The Practice (1997–2004): Season 3, Episode 13 - Judge and Jury - full transcript

[horns honking]

[upbeat music]

♪ ♪

- I'll ask you
one more time to reconsider.

- I've given it a lot
of thought, Mark.

- I know this.

- And both you and Scott
vowed from the onset

it would be my decision.

- Which it still is.

But as DA, Scott's the one

who takes the heat
for all of this.



- I don't mind taking the heat.

- Can I give the speech
one more time

just to be sure
that I've made the point?

- If the point gets
any more etched in my brow,

I'm gonna need
to take time off to get Botox,

but, okay, go ahead.

- Aside from the
First Amendment issues,

to be prosecuting
a news magazine for murder--

- Accessory.
- You'll never win.

And even if you should,
the appeals

would go on through the SJC

all the way
to the Supreme Court.

- Great,
I'll get to meet Rehnquist.

Always had a crush.



- Helen,

it's the taxpayers' money.

Can we really justify
spending $10 million

to secure a conviction
that's gonna be struck down?

- My speech?
- Sure.

- As a result
of the actions

of that television producer,
a woman is dead.

It was a criminal act.

I only wish I could make a case
against the whole network.

- That kind of comment--

- It is still my decision,
right?

- Yes.

In part because you'd
crucify Scott Colby

in the press if he reneged.

- Well, whichever way
we get there, wish me luck.

- Wonderful.

[funky music]

♪ ♪

WOMAN: Call our toll free number
to order yours to--

[horse whinnying]

MAN: Erin, Megan,
you're both out to lunch.

WOMAN: Come on.

- There is speculation
that if the executive producer

of "Timeline" is found guilty,

a civil lawsuit
against ABC will follow.

MAN: Many think
the District Attorney

is prosecuting
the producer first,

hoping an accessory conviction
against him will bolster chances

of getting a murder conviction

against the doctor.

- You're actually doing this?

Prosecuting
a news producer for murder?

- Accessory.

- Accessory to murder.

- Which he's guilty of,
if he encouraged it.

- Well, this will certainly
give you your 15 minutes.

- You think that's
what this is about?

- No.

What is this about?

[sweeping classical music
playing]

♪ ♪

- I won't tell.

But if I were to tell,

what would I say you were doing?

- I'm taking some
ballroom dancing lessons.

My son has these dances,
so I want to teach him.

First, I have to learn how.

- I can ballroom dance.

I could teach
your son if you want.

I really wouldn't mind.

- Are you any good?

- Did you announce yourselves
as police officers

as you entered?

- Yes, we did.

We yelled, "Police, freeze."

The next thing, he was shooting.

- The defendant?
- Yes.

I was wounded in
both the shoulder and the leg.

- The warrant was
for the house next door.

- Yes.
- You made a mistake.

- Yes, but that doesn't mean--

- Thank you, Detective.
You answered the question.

Now, when you charged
into the wrong house,

almost instantly,
my client began shooting.

- Yes.

- Immediately.
- Yes.

- And your men returned fire.
- Yes.

- Wounding my client.
- Yes.

- He was shot three times.
- I believe so.

- You basically charged into
the home of an innocent person,

shot him three times...

- Objection.
- Sustained.

- That's all I have.

- We'll take a break until 1:00.

Mr. Donnell,

I'll see you
in chambers a minute.

For the record,

I won't allow any more arguments
in question form.

All lawyers love to do it.

You seem particularly
fond of it,

and I'm putting you
on notice right now

that I'll be cutting you off
in open court.

- I don't think
I've been any more argumentative

than the district attorney.

- Well, I think you have,

but I'll be shutting her down
too if we come to that.

- Is that--is that all?

- No.

Could you sit?

[clears throat]

This--this is a little awkward.

[clears throat]

I take pride
in adhering strictly

to ethical obligations.

And as gray as this is...

- What--what's going on?

- It has absolutely
no bearing on this case.

Well, I suppose the easiest way

for me to say it is

for me to just say it.

