The Practice (1997–2004): Season 2, Episode 21 - In Deep - full transcript

Opening arguments
were yesterday.

And you're up today?
Maybe. But the D.A. wants me
there early for the cop.

[ Banging ]

You're gonna break it.
It is broken. Why do you think
I keep bangin' on it?

I am so sick of this machine.

Oh.
See? It works.

I really think you should
just pay the fine.
I won't pay the fine.

Mr. Peabody, you could
actually go to jail here.
I don't care.

Okay, you see, that's what
throws me, because I'm used to
clients that do care.

Federal government got no
business in my bathroom.

Rebecca, maybe I should
go with you.



Bobby, I'm fine. I don't
need you holding my hand.
And please, stop whomping it!

Why can't we
get a new one?
Money.

Federal government's
trying to regulate
how I dispose of my stool.

Really? Well, it's keeping me
up at night.
[ Phone Ringing ]

Will you talk
to Ellenor, please?

He's wearin' cologne.
Is he one of those homosexuals?
[ Ringing Continues ]

I can't believe it!
They shrank my shirt!

[ Ellenor ] Ellenor Frutt.
The cleaners,
they shrank my shirt.

Warren? Warren?
Don't say anything.
I'll meet you at arraignment.

Just don't
say anything, Warren.

God, what a dope!
What?

Warren Cruickshank just snatched
another purse. I gotta go.

Lindsay, Mr. Peabody
has a conference.
Don't even think of--

You can dispose of it
in 10 minutes.
Dispose is the word.



Why are you fobbing him off
on me for?

'Cause you are
such a team player.

Mr. Peabody, this is
Lindsay Dole, your new lawyer.
I gotta go.

Hi.
Federal government is trying
to regulate my stool.

[ Line Ringing ]

[ Cell Door Opens, Closes ]

[ Sirens Wailing ]

[ Knocking ]

[ Door Opens ]

Hey.

Hey.

What do you need?

Well, maybe I'm here
because...

I miss you.

Right.

And Rebecca's a witness
at a murder trial...

and you're
worried about her.

Look, I know you'll never
really understand why I chose
to go up against you.

Bobby, that trial didn't
create our differences.

It only made
them more clear.
Oh.

- I'm so tired of this.
- You're tired?
Well, I'm sorry.

Is it dead, Helen?

Because if it's really dead,
I'll walk out the door.

Tell me.

It's dead.

[ Door Opens ]

[ Door Slams ]

[ Papers Rustling ]

[ Jimmy ]
You're scared.

I'm just nervous
about reliving it all.
I'm fine.

You're the only witness.
Yeah, basically.

She's putting the cop on first,
but it's just a formality.

Whole case is on me.

Look at this.
And he says he didn't shrink it.

Does this look right to you?

Uh, I'm not, uh,
big on, uh, fashion.

[ Ellenor ]
Plead not guilty,
waive the rest of the reading.

- I'd like to see if we
can handle this right here.
- This is the fourth time.

My understanding was
it was only seven dollars.

I suspect he was hoping it was
more when he grabbed the purse.

Plead guilty, restitution,

three months suspended,
a hundred hours community
service.

Uh, fine by me,
with a curfew.
9:00.

- 8:00. Mr. Cruickshank,
you understand all this?
- Yes, Your Honor.

You're pleading guilty.
You're getting a three-month
sentence which is suspended.

The probation officer
will assign you...

to a youth center where you
will perform one hundred hours
of community service.

And you are to be home in your
house every night by 8:00.

- Yes, Your Honor.
- So ordered.

This is your last chance,
young man.

[ Gavel Raps ]

Mmm, you the man.
Be right with you.

You are as stupid
as you are lucky.

If that would have been any
other judge besides Fulton,
you'd be in jail right now.

Look, it's not like I even
snatched this one, Ellenor.

She put her purse down
on the bench right next to me.

Now, I can't prove it, but it's
like she wanted me to take it.

Oh, she wanted you
to have her purse?

Yeah. I think so.
What is the matter
with you, Warren?

What?
Warren Cruickshank?

Yeah?
Put your hands
behind your back, sir.

Hey, what's goin' on?
You have the right
to remain silent.

Anything you say will be used--
I'm this man's lawyer.
What's he being arrested for?

Violation of the Hobbs Act.
Well, what the hell is that?

It's a federal law that targets
criminals who target tourists.

