People v. John David Meyers, murder in the second degree. >> I was a huge fan, Mr. Meyers. >> My client appreciates that, judge. >> I said was. How does he plead? >> Not guilty, your honor. >> I assume your client can make substantial bail, Miss Cutler. >> We're not consenting to bail, judge. The people request remand. His face is recognized all over the world. Where's he going to go? >> Your honor, if I may. >> And you are? >> Mr. Meyer's psychiatrist. >> How about that? My grandson's pediatrician won't even make a house call. >> Mr. Myers is heavily medicated. He can't function. >> He confessed to brutally slaughtering a woman he just met. >> He's been under my daily care for 3 years. >> I wouldn't really brag about that, doctor. >> Your honor, >> sit. I'm reminding the defendant and ordering observation at Belleview. >> Mason did it. He made Scotty call me. He's a parasite. His filth. >> Mr. Fiser, the jury will ignore the witness's remark. Strike it from the record. Redirect, your honor. >> If the witness can control himself, >> I'll show you what I'll call defendants exhibit 4. >> Oh my god. >> Approach. Let me have that. >> No way, your honor. This is only meant to outrage the jury. >> My client's defense is that the deceased died when the towers came down. This is evidence. evidence to make the jury throw up. Rule of thumb, in my court, that's inadmissible. >> And the plea, >> not guilty, your honor. >> There's a first, Miss Evelyn. >> The defendant shot and killed his brother's wife within days of being released from prison. Bail shouldn't even be a consideration. >> I don't suppose you agree with that. >> Hale, what's a couple of days in Rikers after 10 years in Attica? I'm not going to waste your time, your honor. >> You know what, counselor? This is a first. >> She's my wife. Come on. She's my wife. Calm down. >> Nothing like a little excitement to get the heart pumping. What's next on the menu? Docket number 534781. People versus Clara Pazzzo. Charges murder in the second degree. >> Surprise me, Miss Perzo. >> I don't know what you mean. >> I need a plea. Did you do it? >> Yes. I don't think my client understands, your honor. >> I understand perfectly. I killed the so. She's obviously mentally disturbed. The defendant killed her husband, your honor. >> She ran him over four times with her car. >> I admire her restraint. >> I object. Cool. You're just Castler. Shall we take this from the top? >> No need to, your honor. Dom is dead and I did it. I knew exactly what I was doing. >> I'm not supposed to express personal opinions in the courtroom. But I've got to tell you, Miss PZO, you make me proud to be an American. >> Thank you. >> Cheating on you, was he? >> Yeah, but I could live with that. I could live with his perversions. But I won't go under the knife for anyone. These were good enough for him when we got married. You said that Cory wanted to do something different than the other girls. By the other girls, you mean the other girls that you and the other Mac Rangers had sex with. >> Yeah, the other girls at school. >> And you got one point for each girl. Is that right, >> your honor? >> Sit down, Mr. Greer. >> Miss Boura, Jennifer Clark has been found alive, your honor. She appears to be okay. >> The people move for immediate sentencing. >> The defense does not object. I understand you've both agreed to a recommendation as a part of the negotiated deal. Time served on all counts, Mr. McCoy. >> That's right, your honor. >> Mr. Jacobs, please rise. >> Mr. Jacobs, this negotiated arrangement with the people is something I find contrary to the interests of justice. A child taken by you against her will, returned by you to her lawful custodian in exchange for your freedom, is an agreement against public policy. Therefore, I find that mandating enforcement of an agreement reached under these circumstances would be a perversion, not a fulfillment of juristp prudence. I will not honor it. Your sentence is my discretion, Mr. Jacobs. I'm imposing the maximum time allowed by law. >> Your honor, my client withdraws his guilty plea. >> That's certainly his right. He wants a trial. We'll conference tomorrow afternoon to set a date. >> What are you talking about? We had a deal. You can't do this. >> You had no deal with me, Mr. Jacobs. >> What? No. No. No. No. We had a deal. We had a deal. You