"Justice on Trial" Episode #1.5

1 00:00:06,000 --> 00:00:12,074 Watch Online Movies and Series for FREE www.osdb.link/lm 2 00:00:20,187 --> 00:00:21,480 [alarm blares] 3 00:00:30,531 --> 00:00:34,702 [coins rattling] 4 00:00:43,544 --> 00:00:44,962 [metal banging] 5 00:01:05,065 --> 00:01:06,901 [officer] Dispatch, 8-12 at pool hall. 6 00:01:06,984 --> 00:01:08,778 Signs of forced entry. I'm going in. 7 00:01:13,032 --> 00:01:14,784 Police! Anyone in here? 8 00:01:23,793 --> 00:01:27,170 Dispatch, 8-12. Pool hall clear. Coming out. 9 00:01:27,254 --> 00:01:28,255 Oh! 10 00:01:29,215 --> 00:01:31,050 I heard the sirens, saw the lights and the doors. 11 00:01:31,133 --> 00:01:32,551 Is everything okay? 12 00:01:32,634 --> 00:01:33,886 At 5:30 in the morning? 13 00:01:33,969 --> 00:01:36,555 What can I say, I'm an early riser. 14 00:01:36,639 --> 00:01:38,765 Looks like someone broke in and tripped the alarm. 15 00:01:38,848 --> 00:01:39,892 You see anything? 16 00:01:39,975 --> 00:01:43,145 I did see a guy walking away down the alley a minute ago 17 00:01:43,229 --> 00:01:44,354 with a big coat on. 18 00:01:44,438 --> 00:01:45,606 What kind of coat? 19 00:01:45,689 --> 00:01:47,274 You know, like a big trench coat. 20 00:01:47,358 --> 00:01:49,652 Looked like he was carrying half the bar in it. 21 00:01:49,735 --> 00:01:50,985 Have you ever seen him before? 22 00:01:51,070 --> 00:01:53,113 Sure have. He's a regular, like me. 23 00:01:54,240 --> 00:01:55,658 His name's Clarence Gideon. 24 00:01:58,661 --> 00:02:02,498 I'm Judy Sheindlin. Before I was a judge on TV, 25 00:02:02,581 --> 00:02:05,501 I was a judge in New York City for 15 years 26 00:02:05,584 --> 00:02:08,253 and a lawyer for 17 years before that. 27 00:02:08,336 --> 00:02:10,631 While serving on both sides of the bench, 28 00:02:10,714 --> 00:02:13,551 I learned that justice doesn't always end up feeling... 29 00:02:13,634 --> 00:02:14,885 just. 30 00:02:14,969 --> 00:02:18,597 Sometimes, the impact of one decision by a police officer, 31 00:02:18,681 --> 00:02:22,810 a lawyer, or even a judge, can change the way justice is delivered. 32 00:02:22,893 --> 00:02:23,894 [bangs] 33 00:02:23,978 --> 00:02:27,106 We're going to demonstrate this by taking landmark cases 34 00:02:27,189 --> 00:02:29,817 from actual crimes committed by real people. 35 00:02:29,900 --> 00:02:32,736 And we'll recreate them with our trial lawyers, 36 00:02:32,820 --> 00:02:35,030 and yours truly as the trial judge. 37 00:02:35,114 --> 00:02:37,783 While we're not going to recreate the trials verbatim, 38 00:02:37,867 --> 00:02:40,828 all the court's ultimate decisions are accurate. 39 00:02:40,911 --> 00:02:44,456 It will be up to you to decide whether the case was fair 40 00:02:44,540 --> 00:02:46,500 and the outcome just. 41 00:02:46,584 --> 00:02:49,461 [narrator] Real cases, actual lawyers, 42 00:02:49,545 --> 00:02:51,255 surprising verdicts. 43 00:02:53,549 --> 00:02:55,301 Justice on Trial. 44 00:02:59,847 --> 00:03:04,184 This episode of Justice on Trial focuses on the due process clause 45 00:03:04,268 --> 00:03:07,021 of the 14th Amendment to the Constitution. 46 00:03:07,104 --> 00:03:12,318 And a small crime which would forever changed the legal system in America. 47 00:03:12,401 --> 00:03:17,281 Is it fair for a poor person with no legal training or formal education 48 00:03:17,364 --> 00:03:21,660 be required to defend themselves against criminal charges? 49 00:03:21,744 --> 00:03:25,956 Until 1963, that was the law in this country. 50 00:03:26,040 --> 00:03:30,628 If you were accused of a state crime and couldn't afford an attorney, 51 00:03:30,711 --> 00:03:32,463 you were out of luck. 52 00:03:33,422 --> 00:03:36,341 If you lost, you might be going to jail. 53 00:03:36,425 --> 00:03:39,553 Let's see how defending himself worked out for the man 54 00:03:39,637 --> 00:03:43,682 who was arrested and accused of burglarizing the Florida pool hall, 55 00:03:43,766 --> 00:03:45,100 Clarence Gideon. 56 00:03:50,689 --> 00:03:53,317 Your Honor, I have a question. 57 00:03:53,400 --> 00:03:57,237 Mr. Gideon, you can't just blurt out questions in the middle of court. 58 00:03:57,321 --> 00:03:58,989 We have procedures here. 59 00:03:59,073 --> 00:04:03,243 I'm sorry, Your Honor. That's kind of my point. 60 00:04:03,327 --> 00:04:06,121 I have no idea what I'm doing here. 61 00:04:06,205 --> 00:04:08,666 Can't I get a lawyer to represent me? 62 00:04:08,749 --> 00:04:11,043 Of course you can. We have a list of them, if you'd like. 63 00:04:11,126 --> 00:04:13,754 Well, I can't afford a lawyer. 64 00:04:13,837 --> 00:04:15,297 I thought you could give me one. 65 00:04:15,381 --> 00:04:17,841 Your Honor, Betts v. Brady clearly states... 66 00:04:17,925 --> 00:04:22,179 I am keenly aware of what Betts v. Brady states, counselor. 67 00:04:22,262 --> 00:04:24,014 Mr. Gideon, I'm sorry, 68 00:04:24,098 --> 00:04:27,142 but I cannot appoint counsel to represent you in this case. 69 00:04:27,226 --> 00:04:29,019 Under the laws of the state of Florida, 70 00:04:29,103 --> 00:04:32,231 the only time a court can appoint counsel to represent a defendant 71 00:04:32,314 --> 00:04:35,317 is if that person has been charged with a capital offense. 72 00:04:35,401 --> 00:04:37,444 Like murder, for instance. 73 00:04:37,528 --> 00:04:39,697 Well, that don't seem fair. 74 00:04:39,780 --> 00:04:42,032 I thought the Supreme Court said... 75 00:04:42,116 --> 00:04:45,034 No, Mr. Gideon, the Supreme Court says 76 00:04:45,119 --> 00:04:47,496 in the aforementioned Betts v. Brady case, 77 00:04:47,579 --> 00:04:50,207 that the appointment of counsel is not a fundamental right 78 00:04:50,290 --> 00:04:52,001 of the defendant in a state case 79 00:04:52,084 --> 00:04:55,254 unless the accused is mentally or intellectually incompetent. 80 00:04:55,337 --> 00:04:58,841 Are you mentally or intellectually incompetent, Mr. Gideon? 81 00:04:59,925 --> 00:05:01,218 No, of course not. 82 00:05:01,301 --> 00:05:03,762 Excellent. Let's proceed then, shall we? 83 00:05:12,771 --> 00:05:14,440 Please, state your name. 84 00:05:14,523 --> 00:05:15,691 Henry Cook. 85 00:05:15,774 --> 00:05:18,485 Let me direct your attention to the night of June third, 86 00:05:18,569 --> 00:05:22,322 at approximately 5:30 A.M. Where were you? 87 00:05:22,406 --> 00:05:24,992 I was in the alley next to the Bay Harbor Pool Hall. 88 00:05:25,075 --> 00:05:27,953 Did you notice anything unusual at that time? 89 00:05:28,037 --> 00:05:32,041 Yeah. I, uh, noticed a guy walking down the alley, 90 00:05:32,124 --> 00:05:37,171 kinda quick, with a big overcoat on and a bunch of bottles sticking out of it. 91 00:05:37,254 --> 00:05:41,258 Can you identify the person you saw here in this courtroom? 92 00:05:41,341 --> 00:05:43,343 Yeah. That guy over there. 93 00:05:43,427 --> 00:05:44,887 Clarence Gideon. 94 00:05:44,970 --> 00:05:46,096 Objection. 95 00:05:46,180 --> 00:05:47,765 On what grounds? 96 00:05:47,848 --> 00:05:50,267 -I didn't do it. He's lying. -[snorts] 97 00:05:50,350 --> 00:05:53,812 Mr. Gideon, that is not the basis for an objection. 98 00:05:53,896 --> 00:05:57,775 If you continue these outbursts, I will find you in contempt of court. 99 00:05:57,858 --> 00:05:59,359 Strike that from the record. 100 00:05:59,443 --> 00:06:00,861 Let's proceed. 101 00:06:00,944 --> 00:06:03,864 Thank you, Your Honor. What happened next, Mr. Cook? 102 00:06:03,947 --> 00:06:07,868 [Henry] I saw Gideon get into a cab driven by Preston Bray. 103 00:06:07,951 --> 00:06:10,496 It was then that I noticed an alarm bell was ringing. 104 00:06:10,579 --> 00:06:12,915 I followed the sound to the front of the pool hall, 105 00:06:12,998 --> 00:06:15,501 and I saw the door was all busted up. 106 00:06:15,584 --> 00:06:17,961 I was about to go into the bar to have a look-see, 107 00:06:18,045 --> 00:06:19,171 when the cop came out. 108 00:06:19,254 --> 00:06:21,423 This was Officer Duell Pitts? 