It's basically
an anti-tourist crime bill.

How do they figure
that Warren is anti-tourist?

Because he snatched
all the purses at Quincy Market,
which is this big tourist area.

- It's just a joke.
- Where is he now?

In jail, federal lockup.
He's being arraigned tomorrow.

- Well, that's like
double jeopardy.
- Yeah. Tell me about it.

Nothing in
the officer's testimony
is too shattering,

but it's important
that you listen carefully,

because the defense attorney
will pick at discrepancies
like scabs.

I hear he's good.
John Seymour?
Public defender.

He's actually a great guy.
But yeah, he does his job.

[ Door Opens ]
[ Man ]
How you doin'?

[ Indistinct ]

Don't let him
intimidate you.

I won't.

There's some sentencing
hearing going on.

Then we'll be going
into chambers.

Let's not be too colorful.
I got dignity in public.

Your Honor,
the statutory intent was
to prevent egregious excess.

Though technically a violation
of campaign finance,

we're talking about
a few telephone calls.

We're talking about
a violation of federal law.

That he's a member of Congress
only compounds the outrage.

Oh, my God.
This is Judge Winchell.

Who?
I'm gonna kill Ellenor.

Can't you please
pay the fine?

No.

We saw a man fitting
the general description
and we detained him.

And then what happened?
Well, we brought
him in for a lineup.

The witness identified him
as the shooter,

and we placed him
under arrest.

By general description,
you mean--

Five-foot-10, 6-foot Hispanic
wearing a hooded coat.

Anything else?
No.

Was my client
acting suspiciously
when you detained him?

[ Policeman ]
No.
And he didn't try to run?

- No.
- Did he have a weapon?

No.
Well, how much money
did he have on him?

I believe around $30.

And how much money
was stolen from the store?
Three or four hundred.

Any fingerprints at the store
match up with my client?

No.
Any blood
on my client's clothing...

match up with the victim?
No.

Any blood at all?
No.

You searched my client's
apartment?
Yes, we did.

Any physical evidence turn up
connecting my client
with this crime?

- No.
- So, basically, Officer,

the only reason that my client
sits here today--

the only reason is because
that woman sitting over there
said he did it.

I guess that
would be correct.

Huh. Officer, did you know
Rebecca Washington personally...

at the time that
you took her statement?

No.
You'd never met her?

- No.
- So you had
no knowledge or opinion...

as to her capacity
for truthfulness, did you?

Well, I had no reason
to doubt her.

But the fact is,
you didn't know her at all,
did you, Officer?

- No, I didn't.
- Officer, have you investigated
Ms. Washington?

Investigated her?
Yes.

- Did you do any investigation
of this witness's character?
- Objection!

The whole case is that woman,
Your Honor.

I'm certainly--
I'll allow it. Let's go.

You know nothing about this
woman's psychiatric history,
do you?

- Objection! Move to strike!
Sidebar.
- Get up here.

- Your Honor, there's no
psychiatric history. He's--
- I was just asking questions.

Oh, give me a break.
He's making accusations
without foundation.

- What, I can't ask whether
his witness is truthful?
- What is your offer of proof?

I don't need one.
Well, I'm saying
that you do.

What evidence do you have
that she's dishonest?

- I am trying
to discover that now.
- Nice try.

You're shut off.
Step back.

Come on, John.

One last question, Officer.
Did you ever give this witness
a lie detector test?

- No, I did not.
- Thank you, Officer.
That's all.

It's like I'm on trial.
It's an old trick--

discredit the witness
before he or she testifies.

It's--
Wait, "old trick"--
callin' somebody a liar?

The good thing is when
a lawyer resorts to that,

it usually means
he's got nothing to get
the witness with on cross.

So just relax. Be strong.
You're gonna be fine.

- Okay. Okay.
- You ready?

Ready.
Okay.

[ Lindsay ]
Did you know it was
Judge Winchell?

[ Ellenor ]
I swear to you, I didn't.
This is my reputation.

I can't believe I have to go in
and fight for a guy's toilet!
It shouldn't be a fight.

The U.S. Attorney
isn't opposing, Lindsay.
He won't even be there.

I'll kill you, Ellenor.
Look, I'm on my way
down there anyway.

My purse snatcher
just got nabbed by the feds.
So maybe I'll see you there.

Okay?
I won't forget this, Ellenor.
You're gonna owe me. Okay?

