The Practice (1997–2004): Season 3, Episode 2 - Reasons to Believe - full transcript

- Previously, on
"The Practice"...

- What's wrong?

- [gasping]
Here.

- She passed the bar.
- What?

- I've been going
to night school.

- Law school at night?

- For the last five years.

A case?

My own case?

- Stolen bike.
One day trial

a couple of weeks from now.
No big deal.



- You had no idea
who the bike belong to?

- No.

- You stole it!

- Ms. Dole.
- Professor?

- Bobby Donnell
is a good practitioner.

You studied to be a lawyer.

I-I don't mean
to speak out of turn.

It's just I should hate
to see you waste your gift.

On what basis
do you sue my firm or me?

- On the basis of a hunch.

- I'll be in court personally
to respond to your motion.

- Then this doesn't have
to be good-bye.

- I...

I'm disappointed.



- Helen.
- Oh, don't give me "Helen."

I was about to go running, okay?

My day was over
until you called.

Why do you need me
to monitor a lineup?

- Because I do,
and you'll know why in a second.

MAN: All right, face forward.

- [sighs]
Homicide?

- Yep, boyfriend
bludgeoned a babysitter.

We already did one lineup,
but we want to run it again.

- Why?

[door opens]

MIKE:
'Cause this is the witness.

Okay, Danny,

we just need to do
this one more time.

We need you to point to
the man who hit Cindy.

Okay, buddy?
- Okay.

- Let's do this real
quick, sweetheart.

- See, we have to get the mother
to direct him a little.

And legally,
I want to be covered.

- Go ahead.

- Number one, step forward.

- Is that the man
who hit Cindy, sweetheart?

- Step back.
Number two.

- Is that the man?

- No.

MIKE: Step back.
Number three.

[dramatic music]

♪ ♪

- Is that the man?

♪ ♪

Is that the man?

- Yes.

♪ ♪

- Are you sure?

- Yes.

♪ ♪

[sniffling]

JANET: It's okay, it's okay.

[funky music]

♪ ♪

- That's right.

Well, Thursday's good
if we're still looking Thursday.

We need to fill
the position now.

All right then,
hold on a moment.

Donnell, Young, Dole, and Frutt.

One moment please.

Lindsay?
- I'm gone for the day.

- It's your professor
friend, Pearson.

- What does he want?

Hello?

Hi.

Whoa, whoa, whoa,
whoa, wait, slow down.

Slow down.

All right, where is he now?

Did you call the police?

Yes, I'm on my way.

Yes, I'll bring Bobby.

Okay, just give me your address.
- What, bring Bobby?

Bobby's got tickets
to the Red Sox game.

- Come on,
the day is just beginning.

- What happened?

- Anderson Pearson,
my stuffed shirt professor?

- Yeah.
- He just shot somebody dead.

- What?
- Come on.

He specifically asked for you.

- Why do I always have
to be the one that--

- Yes!

In every tragedy,
there's a silver lining.

- Right here.
- All right.

- And you believe he's right?

- Unfortunately, I do.

- He also described the guy's
clothing, jacket, hat.

- Was he wearing any of
that clothing in the lineup?

- Give me some credit.

- Look, he's four years old.

He's not gonna be a witness
in the trial, for God's sake.

He--he's four.

- Mrs. Walsh,
I'm sure we will be able

to collect a lot
of physical evidence

between now and the trial,

but for the purpose
of holding the defendant

we may be looking
at a probable cause hearing.

Which might mean your son
having to testify.

I'm hoping not.

The arraignment is tomorrow.

- Does--
- He doesn't have to be there,

and I'll be
in touch with you right after.

[helicopter hovering]

- Anderson Pearson's attorneys.

- Go ahead.

- Uh, excuse me.

- We represent Anderson Pearson.

- Come on.

Try not to touch anything.

[police siren wailing]

- Thanks.

- Let's go.

- Thank you for coming.

- What happened?