109 00:06:21,507 --> 00:06:24,343 Yes, that's right. I told him everything I saw. 110 00:06:24,426 --> 00:06:26,386 No further questions, Your Honor. 111 00:06:27,596 --> 00:06:30,891 Do you wish to cross-examine the witness, Mr. Gideon? 112 00:06:30,974 --> 00:06:32,433 Yes, Your Honor. 113 00:06:32,518 --> 00:06:35,938 So, 5:30 in the morning it was pretty dark, right? 114 00:06:36,021 --> 00:06:37,606 Objection. Leading the witness. 115 00:06:37,689 --> 00:06:39,024 [Judge] Sustained. 116 00:06:39,108 --> 00:06:42,152 Mr. Gideon, you can't have the answers you want in your questions. 117 00:06:42,236 --> 00:06:44,780 Okay. Uh... [clears throat] 118 00:06:46,657 --> 00:06:48,992 How dark was it? 119 00:06:49,076 --> 00:06:51,203 It was light enough to see you. 120 00:06:54,706 --> 00:06:55,957 How do you know it was me? 121 00:06:56,041 --> 00:06:58,836 I've spent enough time around you in the pool hall, I know how you walk. 122 00:06:58,919 --> 00:07:00,337 And the hair color matches too. 123 00:07:00,420 --> 00:07:02,714 Well, a lot of people have brown hair. 124 00:07:02,798 --> 00:07:04,424 Objection. Not a question. 125 00:07:04,508 --> 00:07:07,678 Sustained. You can't make statements, Mr. Gideon. 126 00:07:07,761 --> 00:07:10,097 You have to interview the witness with questions. 127 00:07:12,599 --> 00:07:16,979 Are you positive you saw me and not someone else? 128 00:07:17,980 --> 00:07:19,231 Positive. 129 00:07:20,440 --> 00:07:21,984 [Clarence groans] 130 00:07:22,067 --> 00:07:23,944 Do you have any further questions, Mr. Gideon? 131 00:07:24,027 --> 00:07:26,905 Any questions I ask him, he's just gonna say it was me. 132 00:07:26,989 --> 00:07:28,323 Objection. 133 00:07:28,407 --> 00:07:30,450 Forget it. No further questions. 134 00:07:35,164 --> 00:07:36,248 How's it going, Pres? 135 00:07:36,331 --> 00:07:37,416 Good, man. 136 00:07:37,499 --> 00:07:41,295 Good. You work as a cab driver, right? 137 00:07:41,378 --> 00:07:42,838 Yep, that's right. 138 00:07:42,921 --> 00:07:45,340 And I ride in your cab a lot, right? 139 00:07:45,424 --> 00:07:47,176 Objection. Leading the witness. 140 00:07:47,259 --> 00:07:49,094 Sustained. Mr. Gideon... 141 00:07:49,178 --> 00:07:50,846 Got it, got it, Judge. 142 00:07:50,929 --> 00:07:53,223 How often do I ride in your cab? 143 00:07:53,307 --> 00:07:56,143 I'd say at least four to five times a week. 144 00:07:56,226 --> 00:07:58,312 And that doesn't count the times we end up back at my place 145 00:07:58,395 --> 00:07:59,897 having coffee after work, so. 146 00:07:59,980 --> 00:08:04,443 So, you would know if there was anything out of the ordinary with me, right? 147 00:08:04,526 --> 00:08:06,653 Yes, definitely. 148 00:08:06,737 --> 00:08:11,909 And was there anything out of the ordinary on the early morning of June third? 149 00:08:11,992 --> 00:08:15,787 Nope. I didn't see anything out of the ordinary. 150 00:08:15,871 --> 00:08:19,750 And did you see wine bottles sticking out of my jacket? 151 00:08:19,832 --> 00:08:21,168 [laughs] No. 152 00:08:21,251 --> 00:08:24,129 No, I definitely didn't see anything like that. 153 00:08:26,048 --> 00:08:27,674 No further questions. 154 00:08:31,720 --> 00:08:34,556 Mr. Bray, is it fair to say 155 00:08:34,640 --> 00:08:38,434 that you and Clarence Gideon are friends? 156 00:08:38,518 --> 00:08:41,104 [snorts] Yes, that's fair to say. 157 00:08:42,397 --> 00:08:45,108 Were you aware that your friend was arrested and charged 158 00:08:45,192 --> 00:08:49,071 with a very serious felony of burglary of the Bay Harbor Pool Hall? 159 00:08:49,154 --> 00:08:50,781 Uh-huh, yeah. 160 00:08:50,864 --> 00:08:53,825 And did your friend tell you he needed your help today? 161 00:08:53,909 --> 00:08:54,952 Yes. 162 00:08:55,035 --> 00:08:56,579 [attorney] He was gonna call you as a witness. 163 00:08:56,662 --> 00:08:57,871 Obviously, yes. 164 00:08:57,955 --> 00:09:01,375 Hm. So, if you had testified that you had seen your friend 165 00:09:01,458 --> 00:09:04,461 with a bunch of wine bottles sticking out of his overcoat, 166 00:09:04,544 --> 00:09:08,590 it'd probably be, uh, pretty bad for his case. 167 00:09:08,674 --> 00:09:10,092 Right? 168 00:09:10,175 --> 00:09:12,177 Any objections, Mr. Gideon? 169 00:09:13,178 --> 00:09:14,930 Um, no. 170 00:09:18,558 --> 00:09:21,186 You may answer, Mr. Bray. 171 00:09:21,270 --> 00:09:23,272 I guess it wouldn't help his case, no. 172 00:09:23,355 --> 00:09:25,274 One more question. 173 00:09:25,357 --> 00:09:29,778 What did Clarence Gideon say to you when he got into your cab that night? 174 00:09:29,861 --> 00:09:33,198 [clears throat] Well, he... he said 175 00:09:33,282 --> 00:09:35,492 not to tell anyone that I had seen him that night. 176 00:09:35,575 --> 00:09:36,827 -But... -No further questions. 177 00:09:42,457 --> 00:09:44,084 Any redirect, Mr. Gideon? 178 00:09:45,419 --> 00:09:46,837 Redirect, Your Honor? 179 00:09:46,920 --> 00:09:50,257 Yes, you are allowed to briefly further question the witness, if you wish. 180 00:09:51,383 --> 00:09:53,677 Um, no, thank you, Judge. 181 00:09:57,681 --> 00:09:59,141 [gavel bangs] 182 00:10:00,684 --> 00:10:03,770 Mr. Gideon, do you have any other witnesses to call? 183 00:10:03,854 --> 00:10:05,272 No, Your Honor. 184 00:10:05,355 --> 00:10:08,191 You are not going to testify on your own behalf? 185 00:10:08,275 --> 00:10:10,652 Would that guy get to question me too? 186 00:10:11,903 --> 00:10:12,946 Yes, he would. 187 00:10:13,030 --> 00:10:15,782 Then no, definitely not, Your Honor. 188 00:10:17,909 --> 00:10:20,245 [Judge] Has the jury reached a verdict? 189 00:10:20,329 --> 00:10:21,538 We have, Your Honor. 190 00:10:21,621 --> 00:10:22,622 [Judge] What say you? 191 00:10:24,750 --> 00:10:27,169 [Foreman] To the count of felony burglary, 192 00:10:27,252 --> 00:10:29,963 we the jury, find the defendant, Clarence Gideon... 193 00:10:31,214 --> 00:10:32,507 guilty. 194 00:10:34,718 --> 00:10:35,927 [sighs] 195 00:10:41,475 --> 00:10:45,520 As you've seen, having to defend himself didn't work out very well 196 00:10:45,604 --> 00:10:49,358 for Clarence Gideon, and he was sentenced to five years in prison. 197 00:10:49,441 --> 00:10:52,986 But despite having only an eighth grade education, 198 00:10:53,070 --> 00:10:55,489 he came up with a legal argument for an appeal 199 00:10:55,572 --> 00:10:57,783 to the Supreme Court of the United States. 200 00:11:00,786 --> 00:11:04,122 [Clarence] To whom it may concern... 201 00:11:04,206 --> 00:11:09,711 I've been reading the Constitution while in prison, 202 00:11:09,795 --> 00:11:13,715 particularly, the 14th Amendment. 203 00:11:13,799 --> 00:11:16,843 It says in there that no state 204 00:11:16,927 --> 00:11:20,972 can deny me due process 205 00:11:21,056 --> 00:11:25,060 without equal protection of the law. 206 00:11:25,143 --> 00:11:29,231 Well, I'm a man who wasn't able to afford a lawyer, 207 00:11:29,314 --> 00:11:32,776 and they told me I couldn't have one. 208 00:11:32,859 --> 00:11:35,779 So, I had to represent myself. 209 00:11:36,863 --> 00:11:40,909 That doesn't seem like equal protection to me. 210 00:11:40,992 --> 00:11:44,496 I should get due process, even if I'm poor, right? 211 00:11:44,579 --> 00:11:48,458 Now, I'm doing five years for a crime I didn't commit. 212 00:11:49,709 --> 00:11:53,171 And I'll bet a good lawyer would've proven I'm innocent. 213 00:11:53,255 --> 00:11:59,010 Can you help me? Signed, a fellow American, Clarence Gideon. 214 00:12:01,096 --> 00:12:03,598 The Supreme Court agreed to hear Gideon's argument 215 00:12:03,682 --> 00:12:06,268 that his conviction was unconstitutional. 216 00:12:06,351 --> 00:12:10,772 Remember, though, the Supreme Court had already ruled Betts v. Brady 217 00:12:10,856 --> 00:12:14,151 about 20 years earlier that in most cases, 218 00:12:14,234 --> 00:12:17,988 states did not have to provide an attorney for those who couldn't afford one. 219 00:12:18,071 --> 00:12:20,740 We're going to use our attorneys and our judges 220 00:12:20,824 --> 00:12:25,328 to show you how the question was answered for Clarence Gideon. 