The Practice (1997–2004): Season 3, Episode 12 - A Day in the Life - full transcript

WOMAN: Previously
on "The Practice"...

- Look, I've tried to fit in,

and I realize it's probably
my fault that I don't.

But let's just all admit
it's not working.

- I won't admit that.
I think you've been doing great.

- You're the only one
who's been nice--and Jimmy,

sometimes Rebecca, and Ellenor
when she's not riled.

- You're working out, I promise.

- There's a medical bag
on the floor right here.

- Ha, ha.

[all scream]



- Gotcha good, didn't I.
- Ellenor!

- It was a joke,
for God's sakes!

BOBBY: You have no legal right
to do anything.

- Legal--what about moral right?

- That oath
you're about to take tomorrow

has nothing to do
with moral right--

- Oh, please, spoken just
like a true defense attorney.

- Which you are on this case.

My New Year's resolution
was to move ahead.

- And everybody certainly thinks
that was mine, don't they?

- I'm not going anywhere.

I'd rather fire you.

- You can't just fire me.
I'm a partner.

- Yeah, you are--mine.



- Okay, manicure 3:00,
pedicure 3:30,

facial 4:15,

full-body 5:00,
then we go to hair.

- I have been
so waiting for this day.

You still think we can
get out by lunch?

- I've just got my PC
on the boat guy.

I should be done by 11:00.
- Jimmy's case?

- Yeah, we've already
made a deal on manslaughter,

pending probable cause, so...

You think I should
have a softer look?

- What?

- I'm thinking of going softer
with my hair.

I'm told juries
are finding me a little harsh.

You think I should go softer?

- Well, Helen, I mean,
your style is kind of, you know,

queen bitch killer bee.

Doesn't harsh go with that?

- Why, yes, Lindsay,
harsh would go with that.

- You win almost all
of your cases; what's to change?

- Well, I wouldn't mind getting
asked out on a date.

- But if you go
with a softer look,

you might get hit on
by nice guys.

- Yeah?
- You don't want a nice guy.

You only like crazy guys,

or at least a guy
that can make you crazy.

- That is so untrue.

- Name one guy
you've been with

that didn't have some dark,
twisted--

- Bobby.

- And it died quickly.

- Not because he was
a nice guy,

because
you were sleeping with him.

- I wasn't sleeping with him.

That was before you, Helen.
We got together before--

- Oh, not much,
you weren't sleeping with him.

I like nice guys.

- Helen, you like twisted guys.

- Is that really true?

- Well...

- You think I should
see somebody about it?

- You might.

- Know any dark,
demented, twisted shrinks?

[funky music]

♪ ♪

- Take you a day, two tops.

- Okay.
- Nice Lujack, Eugene.

- It's not a Lujack.

- What's a Lujack?
- Lindsay turfed it to me.

She's having a maintenance day.

- What's going on?
- Oh, Lindsay's maintaining.

She turfed a case to Eugene.
Now he's Lujacking Rebecca.

- I can't find my day planner.

- What's a Lujack?
- It's when you dump a case

you don't want
onto somebody else.

- It's a prelim.
It's good experience.

- Lujack.
- I left it right here

on my desk--
- That's not even a word.

Show me where it says
"Lujack" in the dictionary.

- It's okay.
I want to do this.

- Let me guess.
This is a drug prelim.

- Possessions
of a controlled substance.

- Lujack.

- Where you going?

- Oh, PC
on my lifejacket killer.

- I thought you plead out.
- Only assuming they make PC.

- What?

What?

- Don't you think that's
a little brisk for January?

- Oh, this?

Yeah, I read an article
that, you know,

sexy-looking receptionists

actually
help lawyers land clients.

So I thought, what the hell?
We'll see.

What?
- Well, there's sexy, Lucy,

and then there's, uh--

- Slut?
- I'm not a slut.

- I didn't say you were one--
- All right--

- Yeah,
I can show you the article.