About six weeks ago,

I had what
I would consider to be

an extremely erotic dream...

and you were in it.

I won't go into the details

except to say that you were
quite well represented.

The problem is that
I shared this with Judge Hiller.

She and I are friends,
as you know.

- You told Judge Hiller?

- Oh, she's more
of a sport than you think.

We had a couple
of schoolgirl chuckles.

Anyway, as you also know,

if there's anyone more insistent
on ethical obligations than I,

it's Zoey.

She came here yesterday,
and she said,

given that
I had a sexual fantasy

involving one of the lawyers

on a case over
which I'm presiding,

I should perhaps recuse myself.

Now, I thought
the idea ridiculous,

and I said so.

But as she pointed out,

a judge has the duty to avoid

even the appearance
of impropriety.

Now, it has no influence
on this case,

but I felt that perhaps I should

bring it to your attention,

and if you feel
that I should recuse myself,

I will.

But I...

- If it has no bearing--

- It doesn't.

- And I think the trial's
going well for my client.

- Well,
it would definitely be unethical

for me to comment on that.

- If you don't think
it'll interfere

with your ability
to be impartial,

then...

I'm--

I'm okay.

- Fine.

That's all, then.

Bobby?

This, of course,
is extremely sensitive.

I'll say embarrassing.

If you would mind
not telling anybody.

[indistinct chatter]

- And you're sure
this is what you wish to do?

- Yes.

And God is sure.

- Is there anything else
you'd like to say, Mary?

The drug will take effect
almost immediately.

I have the tape running, so...

- I've said my good-byes.

I just want to die now.

MAN: Remember, there'll be
two different injections.

The second one will put you out.

- Okay.

There is one last thing.

MAN: Yes?

- Thank you.

[dramatic music]

♪ ♪

MAN:
And that was it.

Mary Burlington closed her eyes
and went from living to dead.

♪ ♪

HELEN: How long have you been
a producer on "Timeline"?

- Almost three years.

- And in your capacity
as producer,

did you have the occasion
to meet Dr. Ryan,

the physician
featured in the tape?

- Yes, He came in for a meeting
in November of 1998.

- Who was present
in the meeting?

- Myself, Dr. Ryan,

and John Matlin,
our executive producer.

HELEN: Could you describe
the context of the meeting?

- Well, Dr. Ryan
had just recently been acquitted

for the third time
for assisted suicides.

He was basically proposing
that he be the subject

of an in-depth interview,

a profile sort of thing.

- How did Mr. Matlin respond?

- It was negative.

He said the physician-assisted
suicide thing was a tired issue

and unless there was a new spin,
he wouldn't be interested.

He also felt that Dr. Ryan

was just trying
to promote his quest.

- So he said no.
- Yes.

But then, as Dr. Ryan
was about to leave,

John said, "You don't have
any of these assisted suicides

on videotape, do you?"

- What did Dr. Ryan say to that?
- He said no.

But I could see
his wheels spinning.

- Objection.
JUDGE: Sustained.

Jury will disregard
that statement.

HELEN: Miss Kramer,
could you describe the tone

of Mr. Matlin's question

to Dr. Ryan as
to whether there was a tape?

- In my opinion,
it was the equivalent

of a suggestion.

He was basically saying,

"If you have it on videotape,
we'd be interested."

- Objection.
JUDGE: Overruled.

- Do you think the defendant
encouraged the tape?

- Objection.
Leading.

- Overruled.
HELEN: I'll ask again.

Is it your impression
that Mr. Matlin

encouraged Dr. Ryan
to get it on tape?

- Yes, it was.

- He didn't say, "Go out
and get one on tape," did he?

- No, not in those words.

- And when he was referring
to videotape,

he was talking
in the past tense.

Is that right?
- Yes.

But as I said,
I felt an implied suggestion

that this doctor go out
and do something in the future.

ROBERTSON:
And that bothered you?

KRAMER: Yes.

- And after you heard
what you believed to be

Mr. Matlin encouraging Dr. Ryan

to go out and tape
an assisted suicide,

what did you do?

