Boston Legal (2004–2008): Season 1, Episode 17 - Death Be Not Proud - full transcript
Alan assist Chelina in Texas, where a former client is getting executed while he is maybe innocent. Denny and Shirley represent an old friend of theirs when she is charged with having sexual encounters for a fee. Lori files a complaint about Denny.
Hey, pretty boy.
How'd you like to go to Texas?
I'd love to. I haven't had my shots.
I worked on
the Texas Innocence Project.
One of my cases is up on appeal,
and they've asked me back to argue.
- I could really use your help.
- Because?
My last appearance, I unfortunately
lost my temper with the chief judge.
I'm afraid he could be
prejudiced against me.
So I'm looking for the best lawyer
I can find. I think that's you.
What kind of case is this?
Capital.
The client is scheduled
to be executed in 72 hours.
He could be innocent.
What do you say?
I say I've always wanted
to go to Texas.
I certainly appreciate you seeing me,
Shirley. I know how busy you are.
Miriam, how long
have we known each other?
Well, certainly very long.
But I am mindful of your hectic schedule,
and I'm appreciative.
What's up?
Well, I don't know exactly
how to say this...
...especially to someone with whom I've
enjoyed a long and rewarding friendship.
But I've gotten myself
into a situation.
I'm beginning a trial next week
in which I'm...
...uh...
...the defendant.
Uh...
It's a criminal case?
I'm charged with engaging
in sexual conduct for a fee.
You paid a man to have sex with you?
Many times.
When you say many times...
Hundreds.
You are not going to wear that
once we get there.
- Why not?
- This court antagonizes easily.
Understood. How do I look?
The client's name is Ezekiel Borns.
He likes to be called Zeke.
He has an IQ of 80.
He was convicted eight years ago
in the death of a gas-station attendant.
We got a DNA test ordered.
It came back negative.
One would think that would
be enough to clear him.
But the problem is, he confessed
after an all-night interrogation.
He could have been coerced,
maybe brainwashed, maybe both.
When we land, I'd like you to meet Zeke
while I try to get a meeting with the DA.
- I assume you tried the governor.
- Yeah, I'm told he giggled.
- High court is our last stop.
- High court?
Instead of a supreme court, Texas has
two high courts, for civil and criminal.
And the chief judge
on the criminal high court...
We had words on another case.
When you say you had words...?
I called him a disgusting, fat pig.
Denny Crane?
- Oh, no. I couldn't possibly...
- Miriam, listen.
Your case comes
before Judge Clark Brown.
Denny seems to have a take on him.
I couldn't possibly.
Shirley...
...I don't tell people this,
but Denny and I...
I once had relations with him.
Listen, this many offenses,
you could be looking at time here.
If Denny gives us
any advantage at all...
I'm so beyond humiliated.
Which brings me to my next bomb.
I see no real defense here,
except, perhaps, medical.
I'd like to be able to tell the jury...
...that you're a nymphomaniac.
Has he shared with you information...
...that could possibly contradict
his signed confession?
Uh, no. But I'd never inquire.
Not a curious guy, Father?
The role of clergy is only to get
the inmates ready and willing to die.
Zeke.
My name is Alan Shore.
I was all doped up.
I remember being
at the gas station, but...
ALAN:
Well, Zeke, why did you confess?
They kept telling me I did it.
And they had witnesses.
I knew I had been there.
I probably did do it.
Your confessions didn't include
the word "probably."
Zeke, you have no memory
of shooting the attendant?
You're gonna get me sent to hell,
is what you're doing.
- I beg your pardon?
- I've already made my peace with God.
If I start saying I didn't do it...
Zeke, I'm trying to prevent
your being executed.
They're gonna kill me, Mr. Shore.
And my only salvation's
in the next world.
I gotta keep my peace with God.
Is this from his trial lawyer?
Went into a 12-step program.
I had to apologize
to those he let down.
- Has Zeke seen this?
JERRY: We sent him a copy.
Zeke doesn't write back.
Right.
- Nymphomania?
- Anything you can find.
We'll need to line up an expert who can
testify possibly as soon as tomorrow.
It's not a real disease. It's an excuse
offered up by sex-perv sickos.
Yes. Thank you for that.
It's also a sexist diagnosis,
as well as bogus.
If a man was trying to shtup everything,
we wouldn't say he had a disease.
- We would call him...
- Denny Crane.
Exactly. I'll need that research ASAP.
Denny, this way.
Thank you for joining.
I'm a very busy man. I have a caseload
you wouldn't believe, so...
Hello, Denny.
Miriam?
Don't tell me I have another child.
Miriam has a criminal case
beginning tomorrow.
DENNY:
Criminal?
What did you do?
I can tell you
what she's charged with.
Can I count on your sensitivity?
Of course.
She's charged with engaging
in sexual conduct for a fee.
You're a hooker?
- I'm leaving.
- No.
She paid for sex,
she didn't charge for it.
And the judge is Clark Brown...
...which is the reason you're here,
in addition to your profound tenderness.
We plan to perhaps use
a medical defense of...
...nymphomania.
- You're a nymph?
- Denny.
You mean when you and I...
...went on that long weekend to Napa
and you did those...
...things...
She was sick.
We have work to do. We can't...
I won't go to Texas
and not ride the mechanical bull.
That would be like going to Los Angeles
and not sleeping with Paris Hilton.
- You'll get hurt.
ALAN: Nonsense.
I grew up riding ponies
at the pumpkin patch.
[CELL PHONE RINGS]
Chelina.
Yes. We've just had a slight delay.
Alan wants to ride a bull.
Can you get me the case?
Fax it to the motel.
Thank you.
Evidently an execution got stayed
in Connecticut.
The lawyers argued something
called death-row syndrome.
Death-row syndrome?
The theory being that death row
can overwhelm the will to live...
...and contribute to
a general incompetency.
- That could be Zeke.
- Exactly.
Notify my next of kin.
Oh, my God.
Novice, intermediate or expert?