- Well, he, uh...

- This man has been
terrorizing us for a month.

We know he's
vandalized our property,

even though we can't prove it.

- Why was he terrorizing you?

- Well, I-I cut him off
on an exit ramp.

- Excuse me?

- Yes, he followed him home.

He's a crazy man.

We finally had to get
a restraining order,

for God's sake.

- All right,
what happened tonight?

- I, uh,
saw him pull up in front,

and I said to Andy,
"My God, here he is again,"

and Andy got his gun.

- Well, I just planned
to let him know

that I-I was armed,
I wanted...

He rang the bell,
I opened the door,

he was standing there
holding our cat.

She was dead.

He dropped it at my feet
and said,

"Something must be
the matter with her."

Well, I just--
I pointed my gun at him,

and--and told him

if he ever bothered us again
I-I'd kill him.

And then he said something like,

"Well, I'm just a little mouse.

A mouse couldn't hurt you."

And then he said, uh,

"Maybe it was a mouse
that killed the cat."

And then I-I-I was shooting him.

- What have you told the police?

- The same
as I-I just told you.

- No sign of a struggle.

The victim had no weapon.
It's a no-brainer.

- You know who this is?
Anderson Pearson.

He's one of the most
prestigious lawyers.

- Hey, he shot a guy five times.

- Let us surrender him tomorrow
at the arraignment.

He's not going anywhere.
- For a homicide?

POLICEMAN: Okay, let's go.

- We'll go with you, Professor.

[tense music]

♪ ♪

- Don't say anything.
We'll meet you there.

Don't talk.

- Okay.

[helicopter passes]

- He's in some trouble, Lindsay.

♪ ♪

BOY:
It was Jimmy said take it.

He just clips the lock,
and he got on.

- You got on it later.
- I know, but later.

And by then,
it was Jimmy's bike.

I didn't steal the bike.

Just took a little ride
on Jimmy's stolen bike.

- Hey!
- Don't you be swatting him!

- You need to be swatting him!
- I will file criminal charges.

- Does that sound
like an excuse to you?

Maybe that's
why he's out stealing bikes.

He needs somebody
to discipline him.

- Hey, if anyone is going
to kick his bottom, it'll be me.

He is telling you the truth.
- Then do it.

- Rebecca, can I be of help?

- Yes, you can.

Your associate here
keeps hitting my son's head.

- The trial starts tomorrow,

I have to know
what I'm dealing with.

- He told you the truth.

- I need to speak with

Ms. Washington one second.

- Can it wait?

- No.

You're not the kid's
social worker.

- I know that,
but I have to make a decision

as to whether or not
I have a truthful witness.

If I don't believe him,
how will a jury?

A- Well, stop hitting him
in the head.

[door opens, closes]

- Why is she talking
about a jury?

She's not gonna
try this, is she?

- I don't know.

- Oh God, here?
I can't work here.

My parents would kill me.
- Can I help you?

- They said
this was an upscale law firm.

Yeah, do you work here?

- Yes, I do.
And you would be...?

- Oh, hi, sorry.

Lucy Hatcher.

Hi, Lucy.

It's probably okay
to wear jeans here, huh?

- Oh, you're here
about the secretarial job.

- Legal assistant.

I do phones, too,
don't worry.

She said I'd take care
of five lawyers.

You guys two of them?

- Yep, that's us.
We're...we're two of them.

- Could I make a suggestion?

Not that it's my place
to give advice,

and not that
that's ever stopped me.

But when you guys meet people,
handshake,

eye contact, then your name.

Just like I did.
See?

Lucy Hatcher.

- James Berluti.

- Good to meet you, James.

Lucy Hatcher, hi.

- Ellenor.
Frutt.

- Frutt.
It's a good name.

Kind of, "Don't mess with me."

[people chatting, coughing]

- Helen.

- Oh, hey, Kent.

- I got Parrish,
court appointed, babysitter guy.

- Oh, God, my condolences.

