The Practice (1997–2004): Season 1, Episode 5 - Part V - full transcript

Previously on The Practice.
Do you know anything about this?

"Single white female,
attorney--"
Where'd you get this?

Podiatrist, 40-ish, loves movies
and Maine. Spoke to him
for an hour last night.

Dr. Braun, I am both
mindful of your presence...

in the courtroom
every day and of your loss.
Why don't you die?

We've heard doctor after doctor
talk about Ronald Martin--

How he was temporarily insane,
how he wasn't responsible.

Ronald Martin, the man
who strangled Donna Braun
for seven minutes.

[ Man ]
On the charge of first-degree
murder, we find the defendant...

not guilty by reason
of temporary insanity.

You're filth!
You should die!
You should die!



[ Braun ]
I shot him.
And I watched his neck explode.

And it was joyous.

If Gerald Braun came
to you before and said,
"Oh, by the way,

I'm going to kill Ronald
Martin," I hardly think you'd
give him your moral blessing.

Well, you would be wrong,
Mr. Goode.

Because Dr. Braun
did come to me. And I did
give him my blessing.

I don't believe this.
That's not in the Torah.

Page Jimmy! As soon as they go
off the air, tell him to drag
Danny's ass in here!

You encouraged Dr. Braun
to commit a homicide.

This is not an appropriate thing
rabbis should do
with their congregants.

Mr. Warner?
Yes?

Detective Robert Bell,
Boston Police.

Would you place your hands
behind your back, please, sir?
What? Why?

He's basically been arrested
for exercising his right
to free speech.



All speech isn't
protected, counsel,

especially the kind
that facilitates murder.

[ Bobby ]
He gave an opinion.

A congregant came to him
seeking spiritual counsel,

- and he gave
his learned opinion.
- Your motion is denied.

Rabbi Warner will stand trial
for accessory to a homicide...

to commence
immediately following
the Gerald Braun murder trial.

Busy month for you.

[ Woman ] Rabbi Warner,
can I get you to comment?
No comment.

People have dubbed you
the "killer rabbi."
Do you have any reaction?

I'd like to respond.
I think this "killer rabbi"
crap is disgusting.

I mean, if he was black,
you'd just call him "killer."

Or if he were a regular
white guy, you'd say,
"the accused."

But give the guy a yarmulke,
and you all gotta push the
ethnic buttons. It's shameful.

Jimmy.
No further comment.

[ Line Ringing ]

[ Cell Door Opens, Closes ]

[ Sirens Wailing ]

[ Policeman ]
You can go on in.

Okay, Stephan,
trial is set for tomorrow.

Should be quick.
They're putting up the victim
and the arresting cop.

That's it. One or two days,
unless you can think of anybody
who could testify for you.

Questions?
Just one.
Who are you?

Aren't you Stephan Furnald?

Okay, Stephan?
Yeah.

The trial's set for tomorrow.
It should be fast.

They're putting up the victim
and the officer.
Figure one to two days.

Questions?

Make me an offer.
You're married.

Stephan Furnald case.

Oh.
You got one witness, Renee.

It was night.
I get reasonable doubt
just thinking about it.

Uh-uh. And your Stephan Furnald
has three priors.

The parking lot was well lit.
And I have eyewitness testimony.

I'll play the race card.
That's why they put me
on this case--

to take away your race card.

Three years, two suspended,
we plead guilty.

So he serves just one?
If you lose, he walks.

Look, I'll tell you what.
I shouldn't do this.

I mean, I could lose my job.
But, uh, a hundred bucks.

Sorry?

Hundred bucks says you lose.
You want to bet on it?

You took this
court-appointed, right?
Mm-hmm.

That means your fee
tops at 700.

Now I am just giving you
the chance to make 800.

Of course, if you don't
really think you can win
this case, I understand.

Ah-ah-ah. I'm in.
With a rider.

It's double if the jury takes
less than an hour to deliberate.

Hmm. You got it.

I don't understand.
You're meeting him for both
lunch and dinner?

The lunch is to get
the meeting part over with.
Oh.

The date is in the evening,
assuming, you know--

Are you all right?

[ Sighs ]
Not really.

The truth is I would have
preferred to just keep
the phone relationship...

going for another month,
or, you know, a year.

Becca, will you help me
with my makeup?

