from 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. Schwimmer 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. Bruner'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. Harp murdered Mr. Titus. >> Why not? He already knew that Mr. Harp 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. >> Your 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. Oh, the law allows testimony on the relevance of faith. Jury hasn't been asked to judge the truth of that faith. Motion for mist trial denied. We'll resume at 2:00. >> People v. Anthony Bixs charges Grant Lararsson in the second degree forgery in the second degree. >> Mr. Bixs pleads not guilty, your honor. People on bail. >> The defendant altered official state death certificates to facilitate an illegal trade in 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 sea 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's 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. >> Ah, prosecutor with a heart. Mm. Ain't that 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 resigned? Because >> Miss 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 precedents, 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. for 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 guilty. >> Not guilty. >> 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 coldblooded 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 motion is 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. 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 Diana 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 pleased, 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 presidential candidate. is 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 has said 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 Tabat 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 sephilopathy. 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? Well, 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 counts 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 cintillaa 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] Next time. [Music]