221 00:12:27,205 --> 00:12:29,875 -Mr. Bakman, you may proceed. -[Bakman] Thank you, Your Honor. 222 00:12:29,958 --> 00:12:33,295 Our system of criminal justice 223 00:12:33,378 --> 00:12:36,339 differs from every other country in the world 224 00:12:36,423 --> 00:12:39,134 because one, we have a presumption of innocence, 225 00:12:39,217 --> 00:12:44,347 and two, we have a guarantee of a fair trial. 226 00:12:44,431 --> 00:12:48,018 And the way we guarantee that precept is 227 00:12:48,101 --> 00:12:53,023 we don't refuse criminal defense counsel 228 00:12:53,106 --> 00:12:59,112 to a poor person, and set them loose in a courtroom, representing themselves, 229 00:12:59,196 --> 00:13:03,533 when there is a seasoned prosecutor on the other side. 230 00:13:03,617 --> 00:13:05,744 That's what happened to Clarence Gideon. 231 00:13:05,827 --> 00:13:09,831 If in fact, we want to stand by our Bill of Rights, 232 00:13:09,915 --> 00:13:15,545 which guarantees the right to an attorney in a criminal case, 233 00:13:15,629 --> 00:13:19,382 then it's time to do away with Betts v. Brady, 234 00:13:19,466 --> 00:13:23,303 and let all criminal defendants have the right to an attorney 235 00:13:23,386 --> 00:13:28,850 so that they can level the playing field with seasoned prosecutors like this. 236 00:13:28,934 --> 00:13:30,018 Thank you. 237 00:13:30,101 --> 00:13:31,269 Mr. Mentzer. 238 00:13:31,353 --> 00:13:35,774 Thank you, Your Honor. This very court decided this very issue 239 00:13:35,857 --> 00:13:37,526 in the case of Betts v. Brady. 240 00:13:37,609 --> 00:13:43,114 And this court decided that yes, a criminal defendant accused of a crime 241 00:13:43,198 --> 00:13:46,868 does deserve to have a lawyer paid for by the state 242 00:13:46,952 --> 00:13:48,453 if he can't afford one himself. 243 00:13:48,537 --> 00:13:53,625 However, the court was mindful of the overwhelming burden 244 00:13:53,708 --> 00:13:57,170 that the taxpayer would have if every single defendant 245 00:13:57,254 --> 00:14:01,508 accused of a crime had a lawyer paid for him by the state, 246 00:14:01,591 --> 00:14:04,219 and they decided that there were certain cases 247 00:14:04,302 --> 00:14:08,598 that would not have the protection of a lawyer paid for by the state. 248 00:14:08,682 --> 00:14:11,935 There were checks in place to ensure that a criminal defendant 249 00:14:12,018 --> 00:14:14,896 who couldn't afford a lawyer would still have a fair trial. 250 00:14:14,980 --> 00:14:19,985 This is the very type of a case that did not guarantee a defendant 251 00:14:20,068 --> 00:14:22,571 a right to a lawyer paid for by the state. 252 00:14:22,654 --> 00:14:26,324 And that's why I'm gonna ask this court to uphold that verdict 253 00:14:26,408 --> 00:14:29,578 and not place the heavy burden on the taxpayer 254 00:14:29,661 --> 00:14:32,789 that Mr. Bakman is asking this court to do. 255 00:14:32,872 --> 00:14:35,542 -Thank you. -Thank you, counsel. Judge Levy? 256 00:14:35,625 --> 00:14:37,335 Thank you. Mr. Mentzer, 257 00:14:37,419 --> 00:14:41,256 checks and balances is what you just told us were in place 258 00:14:41,339 --> 00:14:44,968 according to this court's decision in Betts v. Brady 259 00:14:45,051 --> 00:14:48,638 to the extent that a criminal defendant was unable to successfully defend himself. 260 00:14:48,722 --> 00:14:50,932 That there were checks and balances, 261 00:14:51,016 --> 00:14:54,436 and that the trial judge would be able to help. 262 00:14:54,519 --> 00:14:55,604 That is correct. 263 00:14:55,687 --> 00:14:57,897 I will tell you, I don't know about my colleagues, 264 00:14:57,981 --> 00:15:02,777 but my review of the trial below, suggested anything other 265 00:15:02,861 --> 00:15:06,072 than a trial judge trying to help out Mr. Gideon 266 00:15:06,156 --> 00:15:10,201 who, with an eighth grade education presented no theory of defense, 267 00:15:10,285 --> 00:15:14,080 challenged no jurors, and conducted, at best, 268 00:15:14,164 --> 00:15:18,376 a limited cross-examination of the number one eyewitness. 269 00:15:18,460 --> 00:15:21,588 And what is your job as a prosecutor? 270 00:15:21,671 --> 00:15:22,881 To present the evidence. 271 00:15:22,964 --> 00:15:26,259 Your role, sir, is to seek justice. 272 00:15:26,343 --> 00:15:29,679 And in your role as a prosecutor in seeking justice, 273 00:15:29,763 --> 00:15:34,142 would you agree that it would be more likely that justice is served 274 00:15:34,225 --> 00:15:37,771 when a criminal defendant with an eighth grade education 275 00:15:37,854 --> 00:15:41,816 is provided with a lawyer to help him present his case? 276 00:15:41,900 --> 00:15:45,820 I would agree that the likelihood of getting a better defense 277 00:15:45,904 --> 00:15:48,573 is higher with a defense lawyer. 278 00:15:48,657 --> 00:15:50,825 But there are other issues at play here, Judge. 279 00:15:50,909 --> 00:15:54,287 It seems to me that you would rather the taxpayer just open up his wallet 280 00:15:54,371 --> 00:15:58,040 any time some habitual career criminal wants to commit crimes, 281 00:15:58,124 --> 00:16:00,418 he snaps his fingers, you're gonna pay for another lawyer. 282 00:16:00,502 --> 00:16:03,421 Well, I'm looking at that. I'm looking at the Sixth Amendment right now, 283 00:16:03,505 --> 00:16:06,716 and the Sixth Amendment guarantees the right to counsel. 284 00:16:06,800 --> 00:16:08,051 You agree with that, yes? 285 00:16:08,134 --> 00:16:10,804 The Sixth Amendment guarantees the right to counsel in federal court. 286 00:16:10,887 --> 00:16:12,722 So, what you're really saying, Mr. Mentzer, 287 00:16:12,806 --> 00:16:14,474 is that this is a state law case. 288 00:16:14,557 --> 00:16:18,728 Is that the US Supreme Court has no business 289 00:16:18,812 --> 00:16:22,065 telling the state of Florida what a fair trial looks like. 290 00:16:22,148 --> 00:16:23,566 -Yes. -[Adam] Thank you. 291 00:16:23,650 --> 00:16:25,777 -Mr. Bakman. -[Bakman] Yes, Your Honor. 292 00:16:25,860 --> 00:16:29,239 Please explain. Why do you believe that this court 293 00:16:29,322 --> 00:16:31,908 should overrule Betts v. Brady? 294 00:16:31,991 --> 00:16:34,536 Because due process, 295 00:16:34,619 --> 00:16:38,748 as applied to the states through the 14th Amendment 296 00:16:38,832 --> 00:16:43,878 requires the right to counsel. Denial of the right to counsel 297 00:16:43,962 --> 00:16:48,800 for all classes of crimes in state court is discriminatory. 298 00:16:48,883 --> 00:16:51,511 [Adam] So, what you're saying is that the due process 299 00:16:51,594 --> 00:16:54,305 that would otherwise apply in the federal system, 300 00:16:54,389 --> 00:16:57,350 should likewise apply in the state of Florida where Mr. Mentzer is from? 301 00:16:57,434 --> 00:17:02,439 Absolutely, Your Honor, and anything other than that shocks the conscience. 302 00:17:02,522 --> 00:17:07,152 In order to enforce the Constitution of the United States 303 00:17:07,234 --> 00:17:12,365 if counsel is necessary to guarantee those rights, 304 00:17:12,449 --> 00:17:15,952 then the individual should have the right to appointed counsel. 305 00:17:16,035 --> 00:17:18,371 Thank you. I have nothing further. 306 00:17:18,454 --> 00:17:21,499 -Thank you. Mr. Mentzer. -Yes, Judge. 307 00:17:21,583 --> 00:17:25,878 You raised an issue before, and that is that state defendants 308 00:17:25,962 --> 00:17:28,882 don't have the same rights as those charged in a federal court. 309 00:17:28,965 --> 00:17:30,884 And that's your position in here. 310 00:17:30,967 --> 00:17:34,846 My position is more of a financial scale argument, 311 00:17:34,929 --> 00:17:38,057 where we should provide a lawyer 312 00:17:38,141 --> 00:17:42,604 to criminally indigent criminal defendants in most cases. 