The Practice (1997–2004): Season 3, Episode 19 - Closet Justice - full transcript

- Obviously, shockwaves
are running

through the entire community,
as well as profound grief.

Sister Caroline Oaks
was a beloved, beloved member

of the church.

Preliminary reports
say she was stabbed

more than 30 times.

- Oh, can you believe it?

Just what I need.

- Helen, it's a compliment.

High-profile case,
you get the assignment, that's--

- Too high-profile.



I don't need that kind
of pressure.

It makes my face break out.

- Police were actually
responding to the calls

of another kidnapping victim,
Cynthia Simonson,

when they found
the nun's body in a closet.

Unconfirmed reports indicate--

- The arraignment's when?
- 9:00.

- Maybe I'll stop by on my way
and watch.

- Why?
- 'Cause it's high profile.

And I want to be there
for your first pimple.

- Ah, funny.
- This is big stuff, Helen.

They must
consider you their go-to D.A.

It's a compliment.
- Yeah, yeah, yeah.

[dramatic music]



♪ ♪

- There he is!
- That's him!

- Case number 32654,

Commonwealth versus
Michael Kingston.

Murder in the first degree.

[shouting]

- Quiet down.
I said quiet!

Anybody
who disrupts this room

will be removed, possibly
to a jail cell.

I don't think
you want to test me.

- Joseph Mapp for the defendant,
Your Honor.

We'll waive reading.

- Helen Gamble
for the Commonwealth.

We'd obviously oppose bail.

- Okay, let's conference.

We can set the trial
date there, let...

Counsel, I have great respect
for the public defenders,

as well as your work
in particular.

But given the magnitude

of scrutiny this case
is likely to generate,

together with the limits

on your office's resources, I...

Ms. Dole,
would you step up, please?

Ms. Dole, did you hear me?

Would you please come forward?

- I hope you're not
thinking of--

- You win.
Congratulations.

- Your Honor--
- Get together with the D.A.

Let's conference
as soon as possible.

- Your Honor,
I regretfully have to decline.

My schedule--

- Counsel,
this wasn't a request.

It's your case.
Next.

- Case number 32655,
People versus Nathan.

- Can she really
make me do this?

She can't make me, can she?
Can she make me?

- Where is she?
- Chambers.

- Come on.
- Oh, come on.

You love these cases!

Granted, it doesn't involve
a chopped off head, but still--

- We don't want this one.

- Why?
- You know why.

- Well, then, humor me.

- The victim is a nun
stabbed 30 times.

This kind of crime,
the stigma will run

to the lawyers defending
the psycho who killed--

- Again, I keep going back
to the client

who cut off the girl's had.

You defended him.
- He was innocent.

- To the public, he wasn't.

So you faced the same stigma
there, Bobby.

- Which is why we don't need
to be the lawyers on this one.

- Plus, the district
attorney is my roommate.

That's grounds for
disqualification right there.

- Not if the judge
is convinced

you'll rise above
the potential conflict,

which I am.

- Helen Gamble is also
an ex-girlfriend of mine.

- You've tried cases
against her before.

- Your Honor...

- Bobby,
if I were to recuse you

every time you've slept
with the other side--

- Hey!

- There's already
a lynch mob mentality out there.

You can see that.

I need to ensure
he gets a legitimate

and zealous defense.

You people fight for murderers
better than anybody.

- You can't force us
to take this case.

- Of course I can.
It's exactly what I'm doing.

Go defend him.

- I got them down
to straight probation.

I think we should jump.

- But Jimmy,
if I take any guilty finding,

I lose my job.

I've got a morals clause

which says,
"any criminal conviction."

- Maybe we could talk
to your boss.

- He can't waive it.

There's a precedent.

This is a company
with 32,000 employees.

This isn't fair.
This isn't fair.

- Mr. Burrows, it's not like
you didn't commit the crime.

You offered the woman money.

- But I never would have.

I am sitting in a bar.
I'm minding my own business.

And she came up to me.

- We're gonna
go with entrapment.

- Is there any chance
we could win?

- Yes.

- But not a good one.