Of course.

Thanks.

They'll drop to murder two,
but no go on manslaughter.

Which means what?

Trial.
No point in copping
to second degree.

My advice-- temporary insanity.
I think the jury
will jump at it.

Temporary insanity.
The Ronald Martin defense.

Your daughter was murdered.
The pressure of the trial
topped off with an acquittal.

You snapped.
No.

Excuse me?

No.

I will not use the
Ronald Martin defense.

I knew what I was doing.
I won't pretend otherwise.

Gerald.
No!

- Dr. Braun,
you have no other choice.
- Look at you.

You're advising me to lie.

And you sit there poleaxed
at my hesitation.

Is dishonesty so organic
to this system...

that you're actually thrown
by a client who opts
for the truth?

Let's fix the system
next week.

For now, you have
a temporary insanity defense
oran extended prison term.

If I seem thrown, maybe
it's I'm surprised a person
who shot somebody...

in the head could be such
a stickler for principle.

That's not fair.
How dare you.
Mrs. Braun,

it is not my function
as a lawyer to coddle
either one of you.

This is a murder trial.
It'll get rough.

If you want comfort,
go to your rabbi.

Though I suspect that's partly
what got you in this trouble
to begin with.

We should go with
the rabbi on this one.
What does that mean?

Well, stand right up in court
and say what Daniel said
on the TV show.

It's more right
for Ronald Martin
to be dead than free.

We can't do that.
Of course we can.

Just wink to the jury
and say,

"He did it.
Let him go anyway."
There's a name for it.

It's called jury nullification.
And ethically, a lawyer
can't argue it.

Our client shot off
a guy's head. We're gonna
get caught up on ethics?

Put it right to that jury.

Ronald Martin got
what was coming to him.
What if it was your daughter?

Who wouldn't pull that trigger?
This is America.

Boom. Not guilty.

Cancel whatever
I got tomorrow, Beck.
I'm going to trial.

On Furnald?
D.A. won't deal.

She'll bet though.
I got a hundred bucks
saying I'll win.

[ Sniffs ]
Podiatrist?

[ Chuckles ]

You made a bet on Furnald,
the armed robber?

The very one.
They have an eyewitness.

Have you ever seen me
cross-examine an eyewitness,
Lindsay? Tell her, Bobby.

He's good.
This eyewitness is perfect.

When I hear they're perfect,
I just smile.

You want in on the action?
Hundred bucks to you.

- Don't do it.
- I handled the arraignment
on this case.

- I read the incident report.
He can't win this.
- Lindsay, don't bet him.

- A hundred bucks.
- Cha-ching!

- [ Both Laughing ]
- You cannot win this case.

And if you do, I'll be
watching. The education
will be worth the money I lose.

- Come on, Jimmy.
- You cannot win this case.

You won't.

The defense reasserts its plea
of not guilty, Your Honor.

And we would be seeking
an immediate trial date.

Not guilty by reason
of insanity?

No, Your Honor.
Straight not guilty.

Do you plan to challenge
the constitutionality
of the confession?

No, Your Honor.

Plea of not guilty
is so entered.

I'll see counsel
in chambers.

- Well?
- My client insists
on not guilty.

- He refuses to argue insanity.
- You're going
jury nullification?

I don't know
what I'm doing yet.

You don't know what you're
doing and you're asking
for an immediate trial?

Do I look like an idiot?
Do I?

I will hammer that jury
with the strongest instruction
I have ever crafted. Know that.

I've got a job to do,
Your Honor.
As do I!

You'd better come up
with something else.

I will not let you
argue to the jury
that they ignore the law!

I'll just be going not guilty
on the elements, Your Honor.
That's it.

Right.

[ Thunder Rumbling ]

Working late?

Trial starts first up.
I'm curious, Eugene.

Why didn't you ask for
a probable cause hearing?

On this?
If nothing else, it would've
been good for discovery.

They only would've put up
the cop. And there's
no discovery with him.

The whole case
is the victim's
eyewitness testimony.

Then why didn't
you try to get it kicked
on constitutional grounds?

You going to law school
on the sly, Rebecca?

You don't need to be
a lawyer to know...

there's something wrong
with an I.D. made while the
suspect is wearing handcuffs.

The suspect was made
three times. Once before,
once after the arrest.

Okay.