313 00:17:42,687 --> 00:17:45,064 But not all cases. Where does it end? 314 00:17:45,148 --> 00:17:50,278 It may not end, provided that when someone's life and liberty are at stake, 315 00:17:50,361 --> 00:17:55,158 that we give them what they need in order to protect and defend it. 316 00:17:55,241 --> 00:17:58,453 And yes, I get it. There's an expense in all of this. 317 00:17:58,536 --> 00:18:01,164 And so, with that expense, where does the balance end? 318 00:18:01,247 --> 00:18:02,666 It should end right in the beginning. 319 00:18:02,749 --> 00:18:07,462 The balance weighs in favor of your life and your liberty, Mr. Mentzer. 320 00:18:07,545 --> 00:18:09,756 So, I'm gonna ask Mr. Bakman a couple questions. 321 00:18:09,839 --> 00:18:11,758 Why don't you have a seat. Mr. Bakman? 322 00:18:11,841 --> 00:18:14,219 Do you know of clients that have been incarcerated 323 00:18:14,302 --> 00:18:16,596 -after a conviction after trial? -Yes. 324 00:18:16,679 --> 00:18:18,473 Do a number of them spend time in prison 325 00:18:18,556 --> 00:18:20,934 awaiting the decision to have their case reversed? 326 00:18:21,017 --> 00:18:22,310 -Yes. -[Patricia] Okay. 327 00:18:22,393 --> 00:18:26,689 And that being the case, then their life and liberty is being taken from them 328 00:18:26,773 --> 00:18:29,108 while their incompetence to represent them self 329 00:18:29,192 --> 00:18:31,319 is being reviewed by an appellate court. 330 00:18:31,402 --> 00:18:34,197 That's what would happen based on Mr. Mentzer's position. 331 00:18:34,280 --> 00:18:35,573 Would that be correct or not? 332 00:18:35,657 --> 00:18:39,577 Correct, Your Honor. It would be a shock to the justice system. 333 00:18:39,661 --> 00:18:41,704 [Patricia] Can we extend that Sixth Amendment right 334 00:18:41,788 --> 00:18:44,249 to individuals who cannot afford counsel 335 00:18:44,332 --> 00:18:47,460 and are charged in the state court with a crime? 336 00:18:47,544 --> 00:18:52,507 To not do so, Judge, it would serve as a grave injustice 337 00:18:52,590 --> 00:18:56,594 to these poor individuals who cannot afford counsel 338 00:18:56,678 --> 00:18:58,388 but want counsel. 339 00:18:58,471 --> 00:19:00,849 I think that based on what we've discussed here, 340 00:19:00,932 --> 00:19:02,309 I don't have any further questions. 341 00:19:02,392 --> 00:19:03,935 -Thanks, Your Honor. -Thank you, Mr. Bakman. 342 00:19:04,018 --> 00:19:06,271 Mr. Bakman, please, remain where you are. 343 00:19:06,354 --> 00:19:10,859 What are the limits of the process that are required here? 344 00:19:10,942 --> 00:19:14,362 Because part of a lawyer's duty to represent 345 00:19:14,445 --> 00:19:18,366 means doing factual investigation, hiring experts. 346 00:19:18,449 --> 00:19:20,827 Perhaps, in some jurisdictions, 347 00:19:20,910 --> 00:19:24,414 counsel might be well advised to hire a jury consultant. 348 00:19:24,497 --> 00:19:26,332 Depending on the case, absolutely. 349 00:19:26,416 --> 00:19:28,376 So, I just want to be clear about your argument. 350 00:19:28,459 --> 00:19:32,380 Your argument is that these additional expenses 351 00:19:32,463 --> 00:19:35,425 should be incurred, the Constitution requires them, 352 00:19:35,508 --> 00:19:38,970 irrespective of the impact on American taxpayers. 353 00:19:39,053 --> 00:19:42,640 Law-abiding folks have just got to suck it up. Is that your position? 354 00:19:42,724 --> 00:19:46,394 It is my position in a direct answer. But I'd like to explain. 355 00:19:46,477 --> 00:19:47,562 Please. 356 00:19:47,645 --> 00:19:51,983 Again, I go back to the concept of our criminal justice system. 357 00:19:52,066 --> 00:19:57,113 And that is, let's ensure that the playing field is level. 358 00:19:57,196 --> 00:20:01,034 So that truly innocent people are not... 359 00:20:01,117 --> 00:20:03,870 Ah-ah-ah, it doesn't just apply to truly innocent people. 360 00:20:03,953 --> 00:20:08,416 So, what you're essentially saying is that there might be some innocent folks. 361 00:20:08,499 --> 00:20:14,505 But taxpayers, you must assume the burden of a full and complete defense 362 00:20:14,589 --> 00:20:19,510 for whatever poor child molester, poor murderer, 363 00:20:19,594 --> 00:20:24,057 indigent person who has killed and harmed communities, 364 00:20:24,140 --> 00:20:25,391 we still have to pay for that. 365 00:20:25,475 --> 00:20:31,481 If the taxpayer wants to live in a country where there are Constitutional guarantees, 366 00:20:31,564 --> 00:20:33,775 then they're going to have to pay for it. 367 00:20:33,858 --> 00:20:36,819 I appreciate your candor and being so straightforward about your position. 368 00:20:36,903 --> 00:20:38,279 -Thank you, Mr. Bakman. -Thank you. 369 00:20:38,363 --> 00:20:39,822 -[Tanya] Mr. Mentzer, please. -Yes. 370 00:20:41,324 --> 00:20:43,785 Indulge me. What does due process mean to you? 371 00:20:43,868 --> 00:20:48,039 It means that before someone could take away your life or your liberty, 372 00:20:48,122 --> 00:20:51,501 that you have to have a system in place to ensure that it was done properly. 373 00:20:51,584 --> 00:20:55,421 And that system in place includes certain key protections 374 00:20:55,505 --> 00:20:58,591 that are fundamental to the American notion of a fair trial. 375 00:20:58,675 --> 00:20:59,884 -Yes? -I would agree with that. 376 00:20:59,968 --> 00:21:02,804 The right to read what the other side says about you. 377 00:21:02,887 --> 00:21:05,848 Yes. But that's not all the evidence in a criminal case. 378 00:21:05,932 --> 00:21:07,809 Let me ask this: What if you are illiterate 379 00:21:07,892 --> 00:21:11,020 as roughly 14% of the American population is? 380 00:21:11,104 --> 00:21:13,314 What does due process mean to those folks? 381 00:21:13,398 --> 00:21:15,441 That would be a special circumstances 382 00:21:15,525 --> 00:21:17,902 that would require the state to pay for a lawyer 383 00:21:17,986 --> 00:21:20,947 for an illiterate defendant charged with a case. 384 00:21:21,030 --> 00:21:24,951 What is the difference between absolute illiteracy and functional illiteracy? 385 00:21:25,034 --> 00:21:27,120 What if someone can only read to a third grade level? 386 00:21:27,203 --> 00:21:31,207 I don't believe an eighth-grade education doesn't preclude Clarence Gideon 387 00:21:31,290 --> 00:21:34,335 from knowing that the acquaintance is saying, I saw you... 388 00:21:34,419 --> 00:21:37,755 I will respectfully submit to you, sir, that I bet you like your odds 389 00:21:37,839 --> 00:21:41,092 against illiterate people. I have nothing further for you, sir. 390 00:21:42,719 --> 00:21:45,304 [Patricia] Thank you very much. We're gonna retire to deliberate. 391 00:21:47,640 --> 00:21:52,020 Gideon was charged in a Florida state court with a felony, 392 00:21:52,103 --> 00:21:55,064 appearing without an attorney and without funds. 393 00:21:55,148 --> 00:21:59,944 Mr. Gideon proceeded without counsel, interposed a bare-bones defense, 394 00:22:00,028 --> 00:22:02,488 and was convicted after a jury trial. 395 00:22:02,572 --> 00:22:05,408 The Sixth Amendment of the United States Constitution 396 00:22:05,491 --> 00:22:07,744 provides in pertinent part that a defendant 397 00:22:07,827 --> 00:22:11,748 charged with a capital offense in federal court has a right to counsel. 398 00:22:11,831 --> 00:22:14,876 As clear as its application to the federal courts, 399 00:22:14,959 --> 00:22:17,920 its applicability to state criminal proceedings 400 00:22:18,004 --> 00:22:21,924 has been a continuing source of controversy and litigation. 401 00:22:22,008 --> 00:22:25,845 We cannot emphasize enough how offensive and egregious 402 00:22:25,928 --> 00:22:31,350 to the idea of fundamental fairness it is to continue to allow poor persons 403 00:22:31,434 --> 00:22:36,230 charged with crime to stand alone before the state tribunal 404 00:22:36,314 --> 00:22:39,442 deciding their fate without the benefit of counsel. 