- Chuck.
Kim.
[Footsteps thudding]
[Paper rustles lightly]
[Briefcase thumps]
[Latches click]
[Clears throat]
[Door opens]
[Indistinct conversations,
telephone rings]
[Conversations, telephone fade]
Good afternoon.
Oh! Good.
Mr.
McGill, does this work for you?
It'll have to do.
Thank you.
I assume everyone left
their cellphones and so on
at reception.
Howard: Yes, indeed.
And you'll let me know if you
need a break or anything else?
Chuck: I will.
Thank you, Ms.
Hay.
You know
I was actually speaking to my
husband about your condition.
Oh, yes?
I had an aunt.
She's no longer with us.
She went to church every Sunday,
but when the boys' choir sang,
she would absolutely have to leave.
Something about the
frequency of their voices
really did a number on her.
- Well, that is a shame.
- Indeed.
[Chuckles]
All right.
Let's get down to it.
[Clears throat]
We are here to finalize
the Pre-Prosecution Diversion
for James Morgan McGill.
Representing the divertee,
Ms.
Kimberly Wexler.
Mr.
James McGill has signed a contract
waiving his rights to a speedy trial
and presentment of his case
within the statute of limitations.
The terms of the deal
are for you, James,
to report to your
Pre-Prosecution Service Officer
at the Albuquerque
District Attorney's Office
on the second Monday of every month
for the next 12 months.
Community service
hours will be assigned.
You must maintain lawful employment.
Must only associate with
law-abiding citizens.
Your client understands that,
if he violates the
terms of the agreement
or is arrested for any infraction,
the crimes to which
he has confessed here
will be prosecuted to the
full extent of the law,
in addition to any new charges?
He understands.
And I must inform you, Mr.
McGill,
as an officer of the court
and member of the bar,
your confession will be referred
to the New Mexico Bar Association.
Okay.
I have your statement here.
Has everyone had a chance to read it?
Comments? Thoughts?
Actually, page 2,
he "damaged the victim's property.
"
Would it not be more accurate to say
"destroyed a cassette tape"?
I'm sorry.
Wasn't the
cassette tape his property?
- Of course it was.
- Then it seems entirely accurate to say
he damaged the victim's property.
Why be vague?
And "damaged" doesn't reflect
its irrevocable condition
Fine.
"Damaged property
belonging to the victim.
"
Chuck: It was a cassette tape.
That's what it was not
a teacup, not a chair
- a cassette tape.
- Yeah.
[Whispering] How about "destroyed
item of personal property"?
All right.
Uh, we'd suggest "destroyed
item of personal property.
"
Ms.
Wexler?
Works for us.
Shall I change it, or?
If you would.
[Clears throat]
"Destroyed item
"of personal property.
"
There.
Can you initial it, please?
"JMM.
" Initialed.
Charles, was there anything
else you found wanting
in your brother's statement?
No.
We're satisfied.
Thank you.
[Pen clicks]
All right.
So, we're all set.
No, not all set, Mr.
McGill.
Your brother may be
satisfied, but I am not.
[Inhales deeply] The confession
you've written is adequate,
but, frankly, I-I
sense a lack of remorse.
And I, for one, would
like to hear an apology.
Charles deserves at least that much.
Uh
- Now?
- Yes, Mr.
McGill, now.
[Smacks lips] Okay.
[Clears throat]
I was wrong.
Mr.
McGill, could you at least
look your brother in the eye?
Chuck
I'm very sorry.
I lost my temper, and
I did some things
so many things that I regret.
I shouldn't have broken down your door.
Doesn't matter how I was provoked.
I-I shouldn't have done that.
There's no excuse for that.
Or for the things that I said.
[Clears throat]
I regret it all,
all of it more than you can imagine,
because
'cause you're my brother,
and no one should treat
his own brother like that.
Not ever.
Okay?
Ada: All right, then.
On to the matter of restitution.
Mr.
McGill, according to your agreement,
you have two weeks to
pay your brother back.
I would like to pay up now, if I may.
You may.
The amount is $321.
Uh, Ms.
Hay.
I'm sorry.
That figure doesn't
represent a full accounting.
Oh, no?
I believe the correct amount is $323.
98.
That includes the cassette tape
- which was destroyed.
- [Pen clicks]
Good.
Thank you.
$323.
98,
including the cassette tape.
[Pen scribbling]
[Pen clicks]
- [Pen scribbling]
- [Sighs]
[Clears throat]
[Indistinct conversations]
What do you say we get you home?
[Elevator bell dings]
Howard.
Chuck.
I'm putting you both on notice
regarding the bar hearing.
The first thing, I'm filing a
motion to suppress that tape.
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