- What did I do?

- Yes.

Did you protest to Mr. Matlin?

Did you say anything
to anybody at that time?

- No.

- Well, I guess it didn't bother
you that much, eh, Miss Kramer?

- Objection.
JUDGE: Overruled.

ROBERTSON: After hearing
what you believed

to be somebody
encouraging a suicide,

you just sit tight.

Is that the honorable thing
to do?

- Objection.
- All right, Mr. Robertson.

- Isn't it true
that it was only

after the negative
public response

to this broadcast
that you seized the opportunity

to go after my client?

- That is not true.

- You like John Matlin,
Miss Kramer?

- We've had our differences.
- Ever try to get him fired?

HELEN: Objection.
JUDGE: Overruled.

- Did you ever try
to take his job, Miss Kramer?

- Our differences
were professional.

It has nothing to do with me
sitting in this chair today.

- No, of course not, because you
are an honorable person.

- Objection.

- This is just political,
isn't it?

Or should I direct that question
to the district attorney?

- Objection!
JUDGE: Sustained.

- And after Dr. Ryan
came back with the tape,

having committed
this terrible crime

that you think
your boss motivated,

did you resign?

- No.

ROBERTSON: You're still
with the company?

- Yes.

- Gee whiz.

Nothing further.

- You're calling the doctor?
- I have to.

- This case will be tough enough
without relying

on a hostile witness,
don't you think?

- I have to establish
that a crime was committed.

Otherwise,
I can't make accessory.

- But why should
the doctor help?

He goes on trial himself
next month.

- He doesn't care if he gets
convicted; he's a martyr.

- Helen, he's a hostile witness

who could destroy
your whole case.

- Let him try.

- What is with you?

- I heard that.

[elevator bell dings]

- Your Honor.
- Oh, great.

Six years I've been
riding this elevator.

I don't think I've ever
been on it with you.

Make one lousy confession.

- Well, it's--

- I do apologize.

- It wasn't something
you could avoid.

- Well, isn't that
a vain take on it.

- I didn't mean it that way.

I meant it was--
it was a dream.

Not something
you did consciously.

- It's just
it was so...

vivid.

[elevator bell dings]

- Well, I'll see you in there.

- Yes.

[gentle classical music]

♪ ♪

- That's it.

You should also
listen to the music.

It'll help.
- I'm listening.

- It should be noticeable
that you're listening.

- What's going on?
- Dancing lessons.

He wants to learn,
and I figure

it's a good way I can get
some extra time with him.

- That's it, Kendall.

Excellent.

- He did not tell me
to go videotape a death.

HELEN: Why'd you do it?
- Because I chose to, I--

- So it's just a big
coincidence.

The defendant says to you,
"Have you got one on tape,"

and suddenly you choose
to turn on a video recorder.

- Objection.

This is her witness.
- A hostile witness.

- Who nevertheless should be
allowed to finish his answers.

- I agree.

- You were seeking news
coverage, weren't you, Doctor?

- I don't deny that.

But it certainly played
no part in my decision

to participate
in euthanizing Mrs. Burlington.

And I take extreme offense
at your suggestion.

- The issue of euthanasia,

you feel strongly about this,
don't you, Doctor?

RYAN: Yes, I do.

HELEN: You're passionate
about this.

- Well--
- Do you do anything else?

Do you treat patients
as a physician

other than to help them die?

You're passionate about this.
- Yes.

- In fact,
a segment on "Timeline"

would be huge exposure for you
and this issue, wouldn't it?

- That's not why--

- The question is,
would a segment on "Timeline"

be great exposure,
yes or no?

- Of course.

- Do you think your passion
for this cause

could've possibly made
you slightly more inclined

to put Mrs. Burlington to death?

- Objection.
RYAN: No.

It was her decision,
Miss Gamble.

The tape clearly reflected that.

HELEN: Don't you think patients
are influenced by their doctors?

- I will tell you,
in this situation,

like every situation,

the patient was
of sound mind and free will

when she decided that she wanted
to end her suffering.

