The Practice (1997–2004): Season 2, Episode 8 - The Means - full transcript

The firm is defending a friend of Eugene's who killed someone during a riot. They're trying to prove him innocent. But when things look bleak they decide to try another approach which both the client and Eugene think is an insult.

That's me, right there.
And that's the guy
with the gym bag.

That's me comin' over.
I was merely doing my job.

What did you say to this man?

Well, I don't remember
my exact words,
but I told him...

he couldn't leave the store
until I checked
the contents of his bag.

When I asked to look in his bag,
he got all belligerent.

That's when he came over.
Who?

That man right there.
And then what happened?

[ Man ] He started hasslin' me,
and I explained to him
it was none of his business.

Would he please step back.
But he continued.
I asked him to step back again.

And that's when
this kid with the gym bag
slams me into the display case.



I regained my balance.
Then suddenly, there's these
other kids that joined him.

And they're hittin' me
out of nowhere.
They throw me to the ground.

They start punchin' me
and kickin' me.

- Where's the defendant now?
- I don't know.

[ Woman ]
Okay.

The tape has been edited
to seven minutes later.

Can you describe to us
what's happening now?

[ Man ]
Well, as you can see,
we were overrun with people...

comin' in from outside,
stealin' things
and runnin' out again.

[ Woman ]
And what is the defendant
doing at this time?

Well, he was over me
at one point.
There! Right there.

He's comin' back for more.
Grabs me.
The guard pulls him off.

He throws him into a table.

The guard continues to attempt
to detain him and-- Here.



He just--
They scuffle a bit.
The guy just went crazy.

[ Woman ]
The guy being--
That man right there.

The defendant.
He throws him two punches
to the face. Watch.

Here it comes.

Bang. Bang.

And then he just
throws him through the glass.

[ Line Ringing ]

[ Cell Door Opens, Closes ]

[ Sirens Wailing ]

[ Female Reporter ]
Overshadowing the facts is
the ongoing controversy...

about the court's relocating
of the trial outside Boston...

and the question
of whether Aaron Wilton,

the African-American man
accused of aggravated assault...

in the infamous
SaveWorld riot,

can receive a fair trial
from the all-white jury
here in suburban Wellesley.

This is Melanie Morris,
News 8.

"The African-American
accused of aggravated assault."

That's--
That's what they call me.

Instead of the guy who was
trying to stick up...

for an innocent guy
accused of shoplifting,

I'm the African-American
who caused the riot.

And I don't get
to tell my side?

If we put you on the stand,
Aaron, that old conviction
could be put into evidence.

That was a hundred years ago.
He was 18.

-Even so, the jury
doesn't need to hear about it.
-Excuse me. That all-white jury?

That's what you get
in Wellesley.
We didn't have a choice.

It just gives us
greater grounds for appeal...
if we need it.

A business degree
from U. Mass,

vice president of
a Fortune 500 company.

I go shoppin' for a pair
of cross-trainers,
and suddenly I'm big news?

You're "big news" 'cause you
threw a guy through a window.

It really was
the perfect wedding.

Well, it's not polite
for me to say,
but people did tell us...

that it was
the most elegant affair
they'd ever been to.

You had a nice time, Elly?
I'm sorry I didn't get
a chance to see you.

Well, there were
a lot of people there.

And I was sitting at the, uh,
cousins' table.

This dress right here--
completely handmade.

So, uh, Myra,
the reason you're here?

The honeymoon.
I wanna sue that idiot
travel agent, Gracie Kramer.

The woman is a giant fart.
And you know it's not
like me to be vulgar.

- A "giant fart"?
- There were a few mix-ups.

Well, first she puts us
in business, right?

Then the car she rented us
was a sub-compact,
not a sedan.

And she told us we were in
a romantic, adults-only hotel,

which it was
most definitely not.

Uh, Myra, sometimes
it can be very difficult
to sue travel agencies.

What about my emotional stress
and physical hardship?

On the first day, Myra tripped
on an inflatable sea horse.

Yeah.
That's how she pulled
the hamstring.

- Yes, I know, but is that--
- Ellenor, can I--
can I be open with you?