Okay. Bye.
All right.

[ Laughing ]
What?

I really shouldn't laugh,
but-- Oh!

Peabody's case
went to Judge Winchell.

You mean Judge Lydia?

The one on the news
with the senator?

Congressman.
Who I hope she finds guilty,
by the way.

Of all the judges.
[ Laughing ]

I really shouldn't laugh.

You really think my shirt was
this size when I brought it in?

Don't shrink shirts.
We do this long time,
Mr. Young.

Okay.
Well, please explain to me
how it got to be this size.

Uh, maybe you wash in machine
before you bring to here.

I didn't.
We don't shrink shirts.

Mr. Wong, how can you
look at me and refuse
to take responsibility?

You get fatter.
What did you just say?

You get fatter.
Shirt seem small.

Not small.
You fat.

I am exactly the same size
and weight that I have been
for the past year.

[ Speaking Chinese ]

[ Chinese ]

You fatter.
Shirt no shrink.

You fat.

I was pumping gas
when I looked up
and I saw him.

- Who?
- The defendant.
That man.

- [ Jean ] What was he doing?
- [ Rebecca ] He was pointing
a gun at the attendant.

- What happened next,
Ms. Washington?
- [ Clicks ]

The pump, it made a click,
and I got scared.

I looked down,
and then I heard the shots.

The shots?
Yes.

And when I looked back up,
he was shooting.

This man?

That man.
What did you do then?

I ducked behind my car
and I hid.

The next thing,
I heard his footsteps.

- I think he ran by the car.
- Then what?

Then I ran inside the store.
The attendant was lying there,
blood all over.

- [ Rebecca ] Oh, God!
- Ms. Washington,

are you sure that that's
the man you saw shoot and kill
Roberto Alou that evening?

That's the man.

I'm positive.

- You're gonna--
- Don't.

Where's the U.S. Attorney?

John Dix,
he didn't, uh, oppose.

- I'm doing this ex parte.
- Sit down.

You've been cited 11 times,
Mr. Peabody.

Your Honor, my client feels
the congressional legislation
works a hardship against him.

Moreover, we feel his toilet
would be grandfathered,
and therefore exempt.

The report indicates
it's a new toilet.

But it's the same residence
where he's resided for 27--

The law goes to new toilets,
counsel-- any new toilet.

1.6 gallons per flush,
that's the law.

Why should you
get three?

Your Honor, my client
has special needs.

- Big?
- I beg your pardon?

His bowel movements,
are they big?

I'd prefer not to get into it.
But rather, I'd like to focus...

on the legislative intent
of the law, which was
water conservation.

The older, standard toilets
used 3.6 gallons per flush.

The new go 1.6,
as you've noted.

However, if a person were
required to flush three times...

in order to empty
the bowl of all... remains,

the statutory intent
of the legislation
would clearly be undermined.

It is for this reason we feel
special circumstances warrant
Mr. Peabody's exemption.

You have to flush
three times?

Uh, it's-- it's not
because of bigness.

May I ask?

They float.

They float?

Yeah. I eat a lot
of carbohydrates,

and it makes my droppings
like little-- little buoys.

And the 1.6 flush
can't pull 'em under,

unless I'm
real careful and--

and kinda drape
the toilet paper over 'em,

which creates
this drag effect.

I see.
It takes
at least three flushes.

And then even sometimes
when I think it's gone-- Boom!

A little one
floats back up.

The situation becomes
exacerbated, Your Honor,

by the fact that after
three flushes, the toilet
needs time to... rejuvenate.

Sometimes as much as 10 minutes
before it's capable
of flushing again.

There have been situations
where my client
has had company...

and he's been too embarrassed
to leave the bathroom...

for fear of the company then
coming in and, well, seeing--

- A floatie.
- A floatie.

[ Grunts ]

[ Ellenor ]
My client is being
unfairly singled out.

And never mind
selective prosecution,
this is double jeopardy.

It isn't double jeopardy.
It's a different charge
under a different statute.

He's being prosecuted again
for the same act.
He stole a purse.

This is not unprecedented.
Defendants are prosecuted under
federal civil rights charges...

all the time
for state crimes.

What's more, this defendant
is not being prosecuted
just for the latest theft.

It's for all his purse
snatching, three of which
have involved tourists.