son of a >> That's enough. >> We a deal. You son of a >> Officers, remove the defendant from the courtroom. >> You made a deal. Son of a >> Come on, let's go. >> Son of a We a deal. >> We a deal. [Music] >> How do you plead, Mr. Marchetti? >> Not guilty, your honor. >> People on bail, Miss Levelin. >> The people ask remand, your honor. >> Mr. MarQueti has ties to the community. A minor child in school. >> At the time of Mr. MarQuetti's arrest, he was preparing to leave the country in the company of that minor child. >> Your honor, he and his daughter were going abroad to get away. >> Exactly. >> To grieve the healing process, Miss Sutherland. You've heard of it. >> Your honor, >> he just lost his wife. >> He just lost his wife. Careful, Mr. Greer. You're treading dangerously close to the textbook definition of hutzbot. >> All I meant, your honor, is Mr. MarQuetti wasn't fleeing the jurisdiction. shortsighted of him. Bail is set a 300,000 cash or bond defendant will surrender his passport next. >> These witnesses are relevant, your honor. Professor Murphy's study quantifies the economic discrepancies between the races. Professor Harrison's work on law enforcement practices has been cited in every >> none of which has anything to do with her client. >> It goes to her state of mind, her fear her son would suffer the fate of many African-Americans. Your honor, if Miss Joiner wants to establish her client's state of mind, she can call her to the stand. >> Even if I do, these witnesses are evidence that her beliefs and concerns about racism in this country are reasonable. >> There's no question the beliefs are reasonable. The issue is whether or not her client actually believes them. >> We wouldn't be here if she didn't. >> Simmer down, counselors, >> the extradition hearing will be delayed until the state is through with Mr. Steinmets. >> I'm glad I'm not in your 9 and 1/2. Counselor, >> I'd like to request bail. Mr. Lyman should have made application for bail after the tapes were excluded based on changed circumstances. >> The man is a vicious predator and he's a flight risk. >> Mr. Morrison has lived in New York for 3 years. He has close ties with the community and he has a job to go back to after he is acquitted. >> Your honor, >> there is no basis for denying bail. >> Don't try to tell me my job, Mr. Morrison. You either, Mr. McCoy. Bail for this defendant is set in the amount of $1 million. >> Your honor, one more thing. I move to suppress the necklace and my prior arrest record. The necklace has no bearing on this case. >> That's absurd. Gail Churchill's discovery of the circumstances of the necklace provides the defendant with motive. >> I agree with the people on the necklace. It is inextricably linked to this case. As for the fraud conviction, I'll let the conviction come in, Mr. McCoy, but not its underlying facts. >> Your honor, >> that's enough, Mr. Morrison. You have a trial to prepare for. >> Approach. >> Your honor, we're within the limits. >> Maybe. >> I want this thing settled quickly. You'll have motions in my chambers tomorrow morning at 10:00 and we'll discuss them at 1 and hold down the verbiage. Okay. You give me a 100 pages. I'll be very upset. >> People v. Bruner. Mark P. One count murder in the first degree. Jessica Sheets assigned 18B council on behalf of Mr. Bruner. >> How does Mr. Bruner plead? >> Not guilty. >> In addition to the instant crime the defendant has implicated in a homicide in King's County. >> That's very interesting, but it doesn't get you to murder one in this state. Counselor, >> we can make a case for torture, your honor. >> And am I glad I'm not the one to hear the details. >> Due to the heinous nature of the crime, the people request remand. >> Miss Sheets, defense takes no position on bail. >> Remand it is then. People v. Donald Cosgrove. Murder in the second degree. >> Your honor, my client's already been arraigned. What is he doing here? >> Let me get a plea. Mr. Cosgrove. >> Doctor, >> not guilty. >> Bail, Miss Ross. >> $500,000 on the doctor, your honor, and status quo for Mr. Kamacho. >> I'm sorry. I still don't see why we're here. >> People requested the cases against Mr. Kamacho and Dr. Cosgrove be consolidated. >> On what grounds? >> People alleged they both killed Nancy O'Neal. >> What? Me and this gangster? >> Your honor, Dr. Cosg Gro is a