- Yeah.

Look...I went over the report.

I'm going to be asking
for a probable cause.

- The kid is--
- He's four, I know.

I don't want to,
but how can I not?

- Kent, what...

- What am I gonna do?

- Case number 32427,

Commonwealth versus
Anderson Pearson.

Second-degree murder.

- Robert Donnell
for the defendant, your Honor,

waive reading, we're also
hoping to waive bail.

- Second-degree?
I have to oppose that,

Your Honor.

- I'm afraid I'm going
to have to recuse myself.

I know Anderson Pearson.

We'll transfer you to third
session to address bail.

Next case.

[gavel slams]

[dramatic music]

♪ ♪

- You okay?

- No.

♪ ♪

- Come on.

[door locks]

- We're not getting bail.
Second degree.

If they ever gave bail
to you, the press...

Sorry.

- I'll be in jail
for a long time.

- That's what we'd like
to talk about.

The evidence here
is basically all in.

Any forensics would just confirm

what we're already
stipulating to.

There's nothing
to stop us from going to trial

almost immediately.

- Can we get an immediate trial?

- Well, knowing the judge
does count for something.

- We could go within
a month if we want.

The DA has agreed.

- Unless we plead insanity,

which would mean lots
of tests, expert witnesses.

- Insanity?

- It is an option.
You saw your dead cat,

and you just temporarily
lost it.

And with temporary insanity,
if we win, you walk.

No hospital, free man.

- Is that what
you're recommending?

- No.

- The problem is,
your getting the gun

before he came to the door,

plus your threat
that you would kill him.

- It doesn't preclude insanity,

but it makes for
a very tough sell.

Next time you shoot somebody,
you should wave your arms

around all crazy first.

Bad joke.

- What are you recommending?

- I'd like to go self-defense.

- Self-defense?

The man was unarmed.

- And talking to your wife.
You two felt like

this man might end up
hurting you one day.

Isn't that the reason
you bought the gun?

- I'm not a criminal lawyer,

but I seem to remember
that the danger

has to be immediate
to justify self-defense.

- Technically, yes.

But if we can argue it,

I think we can get
the jury to buy it.

The rap sheet
on the victim was long.

He was a bad guy.

- If...if you don't mind,

I'd like you to run this
by some lawyers at my firm.

Now, I-I don't mean
to backstop you--

- Yes, you do.

But I understand.

- Hm.

- Self-defense?

The guy had no weapon.

- Well,
that's what I'm looking up,

whether we can still use it.

- Oh.
[phone rings]

Donnell, Young, and Frutt.

Please hold.

Look, I wouldn't buy it,
and I'm a good everyman compass.

You know, one shot, maybe two?
Eh.

Five?
Jail.

May I help you?

- I'm not sure.

- You're a lawyer here.

Lucy Hatcher.

Saw a picture
of Donnell, you're not him.

So, you must be Eugene Young.

I'm Rebecca Washington's
replacement.

Why does everyone
here give me the fish?

Big strong guy like you?

How can you not have
a strong handshake?

Oh, 'scuse.

Donnell, Young, and Frutt.
Please hold.

- Lucy,

how many calls do
you have on hold right now?

- Right.

Hello, how may I help you?

- It's not
that I'm unsympathetic.

- He's already traumatized
from witnessing the murder.

If we bring him into court,
throw him into a witness chair--

- The problem is,
he's all you have.

Get me something else
to show cause, otherwise--

- It's not unheard of to take
judicial notice of a lineup ID.

- Come on, Helen.
- And it's not unheard of

for a defense attorney
to waive probable cause.

- In this case,
it would be malpractice

for me to waive it.

- Kent...
- Hey, take me off the case.

I'd love it.
find another PD

who'll say yes,
if you can.

Do you think
I'm having fun here?

- He's four years old.

- And every defendant
has a right

to confront his own accuser.

Without that four-year-old,
a killer walks.

Which result do you hate more?