I guess I'm wrong then.

Say what you have
to say, Rebecca.
Since you ask,

this case is court-appointed.

You get paid the same, which
isn't saying much, no matter
how much time you put in.

Seems to me you could've
brought probable cause
or motions to suppress.

But you're happy just to jump
through the court-appointed
required hoops.

- Done?
- That's all.

- First off, the guy did it--
- Almost all our clients did it.

- I thought you were done.
- I had no idea you were
gonna say that.

Second,
a probable cause hearing
or a constitutional challenge,

they would have
been so futile--

- But you could've preserved
the grounds for appeal.
- Third!

- How I choose to defend a case
is none of your business.
- Firm business is my business.

And if I see malpractice,
it's my responsibility--
Malpractice?

Rebecca, you know nothing about
the actual practice of law.

And you seem to be overlooking
the fact that
I'm going to win.

Winning rarely amounts
to malpractice.

Good thing for Mr. Furnald
you got money on it.

[ Door Closes ]

Let me ask you a question.

All that stuff you were saying
earlier, "Who wouldn't
pull the trigger?"

All that stuff?
Yeah.

Level with me, Jimmy.
When you first heard...

Jerry Braun killed
Ronald Martin, how'd
you feel in your gut?

My gut?
In your gut.

I said to myself,
"Good for him."

I mean, I don't
support it or nothin'.

But if I had a daughter
and somebody killed her,
I'd want him dead.

You think the jury
will think like that?

I do.

So what we need
is some legal angle...

that allows them to go
with how they feel.

Well, you mean some legal angle
that allows them
to ignore the law?

Yeah.

[ Chattering ]

[ Sighs ]
Man, what's taking
so long?

The judge will be
in any second.
The jury will follow.

Let me see the face again.

Good.
Now sit up straight.

Don't scowl, no matter
what the witness says.

Yo, when do I get
to testify?

We'll cross that bridge
when we're drowning.
For now--

[ Man ]
All rise.

I got it.
We got a defense.

Moral justification.

- It's a duress theory.
Little used.
- Moral justification?

Not an absolute defense.
But it can get murder
shot down to manslaughter,

which in this case,
is as good as an acquittal.

What do you mean,
it's "as good
as an acquittal"?

The D.A. is only
charging murder. He's not
charging manslaughter...

in the alternative because
he's afraid if the jury has
that option, they'll jump at it.

Now, I'm confused.

If he gives the jury
the choice between murder
and manslaughter,

he's figuring the jury
will pick manslaughter,
you being sympathetic.

So he takes away that choice
by not charging anything
but murder one or murder two.

He's going all or nothing.

Which means if we can convince
the jury you're only guilty
of manslaughter,

you get
a straight acquittal.

Could they then come back and
charge him with manslaughter?

No. Double jeopardy applies to
lesser included offenses.

They have to charge manslaughter
now, or forever lose it.
Good going, Jimmy.

See, now we got something
to go in there with.

You were acting in the heat
of passion.

The passion was your
sense of moral right.

It's different from
straight jury nullification.
And we can argue that.

Good going, Jimmy.

[ Man ]
I was loading groceries
into my car when he appeared.

He being?
The defendant.

He suddenly had
a knife at my chest,

demanding my watch
and wallet, and saying
that he would kill me.

And then
he lowered the knife
to my groin area.

What happened then?
I gave him my watch
and wallet.

- And then what happened, sir?
- He just ran off.

[ Renee ]
And this all happened
about what time?

[ Man ]
It was exactly 9:03 p.m.
I looked at my watch,

probably 'cause I knew
I'd never see it again.

And how was the lighting
in this area, Mr. Agosta?
It was very good.

There were lampposts
every four parking spaces.

And five of the eight cars
near to mine were white,

which I'm sure added
to the brightness.

- I got a perfect look at him.
- Now, Mr. Agosta,

did you have an occasion
to see the defendant again?

Yes, I did. The police
responding to my call...

said that a man fitting
the general description had been
picked up about a mile away.

And we drove to the area.
And the police had
that man in detention.

And I identified him
as the man who robbed me.

Now, Mr. Agosta,
can you state with
absolute certainty...

that this man sitting here
at the defense table...

is the same man
that you saw...

on two occasions on the night
of February 12...

and then again in the police
lineup on February 13?

