The Practice (1997–2004): Season 2, Episode 19 - The Trial - full transcript

Hellen and Bobby's relationship is sent into a turmoil, when they are put at opposite sides of the same juicy, high-profile murder case, and neither is willing to back out. Eugene represents Rebecca's old and cranky uncle for tax evasion.

- I like it.
- Thanks.

It's menswear.
I mean, they're nice clothes,
but suits are for men.

Why?
Looks better on her.

No offense, Jimmy.
Well, that's rude, Rebecca.

You like it?
Well, I gotta get used to it,
but, yeah, it looks hot.

Where?
Oh, no.

All right.
Tell him I can be there
in about 10 minutes.

Great.
You gotta be kiddin' me.
I wish I were.

Homicide scene.
They think I need to see it.

Why?
You don't want to know.

[ Whistle Blowing ]
[ Sirens Wailing ]



Five minutes.
I'll be right back.

[ Man ]
You guys, move it!

Let's go.
Keep comin'. Keep comin'.

All right.
Hold up there.

All right.
There you go.

[ Mike ]
The coroner said
she's been dead about 24 hours.

Sorry for pullin'
you down here, Helen, but with
the jurisdictional tug-of-war--

It's okay.

It's bad.

Mike.

Found the poem.

"Cloudy,
with a chance of membranes.

Scattered hands."

The right one's up there.



The left one's in the corner.

- You called the F.B.I.?
- Yeah.

- She was raped first?
- Can't tell yet.

Okay. Well,

it looks like the Poet.

We leave everything where it is.
Nobody moves
or removes anything.

- This will be
a federal investigation.
- [ Mike ] Fine.

We leave everything
for the F.B.I. to see.

My God.

[ Line Ringing ]

[ Cell Door Opens, Closes ]

[ Sirens Wailing ]

[ Jimmy ]
I've read about this guy before.
[ Rebecca ] Yeah. "The Poet."

Leaves a little limerick
at the scene.
Hmm.

Cuts off heads.
And it's always
great-looking women too.

This is the fourth one.

Knockout body. No head.
It's sick.

Tellin' me to take a plea.

I don't need to hire a lawyer
just to tell me to give up.

No, you don't. Please wait
in the conference room.

I'll be in shortly
with a list of new attorneys.

Don't be makin' smart neither.
I'm not too old
to take a swing at you.

And I'm not too young
to swing back.

Uncle Ty, please go
into the conference room.
Don't you be talking to me--

Please go in there and be quiet!

He is driving me crazy.
I got it chopped to six months,
all suspended,

he still won't take it.
Because I'm not
gonna say I'm guilty!

You are guilty!
You don't pay your taxes.
It's a crime.

[ Chattering, Arguing ]

Hey, hey, hey!
What the hell is goin' on?

His trial is goin' on.
He won't take the plea,

and I got to go in and argue
he should be exempt
from payin' state taxes.

And the only possible good I see
is that they may lock him up,

and I won't have to
deal with him anymore!
You'd better get my uncle off.

All right, all right.
Come on, guys.
Don't shake your finger.

All right!

It's a shoddy ship you run.
Oh.

I had to cancel my day.
I've been at crime scenes
before, but--

"Cloudy,
with a chance of membranes"?

It was the scattered hands
that got me.
[ Pager Beeping ]

Oh, no.

[ Helen ] Do I have to?
[ Mike ]
Oh, you think I like it?

Ordinarily,
I wouldn't bring you in.

Let's go.

Doctors Miner, Shiff.

District Attorney Helen Gamble.

- Where's the head?
- Right here.

The fatality was caused
by a massive skull fracture,

indicated by this depression
on the temporal lobe.

She was bludgeoned,
probably by a blunt instrument.

We found microscopic
wood fragments in the scalp,

so it was probably
a wood handle--
maybe an ax or hammer.

Let's go to the neck,
R.E., the point of decapitation.

[ Woman ]
Oh, God.

Great.
[ Sighs ]
I thought you had it.

