1
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Previously on Proven Innocent...

2
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Did you know
about this whole Adderall ring?

3
00:00:04,397 --> 00:00:06,473
Yeah. Just let it go.

4
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An innocent East Cleve man,

5
00:00:07,942 --> 00:00:09,142
Davon Watkins,

6
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is on death row for murdering a cop.

7
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Never tried
a death penalty case before.

8
00:00:12,664 --> 00:00:15,482
I will grant Davon Watkins
a stay of execution.

9
00:00:15,630 --> 00:00:17,121
But what does that mean, really?

10
00:00:17,204 --> 00:00:18,646
We didn't get you out just yet,

11
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but keeping you alive means we can.

12
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- Thank you.
- And we'll keep tabs on you, Davon.

13
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If you need anything,

14
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we're just a phone call away.

15
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Hi, Mom. How are you?

16
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I just called to tell you
that I'm bisexual

17
00:00:30,058 --> 00:00:31,558
and I'm dating a woman.

18
00:00:44,711 --> 00:00:46,142
Someone there?

19
00:00:47,707 --> 00:00:49,047
Hello?

20
00:01:19,069 --> 00:01:21,381
My whole family can't wait to meet you.

21
00:01:22,069 --> 00:01:23,508
Especially my mom.

22
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Yeah, I told her.

23
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You okay?

24
00:01:28,030 --> 00:01:30,163
I'm just a little on edge.

25
00:01:32,327 --> 00:01:33,689
It's gonna be fine.

26
00:01:33,764 --> 00:01:36,717
This week has got to be
the longest week of my life.

27
00:01:36,794 --> 00:01:38,844
What's the first thing
you want to do when you get out?

28
00:01:39,709 --> 00:01:40,917
What are we eating first?

29
00:01:40,994 --> 00:01:42,344
No, stop. You're gonna jinx it.

30
00:01:42,420 --> 00:01:43,702
Not a chance.

31
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You haven't been written
up in five years.

32
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You took a leadership role
in the kitchen.

33
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You have amazing, intelligent,
charming character witnesses,

34
00:01:50,881 --> 00:01:53,108
- like me.
- You forgot "overconfident,"

35
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"long-winded"...

36
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and "incredibly sexy."

37
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You think I'm a sexy character witness?

38
00:01:59,213 --> 00:02:01,092
Oh, yes, definitely.

39
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It's gonna go great.

40
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Okay.

41
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Hi.

42
00:02:20,235 --> 00:02:21,269
May I help you?

43
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I'm Sophia Hernandez.

44
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This is my husband Eduardo.

45
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We're looking for Madeline Scott.

46
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Do you have an appointment?

47
00:02:27,462 --> 00:02:29,540
No, no.

48
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Madeline Scott,

49
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this is Sophia and Eduardo Hernandez.

50
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- Mucho gusto.
- Mucho gusto, seņor.

51
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Ms. Scott, it's an honor.

52
00:02:41,659 --> 00:02:43,495
We know everything about your case,

53
00:02:43,532 --> 00:02:45,389
about how you wrote
to all those lawyers.

54
00:02:45,479 --> 00:02:47,683
- It was remarkable.
- Thank you.

55
00:02:47,720 --> 00:02:50,197
Our son Daniel is remarkable, too.

56
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He has been locked up for 25 years.

57
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They said he raped and murdered a girl.

58
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He's innocent,

59
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and he's got the DNA to prove it.

60
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After my court-appointed lawyer
screwed up my case,

61
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I, uh, spent about five years
feeling sorry for myself.

62
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And then decided, hell,
I'll just do it on my own.

63
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So I got my bachelor's degree,

64
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read everything
about the law that I could.

65
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Even took the LSATs.

66
00:03:16,759 --> 00:03:18,164
Sounds familiar.

67
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You were convicted of the rape

68
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and murder of Janet Dale.

69
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It's not true. None of it.

70
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I never even met her.

71
00:03:25,040 --> 00:03:27,696
But you were found in the same
bedroom as her dead body.

72
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At the Phi Kappa Delta fraternity.

73
00:03:30,407 --> 00:03:32,205
So, tell us what happened that night.

74
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This guy I knew, Eddie DuBar,
he invited me.

75
00:03:35,655 --> 00:03:36,928
I was still in high school.

76
00:03:37,047 --> 00:03:38,556
Me and my buddies, we, um...

77
00:03:38,617 --> 00:03:40,277
we got into all the frat parties
'cause...

78
00:03:40,859 --> 00:03:42,273
well, we had the best weed.

79
00:03:42,389 --> 00:03:44,072
Look, I'm not gonna lie. I...

80
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I got totally wasted.

81
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Passed out behind some bed.

82
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The next morning, the cops wake me up,

83
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and there's Janet's body, half-naked.

84
00:03:52,851 --> 00:03:54,458
And the police arrested you right away?

85
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Right on the spot.

86
00:03:56,421 --> 00:03:57,628
But I swear

87
00:03:57,963 --> 00:03:59,704
I didn't rape or murder anyone.

88
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I knew I had to test the DNA
they found inside Janet Dale.

89
00:04:02,992 --> 00:04:04,544
There's no way that that matches me.

90
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And I was right.

91
00:04:06,459 --> 00:04:08,576
So the rape kit doesn't match your DNA?

92
00:04:08,661 --> 00:04:10,078
Not even close.

93
00:04:10,839 --> 00:04:13,657
That should be enough
to turn over my conviction?

94
00:04:14,132 --> 00:04:15,688
No rape, no murder.

95
00:04:15,725 --> 00:04:17,210
It's as solid a case as we've seen.

96
00:04:17,247 --> 00:04:18,656
Yeah, you did great.

97
00:04:18,838 --> 00:04:20,683
Now you have
two wrongful conviction lawyers

98
00:04:20,720 --> 00:04:22,386
to help take it over the finish line.

99
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There are about a million ways
to wind up in prison

100
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but only four ways to get out.

101
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You serve your sentence,
you get paroled,

102
00:04:49,491 --> 00:04:52,374
you leave in a body bag,
or... our personal favorite...

103
00:04:52,646 --> 00:04:54,018
you get exonerated.

104
00:04:54,233 --> 00:04:55,686
For the wrongfully convicted,

105
00:04:55,706 --> 00:04:57,354
a good lawyer is a necessity,

106
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and it can make
all the difference in the world.

107
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But, represented or not,

108
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a prisoner's last resort... is hope.

109
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Hope... that there's a way out.

110
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This is amazing.

111
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From now on, let's only take cases

112
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where the client's already done
all the work for us.

113
00:05:17,366 --> 00:05:18,726
And what would you do
with your free time?

114
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Learn to knit.

115
00:05:19,674 --> 00:05:20,838
Now, Daniel's conviction

116
00:05:20,875 --> 00:05:22,723
was based solely
on circumstantial evidence.

117
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Right. No injuries consistent
with a struggle

118
00:05:25,156 --> 00:05:27,226
and no eyewitnesses
to the rape or murder.

119
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And the best part? We drew
an ace with our assignment.

120
00:05:29,864 --> 00:05:31,740
Judge Elijah Fry
will hear our petition.

121
00:05:31,858 --> 00:05:33,419
- Nice.
- What am I missing?

122
00:05:33,456 --> 00:05:35,468
Elijah Fry is the greatest
legal mind of our era.

123
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The Cardozo of Chicago.

124
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He also happens to be
Easy's mentor, teacher,

125
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guide, and inspiration,

126
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all rolled into one.

127
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The man made me the lawyer I am today.

128
00:05:44,980 --> 00:05:47,213
He taught me that truth,
justice and honesty

129
00:05:47,250 --> 00:05:48,734
are more important than anything else.

130
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Cool. So we got an in.

131
00:05:50,117 --> 00:05:51,789
Guys, we have a problem.

132
00:05:51,944 --> 00:05:53,705
Amina, what's going on? Is Davon okay?

133
00:05:53,805 --> 00:05:55,281
He's back on death row.

134
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I was in Madison when I heard.

135
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I drove here straightaway.

136
00:05:58,545 --> 00:05:59,745
I don't understand. What happened?

137
00:05:59,781 --> 00:06:01,072
The State of Ohio is saying

138
00:06:01,109 --> 00:06:02,596
that any death row inmate

139
00:06:02,633 --> 00:06:04,497
without an actual
pending appeal will be

140
00:06:04,534 --> 00:06:06,053
put to death as soon as possible.

141
00:06:06,249 --> 00:06:07,442
Why?

142
00:06:07,516 --> 00:06:09,525
Ohio's death drugs are about to expire.

143
00:06:09,600 --> 00:06:11,417
So instead of delaying
the death penalties,

144
00:06:11,454 --> 00:06:13,015
they're speeding up the ones they can.

145
00:06:13,066 --> 00:06:15,603
They are rushing the executions
so they can use

146
00:06:15,640 --> 00:06:17,406
the drugs they do have
before they expire.

147
00:06:17,443 --> 00:06:19,302
Same thing happened in
Arkansas a few years ago.

148
00:06:19,339 --> 00:06:20,414
In Ohio,

149
00:06:20,451 --> 00:06:22,875
16 of 127 men on death row

150
00:06:22,912 --> 00:06:26,035
have had their execution dates
moved up. Davon's one of them.