Expert. I teach it, actually.
Do I get a whip?
Intermediate.
Intermediate.
Chelina.
He will. Ten a.m. Is... It's fine.
We'll be in his office.
Thanks, Jerry.
- We got our meeting with the DA.
ALAN: Great.
Intermediate.
Help. Intermediate.
It's not a real disease.
It is part of our culture, Brad.
Our role here is as advocates, remember?
PAUL:
Their point is well taken.
There is an enormous risk
with this kind of defense.
- Lf the jury rejects it...
- But juries often don't.
In 1970, we had the Cable Car
Nymphomaniac in San Francisco.
She was awarded $50,000 for a crash
that left her with a demonic sex urge.
That occurred when the medical
community was open to the diagnosis.
There are other diagnoses.
She could be bipolar.
There's a condition
known as Kl?ver-Bucy Syndrome...
...which can result in hypersexuality.
Miriam Watson is a very successful
and private businesswoman.
Should we raise nymphomania as a
defense, the media will have a field day.
We're trying to nip this
with a plea bargain.
- Without a defense we have no leverage.
- Judge Brown.
Come again?
I don't like it when you say that, Shirley.
Puts pressure on me.
What about Judge Brown?
He's a virgin.
And that would be relevant how?
If he saw, in our client,
an opportunity...
May I speak to you two a second?
This is not funny.
That man is a senior partner here.
The only time he's not making sexual
inferences is when he does so blatantly.
- Lori.
LORl: No, Shirley. I am sick of it.
I am making an official complaint.
You're on notice,
and you're on notice.
I've had enough.
First, you cannot, cannot argue
the morality of the death penalty.
- Every judge sitting up there is for it.
- Clearly.
Second, do not mention
Zeke's innocence.
- I'm sorry?
- They won't listen. He did confess.
Isn't it the DNA test
that got us the appeal?
The DNA here
does not exonerate him.
But it certainly indicates the presence
of somebody else at the murder scene.
Proving innocence is one thing.
But since we can't do that...
...our case here is procedural.
The DNA result is ancillary evidence...
...which hopefully will occasion them
to look at procedural flaws.
Does that make any sense?
Yes, it does.
This is Texas.
I agree with the district attorney.
If this were a one-time offense...
But the complaint alleges over
a hundred infractions. It's shocking.
If I may, Your Honor.
- This is a victimless crime.
- Victimless?
When somebody's action impugns
the values of society, we are all victims.
Yes, yes, yes. We're all that.
But consider the shy people.
- The shy people?
DENNY: Yes.
If one were a single man,
painfully shy...
...a virgin, time running out...
...one might like to meet this woman.
She could help one.
He's mentally impaired, Glenn.
You know this.
Your own experts said so.
He was born with severe
Fetal Alcohol Syndrome.
Chelina, this was all raised at trial.
At some point, a finding has to be final.
I'm sorry. I realize I'm new...
...but didn't the Supreme Court rule you
can't execute mentally-retarded people?
He has an IQ of 80.
The cutoff point for retardation
in Texas is 70.
Did you even read the prison reports
on Zeke's character?
This isn't about whether
he's been a good boy in prison.
The point is what he did
at the gas station.
Perhaps he didn't do it.
He has an IQ of 80.
All you really have is a confession which
most likely was a product of coercion.
No weapon was found.
DNA placed someone else at the scene.
How about, on the possibility
of Zeke Borns' innocence...
...we hold off just a bit on killing him?
You must be new to Texas,
Mr. Shore.
CHELINA:
I told you not to raise innocence.
- How can we not raise it?
- They hear it all the time, Alan.
"My client is innocent.
My client is innocent."
Every single complaint case,
it's the standard refrain.
It has no impact when you can't
actually prove it, which we can't.
The trier of fact found him guilty.
- That doesn't mean we can't...
- I've done this before.
I know the way it works down here.
Our claim has to be procedural.
It's the only chance Zeke has.
Before you march into court...
...and tell everybody
the confession was coerced...
...keep in mind Zeke hasn't recanted.
He's still maintaining he did it.
Lori. While we understand
your issues with Denny...
...while we are certainly
taking steps to resolve them...
...I don't think you mean to lodge
a complaint of sexual harassment.
- Shirley...
- Because if you do...
...we are required by law
to initiate certain procedures.
It could get very messy
for all involved.
Is that a threat?
He is ultimately a benign man
who we all happen to care about.
Including you.
I think what you really mean to do...
...is to voice your concern unofficially.
I am making an official complaint.
If there's paperwork to be filled out,
please have the forms sent to my office.
You little bitch.
CHELINA: There is no evidence of you
ever having had a gun before.
Or ever shooting one.
Zeke, I certainly don't wanna
put words in your mouth...
...but if you have no memory
of doing it...
If you don't recant...
...by this time tomorrow,
you will be dead.
I'm gonna be dead no matter what.
The question is, do I go
with God on my side or not?
From what little I know of God, Zeke,
he's on your side no matter what.
He also favors the side of truth.
- And if the truth is you didn't do it...
- I did drugs.
I stole.
I was a bad person.
And now
I need to be a strong person.
I need to have courage now, for once.
I'm gonna be brave.
After my marriage dissolved,
my sexual desire became inflamed.
I was in a few relationships...
...and my appetite took on
more the form of an addiction.
When you say "addiction"...
Now, whenever I so much as look...
...at an able-bodied man...
...my southern region turns tropical.
And this compulsion
led you to male prostitutes?
MIRIAM:
Where else was I to go?
I'm a 56-year-old woman.
It's not as if I can
walk into a bar or...
I suppose if I were in a relationship...
What the hell was that?
"My southern region turns tropical"?
That little look to the judge?
Did you coach her to do that?
If the judge likes us,
he gives us a good instruction. Simple.
Might even give us
a directed verdict.
I'm sensing some intent issues
with the prosecution's case.
I can feel it.
The judge has intent issues.
ALAN:
These judges are only human, Chelina.
They certainly have to appreciate
the possibility of his innocence here.