- Well, the way
I see it,

I've got nothing to lose.

- Yes, there is.

You get convicted
at trial, you could do time.

- Ms. Washington,
it isn't exactly like my life

has a lot of dimension.

I have a job,

which I've put
in 16 years at.

I've been
a complete company man,

and they say I could stay on,

but not if I have
a guilty finding.

I want to roll the dice, Jimmy.

- This is bad.
- Oh, could I tell you.

- First of all,
if this thing goes to trial,

we lose a fortune.

The court ordered
fees are minimal.

- I don't care about the money.

- What's with the panic, then?

We've done nasty cases before.

- This was a nun, Eugene.

Stabbed repeatedly.
- I understand.

But we've defended
child killers.

Are you upset
on religious grounds?

- Have you been watching
the news?

- Look, we could bring a motion

before a different judge,
try to get out.

- Arguing what?
- Hardship.

That we're too overloaded
to take--

- That won't fly.
Look.

Look,
we've been assigned the case,

so we do the job.

Lindsay, meet the client.
- Oh, great.

- Ellenor, I want you to draft
up a motion for a gag order.

No doubt,
Helen will be trying this case

in the media
every chance she gets.

You and Lindsay
will try it if it gets that far,

since we're better off
with women.

- I'm moving out of criminal,
remember?

- Never mind. Eugene, I'd like
you to do

a memorandum on changing venue.

We should try to move this thing
out of Boston.

- How about LA?
- Lucy, good.

All calls from the media,
we have no comment.

- Wait, you're putting her
in charge of no comment?

- I heard that.

- Oh, you heard that?
Such radar.

- All right, all right,
let's get to work.

- It isn't fair.
The guy is like this sad sack.

It was entrapment.

- What do you want from me,
Jimmy?

- You know I would never
ask a favor in a million years

that I thought was,
you know, unethical.

- I don't know that, actually.

But go ahead.

- The guy is getting
a bum shake.

He's worked hard in his job,
and he's about to lose it

because some undercover cop
got him aroused.

It's vintage entrapment.

- So make the argument.

- I'd like to make it to you.

Judge Cohen's going on vacation.

This thing will get transferred
to one of six divisions,

including yours.

I know Mark Patsos, the clerk.

I'd like him
to steer it your way.

- That wouldn't be a good idea.

I wouldn't kick it.

From where I stand,
your client committed the crime.

And second,
I don't appreciate your even

asking what you're asking.

It amounts to an ex parte
communication.

It's wrong, and you know it.

- I've got a good guy here.
- I don't care.

- Fine.

Forget it, fine.
- You're angry now.

Just forget it.
I've got to go.

- Hey, Jimmy, look,

I understand you want
to help your friend.

But you have to understand that

once I put on that robe,

I don't play favorites
for anybody.

- Yeah.

Yeah.

I thought I'd just take a shot.

- Oh, I do like that.

You do take your shots.

Say, why don't you come back
in a couple of hours, huh?

When the robe is off.

- Hello, I'm Lindsay Dole.
- I know.

I was there
at the arraignment, remember?

- Yes.

Okay, first off,
attorney-client privilege.

Anything you say obviously
goes no further, so...

- Yes, but you don't want me
to be too truthful

in case I want to testify.

We have to preserve you
from lawyer ethic problems.

- All right.

Any thoughts on how a sliced
up nun got in your apartment?

- I haven't a clue.

How's that?

- This woman, Cynthia Simonson,
who called the police,

was she being held captive?

- Shouldn't you get to know
a little bit about me first?

I mean, I'm sure a nice person
such as yourself has conflicts

defending something
so vile as me.

- I kind of stay
emotionally neutral in my cases.

So let's just stick
with the facts of the case.

Let's start with the underlying
kidnap charge on the girl.

- I didn't kidnap her.

She came back
to my apartment willingly.

She just found
herself locked in.

And that would be false
imprisonment, by the way.

That's a distinction
from kidnapping.

This isn't your first
case, is it?

- No, it isn't.

- 'Cause you've got a little
virgin thing going on.