respected surgeon. >> Enough. Elias Kamacho remains her man that bail is set for Donald Cosg Gro at $500,000. Now go yell at somebody else. >> Cecilia Nolles isn't here today because, as you know, she's in a coma. You haven't been told why she's in a coma. Mr. Garnett alluded to the reason. >> I'm going to tell you why. >> Objection. She did it in a desperate, crazed attempt >> sustained >> to call attention to the fact that Mr. Taylor had gotten away with the murder of her sister. >> I said sustained. Mr. McCoy, >> she was so convinced of his guilt, she was ready to put herself in jeopardy to see this vicious killer brought to trial. >> Mr. McCoy, >> while she lies in a hospital bed, this court has seen fit to allow the defense to speculate about her state of mind. That's enough. >> And hold her up as a psy for Mr. Taylor. And since this court doesn't have the guts to protect the rights of the weak and voiceless, >> you're in contempt, Mr. McCoy. >> It's for the jury to see justice done. And justice in this case is holding Ken Taylor and only Ken Taylor responsible for the death of Julie Gor. >> That's it. I am declaring an immediate mistrial. >> Oh, you your honor. >> Sit down, Mr. Garnett. You open the door for this. Ladies and gentlemen, you are dismissed with my apologies on behalf of councel. >> We're adjourned. >> Continuence, man. >> What grounds? >> A key prosecution witness, Chaz Bailey, will be unavailable for 2 months. >> Oh no. Something happened to this young man. >> He's in drug rehab in Switzerland. Oh, >> thank God. See, he's finally finally getting the help he needs. >> He's beyond our subpoena power. I suspect Senator Bailey had something to do with the choice of facilities. >> Mr. McCoy, how can you stand there and vilify this man for trying to save his son's life? And I only hope that you and I never experience. I only hope that you and I never experience the kind of heartbreak this family has suffered. 64 people v Jonas Stark charges murder in the second degree. Miss Bell, does your client have a plea? >> Not guilty. >> Back on the night shift, Charlie. Legal aid must be understaffed again. Tell me about your client. >> Mr. Stark was a dear friend of the victim. He's not likely to flee. >> Mr. Stark skipped bail last time robbery. This is homicide. He might want to miss his trial. Do you have any other objections to a substantial bail? Well, your honor has already decided. >> The court's mind is open. Mr. Robinette, >> as your honor notes, Mr. Stark's appearance record is not encouraging. We ask 500,000. >> People's request is granted. Next. >> Didn't you manipulate Scott Fischer? >> None of that is true. >> What about guests on your previous shows? Didn't you arrange to have >> Objection? May we approach? >> Mr. Mason's past programs are irrelevant. >> Goes to motive, your honor. >> And they're inadmissible. Put it in your pocket, Ben. I didn't let her do it to your witness. You don't do it to hers. >> Objection sustained. >> People v. Bradley Hagen. Charges murder a second degree. >> How do you plead? >> Not guilty. >> Hagen, I voted against your father. >> I move that you recuse yourself, your honor. >> Don't. Papagaska, counselor. I voted for both his brothers. >> People request the defendant be remanded without bail. Your honor, >> what are we having today? A special on Hutspail is set at $500,000. Do you have that on you, Mr. taken or do you need a few minutes? >> Your honor, >> I was joking. Counselor, next. >> Is Mr. McCoy suggesting that my client is such an accomplished actor that he can fool experts from Belleview, Columbia Presbyterian, John's Hopkins? >> He didn't fool the camera. That evidence speaks for itself. He's malingering. His condition is an elaborate ruse to avoid prosecution. Your honor, that is state sponsored blackmail. >> Calm down, Mr. Dobs. This is a mental competency hearing. I'm sure if the threat of imminent prosecution were removed permanently, Mr. Napoli would experience a remarkable recovery. I find the defendant fit to proceed to trial. Parties to meet in my chambers on Monday to set a trial date. We're adjourned. >> Sure. The witness picked my client out of a lineup. That was only after she'd just seen his picture. >> Photo array, I presume. >> Well, you'd think, wouldn't you? One picture does not nor make >> it was a sketch made by a