This is a political arrest
designed to make a statement
in the papers. How can--

The law is the law, counsel.

And crimes against tourists
affect interstate commerce.

We take that particular law
very seriously.

Now, I'll grant
the personal.

But the charge
absolutely stands.

Judge Winchell is believed
to rule as soon as tomorrow.

If given time, Congressman Haley
would presumably face expulsion
from the House.

You know,
when I was in law school
I wanted to clerk for her.

I couldn't
even get an interview.

Well, you've met her now.
I only pray she'll forget.

Well, if she took it under
advisement, you'll probably
have to go in again.

I'm goin' back there.
To the cleaners?

I can't let him get away
with it. I took the high road
first and just walked away,

but I can't let a man
ruin my shirt, call me fat,
and then just walk away.

- Eugene, you can't hit him.
- I'm not gonna hit him! Why do
you always say "don't hit"?

Because you hit.

I'm gonna go back there calm,

let him know that
I'm an attorney at law...

and that I can make it very
expensive for him if he doesn't
give me satisfaction.

[ Door Opens ]
He'll hit him.

[ Door Slams ]
[ Both Laugh ]

Ms. Washington,
did you see my client
while you were in the store?

Not really.
You see anybody else
in the store?

- I don't think so.
- You're not sure?

I just paid the money and told
the attendant which pump.

Okay. Can you describe
what the attendant looked like?

No.

After you paid him,
you went outside?
Yes.

To pump gas?
Yes.

Were you looking at your car
as you walked to the car or were
you looking at the store?

I was probably
looking at my car.

- You don't know for sure?
- No.

So you don't know if anybody
else entered or exited the store
while you headed for your car.

I didn't see anybody else
go in or go out.

But you weren't
looking at the door.
Right.

Is it possible somebody else
could have gone in...

that door while you were
walking towards your car?

I didn't see any--
The question was
is it possible?

Anything's possible.

You sound annoyed.
Are you annoyed
with these questions?

- Objection.
- Sustained.

When you heard the shots,
you-- you looked up.

You say you saw my client?

Yes.
What was he wearing?

This big jacket with a hood.

A hood.
Was this hood up?

Yes.
Big hood, little hood?

- Big hood.
- Did it cover any part
of his face?

- The side maybe. Not the front.
- And how far away from the
store were these gas pumps?

- Maybe 30 feet.
- Well, if I were
to tell you 42 feet--

- Okay.
- You saw him from
42 feet away?

- Yes.
- With a hood partially
blocking his face?

I saw the front of his face.

Ms. Washington,
you, uh, seem like an advocate.

[ Jean ] Objection!
[ Judge ] Sustained.

You said he was pointing the gun
the first time you saw him?

Yes.
And then he was
shooting the gun?

- That's right.
- Did you ever get
a close look at his face...

while he was not pointing
or shooting a gun?
I don't think so.

And when you heard the shot,
were you frightened?

- Well, yes.
- You looked up, you saw a man
shooting another man.

Were you shocked?
I suppose I was.

After the shooting, the police
came and you gave a description.
Yes.

You described the man
as Hispanic?
Yes.

- You were sure he was Hispanic?
- I thought he was Hispanic.

Well, did you say "I think he
was Hispanic, but I'm not sure"?

Did you say that?
Yes, but when I saw him--

You said you weren't sure.
I was sure when I saw him again
in the lineup.

And when you saw him
in the lineup, was he wearing
a jacket with a big hood?

- I think so.
- And when the police showed you
mug shots before this lineup,

were you able to identify
any of these people
in the photographs...

as the man who did
that shooting?

No.

Were you shown a picture
of my client?

I don't think I was.

You were.

And... that's him...

right there...
without the hood.

One judge says no jail.
Then another judge say
I gotta go on trial? Again?

Let's not panic just yet,
okay, Warren?

Ellenor, I used to
scam banks back when.

And this is my reward
for scaling down?

Okay, well, you see,
that argument's not gonna fly.

It's not right.
Elly?

- Oh, hey, Jerry. What's up?
- Couple of seconds.

Sure.
Alone.

Why don't you just sit down.
Wait here.

I'm afraid you have
stepped into it a little.

What do you mean?
Off the record?

Absolutely.

They have been
waiting for this case.

Tourism is a billion-dollar
industry here.

Foreign tourists have been
getting spooked about crime.

Not so much here in Boston,
but even so--

So my little purse snatcher's
the one you go after?
He's the perfect guy.

