought this fake
Social Security number?
Well, he says he met a
guy at a bus station.
Says his name was Joe,
and he sold cell
phones in Burlington,
which makes sense,
'cause to buy a cell phone,
you have to buy a plan;
To buy a plan, you have
to give the merchant
your Social Security number.
Well, at least you
did back then.
Any thoughts on voir dire?
The more I think about
it, the more I think
the answer lies in...
generativity.
Okay, I'm out.
Yeah, me, too.
Seven years of college
and I have no idea what
you're talking about.
Generativity is the concern for,
and belief in, the future.
And a commitment to the
idea that no matter
how bad things may be
at any given moment,
you can persevere and
redeem yourself.
Let me give you an example.
Marissa.
If you say so.
I mean it as a compliment.
It's an admirable
quality in a person.
So, tell me your life story.
Boil it down to what
you think's relevant.
I was adopted into a
wonderful family.
And meeting my birth parents
made me appreciate
different ways
my life could have ended up.
But I like the way it's gone.
I worked for Homeland Security.
I developed an algorithm to try
to help understand people,
which led me to you.
I have had a string of
interesting relationships.
Some good, one Kyle.
But none of them broke me,
and none of them
made me who I am.
You see?
Highly generative people,
they're driven to help others
for the betterment
of the future,
because they see the
arcs of their lives
as redemption stories.
And that's what we want.
Jurors, who no matter what
the prosecution presents,
will only see a man
who's changed,
making a good life out
of a bad circumstance.
BENNY: So tell me,
if you lost your job today,
where would you
be in five years?
I guess I'd try to find a similar
position somewhere else.
And if that didn't work, well,
I'd just try and
find another job.
I'd like to think I'm the
captain of my own destiny.
This juror is acceptable to
the defense, Your Honor.
MARISSA: This should
be interesting.
Harold King was essentially
homeless from the age of 13 on.
Grew up on the streets,
hustling for food and money.
Finally got a
legitimate job working
for a private
sanitation company.
Worked there for 22 years,
till he was suddenly
laid off last Christmas.
Six weeks later,
his wife left him.
It's a wonder he can
get out of bed.
Let me ask you a question, sir.
Would you trade your
life for anyone else's?
Not a chance in hell.
Everything I've been through
has made me who I am today.
I love that man.
"Mr. Palmer, you continue
to confuse the law
"with some kind of game show.
"It's not about
winning and losing.
It's about the search
for what is right."
A "D." Damn it. A "D"?
[scoffs]
[knocking on door]
Hi. I'm Kristen.
Jim's wife... uh, George's wife.
I-I just came straight
from the courthouse.
Dr. Bull wanted me to
do some witness prep?
Although, nobody's told me I
was going to be a witness.
Oh, hi.
I'm Chunk Palmer. It's
nice to meet you.
And no, you won't be
going on the stand.
Not in the immediate
future, at least.
Then what's the point?
We just want to make sure
that you're mindful,
that even when you're
sitting in the gallery,
that the jury is
still watching you.
No. I know.
It's important.
It's all important.
I actually went
to go see him last
night in jail.
Not a moment I ever imagined,
but I needed to know what
was true and what wasn't,
about everything
he's ever told me.
And he was honest about
everything that mattered.
I mentioned our
kids and he cried.
Do you have kids?
Yeah. One.
They're just... your everything.
And the shock of all of it,
knowing that their last names...
My last name... Is
made up, bought.
I got so mad.
And then he reminded me
that their first names...
those were ours.
Our first baby, Malone,
before she arrived,
we had no money.
And so for fun, we would go
to these minor league
baseball games.
And they cost, like,
two dollars a ticket.
And they had this
shortstop, Malone Jackson.
And Jimmy...
George loved him.
He loves everything
about baseball,
but he really loved him.
And so I loved him, too.
And when the baby came,
and she was a she,
we said "so what,"
and she became Malone.
That's her.
That's Malone. [sniffs]
And Ella and Richard.
They're with my mom right now.
They miss him so much.
This...
how you look and feel right now,
that's what we need
in the courtroom.
So, when you're sitting there,
and the prosecution
is making him out
to be anything but
the man you know,
remember this feeling.
It's gonna give you peace.
And it's gonna help the jury
see who George really is.
Ladies and gentleman
of the jury,
I am here to tell you
about an innocent man,
who endured difficult
circumstances
early in his life,
only to make something
of himself.
My client was born George Brown,
to parents Malone
and Ella Brown.
[gasps]
Both parents were k*lled
in a car accident
when George was only ten.
