The Practice (1997–2004): Season 3, Episode 6 - One of Those Days - full transcript

Ellenor and Eugene head the defense of George Vogleman in the Susan Robin murder trial, with almost no prospect of winning. Scrapping to put on a defense, Eugene employs the infamous "Plan B" on the victim's brother, and Ellenor betrays Hellen's confidence when she calls her to stand to testify about a private conversation they had.

WOMAN: Previously
on "The Practice"...

- [yells]
- What?

- There's a head in the bag.

- It's the woman I met
at the bar last night.

- What are you doing
with her head?

- Somebody put it in there.

MAN: George Vogelman,
you are under arrest

for the murder of Susan Robin.

- The guy who killed
your girlfriend

is not George Vogelman.

Part of their case is the notion
that Susan could never



have gone off
on some one-nighter.

Can you think of anything that
could explain why she would?

- I had been
a little unfaithful to Susan.

- As I said to your dad,

I'm convinced
they got the wrong guy.

That means that this thing
was either a mission to frame

George Vogelman,

or somebody was after
your sister.

Is it possible that your sister
could have kept some part

of her life secret?

- She did spend a lot
of time on the Internet.

- Your guy was last
seen with her.

He had her head.

If George Vogelman didn't do it,



he certainly represents
reasonable doubt

for whoever did.

- What are you saying?

- They're not going to
reopen the investigation.

- I don't give orders
to the police

on how to investigate
their cases.

- I'm asking you to order them
to investigate period.

- Well, I can't order them
to keep looking

if they're convinced
they have the killer.

If their thinking is suspect,

we have the device
to deal with that.

We call it the trial.

- Jay, I really appreciate
your willingness to testify.

- I'm not going to be
that much help, Ms. Frutt.

I can't say I think
your client is innocent.

- I know, but you are
the only one who can supply

a possible reason why
your girlfriend would have gone

to a motel with George Vogelman.

- I'm not crazy
about helping the guy

who killed my sister.

- All we're asking

is that you talk
about the Internet thing.

- I can't.

- Dr. Roberts,
you know George Vogelman

better than anybody.

- But I wouldn't be able
to say that I truly know him.

I see him at work, I--

look, his being arrested
for this crime,

it's hurt the whole office.

I really don't want
to step into a witness chair

and associate our medical
corporation with him--

- He was an usher
at your wedding.

- [sighs]

And I couldn't imagine him doing
what they're accusing him of.

But nor could I imagine
his taste for pornography

or his going home
from bars with strangers.

At best, all I could testify
to is that I thought I knew him.

- Even his friends
have pulled away.

- What have you got?

- No history of violence,

reputation for honesty,

came forward
on his own volition.

- Loner.
- Advertises in the personals.

- Likes porno.
- Keeps to himself.

- All right.

- How many friends
or associates you talk to?

- Dozen.
Maybe more.

- Anybody say
they really knew the guy?

I mean, completely?

- No.
- Great.

- Okay, this is what I think.

They go to the motel,
then this woman rejected him

at the wrong time.

Maybe he felt sexually
humiliated or whatever.

This is the ultimate ridicule,
and then he snapped.

- Chopped off her head?

REBECCA: Now, what's he
going to do?

He's got no chance
of getting away with it.

He's got a better shot at making
it look like he was framed.

- So he sticks her head
in his medical bag

and the big show begins.

- Loner.
- Foot doctor.

- He did it.
- Got mad, lost his head.

- The loner.
- Is that it?

Anything else?

- There's no death penalty
in Massachusetts, right?

[dramatic music]

♪ ♪

ELLENOR: You keep your head up,
George.

Don't be shaking it, no, no, no.

Just keep your head up.

They're going to tell
their story

and then we're going to get
tell ours.

- Okay.

- [sighs]

Bathroom, anybody need to go?

- All set.
- I went.

- Okay.

- Last seen with her.

Her severed head
was in his possession.

Her blood was in his car.

