JWJudge Wright
Does the defense wish to make a motion?
PPainter
CPL 290.10. The defense moves to set aside the jury's verdict.
Objection! The prosecution proved its case!
JWJudge Wright
What case, Mr. McCoy? Have we gone so far down the road of political correctness that sex between willing partners is now called rape?! The girl said yes!
She has the mind of a child!
JWJudge Wright
Well, she's mature enough to be plenty intrigued by her own sexuality. Face it, counselor. She had the time of her life. Case dismissed.
JWJudge Wright
Now, Valerie, Hayden called you a retard, and you told him you weren't. Is that right?
JWJudge Wright
And after that, did he keep on calling you a retard?
JWJudge Wright
Did you like what the boys did to you?
VValerie
I did what I wanted.
PPainter
Your honor, the defense requests you deny the state's motion to reverse your prior ruling.
You set aside the jury's verdict, because you unfairly held the state responsible for proving the boys' prior knowledge. The state has now done so, and you STILL refuse?!!
JWJudge Wright
Mr. McCoy, it's over! There is no case here. There never was!
How would you know?! You made up your mind before you heard the first word of testimony!
JWJudge Wright
You're on thin ice, counselor! The defense request is granted! The state's motion is denied! You want to appeal?! Be my guest!
JWJudge Wright
Madam Foreperson, as to each of the 15 counts of the indictment: Murder in the second degree, has the jury reached a unanimous verdict?
FForeperson
Yes, we have, your honor. We find the defendant guilty.
[applause is heard in the courtroom; the judge bangs his gavel, silencing them]
JWJudge Wright
Order! Order! Ladies and gentlemen of the jury, I thank you for your service. You are excused. [to the stenographer] Don't pack it up just yet, Linda. I'm finding, as a matter of law, the People failed to meet the standard of proof I set at the beginning of trial. The People did not establish that the weapon was hazardous per se, nor that the main actor in the homicide used the weapon as it was intended to be used by Mr. Weber. Therefore, I'm setting aside the jury verdict and issuing a directed verdict of not guilty. The defendant is free to go. [bangs gavel]
JWJudge Wright
[bangs gavel again] Order! Order!
[approaches the bench] I'm filing notice of the People's intent to appeal! This is outside the scope of your authority!
JWJudge Wright
Mr. McCoy, I'm not gonna sanction a verdict that can't possibly be sustained on appeal. This conviction isn't based on any proven facts. It's based on the jury's outrage at Mr. Weber's irresponsible and inexcusable conduct. You wanna end the violence, the bloodletting. So do I, Mr. McCoy. In my 30 years on the bench, I've seen every permutation of it, and it sickens me when somebody profits from it! But tempted, though I may be, putting Mr. Weber in jail won't end the carnage. Until we cure what ails the human heart, it won't make a dent in the body count. In the meantime, no matter how profound our grief, our indignation, I can't let you use this court to raise a lynch mob. I won't allow you to exploit the same base actions Mr. Weber counts on to beef up his bottom line! It's not about being right, Mr. McCoy. It's about doing right. Now, we're adjourned.
JWJudge Wright
You need to understand that when it comes to trying someone for murder, particularly someone like Carl Reger, who's given so much of himself to the city, that Jack McCoy doesn't get a free one.
And you need to understand that veiled threats disguised as friendly advice sound an awful lot to me like judicial bias. Especially when delivered ex parte.
JWJudge Wright
First off, I don't have to justify my decisions to you. Second, that sound you hear is the ice cracking underneath your feet.
With all due respect, your honor, you weigh more than I do. I request that you recuse yourself from the case of the People v. Reger.
JWJudge Wright
Request denied.
Then you can explain yourself to the grievance board.
JWJudge Wright
You file a complaint against me, and your A.D.A.'s will never get to first base inside my courtroom, based strictly on the merits of their cases.
If you threaten me again, I'll report this conversation and our last conversation to the presiding judge of the appellate division. And if you step over the line in court just once, I'll take you down. And you won't get up again.