police artist. >> Damn good one. Computer enhanced. >> It was not a photographic likeness. Your honor, >> it was good enough to suggest to the witness. >> United States v. Cruz. The Supreme Court ruled that court IDs are permissible even where the witness's recollection may have been tainted by viewing a photo beforehand. >> The cruise court found another basis for that ID. >> In this case, the witness observed the defendant at her place of work for several hours. The lineup idea is based on that observation >> prompted by an accurate computer likeness of his face. I failed to see the difference between that and a photograph. >> Neither do I. The idea is out. >> In that case, the DNA being the fruit of the illegal identification should also >> Don't press it, Mr. Schwar. >> People versus Steven R. Kiteon. The charges are attempted murder in the second degree, assault in the first degree. >> What's the plea? >> Not guilty. people. >> People asked for 150,000. >> That's ridiculous. Your honor, >> the victim identified the defendant. >> The victim doesn't know his birds from his bees. The people's case is predicated on the testimony of an insane person. >> Save it for your open. >> Your honor, my client is a respected oral surgeon. >> Tonight's counsel I've seen marathon man said at 150,000. Next up, >> I received this letter late this afternoon. It's unsigned. The author claims to be a c-orker of juror number six, who he says is a racist. Number six, the tool and die maker. >> The white tool and die maker. >> The letter reads in part, "I heard him say on several occasions how he can't stand taking the subway anymore because he has to ride with the blacks. He wishes they had a special car for them at the end of the train." Have you spoken to the juror? >> Yes, of course he denies the allegations, but I'm inclined to dismiss him. >> What a coincidence, your honor. The first alternate juror is a young black woman. This letter is a blatant attempt to hang the jury by altering its racial makeup. It's tampering. >> Unless it's true. >> My husband is waiting for me in the Hamptons. I'll hear arguments on Monday. >> 63. People versus Jaclyn Scott charges murder in the first degree. >> That's as good as it gets. What's your plea? >> Not guilty, your honor. >> My client is a valued member of the community. She employs thousands of New Yorkers who depend on her for their salary. >> Does she have a cat? I like cats. >> The state asks for remand without bail. Miss Scott's wealth makes her a flight risk. >> Since when is financial success a criminal offense? >> So, let's say we make her that much less offensive. Bail is set at 2 million cash. >> Your honor, this defendant could hop on a private plane as easily as you and I could get on a subway. >> But can she get a cab in the rain? I'll take your passport, too, Miss Scott. For added assurance, the people also request an electronic ankle bracelet and house arrest. >> Don't fret, Miss Scott. Maybe you can cook up some matching accessories. >> Next. >> Your honor, is there a point to this examination? She's already at this point that people are withdrawing their plea offer and stand ready for trial. >> But we have a deal. >> Had a deal, Mr. Goodwin. It is the district attorney's prerogative. Give it a date, Freddy. You want me to conclude that your clients in fact appeared before the grand jury because you say they did? >> What turnup truck do you figure I fell off of? Mr. Wler. >> Judge, >> your choir boys were prepared to cut a deal once, counselor. Why not go two for two? >> The people versus Richard Mason. Charges are manslaughter first degree, criminal facilitation first degree. So, Miss Sutton, >> your honor, in view of the absurdity of these charges, my client would like to make a statement. >> Um, in my defense, your honor, I I point to my career in journalism, the respect of my colleague. >> Sir, I have no idea who you are, Miss Hutton. I'm not going to dismiss charges before they get to grand jury. Prompt your client to enter a plea or enter it for him. >> Not guilty on both counts. >> Ms. Quinc, >> we don't think bail will affect Mr. Mason's appearance at trial. People ask for 100,000. find that acceptable, your honor. >> Such reasonable people. Who says no happy families? And Mr. Mason, stay in character if you want, but please stay in town. Next. >> I