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the runaround. she's on the bogota- buenos aires route. why tell me? i know you talked to her. did you take a statement? i've complied with all relevant discovery procedures. whatever she said, if she said it is not discoverable. i don't know what you're up to, mccoy but i'm going to compel you to turn over her statement. knock yourself out. ms. barra's a witness. if she gave mr. mccoy a statement i'm entitled to it. she's not our witness. if mr. billings wants her as his witness he can subpoena her. billings: beside the point. i believe mr. mccoy has a statement that exculpates my client. i don't believe it does, your honor.

mr. mccoy, do you have her statement in writing? yes. may i see it please? thank you. i don't see anything here, mr. billings. i'd like to see it, your honor. i already have. i have made my ruling. your motion to compel is denied. ross: she told us he drank enough booze to float the queen mary. her statement is exculpatory. only if feldman says it is. jack, i know his agenda. what's yours? the maximum penalty for first degree vehicular manslaughter is five to 15 years. he put a girl in a coma, killed three people and he walks away with five years. he isn't even sorry. it isn't justice. neither is concealing evidence. you can get disbarred. that's up to you. this is what i'm going to do. man: we look at a number of factors to determine the force at impact. for example, we know that a human thigh bone

breaks under 1,100 pounds of pressure per square inch. based on your calculations can you tell how fast mr. dressler's car was traveling when it struck mr. lavalle? yes. the car was moving in excess of 30 to 35 miles per hour. what, if any, evidence did you find that mr. dressler tried to avoid hitting his victims? none. there were no skid marks no yaw marks. all three victims were struck head-on. thank you. detective norris isn't it common not to find skid marks in drunk driving accidents? objection. the defendant is not charged with drunk driving. sustained. detective... is it unusual for an intoxicated driver to step on the accelerator when he intended...? objection. sustained. ( sighs ) let's talk reaction times, detective. sober versus intoxicated. sustained. mr. billings... next question. no more questions.

briscoe: the write-up of the interview with ms. young has a t/p/o glitch. the accident was at 6:10-- ray wrote down 16:10. i'll mention it to jack. i think we're done. has he talked to you about this case? mccoy? briefings, witness preps. i don't mean that. you mean, has he said, "this one's for claire kincaid"? no. that guy got 12 months at mount mcgregor. yeah, i know. i pulled the file. you were in the car with her. yeah, i was catching a ride home. claire came down to the bar to pick up mccoy. he'd already split. bad timing all around. listen, this hump dressler i'm keeping them crossed he gets what he deserves.

young: i told him to stop. to help those people. he kept driving. he dropped me off at my apartment. i don't know what he did after that. what, if anything, did he say to you before he left? objection. overruled. please answer, ms. young. he told me that if i said a word to anyone that i'd be as dead as those three people. mccoy: thank you. you said mr. dressler accused you of sleeping with another man and threatened to kill him. does he always behave this way? he's very possessive. but when he's drunk his jealousy's out of control isn't it? it gets worse. he rants and raves he imagines things? yes. because you've never been unfaithful to him, have you? no. so that morning when he screamed and threatened he did so because he was drunk, right? objection. gentlemen.

your honor i'm establishing a pattern of behavior. when my client's drunk he's insanely jealous and delusional. so, conversely, when he's insanely jealous and delusional he's drunk. ms. young is an account supervisor. she's not a behavioral psychologist. my client's state of mind is the crux of my case. then get an expert. your line of questioning's inappropriate. now step back. the jury will disregard the witness' responses to mr. billings in their entirety. i have nothing more, your honor. court's recessed till tomorrow morning. ( gavel pounding ) lucky break. you made your point. man one on all counts. not interested. man one's a good offer. want me to call his lawyer back? your case. your idea. i haven't seen the fear in his eyes yet. schiff: this is people v. dressler you're trying, isn't it? long as we're on the same page.

are you just playing chicken with dressler, jack? because it looks like you and feldman are tag-teaming to commit legal murder. in your opinion. it's not even a fair fight. if dressler had the flight attendant... she didn't force-feed him that scotch-- or steer him into those people. he did that. he punched the accelerator. or he made a mistake. no. anyway that's for the jury to decide. how can they? they don't have the whole story. you're making them accomplices. so i'm wrong because i want an appropriate sentence? instead of 12 months at mount mcgregor? you don't know what you're talking about. you won, jack. just call dressler's lawyer. the discussion's over... i'm not done. i am! this is the district attorney's office! we prosecute criminals! if you could stop thinking like a defense attorney maybe you'd grasp the concept. i know why i'm here. i think you're the one who's forgotten.