- She was of sound mind?
RYAN: Yes.

- You think suffering people
are of sound mind?

Ever known pain to compromise
a person's judgment, Doctor?

- That wasn't going on here.

- I heard her say on that tape

that God was sure
it was time for her to die.

What did she mean by that?
- Well--

- Did you even bother
to ask what she meant?

- Objection.
JUDGE: Overruled.

- Or did you have to run out
and kill somebody else that day?

ROBERTSON: Objection.
JUDGE: Miss Gamble.

HELEN: How long had you been
treating Mrs. Burlington?

- Not too long.
- More than a year?

- No.
- A month?

- A few weeks.
- A few weeks.

Can you say you truly
knew this woman?

- I knew and trusted
her decision.

HELEN: Doctor,
don't you think

you should at least
know the person

before you inject them
with a fatal drug?

ROBERTSON: Objection.
- Miss Gamble.

HELEN: If there was a cure
for Mrs. Burlington,

do you think
she would've wanted to die?

- Probably not.
But there was no cure. She was--

- How many doctors
did you talk to

before concluding
there was no cure?

- ALS has no--
- Did you call Johns Hopkins?

UCLA? The Mayo Clinic?

Did you do any research
as to whether a cure

or any experimental drugs

would be viable
within a week,

a month, two months?

- It's my understanding
there is no such cure or drug.

- It's your understanding,
Doctor.

Don't you think you should
make absolutely sure

before you kill her?

ROBERTSON: Objection.
This man is not on trial here.

- She wasn't even in the final
stages of ALS, was she?

She could still talk.

- She was suffering.

- Do you have any experience
with direct patient care?

- No, but--

- And you have no expertise

with pain management, do you?

You just kill people.

ROBERTSON: Objection.
JUDGE: Miss Gamble!

- That's why
you'll be prosecuted

next month for murder.

- Objection!
- Sustained!

Miss Gamble,
you're getting off track.

- Way off track.

You lost sight
of the track, Helen.

- I really appreciate
the support, Lindsay.

- Helen, I'm not here
to beat you up.

Whatever your feelings
for the doctor, this case

is about whether that news show
aided and abetted a murderer.

It's Matlin's
state of mind that counts.

Convincing the jury
that Dr. Jekyll in there is evil

won't buy a conviction
against Matlin in this trial.

And for you to be
losing sight of that...

this is about your grandmother,

about you hating doctors
for pulling the plug on her.

- I agreed to pull that plug.

- You didn't do anything.

You were 17.

This isn't something you should
be playing out in that room.

- The defendant
encouraged a murder.

- Then keep it
about the defendant.

BOBBY: It's irrelevant.

- That's for a jury to decide.
- It is not, Jean.

Relevancy is a bench call.
The jury--

- Then how about letting
the bench make the call?

I'll take it to bene.

If I think it's pertinent--

BOBBY: Your Honor,
whether or not

he had a valid gun permit,

it doesn't make any difference.

- Then why are you so concerned?

- Because she's putting it in

to make my client
look like a bad guy.

- I'm putting it in to show
your guy has a thing about guns.

- Oh, please.
- I'll admit it to bene.

If I think it's prejudicial,
I'll strike it later.

It's not a bell with much
of a ding, Counsel.

Let's go back in.

- It's irrelevant,
and you know it.

- I think I am going
to recuse myself.

I keep thinking about you.

You know what it probably is?

It's that stupid cologne
you're wearing.

My husband wore that.

We even buried him in it.

Maybe I'm having
a midlife crisis.

Anyway...

- Well, it'll probably
be a mistrial.

- Yes, I know.

I'm sorry.

- Well, what reason will you
give a mistrial at this point?

It'll be on the record.

- I don't know.

Maybe I'll say
I've taken ill.

Oh, what a mess.

You know what Zoey said to me?

She said, "Roberta, your heart

would never
go anywhere uninvited."

And then she said,

"Are you sure he doesn't have
a little crush on you?"

That's not the case, is it?