Not that I don't like it.

- Look, Mr. Kingston,
you're in jail right now either

because you killed somebody

or somebody else played you
for the perfect dupe.

Either way,
I consider you pretty stupid.

And if you think you're going
to intimidate me somehow,

we can just forget that because
I really don't have the time.

I'm representing you
because a judge ordered me to,

and I will defend you
as best I can.

But don't mistake my efforts
for caring.

You disgust me.

- The reason
he even knew her is

because she reached out
to help him.

- How so?

- He would show up
at the church sometimes,

angry, despondent.

One time,
Caroline approached him.

That was the thing
about Caroline.

She was there for everybody.

- Being there
for him got her killed.

- Three nights ago,
she went to see him?

- Yes.

She got a call from him,

and he asked if she could come
visit him at his apartment.

She knew nothing
about his criminal record.

We told the police all this.

- I understand,
but his lawyers are good,

and they may take this to trial.

I just don't want
to be surprised by anything.

For example,
they might even claim

that Michael Kingston

and Sister Caroline were having
a physical relationship.

- What?
- Their job is to get him off.

They're not
beneath arguing anything.

- Caroline wasn't having
any physical relationship.

If that's gonna
be their legal strategy,

good luck to them.

They got the wrong nun.

She went there to help a man
she thought was in need.

- Ms. Gamble, you are going
to put this man in jail,

aren't you?

- Yes, I'm definitely
gonna do that.

- This woman, Cynthia Simonson.

You say you didn't kidnap her.

- I met her at a bar
in Kenmore Square.

She left with me.

Happily.

She was at the bar with friends.
Ask them.

- And you came back
to your apartment.

- To play Scrabble.

- We're back to being cute now?

- She left with me to spend the
night together,

which we did.

- Then why'd you keep
her locked up inside?

- I didn't.

I went out to get coffee
in the morning,

and I have a barred door
with padlock.

It's the only way it locks.

- And the reason
you have a barred door?

- Safety.
I don't want to get ripped off.

Plus which, I had a nun
in my closet.

I didn't want people popping in.

[shouting]
- Come on.

Back off!

- You got your car here?
- I walked.

Well, you won't be walking back.

We'll get you to a cab.

- You know where the back
entrance is?

- Yeah.
- Yeah, use it next time.

- Back off!

- Why me?
Why always me?

- Well, it won't be you
from here on in.

I'll be with you every step.

What about the supposed
kidnapping of the college girl?

- He said she went back
to his place voluntarily.

- What difference does it make?
He carved up a nun.

- No, it may raise
fourth amendment issues.

Do we have an address on her?

- It's in my coat pocket,
probably soaked in yolk.

- Ellenor, try to talk
to this girl.

Eugene, I guess we should try
to make contact with Dr. Crane

in case we want
to go with insanity.

- Dr. Crane charges five grand.
This is court-appointed.

And the state will never
authorize that sort of--

- Just give him a call in case
we want to go that route.

Given what he did, there's got
to be a chance he's insane.

- So we're going to the mat
for this psycho?

- Do we have a choice?

- We had a few drinks, talked.

- And at some point, officer,

you told him
you were a prostitute.

- I said I was a lady
of the evening, yes.

- And how did Mr. Burrows
respond to that?

- He was surprised at first,
maybe shocked.

- What happened next?
- We kept talking.

I eventually asked him
if he'd like

to go upstairs
to his hotel room.

He said yes.

- Did you ever
quote him a price?

- $400.
- And then?

- We went upstairs,
he paid me the money,

at which point I told him I was
an undercover police officer.

I placed him under arrest,
read him his rights,

and took him into custody.

- Why were you working this bar
undercover?

- Mainly because high-priced
call girls were.

It was a problem.

- And this was an upscale hotel
bar, right officer?

- Yes.

- A lot of out-of-town business

people frequented it,
including many

law-abiding people, right?
- Yes.

- In fact, mostly law-abiding,
wouldn't you say?

- Probably.

- And you weren't out
to sting my client

specifically, were you?
- No.

- In fact, you didn't even know
who he was when you sat down.