When I left this job, I told everybody
it was because I wanted more money.
The truth is,
I couldn't take it anymore.
I couldn't take seeing clients die.
Did you win any?
[EXHALES]
Sometimes you must have prevailed.
I remember reading a death penalty
was overturned here last year.
Yeah. A New York firm
volunteered to handle it.
It took them 10 years
and cost $5 million.
The state of Texas
has the most overwhelmed...
...and underfunded defense bar
in the country.
They get $25,000
to appeal a death case.
The prosecutors have an
unlimited budget. It's a joke, Alan.
ALAN:
We have good grounds here.
Trial lawyer's admitted
he provided inadequate counsel.
This is the court that held a sleeping
lawyer isn't necessarily inadequate.
You have to show he was sleeping
during the important parts.
You asked me before why Texas...
...instead of having a supreme court,
it has two high courts?
The reason is to speed up
the death cases.
They've cut the time it takes
to execute people in half.
It's why Texas leads the country
in executions, proudly.
Seven of the nine judges you will face
tomorrow are former prosecutors.
Hey.
Hey.
I promise you...
...by the time I finish tomorrow...
...those judges, every last one of them,
will rise up and say:
"Never mind executing Ezekiel Borns.
Let's kill Alan Shore instead."
[LAUGHS]
I'm sorry.
Maybe we...
We should probably get back to work.
Yep.
You told me there'd be
a public presence here, Jerry.
There's one protester outside.
JERRY: What am I gonna do?
It's not as big a story as it used to be.
We'd be better off
with nobody than one.
I'll call you after.
I told you,
you are not wearing that hat.
Take it off.
Listen, last night...
Sometimes lawyers will bond
over a cause, and, well, l...
Chelina...
...let's go argue the cause.
Remember, this motion
is a nuisance to them.
They will antagonize you.
If you even feel yourself
wanting to retaliate, you say:
"With all due respect,
may it please the court."
Anything else?
Persevere. They will try to
shut you down before you even begin.
Persevere.
Got it.
There is no question the defendant
entered into a transaction...
...for which sex was some,
or all, consideration.
However, one element of this crime
is criminal intent.
The burden's on the prosecution to
prove this beyond all reasonable doubt.
If a medical condition deprived
the defendant of her free will...
...or even unduly influenced her...
...she lacked that intent.
Since the prosecution failed
to eliminate hypersexuality...
...or bipolar syndrome...
...or Kl?ver-Bucy Syndrome
as a cause for her conduct...
...well, then I feel I have no choice
but to deliver a verdict in favor of...
...the defendant.
Miss Watson, you are free to go.
What?
- You got to that judge.
- What are you talking about?
- You knew his ruling by heart.
- Boilerplate.
- A ridiculously pro-defense ruling.
- Denny Crane.
What did you do,
promise him a date with our client?
First of all, I would never do
anything like that.
Secondly, if I did, I would never,
ever tell you. Never. Third...
And, you, was there
any quid pro quo here?
How dare you?
Oh, never mind "how dare me,"
you're a serial intercourser.
That ruling was suspect.
- Bribing a judge.
- Never did that.
The two of you are going to
have to live with yourselves.
For now, like the judge says,
you're free to go...
...as is your lip.
Ezekiel Borns murdered a man
in cold blood for a few dollars.
He confessed to it.
The petitioner has gone up and down
state and federal courts...
...exhausting his appeals,
losing his habeas arguments...
...and failing on claims
of constitutional violations.
Four different courts of appeal
have reviewed and rejected...
...each and every one
of his arguments.
Now is the time for this man...
...to pay the penalty imposed on him
fairly and legally.
A Texas jury has decided
that Ezekiel Borns is a dangerous killer.
He has forfeited his right to live.
Thank you.
"With all due respect,
may it please the court."
Good afternoon,
my name is Alan Shore.
Mr. Shore, were there new issues
being raised here?
The first issue concerns the absence
of any African American jurors.
That was previously argued
and ruled on, counsel.
Yes, before the lower courts.
This bench never...
We're not persuaded the absence of a
black juror is in violation of due process.
What's your next issue?
I'd turn your attention
to the fact that the grand jury...
...which indicted Mr. Borns,
similarly was all white.
This raises equal-protection laws...
That issue was never raised
and is therefore waived.
Your Honor, Texas law requires
that the jury recommend death...
...only in cases where they find
the defendant...
...poses a threat
of future dangerousness to society.
We maintain this is unconstitutional.
Juries are supposed to find guilt based
on facts beyond a reasonable doubt...
...not on the basis
of perceived probabilities.
Moreover, as a practical matter...
...since Ezekiel Borns
will remain in prison for life...
...he couldn't possibly constitute
a future threat to society...
...unless the law
assumes prison breaks.
Well, that's an interesting issue,
counsel...
...but that also was never raised
and therefore, it is deemed waived.
Next?
May it please the court.
Mr. Borns' trial lawyer has recently
admitted he was ineffective counsel.
He was abusing cocaine and alcohol
during the trial...
- Not legally inadequate.
- Lf you examine the transcripts...
Mr. Shore, representation
can always be better.
Especially when we play
Monday-morning quarterback.
With all due respect, this lawyer
never gave an opening statement.
He never questioned several
of the prosecution's witnesses.
He failed to pursue a number of leads
and important sentencing issues.
This court right here today
has recognized...
...that many valid grounds for appeal
were never raised.
This court is satisfied
the representation was adequate.
Is there anything else?
Yes. Mr. Borns may be innocent.
The jury disagreed and, legally,
that issue has been settled.
The DNA evidence shows
somebody else was there.
But it does not disprove
that your client was also there.
And your guy confessed, by the way.
My client has an IQ of 80.
- He was interrogated for 16 hours.
- Coercion was never raised...
Never raised because his lawyer
was an inadequate hack...
...though the nine of you seem
quite satisfied with his performance.
With all due respect.
Mr. Shore, you came down here
from Massachusetts?