With previous victims,

the skin was mashed,
and the cutting was jagged.

Now here the incisions were made
with straight vertical cuts.

Now the ligaments--

Right here.

The ligaments
of the cervical spine
have been incised individually.

- All of this means what?
- It means the Poet
didn't do this.

This is a copycat.
What?

Turning to the abdomen--

no semen, no vaginal bruising.

- I don't think she was raped.
- What are you telling me here?

I'm telling you that this was
probably done by somebody who
knew her. It wasn't the Poet.

And it's therefore not an F.B.I.
investigation any longer.

It's all yours.

And you were able to
compute Mr. Emerson's income...

for the years
1995 and 1996?

I didn't have to compute it.
He declared it.
He declared it?

Uh-huh.
In his federal returns.

Based on those returns, he owed
the state $11,612 for '95,

uh, 13,603 for '96,

totaling $25,215.

And did you seek payment?
We did.

- Did he respond?
- He did.

- How did he respond, sir?
- He said he had
a commemorative...

Jackie Robinson
Louisville Slugger baseball bat,

and if I'd come
by his residence,
he'd drive it up my buttocks.

- Sideways, if I'd prefer.
- Objection.

No, I said it.
You damn right, I said it.

The objection is withdrawn.

You brought her here?
In case you wanted
to question her.

Why?
I am looking for
the broadest possible warrant.

This guy owns real estate
in Maine too.

Whatever you can think of.

You think
this doctor's the guy?

Well, you listen, tell me.

First of all,
I'm extremely sorry
for your loss.

And I know it doesn't
make it easier for you
to deal with police.

Why don't you
just arrest him?

Well, the thing is,

we need to be sure
what you're saying--

Did you ever see your daughter
with this Doctor Winslow?

No.

And she never told you
she was having
a relationship with him?

- Not at first.
- But eventually?

I already told all this to him.
Do I have to--

The problem is...

we'd be getting our warrants
on circumstantial evidence,

so legally we want
to be covered.

Mrs. Marks,
we'd hate to lose an arrest
because we moved too fast.

I knew she was having
an affair with a married man.

That much
she admitted to me.

And once, while visiting her,

I saw a picture of her
with this Doctor Winslow.

It was on some beach
in the Bahamas or something.

And you recognized him how?

I didn't actually.

I'd never seen him before.

But about a week later,
he was on the news.

The news?

He and some other doctor had
invented this new heart valve,
and he was getting interviewed.

[ Chuckles ]
And that's when I got his name.

Doctor Jeffrey Winslow.

And when I asked her about him,

she reluctantly admitted
that this was the guy.

Why would you think
he played a part
in your daughter's death?

Because two days ago,
she was scared.

She said she was
having problems with the man
that she was seeing,

and she was afraid
that he might hurt her.

[ Helen ]
We can't
make an arrest on that.

Search is possible.
I haven't
given you the punch line.

What?
He had access as to how the Poet
killed his victims.

How?
The last one--
autopsied in his hospital.

You're thinkin'.

What are you thinkin'?

Extramarital affair.
Odds are his wife
didn't know about it.

So?
So, she might be helpful...

before she finds out
we're zeroing in
on her husband.

Pull some medical journals.

If this guy's
a hotshot heart surgeon,

I'm sure he's been snapped
at a benefit or two.

See if you can get
a picture of his wife.

Then get
the make and year
of his car.

What are you up to?

Her picture. His car.
Should be easy to get.

[ Eugene ]
Did my client ever try to hide
what he was doing from you?

No. No, he was, uh,
refreshingly straightforward.

-And, like you said, he filed
his federal returns, didn't he?
-Yes, he did.

- He paid his federal taxes?
- Yes, he did.

Did my client give you
a reason as to why he wouldn't
pay his state taxes?

Well, he said when
his house caught on fire,
the fire department didn't come.

And since he'd paid taxes for
fire protection and didn't get
it, he wasn't gonna pay anymore.

And you rejected that reason?