Donnell, Young, Dole
& Slut--Frutt.

Hey, slow down, bub,
I'm only using one ear.

Bite my head off.

Bobby, he says he's a friend.

- Hello? Ted.

Okay, okay, slow down.

When?

Okay, o-okay, um,

are you sure she's dead?

All right.
No, don't call anybody.

I'll be there--
it'll take me 20 minutes.

Just wait right there.

- Joey Heric, right?

He's dating again.

- Not Joey Heric.

Eugene, you free?

- I can be.

- I'll fill you in on the way.

- Well, what about me?

Who's gonna fill me in?

- Hey.
- Hi.

- Where's Julie?
- She's up in her room.

- She okay?
- I don't know.

How--

- Mary, how you doing?

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

- Okay.

Where's, uh--

- In the kitchen.

We didn't even know
she was pregnant.

We didn't even--
- Okay, Ted, Ted, have a seat.

- We didn't even
know she was pregnant--

- Okay, okay.

- It makes no sense
to waive probable cause,

so I want to go through with it.

But it's pretty much pro forma.

We'll cop to manslaughter
right after.

- And you think three years?

- No record, good behavior,
I don't see any reason why not.

- You're a good lawyer, right?

- I run hot and cold.

- I was just walking
down the street,

minding my own business.

And that cop, he just
stopped me--no reason.

- But the drugs were yours.

- Two tiny packets in the watch
pocket--no way he could tell.

- Well, for the prelim,
all the have to establish

is that a crime
has been committed--

- But they can't just go around
searching people for no reason.

Can't you file one of them
squash motions?

- Motion to quash.

- Yeah, file one of them.

- We can do that
for the trial court.

With the prelim--

- Ms. Washington,
you got to make this go away.

With my priors, I'm facing
serious time here.

- Wouldn't that be incentive
to give up the drug life?

- That cop stopped me 'cause
I was in the wrong place

at the wrong time

with the wrong color skin.

You got to help me.

- She gave birth
in the middle of the night,

in her room.

- She was alone?

- Yes.

- And you didn't hear it?

- No.

God, I still can't believe--
it's like I'm talking about--

- When did you first
see the baby?

- This morning.

I was coming down the stairs,

and I suddenly heard a scream
from her room,

like I've never
heard her scream.

I ran back up.

She was holding the baby,

trying to make it breathe.

It wasn't breathing.

- I need to talk
to your daughter.

MAN: We first pulled him
on board.

- The defendant?
MAN: Yes.

He said there had been some kind

of explosion
on his fishing boat.

It sank, and he and his partner,

they had been in the water
for almost three hours.

- Did he say anything else?

MAN: He said his partner
was still out there.

And then one of the crew members
of my boat spotted him,

and we pulled him on board.

- Could you describe
his condition?

- Bad.

He was bleeding
from a head wound.

He was near death.

HELEN: Did he tell you
how he got the head wound?

- Objection.
- Overruled.

MAN: He said the defendant
wanted the life jacket

and that the defendant
hit him over the head

with a piece of wood
and removed the life jacket

and put it on himself.

HELEN: And did he say
anything else?

- No, he got kind of groggy.

He died as we were
heading back to shore.

- The parties stipulate
that the cause of death

for Mr. Terrence was a hematoma
caused by a fractured skull.

That's all.

- Mr. Berluti.

- He said Mr. Forbes
hit him with the wood?

- He referred to him as David.

"David hit me and stole
my life jacket."

That was basically it.

- Okay, I think that's all,
Your Honor.

- Your Honor, one second.

I'm cocounsel with Mr. Berluti.

I'd like to confer.

- Make it quick.

- Is that their whole case?

- Well, they removed fragments
from his head

that matches the wood
he was clinging to.

- Well, he could've got hit
during the explosion.

Has your guy talked?

- No.
- He's it?

- Well, three others on board
also heard what he--

- It's hearsay.