- Well--
- I don't mean to embarrass you.

What, is it--
is it so totally nuts,

you and an older woman?

- No, no.
It--

- You can be honest.

I'm recusing myself.

Have you ever fantasized
about an older woman?

- Jacqueline Bisset.
- Jacqueline Bisset.

Hmm.

And not me.

- Well, I mean,
you're the judge.

I--even if I--

I would never...with the judge.

It's probably the robe.

- Yeah.

Well, I'm sorry for...

being human.

We'll be getting
you another judge.

- Okay.

Thanks.

[horns honking]

- The idea that I solicited
that tape is beneath comment.

- And what exactly
did you say to Dr. Ryan?

- I asked him
if he had a videotape,

past tense.

I never directly
nor indirectly

suggested that
he go out and get one.

- Why'd you ask
if he had a tape?

MATLIN: I won't deny
it might have made a difference.

A man has a videotape
of an act of euthanasia,

that's news.

- So it would be fair
for Dr. Ryan

to leave your office
with the idea that a videotape,

that's news?

- Miss Gamble.

A convenience store is held up,

it doesn't get airtime,

but caught on camera,
it leads.

We're a voyeuristic nation.

Are you going to hold me
responsible for that?

- See, the difference is,
the prospect of news coverage

doesn't encourage
7-Eleven robbers;

they're after money.

Here, you offered Dr. Ryan
exactly what he was after.

- That is absolutely false.

HELEN: You knew this man
was on a mission

to legalize euthanasia,

and you sent him
out of your office with the idea

that some videotape
would make a difference.

- I did not say,
"Go out and kill somebody."

- How long before Dr. Ryan
returned with the tape

of Mrs. Burlington's death?

- I think about ten days.

- Ten days.

Let me ask you.

On average,
how long does it take to produce

a typical segment for broadcast,

and by, that I mean research,
writing, shooting, editing?

MATLIN: Pre- and postproduction
take about two months.

Research varies;
it can take about a year.

- When Dr. Ryan returned
to your office with the tape,

how much time elapsed
before it aired?

- This one was short.

- How much time between
the time you got the tape

and the time it aired?

- About a week.
- Do you recall when it aired?

- November.
- November.

Did you tell him
you needed it for sweeps?

[sweeping instrumental music
playing]

LUCY: Good.

Try to avoid my feet if you can.

Watch this, Eugene.

See what a quick study he is.

- Look, Dad.

I'm doing it.

- I can see.

- Um, not so close.
- I like this.

- Okay, Eugene,

why don't you dance with him
so I can see his posture?

- I don't want
to dance with him.

- It will just be for a second.

Kendall, you lead.

- You're terrible.

EUGENE: Let me get warm.

KENDALL: Terrible.

- We're dancing.

- [scoffs]

- Miss Ward,
please call your next witness.

- Your Honor, ex parte sidebar.

JUDGE: Quickly.

- What's going on?

- I thought about it all night,

and I really do feel
I can stay impartial.

In fact, I know I can.

And if you don't mind,

I'd like to spare myself
the embarrassment.

- Your Honor...

- Look.

If you have even
the slightest suspicion

that my work is being
affected by my hormones,

bring a motion for recusal.

I will take myself off.

Is that fair?

- I actually live right
across the street.

- From the defendant.
- Yes.

- And did you ever
see the defendant

and John Marks together?

- Well, sure.
They were neighbors.

- Friendly?
- Yes.

- Mr. Barton,
did you have knowledge

that Mr. Marks was in
the drug-trafficking business?

- Assuming facts
not in evidence.

JUDGE: Sustained.

The jury will
disregard the question.

JEAN: Do you
have reason to know

what Mr. Marks
does for a living?

- He deals drugs.

- How do you know this?
- He told me.

JEAN: And what else
did he tell you?

- Well, I asked him

if he was ever afraid
of getting busted,

and he said sometimes,

but he could always
hide his stuff

at Bob's house
if the police were ever--

- Objection! Hearsay.
Move to strike that.