Sure.

We never even got
to consummate our marriage.

- Okay?
- Oh.

- Yeah.
- Uh--

Are you really prepared
to drag that aspect into court?

My happiness is at stake here.
And if I have to drag
whatever into court,

I don't care because
I want her to pay.

- The giant--
- Fart.
[ Sighs ]

The man you accused
of shoplifting--
Was he... shoplifting?

No.
Then you were mistaken?

On this occasion, yes.

"On this occasion."

- Mr. Robinson, how long have
you worked at SaveWorld Drugs?
- Five and a half years.

[ Eugene ] And in that time,
it was your job to manage
the store, hire employees,

interact with the
customer base, correct?
Correct.

About what percentage of that
base would you say were from
the African-American community?

Fifty percent?

Fifty percent? Actually,
SaveWorld's own figures
show that, uh,

56% of your customer base
were African-American.

Well, then I guess
that's the case.

Is anyone besides you
empowered to stop
suspected shoplifters?

No. Just me.

And how often do you stop
customers for shoplifting?

Probably once or twice a day.

[ Eugene ]
So with the average month
being 30 days,

and you being open
seven days a week,
that would be...

60-some odd
customers stopped.

- Uh, sound right?
- Yes.

And in the last month,
how many customers have
you stopped that were white?

I know what
you're trying to do.

Just answer my question.

I don't recall.

[ Eugene ]
You don't recall stopping
any white customers?

Or you don't recall
stopping any white customers
in the last month?

Or you just don't
recall anything?

I don't recall stopping
any white customers.

So even though 44%
of your customers are white,

zero percent were
stopped for shoplifting?

That would mean 100%
of suspected shoplifters
were African-American.

I'm not sure
it's such a smart idea
making it about race.

Wellesley,
all-white jury--

Mmm, I think
it's a perfect jury
to make it about race.

Rich, affluent white town.

These are the people
that are desperate
to reach out to minorities...

so long as they don't
actually have to meet one.

You're such a cynic.

Well, trust me.
White suburbanites feel guilty
about their swimming pools.

Showing compassion
to an African-American
is a way of atonement.

I slept with a guy
from Wellesley once.

We came this close
to even having dinner.

That was a joke.

Why do you do that--
try to shock me?

- The truth?
- No. Lie to me.

I think you're a little
buttoned down.

I'm not buttoned down.

- I think you are.
- I'm not.

It's nothing to be ashamed of.
I'm not.

- Okay, sexually
conservative then.
- Why do you-- You--

You know nothing about
what I'm like sexually.

Okay?
Exactly.

We've been on three dates,
I don't have a clue.

- Either you're not
attracted to me, or--
- What am I supposed to do?

Uh, attack you?
Is that what you want?

Well?

I'm thinking.

[ Aaron ]
Hey. What's up?
What's the matter?

[ Eugene ]
The security guard, the one
you pushed through the window?

Mm-hmm.
He died.

When?
About an hour ago.

Oh, God.

I can't believe this.

Aaron,

I've been asked to
surrender you to the police.

They're revoking bail.
What?

They've upped the charges
to manslaughter.
Manslaughter?

You mean he's being
charged with murder?
No, no-- No, no, no.

It's homicide--
Wait, wait, wait. How--
How can they do that?

They can do that
because a man is dead now.

We knew this could happen.

Yeah, but even--
I mean, I--

I certainly didn't mean
for a man to die.

Look, it doesn't change anything
as far as our case goes.

You were assaulted first.
You found yourself in a fight.

You defended yourself.
Nothing's changed.

Nothing's changed?

A man is now dead, Eugene.

A white man
killed by a black man.

Nothing's changed?

Why don't you just take a seat,
and I'll be with you
in a minute.

Mm-hmm.

Incredible wardrobe,
straight A's, perfect figure.

Every time I saw her,
she had another
drop-dead gorgeous boyfriend.

- I hated girls like that.
- When I was 12,
at Thanksgiving,

she took me and
all of my other cousins
back behind the garage...

so she could teach us
how to pop our zits.

But really,
she just wanted
to count mine.