- No, I didn't.

- And when you first sat down
next to him,

you told him you were
an executive secretary;

isn't that right?
- Yes.

- How long were
the two of you

talking before you said
you were a prostitute?

- Maybe an hour or so.
- An hour or so?

So for a while,
he could've thought,

"Hey, this woman
thinks I'm attractive."

That possible?

- I guess.
- You guess?

Well, in fact,
that was the idea, wasn't it?

- I suppose it was.

- So before you told him
that you worked for hire,

do you think it was possible
he was already hoping

maybe something

could happen upstairs
in his hotel room?

- I don't know
what he was thinking.

- Did you feel,

sitting there, he was physically
attracted to you?

- Yes, I did.

- Your Honor, I'd like to see
her as she was that night.

- Objection.
There's no point--

- It certainly goes
to our entrapment defense.

- I agree.

The court will be adjourned
for one hour.

The witness
will return in the same attire

she wore that evening.

- Life with parole,

we both save ourselves
a lot of aggravation.

- Are you out of your mind?

- He could have been out of his,
Helen, in which case--

- There's no way
I'm making any deal

which allows this guy
to see the street again.

- I understand
the public outcry, but--

- It has nothing
to do with public outcry.

Look at what he did.

That's how she was found.

You want him free one day?

- No.

But if you don't
offer us something,

we have no choice
but to go to trial.

We'll agree to life.

- I can't agree to parole,
come on.

Did you really expect me to?

- I don't feel
like devoting six months

of my life to this guy.

- Judge Hiller did that to you,
not me.

- Could you stand facing
the front?

Okay.

Now facing me.

Could you just walk
over to the foreman.

Hold his hand.
- Objection.

- A woman like this touches you,
it has an effect, Your Honor.

- Go ahead.

- Now smile at him
like you did my client.

- Objection.

Objection!

- I really
appreciate you coming in.

- Well,
you shouldn't thank me too fast.

I have absolutely no intention
of helping him.

- Believe me,
we completely understand.

We just have a few questions.

- The police say
that you were locked

inside Mr. Kingston's home.

- Yeah, it was like one
of those barricade doors.

- And you went there willingly,
correct?

- Yeah, I spent the night.

- At what point did you decide
that you were kidnapped?

- When I woke up.

He was gone,
and I couldn't get out.

The door was padlocked.

I called the police.
I was panicked.

- And when they got there,

you told them that
there were guns in the closet?

- I told them
that's what he told me.

- And that's
when they opened it up?

- Yeah, that's the last thing
I remember before passing out.

When they opened
the door, and I...

I spent the night with him.

I could've been next.

- Good news or bad,
depending on how you look at it.

- What?

- We got a shot
at getting this case kicked.

- Excuse me?
- Fourth amendment.

Could be a bogus search.
- How do you figure?

They moved in on a kidnap.

- There was no kidnap
here, Bobby.

He was coming back
to the place with donuts.

- The police didn't know that.

- Bobby,
there was nothing exigent.

- The arresting officer's taking
the stand tomorrow

at the P.C. hearing.

If he says
what I think he's going to,

our little nun killer
could walk.

- Lindsay, there was a woman
locked up inside his apartment

and a chopped up nun.

- And I'm telling you
we might be able

to suppress the chopped up nun.

- I don't really want to.

- You think I do?

- You've been kind of quiet.
- Me?

Well, you try taking the side
of evil.

- Yeah, well,
I'd say let's head in together,

but my hair doesn't like
egg shampoo, so...

- Well, you know, we're supposed
to be on different sides.

It wouldn't look so good
if we marched

in together, would it?
- No.

See you there?
- See you there.

- She has no idea
she's about to be ambushed.

I feel like a snake.

- Lindsay,
it would have been unethical

for you to give her the idea.

[shouting]

- Would you clear them out?

- Open to the public.
- This is incitement!

- Let's just keep moving,
please.

- I paid the woman the money.

I don't deny that.
- But?

- But I didn't go into the bar
looking for a call girl.

I sat down
at the bar,

I ordered a nightcap,
then she sat down.