Yes, sir.
We in Texas have been living
with this case for eight years.
You've been living with it personally?
May it please the court.
- You first met Mr. Borns when?
- Yesterday.
And you are proposing to us
that you know him?
Know what I'd like to propose?
I'd like to propose you got a problem
with the death penalty in general.
Now, is that why you came here, sir?
I am here, with all due respect,
may it please the court...
...because I have a problem
with executing a man...
...with diminished capacity
who may very well be innocent.
I'm particularly troubled,
may it please the court...
...with all due respect, that you don't.
You may not want to regard
my client's innocence.
But you cannot possibly disregard
that 117 wrongfully convicted people...
...have been saved from execution.
One hundred and seventeen.
The system is hardly foolproof.
And Texas, this state...
...is responsible for a full third
of all executions in America.
How can that be?
The criminals are just
somehow worse here?
Last year, you accounted for fully half
of the nation's executions.
Fifty percent from one state.
You cannot disregard the possibility...
...the possibility
that something's up in Texas.
I would urge you to confine
your remarks to your client...
...and not the good state of Texas.
Zeke Borns never had a chance.
He was rounded up as a teenager...
...thrown in a cell
while he was doped up on drugs...
...browbeaten and interrogated
until his IQ of 80 was overcome.
He confessed to a crime
he had no memory of...
Still has no memory of.
- For which there is no evidence...
...other than witnesses
who saw him pumping gas...
...around the time of the murder.
He was given a coked-up lawyer
who did nothing.
I'm before nine presumably intelligent
people in the justice business...
...who have the benefit
of knowing this.
Add to that, you know DNA
places somebody else at the scene.
And you're indifferent.
You don't care.
Whether you believe
in my client's innocence...
And I'll assume, with all due respect,
may it please the court, that you don't.
- You cannot be sure of his guilt.
You simply cannot.
And failing that,
how can you kill him?
How can you kill him?
I would sincerely, sincerely, sincerely
hope you don't penalize my client...
...because his lawyers
happen to be from Massachusetts.
The home of the Patriots,
who could kick ass...
...over any football team
you've got in Texas.
May it please the court.
I am so sorry.
No, you don't have to apologize.
They gave you nothing.
You had no choice
but to go with your passion.
Could have left out the slight
on Texas football, but...
You were strong, Alan.
And maybe you reached them.
The court hasn't ruled yet.
Six hours before, he goes to Huntsville.
That's the law.
What's in Huntsville, bleachers?
It's a death house.
They put me in the Walls unit.
Why move him
if there's still a chance?
[CELL PHONE RINGS]
- Jerry.
- No cell phones in here.
Just now?
They turned us down.
Well, let's go then.
I'm so sorry, Zeke.
I'm ready, Chelina.
I'm gonna be strong like a hero,
you watch.
Will you watch?
I want people to see me strong.
I got no family.
Will you come?
Sure.
We'll be there.
Let's go, Zeke.
I'm going to see the governor.
He bribed the judge?
I can't be sure, but I think
he had some undue influence.
As much as I adore him...
...it's only a matter of time
before he brings this place to its knees.
He's the named partner.
The lead named partner.
I think we've gotta take him out.
ZEKE:
I get ice cream.
- Chocolate.
CHELINA: Yeah, you said.
They said maybe sprinkles.
Guess I don't need to worry
about my cholesterol.
The governor's in Hawaii, unavailable.
There's still hope, however.
I tracked down a woman I know...
...who's performing in a charity luau
where the governor is scheduled to be.
Polynesian dancer.
You're saying this thing
could come down to...
A hula girl.
I know this girl. She's good.
- Zeke...
- Let's do this.
I'm ready to die. I'm strong.
Would you excuse us
for a minute, please?
Zeke, you talked about being a hero.
Strong and brave
may not go with hero here.
What do you mean?
The state of Texas wants people
to believe you're a monster.
I think you should show them...
...you're a human being.
And the human thing to do here...
...is be afraid.
If you want to be a hero...
...show people what it really feels like
to be executed.
We're led to believe...
...it's peaceful, painless.
Humane, even.
I think you should fight
to the end, Zeke...
...and show your fear.
This is because you're against
the death penalty, right?
Well...
...whether a person is for or against
the death penalty...
...he or she should just know
what it is.
The best way for you
to be a hero, Zeke...
...is to be human.
I've included the case history, should
he care to peruse it over his mai tai.
Excellent, Angela. You have my number,
you have Alan's, and Chelina's cell...
...and the number at the Walls unit.
Thank you. Aloha. Make speed.
He's actually petitioning
the Texas governor by way of...
Hula girl.
Justice works in strange ways, Paul.
Ask Judge Brown.
- Did Denny bribe him?
- I can only guess.
Tara, do you ever feel
sexually harassed by Denny?
Never.
- He never objectifies you?
- All men objectify me.
I don't.
I don't.
[PHONE RINGS]
Hello, Angela?
ALAN:
Yes, without question.
He must be there, Angela.
I got his schedule directly from
his press-secretary's assistant.
You got my fax? In your hand?
Then find the governor
and get it in his.
We have less than 10 minutes.
Maybe five.
Okay.
No cell phones are allowed in here.
How did you get by with that?
I told the guard we were waiting for
a last-minute call from your conscience.
Collect.
You see that guy?
Media. One guy.
It's not even a story.
Do I get to say my last words now?
If you like.
It's just...
...I don't know if I did it.
But if I did, I'm sorry, you know?
Time to get on now.
Okay. Thank you for everything.
GUARD 1:
Get his legs, get his legs.
Get his legs.
GUARD 2:
Get him over here.
GUARD 3:
I got it. Right there.
GUARD 4:
I got his leg.
NARRATOR:
Next on Boston Legal:
You went out and got this case
to keep me from Texas.
Don't be ridiculous.
Alan seems to be
getting close to Chelina.
- Are you and he...?
- We're fine.
I wanna stay because of you,
but I think I need to go because of you.
For your information,
I like chubby girls.