- Dying declaration, Lindsay.
- Can I try something?

- Be my guest.
- Who's she?

- Mr. Brown,

when you pulled
Mr. Terrence on board,

did he say anything
about his condition?

- Just that he knew
he was hurt real bad,

pointing at his head.

- Did he say anything to you

that indicated he knew
he was going to die?

- I think he knew pretty--

LINDSAY: I'm not asking
what you think.

Did he indicate
any knowledge on his part

that he was about to die?

- Not directly.

LINDSAY: And did you say
anything to him?

Did you try to comfort him?

- Yes.
LINDSAY: Like how?

- You know, "Hang in there.

We'll get you to the doctor."

LINDSAY: So you were trying
to give him hope?

MAN: Yes.

We certainly didn't tell him
to give up.

- So it's possible
he thought he might live.

- I guess, sure.

- Your Honor, I move to strike
all of this testimony.

It's hearsay;
the dying declaration exception

doesn't apply unless
the declarant knows he's dying.

They haven't made
a showing that he did.

- I think he did know.

- Excuse me, sir.

- Ms. Gamble,
have you got anybody else?

- Do I need anybody else?

- Well, I wouldn't stop here.

- I can get another witness
in here after lunch, Your Honor.

- We're adjourned until then.
- Nice.

- Helen,
we have to take the shot.

- There goes our manicure,
Lindsay.

We will be lucky now
to make the facial.

See ya.

- The cop who arrested you?
I did some checking.

He has had a few
of his cases kicked.

He's a little aggressive.

- This is what I'm telling you.

A client of mine got busted
by this guy once.

- Yes, maybe
we can call your clients

as character witnesses.

- Ms. Washington,
are you gonna fight for me

or not?

- Nobody knew you were pregnant?

- No.

- You never went
to the doctor--nobody?

- I just wore baggy clothes,
which--

- What about the father?

- He was a guy I dated
for a couple of months.

I haven't told him.

- So last night, you gave birth
all by yourself?

- Yes.

She came out okay,

and I was gonna drop her off
at the hospital this morning.

When I heard Daddy's footsteps,

I thought he was
coming to my room,

and so I put her
in the closet, in a box,

and threw some coats
and stuff over the top.

I was afraid she'd cry
and Daddy would hear.

It was less
than a minute, I think.

- How many coats
did you put on top?

- I don't know.

I just threw a bunch
of clothes over the top

'cause I didn't want
him to hear her.

I didn't leave her there
that long, and then--

- Okay, honey, it's okay.

It's okay, sweetheart.

- Bobby.

MARY: You're gonna be all right.

- I can't let this destroy
the rest of her life.

I need you to advise me.

If we don't go forward
with this,

what do I need to know?

- Bec.
- Jimmy, have you seen Eugene?

He said he'd be here
to back me up.

I got a prelim
in about 20 minutes.

- The drug case.
- Yeah.

Have you heard of a cop
named Alan Gill?

- He's the arresting?

- You know him?

- He's the guy
Dershowitz had in mind

when he said all cops
are trained to lie.

- Great.

- Rebecca,
this is just a prelim.

You've tried cases.

- I've never done a prelim,

and my client
faces a lot of time.

Eugene said he'd be here.
First he Kojaks me.

Then he doesn't show up?
- Lujack.

- Yeah, well,
whatever--something jacked.

That much I know.
I've been jacked.

And now I'm going up
against some cagey cop

who's got more experience
in there than me.

- Calm down.

Let's find a room.

We'll do a little run-through.

- Okay.

- Accident or not,

it's a potential homicide
investigation.

If you don't contact the police,
you could be subject

to obstruction of justice
charges--maybe even accessory.

- If they find out.

- Yes, if they find out.

- What's done is done.

But if this becomes public--

She's 16.

The investigation alone--

- Ted, my advice
is to call the police.