Don't you just wanna go in there
and muss up her hair?
[ Sighs ]

I shouldn't be so catty.
I mean, she's fine.
I like her.

She's, you know--
She's nice. She's just, uh--

She's fine.
Nice try.

No talking to the press,
Aaron.

Hey, Bobby.
Hey.

- How's it goin' with Helen?
- Why? What'd she say?

Nothing.
How's it going here?
Don't ask.

Okay, this is
the hotel pharmacy bill,
this is the airline receipt,

and this is the receipt
from the duty-free shop
at the Cancún airport.

Total comes to $6,020.12,

not including
what we expect for hardship
and emotional trauma.

You know, Myra,
these cases can sometimes
be hard to put a price on.

I think that
we should try to go
for reimbursement on the hotel.

Ellenor, I love you.

And forgive me for saying this,
but you need
to understand this thing.

Sex can be very important
in a couple's relationship.

Without it, there can be
strain in the marital bed.
My marital bed.

Wasn't there any, uh,
premarital sex?

Yes, of course,
all the time.
But that's not the point.

Okay, then why don't we, um,

take a look at
the other forfeited aspects
of the honeymoon.

Okay, like what?

Like touristy things
you were prevented from doing
because of the hamstring.

I-- I don't know.

Okay. How about, oh,
let's say snorkeling, sailing?
Okay!

Do you and Oren
play any sports?
Was that on your schedule?

I don't know.
I think-- I think Oren
has a tennis racquet.

How about bicycling?

Irritates.
I get a yeast flare-up.
Is this really necessary?

I'm just trying
to establish your expectations
for the honeymoon.

It would be very helpful
if you could just
write a list of things...

you and Oren wanted to do,
you know, hobbies or--

Okay, I've only
been with the guy
four and a half months.

It's not like I know him
inside out, okay?
All right.

Oh! Mush.

We can't just switch
from assault to homicide
in the middle of a trial.

We put them on notice
from the start.
This should be a mistrial.

- Same facts, same case.
- Except now,
you're switching to homicide.

- It's either
new trial or mistrial.
- I'm afraid it's neither.

You're not prejudiced by this.
It doesn't affect the evidence.

And you knew
they might do this.

You can't just add a charge
in the middle of a trial.
That's unprecedented.

It's not unprecedented.
It might be irregular, but you
take that up with appeals.

Now, this case goes on
with the manslaughter charge.

Can you describe
the scene for us when
you first arrived at 4:15?

There were people
running out of the store
carrying merchandise.

Other people from the street
were rushing back inside
at the same time.

That's when I saw the body
crash through the front window.

And that would be
the body of the deceased,
Mr. Roman Rosemont?

-Yes, ma'am.
-Did you see who actually hurled
the body through the window?

Objection. Counsel
has not established...

that Mr. Rosemont
was "hurled"
or otherwise acted upon.

- Overruled.
- What did you see, Officer?

I saw the defendant,
Mr. Wilton, standing on
the other side of the window.

And did he see you?

Did he say anything to you?
[ Whispering ]

Objection.
Leading the witness.

I'll rephrase, Your Honor.
Officer Tedesco,

when you saw Mr. Wilton
standing in the window
of the SaveWorld Drugs,

what did he do?

- Object to the form.
- What happened when
Mr. Wilton saw you?

He said,
"Whose side are you on,
brother?

You should be helping us
to burn this place down."

[ Woman ]
And what do you think
he meant by that remark?

- Objection.
- Overruled.

He wanted me to join him and
the others destroying the store.

[ Woman ]
Thank you.

We're in trouble.
We took a hit.
We can recover.

We gotta buy some time.
We're still okay.

We start with the customers
in the store.

Diandra Jackson,
Ty Mallone--

The ones who will swear
it was the store manager
who provoked Aaron.

It's still
justified defense of others,
and we just keep goin'--

Eugene.
The jury just heard
intent to commit.

Whatever liberal sympathy
we had, it's gone now.

He's the angry
black killer now.
Let's not kid ourselves.

- Maybe we should go with that.
- What?