- Okay, but Mr. Burrows,

she didn't force
you to hire her services.

- We were talking.

Getting along.

You know, I should have known
something was up.

Pretty women
never come up to me.

Things were getting flirtatious.

And I started thinking,
hotel bar,

I'm on the road,
she says she's on the road.

And my mind is going right

to where a man's mind
goes to in these situations.

- Which is where?

- My penis.
- Mr. Burrows!

- I'm just being honest.

I haven't slept with a woman
in four years.

I don't even go looking for it.

I'm a realist.

But now, suddenly I'm thinking
this is a possibility.

- And then?

- Then she tells me she's a lady
of the evening.

- And how did you respond?

- I was crushed.

One minute,
I was thinking

this beautiful woman
was actually attracted to me,

and then the next, I come
crashing back down to Earth.

But as we continue talking,
I begin to realize

why she's sitting there
and smiling at me.

And it occurs to me
that this possibility

that I'd been so excited about,

that still exists.

And all of these little dreams
I had been dreaming--

Well, suddenly
$400 seemed cheap,

and I said yes.

She got me as thirsty
as she could,

she led me
to a trough,

and then I get arrested
because I wanted to drink.

- We were responding to a 911.

When we got there,
we found the girl

behind the padlocked steel door.

- Then what happened?

- We cut through the door,
freed the woman.

She told us the suspect had guns
or something in the closet.

We opened the closet door

and found the remains
of the nun.

- After you cut
through the front door

to reach Ms. Simonson,

there was no real emergency,
was there, officer?

- I suppose not.

- And did you feel
Ms. Simonson had the authority

to give you permission
to open the closet?

- Well...

- You knew it wasn't her home,
right?

And by the way,
how did you open the closet?

- Crowbar.

- Your Honor,
at this time, the defense

asks that you suppress
the entire contents

of that closet.

- Quiet down.

I'll see Counsel in chambers.

- It's a no-brainer.
No exigency, no plain sight.

- The police were responding to
what they thought was a kidnap.

- But after they went in,
they had the girl.

- And if there's cause
for an arrest,

there's cause for
a search incident to an arrest.

- Did you just make that up?
- Hold on.

- They could have secured
the premises, got the warrant.

They could have come back
and searched.

Instead, they just
skipped the warrant.

- If there was one kidnap,
there could have been two.

Somebody clearly could have been
in that closet.

- Oh, come on.
- Oh, Helen, don't insult--

- All right,
let's just cut through this.

I'm told you'd agree to life
with parole.

Let's just do that.

- That offer isn't on the table
anymore.

- Bobby, I suggest you take it.
- Why?

- Because that officer
could have reasonably believed

there were
exigent circumstances.

- What?
- He's a young kid.

He comes upon a kidnap.

- Hold on a second.

- Lower your voice, please.

- You stuck us on this case
to do a job.

- Which I'm grateful for.

- And you got to do yours.
- Don't you raise your voice.

- You're looking
to avoid setting this guy free.

I get it.
But the search was bad.

- I said lower your voice.

- There were no exigent
circumstances.

The suspect wasn't even there.

They knew
the girl had no authority

to say yes to the search.

They had to get a warrant.
They didn't.

They screwed up.

And everybody in this room
knows they screwed up.

- And if you suppress
the contents of that closet,

this guy walks.

We all know that too.

The victim
and the weapon were inside.

- I'll hear all arguments
tomorrow.

- Why?
- Because I want to.

It's my prerogative.

Do you keep forgetting
I'm the judge?

- Let's not you forget it.

- Oral arguments
at 10:00 tomorrow.

- I'll see Ms. Gamble alone.

- Why?
- Hey, out!

You better give me something,
Helen.

I don't want
to set him free any more

than you want me to,

but you better
give me something,

because...

- Your Honor.

- Go get something.

You haven't got much time.

- Under the belief
this woman was a prostitute,

you agreed to pay her
$400 for sex.

- She had me
in an aroused state.

- Is that your defense?

You were in an aroused state?

- My defense is entrapment.