I did,
though I-- I sympathized.

I was even inclined to, uh,
maybe let it slide.

You were?
Yeah.

Until he dropped off that pig.

The pig?

- The pig.
- [ Murmuring ]

Your Honor, could I
take a second to confer
with my client, please?

No.
What about the pig?

He greased up a pig--
more like a big, fat hog--

and he wrote on it,
"Pay to the order of
the State Franchise Tax Board,"

and he set it loose
in my office.

And he said,
"If the hog lays a big,
steamy bovine log, enjoy."

[ Man Clears Throat ]
[ Ellenor ]
Can I help you?

Yes.
I'm looking for Bobby Donnell.

- Can I tell him
who's calling?
- Jacob Hurwitz.

- Jacob Hurwitz of
Hurwitz, Lichtman & Gill?
- Right.

Wow.

This of course
is extremely confidential.
Of course.

[ Exhales ]
It's possible...

that Jeffrey might become
a suspect in a rather
high-profile murder.

There was a woman found dead,

and she was thought at first
to be the victim
of a serial killer.

But evidently now--
Let me stop you right there.

In the spirit of small worlds,
I think I'm involved
with the D.A. heading that case.

You think you're involved,
or you think she's the D.A.?

Both. So we should probably
terminate this discussion.

Yes. Well, we could do that.

But, uh, if there is
conflict of interest,

the onus would be on the
district attorney to withdraw,
don't you think?

Well, it could be, but I--
I really don't want
to put her in that position.

I see.
Well, does she feel strongly
about staying in it?

I don't know.

Well, I should think
that you would ask her
before declining our offer.

What offer?

Mr. Donnell,
my law firm...

could defend and probably
do so successfully.

But with homicide,
well, my client...

has asked me to refer him
to the most prolific attorney
for this particular category.

And right now, in this town,
it is this firm.

I had nothing to do
with her death, Mr. Donnell.

But I was having
an affair with her.

I'm willing to pay a premium
to snuff out even the suspicion.

I have a wife, a family,

not to mention
I'm Chief Cardiothoracic Surgeon
at Mass General.

I cannot have this affair
come to light.

I'm prepared to hire
this entire firm...

to see that doesn't happen.

Well, this entire firm...

would be expensive.
I know that.

I'm ready to give you
a retainer for $1 million.

You didn't tell me
about any pig.
Oh, grow up.

Grow up? You assault them
with a greased pig
that just pops up in trial?

- You don't think we should have
known about that?
- I didn't know.

- What else do I need to know?
- Some law.
You know any law?

Okay. That's it.
Can I take him for a second?
Keep him.

Come on.

I don't care
how mad you are.

You want to avoid jail,
you'd better care.

Now, right now,
that jury isn't laughing.
They don't like you.

You have one chance
to make them like you,

and if you screw that up,
it's prison.

Uncle Ty,
are you listening to me?

Prison.

I hear you.

I have a hard time askin' people
to feel sorry for me, Beck.
You know that.

And I got a particular
hard time beggin' mercy on this.

They let my place burn.

I know.

Who else would know
about this affair?

Presumably nobody.
Cindy was discreet.

Oh, I suppose
it's conceivable she--
she told somebody.

There's an ex-husband
with psychological problems.

If she had told him--
Could he have killed her?

I don't know.

- Have the police made
any contact?
- No. No.

I thought I should go
and see them.

That's when I decided
to see Jacob.

- Yeah. And I'm not sure
that's a good idea.
- [ Sighs ]

When's the last time
you saw her? Cindy.

Uh, about a week ago.

Where?
At her apartment.

That was pretty much
the usual venue
for our relationship.

Look, I'm sure
his fingerprints are there,

and since he's
a hospital employee, the prints
are definitely on record.

The question is,
do we wait for
the police to seek us out,

or do we, in the spirit
of nothing to hide,
come forward?

Well, the "nothing to hide"
spirit doesn't get you much.

Uh, look, I-- I gotta
discuss this with
the members of my firm.