Petty crime,
that shows zero tolerance.

Now, you didn't
hear this from me,

but don't you dare plead
guilty, banking on leniency.

Get your sentence up front
or go to trial.

- What could he get?
- Up to 20.

Twenty years
for snatching a purse?

- The problem is
he gave one back.
- Excuse me?

Last year he grabbed
some lady's purse,

and when he saw her
local address, he gave it back,

saying something like,
"You're from Boston".

Now that's the pole
they'll be driving
to show he targets tourists.

As I said, you have
stepped into it pretty good.

Don't shrink shirt!

Mr. Wong,
I'm not going to debate
the merits of this dispute.

What I came to say is,
despite the merits,

it will cost you money
not to give me satisfaction.

You get fatter.
That problem.

Mr. Wong, I'm an attorney.

I will draft a complaint,
notice a deposition in my
office, and I will see to it...

that you have to sit in my
office for a full day, maybe
two, to answer my questions.

Should you have an attorney--
and it would be my objective
opinion that you should--

this, together
with loss of business,
could be extremely costly.

Much more expensive, say,
than replacing my shirt.

You sue 'cause you big?

Yes.
I will sue you.

Not fair.
What's not fair
is you shrinking my shirt.

No shrink!
Yes, shrink!

You fat!
Me not fat! You thief!
Me not fat! You thief!

You bigot.
Bigot against Chinese.
Shame.

Ms. Washington,

- do you have a bias
against my client?
- No.

So it's your testimony
you've got no bias whatsoever
against Luis Moreno?

Well, when I see somebody
commit murder,

it can make me
not like them, yes.
Mm-hmm.

And if that person
did not commit murder,

the bias, like any prejudice,
would be grounded in
ignorance, correct?

- Objection.
- [ Seymour ]
Withdrawn.

Ms. Washington, you were
in fact threatened...

by the brother of my client,
were you not?

- Objection!
- Overruled.

- Luis Moreno's brother
threatened you?
- Yes.

- That make you angry?
- Yes, it did.

Did it make you
all the more determined
to testify here today?

It didn't deter me
from testifying.

What, if anything, did you learn
about my client's brother?

Your Honor, I don't see
what this line--

I'm exploring the possibility
that the threats...

made by the brother
are coloring today's testimony.

- I'm certainly allowed
to explore it.
- Go ahead.

What, if anything,
did you learn about the brother?

That he's capable
of violence.

Were you told
that the brother was suspected
in two prior murders,

for neither of which
the prosecution were able
to secure convictions?

- Something like that.
- And the prosecution,

- they suggested police
protection for you?
- Yes.

- 'Cause the brother
was a bad guy.
- Yes.

Well, and the fact that the
brother was possibly a murderer,

or the fact that
he threatened you--

Did that make you
more sure of what you saw
in that convenience store?

It made me neither more
nor less sure of what I saw.

Is it your testimony
before this jury,

that knowing the brother
was a murderer,

that didn't even make
you slightly more inclined...

to believe that my client
could also be a murderer?

No, it didn't.

Ms. Washington,
was that a truthful answer?

- [ Jean ]
Objection, move to strike.
- Sustained.

Did you meet with the prosecutor
to discuss today's testimony?

Objection!
Sustained.

Do you feel indebted in any way
to the prosecution,
Ms. Washington?

- No, I don't feel indebted.
- The prosecution
asked the police...

to follow this man threatening
you, is that correct?
[ Jean ] Objection!

- It goes to bias.
- I'll allow it.

Now, are you aware
that a member of the district
attorney's office...

asked police officers
to tail my client's brother?

- I'm aware.
- Do you know what happened
to my client's brother?

He was killed.
By who?

- By police officers.
- By the officers who were asked
by the D.A.'s office...

- to tail him?
- Yes.

When you heard
that the man threatening
your safety was dead,

did you then
feel more safe?

[ Spectators Murmuring ]

Why the hell
isn't she protecting her?

What do you
want her to do?
Object.

Act like the D.A.
Bobby,
she's the only witness.

If it looks like the D.A.
has to protect her, she's
a weak witness, weak case.

Do I need to tell you this?
Well, she should at least try
to get it back to the chambers.

I mean, do something
to crack the guy's momentum.

Fine, I'll tell her.

Did you ever think what happens
if that guy gets off?

