The Practice (1997–2004): Season 3, Episode 17 - Target Practice - full transcript

- Previously on "The Practice"--

- What's going on?
- Uh, dancing lessons.

He wants to learn,
and I figured it's a good way

I can get some extra time
with him.

You said you'd teach him.
- I know, but it's just get--

- But what?
He's loving it.

- He kind of got...excited.

- He's barely 11.

- Man, that Lucy is hot.

- Kendall, she's a lot
older than you.

- Think she likes me.



- This law firm
doesn't advertise.

- Lots of lawyers
do commercials.

- Yeah, the shysters.

- Think nobody
will fight for you?

You're just a grunt?
I'm a grunt.

Just dial a number, 555-GRNT,

and ask for Jimmy.

I'll get your money.

- Well, I think this
advertisement makes the point.

Jimmy the grunt is a lawyer

who will push forward
with anything,

and he continues to do so today

by prosecuting a claim
he knows he can't make.

- You don't know what I can
or can't make.



- Jimmy,
can I get you anything else?

Ginger ale's supposed
to be good.

[Jimmy retching]

He's puking.

- Jimmy?

- Out in a second.

- Bobby, he can't go
into trial sick.

- Oh, that just means
he's ready.

It happens to him
on the big cases.

He puked before
the power lines case.

He puked before going up
against Tommy Silva.

Those were his best trials.
- The gun case?

- Mm-hmm.
- We should all be nauseous.

We're going into a case
we can't win.

[toilet flushes, water runs]
- Can too.

- What's going on?
- Jimmy's puking.

How are we doing on Robertson?

- Pushed--they bought time
for the pretrial.

- My bag packed?
- All set.

- I think you should take
one last shot at a continuance.

- We'll never get a continuance.
This'll never go--

- You might, Jimmy.
It's worth a try.

There's talk
that the manufacturers

aren't coming
clean discovery-wise.

- You're not gonna get

a last-second continuance,
Ellenor.

- Look, the defense
is in no hurry.

They may want to delay it.

- The defense
is thrilled to go now.

We don't have a case.
- Will you stop saying that?

- Earth to Jimmy--causation.

- This is the time
to be trying this case.

The gun industry
is ripe to get smacked.

Timing's everything, and I--

[gagging]

[retching]

- [sighs]
He's really ready.

- [scoffs/laughs]

[dynamic music]

♪ ♪

[background chatter]

- We haven't even
gone over my testimony.

- I don't want to go over it.

I don't want it
sounding rehearsed.

You just tell your story.

- And then me?

- You I'm holding back for now.

Let's go.

[phone rings]

- Donnell, Young, Dole,
& Frutt--yeah, one second.

It's your ex-wife.
Sounds pretty upset.

- Sharon?

What?

Where is he?

O-okay, I'll meet you
down there.

- What's wrong?

[door slams]

[telephones ringing]

[background chatter]

- Dad!

- How did they get
in your locker?

- I don't know.
I swear to God.

- The principal says he got
a phone tip from a parent,

something about you dealing.
Do you know anything about that?

- I wasn't dealing.
That's a lie.

- Were they your drugs?

- No.

Come on, Dad!
- Then why were they

in your locker?

- I don't know.
- How many times are you

gonna make him
answer that question?

- You see me talking to my son?

- I just want to go home.

- Well, they're getting
the papers ready,

but you need to think.

It was your locker.

- I don't know.
Maybe I was set up.

- Set up? By who?
- I don't know.

Kids, police--
like they did Ellenor.

I swear to God
those drugs weren't mine.

- We were out having dinner,
celebrating.

Lisa had just been
accepted to Emerson.

- What happened?

- All of a sudden,
there was screaming.

We looked around,
and there were three men

standing there waving guns.

It seemed like a hold-up
of some sort.

There was one guy
just shooting everywhere,

and there was yelling,

and we went to the floor,

and then they were gone.

It all happened so fast.

And as I climbed up,
I looked to Lisa,

and...she wasn't moving.

She was just laying there.