- I gotta deal
with the conflicts.
- Okay.

But we need
a quick decision.

I understand.

When I called 911,
it was just smoke.

Three quarters of a mile--
that's the distance between my
apartment and that firehouse.

- And the time you called?
- Between 7:20 and 7:30.

- And you're sure of this?
- I'm positive.

- I first smelled the smoke
during Final Jeopardy.
- Final Jeopardy?

That's one of those
celebrity shows
they have during the sweeps.

They had Ollie North on.

That Bill Maher guy
kicked his ass.

Uh, Mr. Emerson, what time
did the fire department
arrive at your house?

Not till almost 8:15.

By then
the whole place was ablaze.
They didn't come.

Objection!
They didn't come!

They let my place burn
'cause they didn't like
my neighborhood.

- Objection!
- [ Judge ] Sustained.

Mr. Young,
please control your client.

Mr. Emerson,
control yourself.

[ Mike ]
I'll letyou
give the performance.

Oh, yeah,
I'm good at this.
[ Doorbell Rings ]

[ Helen ]
Mrs. Winslow?
Yes.

My name's Helen Gamble.
I'm from
the district attorney's office.

This is
Detective Michael McKrew.
Ma'am.

What's wrong?
[ Helen ]
Nothing, I think.

We're terribly sorry
for bothering you.

May we come in, please?
Uh, this will just
take a second.

We don't need to.
It's embarrassing really.

But, uh, there was a murder
the other night in Boston.

It's reported to be the work
of a serial killer.

I read about it.
Yes, well--

well, you're not
gonna believe this,

but somebody has identified you
as leaving the building
of the victim.

[ Chuckles ]
What?

- We're just checking it out,
that's all.
- Yeah.

She, uh-- She came in with
this paper, pointing at you,
saying she saw you that night.

That's ridiculous.
I didn't even
leave my house Tuesday.

Well, we didn't put
much stock in it.

It's just somebody else
saw a custard-blue Mercedes
driving in the vicinity,

and the coincidence.
That's my husband's.

He's a doctor. He works
at Mass General. He was probably
on his way to the hospital.

Right, which is just
off Storrow Drive, sure.

- He-- He went in that night?
- Yes. Yes.

Great. That explains it.
We're terribly sorry
for bothering you.

You know, do you remember...

about the time your husband left
and the time he came back?

If we can establish that
it was his car, we can rule out
this blue-car business.

A call came in around 10:00.

He was home by 1:00.

Great. Thanks.
A-And, again, we're very sorry
for disturbing you.

- [ Door Closes ]
- Lieutenant Columbo,
you missed your calling.

Okay. We got him in the area
around the time.

Oh, by the way,
if we'd gone in that house
as police agents--

Yeah, I didn't
think about that. Yeah.
without warrants?

All right.
She's probably calling him
as we speak.

We'd better move.
Let's go, boys.

[ Man On Radio ]
Ten-four.
All units move in.

[ Siren Wails ]
[ Tires Squeal ]

- Cellar to attic.
Take all day if you need it.
- [ Man ] Got it!

I think we got him, Mike.

We gotta make him
take the plea.
Well, he won't.

Talk to him.
Drive some sense into his head.
We've been talking to him.

Why can't you
just do this, Eugene?

He practically raised me.

He was always there for me,
and he--

That man,
more than anybody else,

taught me how not
to sit back and take it.

Not from anybody.

Right now he needs me.

He needs you to help him
not to have to sit back
and take it.

Now all-- all that scum
we help every day--
why can't we just help him?

Come on, guys.
We got some business to discuss.

We will.

[ Bobby ]
Listen up.

An opportunity
has presented itself.

This Cindy Marks murder--
a potential suspect has
come to us for representation,

and it would mean a lot
of money if we took it.

- Against Helen?
- [ Sighs ]
Well, that's the conflict.

My-- My gut says
turn it down.

But when I say a lot of money--

this guy is prepared
to plunk down
a $1 million retainer.