read in the papers that Mr. Schwmer might know where Michelle is. You bastard. >> Objection. >> Michelle might be dead. He knows. >> That's enough, Mrs. God. The law shouldn't protect him. The law should protect Michelle. >> Approach, your honor. >> I just want to bury my baby. >> That's Mr. McCoy's fifth witness, and we still don't have one stitch of incriminating evidence. >> The jury should see the effect of Mr. Schwimmer's criminal activity, >> which is impossible unless we know for sure the witness's daughters are in fact Mr. Brun's victims, >> which is impossible as long as the defendant chooses to keep his mouth shut. >> Sorry, Mr. McCoy. You've rung the emotion bell long enough. Now try ringing the evidentiary one. >> Although what Mr. Stone is asking disgusts me, my intestinal tract is still intact. Mr. Steinmets will appear in Mr. Stone's office no later than 3:00 this afternoon. Ben, you are walking through history. God help us if you fall down. And this is the basis of your motion? >> It's a contract, judge, entered into between the defendant and Mr. McCoy. Most plea agreements aren't even put in writing. >> When I signed that paper, Mr. Harp held out the hope that Mitchell Titus was still alive, which he knew to be false. >> Look at the language. It deals with the possibility that Titus was dead. Is Mr. McCoy claiming he didn't read it? He couldn't have been aware that Mr. Hart murdered Mr. Titus. >> Why not? He already knew that Mr. Hart was involved in the murder of Officer Schaefer. He knew who he was dealing with. >> The killer turned extortionist. So, you didn't have to sign, but you did. >> A remarkable set of facts. I'm sure the law is just as interesting. I'll hear arguments at 3 this afternoon. >> Hope that gives you enough time. >> People versus Danielle Mason, one count murder in the second degree. >> You plea Miss Mason. >> Not guilty. The people request $500,000 bail. Your >> honor, she defended herself against a rapist. She's 18. She lives with her parents. We ask for RO. >> She had sex with the victim. There's no evidence she was raped. >> Look, she voluntarily gave a full and candid statement to the police. >> After a week of lies and deception. >> Why don't you both save it for the trial, judge? 250,000 cash or bond. >> Your clients aren't on trial for their beliefs. They're on trial for their actions. >> Their beliefs are action. >> Oh, counselor. I'm afraid that's nonsense and you know it. No, the law allows testimony on the relevance of faith. Jury hasn't been asked to judge the truth of that faith. Motion from Mr. trial denied. We'll resume at 2:00. >> People v. Anthony Bixs charges grand lararseny in the secondderee forgery in the second degree. >> Mr. Bix pleads not guilty, your honor. People on bail. >> The defendant altered official state death certificates to facilitate an illegal trade and stolen body parts. I'm sure that forging his passport isn't beyond his capabilities. People seek remand. >> That's absurd. Not one of these charges is over a C felony. >> Your honor, we are still exuming bodies. The full scope of this criminal enterprise is expanding. >> The victims in this case were already dead. Correct. >> Not true. Mr. Bix's actions implicate him in the homicide of Michael Jones. Mr. Jones contracted ovarian cancer from illegally harvested bone he received during a transplant. >> Lot of dots to connect there, counselor. >> There is a murder indictment pending, your honor. >> Then let's revisit bail if they file. >> I'm not letting Dr. Frankenstein hear off so easy. bail is 300,000 cash only. >> He can't make that, your honor. Maybe he's got something he can sell. >> All right. What Mr. Shatenstein fails to appreciate here is that this is just a ploy by the district attorney to drive a wedge between our clients. >> And this is legal grounds to oppose severance. I don't think so, Miss Tyrell. Mr. McCoy, do the people take a position on Mr. Shatenstein's motion to sever? >> No, your honor. We'll rely on your good judgment. >> Then the motion is granted. The defendants will be tried separately. I'm aware of my responsibility. >> You bought a ticket. Now you've got to see the show. >> The people do not oppose the motion, your honor. >> Of course, you don't oppose it. If she walks, the only one who gets hurt is the defendant. >> I assure you that did not