I've always enjoyed chubby sex.
Lori filed an internal complaint
against you for sexual harassment.
Subtitles by
SDI Media Group
[ENGLISH SDH]
How'd you like to go to Texas?
I'd love to. I haven't had my shots.
I worked on
the Texas Innocence Project.
One of my cases is up on appeal,
and they've asked me back to argue.
- I could really use your help.
- Because?
My last appearance, I unfortunately
lost my temper with the chief judge.
I'm afraid he could be
prejudiced against me.
So I'm looking for the best lawyer
I can find. I think that's you.
What kind of case is this?
Capital.
The client is scheduled
to be executed in 72 hours.
He could be innocent.
What do you say?
I say I've always wanted
to go to Texas.
I certainly appreciate you seeing me,
Shirley. I know how busy you are.
Miriam, how long
have we known each other?
Well, certainly very long.
But I am mindful of your hectic schedule,
and I'm appreciative.
What's up?
Well, I don't know exactly
how to say this...
...especially to someone with whom I've
enjoyed a long and rewarding friendship.
But I've gotten myself
into a situation.
I'm beginning a trial next week
in which I'm...
...uh...
...the defendant.
Uh...
It's a criminal case?
I'm charged with engaging
in sexual conduct for a fee.
You paid a man to have sex with you?
Many times.
When you say many times...
Hundreds.
You are not going to wear that
once we get there.
- Why not?
- This court antagonizes easily.
Understood. How do I look?
The client's name is Ezekiel Borns.
He likes to be called Zeke.
He has an IQ of 80.
He was convicted eight years ago
in the death of a gas-station attendant.
We got a DNA test ordered.
It came back negative.
One would think that would
be enough to clear him.
But the problem is, he confessed
after an all-night interrogation.
He could have been coerced,
maybe brainwashed, maybe both.
When we land, I'd like you to meet Zeke
while I try to get a meeting with the DA.
- I assume you tried the governor.
- Yeah, I'm told he giggled.
- High court is our last stop.
- High court?
Instead of a supreme court, Texas has
two high courts, for civil and criminal.
And the chief judge
on the criminal high court...
We had words on another case.
When you say you had words...?
I called him a disgusting, fat pig.
Denny Crane?
- Oh, no. I couldn't possibly...
- Miriam, listen.
Your case comes
before Judge Clark Brown.
Denny seems to have a take on him.
I couldn't possibly.
Shirley...
...I don't tell people this,
but Denny and I...
I once had relations with him.
Listen, this many offenses,
you could be looking at time here.
If Denny gives us
any advantage at all...
I'm so beyond humiliated.
Which brings me to my next bomb.
I see no real defense here,
except, perhaps, medical.
I'd like to be able to tell the jury...
...that you're a nymphomaniac.
Has he shared with you information...
...that could possibly contradict
his signed confession?
Uh, no. But I'd never inquire.
Not a curious guy, Father?
The role of clergy is only to get
the inmates ready and willing to die.
Zeke.
My name is Alan Shore.
I was all doped up.
I remember being
at the gas station, but...
ALAN:
Well, Zeke, why did you confess?
They kept telling me I did it.
And they had witnesses.
I knew I had been there.
I probably did do it.
Your confessions didn't include
the word "probably."
Zeke, you have no memory
of shooting the attendant?
You're gonna get me sent to hell,
is what you're doing.
- I beg your pardon?
- I've already made my peace with God.
If I start saying I didn't do it...
Zeke, I'm trying to prevent
your being executed.
They're gonna kill me, Mr. Shore.
And my only salvation's
in the next world.
I gotta keep my peace with God.
Is this from his trial lawyer?
Went into a 12-step program.
I had to apologize
to those he let down.
- Has Zeke seen this?
JERRY: We sent him a copy.
Zeke doesn't write back.
Right.
- Nymphomania?
- Anything you can find.
We'll need to line up an expert who can
testify possibly as soon as tomorrow.
It's not a real disease. It's an excuse
offered up by sex-perv sickos.
Yes. Thank you for that.
It's also a sexist diagnosis,
as well as bogus.
If a man was trying to shtup everything,
we wouldn't say he had a disease.
- We would call him...
- Denny Crane.
Exactly. I'll need that research ASAP.
Denny, this way.
Thank you for joining.
I'm a very busy man. I have a caseload
you wouldn't believe, so...
Hello, Denny.
Miriam?
Don't tell me I have another child.
Miriam has a criminal case
beginning tomorrow.
DENNY:
Criminal?
What did you do?
I can tell you
what she's charged with.
Can I count on your sensitivity?
Of course.
She's charged with engaging
in sexual conduct for a fee.
You're a hooker?
- I'm leaving.
- No.
She paid for sex,
she didn't charge for it.
And the judge is Clark Brown...
...which is the reason you're here,
in addition to your profound tenderness.
We plan to perhaps use
a medical defense of...
...nymphomania.
- You're a nymph?
- Denny.
You mean when you and I...
...went on that long weekend to Napa
and you did those...
...things...
She was sick.
We have work to do. We can't...
I won't go to Texas
and not ride the mechanical bull.
That would be like going to Los Angeles
and not sleeping with Paris Hilton.
- You'll get hurt.
ALAN: Nonsense.
I grew up riding ponies
at the pumpkin patch.
[CELL PHONE RINGS]
Chelina.
Yes. We've just had a slight delay.
Alan wants to ride a bull.
Can you get me the case?
Fax it to the motel.
Thank you.
Evidently an execution got stayed
in Connecticut.
The lawyers argued something
called death-row syndrome.
Death-row syndrome?
The theory being that death row
can overwhelm the will to live...
...and contribute to
a general incompetency.
- That could be Zeke.
- Exactly.
Notify my next of kin.
Oh, my God.
Novice, intermediate or expert?
Expert. I teach it, actually.
Do I get a whip?
Intermediate.
Intermediate.
Chelina.
He will. Ten a.m. Is... It's fine.
We'll be in his office.