- If it's an accident,
like Julie says--

- There's still gonna
be an investigation.

Look, and even if it's dismissed
as an accident,

this is gonna be on newscasts
all over the country.

"Teenager buries baby
in closet."

I'm not gonna let my daughter
be ruined by this.

I'm not gonna let that happen.

- You're talking publicity
as worst-case scenario.

Ted, that's not the worst.

Worst is criminal prosecution.

If she doesn't come forward
and the police tumble to this,

they will suspect her of murder.

The only way they buy accident
is for her to come clean.

- All right,
let me ask you this.

An autopsy
right now--no bruises.

They'll probably conclude
accidental suffocation, right?

- If that's what happened.

- If the body
were disposed of

but discovered
a month or so later,

would it still reflect
what happened?

The question I'm getting at--
would we be burying evidence

that might clear us
if we ever got caught?

- First of all,
that's a medical question.

Second, I'm not gonna
advise you, in any way,

to bury or dispose of the baby.

[tense music]

♪ ♪

- I need to talk to my wife.

♪ ♪

- You just had to make me
bring in another witness.

- All right.
- Just keep in mind,

the longer you cross-examine,

the longer you cut
into your herbal wrap.

- Yes, I actually
have that written down.

- Oh, funny--had to have
another witness.

- All right.

- And, Officer, isn't it true

that when you saw
Clarence Barnett,

he was just walking
down the street?

- And then I observed him make
a furtive gesture.

- What?

No cop is gonna use
a word like "furtive."

- Sometimes they use language
right out of case law

to make sure the arrest sticks.

- Well, a judge would know
that's what he's doing.

- Rebecca,
all the judge wants

is an excuse
to find probable cause

and pass it on
to the trial court.

- Okay.

- Define "furtive."

- Well, it basically
means "sneaky."

- Basically?

You don't even
know what it means?

- I said "sneaky."
- You don't know what it means.

- You want me
to help you or not?

- I'm talking to you
like you're the cop.

- Oh, right.
Go ahead.

- So you stopped him
based on "sneaky."

- Yes.

I thought he might be
reaching for a weapon,

so for my own protection,

I conducted a pat-down search.

- You conducted a pat-down
for weapons?

- Yes, I did.

- But you didn't feel anything
that felt like a weapon.

- I felt a suspicious bulge
in his front jeans pocket.

- And you thought what was in
that little pocket was a weapon?

- I thought
it might be a weapon.

- That's a lie. You're a liar.
- Oh, you--you can't say that--

- A little packet
the size of a thumbnail?

- You can't call him a liar.

- If he says that, he is.

- This cop is an experienced
witness.

- Experienced liar.
- You can't call him a liar.

- Okay, "You sneaky,
furtive bastard,"

how about that?

- Come on, Jimmy.
We're on.

- He knew he was dying.
- You're sure?

- He had this look in his eye.
He knew.

And he said,
"David did it.

He hit me to steal the jacket."

- When you say
he knew he was dying--

- Well, I'm no psychiatrist,
but when he said,

"David did it," it seemed
like a dying declaration.

JUDGE: Mr. Berluti?

- "Dying declaration."

You ever hear that term
from the district attorney?

- Objection.
JUDGE: Overruled.

- She ever say that term,
"dying declaration"?

- I think
maybe I heard her say it, yes.

- Did she tell you
that term had special meaning

as far as the rules of evidence?

- Objection.
- Overruled.

- Did she give you
any instructions

for the purpose
of this testimony?

- Work product.
JUDGE: Overruled.

What did she tell you?

- That it was important that
Mr. Terrence knew he was dying.

Otherwise, what he said to us
would be inadmissible.

- Thank you.

- Did I ever tell you
to do anything

but tell the truth?
- No.

- And is it
your truthful testimony

that Mr. Terrence believed
he was dying when he uttered,

"David did it"?

- Absolutely.
HELEN: Thank you.