And his brother, Richard Brown,
raised him for the
next eight years.
Your wife suddenly
seems very upset. BENNY: George
Brown is a loving husband...
Marissa, is Chunk there?
BENNY: A devoted father...
Did he even prepare
Kristen at all?
She looks like she's
about to fall apart.
I don't know what to say.
I worked with the woman
for almost an hour.
Here it is online.
Malone and Ella Brown.
"Fatal collision kills parents
of two in Staten Island."
Wait a second.
Did you say Malone and Ella?
Those are his parents' names?
Those are the names
of their kids.
He lied to her again.
BENNY: The two boys didn't
have an easy time of it,
but nonetheless, they had
to do what they had to do,
in order to get on...
Face front.
You're only making things worse.
BENNY: The older
brother, Richard,
took a job as a janitor
at the local mall,
and George went about
completing his high
school education.
[door closes][sighs]
[knocking on door]
You okay?
My children are
named after parents
I never knew anything about,
and a brother-in-law
I never met.
Why would he do that?
That's not a lie he
needed to tell me,
and how many more
of those are there?
Well, lies are funny things.
I can tell you from
personal experience,
you convince yourself
there's only one lie
you need to tell
out of necessity.
And then the others...
the others just... happen.
It's all too much.
I know it seems that way,
but he needs you.
And tomorrow, the prosecution
is gonna begin to
present its case.
And if you're not
there, he has no one,
and the jury's gonna notice.
They certainly did
when you left.
PELUSO: So after executing
the search warrant on
the suspect's premises,
what did you find?
We found a g*n under a mattress
in what we determined to
be Rick Brown's bedroom
in the apartment that, uh, Rick
and George Brown lived in.
Stop looking for her. PELUSO: Were
you able to lift fingerprints...
All you're doing is calling
the jury's attention
to the fact that she's not here.
DETECTIVE: Yes. Two sets.
Did you determine who
they belonged to?
Rick Brown and the
defendant, George Brown.
[clears throat]
[exhales]
You sent the g*n
to the crime lab.
We certainly did.
And you got my
client's prints back.
We certainly did.
[quietly]: Tell Chunk
mission accomplished.
And thank you.
Now, just to be clear,
do these prints show you
when George Brown
touched the g*n?
No.
And do they reveal how
he handled the g*n?
I mean, I would think
there's one set
of prints you typically get
when someone uses a g*n
and perhaps a different
pattern of prints
when someone handles the g*n.
Uh, picks it up, uh, to move it.
Something like that.
I suppose that's true.
Well, it's either true
or it isn't, Detective.
Yes.
If someone used the g*n,
the location of the
prints would be different
than if somebody
handled the g*n.
BENNY: And would you say
that the pattern of his
prints is consistent
with someone who
had used the g*n?
No,
I would not.
BENNY: And you've
already testified
that the prints don't indicate
when my client might
have handled the g*n.
Isn't that correct?
Your Honor, counsel's
testifying.
Overruled.
Continue, Mr. Colón.
Yes, Your Honor.
So, to sum it up,
you have my client's prints
on a g*n that belonged to a man
that he had shared a home
with his entire life.
Not a surprise.
The prints don't prove
he used the g*n
or that it was in his possession
at any time in or
around the robbery.
Is that an accurate reflection
of your testimony, Detective?
Yes.
No further questions,
Your Honor.
How's the weather over there?
We still frozen out?
Actually, I'm starting
to feel a bit of a thaw.
We picked up one green juror.
I'll take it.
And I just had a thought.
See if you can get Benny and me
two visitors' passes
to Green Haven.
We'd like to sit down
with Rick Brown.
[lock buzzes]
Mr. Brown, my name's Dr.
Jason Bull.
This is
Benjamin Colón.
We're here on behalf of
your brother, George Brown.
On behalf of your brother
and his wife Kristen
and their three children,
your nieces and nephew.
He's a dad? He's a...
I'm an uncle?
[exhales] Uh...
Wh-Where is he? Is he okay?
He's on trial for the
m*rder of Kirk Getty.
My God.
BULL: We're trying to
help your brother.
Mr. Colón is his attorney,
and I'm what they call
a trial scientist.
Now, obviously, we
know George's version
of what happened that night.
But only you know
what went on inside the
check cashing shop.
RICK: What do you want to know?
I was-was all bundled up.
Big coat.
Scarves.
Ski gloves.
It was cold.
Plus... [stammers]
I knew there was a camera.
And you were armed?
I had a g*n.
And it wasn't loaded.
Plus, I-I was wearing gloves.