151
00:06:26,248 --> 00:06:28,445
Davon is different. He has a stay.

152
00:06:28,507 --> 00:06:31,547
The Ohio Court of Appeals
vacated Davon's stay,

153
00:06:31,584 --> 00:06:33,117
in support of the legislature.

154
00:06:33,178 --> 00:06:34,724
We're gonna fight this.

155
00:06:35,080 --> 00:06:36,896
Will you excuse us?

156
00:06:38,334 --> 00:06:40,033
- I have to go to Ohio.
- Look, I know.

157
00:06:40,115 --> 00:06:42,218
I'll take the Daniel Hernandez
case. Shouldn't take long.

158
00:06:42,466 --> 00:06:44,041
- I'll see you right after.
- Yeah.

159
00:06:44,131 --> 00:06:45,743
Good to see you, Mr. Boudreau.

160
00:06:45,780 --> 00:06:47,105
Always a pleasure, Your Honor.

161
00:06:47,142 --> 00:06:50,162
Counsel, Mr. Boudreau was
a student of mine in law school.

162
00:06:50,240 --> 00:06:51,865
That was many years ago.

163
00:06:51,934 --> 00:06:53,801
I assume the State has no objection.

164
00:06:53,882 --> 00:06:55,045
Of course not, Judge.

165
00:06:55,082 --> 00:06:57,351
I also gather,
from petitioner's papers,

166
00:06:57,388 --> 00:07:01,849
there's a serious problem with
Mr., uh, Mr. Hernandez's DNA.

167
00:07:01,958 --> 00:07:03,256
The DNA from the semen

168
00:07:03,293 --> 00:07:05,194
recovered from the
victim's body is not his.

169
00:07:05,285 --> 00:07:06,835
I thought this was a murder case.

170
00:07:06,953 --> 00:07:08,061
It is, Your Honor.

171
00:07:08,125 --> 00:07:09,646
Murder, with an associated rape charge.

172
00:07:09,701 --> 00:07:11,211
Your Honor, the State requests 90 days

173
00:07:11,248 --> 00:07:12,312
to perform its own tests.

174
00:07:12,349 --> 00:07:13,967
No. I don't see any need
for further tests.

175
00:07:14,010 --> 00:07:15,724
I'm prepared to rule now.

176
00:07:15,819 --> 00:07:18,920
Petitioner's DNA being the sole
evidence in the State's case

177
00:07:18,957 --> 00:07:21,492
in support of the rape charge,
this court grants

178
00:07:21,529 --> 00:07:24,302
petitioner's motion to dismiss
count one of the indictment

179
00:07:24,339 --> 00:07:26,852
and vacates said rape conviction.

180
00:07:30,857 --> 00:07:32,781
Counsel, was there something else?

181
00:07:32,818 --> 00:07:34,045
The murder conviction, Judge.

182
00:07:34,082 --> 00:07:36,680
Oh, yes, of course.
Well, the murder charge stands.

183
00:07:38,990 --> 00:07:41,762
All due respect, Judge,
the two charges are inseparable.

184
00:07:41,930 --> 00:07:43,422
My client didn't rape Ms. Dale,

185
00:07:43,459 --> 00:07:44,947
he also didn't murder her.

186
00:07:45,041 --> 00:07:46,443
Can't have one without the other.

187
00:07:46,543 --> 00:07:47,834
Of course you can.

188
00:07:47,936 --> 00:07:49,867
The DNA has zero bearing on the murder.

189
00:07:49,904 --> 00:07:52,529
Your Honor, Illinois case law
clearly holds the opposite:

190
00:07:52,716 --> 00:07:56,468
"The inextricability of rape and
murder counts almost inevitably

191
00:07:56,505 --> 00:07:58,466
requires the dismissal of both."

192
00:07:58,611 --> 00:08:01,052
The key word being "almost."

193
00:08:01,162 --> 00:08:04,642
That's enough, Ezekiel,
you have my ruling.

194
00:08:08,279 --> 00:08:10,778
I've never heard of separating
two charges out like that.

195
00:08:11,138 --> 00:08:13,068
So what now? We file an appeal?

196
00:08:13,105 --> 00:08:15,315
Judge Fry is brilliant and respected.

197
00:08:15,480 --> 00:08:18,484
He's been overruled exactly
twice in 32 years on the bench.

198
00:08:18,521 --> 00:08:20,365
- But he's wrong.
- I know that.

199
00:08:20,402 --> 00:08:22,342
We just have to prove it.

200
00:08:24,139 --> 00:08:26,107
Come on, let's go.

201
00:08:39,130 --> 00:08:42,161
Three days ago, the guards
grabbed me from gen pop

202
00:08:42,198 --> 00:08:43,697
and threw me back on death row.

203
00:08:43,958 --> 00:08:45,858
They didn't tell me why
or what was happening.

204
00:08:45,895 --> 00:08:47,975
They-they treat Davon terribly.

205
00:08:48,012 --> 00:08:49,218
It's better now, Grandma.

206
00:08:49,255 --> 00:08:50,912
Maybe 'cause they know
I'm gonna be dead soon.

207
00:08:50,949 --> 00:08:52,162
You need to stop saying that.

208
00:08:52,240 --> 00:08:54,366
We have a favorable ruling
from a judge, Davon,

209
00:08:54,403 --> 00:08:55,836
and a sworn affidavit

210
00:08:55,873 --> 00:08:57,748
from the actual killer
of Officer Sampson.

211
00:08:57,818 --> 00:08:59,265
My Ohio lawyers said

212
00:08:59,302 --> 00:09:01,524
they couldn't find anybody
to back up Omar's confession.

213
00:09:01,642 --> 00:09:02,802
They just didn't have enough time.

214
00:09:02,867 --> 00:09:04,475
Time is the one thing I don't have.

215
00:09:04,512 --> 00:09:07,107
We have shown the courts
that you didn't kill anyone.

216
00:09:07,232 --> 00:09:08,531
We just need to convince them.

217
00:09:08,607 --> 00:09:10,240
And we have seven days to do it.

218
00:09:10,306 --> 00:09:13,223
The good Lord took seven days
to work his miracle.

219
00:09:13,413 --> 00:09:15,505
Well, now it's your turn, Ms. Scott.

220
00:09:18,959 --> 00:09:20,600
- What have we got?
- So...

221
00:09:20,637 --> 00:09:22,172
all we have is the
signed murder confession

222
00:09:22,209 --> 00:09:23,471
- by Omar Blackwell.
- Right,

223
00:09:23,518 --> 00:09:25,235
but Omar is dead,
and no judge will accept

224
00:09:25,272 --> 00:09:26,488
his affidavit on its own.

225
00:09:26,548 --> 00:09:28,323
We also know that
the gang leader, Troy D,

226
00:09:28,403 --> 00:09:29,903
ordered Omar to kill Officer Sampson.

227
00:09:30,130 --> 00:09:33,121
Troy D, the gang leader
and respected businessman.

228
00:09:33,158 --> 00:09:35,670
- Excuse me?
- Troy D has a legit front.

229
00:09:35,709 --> 00:09:38,230
He uses his drug money
to fund investments.

230
00:09:38,267 --> 00:09:39,636
He literally creates jobs.

231
00:09:39,656 --> 00:09:41,431
Okay, so Troy D is the type of man

232
00:09:41,468 --> 00:09:43,314
who can kill snitch Omar
in prison and then, what,

233
00:09:43,351 --> 00:09:44,668
still join the country club?

234
00:09:44,775 --> 00:09:46,385
He owns the country club.

235
00:09:46,587 --> 00:09:49,454
He's the most powerful man
in East Cleveland.

236
00:09:49,491 --> 00:09:50,556
No one can touch him.

237
00:09:50,593 --> 00:09:53,201
Well, no one can stop
us from saving Davon.

238
00:09:53,486 --> 00:09:54,910
Not even Troy D.

239
00:09:55,369 --> 00:09:58,103
Officer Sampson's death wasn't
a random drive-by shooting.

240
00:09:58,173 --> 00:10:00,540
It was a calculated hit by Troy D.

241
00:10:00,634 --> 00:10:02,493
How do you prove that in court?

242
00:10:05,093 --> 00:10:06,691
"Fraternity Threatened with Closure"

243
00:10:06,728 --> 00:10:07,837
"after Death in Dorm."

244
00:10:07,892 --> 00:10:09,464
I can't believe they weren't shut down

245
00:10:09,501 --> 00:10:12,002
after this girl was found dead
in their frat house.

246
00:10:12,184 --> 00:10:13,664
You know, somewhere
in this mess is probably

247
00:10:13,700 --> 00:10:15,090
a picture of our killer.

248
00:10:16,135 --> 00:10:19,400
Here's Bob Callaway, chapter president.

249
00:10:21,087 --> 00:10:22,346
And...

250
00:10:22,423 --> 00:10:25,603
entertainment director Eddie DuBar,

251
00:10:25,822 --> 00:10:28,113
aka Smokey the Dope.

252
00:10:28,150 --> 00:10:29,730
DuBar. This is the guy
who invited Daniel

253
00:10:29,767 --> 00:10:31,150
to the party that night.

254
00:10:31,243 --> 00:10:32,972
How are we gonna track
all these bros down?

255
00:10:33,009 --> 00:10:35,447
We don't. They're all gonna be
in the same place.