I'm absolutely certain, yes.
That's the man.

Thank you.
I have nothing else.

Your witness.

Mr. Agosta, you seem
to have a pretty good grasp
of the detail.

Well, I'm a photographer
by trade.
So, uh, yeah.

I have a pretty good eye.

I'd say outstanding. You not
only remembered that five
of the eight cars were white,

you even identified the little
trees the suspect hopped through
when he ran away.

Well, yeah.
Like I say, I have
a photographer's eye.

Yes.

But when it came time to
describe the suspect himself,

you said only that it was
a "black man with a big head."

Well, it was him.

You sit here today remembering
the placement of lampposts,

the color of
the surrounding cars,
the exact time to the minute,

but as for what
the suspect looked like,
"black," "big head."

Yes, sir.
As I said, I'm certain
that it was your client.

Mr. Agosta,
were you a little scared,

this knife all of a sudden
being put to your chest?

I was scared, yeah.
But if you're asking...

did it compromise
my powers of observation,
I would honestly say no.

You were looking at the knife,
weren't you?

- I was looking at both
the man and the knife.
- Uh--

Well, for the knife you
remembered "stainless steel,

serrated, wooden handle,
nine inches."

For the man,
"black," "big head."

Look, I'm not gonna say
that I wasn't frightened.

Would you say you were
very frightened?

Very frightened.
Why? You know
you get along.

You've been laughing
and talking on the phone.

Yeah, but he hasn't
seen me yet, Rebecca.
Today he sees me.

Ellenor, you are
a very beautiful woman.

Yeah. Well, maybe
I'm just nervous
about the whole,

you know, eyes
of the beholder thing.

Moral justification?
For a homicide?

- It's different than
jury nullification.
- It's not different.

- He's gonna be arguing--
- I don't have to be
drawing you a map.

Your Honor, I'm bringing this
to your attention now...

so we don't waste time
going back to chambers
once the trial starts.

I'm arguing heat of passion.
The passion can be driven by
a man's moral state of mind.

- That's ridiculous.
- Fine. You make your arguments.
I'll make mine.

Is this why the rabbi is on
the witness list? Is he gonna be
testifying God is on your side?

Whatever he testifies,
you can cross-examine.

Mr. Welk, I seriously
suggest that you charge
manslaughter in the alternative.

Not a chance.
If you don't make
murder two, he walks free.

They're flaunting this.
He planned his crime.
He went home.

He went to discuss it
with his rabbi first.

This wasn't heat of passion.
This was cold, calculated
execution.

Then these people go on
television and exalt it.

This is murder in
the first degree all the way.

- The jury might reject that.
- We're not offering
manslaughter.

This is exciting.

You gotta admit.
Okay.

Somebody is gonna be real
disappointed. Are you still
ready to try this next week?

- Ready.
- Ready.

Ready.

I am.

[ Eugene ] Mr. Agosta,
when the police told you
they might have the guy...

and you got into the squad car
to identify the person they had,

truthfully, you wanted
it to be the man who
robbed you, didn't you?

Of course I did.
I wanted him off the street.

- And I wanted my watch
and wallet back.
- Ah, that's right.

Do you know whether they found
your wallet and watch in
the possession of my client?

- I'm told they didn't.
- What about the stainless steel
serrated knife?

Did that turn up?
I'm told it did not.

When you pulled up to the scene,
where did you see my client?

He was standing between
two uniformed police officers
about 20 feet away.

He was handcuffed?
Yes.

And you said, "That's the man.
That's the man who robbed me,"
right off.

No. No. I got out of the car
and took a close look first.

- You didn't identify him
from the car?
- Nope.

So as you looked at him from
the car standing 20 feet away,
he didn't look familiar?

Well, eh, it looked like
it might be him.

- How so, sir?
- Well,

size and build-wise,
it could've been him.

[ Eugene ]
Size and build?

Ten minutes earlier,
you couldn't give the officers
a size and build description.

Well-- Look, I was still
in shock a little bit.
I'd just been assaulted.

You were in shock? You mean
your powers of observation
might've been affected a little?

Objection.
He's badgering the witness.

- Overruled.
- As you saw this man
standing 20 feet away,

what about him made
you think this is the man
who robbed you, sir?

I don't know.
I just remember thinking
that it might be him.