[stammers] You ever
try to hold a g*n
while you're wearing ski gloves?
BENNY: Wait a second.
Go back to the part where
the g*n wasn't loaded.
What about it? There was
no reason toload it.
I wasn't planning
on sh**ting it.
And why was that?
Because I wasn't planning
on k*lling Kirk.
He was my friend.
Well, if you didn't
plan on using the g*n
and Kirk was your friend,
what was your plan?
I was planning
on paying some bills.
I was planning on
being a good brother.
George started talking
about wanting to go
to cooking school
after he graduated.
And I met this guy at the mall.
He worked at the Sunglass Hut.
He ended up getting a job
at the check cashing place.
And he wanted to buy a
motorcycle, this guy.
[stammers]
We thought we were so
freakin' brilliant.
Wait a second. I'm...
I'm confused.
So, your friend, how did he die?
We knew that they had cameras.
We knew we had to put on a show.
I came in there, waved
the g*n around,
I tied him up, put a
gag in his mouth.
And then I don't
know what happened.
By the time I was done,
you know, they to... they told
me they think he panicked.
He threw up, choked
on his own vomit.
Tell me about George.
You tell me about George.
Did he have any idea
what was going on?
Not a clue. He was just...
He was my ride. That's all.
Period.
You want to make this right?
What do you mean? How?
Testify on his behalf.
I'd love to.
But who's gonna believe me?
[chuckles]
You let us worry about that.
[gavel bangs]
Your brother said to say hello.
Rick?
H-How is he? Is he okay?
As okay as you can be in prison.
He feels terrible
about everything that's
happening to you.
He wants to help.
So...
the court officer
just informed me
that the judge wants to have
a meeting in his chambers.
[sighs]
PELUSO: Yes,
I am asking to call
a surprise witness.
But it's as much a surprise to
me as it is to you, Your Honor.
We just put this piece of the
puzzle together yesterday.
BENNY: Your Honor, what may
or may not have happened
three years after the crime
that my client is on trial for
is completely irrelevant.
I disagree. It is the very
definition of relevance.
It's a subsequent bad act.
Your client used his stolen
identity to commit larceny
in the state of New Hampshire.
He bought $10,000 worth of
electronics at a Best Buy
with a fraudulently
acquired credit card
and never paid it off.
Well, maybe he did,
maybe he didn't.
Let's not forget none of
this has been proven. But,
as Mr. Colón pointed out,
how would credit card theft
illuminate for the jury
whether or not Mr. Brown
was party to a m*rder?
Well, for one, it might
very well suggest
a pattern of lawlessness that
the jury could find compelling
as they try to wrestle with
the key question here,
which is, how much did Mr.
Brown actually know
about what he was
doing that night?
Really, Your Honor? The
possibility that my client
may have bought a TV and DVD
player and never paid for it
somehow makes him a more
plausible coconspirator
to m*rder?
Are you lecturing me, sir?
[sarcastically]: Of
course not, Your Honor.
I'm going to allow the witness.
But I'm calling
a recess for today
to allow both sides
to prepare. PELUSO: Thank you
for allowing the witness.
And thank you for the time to prepare.
BENNY: Yes.
Thank you for the
time to prepare.
You're all very welcome.
[sighs] Even if we do put
his brother on the stand,
he's right. Who's
gonna believe him?
BENNY: It's a tough
story to buy into.
"My friend and I planned
"this robbery together.
"He just happened to die.
And, oh,
"uh, by the way, my
brother had no idea
what we were up to"? Not
to pour salt in the wound,
but the two green jurors that
we still have, they're soft.
Based on my focus group work,
it's not gonna take
much to turn them red.
[knocking]
I don't want to hear it!
I've had enough bad
news for one day.
Too damn bad. I'm coming in.
Wow, look at all
the happy faces.
[Bull sighs]
You come up with something
to refute the charges
that George committed
credit card fraud?
Although, for the life of me,
I still don't see what
that has to do with this.
Cable's working on it.
I've been watching the closed
circuit security tapes
of the robbery that came
over with the prosecution's
latest batch of
discovery materials.
Can I show you guys something?
There's no sound.
Just picture. So you got
to watch carefully.
Okay, see what George's brother
does after everything is done?
He's got the money.
Now, based on the time
stamp, we know that,
by this time, the
alarm is going off.
So he's got to be concerned
that the cops are on their way.
Watch him.
He starts to head out,
and then he comes back.
BENNY: Looks like he's
saying something.
He's realizing
something's wrong.
DANNY: See?
BULL: He's realizing
his friend is dead.