- Declaration against interest,
Your Honor.

Exception to the hearsay rule.

- What declaration?

- Mr. Marks
said this in a context

while admitting
he was a drug dealer.

Now, that's either an admission,

or it's a declaration
against interest.

In either case--

- That statement is
so prejudicial and unreliable.

- I'm overruling the objection.

- Your Honor--
- The objection is overruled.

Sit down, Counsel.

- My mother wanted to die.

She was in pain.

She didn't want to be a burden.

She made the decision to die.

- Mr. Burlington, you've heard
the prosecution's suggestion

that your mother
may have died as a result

of this television broadcast.

- It's not only ridiculous;
it's offensive.

It trivializes her
and her decision,

and I find this whole trial
to be repugnant.

- By your own statement,
you said your mother

went back and forth on this,
didn't she?

- Yes,
but she was clear in the end.

- She was clear in the end,

but do you make room
for the possibility

that after she talked
to Dr. Ryan,

that first meeting,
she became more clear?

- I don't know.

HELEN: Well, did she have
any fear of being euthanized?

- She had concerns of pain.

Her biggest was,
what if it doesn't work

and she ends up comatose?

- So it would be fair to say
that he had some influence?

- Your Honor, I have to object.

Dr. Ryan is not on trial here.

- I'm establishing
that Mr. Matlin's

influence on the doctor

resulted in the doctor
influencing the patient.

- All right.

- She was more certain
of what she wanted to do

after talking to Dr. Ryan,
yes or no?

- Yes.

- Thank you.

- What do you mean
she hit on you?

- Well, she--

- While she's the judge
on your case?

- She was going
to recuse herself,

and then she thought
it would have no effect.

- Bobby.

- Well, I don't think
it'll have any effect.

- What exactly did she say?

- Listen, it's not important.

- I just want to know
exactly what she said.

- It started with
that she had some kind

of erotic dream about me,
and then--I don't know--

she couldn't stop
thinking about me.

- And she's still on this case?

- Lindsay--
- Does this just happen?

Women come up to you
and tell you

that you're in their dreams?

- Can you guys keep it down?

- She didn't have to tell me.

I mean, she wasn't
admitting any bias.

- Bobby, how can this woman
be the judge on your case?

- Lindsay, I keep talking
to you as a colleague,

and you keep coming back
at me as a girlfriend.

- Well, I--
I've got problems as a colleague

and a girlfriend,
I mean, how did that--

- Oh, I'm sorry I brought it up.
Just forget about it all right?

Just forget about it.
- Hey, can you shut up?

I'm trying to do a closing!
Go scream somewhere else!

The hell is wrong with you?

[door slams]
- Is she okay?

- No.

- [groans]

- Am I from another planet?

The news, the press,
they say I'm nuts to prosecute.

My own boss.

What am I missing?

Wasn't this the equivalent
of a hired hit?

- A hired hit?

Helen, you don't really
believe the defendant

wanted somebody
to get killed, do you?

- What did he think he would do,
Lindsay?

He was reckless.

He knew this wacko doctor

would do anything
to get on the news.

- So maybe they were stupid

or negligent.

But an accessory to murder?

- These people don't know
their influence, Lindsay.

Not the news producers,
not the doctors.

They don't realize.

Maybe if some DA had the guts

to go after one
of these doctors, then maybe--

- Maybe what?

The doctor who upped
your grandmother's morphine drip

would've thought twice?

- Old people,
they're impressionable,

especially when they're sick

and when they hurt,

and when a doctor says,

"Hey, it's okay to die"...

- Helen, at some point,
you have to let go of this.

- She looked at me.

She said, "It's right;
it's time to leave,"

but there was something
in her eyes.

Something said,
"Tell me otherwise."

- You were a teenager.

Your mother, your father,
your aunts and uncles,

there were a lot
of people she talked to.

- But I'm the only one
who really knew that...

she didn't want
to be a burden.

She thought it was
her duty to die,

and these doctors,

they make it okay to die.

And then...

old people somehow begin
to think it's their duty.