The Reginald Denny beating.
Remember after the L.A. riots?

That's how they got
those guys off.

- How?
- It was called
a social deviance defense.

As angry black men,
they had this right to explode.

The jury bought it.

It's not my theory.
I'm just sayin'
that's what they used.

Look it up.
Dr. Troub, Alvin,
whatever his name was.

He was the expert
on the Hilburn case.

[ Lindsay ]
We don't have a Reginald Denny
situation here.

We have
an upper-middle-class defendant,
college-educated--

Not only that, we spent
the last two weeks buildin' up
that he's an upstanding citizen.

Now we're gonna chuck all of
that and make him a poster boy
for Negro inferiority?

It's an option.
Maybe the only one
we have left.

He won't do it.
He's too proud.

Well, 15 years to life
is a high price for pride.

Jimmy, see if we can still
argue diminished capacity.

We should be able to
since they added homicide.

I think we gotta
at least take it to him.

Please, tell me
you're not serious.

I'm not necessarily
recommending it, Aaron.

You're talking about
humiliating me...

in front of my friends,
my family, the whole world.

How the hell is that
supposed to help me?

It helps by maybe
keeping you out of jail.

Explain this to me again.

You argue
that he's a deviant?

We would argue that he has
a pathological tendency
towards violence.

Like a wild monkey defense?

Like I said,
I'm not recommending it.

Then why are you even
presenting it, man?

Because you're staring at
a possible homicide conviction.

Even if we get it chopped down
to involuntary manslaughter,
you're lookin' at five.

[ Woman ]
I still don't understand...

the "group contagion" part.

Basically, instead of tryin'
to argue defense of others,
we argue that...

once the people started fightin'
around you, you kind of
went on automatic pilot.

That's where the
"social deviant" thing comes in.

We say you lacked the power
to stay out of it.

You really expect me
to testify to that?

Something to that effect.

But if he testifies,
doesn't the previous
conviction come in?

We want it in.
It works for us now.

Oh.
Oh, it works for us now?
I see.

The strategy has changed, Aaron.
That's what I'm tryin'
to tell you, man.

Before, we were arguing
you were justified.

Now, it's more like insanity.
You got this pathological thing
that makes you violent.

No.

- Aaron--
- Baby, no!

I mean, how am I--
How am I supposed
to walk back into work...

after I say I'm some kind
of pathological,
violent animal?

You don't get to walk back
into work if you're in prison.

What about our son?

Our home?
Our life together?

What about all that?

Baby, you're suggesting
that I pretend to be
a social deviant?

I don't know!
[ Sobbing ]

I don't know.

It's not a strong case,
but it's makable.

With just two crimes?
Two assault crimes.

Together with his past history--
getting pulled over,
falsely accused--

Every black man in America
has that history.

As I said,
it's not a strong case.

But all you need
is reasonable doubt.

Doctor, we're in the middle
of the trial. Could you
possibly testify tomorrow?

No problem.
All I need to do
is interview Mr. Wilton.

And I would need
$10,000 in advance.

And, uh,
if you could think...

of any other
horrible things you've done,
it would be helpful.

So basically,
we're betting everything
on this theory.

Bobby will question the doctor.
It'll be better coming from him.

He'll do you as well,
and I'll do the closing.

You don't feel
a little funny about this?

Funny? It makes me sick.
But let's get
the acquittal first.

[ Bobby ]
Yeah, let's get the acquittal.

Now, come on.
We do what we have to do.

We're not losing here.
We're not losing.

Mrs. Kramer,
I really appreciate you
coming down here today.

I've advised Mrs. Kramer
not to say anything
at this time until we can--

Listen, young lady,
I've been in this business
for 30 years,

and I've never carried
liability insurance.

Who ever heard of suing
your travel agent?

Well, Myra Glenn
feels that her damages
are very real.

Our position remains, however,
until we have--
Damages? Name them.

Uh, inconvenience,

fraudulent representations,
and, um,

impediment to, uh,
sexual satisfaction.

I can't promise you anything,
but there may still be room
in all of this for a settlement.

We might look
very favorably upon--
Not the skinniest of a chance.