the stewardess told me that she ran out of scotch. and i said i'd drink anything. and so she went back into coach and got more. how many drinks had you had by then? twelve. i, uh... i lined the little bottles up on the tray. i counted them. after that i don't remember much. just flashes. uh, susan at the airport... driving on the expressway... i often black out when i drink too much. how about mr. lavalle, mr. galvez and his son-- any recollection of hitting them? no. i wish i could say i did. i'm very sorry i killed them. i swear, i could never kill anyone intentionally.

mr. dressler... you really don't remember anything about that morning? no, i don't. you don't remember getting behind the wheel of your car-- even though your driving privileges had been suspended? no. even though you'd run over a young girl two years ago... and put her in a coma? i told you, i don't remember. so, isn't it possible at some point you decided to speed up and kill mr. lavalle and you just don't remember it? no! how can you be so sure when you don't remember anything? i swear, if i did that i'd remember it. how? you don't even remember killing peter lavalle...

or leon galvez... or max galvez. you don't remember them at all do you? god. i didn't mean to. i was so drunk. i swear. i'm not a monster. please... forgive me. please.

mr. dressler, we have only your word that you drank upwards of 12 scotches on the plane is that right? yes. do you know that you were so drunk that you couldn't sign your own name to a customs declaration form? mr. mccoy, what's the basis for your question? i'm offering people's 43 for identification. let me see it.

i really don't like surprises, mr. mccoy. may i see the evidence your honor? sure. this is the statement you got from the flight attendant. yes. your honor, i have no objection. this statement cannot be authenticated. i'm not admitting it. i'll stipulate to its authenticity, your honor. if mr. mccoy also stipulates that should be enough. mr. mccoy, before we proceed... you are familiar with the provisions of title l are you not? yes, your honor, i am. just asking. excuse me. what was that all about? what's title l? it's what they now call sections 195 and 195.05 of the penal law. official misconduct and obstruction? he just threatened you. that's right.

arigato! we are outta here!

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ense agree to stipulate to the authenticity of people's 43? we certainly do, your honor. mr. mccoy, are the people also prepared to so stipulate? yes, your honor. people's 43 is admitted. go on, mr. mccoy. mr. dressler this is a statement given to the district attorney by gabrielle barra a flight attendant on your flight from rio. she states that she served you 15 drinks. is that an accurate count? i only remember the first 12. she states you slurred your words and spilled a drink on yourself. do you recall that? no. she states you were disoriented-- at one point locking yourself in the washroom and requiring assistance to get out. do you recall that?

no. given this statement is it fair to say that you were so intoxicated as to be unable to think or act rationally? yes. no more questions. i don't know what happened in there. you dismantled your case. i removed the needle from his arm is what happened. the offer is vehicular manslaughter first degree three counts, five to 15. we'll take it. send me the papers. make no mistake, mr. dressler i'll be present for every one of your parole hearings. feldman still has to sign off on this. five years? you think this is just? mccoy: it's what the statute provides. statute. i don't give a damn about the statute. i was presiding over a landmark case. you turned it into an embarrassment.

you made a fool out of me. judge... i had my statements written for a sentencing for the imposition of a death penalty. you give me a plea down to a c-felony. if by some fluke you get elected d.a. you can lobby to rewrite the drunk driving laws. that's cute. this isn't over. i'm not accepting this plea. you're sending the case to the jury. absolutely not. absolutely not? let me warn you. i know the shell game you played with that flight attendant. you either send this case to the jury or you go before the ethics committee. that cuts both ways, judge. no. i have absolute judicial discretion. any ruling i made will hold up to scrutiny anywhere, anyplace anytime, okay? it's not what's on the record, judge. you tipped your hand in front of ms. ross and myself. if you're impugning my judicial... i don't want to hear it. i have no excuse for what i did. neither do you. you accept this plea or i'll go to the ethics committee.

before i impose sentence does the defendant have anything to say? just that i'm sorry, your honor. i'm sorry. i'm just very sorry. pursuant to the plea agreement the court sentences you to a term of not less than five and to no more than 15 years. though i'm bound by statutes this sentence in no way reflects the wanton destruction you inflicted on the families of your victims nor the outrage your crimes aroused in our community. your behavior offends us mr. dressler-- but no more so than the inadequate penalties provided by the statutes. we're adjourned. ( bangs gavel ) good picture of feldman. nice quote.