And this crime
would never have happened

if she hadn't come along.

- You agreed to pay her
$400 for sex.

- Yes, Mr. Tisbury.

They got me.
Good for them.

- Your Honor, I--
- No, no.

Jimmy, don't tell me
to calm down.

Now I'm angry.
Now, listen.

I pay my taxes,
and this is what I get?

The government is waving
illegal candy bars in my face

hoping that I will bite!

- And you did bite,
didn't you, sir?

- Which brings me right back
to congratulations!

Listen, you know, maybe
you ought to litter the streets

with $20 bills
next and bust the homeless

when they don't turn them in.

- What the hell was that?
- I'm angry.

- Our chances ride on sympathy,
and you just blew it.

- I don't care.

When I think
about what they did--

- No, you did it.

They maybe brought you
to the trough,

but you did drink, Clyde.

- I wanted to drink.

I wanted to bite.
But I didn't.

- 'Cause you got arrested
before you could!

- All right, Clyde,
if we can still settle--

- No!

You know something,
Jimmy, I'm a weak person.

I know that.

But I never broke a damn law
in my life.

- Well, you broke this one.
- They caused me to.

And it just isn't fair.

- Anything and everything on
search and seizure.

Get on Westlaw.

Check the Virginia case
that threw out Miranda.

Forget lunch, forget dinner.
I need those citations by 7:00.

Go, go, go.

- Don't tell me.

- The officers screwed up, Mark.

Now I'm screwed going in there.

- Helen, if he walks, this...

- He's going to walk, Mark.

Unless...

Between now and 10:00
tomorrow morning,

I have to find something.

- How up to date
are you on the fourth amendment?

- The fourth amendment?

It's an embarrassment.

What else you need to know?

What's wrong?

- I may have to set
the nun killer free.

- What?
- Warrantless search.

Stupid police mistake.

- Oh, God.

- Maybe I should just
look the other way.

Let the appeals
court do the dirty work.

- That isn't you, Zoey.

We both know that.

- Suppose I transfer it
over to you?

- Well, it's not me either.

Besides which,
I'm having a little thing

with one of the lawyers
at Bobby Donnell's firm,

so I would have
to recuse myself anyway.

- What?
- Oh, Jimmy Berluti.

A little frolic.

- Have you lost your mind?
- What?

I'm not supposed
to have a personal life?

- Well you shouldn't be having
it with lawyers

who appear before you.

- I don't.

That's why I just said
I'd have to recuse myself.

You know,

it's been quite a while

since I've seen you smile.

It wouldn't be such a bad thing

if you went out
and got yourself a little--

- Never mind.

What am I going to do, Roberta?

The man viciously killed a nun.

I put him back
out there,

he'll no doubt
kill somebody else.

- What about the kidnap charge?
- It won't stick.

They arrested the guy
coming back to the house

with coffee.

The phone
in the apartment worked.

She was free to make a call.

Clearly,
she wasn't being kidnapped.

What the hell am I gonna do?

- Nice bomb, Lindsay.

Couldn't tell me
over breakfast, could you?

- No.

Sorry.

- You know, I realize you didn't
want this case either,

but still.

What you do for a living,

it's repulsive,
and your little credo of

"just doing my job"--
it doesn't excuse it.

- Hold on a second, Helen.
- No, no, you hold on.

It says something
about a person's character,

the kind of work
that she would do.

- You're turning this personal?

- The fact that you could
represent him,

even under court order,

and look at yourself
in the mirror--

- I'm not gonna listen to this.
- Oh, no, don't!

It might kick up a little bit
of a conscience!

- Oh, give me a break.
- No, Lindsay.

The breaks go to people
who kill nuns.

- And the police, 'cause
they are always innocent.

- The police try to catch
criminals, Lindsay!

They don't--

- Three of them planted a knife
in Ellenor's desk

trying to frame her
and George Vogelman.

- I'm not talking about that!
- I am!

And, you know,
you're crying about--

- This guy killed a nun!

- If we could trust the police,

then we wouldn't have all
these search and seizure rules.

- Oh, don't talk to me!
- Oh, don't turn this on me!