256
00:10:35,697 --> 00:10:37,152
The Hutton Club.

257
00:10:37,189 --> 00:10:38,938
"Booster for the Brothers" night.

258
00:10:39,158 --> 00:10:40,829
Ah, fraternity fund-raiser.

259
00:10:40,954 --> 00:10:43,236
These Phi Kapp boys
are all grown up now,

260
00:10:43,282 --> 00:10:45,626
and they include a lot of movers
and shakers in this town.

261
00:10:45,958 --> 00:10:49,057
CEOs, bankers, judges, congressmen.

262
00:10:49,714 --> 00:10:51,222
Let's crash this party.

263
00:11:08,336 --> 00:11:10,701
Hmm. There he is.

264
00:11:11,189 --> 00:11:14,704
Ed DuBar, Phi Kapp Class of '96
at Sheridan U.

265
00:11:14,750 --> 00:11:16,259
Boswell Quick III.

266
00:11:16,332 --> 00:11:18,837
Phi Kapp Class of 2000, Boise State.

267
00:11:18,883 --> 00:11:19,970
This is Easy.

268
00:11:20,023 --> 00:11:21,650
He's my drug dealer.

269
00:11:21,736 --> 00:11:22,824
I hear all you boys

270
00:11:22,861 --> 00:11:24,626
invite drug dealers to these shindigs.

271
00:11:24,789 --> 00:11:26,126
Yeah, like Daniel Hernandez.

272
00:11:26,173 --> 00:11:27,478
PKD shot of the night?

273
00:11:27,515 --> 00:11:28,519
Oh, go ahead.

274
00:11:28,556 --> 00:11:30,072
You could probably use a drink.

275
00:11:35,345 --> 00:11:36,714
Great legs on that one, huh?

276
00:11:39,540 --> 00:11:41,303
Okay, sure, I remember Daniel.

277
00:11:41,515 --> 00:11:44,019
Drug dealer who killed
that smoking hot Theta virgin.

278
00:11:44,138 --> 00:11:45,596
Janet Dale.

279
00:11:45,990 --> 00:11:48,251
Janet. Man, that was a bad scene.

280
00:11:48,288 --> 00:11:51,038
It was a bad scene for a lot of
people, especially Janet Dale.

281
00:11:51,304 --> 00:11:53,228
- Eddie.
- Bob, hey.

282
00:11:53,265 --> 00:11:55,686
We were just, uh,
talking about Janet Dale.

283
00:11:55,768 --> 00:11:59,293
Oh. That poor girl. What a tragedy.

284
00:11:59,457 --> 00:12:00,647
You seem real distraught

285
00:12:00,684 --> 00:12:01,853
about it, Brother Callaway.

286
00:12:01,898 --> 00:12:04,043
- Have we met?
- Well, not officially, but...

287
00:12:04,184 --> 00:12:06,707
people still talk about
the Great Boof King of Sheridan.

288
00:12:06,744 --> 00:12:08,465
I mean, that's something to aspire
to, isn't it?

289
00:12:08,502 --> 00:12:09,715
Mm.

290
00:12:09,955 --> 00:12:11,301
This is a private event.

291
00:12:11,371 --> 00:12:14,035
No, understood. But we represent
Daniel Hernandez,

292
00:12:14,106 --> 00:12:16,559
falsely accused of the rape
and murder of Janet Dale.

293
00:12:16,596 --> 00:12:18,129
If you have a legal issue,

294
00:12:18,215 --> 00:12:19,936
then please go through
the proper channels.

295
00:12:19,973 --> 00:12:21,264
Don't make me call security.

296
00:12:21,301 --> 00:12:24,318
No need. We'll see ourselves out.

297
00:12:27,875 --> 00:12:30,193
Look, I got an idea.
I'm gonna call my friend at ATF

298
00:12:30,230 --> 00:12:33,200
and have them run the DNA from
Daniel's case through CODIS,

299
00:12:33,237 --> 00:12:34,357
see if they come up with anything.

300
00:12:34,405 --> 00:12:36,269
The federal database?
That's a long shot.

301
00:12:36,326 --> 00:12:38,449
People like this usually
don't end up in CODIS.

302
00:12:38,614 --> 00:12:40,129
These jerkwads might.

303
00:12:40,219 --> 00:12:43,011
They doth protest too much,
especially that Eddie DuBar guy.

304
00:12:44,488 --> 00:12:46,308
If it may please the court,
Madeline Scott,

305
00:12:46,345 --> 00:12:47,357
- for the petitioner.
- Ms. Scott,

306
00:12:47,394 --> 00:12:49,207
I've heard every 14th
Amendment argument

307
00:12:49,244 --> 00:12:51,119
on the books today, denied them all.

308
00:12:51,156 --> 00:12:52,746
Do you have anything new
to add to the mix?

309
00:12:52,816 --> 00:12:54,988
Davon Watkins's position is unique:

310
00:12:55,113 --> 00:12:58,504
he isn't seeking a stay of
execution, he already has one.

311
00:12:58,564 --> 00:13:00,653
We're simply asking
that the court uphold it.

312
00:13:00,690 --> 00:13:03,662
Officer Sampson was
killed by Omar Blackwell.

313
00:13:03,699 --> 00:13:07,098
He was ordered to do so by Troy
Dalton, a known drug dealer.

314
00:13:07,135 --> 00:13:08,455
We have this affidavit that clearly...

315
00:13:08,491 --> 00:13:09,895
I'm familiar with the facts,

316
00:13:09,932 --> 00:13:12,240
and your stay was
conditioned upon the finding

317
00:13:12,277 --> 00:13:14,535
of new evidence in support
of your client's innocence.

318
00:13:14,572 --> 00:13:16,980
- Your Honor, moving forward...
- There is no new evidence here.

319
00:13:17,098 --> 00:13:18,264
Petition denied.

320
00:13:22,207 --> 00:13:23,528
Next on the docket,

321
00:13:23,565 --> 00:13:24,823
State v. Alexander Corwin.

322
00:13:26,418 --> 00:13:27,740
This matter from Cuyahoga County...

323
00:13:27,777 --> 00:13:29,434
- I'm not giving up.
- Neither am I.

324
00:13:29,471 --> 00:13:31,411
- What's next?
- We take down Troy D.

325
00:13:31,448 --> 00:13:32,709
There's no breaking down that door.

326
00:13:32,746 --> 00:13:34,168
Then we break down a different door.

327
00:13:34,229 --> 00:13:35,645
Meaning?

328
00:13:35,682 --> 00:13:37,403
Troy D ordered the hit on Sampson

329
00:13:37,440 --> 00:13:38,576
because his cover was blown.

330
00:13:38,613 --> 00:13:40,043
That's the only way
this all makes sense.

331
00:13:40,080 --> 00:13:42,334
Well, then the question is how
it was blown and who blew it?

332
00:13:42,371 --> 00:13:43,514
His handlers would know.

333
00:13:43,551 --> 00:13:46,190
The police aren't exactly
forthcoming with information.

334
00:13:46,273 --> 00:13:48,348
We make a Freedom
of Information Act request.

335
00:13:48,442 --> 00:13:50,367
- Better make it fast.
- I'll file the motion right away.

336
00:13:55,236 --> 00:13:56,464
I got something.

337
00:13:56,501 --> 00:13:57,902
- Hmm.
- As you predicted,

338
00:13:57,939 --> 00:14:00,397
O Wise One, CODIS came up with bupkis

339
00:14:00,434 --> 00:14:02,326
on the DNA from Janet Dale's rape kit.

340
00:14:02,420 --> 00:14:03,652
But...

341
00:14:04,525 --> 00:14:06,236
our rapist/murderer has a son,

342
00:14:06,486 --> 00:14:08,946
and he wants to know a little
bit more about his ancestry.

343
00:14:09,189 --> 00:14:11,443
You submitted DNA
to a private genetics company?

344
00:14:13,021 --> 00:14:14,352
Can I use this?

345
00:14:14,413 --> 00:14:16,638
Familyrootsfinder.com.

346
00:14:17,907 --> 00:14:19,268
Fred Jenks.

347
00:14:19,439 --> 00:14:21,363
Our bad boy had a son
who's looking for his father.

348
00:14:21,400 --> 00:14:22,568
That's genius.

349
00:14:22,605 --> 00:14:25,243
Now, if he's already found
his dad, we're halfway home.

350
00:14:25,478 --> 00:14:26,952
Yeah.

351
00:14:27,085 --> 00:14:28,543
All right.

352
00:14:30,345 --> 00:14:31,938
Fred's still at work.

353
00:14:32,048 --> 00:14:33,892
I'm his mother, Karina Jenks.

354
00:14:33,974 --> 00:14:35,783
Please, have a seat.

355
00:14:36,205 --> 00:14:37,505
Thank you.

356
00:14:39,462 --> 00:14:41,159
Your son submitted his DNA

357
00:14:41,196 --> 00:14:43,337
to the familial finder websites.

358
00:14:43,400 --> 00:14:45,642
We'd actually like
to talk to his father.

359
00:14:45,736 --> 00:14:47,689
Uh, so would Fred.

360
00:14:47,726 --> 00:14:49,566
I'm sure that's why he used that site.

361
00:14:49,603 --> 00:14:52,967
- Fred doesn't know his father.
- Right, but you do.