And...I knew she had been hit.

And I went to try
and shake her awake,

and, um...and she...

she wouldn't wake.

S-she was dead.

- First, let me say
how sorry I am

for your loss, Mrs. Kimbro.

- Yes.
- Mrs. Kimbro,

you're not alleging
any design defect in the guns

Pearson Herron manufactures.

- I think any time

a gun is designed
as an assault weapon,

there's some kind
of defect somewhere.

- Yes, but this isn't about
a safety feature or a product.

- No, it's about you putting
these things

into the hands of killers.

- Move to strike.
- Sustained.

Just answer
the questions he asks, ma'am.

- Do you know of any technology
employed by--

- Objection.
This isn't about technology.

This--
- Can I ask my questions?

- You can ask questions that are
relevant to the cause of action.

- All right,
the objection is sustained.

The issue here concerns
advertising and marketing,

Mr. Lawrence, and only that.

- Mrs. Kimbro,
do you have any knowledge

that the person who shot
and killed your daughter

read any advertising
relating to my client's guns?

- I have no specific
knowledge, no.

- In fact, you don't even
know how Mr. Brown

got this gun, do you?

- No, I do not.

- Thank you, Mrs. Kimbro.

That's all.

[courtroom murmuring]

- I think it went good.
You think?

- Yes, but that's the easy part.

Now we've got
to prove liability.

I also think we should take
a quick shot at settling this.

- Clients don't want to settle.
They said--

- They're saying that

because they think
we have a chance of winning.

- Which we do.
- Jimmy,

we do not want to go
to verdict on this.

- Hi!

- Hi. Ready?
- All set.

- Listen, we talked before about
your demeanor staying neutral.

- Yes.
- Forget it.

We want you to come on strong.
- Really?

- I think we should lead
with outrage.

Emotion's our strength here.

We can't back off it.
Can you come on strong?

- Are you kidding?
- Don't overdo it, just--

- Strong.

- Go on in.
We'll meet you.

- Okay.

- I don't disagree with him
coming on strong, Lindsay,

but since I'm first chair,
let's run it by me first.

- He's gonna take the stand
in, like, five minutes.

There's not
that much time to dis--

- Well, make the time.

- The principal found drugs
in his locker.

He was booked on possession
with intent.

Says he doesn't know
how it ended up there.

- You believe him?
- I got to, don't I?

- Okay, let me talk
to the principal.

Maybe we can suppress
the search or--

- Look, he's an 11-year-old kid.

What the hell is he--
This ain't my kid, Bobby.

Now, I know he wouldn't
do this kind of--

Maybe...maybe we can
steer this to Helen.

- Eugene, I'm doing this.

- Look, no, I can handle this.
This is my prob--

- I said I'm doing it.
We'll take Ellenor with us too.

- Okay.

- Look at me.

If I have to go
into the favor bank,

I will.

We'll take care of this.

- Thank you.

[somber music]

♪ ♪

- How long have you worked
for the Boston Firearm Project?

- 4 1/2 years.
- And before that?

- I was a detective with
the Boston Police Department.

- You're familiar, sir,
with the gun used

in the shooting death
of Lisa Kimbro?

- I am.

- Could you describe it?

- It's a semiautomatic assault
weapon known as the TAC-10.

- Pretty serious thing?

- It's a military weapon.

- Did you say,
"commercially available"?

People can buy these.
- Oh, yes.

- In your experience as a member
of the Boston Firearm Project

and as a member
of the Boston police force,

does it surprise you

that this weapon would be sold
to a man like Ray Brown,

a person with a felony record?

- In my experience, this man
represents their market.

- Objection.
There's no foundation for that,

and this witness knows it.

- You want to tell me
what I know, Counselor?

- All right,
the objection is overruled.

- That's a pretty strong
statement, Mr. Marshall.

- This thing
isn't for self-defense.

It isn't to shoot skeet.

It isn't to hunt.

Its design is to spray fire,

which means that you
sweep it from side to side.