Did you just say
a million dollars?

I did.
I'm sorry.
Who again is Helen?

- Anybody?
- Bobby, is this
even a question?

Not everything's
about money, Ellenor.

If this is such a big conflict,
let Helen get off.

It's not gonna cost her
a million dollars.

Bobby, we've had
some big trials,
but this is gonna be a splash.

- Aside from the money--
- Which we need, since Lindsay
dumped the drug clients.

- Hey.
- Well, I'm just sayin'.

This is a huge profile thing.
You'll be like
Johnnie Cochran East.

- Who wants to be that?
- Did he do it?

Says he didn't.
[ Ellenor ]
Then we have to take it.

We can't let an innocent man
go to jail.

We don't even let our guilty
ones go there.

Ah--

- Take it.
- Take it.

Take it.

- Take it.
- [ Phone Rings ]

Donnell and Associates.
Please hold.

Bobby.

Bobby Donnell.

Okay.
Any arrest?

Okay. We'd better meet.

They're searching his house.

Prints, hairs, fibers.
Preliminary D.N.A.
will be done tomorrow.

And some good news.
Tell me.

She scratched the guy.
We found skin under her nails.

D.N.A. on that will tell us
if it's Winslow or not.

What did you learn
on the ex-husband?

He works at a restaurant.
He got off at 11:00,
so he is a possible.

Mmm, we can't arrest yet.
We need to wait for the lab.

- [ Knocking On Door ]
- Helen--

- Hey, Mike.
- Bobby.

- Uh, could I talk to you
for a second?
- Sure. We're done.

Uh, I'll be talking to you.

Bobby.
Mike.

- [ Door Closes ]
- I know what that's about.

We're getting close, I think.
Could make an arrest.

Whoa, whoa, whoa.
Helen, do not talk to me
about the Marks murder.

Why?
I can't tell you that.

I'm just saying--

I could be involved,
and we don't need
another Isikoff thing.

What do you mean
you could be involved?
That's all I'm sayin'.

You represent the doctor?
[ Sighs ]
I'm not saying anything,

except no talking on this.

Other than that,
dinner tonight?

Sure.

[ Door Closes ]

D.N.A. all points to him.

Skin under her nails?
That takes longer.

But I've got an eyewitness
who I.D.'d his picture, says
she saw him there that night.

Helen, I'm ready to move.
He won't come in
for questioning?

Your boyfriend won't let him.

Then go.
Make the arrest.
Right.

All right. Back door.
We won't go through the front.

Okay.

They're coming to arrest.

They'll back-door us
at the precinct
if we surrender.

This is crazy.

- I wasn't there. I didn't--
- All right. Let's just
stay as calm as we can.

- This is a mistake, Jeffrey.
- What?

That's what
we wear on our face.
A mistake.

It'll get fixed.

Uh, I gotta go home.

- I gotta tell my wife.
- She agreed
to surrender you here.

My God.

You want to call?
And say what?

"Honey, don't hold dinner. I've
been accused of killing this
woman I've been sleeping with"?

Tell her I'm sending
someone to pick her up,
and you can talk to her here.

- I can't believe
this is happening.
- Jeffrey.

Jeffrey,

I need to know
exactly the last time
you were in that apartment.

That would be last Wednesday.

[ Dial Tone ]
Call your wife.

Both calls came in
around the same time.

Captain, your own records show
that the call from my client's
home came six minutes sooner.

That's around the same time.
Your Honor,
this is so irrelevant.

Which fire the trucks went to
has nothing to do
with tax evasion.

Common law civil disobedience--
that's our defense.

The cause
of my client's outrage
is relevant.

- Speed it up.
- Why did you go to
the other fire first, Captain?

It was a judgment call.
"Judgment call."

Did it have anything to do
with the other fire...

bein' in a more affluent
neighborhood than my client's?

- That is ridiculous.
- So, it was just
a coincidence...

that you chose
to respond to the fire in
the better neighborhood?

- Yes.
- Who made the call as to
which fire to respond to?