influence my decision. >> Prosecutor with a heart. Mm- That's sweet. If I grant her motion, all you've got to do is tell the jury that Mr. Bruner's first attorney resigned. >> The big inference they'll draw from that is that he's guilty, and she knew it. Miss Sheets's prior involvement in the case wouldn't be relevant at trial. >> So you say now. >> Okay. Tell me why. >> I cannot represent Mr. Bruner with the zealousness required by the cannons of ethics. >> Tell me why. >> Council assured me that defending Mr. Bruner would in and of itself be a violation of the cannons. I asked her. >> For obvious reasons, I can't be specific. >> And what does your client think of this? >> I doubt he'll oppose. Put it in writing. >> We'll let legal aid sort out this mess. They don't earn enough to worry about ethics. >> People v. Conroy. Charges murder second degree. >> How does the defendant plead? >> Not guilty on behalf of Mr. Conroy. >> People on bail. >> The defendant is an assistant attorney general in the criminal division. The victim was his former lover and employee. Now, your honor, the people are in possession of a letter dated shortly before the victim's disappearance, which indicates the defendant posed an immediate physical threat to her. >> The letter is totally inadmissible. >> His own psychiatrist will attest to it, your honor. >> Not in any court in this land. Motion to express the so-called Terasoft letter and anything that comes with it. >> Bail set at 1 million. Motions referred to the trial part. Spin the wheel, Louie. >> I followed Mr. Mason's orders. >> Did you follow orders as a cop? Why did you leave the police department? >> Objection. Is it true you resign because >> M Hutton council will approach? >> When he objects, you wait for my ruling. Now, Mr. Talbet wasn't convicted of a crime. Get near that again. You'll regret it. Objection sustained. >> 03. This court can compel Mr. McCoy to perform his duty. >> The decision to prosecute, let alone seek an indictment, is solely within my discretion. >> His refusal to indict Danielle Mason is an abuse of that discretion. Prosecutotorial discretion is absolute. By definition, it can't be abused. >> There are no absolutes in the law, Mr. McCoy. You have a confession. What's the problem? >> The defendant made a claim of self-defense. >> Well, let a trial jury decide if she's credible. Mr. McCoy can make his primmaashi case for murder. I can only see one reason why he hasn't sought an indictment. >> I want a murder conviction as much as you. Calling me a racist. >> Address yourself to me, Mr. McCoy. Your honor, it's up to you to give the victim's family a chance at getting justice. >> With all due respect, your honor, you don't have the authority to force this case before a grand jury. I cite Hammond v. Leonard, Murphy v. >> I don't really care about precedence, Mr. McCoy. I'm granting the petitioner's request and I'm ordering you to seek an indictment. >> Your honor, >> we're done, Mr. McCoy. >> Either you comply or have you removed from the case and cited for contempt. The people versus Theodore Driscoll and Nancy Driscoll. The charges are manslaughter in the second degree and endangering the welfare of a child. >> Are the defendants ready to plead? >> Not 50. >> I'll let you know right up front, Mr. Robinette. I don't see a big bail number here. >> One of the charges, your honor, is manslaughter. >> Yes, I know the seriousness of the crime, but I'm looking at the other factors. Mr. Carpenter, >> your honor, we ask the defendants's release on their own recgnissance. >> Counselor, you know, I can't do that either. >> Bail is set for each defendant at 25,000. >> Your honor, in each trial, I'd simply be arguing from the facts and evidence. And the facts permit the reasonable inference in one case that Teeman shot the victim and then the other that Kershaw did. >> How can he say that two different people fired that bullet? It doesn't make sense. Nothing in the law prevents me from simultaneously arguing different facts to different juries in the same case. >> He's absolutely right. >> It doesn't stand up to logic. >> Welcome to the judicial system. Your honor, how's it going to look? Come on. You let him do this, it's going to undermine public confidence in the court. >> Nothing undermines public confidence like seeing two cold-blooded killers