If you were in my position you
would do exactly the same thing.

- I would never
be in your position!

- Hey!
- Go to hell!

- You go to hell.

[sobbing]

- Were you up all night?
- Couldn't sleep.

I'm sure you could.

- Oh, go to hell again.

- Lindsay, I'm sorry.

I don't mean
to take it out on you.

But you're here.

- You think I want
the guy free, Helen?

- No.

- He hired her.

$400 he agreed to pay her.

And his defense is what,
the aroused penis defense?

The thing about prostitution,
ladies and gentlemen,

we can throw the Janes in jail,

but they end up
right back out there.

Because they have no choice.

Broke, some with drug problems,

some with children to support.

They can trade on their bodies,
and they do.

They end up
right back out on the street,

because, as far
as they see it,

there's no other choice.

For the Johns,
they do have a choice.

Deterrence works on the Johns.

And if we can shut down the
demand by going after them...

And this man,
he had a choice, didn't he?

He chose
to knowingly break the law,

to pay for sex.

Now, he has to pay
the consequence for that choice.

- Entrapment.

That's defined
as when a person

is lured into the commission
of a crime

that he has no predisposition
to commit.

And that's this case.

Clyde Burrows never
would have committed this crime

if he had been left alone
by the police.

That's entrapment.

And Mr. Tisbury
stands here

lecturing you on how
we have to stop the Johns.

Clyde never was a John
in his life.

He only became a John here

because the police
convinced him to become one.

In the big picture,

is this what we want
the police to be doing?

Staking out
law-abiding citizens?

Baiting them into committing
crimes, then busting them?

Sure, if Clyde Burrows
had been stronger,

he could have resisted.

Maybe if he'd been more moral,
he would have resisted.

But he wasn't.

He was weak.

And thank God we have the police

to go out
and find the weak

and lure them
into committing crimes.

Come on.

The police are supposed
to protect us, not trap us.

The police are supposed
to be catching the people

who are out there
committing crimes,

not finding innocent people

and luring them
into committing crimes.

Clyde Burrows
would not be sitting here today

but for the actions
of a police officer.

Is this the government we want?

[phone rings]

- Donnell, Young, Dole,
and Frutt.

Oh, shut up.

Heard of star 69, you idiot?

I'm reporting you to the police.

- What's going on?
- It's this case.

People don't like us doing it.

- Absent exigent circumstances,

the police cannot search
without a warrant.

- They thought
she was kidnapped.

- Which buys them entry.

But once they had her,

once the exigency was over,
they had to get a warrant.

There was no danger
of losing evidence.

They could have secured
the premises.

They can't even argue search
incident to the arrest,

because the subject was arrested
outside the building.

I know the idea
of setting a murder defendant

free is, of course,

repugnant to everybody
in this room.

Especially this defendant.

But we have a constitution,

a fourth amendment and case law

that couldn't be more clear.

The police were required to have
a warrant to search that closet.

They didn't get that warrant.

As a result,

everything in that closet
is inadmissible as evidence.

- Ms. Gamble.

Ms. Gamble?

The fourth amendment
does not require warrants.

It protects people
against unreasonable searches,

but it has never,

by its language,
required warrants.

- The Supreme Court
has chimed in

and said that it does.

- The modern Supreme Court
interpreted it that way.

The language
only requires reasonableness,

and nowhere, nowhere does
the fourth amendment ever say

that evidence obtained
absent a warrant

or even absent reasonableness
be excluded.

This exclusionary rule
wasn't carved out by the courts

until 1961.

That means for 172 years,

the fourth amendment
did just fine

without excluding evidence.

The courts decided
to impose that sanction.

The courts decided
that that would be the best way

to remedy police misconduct.

Now we've stretched it
to remedy police mistakes.

Innocent mistakes,
which themselves are reasonable.

If a convicted felon
locks up a woman,

if he tells her he has guns
in his closet,

reason says he's forfeited
his right to privacy.

Reason says those police
officers should go in

and investigate.

- Are you asking me
to ignore the holdings

of the Supreme Court?