362
00:14:53,550 --> 00:14:56,548
I haven't seen him in decades.
What's this all about?

363
00:14:56,640 --> 00:14:58,338
There's no easy way to say this.

364
00:14:58,407 --> 00:15:01,432
DNA matching your son's
biological father

365
00:15:01,707 --> 00:15:03,460
has been linked to a crime.

366
00:15:03,602 --> 00:15:05,769
It's, uh, more likely than not

367
00:15:05,806 --> 00:15:09,150
he raped and murdered
a sorority girl 25 years ago.

368
00:15:10,947 --> 00:15:12,279
Janet Dale?

369
00:15:13,759 --> 00:15:14,844
You knew her?

370
00:15:14,915 --> 00:15:17,493
I was her Theta Omega sister
for about a year,

371
00:15:17,530 --> 00:15:19,497
but they convicted somebody.

372
00:15:19,587 --> 00:15:21,650
Our client, but he didn't do it.

373
00:15:21,821 --> 00:15:24,814
No DNA match, no other evidence
to support his conviction.

374
00:15:24,950 --> 00:15:27,220
I'm sorry, but Fred's father...

375
00:15:27,359 --> 00:15:28,955
is Janet Dale's murderer.

376
00:15:32,566 --> 00:15:35,826
Fred's been asking about him
since he was a little boy.

377
00:15:40,135 --> 00:15:41,831
Uh...

378
00:15:42,621 --> 00:15:45,925
I was a sophomore at Sheridan.

379
00:15:47,680 --> 00:15:50,003
The Phi Kapps were having a...

380
00:15:50,097 --> 00:15:53,419
"pimps and hos" party.

381
00:15:53,634 --> 00:15:55,421
I drank too much.

382
00:15:56,103 --> 00:15:59,087
I went to his room to sleep it off.

383
00:16:01,770 --> 00:16:03,972
I woke up not being able to breathe.

384
00:16:04,542 --> 00:16:06,917
Someone's hands were around my throat.

385
00:16:07,904 --> 00:16:10,582
Then I felt someone on top of me.

386
00:16:13,225 --> 00:16:15,392
Inside me.

387
00:16:17,304 --> 00:16:19,896
I always thought I would fight back...

388
00:16:21,285 --> 00:16:23,285
...but I was paralyzed.

389
00:16:25,484 --> 00:16:27,402
He was going to kill me,

390
00:16:27,478 --> 00:16:29,828
and I was letting him.

391
00:16:32,872 --> 00:16:34,386
I'm so sorry.

392
00:16:34,753 --> 00:16:36,737
None of this is your fault.

393
00:16:37,740 --> 00:16:39,815
I know that now.

394
00:16:39,909 --> 00:16:41,558
But back then, I...

395
00:16:42,394 --> 00:16:46,316
Every time I saw him on campus,
I got sick to my stomach.

396
00:16:47,011 --> 00:16:49,642
And when I learned
I was pregnant, I just ran.

397
00:16:49,966 --> 00:16:51,966
I quit school.

398
00:16:54,253 --> 00:16:58,074
That's probably
more than you were asking for.

399
00:16:58,262 --> 00:16:59,678
That's okay.

400
00:17:03,082 --> 00:17:05,991
Who, uh... who did it?

401
00:17:06,836 --> 00:17:08,427
Was it Eddie DuBar?

402
00:17:08,464 --> 00:17:09,995
Eddie? No.

403
00:17:10,261 --> 00:17:12,773
Eddie was actually
my boyfriend at the time.

404
00:17:13,128 --> 00:17:14,849
He could come across as a jerk,

405
00:17:14,886 --> 00:17:17,059
but he was always really sweet to me.

406
00:17:17,996 --> 00:17:21,180
The man who raped me
was his best friend,

407
00:17:21,217 --> 00:17:22,749
Bob Callaway.

408
00:17:23,566 --> 00:17:25,453
That's my son's father.

409
00:17:26,413 --> 00:17:28,078
That's your killer.

410
00:17:34,108 --> 00:17:35,953
Gentlemen, I thought I made myself

411
00:17:35,990 --> 00:17:37,574
clear in the prior hearing.

412
00:17:37,640 --> 00:17:39,783
This is an entirely new
legal issue, Your Honor.

413
00:17:40,085 --> 00:17:41,946
I need a court order
to get a DNA sample

414
00:17:41,983 --> 00:17:43,257
from Robert J. Callaway.

415
00:17:43,294 --> 00:17:44,368
Who?

416
00:17:44,405 --> 00:17:46,275
The former Illinois Bar
Association president,

417
00:17:46,312 --> 00:17:47,853
Your Honor, Bob Callaway.

418
00:17:47,890 --> 00:17:50,251
Oh, Bob Callaway, nice man.

419
00:17:50,288 --> 00:17:51,905
We've had dinner on occasion.

420
00:17:52,147 --> 00:17:53,630
So what is this all about?

421
00:17:53,772 --> 00:17:56,726
DNA, Judge. We want to test it.

422
00:17:57,147 --> 00:17:59,116
Absolutely not.

423
00:17:59,319 --> 00:18:01,213
The rape charge has been dismissed.

424
00:18:01,350 --> 00:18:03,446
The DNA of person or persons unknown

425
00:18:03,483 --> 00:18:05,306
has no bearing
on the murder conviction.

426
00:18:05,343 --> 00:18:07,755
Your Honor, that ruling
flies in the face of reason.

427
00:18:07,792 --> 00:18:09,801
Excuse me?

428
00:18:12,163 --> 00:18:13,946
I'm sorry if I offended
Your Honor in any way

429
00:18:13,983 --> 00:18:15,125
during these proceedings,

430
00:18:15,163 --> 00:18:16,643
but my client shouldn't
bear the brunt of...

431
00:18:16,679 --> 00:18:18,321
Oh, you haven't offended me.

432
00:18:18,438 --> 00:18:21,429
You haven't even appeared before
me in some time, Ezekiel.

433
00:18:21,562 --> 00:18:23,344
But it is good to see you again.

434
00:18:28,932 --> 00:18:30,374
Your Honor?

435
00:18:31,294 --> 00:18:32,985
Motion denied.

436
00:18:39,327 --> 00:18:43,093
Yeah, they keep saying just
"take it one day at a time,"

437
00:18:43,185 --> 00:18:45,357
but, uh...

438
00:18:45,593 --> 00:18:47,593
it's more like every second

439
00:18:47,670 --> 00:18:50,241
of every single day.

440
00:18:50,327 --> 00:18:53,457
I know. It's the same for me.

441
00:18:55,561 --> 00:18:57,035
How come you called me?

442
00:18:57,072 --> 00:18:58,771
I saw you at Toby's funeral.

443
00:18:58,832 --> 00:19:00,439
So did your sister.

444
00:19:00,520 --> 00:19:02,326
I already told her
I didn't know anything.

445
00:19:02,488 --> 00:19:05,011
She said that-that you almost
OD'd, and I just thought,

446
00:19:05,048 --> 00:19:06,295
you know, I thought maybe we could...

447
00:19:06,413 --> 00:19:07,629
What?

448
00:19:08,076 --> 00:19:10,010
Compare battle scars?

449
00:19:15,636 --> 00:19:17,878
When I was in prison, I, um,

450
00:19:17,993 --> 00:19:22,682
I got protection from the guys
that were running heroin.

451
00:19:22,779 --> 00:19:25,223
You keep away from it the best you can.

452
00:19:25,633 --> 00:19:27,223
Things started to spiral.

453
00:19:27,301 --> 00:19:30,636
And if it wasn't for Madeline
and my folks, I'd be dead.

454
00:19:30,987 --> 00:19:33,247
Three years in N.A. taught me that

455
00:19:33,313 --> 00:19:35,489
all of our stories have
different beginnings,

456
00:19:36,511 --> 00:19:38,068
but similar endings.

457
00:19:38,379 --> 00:19:39,812
So how'd you start?

458
00:19:39,901 --> 00:19:42,503
I-I heard some rumor about

459
00:19:42,540 --> 00:19:45,026
girls who were doing
Adderall in high school.

460
00:19:45,075 --> 00:19:47,653
We were just trying to stay skinny.

461
00:19:47,870 --> 00:19:49,763
What? Why?

462
00:19:52,901 --> 00:19:54,147
Hey.

463
00:19:54,214 --> 00:19:57,138
I just want to know what
happened to Rosemary, okay?

464
00:19:57,807 --> 00:20:01,164
You know, I-I just found out
she was doing Adderall.

465
00:20:01,201 --> 00:20:04,143
I-I didn't know if you guys
were even friends, but I...

466
00:20:05,595 --> 00:20:07,820
Heather Dupinski,
she connected all of us.

467
00:20:08,245 --> 00:20:11,245
It was something really special
when we first started hanging.

468
00:20:11,643 --> 00:20:14,100
- Then what happened?
- Rosemary died.

469
00:20:16,050 --> 00:20:17,979
Nothing was the same after that.

470
00:20:18,259 --> 00:20:19,619
Do you think
that any of those other girls

471
00:20:19,655 --> 00:20:21,288
could've killed Rosemary?

472
00:20:21,417 --> 00:20:23,120
Like Heather Dupinski?

473
00:20:24,728 --> 00:20:26,561
It's not impossible.