DANNY: When's the last time
you heard about a robber
stopping mid-getaway to
check his victim's pulse?
BENNY: So you think if
we show this to a jury
after we put Rick on the
stand, they'll believe
that Kirk's death
was accidental?
CABLE: Yes!
I think George has an alibi.
Well, what do you mean?
Okay, on the day
of the purchase,
he was nowhere near
New Hampshire.
He was working as a dishwasher
in a restaurant he now owns.
I just finished reaching out
to his old boss, the man
he bought the restaurant from.
He has time cards
and eyewitnesses.
There is no way he
could have done it.
What do you think?
It's good.
I just wish it was
a little more.
And I wish with all my heart
it proved he had no idea
what his brother and best
friend were up to that night.
Well, actually, there
is a little bit more.
I tracked down the
Best Buy receipts
and located all the serial
numbers and identifiers
associated with the
purchased items,
which were actually
laptops, by the way.
Then I did a search for those.
And after all this time,
I actually found one
on an archived
online auction site.
I did a little hacking
and tracked down the
seller's IP address.
And it turns out
it belongs to an Emory Cochburn,
who, by the way, is in
prison for insurance fraud.
Which means...?
DANNY: Which means
whoever sold the stolen Social
Security number to George
sold it at least one more time.
Looks that way.
Nice work, Cable.
I just wish
it cleared George of the crime
we were hired to
defend him from.
George Brown stole the
Social Security number
of the deceased, Jim Grayson,
to establish a new identity.
He then opened a credit card
at a Best Buy in
Manchester, New Hampshire,
and used that card to purchase
$10,000 worth of electronics
that he had no intention
of ever paying for.
PELUSO: Thank you,
Officer Lyden.
Officer Lyden, thank you.
Thank you for taking
the time and coming
to talk to us today.
My pleasure.
Let me ask you something.
Do you have any actual proof
that the man sitting before you
here today is the same man
who fraudulently applied
for a credit card
and bought these electronics?
Of course. It's the same name,
same Social Security number.
What else do you need?
And what if I told you
that this Jim Grayson,
also known as George Brown,
was in Glen Rock, New Jersey,
hundreds of miles away at
the time of the purchase,
and that someone else had bought
the same stolen Social
Security number
and committed the theft that you
are attributing to my client?
Well, I would say that sounds
like a pretty convenient story.
Your Honor, we'd
like to offer proof
of my client's alibi
in the form of time cards
and eyewitness accounts
from Mr. Brown's
place of employment
at the date in question.
MARISSA: It may not be the slam
dunk we need... not yet...
But these jurors are
starting to warm up.
I can feel it.
The jury hasn't heard
enough to acquit,
or even force a mistrial,
but they're listening
to us again.
They think we have
something to say,
and I'll take that any time.
Tell Cable thanks for
all the hard work.
I just kept thinking
about what you told us
the older brother said.
That this whole thing was
really an inside job.
That no one was supposed
to lose their lives.
That these guys knew each other.
And then I kept thinking
about what yousaid.
That Rick can testify to it,
but who's gonna believe him?
How do you prove it?
Yeah? So?
So I woke up and watched
the tape again.
I mean, the idea of it
actually woke me up.
Only this time, I watched
it with that in mind.
And I think I found something.
See that?
See what?
Kirk, the friend, he
puts his hands up
before Rick pulls out his g*n.
You want proof it was an
inside job, there it is.
You want to prove that
they knew each other,
there it is.
You want to prove that no one
was supposed to die that night?
Picture's worth a
thousand words.
If we can prove it's an inside
job with the cooperation
of an employee of the store,
technically, there's
no armed robbery,
which negates the felony
m*rder charge, which means...
George is actually innocent.
[sighs]
Well, what'd you get?
The mother lode, pretty much.
Although I think I did promise
to marry the guy who got
them for me.Excellent.
Who doesn't love a good wedding?
So you're looking at call logs
between Kirk's pager
and Rick's phone,
Rick's pager and Kirk's phone,
and calls between both men's
phones starting in late 1999.
Then it jumps to ten
exchanges per day
during the week of the robbery.
Ah. Great.
Um, go home, get some sleep.
What is your relationship
to the defendant?
He's my younger brother.
And what was your relationship
to the clerk who died
in the robbery...
Kirk Getty?
[sighs] I worked in the
mall as a custodian.
Kirk sold sunglasses.
We met one night.
We hit it off.
We realized, uh, we
had a lot in common.
So,
I mean, at what point did
the two of you decide
to stage a robbery together?
Objection. Leading.
My apologies, Your Honor.
Let me word it a different way.