- I'm asking you
to recognize the absurdity

of the exclusionary rule.

I'm asking you to recognize

how ridiculous it is to require
20-year-old police officers

to understand the law
when judges and lawyers can't.

In this case, there was
no misconduct by the officers.

They rescued a woman
who appeared to be kidnapped.

They attempted to make sure
the apartment was gun-free

before the kidnapper returned.

This is reasonable.

That man sitting right over
there stabbed a nun 30 times

and cut her into pieces.

He has a felony record.

He...

Last night,
I got into a screaming argument

with the defense counsel.

She accused me
of making this personal.

It is personal.

I take my job
very personally, Your Honor.

I like
to come in here

thinking the work
I do counts for something.

Just like those police officers.

And when we see criminals
get turned loose

on technicalities

that have nothing
to do with merit or...

The Constitution was designed
to protect the innocent.

Not the guilty.

In this case,
that man, Your Honor--

Feed this right into the mouths
of the Supreme Court,

if they want to spit him back
on the street.

Yes.

Yes, I'm asking you
to overrule recent decisions.

We need a brave judge
to do that, Your Honor,

otherwise they'll never
get the chance

to revisit
the irrationality of--

He killed a nun.

He mutilated a nun
and stuffed her into a closet.

The fourth amendment was never
meant to protect this animal.

I'm sorry, it's personal.

[shouting]

- I don't want
to be Judge Hiller.

- I think Helen did pretty well.

- Given her hand.

I've seen you better.

- I'm sorry?

- You hit all the marks.
You certainly weren't bad.

But I've seen you better.

- Are you accusing me
of something?

- No.

- Let's see you defend that guy
better, Bobby.

- I wasn't criticizing--

- Yes you are,
and I don't like it.

- Will the defendant
please rise.

Has the jury
reached its verdict?

- We have, Your Honor.

- What say you?

- In the matter
of Commonwealth versus Burrows

on the charge of solicitation,

we find the defendant,
Clyde Burrows,

not guilty.

- Wow.
- Oh, God.

Oh, thank you.
Oh, thank you.

- You stuck to your guns, Clyde.

You hung in there.

I got to admit,
I didn't think we'd win.

- Well, I owe you big.

- Do me a favor, from now on,

go to bars
like this instead of hotels.

Pretty women don't come in here.
Except for Beck.

- I take offense at that.
- Roberta.

- Hi, I just
swung by to tell you

that I won't be able
to see you later tonight.

I've got to check
on Judge Hiller.

She may need me.

- Well, how'd she rule?
- Oh, she hasn't yet.

I don't know which way
she's gonna go.

So can I please have a rain
check for dinner?

- Sure, sure.
[pager beeping]

- Oh, she's made up her mind.

I've got to go.

I'll call you later.

- We're friends.

- I agree with Ms. Gamble.

There is nothing

in the language
of the fourth amendment

that requires warrants.

Nor is there anything

that says illegally obtained
evidence should be excluded.

These rulings have been
carved out by the courts

in response to our distrust
of the police.

I also realize
the courts are more

than willing
to adjust their thinking

to the needs of the day.

We search bags at airports
now without warrants.

Make people
go through metal detectors.

California requires fingerprints
just to get a driver's license.

The Department of Transportation
has mandatory drug testing.

We have
all these invasive things

we do to people absent
not only warrants,

but absent any suspicion
of wrongdoing.

So why can't a police officer

who has been told
there are weapons

in the closet
of a convicted felon,

a man suspected of kidnapping--

why can't he open the closet?

I agree with the district
attorney.

The fourth amendment has been
interpreted

and expanded by the courts
to the point

where it belies
both the language

and the intent
of the amendment,

which is reasonableness.

But I also know
the Supreme Court rulings

on search and seizure
have set clear rules.

And as much as I would love
to be a renegade,

our criminal justice system

has no chance whatsoever

once the judges themselves begin
embracing judicial anarchy.

The search
of the closet was illegal.

The contents are inadmissible.

With the contents suppressed,

I find no probable cause
to hold the defendant.

He is free to go.