474
00:20:26,737 --> 00:20:28,792
But, I mean,
there were other girls, too.

475
00:20:28,831 --> 00:20:32,956
Look, we were stupid teenagers,
but we felt like a family.

476
00:20:33,125 --> 00:20:36,198
Okay, when Rosemary died,
it changed all of us.

477
00:20:38,917 --> 00:20:40,066
All right, a few

478
00:20:40,103 --> 00:20:41,831
conservative-leaning constituents

479
00:20:41,868 --> 00:20:44,231
feel that Rosemary's Law
doesn't push hard enough.

480
00:20:44,268 --> 00:20:46,044
They want a death penalty rider.

481
00:20:46,081 --> 00:20:49,036
If you go pro-death penalty,
you can kiss the Chicago vote

482
00:20:49,073 --> 00:20:50,278
and the election goodbye.

483
00:20:50,315 --> 00:20:52,286
The rider may cause a bit
of a hit in the major cities,

484
00:20:52,323 --> 00:20:54,753
but it will be offset
by an uptick in the suburbs.

485
00:20:55,050 --> 00:20:57,864
Mr. Zahn says, and I agree,
that with the press you'll get

486
00:20:57,901 --> 00:20:59,786
for passing the law, it's a net win.

487
00:20:59,823 --> 00:21:01,833
Not if you're seen as compromising

488
00:21:01,870 --> 00:21:03,753
personal values for political gain.

489
00:21:03,868 --> 00:21:05,393
Are you compromising?

490
00:21:05,690 --> 00:21:06,990
Where do you stand?

491
00:21:07,149 --> 00:21:09,399
Are you pro-death penalty or not?

492
00:21:13,448 --> 00:21:16,091
When you've seen the things I've seen,

493
00:21:16,451 --> 00:21:18,052
the cases I've tried...

494
00:21:20,120 --> 00:21:22,839
...it's almost impossible
not to be pro death penalty.

495
00:21:23,245 --> 00:21:24,714
I've spent a good
deal of my life trying

496
00:21:24,751 --> 00:21:26,180
to seek justice against

497
00:21:26,220 --> 00:21:27,714
the worst of humanity,

498
00:21:27,823 --> 00:21:29,604
and I have never sought
the death penalty

499
00:21:30,502 --> 00:21:32,664
unless I was truly convinced
it was called for.

500
00:21:33,134 --> 00:21:34,520
So then, what's the problem?

501
00:21:34,557 --> 00:21:36,536
The problem is
he'd be taking a position

502
00:21:36,573 --> 00:21:39,355
on a controversial issue
when he doesn't need to.

503
00:21:39,375 --> 00:21:41,015
Yeah, well,
there's a time to play politics

504
00:21:41,051 --> 00:21:42,842
and a-a time to man up.

505
00:21:45,768 --> 00:21:47,197
I'll take it under advisement.

506
00:21:47,278 --> 00:21:48,677
Thank you, sir.

507
00:21:55,682 --> 00:21:58,617
Uh, moldy trail mix
or expired mystery bar?

508
00:21:58,676 --> 00:22:00,432
I'm good with coffee.

509
00:22:00,902 --> 00:22:03,305
Come over here. You got to see this.

510
00:22:04,026 --> 00:22:05,497
We got our FOIA response,

511
00:22:05,534 --> 00:22:08,708
and apparently, at the time
of Officer Sampson's murder,

512
00:22:08,745 --> 00:22:10,318
the East Cleveland PD was involved

513
00:22:10,355 --> 00:22:12,464
in a joint task force with
the Drug Enforcement Agency.

514
00:22:12,565 --> 00:22:14,386
The Feds? Okay.

515
00:22:14,423 --> 00:22:16,888
Uh, do we know who
Officer Sampson's handler was?

516
00:22:16,925 --> 00:22:19,137
- Who put him in the park that night?
- No, it doesn't say.

517
00:22:19,174 --> 00:22:21,241
But I did find this interesting.

518
00:22:22,465 --> 00:22:24,966
That's Troy D. So?

519
00:22:25,151 --> 00:22:27,312
You see that guy standing behind Troy?

520
00:22:27,619 --> 00:22:30,143
His name is Tyler Lauten.

521
00:22:30,190 --> 00:22:32,940
He's Troy's head of security
and personal bodyguard.

522
00:22:32,977 --> 00:22:34,458
Want to know what job
he had before he started

523
00:22:34,494 --> 00:22:35,730
working for Troy?

524
00:22:35,932 --> 00:22:38,784
He was a DEA agent in Cleveland.

525
00:22:39,034 --> 00:22:40,492
- You're kidding.
- Nope.

526
00:22:40,581 --> 00:22:42,364
And guess who was the head
of the joint task force

527
00:22:42,401 --> 00:22:43,829
with the East Cleveland PD?

528
00:22:43,893 --> 00:22:45,061
- Tyler Lauten.
- Mm-hmm.

529
00:22:45,098 --> 00:22:46,832
Well, he was Sampson's boss
back in the day.

530
00:22:46,893 --> 00:22:48,267
He set him up.

531
00:22:50,667 --> 00:22:52,943
Violet, I think you found our guy.

532
00:23:02,557 --> 00:23:04,909
- Here he is.
- Ladies.

533
00:23:05,136 --> 00:23:06,677
Tyler Lauten, head of security.

534
00:23:06,714 --> 00:23:07,786
How may I help you?

535
00:23:07,823 --> 00:23:10,440
We have some questions
for you about Steve Sampson.

536
00:23:15,557 --> 00:23:17,573
So we know that you were a DEA agent

537
00:23:17,640 --> 00:23:19,531
and that you put
Steve Sampson in City Park

538
00:23:19,568 --> 00:23:21,159
the night that he was killed.

539
00:23:21,255 --> 00:23:22,633
Now you work for Troy D.

540
00:23:22,670 --> 00:23:24,011
You see how that looks.

541
00:23:24,110 --> 00:23:25,312
Actually, I don't.

542
00:23:25,761 --> 00:23:27,559
You got your facts backwards.

543
00:23:27,667 --> 00:23:29,651
Officer Sampson was on the job.

544
00:23:29,800 --> 00:23:30,997
He called me

545
00:23:31,034 --> 00:23:33,066
and told me he was heading to the park,

546
00:23:33,103 --> 00:23:34,495
to meet a C.I.

547
00:23:35,003 --> 00:23:36,298
The shooting was random.

548
00:23:36,421 --> 00:23:38,904
Your current boss
ordered the hit on Sampson.

549
00:23:39,518 --> 00:23:40,661
And you put him there.

550
00:23:40,698 --> 00:23:42,404
No, I didn't.

551
00:23:42,753 --> 00:23:45,099
And my current employment by Mr. Dalton

552
00:23:45,136 --> 00:23:47,044
is perfectly legit.

553
00:23:47,534 --> 00:23:49,677
Hell, half of Cleveland
law enforcement works for him.

554
00:23:49,753 --> 00:23:53,231
Also, Troy had no reason
to kill Officer Sampson.

555
00:23:53,362 --> 00:23:54,955
Investigation was going nowhere.

556
00:23:54,992 --> 00:23:57,104
We were ready to close up shop.

557
00:23:57,201 --> 00:24:00,565
What happened with Sampson
was... bad luck.

558
00:24:00,697 --> 00:24:02,364
Davon Watkins is gonna die

559
00:24:02,401 --> 00:24:04,076
in four days for a
crime he didn't commit.

560
00:24:04,182 --> 00:24:07,634
You used to be a DEA agent,
you were one of the good guys.

561
00:24:08,182 --> 00:24:09,895
What the hell happened to you?

562
00:24:11,464 --> 00:24:13,489
- Mr. Dalton.
- Tyler.

563
00:24:14,405 --> 00:24:16,071
So who do we have here?

564
00:24:16,253 --> 00:24:19,184
I'm Madeline Scott,
this is Violet Price.

565
00:24:19,221 --> 00:24:20,831
We represent Davon Watkins.

566
00:24:20,917 --> 00:24:23,925
Right. That poor kid
that's on death row.

567
00:24:23,996 --> 00:24:26,214
Personally, I'm not a big fan
of the death penalty.

568
00:24:26,448 --> 00:24:29,261
It affects our people in
a grossly disproportionate way.

569
00:24:29,300 --> 00:24:33,003
We spoke to Omar Blackwell
before he was killed in prison.

570
00:24:33,237 --> 00:24:34,364
He told us what you did.

571
00:24:34,401 --> 00:24:37,533
Omar was a desperate man looking
to make peace with his son.

572
00:24:37,846 --> 00:24:39,611
You and I both know he wasn't reliable.

573
00:24:39,729 --> 00:24:41,871
Then why did you kill him
for being a snitch?

574
00:24:42,721 --> 00:24:44,901
I think you watch
too many gangster movies.

575
00:24:45,042 --> 00:24:46,451
I assure you,

576
00:24:46,534 --> 00:24:48,845
you won't discover
anything about Officer Sampson's

577
00:24:48,882 --> 00:24:50,595
unfortunate death here.

578
00:24:51,768 --> 00:24:53,112
Isn't that right, Tyler?

579
00:24:53,245 --> 00:24:54,854
That's just what I told them.