Mrs. Kramer, you can't deny
that there were foul-ups
on the honeymoon.

Can I tell you something?

When I went on my honeymoon,
my husband Hershel--
may he rest in peace--

never made a big deal
of the sex.

Gracie--
We talked. We played canasta.
We'd go for a stroll.

We really got
to know each other.

There was still time for love,
but it wasn't
the be-all and end-all...

that these kids
make it out to be.

No. No settlement.

And if you're their adviser,
Ms. Frutt,

you tell them
what really matters
in a relationship.

[ Door Opens, Closes ]
Maybe we could work this out.

Yeah.
That would be nice.

Could you explain to the court
the science of
urban anthropology?

Urban anthropology is
the study of human interaction
in the inner cities.

And in all your years
as an urban anthropologist,

have you ever studied situations
like the riot that occurred
in Brighton, Massachusetts?

Many times. In fact, I authored
a paper published in the
Journal of Urban Studies...

entitled
"Group Contagion
and Racial Violence."

Is this the journal?
Yes.

If you would read
from your article
this paragraph right here.

"It is the finding of this study
that group violence...

"often triggers
a contagious behavior...

"within the African-American
community which aggravates
in African-American males...

an innate pathological tendency
to commit acts of violence."

Well, that is
a pretty bold statement,
don't you think, Doctor?

Aren't you concerned
with being labeled a racist?

[ Troub ]
My concern is scientific study.

Racism plays no part in it.

I see.
If you would read...

the rest of
the outlined portion aloud,
right here.

"This frenzy of aggression
precludes the individual
African-American male...

from forming a specific intent
to hurt or commit mayhem."

- Oh, give me a break.
- Ms. Hart.

In simpler language, Doctor?

We found that black men
cannot be held psychologically
accountable for their actions...

when taken over by this form
of temporary insanity.

It's not unlike pack behavior
you see among many
animal groups.

Objection, Your Honor!
Are we supposed to allow
this racist quackery...

to be passed off
as legitimate science?

The court's position is not
to judge scientific validity,
Ms. Hart. Only relevancy.

- Overruled.
- Doctor, help us out here.

How do you account for this--
this tendency among black males?

The group contagion comes
from commonly shared
emotions of frustration,

from feeling locked out
from full participation
in society.

And when a situation
presents itself...

that gives them a way
to release that
powerful frustration,

it's like lighting a spark
to an explosive.

- It can't help but blow up.
- And this impulse--

this tendency to violence--
you don't find among whites?

No.
Hispanics?

No.
Asians?

No.
Only African-American males
in a group setting...

may be incapable
of resisting
this contagious violence,

like victims of a disease.

So black men
just can't lay off violence?

What I said was
in some situations--
I heard what you said.

Blacks are subject
to group contagion,
which is basically mob violence.

I said
in some situations,

depending upon the underlying
sociological history,
that pathology can develop, yes.

And I'm certainly not
the only doctor or professor
to make this claim.

But you're the one
making it today, Doctor.

I sit here saying
that it is possible.

Possible...
when the price is right.

[ Bobby ] Objection.
How much are you charging
for today's testimony?

Objection.
[ Judge ]
Overruled.

- I'm interested to know myself.
- How much, Doctor?

$10,000.

Plus expenses.
You charge for mileage?
Yes.

And in preparation
for today's expert testimony,

how much time did you spend
with the defendant...

to see if he was
"subject to group contagion"?

I'm not sure.
More or less than a day?

Less.
More or less than an hour?

- Less.
- This witness makes me sick!

- Objection!
- That remark is stricken.

- I'm surprised at you.
- Objection!

[ Judge ]
Ms. Hart!

The fact that he's withholding
is a good sign.
How do you figure?

Bobby always goes
for the wrong girls
because it's safe.

He knows he'll never
fall too deep.

He's scared with you
because you could be right.

That's ridiculous.
It isn't, Helen.

Be patient.

You know what I think
we should do?
"We"?

Remember the time--
Forget it!

All right. Your birthday's
coming up. I've been wondering
what I should get you.

Three words, Helen--
For-get it!