So that's why I got out of
the car to take a closer look.

And when I saw him up close,
I knew it was him.

- But you couldn't recognize him
from 20 feet away?
- That's right. I said that.

- Asked and answered.
- You couldn't identify
my client from 20 feet away.

- Asked and answered.
- But yet the next day
in a police lineup...

standing 20 feet away,
you did recognize him.

- How is that possible?
- Objection.

- [ Judge ] Overruled.
- Twenty feet away the night
before you can't tell.

Twenty feet away
the following morning,
you pick him out in an instant.

After I saw him
the second time,

there were other characteristics
that registered--

um, build, stance, posture--

Ah! So the next day
when you picked my client
out of a lineup,

you were going
off the things you saw
when he was in police custody?

Well, yes.
Not the things you remembered in
the grocery store parking lot?

By the way, would you
call that a big head?

Well, it seems smaller today.

But you told the police
you were absolutely certain
the suspect had a big head.

- Maybe I was wrong about that.
- Or maybe you were right.

A photographer by trade with
a gift for the detail, maybe it
was somebody with a big head.

- It was him!
- Then you were wrong
about the big head?

- I said I was!
- How could you be wrong about
something so general as that?

I don't know, sir!
As I said before,
I was in some shock.

Oh, yes!
You were in some shock.

What's up?

What's up is
I gotta know something.

What?
When Gerald Braun
came to you,

when he left your office,

did you know
what he was about to do?

Think I wouldn't
have stopped him?

Danny,

did you know?

Of course I didn't know.

I knew he wanted
to kill him.

I never thought
he would actual--

Of course I didn't know.

Then why didn't
you stay with him?
You knew he needed you.

Exactly what's
the accusation here?

Danny, help me out here
a little, please.

Don't you think you gave him
the moral empowerment?

Don't you think you gave him
the righteousness he needed
to see it through?

Let's not kid ourselves.

Ronald Martin is dead
in large part because of you.

I'll ask again.

What's the accusation?

I am walking uphill
into a murder trial that will
be very difficult to win.

I need to know exactly
what I'm dealing with.

Friend to friend,

I don't grieve
for Ronald Martin.

But I never thought
Jerry was about to go off
and actually kill him.

[ Man ]
He appeared to react nervously
to our presence.

Fitting the general description
of the suspect,

we detained him
until the victim arrived,
making a positive I.D.

Thank you, Officer.
No further questions.

He reacted nervously
to your presence.

- You shined your searchlight
right in his face, didn't you?
- We shined it on his person.

Do you think it's unreasonable
for a black man
in South Boston...

to be nervous about
two policemen pulling up...

and illuminating him like a deer
caught in their headlights?

I don't think he had
any reason to be nervous
if he were innocent.

Silly me.
The general description...

you were talking about,
that would be
"black," "big head"?

Yes.
Did you or your partner...

approximate the circumference
of my client's cranium?

We detained him because he was
black in the area of the crime
acting suspiciously.

Acting suspiciously
before you lit him up?

Um, no, after.

Thank you. That's all.

The prosecution rests,
Your Honor.

Thank you, Officer Guthrie.
You can step down.

Mr. Young, we can break,
or you can call
your first witness.

We rest, Your Honor.

Concluding arguments at 3:00.
We'll adjourn till then.

[ Gavel Raps ]
What's going on?

Trust me.
Shouldn't I get up there
and say I didn't do it?

You take the stand, your priors
are gonna be put into evidence.
This way it stays out.

Yeah, I know.
But if I say nothing,
how is that gonna look?

What are you gonna say,
Stephan?

That you were just out
taking a moonlight stroll
on the streets of South Boston?

Nature walk?
You got three felony priors.

How would that look?
They didn't make their case.

That's our defense.

Come on.

[ Chattering ]
♪ [ Country ]

Ah.
Hey.

[ Man ]
Sorry I'm late.

Excuse me.
I'm supposed to meet somebody.

[ Scoffs ]

- George?
- Ellenor?

Hi.
Hi. Finally.

What a pleasure. And what
a relief to be getting
this part over with.

Absolutely.

Oh, sit.
Please, sit.

You lied to me.
You said you weren't beautiful.

Oh, well, you know lawyers.
We're taught to
conceal the facts.

[ Chuckles ]
And just
as funny in person.