580
00:24:54,893 --> 00:24:56,987
- Bad luck.
- Well,

581
00:24:57,086 --> 00:25:00,026
I'm sorry you ladies wasted your time.

582
00:25:04,823 --> 00:25:06,890
"Bad luck." Yeah, right.

583
00:25:09,268 --> 00:25:10,839
- Sorry.
- Mm-hmm.

584
00:25:11,034 --> 00:25:12,338
Hello?

585
00:25:12,537 --> 00:25:13,989
Yes, yes. I'll accept.

586
00:25:14,026 --> 00:25:15,497
I just... I need a second.

587
00:25:15,893 --> 00:25:17,239
I just found out my parole hearing's

588
00:25:17,276 --> 00:25:18,817
at 10:00 a.m. tomorrow.

589
00:25:18,979 --> 00:25:21,077
Wren, uh...

590
00:25:21,200 --> 00:25:23,409
I'm in Ohio on a case.

591
00:25:23,620 --> 00:25:25,248
My client's on death row and I...

592
00:25:25,309 --> 00:25:26,690
You can't make it.

593
00:25:26,823 --> 00:25:28,843
I'm so sorry.

594
00:25:29,604 --> 00:25:31,353
Just... You're gonna do great, okay?

595
00:25:31,390 --> 00:25:34,386
Um... Look, just sit up straight,

596
00:25:34,503 --> 00:25:36,668
talk clearly and smile.

597
00:25:36,837 --> 00:25:38,690
They won't be able
to resist your smile.

598
00:25:38,831 --> 00:25:41,856
Hey, you've got three other
character witnesses, all right?

599
00:25:41,893 --> 00:25:44,556
And none of them have been
locked up, unlike yours truly.

600
00:25:46,113 --> 00:25:48,130
They don't know me like you do.

601
00:25:48,290 --> 00:25:49,841
Wren, I'm so sorry.

602
00:25:50,065 --> 00:25:51,700
My client's gonna die
if I don't help him

603
00:25:51,737 --> 00:25:54,390
and I just really need to be here, I...

604
00:25:55,872 --> 00:25:57,244
All right.

605
00:25:57,338 --> 00:25:58,729
Bye.

606
00:26:05,571 --> 00:26:08,138
- More coffee?
- Um... no.

607
00:26:13,040 --> 00:26:15,040
I've got nothing to say to you.

608
00:26:15,763 --> 00:26:18,513
- We know.
- We were hoping you'd talk to her.

609
00:26:21,846 --> 00:26:23,396
Karina.

610
00:26:23,460 --> 00:26:25,010
It's been a long time, Eddie.

611
00:26:29,873 --> 00:26:31,481
So you never suspected?

612
00:26:31,643 --> 00:26:34,432
Bob Callaway, that son of a bitch.

613
00:26:35,838 --> 00:26:37,654
I didn't know why you left school.

614
00:26:37,691 --> 00:26:39,770
You never returned my calls.

615
00:26:40,206 --> 00:26:43,030
- I'm so sorry.
- It wasn't your fault.

616
00:26:43,142 --> 00:26:44,474
Yes, it was.

617
00:26:45,134 --> 00:26:47,100
So... Janet Dale?

618
00:26:47,266 --> 00:26:48,831
Daniel Hernandez is serving

619
00:26:48,851 --> 00:26:51,000
a life sentence for a crime
he didn't commit.

620
00:26:51,217 --> 00:26:53,067
We need to know what happened.

621
00:26:54,356 --> 00:26:56,884
That night, I was still upset

622
00:26:56,921 --> 00:26:58,266
about you leaving school.

623
00:26:58,582 --> 00:27:02,381
Bob said a good rager
was the best way to forget.

624
00:27:03,453 --> 00:27:04,836
So we drank.

625
00:27:04,999 --> 00:27:06,199
A lot.

626
00:27:06,276 --> 00:27:07,868
We took Janet in the room.

627
00:27:08,301 --> 00:27:10,368
Bob asked her if she'd ever heard of

628
00:27:10,421 --> 00:27:11,991
a "devil's triangle."

629
00:27:12,100 --> 00:27:14,530
She slapped him, but he just laughed.

630
00:27:14,881 --> 00:27:17,733
She went to the door,
but Bob grabbed her.

631
00:27:19,039 --> 00:27:21,241
She tried to scream, but...

632
00:27:22,303 --> 00:27:24,276
Bob put his hand over her mouth.

633
00:27:25,038 --> 00:27:26,887
The music was so loud.

634
00:27:27,905 --> 00:27:29,429
I left.

635
00:27:30,932 --> 00:27:32,592
I was a coward.

636
00:27:35,303 --> 00:27:37,522
Your Honor, we call Mr. Edward DuBar.

637
00:27:37,737 --> 00:27:40,266
- Who's this?
- Mr. DuBar was an eyewitness

638
00:27:40,303 --> 00:27:42,172
to the events of the day in question.

639
00:27:42,335 --> 00:27:44,048
How many times need I say it?

640
00:27:44,085 --> 00:27:45,891
This is not about rape anymore.

641
00:27:45,928 --> 00:27:47,723
We believe this testimony exonerates

642
00:27:47,760 --> 00:27:49,265
the petitioner of the charge of murder.

643
00:27:49,374 --> 00:27:51,943
Very good. Yes. Well,

644
00:27:52,252 --> 00:27:54,811
Deputy, please call the jury in.

645
00:27:59,526 --> 00:28:01,329
I, um... I'm constrained

646
00:28:01,366 --> 00:28:03,067
to remind Your Honor there is no jury.

647
00:28:03,229 --> 00:28:05,771
This is an evidentiary hearing,
Your Honor.

648
00:28:14,925 --> 00:28:16,511
Given the hour,

649
00:28:16,759 --> 00:28:19,527
may I suggest we adjourn
for the day, Judge?

650
00:28:21,467 --> 00:28:23,367
Yes, well...

651
00:28:24,696 --> 00:28:26,526
Okay, um...

652
00:28:26,698 --> 00:28:29,007
we're adjourned until
9:00 a.m. tomorrow.

653
00:28:41,112 --> 00:28:43,294
Remember when Hillary Clinton
would talk about

654
00:28:43,331 --> 00:28:45,465
the difference between
winning an election

655
00:28:45,584 --> 00:28:47,634
- and actually doing the job?
- Yes.

656
00:28:47,980 --> 00:28:49,544
It's a loser's argument.

657
00:28:50,114 --> 00:28:51,854
If you're gonna run for office,

658
00:28:51,891 --> 00:28:53,365
win the damn election.

659
00:28:53,655 --> 00:28:55,245
Worry about the issues later.

660
00:28:55,292 --> 00:28:57,722
I'm tired of hiding
what I really believe.

661
00:28:58,073 --> 00:28:59,656
It's a mistake, Gore.

662
00:29:00,975 --> 00:29:03,668
But you seem to be making
a lot of them lately.

663
00:29:09,237 --> 00:29:10,769
Noah, Connor.

664
00:29:10,869 --> 00:29:12,826
May I see you in my office, please?

665
00:29:18,860 --> 00:29:20,209
Connor.

666
00:29:21,170 --> 00:29:23,154
You're fired. I'm sorry.

667
00:29:32,404 --> 00:29:34,246
Well played.

668
00:29:34,720 --> 00:29:36,186
As always.

669
00:29:44,692 --> 00:29:46,483
Park it around back.

670
00:29:52,754 --> 00:29:54,195
Looking for me?

671
00:29:54,272 --> 00:29:56,105
Yes, I am.

672
00:29:56,199 --> 00:29:57,855
I want you to take a look around.

673
00:29:57,908 --> 00:29:59,349
See that school?

674
00:29:59,725 --> 00:30:01,417
That library?

675
00:30:02,770 --> 00:30:04,453
Who do you think got them built?

676
00:30:05,263 --> 00:30:07,354
And that nursing home is there

677
00:30:07,391 --> 00:30:10,230
because I put that there.

678
00:30:10,337 --> 00:30:11,401
So?

679
00:30:11,878 --> 00:30:13,849
You built the city's morgue, too.

680
00:30:13,972 --> 00:30:15,814
You know, ten years ago,
a white girl like you

681
00:30:15,851 --> 00:30:17,751
wouldn't be caught dead
on a street like this.

682
00:30:18,130 --> 00:30:19,456
You don't know me.

683
00:30:19,574 --> 00:30:21,191
And you don't know me.

684
00:30:21,357 --> 00:30:23,550
And you don't see how it all works.

685
00:30:24,174 --> 00:30:25,980
See, for the rest to live,

686
00:30:26,017 --> 00:30:27,870
there's always gonna be
acceptable losses.

687
00:30:27,907 --> 00:30:30,651
Your client, uh,
Davon what's-his-name...

688
00:30:30,777 --> 00:30:32,518
yeah, no...

689
00:30:32,613 --> 00:30:34,542
he's an acceptable loss.

690
00:30:34,789 --> 00:30:36,730
And as far as this city's concerned,

691
00:30:36,844 --> 00:30:38,511
I'm a necessity.

692
00:30:38,841 --> 00:30:40,991
I am East Cleveland.

693
00:30:41,735 --> 00:30:43,645
Davon Watkins is innocent.

694
00:30:44,198 --> 00:30:45,901
He will walk free.