405 00:22:39,525 --> 00:22:42,820 We are joined by 22 states as friends of the court 406 00:22:42,904 --> 00:22:47,658 who argue that Betts was an anachronism, and it should be now overruled. 407 00:22:47,742 --> 00:22:52,622 We agree. Precedent, reason, common sense and reflection 408 00:22:52,705 --> 00:22:56,584 require us to recognize that without an attorney, 409 00:22:56,667 --> 00:23:00,588 an accused could likely be signing his own death warrant. 410 00:23:00,671 --> 00:23:05,051 The judgment is reversed and the cause remanded to the trial court of Florida. 411 00:23:06,427 --> 00:23:09,931 So, the Supreme Court struck down Betts v. Brady. 412 00:23:10,014 --> 00:23:14,477 And in doing so, they effectively created the public defender system 413 00:23:14,560 --> 00:23:16,729 we now have in every state. 414 00:23:16,813 --> 00:23:21,025 Today, everyone who's put on trial has the right to an attorney. 415 00:23:21,109 --> 00:23:24,112 Clarence Gideon won his Supreme Court case, 416 00:23:24,195 --> 00:23:27,323 but he still had to go back to court to try to win his freedom... 417 00:23:27,406 --> 00:23:30,743 this time, represented by a lawyer who knew what he was doing. 418 00:23:30,827 --> 00:23:33,079 Now, you get to be the jury. 419 00:23:33,162 --> 00:23:38,167 Watch what happens when the same witness testimony is handled by a savvy attorney. 420 00:23:38,251 --> 00:23:43,714 Then you decide if Clarence Gideon is guilty, or not guilty. 421 00:23:43,798 --> 00:23:46,551 Ladies and gentlemen of the jury, 422 00:23:46,634 --> 00:23:49,387 this is the case of the People of the state of Florida 423 00:23:49,470 --> 00:23:51,973 against Clarence Gideon, the defendant. 424 00:23:52,056 --> 00:23:55,476 The defendant is charged with breaking and entering 425 00:23:55,560 --> 00:24:00,690 into a business, and stealing property while in the course of that break-in. 426 00:24:00,773 --> 00:24:03,818 It is the burden of the People to prove beyond a reasonable doubt 427 00:24:03,901 --> 00:24:06,028 that Mr. Gideon committed those crimes. 428 00:24:06,112 --> 00:24:09,824 At the conclusion of all the evidence, I will give you a jury instruction 429 00:24:09,907 --> 00:24:13,286 and you will be asked to deliberate to determine whether or not 430 00:24:13,369 --> 00:24:15,037 the People have sustained their burden, 431 00:24:15,121 --> 00:24:18,249 which I again repeat, is beyond a reasonable doubt 432 00:24:18,332 --> 00:24:21,794 that the defendant committed the crime of burglary. 433 00:24:21,878 --> 00:24:22,920 Are the People ready? 434 00:24:23,004 --> 00:24:24,463 The People are ready, Your Honor. 435 00:24:24,547 --> 00:24:26,757 -[Judy] Defense ready? -Defense is ready, Your Honor. 436 00:24:26,841 --> 00:24:27,967 Note your appearance. 437 00:24:28,050 --> 00:24:30,178 For the great state of Florida, I'm Dan Mentzer. 438 00:24:30,261 --> 00:24:34,682 And Larry Bakman, on behalf of Clarence Earl Gideon, Your Honor. 439 00:24:34,765 --> 00:24:36,226 You wish to make an opening statement? 440 00:24:36,309 --> 00:24:38,811 -[Mentzer] I do, Your Honor. -You may proceed. 441 00:24:38,895 --> 00:24:42,023 Clarence Gideon is guilty of burglary. 442 00:24:42,106 --> 00:24:45,943 That man sitting right over there broke into the Bay Harbor Pool Room 443 00:24:46,027 --> 00:24:49,864 on June third, in the early morning hours, and he stole property. 444 00:24:49,947 --> 00:24:51,908 The case really is that simple. 445 00:24:51,991 --> 00:24:55,077 Now, whether Mr. Gideon went to trial himself 446 00:24:55,161 --> 00:24:59,290 or whether he has the help of a seasoned defense attorney like Larry Bakman, 447 00:24:59,373 --> 00:25:01,792 he's still guilty of burglary. 448 00:25:01,876 --> 00:25:04,128 And at the end of this case, we're gonna ask you 449 00:25:04,212 --> 00:25:08,966 to examine the evidence and find that man guilty of burglary. Thank you. 450 00:25:09,050 --> 00:25:11,302 Thank you, Mr. Mentzer. Mr. Bakman? 451 00:25:11,385 --> 00:25:15,056 Thank you, Your Honor. This is an opening statement. 452 00:25:15,139 --> 00:25:19,894 Opening statement is really a preview of coming attractions. 453 00:25:19,977 --> 00:25:23,105 And what you're going to see in this trial 454 00:25:23,189 --> 00:25:26,025 is the prosecution's case falling apart. 455 00:25:26,108 --> 00:25:32,114 Their case hinges on really, the testimony of one individual, Henry Cook. 456 00:25:32,198 --> 00:25:35,326 And at the end of the day, I'm going to ask you to return 457 00:25:35,409 --> 00:25:38,120 with a verdict of not guilty in this case, 458 00:25:38,204 --> 00:25:43,125 because the People have failed to prove every element of the offense 459 00:25:43,209 --> 00:25:45,878 beyond a reasonable doubt to a moral certainty. 460 00:25:45,962 --> 00:25:47,046 Thank you. 461 00:25:47,129 --> 00:25:50,549 Thank you, Mr. Bakman. Mr. Mentzer, call your first witness, please. 462 00:25:50,633 --> 00:25:53,010 The prosecution calls Henry Cook. 463 00:25:56,430 --> 00:25:58,599 -You may inquire. -[Mentzer] Thank you, Your Honor. 464 00:25:58,683 --> 00:26:01,644 Mr. Cook, I'm gonna call your attention to June third 465 00:26:01,727 --> 00:26:04,230 at approximately 5:30 A.M. 466 00:26:04,313 --> 00:26:06,440 Where were you at that date at that time? 467 00:26:06,524 --> 00:26:09,318 I was on the street in Bay Harbor, near the Bay Harbor Pool Room. 468 00:26:09,402 --> 00:26:10,987 Did you notice anything unusual 469 00:26:11,070 --> 00:26:13,364 while you were in the vicinity of the Bay Harbor Pool Room? 470 00:26:13,447 --> 00:26:16,701 [Henry] Yes. I actually saw Gideon come out the door of the pool hall. 471 00:26:16,784 --> 00:26:21,080 [Mentzer] What was Mr. Gideon holding, if anything, in his hands, that morning? 472 00:26:21,163 --> 00:26:24,625 He was holding some wine in his hands, and I also had noticed 473 00:26:24,709 --> 00:26:27,878 that his pockets were bulging, but I couldn't see what was inside. 474 00:26:27,962 --> 00:26:32,133 Now, what did you do after seeing Mr. Gideon behind the pool hall 475 00:26:32,216 --> 00:26:34,385 with bulging pockets and wine in his hands? 476 00:26:34,468 --> 00:26:38,472 Well, I noticed he was walking down towards the drugstore, 477 00:26:38,556 --> 00:26:40,474 which after he got into a phone booth. 478 00:26:40,558 --> 00:26:43,394 After a few minutes, he got out of the phone booth. 479 00:26:43,477 --> 00:26:45,271 He waited a little bit, and then a cab drove up. 480 00:26:45,354 --> 00:26:47,231 And he got into the cab and it drove away. 481 00:26:47,315 --> 00:26:50,818 [Mentzer] Now, were you able to observe the cab driver who drove him away? 482 00:26:50,901 --> 00:26:52,987 Yes, it was a gentlemen named Preston Bray. 483 00:27:02,413 --> 00:27:03,873 Hey, Pres. [grunts] 484 00:27:03,956 --> 00:27:05,708 Hey, Clarence, what's up, buddy? 485 00:27:05,791 --> 00:27:10,212 Oh, I had it going tonight at nine-ball. Ran Cook off the table. 486 00:27:10,296 --> 00:27:12,006 Time to celebrate. 487 00:27:12,089 --> 00:27:13,257 [chuckles] Oh, nice. 488 00:27:13,341 --> 00:27:15,509 I'll have some of that in my coffee when I get off. 489 00:27:15,593 --> 00:27:17,845 -[Clarence grunts] -Where to? 490 00:27:17,928 --> 00:27:20,056 Panama City, my man. 491 00:27:20,139 --> 00:27:24,435 Hey, Pres, things are still rocky with me and the old lady. 492 00:27:24,518 --> 00:27:26,937 So, don't tell anyone you seen me tonight, all right? 493 00:27:27,021 --> 00:27:28,356 [Preston] Yeah, I got you. 494 00:27:28,439 --> 00:27:31,567 Why would tonight be any different than any other night, right? 495 00:27:31,650 --> 00:27:33,611 You said it. 496 00:27:33,694 --> 00:27:35,112 -[laughs] -[engine starts] 497 00:27:38,282 --> 00:27:39,909 [Mentzer] Now, what did you do next? 498 00:27:39,992 --> 00:27:42,453 I walked back to the pool room, and I saw it had been broken into. 499 00:27:42,536 --> 00:27:45,206 Did you speak with the officer that showed up that morning 500 00:27:45,289 --> 00:27:47,166 -at the pool room when you were there? -Yes, sir. 501 00:27:47,249 --> 00:27:49,669 -And did you tell him what you saw? -I told him everything I saw. 502 00:27:49,752 --> 00:27:51,629 -[Mentzer] Thank you so much, Mr. Cook. -Thank you. 503 00:27:51,712 --> 00:27:53,172 -Mr. Bakman. -[Bakman] Thanks, Your Honor. 