Well, I am not gonna lie.
I was so nervous
about meeting you.

Jimmy, come on.
I spoke with Sackman and Kent,
the jury consultants.

They gave me a list of questions
we should be looking to get
"yes" answers to.

Good. I'm gonna go try
to kick venue to Charlestown.
Why?

People grow up with
an "eye for an eye" code
in Charlestown.

Our kind of folks.

- Listen--
- What?

Uh, Bobby,

I feel a good connection
to the Braun case.

I kinda came up
with the game plan.

And I was wondering whether
maybe I could run with it.

Jimmy, you've been
doing great work.
But this is a jury trial.

I was losing with jury trials
'cause I sweat.

And sweat on the forehead
makes you come off distrustful.

But I've corrected
the problem.

You saw me on TV.
I didn't sweat.

Under hot lights even.
Not a bead.

Jimmy, I--
I don't know.

I'm right for this one.

You gave the tobacco case
to Lindsay even though
she'd never done a jury trial.

You had a feeling
and you went with it.

Yeah.

Well--

I don't have
that feeling here.

Oh. Okay.

I want you as second chair.
You're important to this case,
definitely.

Okay. Sure.

Okay. Let me know
what you need.
I will.

"It was him."
"It was him."

"It was him." "It was him."

Now how many times
did we hear Mr. Agosta
say this?

Now he was standing
nose to nose.
The lighting was clear.

And he told us
in this courtroom...

that that is the man
that stuck a knife to him,

threatened to kill him,
and then robbed him.

Now the defense counsel...

did a lovely job
of trying to confuse
the witness,

rattle him,
see how much water
he could make him drink.

But he could not
shake him...

on the one and only issue
in question here.

Who did it?

He did.

He did.

No, he didn't.

But that's what
we all want to believe.
Let's be honest.

'Cause if it's him, we can be
relieved that the bad guy's
off the street.

We can feel safe.
And that's what Mr. Agosta
wanted to believe...

as he was driven to see the man
in police custody.

Let it be him.
Let it be him.
Damn it, it must be him.

And when he saw Stephan Furnald
there with handcuffs on,

it became just
a little bit easier
to conclude it was him,

didn't it?

Let me tell you what I think
you may already know.

A man puts a knife
to this person.

And as he says in his testimony,
he went into shock.

And nothing really registers.
Just "black," "big head."
That's all.

Then the suspect runs away.

And Mr. Agosta gathers himself.
He settles.

And while waiting
for the police to show up,

he takes stock of
the lampposts, the white cars,
the fern trees.

That's why he remembers
that stuff.

He processed it in
a relative state of calm.

But in the heat
of the crisis, "Black!"
"Big head!" That's all.

And if you were to believe that
description, you must acquit.

'Cause Stephan Furnald
doesn't have a big head.

My head's bigger than his.
So's Your Honor's.

- No offense.
- Just proceed, counsel.

The reason the law demands
a police lineup,

ladies and gentlemen,
is because it is
an accepted truth...

that when a victim
identifies a lone suspect
in police custody,

he is more likely
to automatically conclude
it's the guy.

As a matter of law,
those identifications...

are deemed unreliable,
untrustworthy, tainted.

That's why the police
had to bring Mr. Agosta
back the next day...

for him to pick a suspect
out of a lineup.

'Cause the I.D. he made
the night before was unreliable,

untrustworthy,

tainted.

Now you might say,
he did pick Stephan Furnald
out of a lineup.

Of course. But he wasn't
identifying the guy who put
the knife to his groin.

He was recognizing the man
he saw in police custody.

But the man in custody,
this man,

is not the man
with the knife,
not the big-headed man.

This man is only who
Mr. Agosta wants to believe
is the bad guy.

And he admits his confusion.
Big head, then no big head.

It's a normal-sized head now.
Imagine that.

So all we're left
with is black.

Stephan Furnald
sits here black!

Just black.

They found no knife,
no wallet, no watch.

There's no physical evidence.

Just an eyewitness,
who in shock...

said that he could only give
a general description.

Half of which,
the "big head" part,
he retracted.

Do I really have
to stand here and argue...

there's some
reasonable doubt?

This was great.
[ Exhales ]

Listen. Can I, um,
give you a ride
or walk you to your car?

Oh, no.
Actually, um--
Excuse me.