walk free. >> Yes. Yes. Mr. McCoy, Miss Tyrell, Mr. Shatenstein. Regardless of what a logician might think, Mr. McCoy can in fact present two separate and mutually exclusive theories of the crime to two different juries in concurrent trials. In short, your motions denied. >> Your honor, I move to unsever the trials. In light of your decision, our client should be tried jointly. >> Mr. Shatenstein, you have a strange sense of humor. Y'all have a nice day. >> Either you are a brilliant strategist, Mr. Fineman, or you are the biggest jackass ever to set foot in my courtroom. I will allow the change of plea, but please no more surprises. Don't worry, Jack. Your expert can examine the defendant and testify on rebuttal. >> People versus Alberto Napoli, conspiracy to commit murder in the first degree. Murder in the first degree, attempted murder in the first degree. >> Mr. Napoli, a plea. >> My client pleads not guilty, your honor. >> People on bail. >> Remand, your honor. >> Your honor, that's inhumane. Mr. Napoli suffered a stroke eight months ago. Now he's under the constant care of his doctor. He should be sent home ro. >> He was healthy enough to order the murders of two witnesses. We want him held while he'll be unable to conduct his criminal activities. >> Your honor, any confinement is tantamount to a death sentence. >> We have many fine doctors on the prison ward at Belleview. Mr. Dobs, the defendant is remanded. I'll allow visits from his personal physician and members of his immediate family. Ah, his uh natural family. Doesn't the Bible tell us not to kill Mrs. Coleman? >> I am already suffering for what I did. >> So now you know what you did was wrong. >> Yes. >> Did you know it was wrong when you woke up that morning? >> Yes. >> Did you know it was wrong when you ate your cereal? >> Yes. >> He's badgering, your honor. >> Sit down and shut up, Mr. Fineman. >> Overruled. And you will address the court from now on. Mr. McCoy, >> opinion testimony by a lay witness on the emotional state of Dina Driscoll. >> Emotional state. You wanted to testify to what the child said. Anyway, that's no exception to hearsay. >> Effect of a verbal act on the parent. Statement not offered for its truth. >> You do want the jury to believe it's the truth. >> No shouting in my chamber. >> Docket number 07549. People v. Randall Bailey. Murder in the second degree. The honorable Barry K. Dillwin presiding. >> All right. You're pleaded, sir. >> Not guilty. >> Uhhuh. >> Are you getting this? >> Judge, there are no cameras allowed in the courtroom. >> Does this look like a courtroom? Are >> are you in pain, Senator? Can we get this man an extra pillow? >> Thank you. I am fine. >> People request remand. The defendant was caught literally red-handed stabbing his daughter to death. >> Well, matter of opinion, your honor. My client is a former US senator and a presidential candidate. He's hardly a flight risk, >> right? And obviously under the weather, I'm not sure we need any bail here. >> You're releasing a man charged with a brutal murder. I'm sure that that'll put the viewing public at ease. >> Upon further consideration, bail is set at $2 million. >> People versus Shane Sutter and Kyle Winters. Rape in the first degree. Let's have a plea. >> Not guilty. Not guilty. >> People request 200,000 for each defendant. >> They're minors, your honor. We ask they be remanded to the custody of their parents. >> Parental control means nothing to them, your honor. They raped a 16-year-old girl while making a pornographic tape at the home of one of the defendants. >> They made a tape of it >> and they sold it. Your honor, >> your honor, the boy's parents are here today. They'll agree to whatever supervision the court stipulates. >> Yes. Well, based on their track record, it seems to me they could use a little incentive. Bail is set at $100,000 for each defendant next. >> You know what that means, Mrs. Coleman? [Music] >> That means you're guilty as sin. >> Objection. >> Withdrawn. >> People v. Sandra Talbat attempted murder in the second degree, assault in the first degree. We plead not guilty and request RO >> for a class A1 felony. >> This was a slip and fall. >> Well, Mr. Goodwin can argue that to a jury. >> Your honor, my client's 9-year-old daughter has static and sephylopathy. She can't move, eat, or go to the bathroom without