- I got another idea.
- What?

- [whispering indistinctly]

- Your Honor, the defense
would like to call David Forbes.

- Really?

- We'd just like a 20-minute
recess to confer.

- Okay, back in 20.

- We can't give them any advice
on how to dispose of a body.

- I know that.
- That's where they're heading.

I can tell--
- I can see that, Eugene.

You heard me tell them.

- We also can't start
giving them odds

on whether or not
they'll get caught.

That's borderline accessory.
- How do you figure?

- Well, if we tell them,
chances are,

they won't get caught,
that amounts

to encouragement--
aiding and abetting.

We got to stay clear of that.

Now, I realize
this guy's your friend,

but we got
to cover our asses too.

- Yeah.

Listen, Eugene,
maybe you should leave.

There's no sense
in exposing both of us.

- I think I'd better stay.
- Why?

- To make sure you're careful.

[emotional music]

♪ ♪

And by the way,

there's a dead baby
in the kitchen.

♪ ♪

- What kind
of a defense attorney

puts his client on
for a probable cause hearing?

- Helen.

- You don't want to go
to the spa.

Is that it?
Not sure you could handle

a day off from work?
- Helen, it's--

- A probable cause hearing.
- We have an idea.

- Oh, you have an idea--
- We have to defend the guy.

We can't just
ignore our obligations.

- Whole point
of the day, Lindsay,

just to ignore our obligations.

- Angry.

- We've discussed it.

We realize
that by not going forward,

it's illegal.

But the child is already dead.

We can't bring it back.

What we can do is protect Julie,

who is also a child.

The alternative--she would live
the rest of her life

under a microscope,
as well as a stigma.

- If it backfires,

she could spend
that life in prison.

MARY: Only if she's found out.

And the people in this room
are the only ones who know.

- Is that true?
- Yes.

- What if the father knew,
somehow, you were pregnant.

- He didn't.
- You sure?

- Bobby.
- What about all your friends?

Could somebody have
seen you take a shower?

- Nobody knew.

- Well, that better be true.
Otherwise--

- Bobby!
JULIE: It is.

- You never told anybody
on the internet?

You never wrote a letter
to Dear Abby?

- No.
TED: We've covered

all these questions
with her, Bobby.

- How much clothing
did you pile on top of the baby?

- Why are you--
BOBBY: Ted,

if this somehow does get out--

- It's not going to get out!

BOBBY: What if she has
a breakdown?

What if you do?

I'm just trying to get an idea

of negligence versus
recklessness.

How much clothing?

- A few coats, some dresses.

- How long was she buried for,
do you think?

- Not that long.

I uncovered her as soon
as I came back into the room.

I went straight to the closet
and took them right off.

- What do you mean, when
you came back into the room?

When did you leave the room?

- I went to the bathroom.
BOBBY: How long were you gone?

- What difference
does this make?

- Why did you first say
you hadn't left the room?

MARY: Stop beating her--

BOBBY: I need to ask
some questions.

Did somebody else
go into that room?

- No.

BOBBY:
Well, how do you know that

if you weren't in the room?
- I was only out a few minutes.

I came back, and she was dead.

- Did somebody else
go into that room?

- Mary, did you go in there?

Mary?

Oh, my God.

- The baby was dead
when I went in.

- Why didn't you tell us
you went in?

Why didn't you?

- Teddy, can I talk
to you alone?

- Okay.

You can't even
tell me what it is?

BOBBY: No.
- Bobby, I know somebody's dead.

You might as well
just tell me what--

BOBBY: No!
[dial tone humming]

- He hung up on me.
- What did he say?

- Just to reschedule
all his meetings.

He could be out most of the day.

The clients won't be happy.

- Well, maybe
you could entertain them.

- Are you jealous?

- I'm sorry?
- Nothing.

- What, you don't think
I can wear a dress like that?

You think I'm too fat?
Is that it?

- Did I say that?