His brother was killed
and he could blame Rebecca.
Did you ever think about that?

He could blame me.

I'm the one
who sent those officers.

You ever think about that?

I'm marking up a motion
to dismiss, but--

He could get 20 years?
Yeah. Without parole.

That's really
kind of funny, Eugene.

Funny? My making fun
of the way he talks,
that's funny?

You're not a bigot.
Yeah, but I go there to be
above it all-- attorney at law.

Suddenly I'm shouting,
"Me no fat! You thief!"

You were making fun
of his broken English.

That's different
from being prejudiced
against the Chinese.

Besides, it is funny
the way they talk.

Ever been to a sushi bar
with a bunch of Japanese guys
ordering sake?

This is a humorous thing.

Don't help me, Jimmy.

[ Ellenor ]
Oh, my God. Lindsay!

[ Woman ]
Evidently she died quickly.

The early indication
is heart attack.

And aside from the tragedy
of her death, more shocking--
That's Judge Winchell.

What?
is that her last living act...

was to sentence
Congressman Haley
to federal prison.

According to her law clerk,
in a handwritten opinion...

under file heading 32111--

that's the Haley case--
she wrote as follows:

"The mere fact that he's capable
of buoyant bowel movements...

"doesn't protect him
from the full force
and effect of the law.

"I hereby sentence the defendant
to 16 months...

in the Springfield Federal
Penitentiary."

Though handwritten,
the ruling is binding,

and it seems Congressman Haley
is headed to prison...

and, of course,
to certain expulsion.

[ Man ]
In other news,
construction on the tunnel--

She wrote down
the wrong file number.

Oopsie-daisy.

And city authorities anticipate
the work will go on--

Are you afraid to admit
you could be mistaken?

I am not mistaken.

Ms. Washington,
you had blood on your shoe
just from stepping inside.

There was no blood
on my client.

He probably
changed his clothes.

And pulled out
the other hooded coat
to walk around in public with?

- Objection.
- Sustained.

You're standing
two feet from the attendant,
but you cannot describe him.

- But from 42 feet away,
my client--
- That's right!

Forty-two feet away,
five, 10 seconds tops,

while there's a gun goin' off,
while there's a hood
on his head,

and even though you couldn't say
he was Hispanic, even though you
couldn't identify his picture,

there is just no possibility
that you could be wrong.

- Is that your testimony?
- Mm-hmm. Yes.

That is my testimony,
Mr. Seymour. That's it.

You seem a little too sure,
Ms. Washington.

- Objection!
- Withdrawn.
I got the picture.

- [ Seymour ] Nothing further.
- [ Judge ] Ms. Ward?

- Nothing.
- Witness may step down.

[ Judge ]
Ms. Ward?

The prosecution rests,
Your Honor.

[ Judge ]
Mr. Seymour?
You okay?

Defense rests.

You should've rehabilitated.
I didn't need to.

- Or put me up there.
- You? Why would I?

- Character witness.
I've known her for 12 years.
- It won't help.

It is so ancillary--
I can vouch
for her honesty--

It would weaken our case.
and her capacity
for observation.

- You are losing this case!
- I do not need you
to tell me that!

Look, we said this going in--

Maybe I'm wrong.

I don't think I am.

But it was
42 feet away at night.

It happened fast.

Okay, may-may-maybe I just
remember him in the courtroom
as the guy...

I saw in the lineup,
and that's when he registered.

And-- And maybe I did
see his hood in the lineup.

I mean, and may-- maybe--

Does it make sense
I could be so sure?

Rebecca, don't let
what he did in there start
to work mind games on you.

That was his plan.
Well, it worked then,
'cause I'm not so sure anymore.

You have to separate this
from all his questions...

and think about
what you saw.

I--
[ Jean ]
All right, listen.

Here is the difference between
defense attorneys and D.A.'s.

I am not allowed
to win at all costs.

So if you're not sure,
I've gotta go back in there...

and recommend that
this case be dismissed.

But before I do,
I need you to think, Rebecca.

Take the night,
take your time and think.

And if you're still
not sure,

then this is over.

Whether or not he's
expelled from Congress,

the prison term means
he must give up his office.

Shock waves continue to radiate
through the city, Bryan.

This is a
popular legislator.
[ Turns Off ]

Wouldn't the U.S. Attorney
know it's the wrong case?