Okay.
Your loss.

I gotta go after him, Eugene.
I know he's our client, but--

I know the strategy, Bobby.

I'm sorry.
I know this is hard.

Did you tell him
what he's in for?
No.

So he has no idea
where I'm coming from?

Nope.

[ Door Opens ]

Why'd you have to jump in?
You weren't involved.

Well, because I've been stopped
so many times in my life...

for no other reason
than the fact that I'm black.

I just-- Well, I just couldn't
accept it when I saw what
they were doin' to this kid.

You were angry?
Yes.

Angry enough to hurt
that security guard?

I didn't mean to be
involved in a brawl.
Things flew out of control.

Suddenly, I found that
I had to defend myself.

[ Bobby ] We've all watched
the videotape. Are you denying
that you were on the attack?

[ Aaron ]
I didn't start it.
You could have walked away.

By then the others
had joined in.

It was four against one.
Why didn't you stop it then?
[ Hart ] Objection.

Is counsel declaring
his own client
a hostile witness?

Mr. Donnell?
I'm advancing a theory
my client doesn't agree with.

- I may have
to treat him as hostile.
- [ Judge ] Right.

When you had the upper hand,

why didn't you stop the fight
and leave the store?

I tried to,
but like I said,
things flew out of control.

Watch the tape again,
Mr. Wilton.

Show us where you tried to stop.

Okay, it wasn't like that.
I mean, you know,
it happened so much faster.

It was like everything
was happening all at once.

[ Bobby ]
Like this?
Or like this?

That's how it seemed.

I see. And when the
security guard-- Mr. Rosemont--
tried to restrain you--

Excuse me!
Strangle me.

Okay.
"Strangle you."

When Mr. Rosemont
tried to strangle you,
what were you thinking?

Thinking?
I don't know, man.

Did you want to hurt him?
[ Hart ]
Objection.

You wanted to hurt him.
I said I don't know
what I was thinking.

Did you want to kill him?
[ Hart ]
Objection!

Were you thinking
that you'd get your revenge
on him, the manager,

the store,
on every white person
in America...

if you put Rosemont through
that plate glass window?

No! I wasn't thinking anything!
[ Hart ]
Objection!

The jury will disregard
the last exchange.
Mr. Donnell!

Those theatrics
might play in Boston,

but here in Wellesley
we don't go for it.

Do you recognize the name
Samuel Baxter?

Yes, I do.

Who is Samuel Baxter?

He was a janitor
at the Academy Homes
in Roxbury.

The projects
where you grew up?
Yes.

Was he a white man
or a black man?

He's a black man.

And how would you characterize
your relationship
with Mr. Baxter back then?

It was friendly.

- You still friendly
with Mr. Baxter?
- No.

You were arrested and convicted
of aggravated assault
against Mr. Baxter.

Objection, Your Honor.
Aside from
the question of relevance,

he's talking about something
that happened almost
20 years ago.

[ Bobby ] Your Honor,
this case today revolves around
the issue of group contagion.

As we have already established
by Dr. Alvin Troub,

"tendency to violence" pathology
may not be limited
to single incidents.

My client and three others
beat up this man.

- Objection!
Now he's testifying.
- Withdrawn.

Did you and your friends
assault Samuel Baxter?

Okay, look, that happened
such a long time ago--

- You were drinking?
- Yes.

And this man, a custodian,
asked you to pick up
some bottles?

- Yes.
- And you beat him up.

Things just
got out of control.

- The four of you beat him up.
- A fight ensued.

This man asked you
to pick up some bottles,
and you beat him half to death.

I read the police report.
Why'd you do that?

I don't know.
Couldn't help yourself?

I said I don't know.
Mr. Wilton.

At the time of the incident
in question today,
did you know that...

your actions inside
the SaveWorld Drugstore...

were being videotaped
by the surveillance camera?

Yes.

Well, if you knew that you'd be
identified and arrested,

why didn't you alter
your behavior?

- I don't know.
- You don't know?

I don't know!

Could it be that
you lost control?

You look like you're ready
to lose it now, Aaron.