- Whether that's true or not,

that isn't this case.

You've got to go
in there tomorrow

and do a closing on this case.

It isn't about your grandmother,
and it isn't about that doctor.

Helen, you're prosecuting
a news magazine for murder.

Do you get that?

- I never offered to hide
his drugs for him.

That's just a flat-out
fabrication.

BOBBY: Mr. Harmon, the question
on everybody's minds:

why did you
start shooting that night?

- First, I didn't know
they were police officers.

I just heard noise.

As soon as the door came open,

I saw a gun.

I grabbed for mine.

- And opened fire.

- Living next door
to Mark's,

I did know
how he made his money.

I knew the kind of people
that came calling over there.

It made me nervous.
I have a family.

And when I heard yelling
and doors being kicked down,

I thought,
"Oh, God, what's happening?"

And as I said,
as soon as I saw the gun,

I just...

better them than me.

- You have a permit for the gun?

- No, I would never be able
to get one to carry.

And in that neighborhood,
I wanted to carry.

- And when you saw
the police uniforms, what?

You thought they looked fake?

HARMON: I started shooting
before I saw uniforms.

I was afraid.

- You ever have occasion

to shoot somebody else before,
Mr. Harmon?

- Objection.

JEAN: Did you shoot
at a man walking his dog?

- Objection!
JEAN: Pattern.

BOBBY: Prior bad acts.
JEAN: Pattern!

- Counsel!

Approach.

- Two years ago,
he shot at a man

he claimed he thought
was a prowler.

- Oh, come on.
That's completely inadmissible.

- This man shoots first,
claims fear later--

- I'm not going
to allow it, Counsel.

- Your Honor, I'd ask
that you declare a mistrial.

There's no point--
- You're not gonna get that.

- The jury heard that.

JUDGE: And I will give them
an instruction,

but we're not calling
any mistrial.

- It's a legitimate
cause for a mistrial,

Your Honor.

- I've made my ruling.

- Timothy McVeigh
made the covers

of "TIME" and "Newsweek"
seven times.

Jeffrey Dahmer,
that serial killer

that ate his victims,
he made it too.

Did they commit
their crimes for fame?

Well, I seriously doubt it,

but there are a lot
of sick people out there

looking to be noticed,

hoping to matter.

Well, what about that guy
that says to himself,

"Timothy McVeigh got famous;
so can I"?

Should we hold "TIME"
and "Newsweek"

liable for his crimes?

The gang member in LA,

he's sure to be in front
of the television at 11:00

to see if he made the news.

Everybody wants their 15 minutes
being on TV.

It's almost as good as a reward.

Should we start holding
the news companies liable

for the gang member's crime?

I suppose we could.

The whole point with terrorism
is to make a statement.

Without the news,
there's no effect.

Surely, if we outlawed
the coverage

of terrorist attacks,
terrorism would go down.

Well, why don't we, then?

And why stop there?

We could kill all the stories

that lead to copycat crimes.

The Pentagon, I'm sure

that they would jump
at the chance

to squash certain reports

in the interest
of national security.

You want to go down that road?

Because you can.

We can start legislating
the news business

like any other.

Decide what you should hear

and what you shouldn't.

You want to go down that road?

Clearly, the prosecution does.

- If a network news executive
said to a terrorist,

"Get one on tape
and we'll lead with it,"

we would absolutely
prosecute the executive.

Trust me.

Dr. Ryan left
John Matlin's office

with a message:

videotape one,
you get your profile.

That's encouragement.

By their own admission,

they knew this doctor was on
a quest to promote euthanasia.

This doctor's a zealot,
willing to be arrested,

willing to spend
his entire life in jail,

anything for the cause.

And what do they do?

They hold out a carrot for him
to commit the crime again.

Incentive equals encouragement.

Would Dr. Ryan
have killed her anyway?

Maybe. Maybe not.

It doesn't matter.

As the judge will instruct you,

we don't have to prove

but for the defendant's actions,
there would have been no crime.