As our case will show,
there is not one piece,

not one piece

of physical
or testimonial evidence

that points to anybody
other than George Vogelman.

That's because George Vogelman
gruesomely,

hideously murdered Susan Robin.

It's not even a question.

- Sometimes how things look

are not how they are,

and there's a reason
we bother with the trial.

All we ask is
that you be objective

and you pay close attention
to everything you hear.

[people murmuring]

- Mr. Tisbury.

- Commonwealth calls
Helen Gamble to the stand.

- His attorneys called
and asked me to come down

to their offices.

- Why did they call you,
Ms. Gamble?

- One of the attorneys
there is my roommate.

Another one I've dated.

TISBURY: So they figured in you
they'd get a sympathetic

district attorney.

- I don't think they were
expecting special treatment.

They wanted
to surrender a client

and hoped I could help
them do it quietly.

- Did they tell you any details
about the case?

- No, they simply asked me
to come to the offices.

They said it was serious.

- So you went?
- Yes.

- And what happened
after you got there?

HELEN: They took me into a room

and informed me that their
client had a human head

in his medical bag.

TISBURY: How did you respond?

- I thought they were joking.

Then they pointed to the bag.

- Is this the bag?
HELEN: Yes.

- Mark and identify, your Honor.

- Marked, exhibit one.

- And what happened next,
Ms. Gamble?

- They asked me to look
in the bag.

TISBURY: And did you?
- Yes.

- And what did you see?

- A human head.

[people murmuring]

- Now, Ms. Gamble, if I could...

[people murmuring]

- You got to be kidding me.
- Objection!

- Counsel, is what's in
that cooler

what I think it is?

- Chain of custody, your Honor.

- I object to that!
JUDGE: In chambers, counsel.

Members of the jury,
ten minutes.

Let's go.

- Just bringing that thing in
is grounds for a mistrial.

- You want a mistrial
on the first witness, Ellenor?

- That's a stunt
to inflame the jury.

- Would it be all right
if I talk?

It better be good.

- Your Honor, the fact that this
is so grotesque,

it's relevant.

- How?

- He had it in his bag.

Anybody who could carry
something like that around,

it's evidence of the kind
of psychotic mind

that goes with the very crime--

- First of all, he didn't know
it was in his bag.

- Even under your theory
he didn't do it,

he knowingly had it in his bag

for more than three hours

before he called--

- Because he panicked.

- You make your arguments,
I'll make mine.

Your Honor,
they'll be saying

he behaved like an innocent man.

As soon as he saw it,
he called the police.

Well, that's not what he did.

He carried it back to his car,

drove to his lawyer's office,
carried it up the elevator--

- You can introduce all that

without bringing
the head into court.

- He wants to horrify the jury,
your Honor, that's--

- I maintain that's relevant.

A reasonable
person would be horrified.

A reasonable person
would repulse

and not even approach
the bag again,

much less pack it up,
go to the car--

- Counsel--

TISBURY: It's legitimate
for the jury

to experience
some of the horror

so they can assess
what's a reasonable reaction

under the circumstances.

- The head is inadmissible.

ELLENOR: I want him sanctioned
in open court, your Honor.

The cooler alone--

- Why don't you just
be satisfied with my ruling

and leave it there?

- That's just ice settling.

- [sighs]

- He then gave me the address
of the motel

that he and the victim
had gone to.

- And did you go there?
HELEN: Yes.

Along with Detective McKrew
and Attorney Frutt.

We went there
and discovered the body.

- Mr. Vogelman cooperated
at all times, did he not?

- Yes, he did.

- In fact, the only reason
you or the police knew a crime

had even been committed

is because Mr. Vogelman
came forward.

- That's true.

- And blood scrapings
from the floorboards of his car.

- Exact genetic match
with the victim.

- They seemed friendly
at the bar,

but there was
nothing sexual going on.

- Did they leave your bar
together, sir?

- No, he left and then she left
about 10 or 15 minutes later.

[dramatic music]

- My daughter
was not a promiscuous woman.