It goes against the way
most people shoot

in a self-defense situation.

This is an offensive weapon.

- Ever heard of survivalists,
Mr. Marshall?

- Yes, but survivalists are--
- Might a survivalist

buy this type of gun?

- He might,
but survivalists usually--

- Ever hear the term "plinking,"
Mr. Marshall?

- Oh, please, you're not gonna
tell me that this--

- Ever hear
the term "Plinking," sir?

- Yes.

- What is it?

- Shooting at cans and bottles.

- It's a recreational use
for the TAC-10, isn't it?

- The TAC-10 is designed
to kill people,

not to plink water bottles.
- Objection.

Move to strike.
- Sustained.

- There are uses
for this gun

other than holding up
a convenience store,

aren't there, Mr. Marshall?

- This gun is designed to kill.

It's sold to people...
- Objection. Move to strike.

- Who want to kill.
- Move to strike.

- All right.

- Is it your testimony
before this court

that only criminals
buy this weapon?

Is that your testimony?

- No.
- Thank you.

And do you think
a law-abiding citizen

should be allowed
to purchase this weapon?

- No, I don't.

- Thank you, sir.

I think we all know exactly
where you stand.

[courtroom murmuring]

[school bell rings]
- They were in here.

Seven bags of marijuana.

Frankly, it surprised me,
Mr. Young.

Kendall isn't one of
our problem students.

- The incident report says

that you received
a phone tip from a parent,

but it doesn't say
who the parent was.

- District policy is to keep

that kind of information
confidential.

- What kind
of Gestapo policy is that?

- I start naming names,

and it discourages people
from coming forward.

I've confiscated
two guns this year.

Nobody wants to be a target.

- I understand your concern,
but my son says he was set up,

and you relied on a phone tip.

Now, how do you know the person
on the other line was a parent?

- I recognized the name,

and I recognize a parent
when I hear one.

- We have to know
who the accuser is,

otherwise--
- I'm sorry.

I cannot--
- Ms. Richwood,

you know we can subpoena
this information.

Let's just save some time.

- [sighs]

- They're in the business
of supplying criminals.

- The defendant?
- The defendant,

as well as many other
major gun manufacturers.

- But, Mr. Hedberg,
a person

can't just walk into a store
and buy a gun.

There are background checks,
waiting periods.

- Yes, that all sounds good,

but our studies have found
that straw buyers

go into these dealerships,
buy the guns,

and immediately put them
into a black market.

That's where the gangs
get ahold of them,

as well as other people

who can't legally
buy them on their own.

- But wouldn't that
be the dealer's fault?

How do you blame
the manufacturers?

- I blame them because they turn
a blind eye to it.

They know where
these guns are headed.

That, to me,
makes them complicit.

- You have no direct evidence

that my client's company
knows what the dealerships do.

- How could they not know?
These guns are used--

- It's a guess on your part,
right, Mr. Hedberg?

You have no specific information
as to what my client knows.

This is your opinion.

- The fact is that one buyer
with a clean record

can walk into a store and buy
a hundred assault weapons.

My opinion is that he doesn't
want all these guns for himself.

My guess is that the dealers
and the manufacturers

take the money and wink.

- You work for an anti-gun
research foundation,

don't you, sir?
- Yes.

- And you have no actual
knowledge

as to my client's marketing
strategies, do you, sir?

- No actual knowledge.

They do an excellent job
of keeping that secret.

- Lucky we have you to just
fill in the blanks.

- Objection.
- Sustained.

- These opinions you have...

do you try to pass them off
as data in your studies?

- All of our conclusions
are suggested quite persuasively

by the data, Mr. Lawrence.

- And as you work
for an anti-gun project,

is it just possible

that the conclusions came
before the data?

- No.
- No?

Now there's a truthful response.

- Objection.
- Sustained.

- He hung tough.

I think he did damage.
- I think so too.

- A case like this
represents the perversity

of a legal system gone amok.

Here we have a cause
coupled with an attorney

of questionable character,
such as Mr. Berluti...