695
00:30:46,025 --> 00:30:49,077
And the people responsible
for Officer Sampson's murder

696
00:30:49,114 --> 00:30:50,825
will be locked up.

697
00:30:51,588 --> 00:30:54,179
And East Cleveland will be just fine.

698
00:30:54,633 --> 00:30:56,464
You need to be careful.

699
00:30:58,442 --> 00:31:00,025
So do you.

700
00:31:04,724 --> 00:31:07,391
This is what I love most, Ezekiel.

701
00:31:07,550 --> 00:31:09,433
After the day's work is finished,

702
00:31:09,470 --> 00:31:11,284
you're left with just yourself,

703
00:31:11,321 --> 00:31:12,948
your thoughts...

704
00:31:13,355 --> 00:31:15,026
and the law.

705
00:31:15,489 --> 00:31:18,078
With all its purity and force.

706
00:31:18,769 --> 00:31:21,019
And magic.

707
00:31:22,305 --> 00:31:24,519
And all it requires
is the determination

708
00:31:24,556 --> 00:31:26,761
and intellect to push and pull at it

709
00:31:26,798 --> 00:31:30,878
until you finally see,
as clearly as the dawn's light,

710
00:31:31,292 --> 00:31:33,028
the right thing to do.

711
00:31:33,139 --> 00:31:34,494
I know.

712
00:31:37,509 --> 00:31:38,830
And that's why this
is the hardest thing

713
00:31:38,866 --> 00:31:40,134
I've ever had to do.

714
00:31:40,198 --> 00:31:42,256
What are we talking about, Ezekiel?

715
00:31:42,352 --> 00:31:45,011
Sir, when I appeared before you
during yesterday's proceedings,

716
00:31:45,048 --> 00:31:47,124
- you...
- Did I lose my temper?

717
00:31:47,388 --> 00:31:48,737
Apologies.

718
00:31:48,784 --> 00:31:51,331
Since Margaret passed last year...

719
00:31:51,653 --> 00:31:53,686
I've had a short fuse.

720
00:31:54,508 --> 00:31:57,276
Judge, Mrs. Fry passed four years ago.

721
00:31:59,069 --> 00:32:00,718
I saw you at her funeral.

722
00:32:00,975 --> 00:32:03,142
How can it be that long?

723
00:32:10,095 --> 00:32:11,564
Judge...

724
00:32:14,080 --> 00:32:15,371
I think maybe this might be

725
00:32:15,408 --> 00:32:17,032
the right time for you to step down.

726
00:32:17,212 --> 00:32:18,878
Step down?

727
00:32:19,026 --> 00:32:20,437
From the bench?

728
00:32:20,992 --> 00:32:22,622
How dare you.

729
00:32:22,731 --> 00:32:24,656
Who do you think you're talking to?

730
00:32:24,948 --> 00:32:26,948
A man I admire...

731
00:32:30,233 --> 00:32:31,540
...and love.

732
00:32:31,894 --> 00:32:34,779
Well, I appreciate your concern,
but I'm fine.

733
00:32:36,595 --> 00:32:37,995
Sharp as ever.

734
00:32:38,150 --> 00:32:39,970
Really, I am.

735
00:32:44,573 --> 00:32:48,083
I know we probably shouldn't be
discussing an active case, but...

736
00:32:49,261 --> 00:32:50,839
I just wanted to give you a heads-up.

737
00:32:50,876 --> 00:32:52,097
Yes?

738
00:32:52,222 --> 00:32:54,425
I intend to cite State v. Kafina

739
00:32:54,462 --> 00:32:56,462
in my appeal of your DNA ruling.

740
00:32:56,664 --> 00:33:00,105
It's directly on point
and completely persuasive.

741
00:33:00,253 --> 00:33:02,956
Well, if you think it's relevant,

742
00:33:02,993 --> 00:33:05,802
I'll accept any brief
you want to submit.

743
00:33:06,230 --> 00:33:08,660
I confess, I don't remember the case

744
00:33:08,697 --> 00:33:10,636
off the top of my head.

745
00:33:12,126 --> 00:33:13,964
It's an excellent opinion.

746
00:33:15,628 --> 00:33:17,333
Brilliantly crafted.

747
00:33:18,542 --> 00:33:20,175
Cited hundreds of times,

748
00:33:20,212 --> 00:33:22,331
all the way up
to the U.S. Supreme Court.

749
00:33:22,368 --> 00:33:25,126
Sorry, it doesn't come to mind.

750
00:33:26,299 --> 00:33:27,740
Judge...

751
00:33:31,691 --> 00:33:34,417
Elijah, you wrote
that opinion yourself.

752
00:33:37,686 --> 00:33:39,354
I did?

753
00:33:50,956 --> 00:33:53,980
You could have moved to recuse me,

754
00:33:54,327 --> 00:33:56,735
made a big deal of all this.

755
00:33:57,252 --> 00:33:59,020
But you didn't.

756
00:34:00,578 --> 00:34:03,212
You spared me the humiliation.

757
00:34:04,919 --> 00:34:07,086
You taught me the way.

758
00:34:10,775 --> 00:34:13,359
I'll call the administrative
judge and arrange medical leave.

759
00:34:13,561 --> 00:34:15,028
No.

760
00:34:16,459 --> 00:34:19,110
I want to do this the right way.

761
00:34:21,339 --> 00:34:25,007
My health has deteriorated
in the past few weeks.

762
00:34:25,330 --> 00:34:27,284
I am a steward of justice.

763
00:34:27,511 --> 00:34:30,705
It remedies that
which is untenable and wrong.

764
00:34:31,057 --> 00:34:33,284
It's really a simple process.

765
00:34:33,492 --> 00:34:36,158
You look at the facts,
you apply the law,

766
00:34:36,195 --> 00:34:38,368
and you come up with an opinion.

767
00:34:39,636 --> 00:34:41,214
Now, it is my opinion

768
00:34:41,251 --> 00:34:43,690
that my time as a judge is over.

769
00:34:44,448 --> 00:34:46,707
I will step down from this matter,

770
00:34:46,744 --> 00:34:48,089
and this bench,

771
00:34:48,149 --> 00:34:49,847
effective immediately.

772
00:34:50,009 --> 00:34:53,495
I leave in my wake other stewards...

773
00:34:53,945 --> 00:34:57,447
sharp minds and gentle souls

774
00:34:57,554 --> 00:35:00,230
who will take care of justice
and protect her.

775
00:35:00,808 --> 00:35:03,648
This case and this defendant

776
00:35:04,214 --> 00:35:06,340
are in good hands.

777
00:35:07,480 --> 00:35:09,698
This court vacates
the sole remaining count

778
00:35:09,735 --> 00:35:11,019
against Mr. Hernandez

779
00:35:11,056 --> 00:35:13,208
and directs that the State
issue an arrest warrant

780
00:35:13,245 --> 00:35:15,068
for Robert J. Callaway.

781
00:35:15,348 --> 00:35:18,003
The State apologizes to you,
Mr. Hernandez.

782
00:35:18,119 --> 00:35:19,284
You're a free man.

783
00:35:22,720 --> 00:35:24,052
Thank you.

784
00:35:29,257 --> 00:35:31,534
You're coming home. You're coming home.

785
00:35:31,707 --> 00:35:33,766
I can only tell you
what I remember, Counselor.

786
00:35:34,523 --> 00:35:37,130
Officer Sampson called,
said he wanted to wrap up

787
00:35:37,167 --> 00:35:39,754
a detail with one of his
confidential informants.

788
00:35:39,862 --> 00:35:41,159
"No big thing," he said,

789
00:35:41,196 --> 00:35:43,235
so I gave him the go-ahead
to meet the C.I.

790
00:35:43,344 --> 00:35:44,683
For the record, who was the target

791
00:35:44,720 --> 00:35:47,196
of Officer Sampson's
undercover investigation?

792
00:35:47,286 --> 00:35:49,401
Troy Dalton, but that
investigation was winding down.

793
00:35:49,445 --> 00:35:51,875
And who is your current employer?

794
00:35:52,682 --> 00:35:54,210
Troy Dalton.

795
00:35:54,849 --> 00:35:56,821
Your Honor, I renew my motion

796
00:35:56,858 --> 00:35:58,917
that the stay of execution
previously in place

797
00:35:58,954 --> 00:36:00,362
for Davon Watkins be revived.

798
00:36:00,486 --> 00:36:02,669
Ms. Scott, in light
of the paucity of evidence...

799
00:36:02,706 --> 00:36:04,006
Paucity?

800
00:36:04,370 --> 00:36:07,300
An undercover officer
is killed on a fool's errand

801
00:36:07,337 --> 00:36:09,003
to meet person or persons unknown,

802
00:36:09,040 --> 00:36:11,394
and then that undercover
officer's boss goes to work

803
00:36:11,431 --> 00:36:13,601
for the target of said investigation?

804
00:36:13,638 --> 00:36:15,171
If that doesn't stink to high heaven...

805
00:36:15,208 --> 00:36:17,542
I'm not interested in how you
think things smell, Ms. Scott.

806
00:36:17,556 --> 00:36:19,980
We have a signed confession
from a known associate

807
00:36:20,017 --> 00:36:21,818
- of Mr. Dalton's.
- Now deceased.

808
00:36:21,855 --> 00:36:23,146
Executed.