Thanks, Jerry.
- We got our meeting with the DA.
ALAN: Great.
Intermediate.
Help. Intermediate.
It's not a real disease.
It is part of our culture, Brad.
Our role here is as advocates, remember?
PAUL:
Their point is well taken.
There is an enormous risk
with this kind of defense.
- Lf the jury rejects it...
- But juries often don't.
In 1970, we had the Cable Car
Nymphomaniac in San Francisco.
She was awarded $50,000 for a crash
that left her with a demonic sex urge.
That occurred when the medical
community was open to the diagnosis.
There are other diagnoses.
She could be bipolar.
There's a condition
known as Kl?ver-Bucy Syndrome...
...which can result in hypersexuality.
Miriam Watson is a very successful
and private businesswoman.
Should we raise nymphomania as a
defense, the media will have a field day.
We're trying to nip this
with a plea bargain.
- Without a defense we have no leverage.
- Judge Brown.
Come again?
I don't like it when you say that, Shirley.
Puts pressure on me.
What about Judge Brown?
He's a virgin.
And that would be relevant how?
If he saw, in our client,
an opportunity...
May I speak to you two a second?
This is not funny.
That man is a senior partner here.
The only time he's not making sexual
inferences is when he does so blatantly.
- Lori.
LORl: No, Shirley. I am sick of it.
I am making an official complaint.
You're on notice,
and you're on notice.
I've had enough.
First, you cannot, cannot argue
the morality of the death penalty.
- Every judge sitting up there is for it.
- Clearly.
Second, do not mention
Zeke's innocence.
- I'm sorry?
- They won't listen. He did confess.
Isn't it the DNA test
that got us the appeal?
The DNA here
does not exonerate him.
But it certainly indicates the presence
of somebody else at the murder scene.
Proving innocence is one thing.
But since we can't do that...
...our case here is procedural.
The DNA result is ancillary evidence...
...which hopefully will occasion them
to look at procedural flaws.
Does that make any sense?
Yes, it does.
This is Texas.
I agree with the district attorney.
If this were a one-time offense...
But the complaint alleges over
a hundred infractions. It's shocking.
If I may, Your Honor.
- This is a victimless crime.
- Victimless?
When somebody's action impugns
the values of society, we are all victims.
Yes, yes, yes. We're all that.
But consider the shy people.
- The shy people?
DENNY: Yes.
If one were a single man,
painfully shy...
...a virgin, time running out...
...one might like to meet this woman.
She could help one.
He's mentally impaired, Glenn.
You know this.
Your own experts said so.
He was born with severe
Fetal Alcohol Syndrome.
Chelina, this was all raised at trial.
At some point, a finding has to be final.
I'm sorry. I realize I'm new...
...but didn't the Supreme Court rule you
can't execute mentally-retarded people?
He has an IQ of 80.
The cutoff point for retardation
in Texas is 70.
Did you even read the prison reports
on Zeke's character?
This isn't about whether
he's been a good boy in prison.
The point is what he did
at the gas station.
Perhaps he didn't do it.
He has an IQ of 80.
All you really have is a confession which
most likely was a product of coercion.
No weapon was found.
DNA placed someone else at the scene.
How about, on the possibility
of Zeke Borns' innocence...
...we hold off just a bit on killing him?
You must be new to Texas,
Mr. Shore.
CHELINA:
I told you not to raise innocence.
- How can we not raise it?
- They hear it all the time, Alan.
"My client is innocent.
My client is innocent."
Every single complaint case,
it's the standard refrain.
It has no impact when you can't
actually prove it, which we can't.
The trier of fact found him guilty.
- That doesn't mean we can't...
- I've done this before.
I know the way it works down here.
Our claim has to be procedural.
It's the only chance Zeke has.
Before you march into court...
...and tell everybody
the confession was coerced...
...keep in mind Zeke hasn't recanted.
He's still maintaining he did it.
Lori. While we understand
your issues with Denny...
...while we are certainly
taking steps to resolve them...
...I don't think you mean to lodge
a complaint of sexual harassment.
- Shirley...
- Because if you do...
...we are required by law
to initiate certain procedures.
It could get very messy
for all involved.
Is that a threat?
He is ultimately a benign man
who we all happen to care about.
Including you.
I think what you really mean to do...
...is to voice your concern unofficially.
I am making an official complaint.
If there's paperwork to be filled out,
please have the forms sent to my office.
You little bitch.
CHELINA: There is no evidence of you
ever having had a gun before.
Or ever shooting one.
Zeke, I certainly don't wanna
put words in your mouth...
...but if you have no memory
of doing it...
If you don't recant...
...by this time tomorrow,
you will be dead.
I'm gonna be dead no matter what.
The question is, do I go
with God on my side or not?
From what little I know of God, Zeke,
he's on your side no matter what.
He also favors the side of truth.
- And if the truth is you didn't do it...
- I did drugs.
I stole.
I was a bad person.
And now
I need to be a strong person.
I need to have courage now, for once.
I'm gonna be brave.
After my marriage dissolved,
my sexual desire became inflamed.
I was in a few relationships...
...and my appetite took on
more the form of an addiction.
When you say "addiction"...
Now, whenever I so much as look...
...at an able-bodied man...
...my southern region turns tropical.
And this compulsion
led you to male prostitutes?
MIRIAM:
Where else was I to go?
I'm a 56-year-old woman.
It's not as if I can
walk into a bar or...
I suppose if I were in a relationship...
What the hell was that?
"My southern region turns tropical"?
That little look to the judge?
Did you coach her to do that?
If the judge likes us,
he gives us a good instruction. Simple.
Might even give us
a directed verdict.
I'm sensing some intent issues
with the prosecution's case.
I can feel it.
The judge has intent issues.
ALAN:
These judges are only human, Chelina.
They certainly have to appreciate
the possibility of his innocence here.
When I left this job, I told everybody
it was because I wanted more money.
The truth is,
I couldn't take it anymore.
I couldn't take seeing clients die.