assistance. My client's husband has to work to support the family. There is no other help. My client needs to be home. >> She put her caretaker in a coma, and now she begs mercy because she has no caretaker. >> You both overshot the mark, counselors. Bail set at 200,000. You're moving to preclude what, Mr. McCoy? >> Any and all evidence that the victim killed her stepmother. >> That fact is highly relevant to Senator Bailey's state of mind at the time he was viciously attacked by his daughter. >> It's neither relevant nor a fact. >> All right, people. I have another concern. I see here that Senator Bailey has a son. >> Do we really want this this young man subjected to the intimate details of his mother's murder in open court? Well, he's already being subjected to endless speculation. Isn't he better off with some closure? >> Chaz Bailey's well-being should have no bearing on this motion. >> Are you that hard-hearted, Mr. McCoy? Maybe closure is the best thing for this poor boy. I'm ruling that Mr. Glover may submit evidence that Trina Bailey killed her stepmother. >> Have you even read our brief, judge? This evidence is highly prejuditial. >> Mr. McCoy, there's a family here drowning in tragedies. What's the right thing to do? Oh, there there there's the the law with a a capital L and there's people, too. Well, I'm not supposed to think about them, but I am thinking about them. >> Judge, I'm going to ask that you recuse yourself from this case. It's clear that your service in surrogates court has not prepared you to preside over a murder case. I'm not prepared. Well, now I am insulted and you are denied. >> Mr. McCoy, >> I can't do it, Ben. The evidence cuts both ways. >> It is within your discretion. So, the people request the manslaughter comps not be submitted to the jury. >> You drop manslaughter and the jury convicts on murder, automatic appeal. >> Not if you don't object. >> I am representing Mrs. Cullen. If the jury believes her and the manslaughter cops are gone, she goes home tomorrow afternoon. >> If he accepts this, Ben, I'm going to make it absolutely clear. They must believe beyond a centilla of doubt that she committed premeditated murder or they quit. >> Beyond a cintillaa, >> a mini cintillaa. Let the record reflect that this arraignment is taking place in the hospital room of Henry Harp owing to Mr. Harp's physical incapacity. Do you wave the reading of the rights and charges? >> Yes, judge. We've made an arrangement with the district attorney. >> The people serve notice of intent to seek the death penalty. >> What? >> I gather the death penalty wasn't part of your arrangement. >> We have a written plea agreement for first-degree manslaughter. >> The complaint charges murder in the first degree, kidnapping in the first degree, robbery in the first degree. This is outrageous. Mr. McCoy signed the agreement himself. >> That's very interesting, Ms. Bell, but not my department. Now, the complaint meets statutory requirements. Enter a plea of not guilty. So, he's arraigned. >> People versus Howard Phillips and People versus Estelle Muller. Charges are conspiracy to commit murder in the first degree, attempted murder, and assault in the first degree. >> Please. >> Not guilty. >> Not guilty. This is a case of attempted murder for hire, your honor. Defendant Mueller hired Defendant Phillips, a professional hitman. >> Professional, eh? Well, Mrs. Mueller can use her refund to post bond, >> which would give her an opportunity to finish the job. The people request both defendants held without bail. >> My client's roots are in New York. There's no flight risk. >> I think that's what the people are afraid of. Any arguing, Mr. K? >> My client doesn't oppose remand. >> Well, neither do I. So, what it next? I'm ready to deal with sentencing right now. >> Your honor, please forgive me, but you are required to wait for the pre-sentencing report. >> I'm going to save the Department of Correction some ink. Sit down, Mr. Stone. Mr. Moresy, the statute provides for mandatory incarceration for this crime. How much time have you spent in jail? >> Two days pending bail, your honor. >> Very well. I sentence you to time served and two years probation. >> Your honor, please note my exception and the people intend to appeal. >> Noted and overruled. Court is adjourned. [Music] Heat. Heat. [Music] [Music]