809
00:36:23,183 --> 00:36:25,516
The same way Officer Sampson
was executed.

810
00:36:25,553 --> 00:36:26,993
Ms. Scott, do you have
any other witnesses?

811
00:36:27,029 --> 00:36:28,563
- Your Honor...
- It's a yes-or-no question!

812
00:36:28,600 --> 00:36:30,287
No. They're all being murdered.

813
00:36:31,854 --> 00:36:34,801
Petitioner Davon Watkins's
final appeal is denied.

814
00:36:34,838 --> 00:36:37,605
His execution will
proceed as scheduled.

815
00:36:42,921 --> 00:36:44,680
You can do it.

816
00:36:54,425 --> 00:36:56,097
So, I hear you're coming around to

817
00:36:56,134 --> 00:36:57,918
the proposed death penalty addendum

818
00:36:57,955 --> 00:36:59,097
to Rosemary's Law.

819
00:36:59,134 --> 00:37:00,526
You know, I used to think that

820
00:37:00,644 --> 00:37:02,825
life in prison was worse than death,

821
00:37:03,636 --> 00:37:05,440
'cause you had to sit there all day

822
00:37:05,534 --> 00:37:06,980
struggling with your guilty conscience

823
00:37:07,017 --> 00:37:08,097
for the rest of your life.

824
00:37:08,134 --> 00:37:09,688
And then I realized that

825
00:37:09,769 --> 00:37:11,632
most of the accused...

826
00:37:12,691 --> 00:37:14,089
...don't have a conscience.

827
00:37:14,126 --> 00:37:18,003
So, no struggle, no remorse.

828
00:37:18,055 --> 00:37:19,229
I think you're right.

829
00:37:19,266 --> 00:37:20,816
People who kill, they...

830
00:37:22,252 --> 00:37:23,636
...they don't feel anything.

831
00:37:23,747 --> 00:37:26,628
Bottom line, I need to win.

832
00:37:27,019 --> 00:37:28,936
But I have to do it on my own terms.

833
00:37:29,435 --> 00:37:31,354
I wouldn't want it any other way.

834
00:37:31,425 --> 00:37:32,903
Really?

835
00:37:34,393 --> 00:37:36,073
Because I would have thought
you would want

836
00:37:36,110 --> 00:37:38,363
more of a return on your five million.

837
00:37:38,727 --> 00:37:42,018
I want a friend in Springfield,
but other than that...

838
00:37:44,056 --> 00:37:46,440
Gore, you got me all wrong. Y...

839
00:37:47,866 --> 00:37:49,675
You have big dreams,

840
00:37:50,065 --> 00:37:53,097
and I'm gonna make 'em come true.

841
00:37:59,344 --> 00:38:00,919
The battle's not over, Davon.

842
00:38:00,956 --> 00:38:02,151
We still have one more day to fight.

843
00:38:02,188 --> 00:38:03,284
We're gonna resist

844
00:38:03,321 --> 00:38:05,352
until the last possible moment.

845
00:38:06,054 --> 00:38:07,420
Thank you.

846
00:38:08,117 --> 00:38:10,977
I really appreciate
everything you've done for me.

847
00:38:11,920 --> 00:38:14,964
I just want you to know I'm ready.

848
00:38:15,094 --> 00:38:17,036
Don't say that, Davon.

849
00:38:18,803 --> 00:38:21,495
When they take one
of us guys to that room,

850
00:38:21,610 --> 00:38:24,761
all of us, we bang on our cell doors

851
00:38:24,798 --> 00:38:27,669
and scream as loud as we can

852
00:38:27,847 --> 00:38:30,565
so that that man knows
that he's not alone

853
00:38:30,687 --> 00:38:32,236
when he leaves this earth.

854
00:38:32,342 --> 00:38:35,835
And that sound...
it used to terrify me.

855
00:38:36,248 --> 00:38:37,985
'Cause I thought what if I'm actually

856
00:38:38,022 --> 00:38:39,981
alone when it's my time?

857
00:38:40,175 --> 00:38:42,056
What if nobody believes me?

858
00:38:43,676 --> 00:38:46,229
They've taken a guy
every day this week.

859
00:38:46,981 --> 00:38:48,347
But guess what.

860
00:38:48,854 --> 00:38:51,714
I'm not scared anymore.

861
00:38:52,402 --> 00:38:53,933
You know why?

862
00:38:54,404 --> 00:38:56,100
Because you believe me.

863
00:38:57,948 --> 00:39:00,557
The people, they heard the truth,

864
00:39:01,070 --> 00:39:02,940
and that's because of you.

865
00:39:06,223 --> 00:39:08,264
We're still gonna fight this.

866
00:39:14,539 --> 00:39:18,065
Once a death row inmate's
final appeal is denied,

867
00:39:18,222 --> 00:39:20,302
his death day is set.

868
00:39:21,052 --> 00:39:22,918
And Davon's is today.

869
00:39:23,140 --> 00:39:25,641
Now, only the governor
and the Supreme Court

870
00:39:25,678 --> 00:39:28,846
and you stand between him
and this final judgment.

871
00:39:28,996 --> 00:39:32,332
You can demand that
Davon Watkins be given

872
00:39:32,369 --> 00:39:33,693
a stay of execution

873
00:39:33,730 --> 00:39:37,074
because he is an innocent man.

874
00:39:40,081 --> 00:39:42,309
"The Moving Finger writes;"

875
00:39:42,438 --> 00:39:45,370
"and, having writ, Moves on:"

876
00:39:45,448 --> 00:39:47,901
"nor all thy Piety nor Wit"

877
00:39:47,954 --> 00:39:49,913
"Shall lure it back"

878
00:39:50,108 --> 00:39:52,126
"to cancel half a Line,"

879
00:39:52,456 --> 00:39:54,323
"Nor all thy Tears"

880
00:39:55,131 --> 00:39:57,214
"wash out a Word of it."

881
00:39:58,159 --> 00:40:00,198
Do not let the last line

882
00:40:00,277 --> 00:40:02,854
on the life of Davon Watkins
be written.

883
00:40:04,307 --> 00:40:05,698
Not yet.

884
00:40:08,508 --> 00:40:10,479
We've submitted an emergency petition

885
00:40:10,516 --> 00:40:12,221
to the U.S. Supreme Court,

886
00:40:12,262 --> 00:40:14,779
and we've sought clemency
from the governor.

887
00:40:15,714 --> 00:40:17,456
But the hour is finally here.

888
00:40:17,493 --> 00:40:20,195
Maketh me to lie down
in green pastures.

889
00:40:23,597 --> 00:40:25,384
Davon, it's time.

890
00:41:00,738 --> 00:41:03,872
And the CCI's warden awaits word.

891
00:41:05,056 --> 00:41:07,541
Will there be clemency and commutation

892
00:41:07,578 --> 00:41:08,728
from the governor...

893
00:41:10,693 --> 00:41:12,135
...or will the state of Ohio

894
00:41:12,172 --> 00:41:14,039
put an innocent man to death?

895
00:41:35,392 --> 00:41:38,283
- We failed him.
- The system failed him.

896
00:41:38,359 --> 00:41:40,651
We are the system.

897
00:41:42,094 --> 00:41:43,576
At least Daniel Hernandez gets to

898
00:41:43,621 --> 00:41:45,698
walk out of prison a free man.

899
00:41:46,484 --> 00:41:48,351
He's going to law school.

900
00:41:48,899 --> 00:41:51,124
Wants to study criminal law.

901
00:41:52,472 --> 00:41:54,764
There are no acceptable losses.

902
00:42:05,103 --> 00:42:08,244
When I was a child,
my parents taught me

903
00:42:08,281 --> 00:42:10,781
that everything happens for a reason.

904
00:42:11,325 --> 00:42:13,312
That there's a bigger plan.

905
00:42:13,486 --> 00:42:16,101
What is meant to be will be.

906
00:42:17,126 --> 00:42:19,095
It's a cruel joke
our parents play on us,

907
00:42:19,132 --> 00:42:21,254
making us believe
that the world is good

908
00:42:21,291 --> 00:42:23,809
and just and kind, because...

909
00:42:28,197 --> 00:42:31,158
...because today, I just can't see it.

910
00:42:31,331 --> 00:42:33,946
What's the plan when an innocent man

911
00:42:34,031 --> 00:42:35,568
loses his life?

912
00:42:38,932 --> 00:42:41,673
Why does a good man... an honest man...

913
00:42:41,782 --> 00:42:44,766
suffer the penultimate loss
before his time?

914
00:42:45,330 --> 00:42:48,154
Maybe it is part of some grand circle.

915
00:42:49,147 --> 00:42:52,033
Birth and death and rebirth.

916
00:42:52,501 --> 00:42:53,994
Maybe.

917
00:42:54,920 --> 00:42:56,718
But for those of us who remain behind,

918
00:42:56,755 --> 00:42:59,446
how do we accept the losses
and move on?

919
00:43:00,001 --> 00:43:02,690
We search for hope
for a brighter future.

920
00:43:03,423 --> 00:43:05,266
Today we may not know,

921
00:43:06,580 --> 00:43:08,646
but tomorrow we'll try.

922
00:43:09,054 --> 00:43:10,389
We have to.

923
00:43:16,088 --> 00:43:19,017
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www.addic7ed.com