- Well, even if she would
go to a bar,

which I guess she did,

I couldn't ever see her
going back to a motel

with some guy she'd just met.

Plus--

- Plus what?

- Sorry, but he's kind of old,

and not very good looking.

♪ ♪

- The only samples
in the room

belonged to the victim
or the defendant.

- So if somebody
else did go in there--

- It had to be immaculate.

- It's happened?

Murders leaving behind
no physical evidence whatsoever?

It has happened?

- Yes, but the odds of this--
- It's happened?

Yes or no, Detective.

- Yes.

- And, Detective, you're
familiar with the serial killer

known as the Poet?

- We don't believe
that the Poet--

- The question is

are you familiar
with the serial killer

known as the Poet?

- Yes.
- Again, yes or no.

This person decapitates
his victims, yes or no?

- Yes.

- But you ruled him out.

- The Poet severs the hands
as well

and leaves the head behind.

He doesn't take it with him.

[people murmuring]

- It's gone as well
as can be expected.

- This is going well?

Even I'm beginning to think
I'm guilty.

- Look, everything they put in,
we were ready for.

It's not like they put up
some surprise witness

that said you've done
some strange things

to cats or something.

George, you know what I mean.

We've expected
all of this testimony.

It's not that it's not damaging,

but there haven't been
any surprises.

- So what now?

- We might want to rest.
BOBBY: Rest?

REBECCA: What?
- Well, think about it.

All they've proven
is two things:

he was with her,
he had her head.

- Pretty good proof, ask me.

EUGENE: No weapon,
no eyewitness.

They tied him
to a corpse, not a crime.

- Still, Eugene--
REBECCA: You can't rest on that.

- Look, I'm not saying
it's the thing to do,

but let's face it.

What do we have?

A nice guy?

Maybe we should just
say to the jury,

"Hey, we were ready
to put on the defense,

but since they didn't make
their burden, we don't need to."

- That is such a risk.

- We already sprinkled
on the idea of the Poet.

- Any theory as to who
else could have done it?

- Internet, maybe a stalker.
- You can't rest.

- Pretty lame.
- I don't know.

- Eugene,
he looks completely guilty.

You can't just get up and say

they didn't make their burden,
that's stupid.

- Well, maybe we can say
he involuntarily

cut her head off
five times.

- Oh, that's real funny.
- Call me stupid?

- I didn't call you stupid, I
said it would be stupid to rest.

- All right.

Ellenor, what do you think?

- Well, I see Eugene's point,

but I don't think a jury
is going to let him go

on a burden of proof thing.

I think our best
defense is George.

He's honest
and he plays honest.

- If George didn't do it,
then who?

- It's not our job
to answer that question.

- Well, I realize this, but it's
the question I keep asking,

and the jury's going to be
asking it back in that room.

[all talking at once]

- If I understand
your thinking on this, Ellenor,

the police basically
stopped looking.

That should be your defense.

The only reason
we don't know who else

if not George
is because the police

never asked that question.

That's what you have to key on.

- The guy had her head
in his bag.

We're going to put the police
on trial for not asking--

- I'm not talking
about the police on trial.

- You guys are playing games.

At the end of the day,
he had her head.

That's got nothing to do
with any faulty investigation.

He had her head.

- So tell us what to do,
Einstein.

- You know something, Lindsay,
you've been bitchy a lot lately.

REBECCA: I think he's right.

We can't be playing
reasonable doubt games.

I agree with Jimmy.
- I'm a bitch?

- On his defense theory.

You have to defend George,

you can't be
attacking the police.

EUGENE: We got to do both.

We got to put George up,

let him be as convincing
as he can be,

and we got to open
the door to other possibilities.

- Excuse me, hello.

Boyfriend lives alone.

Brother, big house.
- So?

LINDSAY: So the murder took
place between 1:00 and 3:00 a.m.

Why weren't they considered?

- They were checked out.
They're both choirboys.

- Yeah, but still.

No official alibi
if everyone's asleep.

Why not plan B them?