- We searched his house,
nothing.

So the clothes and the weapons,
he must have gotten rid of.

- We've got to find something.

EDWARD: Detective?

- Oh, Helen,
this is Mr. and Mrs. Harrelson.

It was their daughter who was--

- Oh, I'm so sorry.

- Are you gonna put him away?
- I'm gonna try.

Is there anything
you can tell me?

- Cindy would say

that he'd
threaten her sometimes,

but I don't think physically.

They'd just broken up.

- Just please get him,
would you?

- We will.

- Excuse me, Ms. Fields?
- Yes?

- I'm Rebecca Washington.

I represent Michael Baylor.

- Who?
- Baylor.

His trial starts tomorrow.

- Tomorrow?
I think you have the wrong DA.

- Oh, no, you're on the file.
Bicycle theft.

Juvie.

- Oh, yeah.

God, you almost gave me
a heart attack.

[laughs]

- He's not a bad kid.
- No problem.

Sufficient facts, no finding.
God, for a second--

- Well, no finding
really isn't acceptable.

If we admit to sufficient facts,

even though it's technically
not on his record,

it comes back
if he's ever arrested again.

- Well, what are
you looking for?

- Well, not guilty.

We're gonna roll with the trial.

- You're not serious.

- His friend took the bike.
He rode on it later,

but he's not
the one who stole it.

- You actually want to try this?

- Well, I'd like
for you to dismiss it.

- I can do that.

- Well, I can't advise my client

to admit to something
he didn't do.

- So I have to notify
the witnesses to show up?

We're going to trial?
- I guess.

- Ms. Washington, it's a bike.

Misdemeanor.

I even forgot to fob it off,
that's how small this is.

- It's not small to my client.

He wants to keep
his record clean.

- You do realize,
if you push for a jury trial

and lose,
your client could get time?

- He didn't steal the bike.

LINDSAY: You should
have seen them.

Eight lawyers, not a single
expression among them,

staring back at us like zombies.

- Oh, I have to say,
Lindsay, self-defense?

- It wasn't like they were
questioning us

so much as they were--

- High rise, brain dead,
pinstriped drones.

- Exactly.
- Wow.

- I told you.

- This is--why is she
moving out?

- She got transferred, London.

She's willing
to sublet at the same price.

HELEN:
Oh, can we afford this?

Remember, I'm a civil servant.

I don't have all that
drug money lying around.

- Funny.

$2,200 a month.

Think of all the men
we can pick up with this.

- And that's all I pick up.

I'm a slob, remember?

- We'll hire somebody.

- You and me as roommates.

What happens
if we both come home

with Bobby on the same night?

- Funny again.

- This is beautiful.

[sighs]

Let's do it.

[poignant music]

BOBBY: Am I crazy?
EUGENE: Crazy, no.

But will the judge
even let you argue self-defense?

- I've got a conference
tomorrow. I'll know then.

- Anderson Pearson?

- Can you believe it?

- Well, we certainly work late
around here.

- Yes, we do.

- Oh, hey, I'm not complaining.

I like it.
I never go out before ten,

and I'm lousy in idle.

- I take it you've met Lucy.

- Yeah.

- Good handshake.

You know,
I used to work in a salon.

I could help fix your hair.

You would be so...mm.

- Thank you.

- I'm not a magician.

- But you can
make yourself disappear.

- Oh, good one.

- Whose decision was it
to hire her?

- [sighs]

- Bobby, we got
a little problem.

- What?
- Rebecca.

She wants to try
the Baylor case.

- What's the Baylor case?

- Juvie bike theft.

Witnesses saw him
and another kid take it.

The DA's offering
to continue it with no finding

and Rebecca wants to try it.

- Why?

- She says the other kid
stole it and he was innocent.

- Where is she?

[knocking on door]

- Hey.
- Hey.

- You all set?
Wow, looks like it.

- Yeah, I'm ready.