Facts were never tried.
This is a contempt order
based on default.

His buoyant little depth charges
never made it into record.

We have to tell.

The hell you tell!
That's my jail time
he's talkin' about.

Mr. Peabody, as officers
of this court--

- You're defense lawyers!
- The information we have
isn't privileged.

And as officers of this court,
we can't let another man
serve your jail sentence.

So I'm goin' to prison?

And this is gonna
be national news,
this kind of mix-up, isn't it?

Every relative,
every old girlfriend,

nephews, nieces--

they're all gonna know
I drop three-flush floaties.

I'm hoping we can
vacate the judgment.

[ Scoffs ]
[ Door Opens ]

It wasn't my shirt.

I looked inside.
He-- He didn't shrink it.

He just flat-out
gave me the wrong shirt,

which means I gotta go back.

[ Chuckles ]
Don't hit him.

[ Clicks ]

[ No Audible Dialogue ]

What do you mean
you don't know where she is?
I thought she'd be here.

Hey, guys.
[ Jean ]
Hi.

Bobby, listen, I know
the witness is your assistant.
I'm sorry.

But, I mean, you know
how it is, right?

Yeah.
Later.

This is great. Bobby,
I gotta make a decision here.

[ Elevator Bell Dings ]
If she isn't here
in the next few minutes,

I don't know what
I'm gonna do.
There she is.

He's the guy.

Are you sure?

Completely.
He did it.

Okay.
Let's go.

And I was hoping
as a show of good faith,

my client coming
forward to correct this
miscarriage of justice,

we could vacate
the contempt order
against him.

Are you thinking it over?

[ Lindsay ]
Your honor?

When murder happens,
we need to catch who did it.

We need to see him punished.

It's human nature.

As for the law,
we need to find guilt
beyond all reasonable doubt.

There is no physical evidence
of any kind...

connecting Luis Moreno
to this crime.

None.

In this age of high-tech
lab criminal forensics,
you always find something--

the slightest microscopic
spot of blood,

a fiber not visible
to the human eye,

a piece of hair, saliva,

a partial fragment
of a fingerprint.

Even the most precise crimes
are never immaculate,

and this-- this was
a rushed, bloody murder.

Ladies and Gentlemen,
a shooting
at a very close range.

They found nothing.

I don't doubt Ms. Washington
thinks Luis Moreno
committed this crime.

It was certainly made easier
for her to think it.

He had a hooded coat.

He was wearing a hooded coat
in the lineup.

He had a brother--
a despicable brother
that threatened her life.

She said knowing
the brother was a killer
didn't influence her.

But ask yourselves,
when you heard that
his brother was a murderer,

didn't you, on some level,
think it more likely
that Luis could be one too?

Of course you did.
That's human nature.

And when the prosecution
took care of that brother...

and eliminated
this threat to her life,

is it possible
that Ms. Washington
might feel some gratitude?

More determined to do
her part in this courtroom?

Human nature.

But the law--

beyond a reasonable doubt?

They showed her his picture.

She didn't recognize him.

It's only when he appeared
with the big hood.

Now, can anybody here--

anybody--
trust that recognition?

And even if you could,

beyond all reasonable doubt?

The defense made a mistake.

Chipping away
at reasonable doubt,
that was a credible strategy.

Nighttime crime,
happened in a flash--
reasonable doubt.

It's a very plausible defense.

But then he argued bias.

Rebecca Washington
was indebted
to the prosecution.

Rebecca Washington
was prejudiced
against the defendant.

Now that was a mistake.

Because you saw the woman
sitting in this witness chair.

And you know as I do,

if anything came through
beyond all doubt,

it's that sitting in this
chair was an honest woman...

whose integrity
was unassailable.

Yes, she was threatened
by the brother,

told there'd be
consequences if she got up
at the probable cause hearing.

But she got up
at probable cause.

And she got up here
and told the truth.

Can we be sure
that that's the man
who killed Roberto Alou?

Yes.
How can we be sure?

Because that woman
right over there
told you so.

If she wasn't sure,
she would have told you that.

She saw him in that store--
a well-lit store.

She saw him
pull that trigger,

and she saw him the next day
in that lineup.

She forged ahead
through threats,

through not-so-great odds,

through defense attorney
attacks...

to do one thing--

to bring the truth
to the 12 of you.

And who here
didn't see that?

You expect me to dismiss
because you don't like the law?