Legal experts acknowledge
that the strategy
is an enormous risk,

but one that
Wilton's defense attorneys
must think is necessary.

It's as if with an
all-white jury, they figure
race will be a factor.

So rather than beat
the potential racism, why not
use it to your advantage?

This is Melanie Morris--
I'd say that nail
got hit on the head.

It isn't that simple.
Really?

Look. I'm not gonna pretend
that I am proud of this defense.

But how is that different
from what we did
in the Braun case?

We argued that the guy
had a Jewish right to revenge.

- This is a lot different.
- Why?

Gerald Braun
avenged the death
of his daughter.

We argued that he was acting out
of some kind of moral outrage,
and he was.

There's nothing moral about
the arguments we're making now,
and you know it.

I know you are angry,
and Rebecca's out
with the blue flu.

You don't think
I know what that's about?
But this is what we do, Eugene!

Sometimes we--
Hey! I know what we do!

We get people off!
We're good lawyers. We come up
with the best defenses.

There's nothin'
we won't stoop to.
We're the best!

I know what we do.

Eugene, are you ready?
Ready.

Eugene, for us to have
any chance, you gotta
go all out in there.

I know.
I'm ready.

And also,
how difficult this is--

I do understand.

It was successful
in Los Angeles.

If you remember, after
the Reginald Denny beating,

lawyers got acquittals
by arguing--

Diminished capacity under
the group contagion theory
of mob violence.

[ Man ]
Emotional outpouring
of violence.

Now basically,
the argument is that...

Wilton lacked
the specific intent
to commit mayhem.

It ain't dull here.

Nope. Fun place.

[ Chattering ]
[ Clears Throat ]

What we thought,
given the nature of the suit,

you might want to submit
to binding arbitration.

I don't--
I don't want arbitration.
I want my day in court.

Okay, Myra,
you might be spending a dollar
to save 50 cents.

I don't want arbitration.
I want my day in court.

I'm not afraid of a trial.
Why are you?
I am not af--

All right.
Would you consider
small claims court?

Small claims court?
Don't you wanna handle this?

Well, to be perfectly honest,
Myra, I think this case
is a bit of a nuisance suit.

- Tell me about it.
- Let's not inflame
the situation.

Oh, quiet. You fight fire
with fire. And don't
tell me not to inflame!

Okay, this doesn't have
to be a fight.

Yes, of course
it is a fight!
Why do you think we hired you,

to lick opposing counsel's
earlobes?

Okay. You know what?
I'm gonna need a little time
alone with my client.

Do you mind?
No, that's fine.

And I apologize because
I know this now means you have
to be alone with yours.

Thank you.

This... isn't a case
of false accusation.

I've been falsely accused
of shoplifting...
three times.

And I've lost count
of how many times
I've felt suspected.

My black friends,
they talk about being
followed around in stores.

It's sad.

But the answer isn't a riot.

And the answer most certainly
is not throwing somebody
through a window.

Basically, they're
asking you to accept...

that when black angry men
are in a group,

it's an excuse
to kill somebody.

And that should offend you
as civic-minded people.

And the suggestion...

that blacks should be given
some special exception...

because we, as a race,
are just less able
to resist violence--

That's obscene.

And as a black woman, you--

I'll tell you.

I'm going to go home...

and weep tonight.

Whether the argument
prevails or not,
no matter,

because I'm going
to go home and cry...

just because it was made.

Counsel?

"Group contagion."

Our evidence was uncontested.

We put the leading
urban anthropologist
on the stand here,

and he told you the black man
cannot be held
psychologically accountable...

for his actions
when he's in a pack.

He has a susceptibility
to group violence.
Something animal takes over.

Scientific fact.

What crap.

- Your Honor--
- I'm doing my closing!

See, what happened here
is that...

this man got frustrated,
and he fought back.

He was justified.
But as a legal strategy,

we didn't think
we could get you to believe
he was justified.

We thought we'd have a better
chance of convincing a white
jury that he was an animal.

So it became
good legal strategy
to argue that our client...

was like some pack animal,
a social deviant,
and it's crap.

This is a good man--
Aaron Wilton--

with a family, a son.