- Listen,

if the DA is willing
to continue with no finding,

you can't say no.

- But he didn't steal this bike.

- Rebecca.
- The problem is,

I don't believe
he won't steal another.

And if he does steal another,

the DA's offer
becomes worthless.

Because when you admit
to sufficient facts,

the judge can enter
a guilty finding retroactively

if he's caught committing
another crime.

- All true.

But you're not dealing
with the next crime.

You're not his mother,
Rebecca.

You're his lawyer for this case.

And on this case, turning down
the offer is unthinkable.

- I think about the kid,
not just the case at hand.

- All right,
then think about the kid.

You say he'll probably
steal another bike.

You get him a not guilty here,

probably steal it
sooner than later.

You take
the no finding deal,

and this case stays hanging
over his head.

That's a bigger incentive
for him to behave.

Take the offer, Rebecca.

- Is that the way
this goes, Bobby?

You order me which way to go?

- It's strong advice.

- And I'll consider it.

- Jimmy's going with you.

- Bobby, it's my case.
- Your first case.

Jimmy's going with you,
and that is an order.

[door opens, closes]

- Great, thanks.

The case went to Judge Hiller.

- Excellent.

Maybe.

- Why maybe?

- She's a friend,
but she's also by the book.

10:00?
- You should go.

Jimmy's research.

I highlighted anything
first circuit.

- Mm, good.

You all set?

- Set.

- Rebecca?

Good luck.

- Thank you.

- Go get 'em, Beck.
- You'll be great.

- No biting.

- I...

- Good luck.

- Thank you.

- Jimmy?
- I'm there.

[door slams]

- I wouldn't be arguing
self-defense.

- The guy was a wacko.
- Unarmed wacko.

BOBBY: The victim was basically
stalking him, Your Honor.

He showed up everywhere,
calling my client "Mercedes."

"Hey, Mercedes.
How you doing, Mercedes?"

- Why'd he call him that?

- Because that's the car
my client was driving

when they got into
the initial dispute.

- You mean this started
with a traffic incident?

- And the threats
started to escalate,

and he vandalized
their property,

and he killed their cat.

- Well, you can't use excessive
force to protect a pet.

- What I'm saying is
the threats started getting

more and more dangerous.

- I understand,

and it may have reached a point

where he was even
about to kill them.

But we weren't at that point
when your client shot him.

- Well, I think
that's a question of fact

left for the jury.

- The jury's not going
to get that question, Bobby.

- Why not?

- Because if they're offered
self-defense,

we all know
they're going to jump at it.

The defendant is
a well-respected family man.

The victim is a crazy loon.

The jury
would look for any excuse

to set your guy free.

That's not going to happen.

- You can't limit our defense
to what you think--

- I can refuse an instruction,

Ms. Dole.

And if you get a bad jury
instruction

on top of this set of facts,

we all know where your client
will be heading.

I'm doing you a favor here.

Trust me.

You don't want to
be arguing self-defense.

- Technically,
she can't block us.

- Well, without a good jury
instruction,

we've got
to go back to insanity.

We'd better go tell him.

- Just give me an idea.

I've got to tell the child's
mother something.

- Of course
I have to cross-examine him.

- That's not what I mean,
and you know it.

- Look, my guy
may be a murderer,

but he's still entitled
to the best defense possible.

That's our glorious system.

- Kent.

- If you had any other evidence,
that would be one thing,

but I've got no choice here.

- No choice but to what?

- You have to understand,
a probable cause hearing,

as far as the defense
is concerned,

can be used as discovery.

- So he's just going
to pick away at Danny

in a witness chair?

- Well, if there were any--

- My son is in terrible shape,
Ms. Gamble.

He just saw a man
bludgeon a young woman to death,

a woman he was very attached to.

- I know.

- And now,
can't these questions,

can't we do it
in a room,

or even back at our house?

Does he have to go
into a big courtroom?

- Well, I'm afraid
that's part of the whole idea.

- What idea?