504 00:27:53,255 --> 00:27:58,594 So, Mr. Cook, this isn't your first time testifying to a jury 505 00:27:58,677 --> 00:28:00,721 in a case against my client, is it, sir? 506 00:28:00,805 --> 00:28:02,014 That's correct. 507 00:28:02,098 --> 00:28:07,144 Now, in this particular case, sir, you claim that you happened to be 508 00:28:07,228 --> 00:28:10,022 outside the pool hall at 5:30 in the morning? 509 00:28:10,106 --> 00:28:11,357 -Yes? -Correct. 510 00:28:11,440 --> 00:28:15,945 You had been given a drive by your friends from 60 miles away. 511 00:28:16,028 --> 00:28:19,031 And you all parked in front of the pool hall 512 00:28:19,115 --> 00:28:23,494 instead of being driven two blocks away where you lived. Correct? 513 00:28:23,577 --> 00:28:24,620 Correct. 514 00:28:24,703 --> 00:28:28,874 And the reason your friends and you parked two blocks away from home 515 00:28:28,958 --> 00:28:31,627 was because you're the ones who were stealing from inside the pool hall. 516 00:28:31,710 --> 00:28:33,087 Absolutely not. 517 00:28:33,170 --> 00:28:36,215 [Bakman] Well, the police arrived later that day. 518 00:28:36,298 --> 00:28:40,594 And you claim to have told the police that you had no doubt 519 00:28:40,678 --> 00:28:44,640 that it was Clarence Gideon outside the pool hall. Is that right? 520 00:28:44,723 --> 00:28:45,808 No doubt. 521 00:28:45,891 --> 00:28:48,936 And you in fact lied to the police, did you not, 522 00:28:49,019 --> 00:28:50,855 when you identified my client? 523 00:28:50,938 --> 00:28:52,022 No, I did not. 524 00:28:52,106 --> 00:28:55,860 [Bakman] Well, later that morning, sir, you had a conversation 525 00:28:55,943 --> 00:28:59,697 with the grocer that was nearby the pool hall. Is that right? 526 00:28:59,780 --> 00:29:00,948 Yes, I did. 527 00:29:01,031 --> 00:29:05,744 You had a conversation with Mr. Henderson, the grocer in the area, 528 00:29:05,828 --> 00:29:10,541 and you admitted to Mr. Henderson you weren't sure who you saw 529 00:29:10,624 --> 00:29:13,502 outside the pool hall. Yes or no? 530 00:29:13,586 --> 00:29:15,754 I didn't want to be the talk of the town. 531 00:29:15,838 --> 00:29:20,050 So, the answer to Mr. Henderson's question 532 00:29:20,134 --> 00:29:25,556 as to who you saw outside the pool hall was, "I'm not certain." 533 00:29:25,639 --> 00:29:27,433 Do I have that right? Yes or no? 534 00:29:27,516 --> 00:29:29,310 -Yes, but I said... -[Bakman] Thank you. 535 00:29:29,393 --> 00:29:30,853 Nothing further. 536 00:29:30,936 --> 00:29:32,646 [Judy] You're excused, sir. 537 00:29:33,772 --> 00:29:35,191 Next witness, please. 538 00:29:35,274 --> 00:29:38,110 The prosecution calls Detective Duell Pitts. 539 00:29:38,194 --> 00:29:39,528 You may inquire, Mr. Mentzer. 540 00:29:39,612 --> 00:29:41,989 Thank you, Your Honor. Detective, I'm gonna ask you some questions 541 00:29:42,072 --> 00:29:44,992 about the morning of June third. Were you working that day? 542 00:29:45,075 --> 00:29:48,245 Yes, I was the Detective Investigator on duty that morning, 543 00:29:48,329 --> 00:29:51,624 assigned to investigate any felonies reported on that day. 544 00:29:51,707 --> 00:29:54,710 Were there any felonies reported that day that you investigated? 545 00:29:54,793 --> 00:29:57,713 Yes, I received a call that there was a burglary committed 546 00:29:57,796 --> 00:30:00,841 in the Panama City Bay Harbor area. 547 00:30:00,925 --> 00:30:04,386 What did you observe when you went to the Bay Harbor Pool Room that morning? 548 00:30:04,470 --> 00:30:07,181 The cigarette machine was busted open from the front. 549 00:30:07,264 --> 00:30:11,352 The jukebox machine was also broken into with a money bag lying next to it. 550 00:30:11,435 --> 00:30:13,896 [Mentzer] Detective, did you, in your investigation 551 00:30:13,979 --> 00:30:17,775 conduct an inventory search with the owner of the place, Irish Strickland? 552 00:30:17,858 --> 00:30:20,277 Yes, I spoke with the owner, Irish Strickland. 553 00:30:20,361 --> 00:30:22,863 He gave me a detailed list of what he says was stolen. 554 00:30:22,947 --> 00:30:26,408 What did Irish Strickland tell you was removed from his pool hall that morning? 555 00:30:26,492 --> 00:30:30,246 Twelve bottles of Coke, twelve cans of beer and four fifths of wine. 556 00:30:30,329 --> 00:30:34,625 Did Mr. Strickland tell you that any money was removed from his pool hall? 557 00:30:34,708 --> 00:30:38,462 Yes, he believed that $60 in coins was taken from the jukebox 558 00:30:38,546 --> 00:30:40,422 and $5 in coins from the cigarette machine. 559 00:30:40,506 --> 00:30:43,050 [Mentzer] Detective, were you given some information 560 00:30:43,133 --> 00:30:46,053 -that led you to arrest Clarence Gideon? -[Pitts] Yes. 561 00:30:46,136 --> 00:30:50,933 And when you arrested Mr. Gideon, did you search him incident to that arrest? 562 00:30:51,016 --> 00:30:52,142 Yes. 563 00:30:52,226 --> 00:30:54,728 And did you recover any money from his pockets? 564 00:30:54,812 --> 00:31:00,401 Yes, he had $25.28 in quarters, dimes, nickels and pennies in his pockets. 565 00:31:00,484 --> 00:31:01,819 Thank you, Detective. 566 00:31:01,902 --> 00:31:02,987 Mr. Bakman. 567 00:31:03,070 --> 00:31:05,072 Thanks, Your Honor. So, Detective, 568 00:31:05,155 --> 00:31:07,200 you've been doing this job for awhile, is that right? 569 00:31:07,283 --> 00:31:08,409 Yes, that's correct. 570 00:31:08,492 --> 00:31:12,788 [Bakman] And so, in terms of the person that places my client, Mr. Gideon, 571 00:31:12,871 --> 00:31:16,083 outside the pool hall, that was Henry Cook. Correct? 572 00:31:16,166 --> 00:31:17,293 That's correct. 573 00:31:17,376 --> 00:31:19,461 And tell me. You then, 574 00:31:19,545 --> 00:31:24,425 went to locate my client, Mr. Gideon. Yes? 575 00:31:24,508 --> 00:31:25,551 Yes, that's right. 576 00:31:25,634 --> 00:31:27,720 -[Bakman] You found him at a bar, correct? -That's correct. 577 00:31:27,803 --> 00:31:33,267 And tell me, when you found Mr. Gideon, did he have 12 cans of soda with him? 578 00:31:33,350 --> 00:31:34,435 [Pitts] No, he did not. 579 00:31:34,518 --> 00:31:36,854 -You find any cans of beer with him? -No, I did not. 580 00:31:36,937 --> 00:31:40,774 So, what I want to ask you, Detective, is 581 00:31:40,858 --> 00:31:44,945 apart from Henry Cook's testimony, 582 00:31:45,029 --> 00:31:47,406 you had absolutely no evidence tying my client 583 00:31:47,489 --> 00:31:49,825 to being inside the pool hall. Did you? 584 00:31:51,035 --> 00:31:52,161 No, I did not. 585 00:31:52,244 --> 00:31:53,662 No further questions. 586 00:31:53,746 --> 00:31:55,497 Witness is excused. Thank you very much. 587 00:31:56,874 --> 00:31:58,459 Any other witnesses, Mr. Mentzer? 588 00:31:58,542 --> 00:32:00,586 No, Your Honor, the state of Florida rests. 589 00:32:00,669 --> 00:32:02,504 [Judy] Thank you, sir. Mr. Bakman? 590 00:32:02,588 --> 00:32:05,841 Thank you, Your Honor. I'm gonna call Preston Bray. 591 00:32:05,924 --> 00:32:07,677 -You may inquire. -[Bakman] Thank you, Your Honor. 592 00:32:07,760 --> 00:32:10,513 Mr. Bray, what do you do for a living, if you'd tell the jury, please? 593 00:32:10,596 --> 00:32:11,639 I'm a cab driver. 594 00:32:11,722 --> 00:32:14,933 And do you know Mr. Gideon who's seated to my left? 595 00:32:15,017 --> 00:32:17,311 -[Preston] Yes. -[Bakman] And how do you know him? 596 00:32:17,394 --> 00:32:19,021 Well, I, uh, give him cab rides, 597 00:32:19,104 --> 00:32:21,106 and we have coffee at my place almost every day. 598 00:32:21,190 --> 00:32:25,110 And so, directing your attention to June third. 