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>> announcer: the following program for the new walkfit platinum orthotics is proudly sponsored by ideal living. coming up, as part of our comfort spectacular, you can cradle your feet in comfort anytime you want with our all-new memory foam slippers a $30 value for free! made of a soft and luxurious velour top with durable anti-slip soles, the form-fitting memory foam insoles shape to your feet, for unmatched custom comfort. and they're yours just for trying the walkfit platinum orthotics, giving you pain-free comfort and stability with every step you take. >> they-- phew, they feel great. there's no pain. >> i can do a lot of those things that i'd given up that i thought i'd never do again. i can do them now. >> the pain in the small of my back, the pain in my knees and certainly the pain in my feet were gone and, uh... and that was unbelievable. >> i will never not have them, because i will never go back to living with pain again. >> it sure changes your life you bet it does.

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dancing, bowling, playing golf shopping or just going for a walk in comfort and without pain. in the next half-hour, you'll learn how the walkfit platinum orthotics can help you wk and live more comfortably than ever before. now, from the mall of america in minneapolis/st. paul, please welcome podiatric surgeon dr. allen selner and co-hosts mimi umidon and stuart pankin. [cheers and applause >> stuart: hello, twin cities! wow! >> mimi: and you all have walkfits in your shoes, right? [louder cheersyeah, whoo! >> you know, it really is amazing how many people are now walking pain-free because of walkfit orthotics, people just like many of you and you at home who had foot pain and foot-related pain. we're talking leg cramps aching knees and hips, lower back pain, and it all began with their feet. walkfit orthotics went into their shoes, straightened out their feet and the other problems went away too.

>> stu, you've heard me say this for years: it's alignment alignment, alignment. you align your feet and you help align your whole body. you know, as a doctor, it is so gratifying to hear from so many patients and friends whose lives have been dramatically affected by wearing walkfits. they're up, they're out, they're golfing, walking shopping, doing whatever they want to do pain-free. >> but you're probably all wondering what we're doing here at the mall of america. well, we have a couple of big announcements to make and what better place to come than the biggest enclosed shopping and entertainment complex in the u.s.? >> talk about being on your feet. under this roof, there's a full amusement park with dozens of rides, there's an underwater adventure area and over a mile and a half of walkways. >> the perfect place for our big announcement. stuey? >> well, it's been seven years since people began putting walkfits in their shoes. a little over three years ago, the last time we got together, there were one and a half million walkfits sold. today, that number has more than tripled. now there are over five million happy walkfit users!

[audience cheers >> mimi: and we're talking worldwide. walkfits are being used by people in 58 countries on six continents. walkfit orthotics are now the number one custom-fitted orthotic in the world. >> because they work. heel spurs, hammertoes bunions, shin splints, knee pain, hip pain, back pain... most of these problems are aggravated by poor alignment. walkfits are true orthotics that when you put them in your shoes increase your balance, stability and alignment. >> and we've heard from literally thousands of people out there... all had one thing in common, pain. walkfits went into their shoes and the pain went away. i got a chance to fly around the country to meet just some of those people. >> i couldn't believe going from that severe pain to no pain. no foot pain, no ankle pain, no arch pain... and it was like, oh, i can walk again. i don't hurt. i can move, i can be normal, i can work, i can be on my feet for hours.

i am out of pain. there is no pain... there is no pain. >> couple months ago, i found out i was a borderline diabetic and the things i have to do to change it are, is to exercise, to eat better, but the exercise is the most important part. well, it's not always that easy to do that when you're a large person. i walk with my wife a lot but i have trouble keeping up with her. i try... try playing catch-up the whole time and it doesn't always work, or in the past it didn't work. now it does. the pain is gone in my knee. i'm still losing weight. i can't see myself walking without these things now. one day i had pain in my feet, pain in my knees. the next day i had no pain at all and the only difference was putting them in my shoes. >> i couldn't walk. um, at the very worst, my feet would get so bad that i literally had to turn my feet and walk on the sides of my feet. i must have spent well into the thousands trying to cure my problem and, with my feet nothing worked. the walkfit orthotics are fantastic. it's the difference between doing the things in life that i want to do that i love or just

getting through the day with... limping around with as little pain as possible. they're the reason that i can run and that i can just have a normal life. i can walk barefoot. i can wear pretty shoes. i can do everything i want and not have any pain. i will always have them and i will always wear them. >> mimi: now, we've seen these blocks before. >> yes, they represent your body. your foot, your ankle, you knee, your hip, your back, all the way up. when everything's aligned, it's stable, but what happens when your foot or your ankle goes out of alignment? everything compensates. your bones can't support you so your muscles try, and you end up with pain somewhere between your feet and your back. >> but walkfits help. >> the beauty of an orthotic is it aligns the foot and ankle then everything else goes back into balance. the walkfit makes you feel a whole lot better. as you can see in this animation, if you're out of alignment, the whole body suffers. the ankle breaks down, the knees turn inward, the hip drops the back tries to compensate putting incredible strain on