They're going to testify anyway.

- What's plan B?

- It might be worth a try.
- Give them a soft plan B.

- What's plan B?
- Talk about a risk.

- You got any better ideas?

- All right, but first we have
to be sure it won't backfire.

- Plan B.
Soft for both.

- Comb every report,
make sure it's really available.

- They both gave statements.
- Dissect them.

- You take the boyfriend,
I got the brother.

- What the hell is Plan B?

- Basically, it means we point
the finger at other people.

It's very dangerous because
normally when the defense starts

hatching theories of their own,

the jury can shift
the burden back to us,

which we definitely do not want.

- And when you say soft--

- Our soft plan B
is we do it more gently.

Instead of accusing,
it's more like what-if-ing.

It's less likely
to alienate the jury...

But it's a risky strategy.

- Well, then why do it?

- Because we don't
have much else to go with.

[dramatic music]

What?

- The things that I've been
reading about myself

in the papers--

I'm not a big fan
of accusing people falsely.

♪ ♪

- George,

this is a murder trial here.

You're the defendant.

♪ ♪

- First, I want to thank you
for testifying, Jay,

and second,
I want to convey my sympathy.

You were
Susan Robin's boyfriend?

- Yes.
- And you loved her?

- I did.

ELLENOR: Jay, we've heard a lot
of testimony to the effect

that it was uncharacteristic

for Susan to have gone
to a bar alone,

and especially to a motel
with a man she had just met.

Would you agree
with that testimony?

- Yes.

ELLENOR: I know this is
a difficult question,

and I thank you in advance
for your honesty,

but you do know of a reason
why she may have behaved

uncharacteristically that night,
don't you?

- A possible reason.

- Could you share that with us?

- Susan had discovered me
with another woman

the day of her death.

[people murmuring]

ELLENOR: So it could have been
she went to a bar

and then to a motel
with another man

out of hurt,

as a way of lashing back?

- I don't think
she would do that.

I really don't,

but I can't exclude
the possibility, no.

ELLENOR: Jay, do you have any
information on Susan's death?

JAY: No.

- You were home
when this happened, asleep?

- Excuse me,
your Honor,

could I confer
with counsel one second?

- Make it fast.

- Jimmy interviewed
one of the cops.

This guy supposedly
was on the phone

with the other woman
until two in the morning.

- Why wasn't that on the report?
- I don't know.

But you can't plan B him,
we'll get clipped.

- What about the brother?

- Still a shot there.

I hope.

- Okay, Jay.
That's all I have.

Nothing further, your Honor.

- What happened?
ELLENOR: He had an alibi.

Look, it still went okay.

Any idea that you
maybe abducted her,

we put a dent in that.

- These are very small
victories, it seems.

- Anything new on the brother?

At all?
- No.

- I'd go hard.

- What, and look like a monster?

- I will soften it on close.

Go for him.

STEVE: Something about somebody
on a chat line.

That's all she said.

- Somebody she was having
a relationship with

on the Internet?

STEVE: She didn't really
give details.

My sister and I weren't
too close lately.

- Why was that?

- Well, since my father
had become ill,

there was a lot of tension.

I had a business that failed
and had moved back home.

She didn't think that was
helping my dad's stress level.

It was just family stuff.

The point is,

we didn't share a lot
of intimate secrets.

- Steve,
do you think this stuff,

your dad's illness,

your business problems,

could they have added
to your sister's stress level?

- Oh, I'm sure they did.

- Maybe caused her
to go to a bar

just to have a drink,
talk to somebody?

STEVE: That I don't know.

- You didn't know
she had gone to a bar?

- Me?
No.

EUGENE: Or to a motel
with Mr. Vogelman?

- No, how would
I have known that?

- Well, you'd know
if you'd followed her.

- What?

- Did you follow
your sister that night?

TISBUEY: Objection.
- Excuse me?

- Permission to treat this
witness as hostile, your Honor?

- Your Honor--

- This witness is the brother
of the victim.

Permission to treat him
as hostile?