Did you win any?
[EXHALES]
Sometimes you must have prevailed.
I remember reading a death penalty
was overturned here last year.
Yeah. A New York firm
volunteered to handle it.
It took them 10 years
and cost $5 million.
The state of Texas
has the most overwhelmed...
...and underfunded defense bar
in the country.
They get $25,000
to appeal a death case.
The prosecutors have an
unlimited budget. It's a joke, Alan.
ALAN:
We have good grounds here.
Trial lawyer's admitted
he provided inadequate counsel.
This is the court that held a sleeping
lawyer isn't necessarily inadequate.
You have to show he was sleeping
during the important parts.
You asked me before why Texas...
...instead of having a supreme court,
it has two high courts?
The reason is to speed up
the death cases.
They've cut the time it takes
to execute people in half.
It's why Texas leads the country
in executions, proudly.
Seven of the nine judges you will face
tomorrow are former prosecutors.
Hey.
Hey.
I promise you...
...by the time I finish tomorrow...
...those judges, every last one of them,
will rise up and say:
"Never mind executing Ezekiel Borns.
Let's kill Alan Shore instead."
[LAUGHS]
I'm sorry.
Maybe we...
We should probably get back to work.
Yep.
You told me there'd be
a public presence here, Jerry.
There's one protester outside.
JERRY: What am I gonna do?
It's not as big a story as it used to be.
We'd be better off
with nobody than one.
I'll call you after.
I told you,
you are not wearing that hat.
Take it off.
Listen, last night...
Sometimes lawyers will bond
over a cause, and, well, l...
Chelina...
...let's go argue the cause.
Remember, this motion
is a nuisance to them.
They will antagonize you.
If you even feel yourself
wanting to retaliate, you say:
"With all due respect,
may it please the court."
Anything else?
Persevere. They will try to
shut you down before you even begin.
Persevere.
Got it.
There is no question the defendant
entered into a transaction...
...for which sex was some,
or all, consideration.
However, one element of this crime
is criminal intent.
The burden's on the prosecution to
prove this beyond all reasonable doubt.
If a medical condition deprived
the defendant of her free will...
...or even unduly influenced her...
...she lacked that intent.
Since the prosecution failed
to eliminate hypersexuality...
...or bipolar syndrome...
...or Kl?ver-Bucy Syndrome
as a cause for her conduct...
...well, then I feel I have no choice
but to deliver a verdict in favor of...
...the defendant.
Miss Watson, you are free to go.
What?
- You got to that judge.
- What are you talking about?
- You knew his ruling by heart.
- Boilerplate.
- A ridiculously pro-defense ruling.
- Denny Crane.
What did you do,
promise him a date with our client?
First of all, I would never do
anything like that.
Secondly, if I did, I would never,
ever tell you. Never. Third...
And, you, was there
any quid pro quo here?
How dare you?
Oh, never mind "how dare me,"
you're a serial intercourser.
That ruling was suspect.
- Bribing a judge.
- Never did that.
The two of you are going to
have to live with yourselves.
For now, like the judge says,
you're free to go...
...as is your lip.
Ezekiel Borns murdered a man
in cold blood for a few dollars.
He confessed to it.
The petitioner has gone up and down
state and federal courts...
...exhausting his appeals,
losing his habeas arguments...
...and failing on claims
of constitutional violations.
Four different courts of appeal
have reviewed and rejected...
...each and every one
of his arguments.
Now is the time for this man...
...to pay the penalty imposed on him
fairly and legally.
A Texas jury has decided
that Ezekiel Borns is a dangerous killer.
He has forfeited his right to live.
Thank you.
"With all due respect,
may it please the court."
Good afternoon,
my name is Alan Shore.
Mr. Shore, were there new issues
being raised here?
The first issue concerns the absence
of any African American jurors.
That was previously argued
and ruled on, counsel.
Yes, before the lower courts.
This bench never...
We're not persuaded the absence of a
black juror is in violation of due process.
What's your next issue?
I'd turn your attention
to the fact that the grand jury...
...which indicted Mr. Borns,
similarly was all white.
This raises equal-protection laws...
That issue was never raised
and is therefore waived.
Your Honor, Texas law requires
that the jury recommend death...
...only in cases where they find
the defendant...
...poses a threat
of future dangerousness to society.
We maintain this is unconstitutional.
Juries are supposed to find guilt based
on facts beyond a reasonable doubt...
...not on the basis
of perceived probabilities.
Moreover, as a practical matter...
...since Ezekiel Borns
will remain in prison for life...
...he couldn't possibly constitute
a future threat to society...
...unless the law
assumes prison breaks.
Well, that's an interesting issue,
counsel...
...but that also was never raised
and therefore, it is deemed waived.
Next?
May it please the court.
Mr. Borns' trial lawyer has recently
admitted he was ineffective counsel.
He was abusing cocaine and alcohol
during the trial...
- Not legally inadequate.
- Lf you examine the transcripts...
Mr. Shore, representation
can always be better.
Especially when we play
Monday-morning quarterback.
With all due respect, this lawyer
never gave an opening statement.
He never questioned several
of the prosecution's witnesses.
He failed to pursue a number of leads
and important sentencing issues.
This court right here today
has recognized...
...that many valid grounds for appeal
were never raised.
This court is satisfied
the representation was adequate.
Is there anything else?
Yes. Mr. Borns may be innocent.
The jury disagreed and, legally,
that issue has been settled.
The DNA evidence shows
somebody else was there.
But it does not disprove
that your client was also there.
And your guy confessed, by the way.
My client has an IQ of 80.
- He was interrogated for 16 hours.
- Coercion was never raised...
Never raised because his lawyer
was an inadequate hack...
...though the nine of you seem
quite satisfied with his performance.
With all due respect.
Mr. Shore, you came down here
from Massachusetts?
Yes, sir.
We in Texas have been living
with this case for eight years.
You've been living with it personally?
May it please the court.
- You first met Mr. Borns when?
- Yesterday.