Me.
You.

You ever been in
my client's neighborhood?

Specifically, have you ever
walked down his street?

Once.

Anything unusual happen?

- I was mugged.
- Oh. Another coincidence.

By the way,
when you got to the other fire,

was there a fire?

No. It was a false alarm.
Gee.
What do ya know?

- I object.
- So do I.

- So do I.
- Move to strike.

- You ready?
- Just give us a minute.

- Why?
- He'll be out
in a second, Mike.

Bobby, that was the rental car
place. The white Bronco
should be out back.

- Gotcha.
- You guys always
makin' a game out of it.

The woman's head was cut off.

[ Door Opens ]

I'm going with you.
The arraignment is less
than an hour.

Hopefully we can get it done
before the press gets wind.
Assuming no leaks.

Scout's honor.
We're gonna have to put him
in cuffs, Bobby.

Okay.

Jeffrey Winslow, you are
being arrested on the charge
of first-degree murder.

You have the right
to remain silent.

Anything you say can
and will be used against you
in a court of law.

You have the right
to an attorney.

If you cannot afford
an attorney, one will be
appointed to represent you.

You can decide at any time
to exercise these rights...

by not answering any questions
or making any statements.

Yeah.

Judge wants
closing arguments today, so--

Okay. Okay.

They arrested him.
Arraignment will be soon.

Wow. And to think
I could have
been on that case.

Instead I got you.

You wanna see "wow"?
I'll show you "wow"!
All right. All right. All right.

You gotta
go with it, Eugene.
Go with what?

United States of America.
[ Scoffs ]

The last thing
I'm gonna be able to do is
stand in front of a jury...

and convince them
that this man's a patriot.

He took a pig down to
the state's revenue office,
greased it up and--

Well,
finish the thought, wide man.

Go ahead.

What? What?

[ Rebecca ]
You--

[ Laughing ]

Case number 92034.

Commonwealth versus
Jeffrey Winslow...

on the charge of
murder in the first degree.

Let's try not
to have too much fun.

Bobby Donnell
for the defendant.
Waive reading.

The defendant enters
a plea of not guilty.

The Commonwealth
would oppose bail.

Dr. Winslow is an established
surgeon with strong roots
in the community.

First-degree murder.
Built on very
circumstantial evidence.

One million bond,
500,000 cash.

Trial date to be set.

Back into custody
till he posts.

- Adjourned.
- [ Gavel Raps ]

Foul ball
going to the wife, Helen.
Oh, it already starts.

Come on.
Sayin' that she's the suspect?

Oh, I'm sure during
your closing, you'll be the one
saying she's a suspect.

Meaning?
Bobby, this doesn't have to
affect you and me.

It's a trial.

But the only way it's not going
to affect us is to admit right
now and be clear about it--

in this room, we're enemies.

Ellenor will be
focusing on forensics.

I'm gonna be working with
the jury consultants.

I'll also be doing most of
the pretrial motion work.
Okay.

Jimmy Berluti and Eugene Young
will be supervising
our private investigators.

Toward that end,
you gotta start
racking your brain,

think of anybody else
who might've had bad feelings
for Cindy Marks.

Did you check the ex?
We will be.

Police think
they can rule him out.
But we'll be checkin'.

- Tomorrow, I'm gonna need
to speak to your wife.
- Why?

Because I need to be sure
that she's completely on board.

Oh, she will be.

Dr. Winslow?

I need to talk to your wife.

My office wants me
to stay on.
I'm not asking you to withdraw.

I mean, if we weren't talkin'
about this type of money,
I'd stay clear.

- But to the others--
- I understand.

Helen, nothing could be tougher
than the case we tried
against each other before.

That one was personal,
and we survived it.

- We can survive this.
- You think so?

This trial is made
for the tabloids.

The media will all over us.
All over it.

Okay. So we just vow
right here, right now,

we leave it
in the courtroom.

And when
we're together at night,
you know what?

It doesn't exist.