Look, the truth is, Ellenor,
I don't find you fat at all.

I just think you're more
full of yourself than most.

- What would remotely possess
you to say something like that

to a partner?

- My mother told me two things
before she died.

One was, "Never let
somebody push you around

just because they're
bigger or richer."

- What's the other thing
she told you?

- If you're ever
in an argument,

you can always trump
with a dead mother.

- I was too tired to swim.

First, I kind of grabbed
on to Terry.

You know, hold on?

But the life jacket
wouldn't keep us both up,

and he kept throwing me
off of him.

I said, "Let's switch off
wearing the jacket,"

but he just said no.

- And then what happened?

DAVID: Well, I was about
to drown.

I was holding on
to this one piece of wood,

which couldn't really
support me.

I kept swimming to Terry.
He'd kick me away.

I think we were both
scared of dying.

- But at some point--

- I told him I saw a boat,

which I didn't.

I pointed to distract him,
and when he looked away,

I swung the piece
of wood I was holding,

and it hit him
in the head.

I hit him two more times,
till he was half out,

then I peeled off
the life jacket,

and I put it on.

It was actually
about ten minutes later

that I did spot the rescue boat.

- Thank you.
That's all.

JUDGE: Ms. Gamble?

- Nothing, Your Honor.
- Okay, I'm finding--

LINDSAY: Excuse me, Your Honor.

I know this is extremely
unorthodox,

but in the overall interest
of judicial economy,

I would like
to be heard on duress.

- What?

- That's an affirmative defense,
Counsel.

- I understand that,
but if a district attorney

or a judge
knows a case won't make it--

really should be dismissed--

I would just like to be heard--
ten minutes, please.

- Ten minutes.
- Some time to prepare?

- One hour.

- Then the defendant,
Clarence Barnett, approached me.

- What were you doing
at the time?

- My partner and I had just

placed another person
under arrest

when Mr. Barnett
walked up to us.

MAN: And what happened
at that time?

- Mr. Barnett handed me
two clear plastic packets

of suspect cocaine

and stated he wanted
to turn himself in.

- He wanted to turn himself in?
- Yes.

MAN: Were the packets
you recovered from the defendant

sent to the crime lab
for testing and analysis?

MAN: Yes, they were.

- And to the best
of your knowledge,

did they test positive
for .23 grams of cocaine?

- Yes, they did.
MAN: Thank you.

Nothing further.
Tender the witness.

- Ms. Washington?

- Just walked right up,
out of the blue.

- That's what I'm saying.

- And prior
to him approaching you,

as you allege,

you hadn't observed him engage
in any illegal conduct?

- No.

REBECCA: Didn't observe him
with any drugs?

- No, I didn't.

- He just walked
right up to you.

- Yes, he walked over
and handed me two packets

of what appeared to be cocaine.

- And said?

- "Officer, I have drugs,

and I want to turn myself in."

- Didn't tell you he killed JFK?

- Objection.
- Sustained.

- Walked right up.
- On his own accord.

JUDGE: Let me make sure
I understand what you're saying,

even though you've said it
three or four times.

Mr. Barnett just walked
up to you as a Good Samaritan

and turned himself in without
any prior contact on your part?

- Yes.

- Mr. Barnett,
you're free to go.

MAN: Your Honor.
- Counsel.

Mr. Torkelso,
I'd advise you

to counsel your officers
that in the future,

if they're gonna try to make
the facts conform to the law,

they should at least try
to make it sound believable.

- But that's just the point.

If he wanted to lie,
he could easily have come up

with something
that sounded more plausible.

It's so outlandish,
it has to be true.

- Or maybe he thought of that.

Be glad I don't find misconduct.

Just walked right up.

- I--I'm afraid
this is much worse

than I thought.

- Mary killed the baby.

- She--she thought
I was the father.

- What?

- She--when Julie wouldn't
tell her who the father was,

she suddenly thought it was me.