I'm, uh, gonna go
to the clerk's office.
It's just across the street.

What about tonight?
Did we decide dinner or movie?
Uh--

I meant to bring the listings,
but I forgot.
You know, George.

I'm gonna need to take
a rain check on that.
I'm sorry.

Oh? Well, okay.

It's just that I'm working
on this big 10-B5 case which I
thought was gonna be continued.

The judge suddenly
is just trying to jam us.

I think he wants to try
and force a settlement.

I have to be in federal court
first thing in the morning.
Sure.

Well, maybe Friday
or Saturday night.
I would love to, really.

I would. Um, I have
some houseguests coming.

Otherwise, it'd be great.

Listen, why don't
I call you tomorrow.

I can get my calendar out.
And I think I'm really
very clear next week.

I'm, uh, out of town
next week.

Okay. Um-- What about,
uh, week after then?

Fine.
Week after sounds good.

Great.

I just got this fax
from the clerk's office.

A notice of appearance of
a new D.A. in the Braun trial.

Asher Silverman?
You know this guy?

Asher Silverman is a legend.
He has never lost
a murder trial.

- So this'll be a first then.
- He's also an Orthodox rabbi.

What are they up to?
This must be in response
to our moral duress strategy.

- He's a D.A. and a rabbi?
- Mm-hmm.

Maybe this makes him
more compassionate.
He could be willing to deal.

I don't know how he is
as a rabbi, but as a D.A.,
this guy is ruthless.

They're not bringing him
in here to make a deal.

This is obviously
to offset any argument
we make on Jewish law.

- Which is why I gotta know.
- We're on solid ground.

Ah. Ellenor, good.
I need you. You're third
chairing the Braun case.

I'm really sorry, Bobby.
I just can't do that.

Why?

I'm just not comfortable
working on this case.

Please don't ask me
to participate.

I'd really ask that
you respect me on this.

Okay.

[ Goode ]
Forgive me.

Could I be so intrusive
as to ask why?

You wore your yarmulke
on that television program.

When a rabbi
speaks as a rabbi,

he represents Judaism.

You represented it
as vengeful.

And as a Jewish person,
I was offended.

I--

I'd just rather
not work on the case.

Fine.

I don't know why you didn't tell
my side of the story.

You told me you were out
for an innocent walk.
That's all I needed to know.

You didn't ask no
hard questions. It's almost like
you didn't wanna know.

Well, defense lawyers
gotta play by certain rules.

And one of them is I'm stuck
with whatever you tell me.

And I can't argue something
I know to be a lie.

So, sometimes the less I know,
the more free I can be
with our defense.

Now you...
follow any of that?

Yeah. All of it.

They have a verdict.
Whoa.

Thirty-six minutes.
I can tell time.

All right.

Will the defendant
please rise?

Members of the jury,
have you reached your verdict?

We have.

On the matter
of Commonwealth
versus Stephan Furnald,

on the charge of
first-degree armed robbery,

we find the defendant
not guilty.

[ Chuckles ]

All right, Stephan.
You're a free bird.
Eat right and exercise.

Thanks.
[ Judge ] The defendant
will see Probation.

Then he will be released
forthwith. Adjourned.

[ Gavel Raps ]

Small bills only.
Mm-hmm.

Buy yourself a new tie.

Oh, Mr. Young.
I'm free no matter
what now, right?

Correct.
So, no matter what they say,
they can't retry me or nothing?

Also correct. Double jeopardy.
But I wouldn't be holding
any press conferences.

[ Scoffs ]
Oh, man.

I only want
to say this to you.

I didn't do it.
Man, I didn't
stick that guy up.

I was just out
taking a walk.

So, uh, thanks
for believing in me.

What'd he say?

You know,

just thanking me.

Ah.

- Change of venue to where?
- Uh, Charlestown, Your Honor.

You could still keep
jurisdiction if you want.

You think there might be
less media attention
in Charlestown?

Could it be possible that you
want a Charlestown jury,
counsel?

- I'm just looking for
a fair trial, Your Honor.
- [ Chuckles ] Yes.

Or you might be looking
for a jury to come back
and pronounce your client mayor.

Motion to change venue
is denied. Gerald Braun
will stand trial here.

[ Gavel Raps ]

I postponed it.
That's all.
So now what happens?

You know, the usual.