All we have to show
is that it was possible

that this encouragement
could've been effective.

And of course it could've.

And this doctor certainly got
what he wanted, didn't he?

Mary Burlington is dead,

and Dr. Ryan got on for sweeps.

Freedom of the press
is not absolute,

ladies and gentlemen.

And freedom of speech

doesn't give you the right
to facilitate a murder.

And believe it or not,

winning your time slot
doesn't get you off.

We all sit back and say,

"Look what journalism
has become."

You have two choices.

Go back to that room

and continue to sit back,

or don't.

- Aggravated assault?

- There's no way
we can't jump at it.

Those were police officers.

- But--but I panicked.
- Robert, you shot a detective.

Add to that the statement
that you hide the guy's stash--

- I never.
- But it's in evidence.

And the jury heard about you
shooting the dog walker.

Listen,

I've been
doing this a long time.

We should take
the aggravated assault.

The only reason
it's being offered

is because the DA is convinced
she'll never beat us,

but she's wrong.

She'll win this.

- Are you sure?

- Positive.

- Okay.

- You didn't tell him?

- No. Should I?
I don't think.

None of her rulings
were clearly in error.

- But they all went against you.
- Not all.

She shut down
the dog walker incident.

She didn't let it come
into evidence.

- Yeah, but like you said,
the jury heard it.

And she wouldn't give you
the mistrial.

- Oh, what judge
would call a mistrial

at this point in the trial?

- So you've got nothing concrete

that she's doing
anything wrong, well,

aside from hitting on you?

- Right.

- But you can't be sure.
- Right.

- This is what you get
by not getting her recused

when this first happened--

- I didn't want to embarrass
her; she's a good judge.

- If this were me
and a male judge--

- With a grain of salt.

- Lovers' spat?

- Sort of.
How's it going?

- There's a verdict.
Jury's back in ten.

- You said you'd teach him.
- I know.

But it's just getting--

- But what?
He's loving it.

- That's the problem, Eugene.

He's liking it
a little too much.

- What are you talking about?

- He kind of got excited.

- Well, what do you mean,
excited?

- He grabbed my butt a little.

- He's barely 11.

- Well, he's a man.

[knock at door]

- I heard you're
entering a plea.

- Did I have a choice?

- Is there accusation
in that tone?

- The statement
from the neighbor was hearsay.

It shouldn't have come in,
nor should the prior bad act.

- You made those objections.

They're on the record,
which means you can appeal them.

- Little tough after we plea.

- Don't enter one, then.

Problem is, you know my rulings
will hold up on appeal.

- I know they might.

They're close.

You could've gone either way.

- And what?

You expected me to go your way
because I like your glutes?

- I didn't expect you
to retaliate

for my not liking yours.

- I can take rejection
as a woman, Bobby,

but I don't much care

for being criticized as a judge.

- You erred as a judge
by asking me out.

- Which I freely admit,
but my rulings

were legally accurate

and completely independent
of any personal feelings.

- I can never know that, can I?

- Make your appeal, then.

- I never will know.

That's a criticism,

Judge.

[dramatic music]

♪ ♪

- Has the jury
reached a verdict?

- We have.

JUDGE: Will the defendant
please stand?

What say you?

- In the matter
of Commonwealth vs. John Matlin,

on the count of aiding
and abetting a homicide,

we find the defendant
John Matlin

guilty.

[crowd gasps]

[indistinct chatter]

[gavel banging]

JUDGE: Order.

Order!

- Your Honor.

Your Honor, the defense

asks that the judge
set this verdict aside.

- Denied.

Bailiff,
take the defendant into custody.

The jury is dismissed,
with the thanks of the Court.

We're adjourned.

[gavel bangs]

- Helen?

- Well, they think about
two weeks for the Boucher trial.

No, manslaughter.

Well, it's pretty
straight ahead,

but there's a lot on forensics,

so who knows?

Yeah.

No, that'd be all right.

We'll put it on the calendar,
then.

Really?

No. I don't think so.

Okay, yeah.

Bye-bye.