- What the--
- Jimmy.

- Who conspires to go out

and seek out a victim,

any victim he can
saddle up and ride

in this liberal
jurisdiction of Massachus--

- You're a jackass,
you know that?

Go shoot somebody and smile!
- We just heard from

the ambulance-chasing sector
of the profession--

- The ambulance is filled
with gunshot victims.

- Jimmy, come on!
- This is an attorney

who advertised on television,

billing himself
as "Jimmy the grunt."

This is a man who capitalizes
on people's personal pain

on a--on a contingency.

- Mrs. Baker, I'm Eugene Young.

This is Bobby Donnell.

I'm Kendall Young's father.

We're both attorneys-at-law.

- What do you want?

- We just have
a couple of questions.

It'll only take a minute.

- Come in.

Michael, take Kevin and go
to your room, please.

Now.

I know what this is about.

- So you made the call?

- Yes.

- My son says he was set up.

- Is that what
you told him to say?

- Excuse me?
- I'm sorry, Mrs. Baker,

but somehow we've gotten off
on the wrong foot.

All we're trying
to ascertain here

is why you made the call.

- Kendall's dealing drugs.

He tried to get
Michael to do the same.

- I don't believe that.
- Believe it.

- Do you know my son?

If you knew my son, you'd know
that's just not possible.

- Do you like my clock?

It has a tiny camera in it,
a nanny cam.

I figure with
what you hear in the news,

you can't be too careful.

Two nights ago, I come home

and I find this on the machine.

- We could make some money.
- When are you gonna get it?

- I'll meet him at 4:30.
He's gonna give me eight bags.

- You heard Brian Armstrong
got committed to DYS?

- He's 14.
We're 11.

Juvie--big difference,

especially if we deal
more than 1,000 feet

away from a school.
The park's better.

We only need to be
100 feet away.

- What if I get busted?

- My dad says
if you get caught,

never admit to anything,
even to your lawyer,

because they'll be stuck
with whatever you tell 'em.

[click]

[somber music]

♪ ♪

- 135?

- No admission of liability.

I think we can push them to 150.

- But they don't even
admit to blame.

- No, but the fact
they're paying money--

people can infer blame.

- We think we should accept.

The kid who
shot your daughter--

we got no evidence
as to how he got the gun,

whether there was any connection
to how it was marketed.

- I'm sorry.

Mr. Berluti,
when you agreed to represent us,

you stressed
that this was about money.

And I know that your contingency
is hanging on--

What we really want
is a verdict.

- I don't think you'll get it.

- Look, I-I...I know
this seems very selfish of us,

but we can't settle out
on Lisa's death.

I mean--

- What...we want to try to do

is affect the way
they do their business.

150 isn't even a pinch to them.

- We're not gonna affect the way
these people do business,

Mrs. Kimbro.

- We don't have any money now,

but I am willing
to pay you by the hour

so that you don't lose out.

- That's not an issue.

If you want to keep going,

then we'll keep going.

- Thank you.

- They can search you
without a warrant?

- Don't worry about "they."

"They" are the least
of your concerns right now.

Worry about me.

Now, why are you selling drugs?

Answer me!
- Eugene.

- He's dealing.

I can't believe
you'd be so stu--

- If you would stop
yelling at him--

- And you stop protecting him.
- I'm not protecting him.

I want to hear
what the boy has to say.

- I'm sorry, but--

- But what?

- It's just marijuana.
It's like selling beer.

- Oh, that's a good response.

Aren't you glad you heard that?

- Kendall, do you smoke pot
and drink beer?

- No. I just thought
I could make some money.

I don't do that stuff.
I swear.

- Like you swore
those drugs weren't yours?

- Technically,
they weren't mine.

I got 'em on consignment.
- What?

How do you know
a word like that,

and who gave 'em to you?

Boy,

who gave you the drugs?

[dramatic music]

- He goes by Robby G.

I don't know his full name.

- Robby G?

- You know him?
- I don't know, maybe.

- Either you do or you don't.