You know, I'll call him
at home during the day
when I know he's at work.

I'll leave him a few polite
messages on his machine.

He'll eventually
get the message.

And then--
I don't know--

I'll meet up with him
sometime around...
never.

You got it
all figured out, huh?
Oh, yeah.

I know how it works.
Trust me on this one.

Ellenor, you had
no right to do that.

Right?
I need a right?

For the kind
of treatment you expect
from other people--

It just wasn't there,
the chemistry. It's got
nothing to do with rights.

But you rejected him
because of his looks.
And?

"And"? And you can
live with that?

Can I live with it?

Yeah.

I've been living with it
my entire adulthood.

I'll survive.
And I'm sure so will George.

You could've at least
been honest with him.

Playing that stupid game?
I mean, come on.

Let me explain something
to you, Rebecca.

You're grateful for the game.

You appreciate some excuse
like houseguests,

or there's just
too much work piling up.

It's a lot easier to take
than the truth.

And it's a lot easier
to believe, even--

And as for my right,

if I have ever earned
an entitlement to anything--

Never mind.

First up, Jewish law.

Between now and next week,
you are gonna make me an expert
on the Talmud.

Hey, how'd lunch go?
Oh, fine.

Good.
Jimmy, where were you?

- Venue motion?
- Somehow I thought
you'd be okay without me.

A minute, please, now.

I want and need
your help on this case.

But make no mistake,
you are not
a good trial attorney.

I'm sorry
to be brutal, Jimmy.
But this is a homicide case.

For you even to ask for it
is selfish and totally unfair
to the client.

I consider you an asset
to this firm.

But for now, your job is
primarily motion practice
and trench work.

Let's not have
any illusions.

Now come on.
We have to meet
with our client.

♪ [ Blues ]
[ Chattering ]

Hey.
Hey.

I'm buying.
Came into some cash.
Another one.

Yeah, I heard.

Usually when you win,
you come back with a strut.

[ Chuckles ]

My client did not commit
the crime with which
he was charged.

And it never even dawned on me
that he was anything but guilty.

Well, they almost
always are guilty.

That's not the point.

The point is the one you were
trying to make yesterday.

I'm convicting them before
they even get to the judge.

And I'm the defense lawyer.

Yeah.

Well, you got an acquittal.

Yeah.

Probably why I feel so good.

[ Chuckles ]

To the winners?

[ Thunderclap ]

Am I the only one that sees
the utter perversity of this?

Ronald Martin commits
a murder, they assign
a junior varsity D.A.

For me, they bring in
the heavyweight.

Pam Borge is not
junior varsity.

But they're pushing harder
on this than they did
on Ronald Martin.

That's because you
went on TV, Danny,
and you embarrassed them.

- They're making an example
here because of you.
- I was trying to protect him!

Well, you didn't protect him!
If you hadn't shot off
your big mouth,

we'd be getting
manslaughter right now.

- It's still not too late
to switch to insanity.
- No.

It's not too late to hire
a new lawyer either.

That was the sanest moment
of my life. I'll get right
on that stand and say so.

Say it like that
and wave bye-bye
to your wife and world.

- Who the hell's side
are you on here?
- Listen to me, both of you!

The whole world
may be cheering!

Publishers may be bidding
to tell your story!

All I care about is what
12 people in a box
are gonna think!

This D.A. isn't good.
He is great!

He has never lost
a murder trial!

And if he can convince
those jurors to ignore
the cheering and the sympathy...

and concentrate on the law
like they should be doing,
you both go away!

Because you committed
premeditated murder,
and you were an accessory.

I'm on your side.
But I am telling you,
we are in trouble.

Next onThe Practice.

- [ Woman ] Rabbi Silverman,
what is your position?
- There.

Let me tell you a few things
about Silverman. He stays still.
Almost motionless sometimes.

He'll slowly move towards you.
He won't shout
or thump his chest.

He just moves in very slowly,
trying to intimidate you.

Last chance.
We'll still take manslaughter.
He could walk.

I think not.

Why don't we just argue
temporary insanity?
The jury--

No!
They'll let you go!

I wasn't insane.
I won't say that I was,
damn it.

Do you swear to tell the truth,
the whole truth,

and nothing but the truth,
so help you, God?

So help me God.

[ Woman ]
You stinker!