599 00:32:25,194 --> 00:32:28,781 Did you give Mr. Gideon a cab ride somewhere? 600 00:32:28,864 --> 00:32:30,032 Uh, yes, I did. 601 00:32:30,115 --> 00:32:33,744 All right. So, let me focus on what you observed 602 00:32:33,827 --> 00:32:35,954 when you saw Mr. Gideon that morning. 603 00:32:36,038 --> 00:32:38,248 Did he have any cans of soda with him? 604 00:32:38,332 --> 00:32:39,458 No, he did not. 605 00:32:39,541 --> 00:32:41,835 -[Bakman] Did he have any cans of beer? -Nope. 606 00:32:41,919 --> 00:32:46,548 Did he have a bottle of wine that was partially consumed with him? 607 00:32:46,632 --> 00:32:47,841 No, he did not. 608 00:32:47,925 --> 00:32:53,180 And tell me, did the pants look like they were holding an immense amount of coins? 609 00:32:53,263 --> 00:32:54,682 [chuckles] No. 610 00:32:54,765 --> 00:32:56,350 [Bakman] Mr. Bray, tell the jury, 611 00:32:56,433 --> 00:32:58,727 how were you paid by Mr. Gideon for the cab ride? 612 00:32:58,811 --> 00:33:00,479 With, uh, six quarters. 613 00:33:00,562 --> 00:33:01,605 I have nothing further. 614 00:33:01,689 --> 00:33:03,566 -[Judy] Any questions? -[Mentzer] Oh, yes, Your Honor. 615 00:33:03,649 --> 00:33:06,402 -[Judy] You may inquire. -Thank you, Your Honor. 616 00:33:06,485 --> 00:33:09,697 I just want to make sure I have this straight, Mr. Bray. 617 00:33:09,780 --> 00:33:13,075 This man seated in court, the defendant Clarence Gideon, 618 00:33:13,158 --> 00:33:15,369 -is your close friend? -[Preston] Yes, he is. 619 00:33:15,452 --> 00:33:17,454 Now, you learned that he was charged 620 00:33:17,538 --> 00:33:20,290 with burglarizing the Bay Harbor Pool Room, right? 621 00:33:20,374 --> 00:33:21,500 Mm-hmm, yeah. 622 00:33:21,583 --> 00:33:25,504 And he asked you to testify in court to help him, didn't he? 623 00:33:25,587 --> 00:33:26,839 I assume, yeah. 624 00:33:26,922 --> 00:33:31,343 And knowing that he was accused of leaving the Bay Harbor Pool Room 625 00:33:31,427 --> 00:33:34,388 with a bottle of wine, you knew that by saying 626 00:33:34,471 --> 00:33:37,891 that you didn't see any wine in his hand that you would be of help to him. Right? 627 00:33:37,975 --> 00:33:40,811 Yes. I'm sure that's why he asked me. 628 00:33:40,894 --> 00:33:46,900 And you know that by saying that you didn't see pockets bulging with coins, 629 00:33:46,984 --> 00:33:51,530 that was gonna be helpful testimony to getting your friend Clarence Gideon 630 00:33:51,613 --> 00:33:54,575 -off of this case. Right? -I suppose so, yes. 631 00:33:54,658 --> 00:33:58,954 Your friend Clarence Gideon, before he left your cab that morning said, 632 00:33:59,037 --> 00:34:01,832 "If anyone asks you where you let me off, 633 00:34:01,915 --> 00:34:04,543 you don't know. You haven't seen me." Right? 634 00:34:04,626 --> 00:34:07,629 That's... that's what he said, yeah. 635 00:34:07,713 --> 00:34:09,297 [Mentzer] Thank you, Mr. Bray. 636 00:34:09,380 --> 00:34:10,924 [Bakman] Redirect, Your Honor? 637 00:34:11,007 --> 00:34:12,050 You may inquire. 638 00:34:12,134 --> 00:34:14,303 [Bakman] Thank you, Your Honor. Mr. Bray, I want to ask you, 639 00:34:14,386 --> 00:34:16,679 you've known Mr. Gideon for awhile, have you not? 640 00:34:16,764 --> 00:34:17,764 Oh, yeah. 641 00:34:17,848 --> 00:34:19,725 [Bakman] Would you describe yourself as a good friend? 642 00:34:19,808 --> 00:34:20,851 Very good friend. 643 00:34:20,934 --> 00:34:22,895 [Bakman] And you've been personally present to see 644 00:34:22,978 --> 00:34:26,607 that he and his wife argue over his alcohol use. Is that correct? 645 00:34:26,690 --> 00:34:29,610 Putting it mildly, yeah. That's-that's happened frequently. 646 00:34:29,693 --> 00:34:33,405 So, in reference to the statement you made 647 00:34:33,489 --> 00:34:36,742 attributable to Mr. Gideon when you dropped him off, 648 00:34:36,824 --> 00:34:39,203 how did you interpret that statement? 649 00:34:39,286 --> 00:34:43,373 Yeah, I reckoned it was on account of the trouble he's having with his wife. 650 00:34:44,583 --> 00:34:48,587 Hey, Pres, things are still a little rocky with me and the old lady, 651 00:34:48,670 --> 00:34:51,089 so don't tell anyone you seen me tonight, all right? 652 00:34:51,172 --> 00:34:52,549 [Preston] Yeah, I got you. 653 00:34:52,632 --> 00:34:55,010 Why would tonight be any different than any other night, right? 654 00:34:55,092 --> 00:34:56,386 [Gideon laughs] 655 00:34:56,469 --> 00:34:58,889 I have no further questions. 656 00:34:58,972 --> 00:35:00,307 Mr. Mentzer? 657 00:35:00,390 --> 00:35:05,187 When Mr. Gideon told you right before he left that cab that morning, 658 00:35:05,270 --> 00:35:06,814 "You haven't seen me," 659 00:35:08,148 --> 00:35:10,568 you believed it might've had something to do with his wife, right? 660 00:35:10,651 --> 00:35:11,902 Right, yeah. 661 00:35:11,985 --> 00:35:13,425 [Mentzer] You don't know for certain. 662 00:35:14,738 --> 00:35:16,156 No, but... 663 00:35:16,240 --> 00:35:18,116 [Mentzer] You don't know if he meant to say 664 00:35:18,200 --> 00:35:21,745 you haven't seen me because I just robbed the Bay Harbor Pool Room. 665 00:35:21,829 --> 00:35:24,122 -Objection. Speculation. -[Judy] Sustained. 666 00:35:24,206 --> 00:35:27,543 Anything else? Witness is excused. Thank you very much, sir. 667 00:35:27,626 --> 00:35:29,378 Anything else, Mr. Bakman? 668 00:35:29,461 --> 00:35:32,422 I call Clarence Gideon to the stand. 669 00:35:32,506 --> 00:35:33,799 Take the stand, sir. 670 00:35:41,181 --> 00:35:42,307 You may inquire. 671 00:35:42,391 --> 00:35:44,268 [Bakman] Thank you, Your Honor. Mr. Gideon, 672 00:35:44,351 --> 00:35:48,647 back on June third, sir, did you break into the pool hall? 673 00:35:48,730 --> 00:35:50,065 No, I didn't. 674 00:35:50,148 --> 00:35:53,402 Did you steal money from either of the machines inside the pool hall? 675 00:35:53,485 --> 00:35:54,528 No. 676 00:35:54,611 --> 00:35:58,490 [Bakman] And when you got into Preston Bray's cab, 677 00:35:58,574 --> 00:36:00,284 did you have any bottles of wine? 678 00:36:00,367 --> 00:36:02,369 No. I don't drink wine. 679 00:36:02,452 --> 00:36:04,205 [Bakman] Did you have any cigarettes with you? 680 00:36:04,288 --> 00:36:05,497 [Clarence] No, sir. 681 00:36:05,581 --> 00:36:09,877 Tell me, on the morning of June third, you were arrested. Is that right? 682 00:36:09,960 --> 00:36:11,044 That's correct. 683 00:36:11,128 --> 00:36:15,257 And when you talked to Detective Pitts, and he asked you questions, 684 00:36:15,340 --> 00:36:18,302 you denied stealing any money from the pool hall. 685 00:36:18,385 --> 00:36:20,721 -Of course, I did. -Because you didn't do it, did you? 686 00:36:20,804 --> 00:36:22,014 That's correct. 687 00:36:22,097 --> 00:36:25,601 And to end your testimony before this jury, Mr. Gideon, 688 00:36:25,684 --> 00:36:29,813 tell the jury, sir, how much money did you have on you 689 00:36:29,897 --> 00:36:32,608 when police arrested you that morning? 690 00:36:32,691 --> 00:36:34,776 I had approximately $26. 691 00:36:34,860 --> 00:36:36,737 Where'd you get the $26? 692 00:36:36,820 --> 00:36:38,906 I won it gambling. 693 00:36:38,989 --> 00:36:40,449 That's how you make your money? 694 00:36:40,532 --> 00:36:41,617 Yeah, when I can. 695 00:36:41,700 --> 00:36:45,370 Certainly not by stealing and breaking in to pool halls, is it? 696 00:36:45,454 --> 00:36:46,663 No, sir. Never. 697 00:36:46,747 --> 00:36:47,998 No further questions. 698 00:36:48,081 --> 00:36:49,374 You may inquire, Mr. Mentzer. 699 00:36:49,458 --> 00:36:51,627 Thanks, Your Honor. Mr. Gideon, 700 00:36:51,710 --> 00:36:54,463 you heard Henry Cook say that he saw you 701 00:36:54,546 --> 00:36:57,466 in the vicinity of the Bay Harbor Pool Room 702 00:36:57,549 --> 00:37:01,136 at about 5:30 A.M. on the morning of June third. Correct? You heard that? 703 00:37:01,219 --> 00:37:02,262 Yes. 704 00:37:02,346 --> 00:37:04,723 -[Mentzer] And that was true, correct? -[Clarence] Yes, that's true. 705 00:37:04,806 --> 00:37:08,268 [Mentzer] You heard Henry Cook testify to this jury 706 00:37:08,352 --> 00:37:13,273 that he saw you that morning step into a taxi cab and leave the area. Correct? 