And you are proposing to us
that you know him?
Know what I'd like to propose?
I'd like to propose you got a problem
with the death penalty in general.
Now, is that why you came here, sir?
I am here, with all due respect,
may it please the court...
...because I have a problem
with executing a man...
...with diminished capacity
who may very well be innocent.
I'm particularly troubled,
may it please the court...
...with all due respect, that you don't.
You may not want to regard
my client's innocence.
But you cannot possibly disregard
that 117 wrongfully convicted people...
...have been saved from execution.
One hundred and seventeen.
The system is hardly foolproof.
And Texas, this state...
...is responsible for a full third
of all executions in America.
How can that be?
The criminals are just
somehow worse here?
Last year, you accounted for fully half
of the nation's executions.
Fifty percent from one state.
You cannot disregard the possibility...
...the possibility
that something's up in Texas.
I would urge you to confine
your remarks to your client...
...and not the good state of Texas.
Zeke Borns never had a chance.
He was rounded up as a teenager...
...thrown in a cell
while he was doped up on drugs...
...browbeaten and interrogated
until his IQ of 80 was overcome.
He confessed to a crime
he had no memory of...
Still has no memory of.
- For which there is no evidence...
...other than witnesses
who saw him pumping gas...
...around the time of the murder.
He was given a coked-up lawyer
who did nothing.
I'm before nine presumably intelligent
people in the justice business...
...who have the benefit
of knowing this.
Add to that, you know DNA
places somebody else at the scene.
And you're indifferent.
You don't care.
Whether you believe
in my client's innocence...
And I'll assume, with all due respect,
may it please the court, that you don't.
- You cannot be sure of his guilt.
You simply cannot.
And failing that,
how can you kill him?
How can you kill him?
I would sincerely, sincerely, sincerely
hope you don't penalize my client...
...because his lawyers
happen to be from Massachusetts.
The home of the Patriots,
who could kick ass...
...over any football team
you've got in Texas.
May it please the court.
I am so sorry.
No, you don't have to apologize.
They gave you nothing.
You had no choice
but to go with your passion.
Could have left out the slight
on Texas football, but...
You were strong, Alan.
And maybe you reached them.
The court hasn't ruled yet.
Six hours before, he goes to Huntsville.
That's the law.
What's in Huntsville, bleachers?
It's a death house.
They put me in the Walls unit.
Why move him
if there's still a chance?
[CELL PHONE RINGS]
- Jerry.
- No cell phones in here.
Just now?
They turned us down.
Well, let's go then.
I'm so sorry, Zeke.
I'm ready, Chelina.
I'm gonna be strong like a hero,
you watch.
Will you watch?
I want people to see me strong.
I got no family.
Will you come?
Sure.
We'll be there.
Let's go, Zeke.
I'm going to see the governor.
He bribed the judge?
I can't be sure, but I think
he had some undue influence.
As much as I adore him...
...it's only a matter of time
before he brings this place to its knees.
He's the named partner.
The lead named partner.
I think we've gotta take him out.
ZEKE:
I get ice cream.
- Chocolate.
CHELINA: Yeah, you said.
They said maybe sprinkles.
Guess I don't need to worry
about my cholesterol.
The governor's in Hawaii, unavailable.
There's still hope, however.
I tracked down a woman I know...
...who's performing in a charity luau
where the governor is scheduled to be.
Polynesian dancer.
You're saying this thing
could come down to...
A hula girl.
I know this girl. She's good.
- Zeke...
- Let's do this.
I'm ready to die. I'm strong.
Would you excuse us
for a minute, please?
Zeke, you talked about being a hero.
Strong and brave
may not go with hero here.
What do you mean?
The state of Texas wants people
to believe you're a monster.
I think you should show them...
...you're a human being.
And the human thing to do here...
...is be afraid.
If you want to be a hero...
...show people what it really feels like
to be executed.
We're led to believe...
...it's peaceful, painless.
Humane, even.
I think you should fight
to the end, Zeke...
...and show your fear.
This is because you're against
the death penalty, right?
Well...
...whether a person is for or against
the death penalty...
...he or she should just know
what it is.
The best way for you
to be a hero, Zeke...
...is to be human.
I've included the case history, should
he care to peruse it over his mai tai.
Excellent, Angela. You have my number,
you have Alan's, and Chelina's cell...
...and the number at the Walls unit.
Thank you. Aloha. Make speed.
He's actually petitioning
the Texas governor by way of...
Hula girl.
Justice works in strange ways, Paul.
Ask Judge Brown.
- Did Denny bribe him?
- I can only guess.
Tara, do you ever feel
sexually harassed by Denny?
Never.
- He never objectifies you?
- All men objectify me.
I don't.
I don't.
[PHONE RINGS]
Hello, Angela?
ALAN:
Yes, without question.
He must be there, Angela.
I got his schedule directly from
his press-secretary's assistant.
You got my fax? In your hand?
Then find the governor
and get it in his.
We have less than 10 minutes.
Maybe five.
Okay.
No cell phones are allowed in here.
How did you get by with that?
I told the guard we were waiting for
a last-minute call from your conscience.
Collect.
You see that guy?
Media. One guy.
It's not even a story.
Do I get to say my last words now?
If you like.
It's just...
...I don't know if I did it.
But if I did, I'm sorry, you know?
Time to get on now.
Okay. Thank you for everything.
GUARD 1:
Get his legs, get his legs.
Get his legs.
GUARD 2:
Get him over here.
GUARD 3:
I got it. Right there.
GUARD 4:
I got his leg.
NARRATOR:
Next on Boston Legal:
You went out and got this case
to keep me from Texas.
Don't be ridiculous.
Alan seems to be
getting close to Chelina.
- Are you and he...?
- We're fine.
I wanna stay because of you,
but I think I need to go because of you.
For your information,
I like chubby girls.
I've always enjoyed chubby sex.
Lori filed an internal complaint
against you for sexual harassment.
Subtitles by
SDI Media Group
[ENGLISH SDH]