- He might work for a client
of mine.

I'm not sure.

- That's nice.

Father and son--

both work for the same guy.

- I always make this mistake.

I buy a new pair of shoes
for trial.

They're not broken in,
and I get a blister.

- Try mine.

You're still
chasing the ghost of

"Jimmy the grunt," aren't you?

- You tried to stop me
from making that commercial.

I remember.
Serves me right.

- Jimmy, you've come a long way
from "Jimmy the grunt."

Look, we even
have an offer here,

which is a miracle.

- How come
with the tobacco company

you were like Don Quixote,
but here...

- We had a much better case
against the tobacco company,

and you know
how people love guns.

- But don't you agree

that these companies
are supplying criminals?

- Yes.

But...

- But what?

- Working late here with
the crazy loons we represent...

I don't want gang members
getting hold of guns like these.

I don't.

But I'm glad I got mine.

Ready?

- I think.

- The key is not to try
to pin him.

He testifies
in all their trials.

He's like a professional
witness now.

- But I got to go hard, don't I?

- For him,
I'd keep it under control,

plus don't press for answers.

Do your damage with the
questions and then cut him off.

You have to cut off
the responses--he's persuasive.

Stick to "yes" and "no"
as much as you can.

- Okay.

- Oh, you have some ink
on your face.

- It seems they can search
the locker.

- Without a warrant?

- Comes down to
reasonable suspicion.

- Which they didn't
necessarily have--

the informant
has to be reliable.

- The tip didn't come
from a snitch, Rebecca.

It came from some kid's parent.

- But there's no evidence
the principal knew the parent,

which means she has no basis
to determine his reliability.

Also, on the tape,
Kendall said that it was bad

to have drugs near the schools.

That would go against
suspicion of a locker.

- The tape isn't relevant
to probable cause.

The principal didn't even
know about the tape

when she okayed the search.

She was just acting
on what the parent said.

- And she didn't know
the parents.

- Which means they wobble
on reliability.

I think Rebecca's right.
We could shut this down.

- All right,
the D.A. is Steve Bennett.

Helen agreed to talk to him.
I'm on my way to see her.

- I'm coming with you.
- No, you're not.

I'll have a better chance
without you there.

- The idea that we market
to criminals is an absolute lie.

- Your ads do show young men
with guns.

- As do ads for trucks.

We shoot for
a rugged demographic.

To say that means "criminal"

is irresponsible
if not repugnant.

- Okay, but Mr. Hyde,

you don't deny sometimes
your company's products

fall into the hands of people

who use them
for criminal purposes?

- Look, we comply with

every federal and state
safety regulation--

every distribution regulation.

What more can we do?

This is the equivalent

of holding
Ford Motor Company liable

because somebody
buys one of their Broncos

and runs over people.

- I guess their argument
would be it's more foreseeable

that a gun would end up
in the wrong hands

than a Bronco.

- And I don't dispute that,

but nor can we control the chain
of custody of our product

after we sell it.

A lot of these guns
used in crimes are stolen.

- You're familiar
with recent studies showing

that almost half the handguns
used in crimes

are legally bought
from licensed dealers?

- Oh, I'm aware of the studies.

I don't agree with the data.

- But you're aware
that these studies show

these guns are bought
by straw purchasers

for people
who can't legally buy them?

- Objection. He's trying
to introduce studies

and research as evidence.

- Sustained.
The jury will disregard it.

Mr. Berluti, that's enough.

- This your ad for the TAC-10?

- Yes.
One of the elements--

- There's no question
before you, sir.

Is it your testimony
that you do not

try to advertise to people

who might use your guns
for criminal purposes?

- That is my testimony.

- Referring to an advertisement

running in this month's
"Soldier of Fortune" magazine

talking about the TAC-10,
does it represent the weapon

to have excellent resistance
to fingerprints?

- There's a context to the--

- It's a yes-or-no
question, sir.

Does the advertisement
represent the weapon

to have excellent resistance
to fingerprints?

- Yes, but there--
- Thank you.