Uh... uh, whose idea was it
to rob a check cashing place?
Well, it actually started
out with Kirk. He...
You know, he wanted to
buy this motorcycle.
Uh, but truthfully,
within 90 seconds,
we were planning it together.
Because he worked there, he
knew all the important stuff,
like combination to the safe
and what day and time to show up
when there would be
the most cash there.
It really seemed like
it was gonna be easy.
And-and what about your
brother, George Brown?
Was he in on the planning?
No. George would never
do something like that.
All he was doing that night
was picking me up from work.
He didn't know why I wanted
to stop by the check
cashing place.
All he wanted was to get home.
So you never planned
on k*lling anyone?
Of course not. There were
no b*ll*ts in the g*n.
It was all
for the security camera.
With that in mind, we'd
like to enter into evidence
the security camera
footage from that night,
with a particular emphasis
on the time code numbers
indicated on the paperwork.
You can clearly see the
victim with his hands up,
even before the witness
exposes his w*apon.
A clear indication
that he knew exactly
what was going to
happen that night.
As well as another time code,
which clearly shows the
witness delaying his exit
out of the store,
so he could check on the
condition of his friend
once he realized that he was
in some form of distress.
Additionally, we'd like to enter
into evidence phone records
that clearly indicate
the prior relationship
between the witness
and the victim.
[gavel bangs]
JUDGE: Order in the
court, please.
Let's quiet down.
Let's quiet down.
No further questions for
this witness, Your Honor.
Marissa, we just hit them with
all the firepower we've got.
Tell me it made a difference.
You want the good
news or the bad news?
All your generative
jurors finally woke up
and have gone green.
Bad news is, there's
only six of them.
The other six aren't
quite there yet.
Mr. Peluso, your witness.
Uh, in light of all
this new information,
if it pleases the
Court, I was hoping
I could request a brief recess?
This court will take
a 20-minute recess.
What do you think that means?
I don't know. Maybe
he's a smoker.
Maybe he's got a small bladder.
Maybe he wants to
borrow some money.
I'll be right back.
It's a great system, isn't it?
You go into it thinking, "I
know what's going on here.
"I know what's right.
I know where this
is gonna end up."
And then...
It's just a great system.
I think it's, like,
seven-five, or five-seven.
Or maybe it's split
down the middle.
What do you think? I think
he's an innocent man.
I think you know it. I
think they feel it.
Thing is, you're not gonna get
'em all, and neither am I,
which means you're
staring at a mistrial,
which means you
steal another year
of this guy's life
while he sits in jail
waiting for his
second day in court.
And his kids keep growing,
and his wife keeps wondering
why she suddenly became
a single parent.
And he's forced to
close his business
and let his employees go.
And like I said when we first
met, what's the point?
He's not a criminal.
He never was.
You really want me to go in
there and ask for a dismissal?
I have people I
have to answer to.
This is not an easy
conversation to have.
Yeah, but the conversation
you want to have
isn't happening today, so why
not get this one over with?
In fact, why don't you
call 'em right now?
Mr. Assistant District Attorney,
you're not a stupid man.
You know you're not getting a
conviction against George Brown.
Not today, not ever.
And that's with me and my team
having about a week to prepare.
You put my client through
another year of this hell,
and I promise you I will
spend every day of that year
getting ready for the new trial.
And when we meet again, you
won't know what hit you.
Now I'm gonna go back inside
while you make up your mind.
Surprise me.
Your Honor?
It's a great system, isn't it?
You go into a trial thinking,
"I know what's going on here.
"I know what's right.
I know where this
is gonna end up."
And then the system humbles you.
You realize you hadn't
considered all the facts,
that your thinking may
have been flawed.
And that incarcerating someone
who almost certainly had no idea
what was going on in a
building 35 feet away
while he sat in a
car makes no sense.
I believe that's the case here.
And with that in mind, the
district attorney's office
would like to enter a motion
to dismiss all charges
against George Brown.
[gavel bangs twice]
JUDGE: This court will accept
the prosecution's motion.
The defendant is free to go.
And we thank the jury
for its service.
Thank you.
I know we've never met before.
But my name is George.
My last name is Brown.
And you'd make me the
happiest man in the world
if you'd marry me and make
that your last name, too.
You know, I think those
two have a future
together.
Wait a second.
Are those tears? You crying,
you big old softie?
Excuse me. I believe
you're mistaken.
These are not tears.
Wasn't it Tom Hanks
who famously said,
"There's no tears
in trial science"?
No. I believe he was
talking about chocolates.
No reference to trial
science.Whatever.