I expect you to dismiss
because as a judge
you should be offended...

- by Congress using the law
for political expedience.
- Welcome to America.

Is that what I'm supposed
to say to my client?
"Welcome to America"?

"Tourism is big business,
so you're goin' away
for 20 years"?

Maybe you should tell
your client that he's a thief.

He preys on people.

Why should I give a rat's ass
about fairness to him?

Did he care about
those two women in their 80s
that he stole from?

Then make the punishment
proportional to the crime.

In my opinion, it is.

I am sick and tired...

of these hoodlums getting
fourth, fifth and sixth chances.

- He snatched a purse!
- And he'll think harder...

before he ever
does it again, won't he?

He pled guilty
under the condition of no jail.

- How can you--
- That was state court.

How can any plea agreement
be reliable if the federal
government can just swoop in--

Your motion is denied.
The charge stands.

Ten minute recess.

We go to trial.
That's all I can say.

We go to trial and prove
that you didn't try
to target tourists.

You didn't, right?
Of course I didn't.
I just wanted the money.

It's their own fault,
Ellenor.

If they weren't
so busy snappin' pictures
and buyin' postcards,

they never would have
lost their bags.
Hmm.

People need
to pay attention.
Okay, you know what?

We're not gonna lead
with that either, Warren.
Hey.

Lindsay,
it's all upside down.

Peabody's goin' to jail
for flushin' too much water.

Warren could get 20 years
for stealin' a handbag.

And the murderer in Rebecca's
trial is probably gonna walk.

It's just--
It's all upside down.

It's less upside down.

I got Peabody's
sentence suspended,
conditioned on new toilets...

subject to random
inspection.

You owe me.

The government
inspects toilets?

So, uh, you evidently
gave me the wrong shirt.

[ Chuckles ]
No shrink, huh?

- No.
- Uh, correct shirt.

Thank you.
Okay, look, uh, I want
to apologize for my, uh, uh--

I didn't mean to sound bigoted.
I just lost my composure
a little.

Understand.
Happen a lot.

People get mad,
make fun how I talk.
Happen before.

Well, it still
doesn't make it right.

You apologize
for shirt too now?

Excuse me?

No shrink.
Apologize.

Uh, you gave me
the wrong shirt.

But we didn't shrink.
Apologize.

Why should I apologize?
You did make a mistake.

Innocent mistake,
but you say we shrink.
That's slander.

You called me fat!
That's slander.
Truth defense.

What?
You owe apology.

I'm not gonna apologize
for anything.
We no shrink!

It's the wrong shirt!
Ah, stubborn!
You not only fat, but stubborn!

Ah, you stubborn!
You fat!

[ Speaking Chinese ]
Stubborn.

[ Man ]
The court will come
to order.

Thanks.

Somethin'-- Something's gotta
make sense this week, Beck.

[ Chuckles ]

Members of the jury,
have you reached a verdict?

- We have.
- Will the defendant
please rise?

[ Judge ]
What say you?

In the matter of Commonwealth
versus Luis Moreno,

on the charge of murder
in the first degree,

we find the defendant,
Luis Moreno, guilty.

[ Spectators Murmuring ]

[ Indistinct ]

Good job.

Thank you.

- Thank you.
- Thank you.

Oh, hey.
Way to go, Beck.
You did it.

Yeah.
[ Chuckles ]

Hey.

[ Rebecca ]
Thanks.

I have to admit,
seeing it from this side,

what you do for a living--

Yeah.
What we do.

We all laugh at the way
Eugene does his reasonable doubt
dance to get people off.

We make bets.

Doesn't seem
so funny right now.

You held together,
Rebecca.

You did everything
you had to do.

Yeah.

Thanks for being there.

It helped seeing you
in the back of the room.

[ Woman On TV ]
In a startling revelation,
the "buoyant bowel movements"...

really belong
to this man, Kyle Peabody.

Oh.
Judge Winchell's ruling had
the wrong file number listed,

which leaves Congressman Haley's
case still open.

[ Man On TV ]
Thank you, Janet.
I'm sure the congressman--

Do you ever stop and think
about the business we're in?

Why would I ever
want to do that?
Mm-mmm.

Seriously, Bobby.

What we spend our days doing--

Do you ever stop and think?

Seriously, Beck?

Why would I ever
want to do that?

[ Woman ]
You stinker!