Bull

She's having a tough night?

My little angel?

She's just teething.

I'm short $500.

I'll make it up next month.

You have my word, Ivan. Shh.

I'll need $200 more.

For interest.

Sweet little baby and her daddy

shot dead in the street.

Nobody deserves that, not even two-bit gangsters.

Creep was fleecing money

from every business in the neighborhood, even mine.

Here you go, Mrs. Pierce.

Excuse me. Morning.

My name's Detective Joe Kaminsky.

Do you happen to know the whereabouts

of an Arthur Craddick?

I'm Arthur Craddick.

Is this your son?

Someone we can call to look after him?

Look after my son? Why?

Well, we just want you to come down to the station,

Mr. Craddick, just to answer some questions.

You have my word,

no big deal.

Got a little crazy around here the other night,

and we're talking to lots of people.

Just kind of tough to know how long it's gonna take.

Don't go, Dad.

Hey, Leo.

Don't worry.

Whatever this is, it's, um

it's just a mistake.

I'll be back before you know it.

Would you do me a favor, Mrs. Pierce?

I have an employee who's coming in about ten minutes

to take over.

Leo and I will keep watch till he gets here.

Thank you.

Why are you looking like that?

You heard the man.

All they want to do is have a little talk.

Isn't that right, Detective?

Just a little talk.

Mr. Craddick.

I'm Dr. Jason Bull.

Your attorney said you wanted to see me.

- You're the expert witness. - My attorney hired?

Yeah.

I'm a psychologist.

I'm here to try and get the jury to understand

eyewitness testimony isn't all it's cracked up to be.

He told you I didn't do it, right?

I didn't kill that man and his baby.

Honestly, it didn't really come up.

I'm here to tell the jury

about eyewitness testimony, not you.

Okay, I get what you're doing, but I need you to know

I'd never kill anybody.

I have a ten-year-old son.

His mom died when he was a toddler.

I'm all he's got.

Sure.

What can I do for you, Mr. Craddick?

You can tell me I'm gonna go home to my boy.

Look, I'm not a lawyer,

but from what I can tell,

they don't really have much of a case.

It's mostly circumstantial evidence.

What they're gonna do is tell a story

about how you're some kind of vigilante

who took matters into his own hands.

But there's nothing in your background

that substantiates that idea.

So all they really have is this one supposed eyewitness,

whose testimony

really isn't very strong at all.

So you think

this might go my way?

Mr. Craddick, I believe

that if your attorney picked a decent jury,

a jury of your peers,

then yeah.

We got a 911 call. A neighbor said

he was home asleep when two gunshots outside woke him up.

From his third-floor window

he saw a male figure... the shooter...

Running away from a dead body lying on the sidewalk.

You should object. That's hearsay.

Please. Leave the lawyering to me.

And what happened next, Detective?

The neighbor came into the precinct

to give a more detailed statement.

At that time, I also laid out six photos

of possible suspects for him to review.

He identified the shooter immediately.

Did it with great certainty.

And the person the neighbor identified,

do you see that person in the courtroom today?

I certainly do.

The defendant Arthur Craddick.

Thank you.

Eyewitness testimony is actually

the oldest category of trial evidence there is.

Ironically, when we look at the data,

it's also the most flawed category

of trial evidence there is.

It has the highest probability for error.

Error?

Okay, so what would cause a witness to make

a false identification?

Well, let's look at the identification

at the center of this case.

The witness was three stories up,

seeing whatever he saw in the dark of night.

He was roused from sleep.

Clearly not a recipe for precision.

And then he gets taken down to the station house,

and they lay six photographs in front of him.

Six photos all at once.

And what's wrong with that?

Research studies have taught us

that when we present witnesses with a group of choices,

they feel tremendous pressure to pick one.

Whether they actually see the person they're looking for or not,

they feel like they're not doing

their job unless they pick one.

The better practice is to present photos one at a time,

and that way the witness can consider each individually,

thoughtfully,

and they can eliminate or identify candidates as they go.

Then there's familiarity.

And the eyewitness and Mr. Craddick were neighbors.

They apparently didn't know each other, but

we are reasonably sure that they saw each other

around the neighborhood... At the park, on the street.

And the point is, the pull of familiarity can be

incredibly powerful.

I mean, it's a force that inclines us

to select the face we've seen before

over the one that's completely new to us.

So, in your expert opinion, Dr. Bull,

can this eyewitness account be trusted?

In my expert opinion, no.

You don't send a man to prison for the rest of his life

based on the word of one lone witness

whose testimony, no matter how well-meaning,

has a far greater probability of being wrong than right.

We, the jury, find the defendant Arthur Craddick

guilty of two counts of murder.

No.

Thank you, jury, for your civic service today.

All parties will reconvene for sentencing in two weeks.

Court is adjourned.

I didn't do it. I had nothing to do with it.

I didn't kill your son, your granddaughter.

Miss, I didn't kill your husband.

I-I don't even own a gun!

- I didn't... I didn't do it! - Order! Order!

I didn't do anything.

- You don't understand. - Order in this court!

I didn't do it! I didn't do it.

I didn't do it! I didn't...

We're here.

Thanks. I'll probably be a while.

Arthur.

Wasn't sure you'd remember me after 12 years.

Well, you're looking good. I like the glasses.

Back at you.

So.

How's your son? Leo?

He's doing all right.

Graduated from college last year.

In a program now to become a licensed clinical social worker.

Getting into that, "good trouble"

John Lewis talked about.

Fantastic.

When I got sent up,

he went to stay with his great-aunt.

Then she passed, and

well, he became a ward of the state,

bounced around the foster system...

Yeah.

- I'm sorry. - Yeah.

It's been tough.

Got a lot of anger.

But... somehow he survived.

Managed to keep our little family intact,

even though we're not together.

You're asking the court to give you a new trial?

And you wrote this motion yourself?

Wrote it and filed it.

And a judge has agreed to hold a hearing.

Impressive.

I taught myself the law.

Became a bona fide jailhouse lawyer.

You know, they even nicknamed me the Counterman,

because I helped folks out with various legal matters.

Okay, Counterman, why'd you call me?