Don't ask me to explain how.

- Have you?

- God, Bobby, no, never.

Of course not.
- How could your wife think

that you were the father,
if you didn't--

- Oh, God, I don't--
I don't know.

She's been battling
some depression,

but to think--so I don't know.

I think she's having
some kind of breakdown.

What do I do now?

BOBBY: Tell me the name
of the father.

- Why is that important?

- Because I want to know.

- His name is Steven Gilbert,

but he doesn't know.

EUGENE: Okay, look, personally,

I don't know any of you
well enough to know

whether you're telling
the truth or not.

But here's what we got:
a dead baby;

a person here
who killed that baby;

a person here who maybe
left the room, maybe not;

a person here who maybe
is the father, maybe not.

- I am not the father.

- And I don't care!
- Eugene.

EUGENE:
No, this needs to be said.

We got a serious conflict
of interest going on.

Somebody's a killer.

Somebody else could be
an accessory.

Maybe we got two accessories.

The only thing I know for sure

is, you all need lawyers--
separate lawyers,

in my opinion--
before you do anything.

That being said,

I think we should
get the hell out of here.

- We're not calling
any more lawyers.

She needs help.
She needs help.

We're gonna stick together,
as a family.

- And I got a credibility
problem with you

rattling off
"stick together as a family"

after discovering
your wife is a killer.

- Hey!
BOBBY: Quiet!

- At a minimum,
your daughter

shouldn't be taking advice
from you two.

BOBBY: Eugene--

- Look--
- Bobby, come on.

These people
may be your friends,

but this girl needs
independent counsel from them.

TED: I don't need to hear
from you what is best for her.

- Look, this is undue influence,
and as members of the law--

- Why don't you just get
the hell out of here,

like you want to do?
- Leave us alone!

- Leave you alone?

You murdered a baby.

You killed a baby,

and you want me
to leave you alone?

BOBBY: Eugene, all right--
- I will pray to God

tonight that you rot.

She was an innocent
little girl, and--

JULIE: Shut up!

- This isn't
gonna bring back Tia.

All this fighting,
it isn't gonna bring her back.

- Tia?

- That was her name.

- You named her Tia?

[emotional music]

♪ ♪

- David Forbes had a legal right
to kill John Terrence.

- A legal right--duress?
- He was drowning.

He asked Mr. Terrence
for the life jacket.

He needed the life jacket.

Without it, he was
about to drown.

- First of all, as I said,
it's an affirmative defense.

I'm hardly going
to make a ruling

at a probable cause hearing.

And second, you're saying
duress excuses murder?

- Without admitting my client
attempted or committed murder--

he only wanted
to get the life jacket--

yes,
duress can justify murder.

I've pulled up
a quick list of citations.

Duress excuses
the infliction of evil

in certain circumstances,

where it's one against one
and your life is on the line,

a person is legally permitted
to choose himself over another,

even if it means
committing an evil act.

That's what happened here.
It's beyond dispute.

David Forbes was drowning.

He whacked Mr. Terrence
on the head,

took the life jacket
to save himself.

- This is defense
to be made at trial, not at--

- I agree,
but these facts are uncontested.

The judge and DA have duties
not to proceed with prosecutions

that can't be made,
and this case can't be made.

- I can make it.
- Oh, come on, Helen.

You just want to make
your Swedish deep tissue--

- Objection!
- You can't make this case.

It's one-on-one
in the middle of the ocean.

This is classic duress.

And in the interest
of judicial economy--

- All right, all right,
all right,

I tell you what, Counsel.

Let me consider this.
That's all I'll do.

- What?

- I just said "consider."

Give me an hour.

- There's nothing more
we can do here, Bobby,

nothing more we should do.

- I told them we'd wait.

Maybe they'll do
the right thing.

- What would you do,
if that were your daughter?

- If this was my granddaughter?