- Mrs. Walsh, please.

See, part of the plan

for the defense attorney
will be to shake your son.

I don't mean to shake his story,

but shake him.

He wants this to be an awful
experience for you.

He wants you to be
so repulsed tomorrow

that you'd sooner
leave the country than

let your son
go through it again at trial.

- What's he gonna do?
- Whatever he can.

I know this lawyer.

He's a pretty good guy.

But his duty tomorrow
won't be to look out for Danny.

- This is barbaric.

- Sometimes it is.

- We saw them clipping the lock,
laughing.

And then they took it
and rode away.

- And you're sure the defendant
was one of those boys?

- Oh, yes.

- Thank you, Ms. Jolly.

- Was it this boy that
actually clipped the lock,

or was it the other boy?

- I believe it was
the other one.

- And was it this boy
that rode away on the bike,

or was it be other one?

- The other one,

but he ran alongside.

- Officer, you say you caught
my client on the bike.

It's that why you arrested him?

- Yes, ma'am.

The bicycle was stolen.

We caught your client
while he was riding it.

- And you never
saw him before this?

- That's correct.

- Never saw him while
the bicycle was being stolen?

- That's correct.

- I think it went okay.
- Oh, it did.

So good, you should rest.

- What, and not put
Michael up there?

- I don't think
they made the elements,

and Michael could blow it.

- Yeah, but if he doesn't
tell his side--

- Beck, when you first
interviewed the kid,

you didn't believe him.

- Yeah, I know,

but he was there
at the scene laughing.

I mean, he was caught
riding the thing.

I think he has
to account for that

for us to have a chance.

- You could go either way.

It's a close call.

- I'm gonna put him up there.

- You been
over his testimony?

- Oh, at least 20 times.

- What about
an interlocutory appeal?

- She's not officially
blocking self-defense.

She's just nudging us
for our own good.

- I think it's back
to temporary insanity,

which means
you've got to count the ways

you loved that cat.

I'm sorry,
but we are in a hole here.

You pulled that trigger
five times.

You bought the gun specifically
because of this guy.

Your threat
to kill him is on record.

I still think
the jury will sympathize, but...

- I...

I didn't go to the door
to kill him.

It just...

A gun.

You can kill with just a twitch.

[dramatic music]

I didn't go to the door
to kill him.

♪ ♪

- I'm not saying
I tried to stop him.

I didn't.

And I did ride it.

But I didn't steal it.

- Michael, did you
encourage your friend Jimmy

to steal it?

- No.

Maybe I should have stopped him,

but I wouldn't steal
anyone's bike.

I don't steal.

My mom,
she raised me to be honest.

- Do you think
you behaved honestly here?

- Not totally.

I just kind of went along.

But it was Jimmy who did it.

- You just kind of
went along with it?

- Yes.

- You wouldn't steal a bike
because you are honest?

MICHAEL: Yeah.

- Two years ago,
you stole a bike, didn't you?

- Objection!
- Overruled.

- Didn't you steal a bike
two years ago, Michael?

- I was never prosecuted for it.

- Have you ever been caught
cheating in school, Michael?

- Objection!
- Overruled.

- Sidebar, Your Honor.

Prior bad acts
are inadmissible.

She can't talk
about other things

unless they're felonies,
which none of these were.

- I agree, Ms. Washington,
but the witness opened the door.

He introduced his honesty.

Now, once he does that,
she can cross-examine.

- It's too prejudicial.

- You should have
thought about that

before putting the kid up there.

- You're kidding me.
- I take the blame.

I didn't know she was gonna
ask the kid about being honest.

I take the blame.

- Where is she?
- Conference room.

- Bobby, let me.

We've all done it,
and you'll do it again.

- This was a stupid one, Eugene.

I probably shouldn't have put
him up there to begin with.

- Well, that's over.

The main thing
in a trial, Beck,

you can't think
about what you did.

You've got to keep your eye
on where you are.