Okay.

Okay.

[ Phone Ringing ]

Hello?

Yeah. Oh.

Um, Mike, I'm here with Bobby,
so-- so let's talk
tomorrow, okay?

But-- That's great.

Okay.

Bye.

What?
Nothing.

What, nothing?
That was McKrew.
Come on.

At night the case doesn't exist.
We just made that rule.

Well, then
we'll make that rule after--

What?

Oh, sorry.

Oh, no.
No, no, no, no, no.

[ Giggling ]
That's not fair.
You have to tell me.

Come on. Come on.

All right!
Oh, all right!

Since I'm required by law
to tell you in the morning,
I might as well tell you now.

But you won't like it.

What?

D.N.A. on the skin
under her fingernails--

it's an exact genetic match
with Winslow.

I'm not talking any plea
until the morning.

We don't know
each other too well,
but something you gotta know--

lie to me,
and I am off this case.

Now you said you weren't there
for a week, but they found your
skin under her fingernails.

I can explain it.
You can explain it.

The time to explain that
was before they did the tests.

How in God's name
did you not think
they'd pin you to this?

You're a doctor!
I didn't know she had skin
under her nails.

Let's get somethin' straight.
I need to know my hand,

or I can't advise you
how to play this!
All right. All right.

Just settle down.

Now, I did go to her place
the day of. We made love.
But I left.

It was the afternoon.
I left,
and she certainly was alive.

Why didn't you
tell me you were there?
I was scared!

I was afraid to admit that I'd
been there, how it would look--
How does it look now?

- You're lying about it.
- I didn't kill her!

We made love, I left,
I didn't kill her!

[ Sighs ]

If my skin was under her nails,
it had to come from my back.

Sometimes when we
made love, she--
Let me see your back.

Now, you work for me,
Mr. Donnell.

Maybe not for much longer.

Let me see your back.

I expected to hear
closing arguments, counsel.

I'm sorry, Your Honor. I'd just
like to call Robert Schmidt
from the tax board.

It'll just take two minutes.
All right.

Mr. Schmidt,
you're still under oath.

How do you do today?
Just sitting in court,
Counselor.

Yeah.
Our tax dollars at work.

Uh, I'd just like to ask you
a couple of questions
about that pig.

Did my client write
the amount of his tax debt
on the pig?

Uh, yes.

Pay to the order of us,
the amount,
and, uh, he signed it,

putting next to his name
one of those
little smiley faces.

- He put all of that on the pig?
- Yeah. He even dated it.

Thank you. That's all.
No further questions.

Your Honor, uh, I now move
for dismissal.

- Excuse me?
- On what grounds?

On the grounds that my client
tendered a legal check
for the amount due.

What?

Well, if it's signed,
dated, executed, it's a check.

It doesn't matter
that it's written on a pig
instead of a piece of paper.

That hog was legal tender.
My client paid his debt.

- We never cashed that pig.
- That was your mistake.

- Not his.
- [ Scoffs ]

Your Honor--

The check was legal,
and so is his argument.

Case dismissed.

We're adjourned.
[ Gavel Raps ]

Mr. Fuller,
I'm James Berluti.

Could we talk?
I already talked to the police.

I know.
I just want to be sure
I've covered all the bases.

Again, uh, my condolences.

Even though you were divorced,
I know sometimes feelings, uh--

My only pain...

is that I didn't
get a chance to see her face
as she was dyin'.

I would've liked that.

Oh. Okay.

So this wouldn't be one of those
friendly splits then.

No, it wouldn't.

I don't know
that he didn't do it,
Ms. Frutt.

It's not as if I can sit here
and claim I totally
know the man, can I?

For the last year,
he'd been sleeping
with somebody else.

Karen, I understand
you're very upset.
I do.

But you have to
put your pain aside
long enough to make a decision.

If you are gonna
support your husband--

and by that I mean help keep him
from going to prison--

then there are certain things
that you have to
start doing today.