You testified
that you follow all state

and federal regulations

with respect to distribution,
did you not?

- Yes.

- Again,
this is a yes-or-no question.

Does your company ever
sell gun kits through the mail?

- Yes, but--
- You've answered the question.

Sir, my understanding
of a gun kit--

it's not
considered legally a gun

since it doesn't
include a receiver.

Would my understanding
be correct?

- Yes.

- And since
it's not legally a gun,

no background checks
are necessary.

A convicted felon could order
these kits through the mail.

Would that be true?
- Yes.

- Do you also advertise
something called a frame flat

which can be bent
into a receiver?

- The context of that--
- It's a yes-or-no question.

- Your Honor, I object.
- Overruled.

- He should be allowed
to finish his answers.

- He's being asked
yes-or-no questions.

The objection is overruled.

- Your company
advertises these frame flats.

True or not true?
- True.

- You also supply your customers
with an 800 telephone number

they can call for assistance

in how to make a frame flat
into a receiver?

- We have an 800 number
that offers general assistance.

- Assistance including
how to turn a frame flat

into a receiver?

- Yes.
- If I were a convicted felon

and I wanted a gun,
to avoid a background check,

I could order
one of your gun kits,

order a frame flat,
call you up,

and you'd help me
make the receiver.

- There are a lot
of law-abiding people,

Mr. Berluti,

who enjoy making their own guns.

- Sure.

Okay.

- Why do you advertise

that the gun has
a resistance to fingerprints?

- Well,
it refers to the moisture

and oils on the hand,

a moisture that can
corrode the metal.

We're talking about a finish

that goes to the gun's
wear and tear.

It has nothing to do

with avoiding
police fingerprint detection.

- Thank you.

- Your ad doesn't read,

"resistance to moisture
which causes corrosion."

It reads, "resistance
to fingerprints," right?

- Yes.

- He's willing to continue
without a finding--

one year probation.

But if you move
for a suppression hearing,

then he's gonna recommend
a delinquent finding.

- Oh, come on.

- Bobby, they can make intent
with this kid.

They're offering probation.

- All I'm asking is
that they don't pull the offer

if we challenge the search.

- It's policy.
I--

- It's Eugene's son.

- I understand, but Bobby,

if we ever did that
for you or Eugene--

Come on,
you know how this goes.

Why are you even blinking?

Just take the no finding
and probation and be thankful.

- [clears throat]

I'm here to see Eugene.

- And you would be?

- Charles Best.

Eugene paged me.

Hey, Eugene.
What's up?

- Thanks.

You still got Robby G
running for you?

- Why?

Is he in trouble again?

- I just need to know.

You can tell me.
I'm your lawyer.

- Yeah, he's still
on the payroll.

Now, are you
gonna tell me what's--

- Robby G hooked up with my son.

You in the school business,
Charlie?

- Come on, let me go.
- As of right now,

you're out of the school
business, you hear me?

- Eugene?
- I need a second.

If I get the slightest whiff

you're anywhere near
a school, privilege or no,

I'm going straight to the cops
with everything I got on you.

Now, get out!

- 375?

- It's better
than we ever hoped.

- Susan, Doug, I know...

I know how much
you want that public verdict,

but you have to remember,
in the beginning,

our goal was to do well enough
to force an offer.

We're here.
We got a great offer.

You're in debt.
You can use this money.

Trust me. I'm not thinking
about our contingency here.

I'm thinking of you.

- And I don't doubt that,
Lindsay,

but we keep thinking of Lisa.

- Tell you what--we still
have closing arguments.

I don't think
the offer's going anywhere.

We'll see where we are
after summations.

- Okay.
Okay.

Sorry to be doing this to you.

- This is your case,
Mr. Kimbro, not ours.

- Yeah.

- Jimmy, I hate
to put pressure on you,

but your closing has to be great
if for no other reason

than to keep that offer
on the table.

- Thanks, Lindsay.

- We can't risk it, Eugene.

- Probation
puts him in the system.