Now, Jimmy thinks
you've still got a shot.

Is that your closing?

- Yeah.

- You really think
the kid is innocent?

- I do, actually.

- Then don't get up there
and make a speech.

Talk to them.

Get rid of all
this reasonable doubt stuff.

The judge will instruct on that,
anyway.

Just talk to the jury simple.

Your personality,

there's a sincerity
that comes out of you.

That's gonna be your greatest
strength in that room.

If you get up there
and just start thumping,

you'll be like
every other lawyer.

- Okay.

Thanks.

Okay...

[indistinct chatter]

[elevator bell dings]

- I'm not going to allow it.

- I'm afraid you have no choice.

- I'm his mother,

and I'm gonna protect him
if no one else will.

- Mrs. Walsh.

Here are two subpoenas.

One's for you,
one's for your son.

I know this is hard,

but I cannot let
a murder defendant go free,

which is what would happen.

If you fail to show, I will move
for a contempt order.

I will get it.

And you will be put in jail.

- What's inside of you?

- On cases like this, what's
inside of me is irrelevant.

It's also the last place
I'd let myself go.

- Eugene!
I need those timesheets, Eugene.

- You'll get them.
- I'll get them today.

None of this "end of the week,
try and remember" business.

We do our timesheets every day.

Ellenor, too.

Where is she?

- Why did you hire her?

- I had to steal her, Eugene.

She's a one-woman army,
which is what we need.

- Bobby, good,
you've got to make a decision

who gets that office.
I'm moving Rebecca off my desk.

- Ellenor has seniority.

Lindsay, I have an idea.

- What?
- In my office.

- They're meeting me there?

- Courthouse.
Mother and son.

- Involuntary manslaughter?
- Not manslaughter.

Straight involuntary,
as in no intent.

- What?

- He didn't mean
to pull the trigger.

- Five times, he didn't mean it?

- What he said yesterday,
he killed in a twitch.

I remember once,
I was in an argument.

I was screaming back
and forth with this guy.

Suddenly, my hand hurts.
I look down,

and I'm squeezing
this book I'm holding.

I didn't know I was.

I didn't mean to.

I was just squeezing the book
in anger.

- Yes, but our client
squeezed a trigger.

There's a difference.

- Doesn't make it
any more voluntary.

It's a theory.

More important,
the judge can't shut us down

because intent is an element
of the crime.

They have to prove it.

- Seems a stretch, Bobby.

- All we have to do is give
the jury something to believe.

Let's go see Pearson.

- Any fingerprints?

- No.

- Hairs, fibers?
- No, sir.

- Any physical evidence at all

linking this crime
to my client?

- No.

- So as I understand it,
then, detective,

the entire case
against James Parrish

is his volatile relationship
with the victim

and the eyewitness testimony
of a four-year-old child?

- That's correct.

- That's all I have.

- Ms. Gamble?

Witness may step down.

Next?

Ms. Gamble?

Call your next witness,
Ms. Gamble.

[tense music]

♪ ♪

- That's all we have,
Your Honor.

♪ ♪

- That's all you planned
to put on for this hearing?

- Yes, Your Honor.

- No physical
or testimonial evidence?

What you expect me to do?

- I would ask you
to take judicial notice

of the lineup identification.

In time, we feel we would be
able to build a physical case.

- I strongly urge you not
to call it a day here, Counsel.

- The Commonwealth
has nothing more at this time.

- I find probable cause
to be wanting.

You can re-file in the future
if you get more,

but for now,
this case is dismissed.

The defendant is free to go.
[gavel slams]

- No.

No!

[people murmuring]

- Helen, what the hell
did you do?

- We have no case, Mike.

- The kid saw what he saw!
- He's four.

Tell me I'm going to get
by reasonable doubt.

I couldn't make any case based
on eyewitness testimony alone.

I'm gonna make it
with a four-year-old?

- So you let a killer walk?

- He either walks now or later.