707 00:37:13,357 --> 00:37:14,524 Yes, I heard that. 708 00:37:14,608 --> 00:37:18,153 And when Mr. Cook said that, he was also telling the truth, wasn't he? 709 00:37:18,236 --> 00:37:19,237 That was true. 710 00:37:19,321 --> 00:37:21,490 [Mentzer] He even got the cab driver right, didn't he? 711 00:37:21,573 --> 00:37:23,116 Yeah, he did. 712 00:37:23,200 --> 00:37:26,787 In fact, when Henry Cook said that your pockets were bulging, 713 00:37:26,870 --> 00:37:29,623 your pockets were in fact bulging with coins, weren't they? 714 00:37:29,706 --> 00:37:31,500 What do you mean, b-bulging? 715 00:37:31,583 --> 00:37:36,463 Well, you had $26 worth of coins in your two pockets, correct? 716 00:37:36,546 --> 00:37:38,131 Yeah, that's correct, yeah. 717 00:37:38,215 --> 00:37:42,469 But you didn't take those coins from Irish Strickland's pool room, did you? 718 00:37:42,552 --> 00:37:44,638 No, sir, I most certainly did not. 719 00:37:44,721 --> 00:37:46,932 Were you walking down the street with a pocket full of coins 720 00:37:47,015 --> 00:37:49,518 for any particular reason that morning, Mr. Gideon? 721 00:37:49,601 --> 00:37:53,647 Yeah. I don't leave money at my apartment because I don't trust no one. 722 00:37:53,730 --> 00:37:57,109 Now, did you have a steady job at the time you were arrested? 723 00:37:57,192 --> 00:37:58,360 No, I did not. 724 00:37:58,443 --> 00:38:02,030 And it's your testimony that you make the money 725 00:38:02,114 --> 00:38:05,534 that you need to pay the rent by your gambling job. Right? 726 00:38:05,617 --> 00:38:06,952 Most of the time that works. 727 00:38:07,035 --> 00:38:09,871 But as a gambler, sometimes you win, sometimes you lose. Right? 728 00:38:09,955 --> 00:38:11,331 Of course. 729 00:38:11,415 --> 00:38:12,791 [Mentzer] Thank you, Mr. Gideon. 730 00:38:12,874 --> 00:38:14,876 -Anything else? -No further questions. 731 00:38:14,960 --> 00:38:16,169 Witness is excused. 732 00:38:19,006 --> 00:38:20,507 Anything else, Mr. Bakman? 733 00:38:20,590 --> 00:38:22,009 No, Your Honor. The defense rests. 734 00:38:22,092 --> 00:38:24,928 Thank you. People, no rebuttal witnesses? 735 00:38:25,012 --> 00:38:27,640 -No rebuttal, Your Honor. -[Judy] Okay. I'll hear closing arguments. 736 00:38:27,723 --> 00:38:30,058 Mr. Mentzer, you wish to be heard? 737 00:38:30,142 --> 00:38:33,437 Thank you, Your Honor. Here's the news flash here. 738 00:38:33,520 --> 00:38:37,357 Clarence Gideon is still guilty of burglarizing the Bay Harbor Pool Room 739 00:38:37,441 --> 00:38:38,900 on the morning of June third. 740 00:38:38,984 --> 00:38:42,404 Now, I will give it to Mr. Bakman, he made some clever arguments. 741 00:38:42,487 --> 00:38:47,909 Some pretty ridiculous arguments. Like Henry Cook is the real perpetrator. 742 00:38:47,993 --> 00:38:51,371 And if it was Henry Cook, well, where are the proceeds? 743 00:38:51,455 --> 00:38:54,374 Henry Cook's pockets are not filled with coins 744 00:38:54,458 --> 00:38:58,670 that were removed from the cigarette machine and from the jukebox. 745 00:38:58,754 --> 00:39:02,924 Henry Cook didn't have any wine, beer, soda on him either. 746 00:39:03,008 --> 00:39:06,762 Henry Cook is not guilty. In this case, ladies and gentlemen, 747 00:39:06,845 --> 00:39:09,264 the evidence is all there for you. 748 00:39:09,347 --> 00:39:12,768 You have direct evidence from the testimony of Mr. Cook. 749 00:39:12,851 --> 00:39:14,853 You have circumstantial evidence 750 00:39:14,936 --> 00:39:18,774 from a man whose pockets are jam-packed full of coins. 751 00:39:18,857 --> 00:39:22,360 The only thing left for you to do 752 00:39:22,444 --> 00:39:27,532 is to tell this man what he already knows. He's guilty. 753 00:39:29,618 --> 00:39:32,370 Thank you, Mr. Mentzer. Mr. Bakman? 754 00:39:32,454 --> 00:39:36,083 All right, ladies and gentlemen, this is my closing argument. 755 00:39:36,166 --> 00:39:40,629 Mr. Gideon is charged in this case with breaking and entering, 756 00:39:40,712 --> 00:39:44,758 essentially burglarizing the pool hall. 757 00:39:44,841 --> 00:39:48,845 And you have stolen sodas, stolen smokes. 758 00:39:48,929 --> 00:39:52,933 You have wine that was taken and coins that were taken. 759 00:39:53,016 --> 00:39:57,729 Interestingly enough, what did the detective find on my client? 760 00:39:57,813 --> 00:40:01,608 No smokes, no soda, no wine. 761 00:40:01,691 --> 00:40:07,614 There was absolutely nothing, nothing, to put Gideon outside the pool hall. 762 00:40:07,697 --> 00:40:13,662 What you have, or rather, I should say, what the prosecution has, is Cook. 763 00:40:13,745 --> 00:40:16,832 Cook can't be believed. 764 00:40:16,915 --> 00:40:22,045 He stands before you, he testifies from this witness stand, 765 00:40:22,129 --> 00:40:24,089 I saw this guy. 766 00:40:24,172 --> 00:40:27,134 Positive on the identification, folks. 767 00:40:27,217 --> 00:40:31,888 And yet, minutes later, what does he tell the grocer? 768 00:40:31,972 --> 00:40:34,349 "I'm not sure at all." 769 00:40:34,432 --> 00:40:40,397 How do you reconcile those two inconsistent statements? 770 00:40:40,480 --> 00:40:43,942 The best they've got in this case 771 00:40:44,025 --> 00:40:47,946 is the fact that my client had coins in his pocket. 772 00:40:48,029 --> 00:40:52,576 Are you so willing to convict my client of a felony 773 00:40:52,659 --> 00:40:57,038 by discounting his claim, 774 00:40:57,122 --> 00:41:02,794 that he won money from gambling, and accept the word of Henry Cook? 775 00:41:02,878 --> 00:41:04,713 I certainly hope not. 776 00:41:04,796 --> 00:41:10,510 The prosecution has failed to prove this case beyond a reasonable doubt. 777 00:41:10,594 --> 00:41:15,849 And because of that, my client is entitled to a verdict of not guilty. 778 00:41:15,932 --> 00:41:18,602 And that's what I hope you return. Thank you. 779 00:41:20,145 --> 00:41:23,565 Thank you, Mr. Bakman. Members of the jury, 780 00:41:23,648 --> 00:41:27,235 you have now heard all of the evidence in this case. 781 00:41:27,319 --> 00:41:31,698 And this court charges you to now deliberate and to determine 782 00:41:31,781 --> 00:41:36,953 whether the People of the state of Florida have proven beyond a reasonable doubt 783 00:41:37,037 --> 00:41:41,041 that Clarence Gideon committed the crime of burglary. 784 00:41:41,124 --> 00:41:42,751 Thank you. You may retire. 785 00:41:45,587 --> 00:41:46,922 [bailiff] Court, come to order. 786 00:41:47,005 --> 00:41:49,090 The Honorable Judge Judy Sheindlin presiding. 787 00:41:49,174 --> 00:41:51,801 Thank you. The jury has reached a verdict? 788 00:41:51,885 --> 00:41:54,346 Kevin, can you hand me that verdict sheet, please? 789 00:41:59,226 --> 00:42:01,353 Mr. Gideon, would you please rise? 790 00:42:04,564 --> 00:42:07,192 The jury has deliberated. 791 00:42:07,275 --> 00:42:11,112 And at this time, has returned its verdict and finds you... 792 00:42:12,364 --> 00:42:15,408 not guilty of the crime of burglary. 793 00:42:15,492 --> 00:42:18,954 This case is dismissed. You are free to leave, sir. 794 00:42:29,756 --> 00:42:34,177 We now take having an attorney represent us as a basic American right. 795 00:42:34,261 --> 00:42:38,682 But as we've shown, only 60 years ago, it wasn't. 796 00:42:38,765 --> 00:42:42,185 It makes me wonder how many people went to jail 797 00:42:42,269 --> 00:42:46,564 before Clarence Gideon, just because they were poor? 798 00:42:46,648 --> 00:42:51,528 The American justice system is always evolving, not written in stone, 799 00:42:51,611 --> 00:42:56,074 but with an elasticity that strives to make it better. 800 00:42:59,744 --> 00:43:01,746 [theme music playing] 800 00:43:02,305 --> 00:44:02,744 Watch Online Movies and Series for FREE www.osdb.link/lm