That means
he's reporting to caseworkers.

- Yes, for a year,

but if we challenge PC and lose,
he's branded a delinquent.

That stays on his record
for life.

Every time
he applies for a job--

- I can win at probable cause.

I checked the case log.

- Eugene--
- I can win it, Bobby.

I don't want my kid
put into the system

when I know I can beat it.

- Eugene, we have a client
here found with enough marijuana

to warrant an intent
to distribute conviction.

We've been offered probation.

It would be malpractice of us
to turn it down.

Let us help him as his lawyers.

You help him as his father.

[somber music]

♪ ♪

JUDGE: Mr. Berluti,
we'll hear from you.

- Something like 10%

of all high school kids
have been shot at.

There are more
licensed gun dealers

in this country
than gas stations.

Guns are all over.

Hey, Second Amendment.

Red, white, and blue.
Free country.

Truth be told,
I've thought of getting one.

Protect myself in my home--
my right.

But this...

this isn't
a self-defense gun.

It's a spray-fire
assault weapon.

Who do they make these for--

hunters, collectors,
skeet shooters?

They know
who's buying these things,

just like we all do,

and even if they claim not
to know about the black market

those guns go almost directly
into when they leave the shops,

they can't deny knowing
about all of these studies

that say
this is what's happening.

Who are we kidding?

They sell gun kits to beat
the background checks.

They advertise resistance
to fingerprints, claiming,

"Oh, it's a moisture
corrosion issue."

Do you really believe that?

Do they really expect you to?

Guns don't kill.
People do.

That's a nice jingle.

But when you promote
assault weapons,

when you flood the market
with them and, gee,

they go off in the hands
of the very criminals

you derive your profits from,

you got to take
some responsibility.

That's what we're asking,
ladies and gentlemen.

We're not in here
calling them murderers.

We're just saying
it's foreseeable

that there's a black market
for these guns.

It's foreseeable

where these guns
will eventually end up.

It's foreseeable

that people will use these guns
to kill,

foreseeable that...
people like Lisa Kimbro

will end up dead.

Who's buying these things?

Just a little responsibility.

That's all we ask.

- Every 13 seconds,

an American gun owner
uses a firearm

to defend against a criminal.

He didn't mention that
in his closing, did he?

The TAC-10,
as the testimony revealed,

is viable for both self-defense

and recreation.

He forgot to touch on that,
as well.

My client never met the man
who shot and killed Lisa Kimbro.

There is no evidence to suggest

that this person ever saw
Pearson Herron's advertising.

There's no case here.

"A man uses a weapon
to kill somebody.

Let's sue the person
who made the weapon."

That's what they're saying.

Well, then,
if somebody gets stabbed,

let's sue
the cutlery manufacturer.

A drunk driver hits someone,
sue Chrysler.

A man bludgeons somebody
with a baseball bat,

sue Louisville Slugger.

Woman is poisoned, sue
the pharmaceutical company.

There's a deep, deep pocket
behind every instrument,

isn't there?

Like automobiles
and baseball bats

and carving knives, guns,

when used as directed,
are safe.

The vast majority of gun owners
are law-abiding people

who use them safely.

I agree, this case really
is about responsibility.

We're becoming
this litigious nation

where, every time
a tragedy occurs,

we find a deep pocket to sue.

Ray Brown killed Lisa Kimbro,
not Pearson Herron.

Responsibility means going
after the ones...responsible

and not just the ones
with the money.

[courtroom murmuring]

- I hope you know
the bullet you dodged.

You also better know,
you get arrested again,

this case comes alive again,

and you get a guilty finding,
which labels you a delinquent

for the rest--
you look at me.

The rest of your life.

First, you're grounded.

- You're grounding me at Mom's?
- Keep your mouth shut.

Second, I want you
at my office this afternoon.

I want you to look Bobby,
Rebecca, and Ellenor

all in the eye and thank them

for devoting
the last 24 hours to you.

Third...

part of my anger at you
comes from fear, Kendall.