I cannot justify
terrorizing that little boy

after what he's already
been through.

If I thought we had a chance
at a conviction, maybe.

But you know the result
here as well as I do.

- Tell it to the victim's
parents.

- Get away from me.

- He...

He killed my baby.

[dramatic music]

You let him go.

- If we find any more evidence,
we can always re-file, but--

- That little boy saw him do it.

- I had to make
a judgment call, I'm sorry.

♪ ♪

[elevator bell dings]

♪ ♪

REBECCA:
This has to seem silly.

All of us
to be spending this much time.

The bike cost less than $100.

You people are missing work,

we've got the lawyers,
the judge.

Why are we here?

Because he didn't steal it.

Yes, he was there.

Even laughed,
rode on it later.

You might even say
he was the conspirator

or an accessory.

I bet he was.

But he's not being charged
as an accessory.

See, they're saying he stole it,

and he didn't.

Now, it would have been better
if he had intervened,

stopped his friend.

Nobody, least of all me,

is saying that Michael Baylor
acted admirably.

He didn't.

And if I were his mother...

But I'm not.

I'm the lawyer.

You're the jury.

We just address
the legal charges.

He didn't take it.

And there's nothing
they put into evidence

that proves otherwise.

And we all know
that that's the truth.

And the other truth,
the most important one?

He really didn't do it.

- Circumstantial evidence
is just that:

circumstantial.

But it can be enough to convict.

And as circumstantial
evidence goes,

he was with the boy
who clips the lock,

laughing all the way.

He runs off with the boy
and the bike.

He rides the bike

until he's caught
by a policeman.

He's stolen bikes before.

You figure it out.

- We've never really
gone into too much detail

about the moment
you squeezed the trigger.

- I thought we had--

- We just want you to listen,
professor.

Listen
until we ask you to speak.

BOBBY:
Self-defense won't work.

Five bullets and a bad jury
instruction from the judge?

We'd lose.

We could go
with temporary insanity,

but then again,
you buying the gun,

bringing it to the door,
threatening him.

I don't like our chances.

Or...you could've pulled
that trigger by accident.

You were so angry
you just sort of...squeezed.

Suddenly bullets
were coming out.

It was involuntary.

You didn't mean to be squeezing.

Who knows?

The truth lies in your mind.

Nothing you have said so far
directly contradicts accident.

So, do you think
you were acting in self-defense?

Do you think
you just lost your mind?

Or...do you think

you involuntarily

just started squeezing?

- I don't remember
pulling the trigger.

- Good.

We'll be in touch.

[door buzzes]

- Okay.

- Will you hurry up?

JIMMY: I'm washing.
- Well, wash later.

Come on.

- Take it easy.

- Why did they come back
so fast?

- It's a bicycle.
What did you expect,

they'd take a week?

- The jury has reached
a unanimous verdict?

- We have, your Honor.

- Will the defendant
please rise?

JUDGE: What say you?

- Commonwealth versus Michael
Baylor, misdemeanor larceny.

We find the defendant,
Michael Baylor,

not guilty.

- Yes.
- [exhales]

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

[gavel slams]
We're adjourned.

- You did it.

You already won a jury trial.

- Thank you.
ROBERTA: Michael.

- It took me nine years.

You've only been
a lawyer a week.

- Hey,
you better not be messing up.

- Don't worry.

- I suppose I should thank you.

- I suppose you should.

[poignant music]

♪ ♪

- First month, last,
and security,

and it's ours next week.

- Good.

- Bad day?
- Eh, normal.

How was yours?

- Well...I think
we're going back to being

despicable criminal lawyers
for a bit.

- Pearson?

- The tactics, you know?

- Well, Lindsay,
with all the scum

you've helped get off,
how could you not help him?

- Thank you, Helen.

- Mm.

Think you can win?

- Who knows?
Maybe.

I mean, there've been some cases
where involuntary's--

[dramatic music]

♪ ♪

- You stinker!