I know this sounds like
a big P.R. campaign,

but there is a jury pool
out there that is watching,
and they are reading.

And it is certainly never
too early to start trying
to influence them.

I'll tell you
what I told my husband.
I'll see him through this trial.

After that,

I don't know.

I don't know.

I'll be wanting to meet
at the end of each
and every trial day.

As soon as we impanel,
we'll be doing background checks
on every juror.

I'll want your analysis
there as well.

We got the ex-husband.
Seemed wacko.
We got the mother.

The mother?
Well, the daughter
had some money.

The mother would get it
if she dies intestate.

She's also a member
of the Prozac club.

It's a red herring,
nothing else.
And we still got the Poet.

Nothing for sure it ain't him.

The results, as expected--

Ooh, Bobby!
tie these tissue samples to--

What?
Dr. Jeffrey Winslow.

She's on television.
What?

His skin under her nails.
The D.N.A. evidence
is pretty conclusive.

The good news is
we have this guy.
[ Bobby Sighs ]

The bad news is
the Poet is still
out there.

Of course, my office--
Let's get down there
and draft a protective order.

We can write it
on the way.
I can't believe she did that.

[ Bobby ]
It was a blatant attempt
to contaminate the jury pool.

There's no gag order.
A reporter asked me a question--

That is crap, Helen.
She's takin'
a circumstantial case and--

You don't know the half
of my case, and if there's
some new rule that prohibits--

potential members!
[ Judge Hiller ]
Hey! That'll do!

This case is going to be enough
of an event without you two
trying to thicken the plot.

I'll make this simple.

Effective as of right now,
no talking to the media.

That's that.
Anything else?

Yes, Your Honor.
We'd like to view the scene.

It's still a crime scene.
The investigation
is still ongoing--

The investigation was
complete enough for you to go on
television pronouncing--

That's got nothing to do
with whether or not you have
a right to go in there!

- Quiet!
- As defense counsel, we have
a right to examine the scene.

Supervised, I'll grant it.

Now, let's go to chambers.
Just you and you.

Are you crazy?

It certainly is no secret
you two are sleeping together.

Why in hell would you want
to invite the media...

to pick you to pieces?

Your Honor, I'd love to say
that my firm is financially
solvent enough to decline this,

but it's not.

[ Sighs ]
What about you?

I don't want to get off.

Well, I'm not going to force
either one of you off.

What I am going to do
is leave you alone
in this office...

in the hope that one of you
might be occasioned
to see straight.

Don't eat all my candy.

[ Door Closes ]
She's right.

Of course she's right.

But I'm not getting off.

Why?

Why?

Because to do so, Bobby, would
be to prioritize my personal
life over my professional one,

which is okay.

But as soon as
you made the decision
to get on this case,

you made it pretty clear
where you stand.

Why should I prioritize us
when you don't?

Well, I had
other people to think of
when I made that decision.

Yes. I know
who you were thinking of
and who you weren't.

So you're angry.

Maybe I am.

[ Sighs ]

You're not
driving me off, Helen.

And you're not driving me off.

The only thing that's off,
it seems, is dinner.

That the way
you want it?

Yep.

Fine.

I'll see you in court.

- Bobby.
- You okay?

Maybe you should
recuse yourself.

I know you took on this case
for the firm, but...

you and Helen, and... this--

I knew--
I knew the risks.

Maybe Winslow would stay
with the firm even if
you weren't first chairing.

Just distance yourself
a little.

Are you really ready
to throw somebody you love
away for a case?

Yes.

I got this case because...

somebody at a high-rise,
blue-chip law firm
recommended me...

as the best.

I've been practicin' law
in that--

that rathole for 10 years,

lookin' out the window,
seein' those--

those lawyers
look down on me.

And now,
one of them...

came into my office
and said I'm the best.

I like how
I got this case, Lindsay.

I like that I'm gonna
try it in the media...

and that I'm gonna
get paid a lot to do it.

And I'm gonna win it.

I'm gonna win it.

[ Woman ]
You stinker!