[melancholy music]

♪ ♪

- So I'm, like, free now?

- As a bird.

- You're a good lawyer.
Single?

- Not that single, Clarence.
- I'm a great provider.

- No hard feelings,

but it did happen exactly
how I said.

Two of us know that.

- Three, counting God.

Next time.

- His story was true?

- Happened just like he said.

- You mean you actually
walked up to him

and turned yourself in?

- Yes.
- Why?

- 'Cause he was out there
stopping every black male

on the streets.

I knew I'd be next,

and I didn't think
I could outrun him.

Only thing I could think was,
if I turned myself in that way

and that cop testified
to how it went down,

no one would believe him.

- You looked right into my eyes
and lied to me.

- I needed you to fight for me.

Was I wrong?

Does that take some of the sweet
out of the victory?

- Yeah, Clarence, it does.

- But think of it this way.

They've been stopping me
all my life,

arrest me for no reason
sometimes,

even beat me up once.

Sometimes it got to go my way.

- Why?

You deal drugs.

- Now you're trying
to take some the sweet

out of my victory.

Good job, Counsel.

You a keeper.

- What are you gonna do?

- Bobby, I'm gonna take you
off the hook, okay?

We're gonna sit,
as a family, and--

We don't need
you two anymore.

Thank you for--

- Ted, you're emotionally
shattered here.

You can't be deciding.

- This is a family issue now.

I really need you to leave.

- Bobby!

- St. Thomas' church
on Commonwealth.

You're gonna bring
the baby there.

- Bobby, I asked you here--

- This isn't legal advice, Ted.

It's a threat.

That little girl
has a name: Tia.

She was born,

and she'll have a funeral.

You take her either
to the police or St. Thomas'.

There's a side door.
You can drive up after dark.

You won't be seen.

I know for a fact
there's no security cameras.

I'm in the process
of raising money to get them.

You leave her there at 7:00.

I'll do the rest.
- Bobby.

- Otherwise, I report you, Ted.

Trust me on this.

I'm willing to lose my license.

♪ ♪

- You just counseled a client
to conceal evidence

in a homicide case.

[engine turning over]

- Look, Helen--
can I call you Helen?

I like to call counsel
by their first names

when I'm about
to disappoint them.

- Excuse me?

- The dying declaration
wobbles at best.

Add to that
a very viable duress claim.

- These are all trial court
decisions.

JUDGE: But she's right.

With our dockets so jammed up,

it would be irresponsible
to bind this over.

It's a waste of time,
money, and resources.

DAs are overworked
as it is, don't you think?

- Yes, we could
all use a day off.

JUDGE: Well, I'm kicking
this without prejudice,

so you can refile
if you get anything else.

- I even missed the massage.

- I'm taking my manslaughter
offer off the table.

- Gee.

REBECCA: It was all true.

He walked right up to the cop
and said, "Arrest me."

And then when the cop
repeated it--

- Hypothetical, right?

- Oh, right.

Um, I'm--I'm just
telling a story.

- As if I care.

I lost a murderer and a facial.

You think I could care
about your drug dealers?

- Alleged drug dealers.

LINDSAY: Anybody hear
from Bobby?

- I spoke with Lucy.

She said he and Eugene
were out all day.

- See, that's how you can
make it up to me.

Lend me Bobby for the night.

Ow.

- Can you believe
we're out here, sitting,

doing what we're doing?

7:00.

Maybe they went to the police.

- It was me, Eugene.

If this gets out--

anything on advice
to conceal--it's just me.

- And when they ask
why I was sitting here?

- You tell them the truth.

You're just making sure
I don't do anything more stupid.

I can't let her not
get a funeral.

- Looks like she'll get one.

[melancholy music]

♪ ♪

- Bless me, Father,
for I have sinned.

It has been three weeks
since my last confession.

MAN: How may I help you,
my son?

- There's a little girl.

Her name is Tia.

God has her now...

And so do you.