He's an executive vice president
at his place of work.

He is a very good man.

He just finally had had it.

Seeing somebody
being falsely accused,
he sticks up for him.

This thing breaks out.
Security officers
are jumpin' on him.

He had damn well had it.
And if you don't understand...

how this man could
impulsively lash out,
well, all you prove...

is that you don't understand.

Oh, I know you can sympathize,
but until you've been
yanked out of your car,

until you've been searched
just because of how you look,

until you see the look of fear
in somebody else's eyes...

staring back at you
simply because you're black--

Until that kind of thing
happens to you...

over and over and over...

and over and over,

you can't know.

My cocounsel, Bobby Donnell,

looked me in the eyes
this morning and said...

he understands.

He doesn't.
He might think that he does,

but he doesn't.

Aaron Wilton went to the aid
of a victim of racism.

He then became the enemy
and was assaulted
by security guards,

and he reacted with
moral and personal outrage!

That's what happened.

I won't ask any of you
to understand.

I know that's not possible.

All I'll say--

This man is no deviant.

This man...

was justified.

I just mean
it's a silly lawsuit.

Silly? Well, maybe
you're just trivializing
the importance of a honeymoon...

because it helps you cope
with the likelihood that
you'll never have one.

I beg your pardon?

What was I thinking coming here
expecting you...

to embrace the idea
of sex being important
in the union?

Don't turn this on me, Myra.
You're the one turning it.
You just called me stupid.

I'm not calling you stupid.
I just said it was silly
to prosecute a travel agent.

Which brings me back to the fact
that you don't have a clue.
A clue what about?

You know what, Ellenor?
Probably the only
long-term sexual relationship...

you've ever had
has been with your left hand.

It was a mistake to come here.
Good-bye.

Myra?

Yes?

Never insult the left!

Ellenor? Wh--
She tripped.

[ Groans ]

[ Snickering ]

You ought to go before the Bar.
You should lose your license
for a stunt like that!

You want my license?
Take my license.
Take my license!

Did you tell the client
you were gonna pull that?
Did you ask me?

I didn't need to ask!
The hell you didn't!

He comes before
your black pride, Eugene!
If he goes to jail--

Then we get grounds for appeal.
You can argue his lawyer
was a deviant!

It's irresponsible!
All right!

All right, look.
The truth is,

I don't know if I could've lived
with an acquittal on that
contagion defense anyway.

How could I explain that
to my son, Bobby?

Even so,
he should've asked you.

It's like he said.
He didn't need to.

[ Door Opens ]

Jury's back.

Members of the jury,
have you reached a verdict?
We have, Your Honor.

Will the defendant
please stand?

How do you find?

In the matter
of the Commonwealth
versus Aaron David Wilton,

on the first charge
of voluntary manslaughter,

we find the defendant
not guilty.

On the second charge of
aggravated mayhem, we find
the defendant not guilty.

On the third charge
of felony assault, we find
the defendant not guilty.

[ Scattered Applause ]

So say you one,
so say you all?
Very well.

Members of the jury,
thank you for your service.
You're now excused.

Court is adjourned.
[ Gavel Raps ]

[ Reporters Shouting Questions ]

Congratulations.

I think
your closing did it.
Thanks.

You want to talk
to the press on this,
or you want me to do it?

Uh, you're better
at spin.
You do it.

Eugene, you claim
I don't understand.

I'll accept--
I'll accept that.
I will.

I don't understand what
it's like to be subjected...

over and over
and over again.

I'll accept
I'll never get that.

But you know
a man did die here.

And the "I've had it" theory
as a defense to manslaughter--

I'll never
understand that either.

[ Sighs ]

Just a legal strategy.

You got yours,
and, uh,

I got mine.

Yeah.

But yours came from your heart.

We simply sought
the jury's understanding...

of Aaron Wilton's
state of mind
at the time of the event.

That understanding
between a white jury
and a black defendant...

can only be construed
as a positive outcome...

beyond the guilt
or innocence of one man.

It's a larger statement
for our commonwealth
and for our country.

[ Woman ]
You stinker!