This thing scared me like--

As angry as I am at you,
I know we got to do something.

I'm signing us both up
for a drug awareness program,

and I hope your mom
will come too.

You can see I'm angry,

but I hope you also see...

I love you.

- Kendall, go to your room.

- I'm not quite done here.
- Kendall, go to your room.

I need to talk to your father.

- I don't want him
going to your office.

I don't like what goes on there.

I don't like
what he learns there.

- You blaming me?

- I don't want him there.

- 600?

- Their jury consultants
must be worried.

- $600,000.
- Yes.

- I can't believe it.

- Doug, Susan,
in my opinion,

this is like
an admission of blame.

- Obviously,
you think we should take it.

- I can't see how we can't.

- You think so too?
- Actually, no.

- It's just--what?

- I think your closing
hit the mark, Jimmy.

So do they.
So do their consultants.

And if it's a judgment
for the plaintiff,

it'll have to be
more than 600.

- Now you think
we should go for it?

- I don't know.

$600,000 is a lot of money.

I wouldn't be quick
to turn it down,

but my gut says we'll get more.

- But the judge
could throw it out,

just like
in the power lines case.

He just threw it out.

- Well, he didn't grant
the directed verdict.

The New York verdict
didn't get thrown out.

It's your decision.

- Honey...
- Hmm?

- 600 is more
than we know what to do with.

Why get greedy?

- Because we want a verdict,

and if she thinks
we can get one--

- We're broke.
Are you sure?

- We started this for Lisa.

Let's finish for her.

- Are you sure?

- No.

- Sharon?

You want to go in my office?

- Yeah.

No, um, wait.

I told my lawyer
I could handle this,

but I forgot to ask
whether I needed witnesses

to do this.

- To do what?

- To serve you
with this petition.

- Change child custody?

- I don't think you've been
a positive influence

in Kendall's life.

I'm willing to agree
to some very limited

supervised visitation,
but that's it.

- You want to deny me access
to my own son?

- You saw that tape, Eugene.

He learned what he learned--

Maybe we should
go to your office.

I'm sorry to do this.

- You think it's in his interest
to deny me joint custody?

- I do.

Look, I know what you do
is important work,

but to him,

when you make drug dealers
defendable,

you make them excusable.

- It's not that simple, Sharon.

You can't be laying this on me.

- It may be unfair,

but I've got to go
with my instinct.

I don't like what
he's becoming around you.

I'm sorry.

[solemn music]

♪ ♪

- The clerk
will read the verdict.

- On question one,
was the defendant negligent

in the marketing, advertising,

and distribution of its product,

we answer yes.

- Ohh...
- On question two,

was the negligence
of the defendant

a proximate cause
of the injuries and death--

answer, yes.

[commotion]
Question three--

what amount of damages

will fairly
compensate the survivors?

Answer--$7 million.

[exclamations]

- The Court has found
for the plaintiff.

- The defendant notes its appeal
for the record.

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

We're adjourned.
[taps gavel]

- Thank you.

- I don't know what to say.

- Me neither.
- Ohh...

- Thank you.
- Thank you.

- Jimmy, you did it.
You did it.

- And the judge
didn't throw it out.

I didn't hear him throw it out.

- He didn't throw it out.

- And they said $7 million?
- Yeah.

- Oh, I think I'm gonna fall.

Can you hold me up
just another second?

- Don't throw up on me.
- Oh, I won't do that.

No. The judge
didn't throw it out?

- He didn't throw it out.

- 'Cause I didn't hear him
throw it out.

[moving music]

♪ ♪

- $7 million?

- Yeah, that's what he said.

- Have you talked to Lindsay?

Sometimes
Jimmy gets things wrong.

- It's $7 million.
- I don't believe it.

- Is this the first
plaintiff's verdict?

- Second--don't forget
the New York case.

- He's gonna want
to be made partner now.

- Whoa.
- He should.

Is he gonna get
a commission off of this?

I'm just curious.

He's also gonna make
more money than I make.

[moving music]

♪ ♪

- You stinker.