- Go ahead.

- This business failure of
yours, did you incur any debt?

TISBURY: Is there an offer
of proof?

STEVE: What's going on?

JUDGE: Sit down, Mr. Tisbury.

- How much money did you lose,
Steve?

- About $300,000.

- You owed this amount
to people?

- I had investors, yes.

- Your father, he has
liver cancer, isn't that right?

- Yes.

EUGENE: He was diagnosed
with about eight months to live?

- Yes.

- According to his will, if you
know, who inherits his estate?

STEVE: I guess me.

- You guess you?

You're the sole beneficiary?
- Yes.

- But if your sister
was still alive,

then there'd be two
beneficiaries, wouldn't there?

- What are you saying?

- I'm saying
that it works out well

for you having your sister die
before your dad.

TISBURY: Objection.
- What?

EUGENE: If she had outlived him,

then the estate goes sideways,
maybe splits.

- Objection!
- All right.

Mr. Young.

- This witness has testified

to his estrangement
with his sister.

He has testified to his debt.

He is also the only one

to serve up
the Internet red herring,

perhaps to use
as a safety net,

in case suspicion ever
fell to him.

- Move to strike all of that.

- I am entitled
to question this witness.

- Go ahead.

- Anybody with you the night
of your sister's murder, Steve?

- I was home.

My father was home.

- Were you home
before your father went to bed?

STEVE: No.

- When did you get home?

- Probably around midnight.

- Did he see you come in?
- He goes to bed at ten.

- Ever take any medication
for depression, Steve?

- Objection.
JUDGE: Overruled.

- You ever take medication
for a mental condition, Steve?

- I take lithium.

EUGENE: For depression?
- Yes.

- Did you murder your sister
and frame George Vogelman?

- What?
TUSBURY: Objection!

- Did you follow her to the bar
then go to the motel?

TISBURY: Objection!
- Are you crazy?

- Overruled.

- It was the perfect
opportunity, wasn't it?

You could get
George Vogelman's address

by running down his plates.

After he leaves the motel,
you go inside

and make yourself
a sole beneficiary

and then go to plant
the head in George's car.

You see the bag and think,
"Ah, even better."

Wipe out a debt and sibling
rivalry all in a night's work.

- That's sick!

- Did the police
ever question you

in connection
with your sister's death?

- Of course they didn't.

- They never even brought
you down for questioning?

- No, they did not.

- Maybe you pulled off
the perfect crime, Steve.

TISBURY: Objection!
JUDGE: Sustained.

- Maybe you're that good.
- Objection!

JUDGE: Mr. Young.
- Withdrawn.

[people murmuring]

It's a shame
they never checked you out.

[all speaking at once]

Well, the jury either
really hates us--

ELLENOR: Or we created
some doubt.

I think you did great.

- Ellenor, the kid
lost his sister.

I just accused him
of killing her,

meanwhile his dad is dying.

Do not try to make me feel good.

- Here's the defendant.

- Is it possible
he could have done it?

- That's not important.

What is, is you're up next.

- Okay.

[dramatic music]

- George, you have got
to just speak the truth.

From your heart.

If the jury can see you
for who you really are,

they will have to question

whether you could have
done this,

and remember,
remember,

remember you cannot say anything
that goes to your character.

We cannot open that door,

we cannot give them any chance

to introduce those porno videos.

- Okay.

- And don't be afraid
to look at the jury.

You've got nothing to hide.

- Right.

♪ ♪

- Okay.

♪ ♪

[knocking on door]

We'll see you after lunch.

♪ ♪

- It's in his hands now.

- He'll be fine.

- You asked us to trust you.

My boy got up

because you convinced him
to honor the truth.

- Mr. Robin,
I got an innocent man

about to go down for a crime

he didn't commit.

- [yells]
WOMAN: [screams]

[people exclaiming]

ELLENOR: Eugene?

Eugene!

♪ ♪

- You just stole
my son's innocence.

♪ ♪

You're garbage.

♪ ♪

- You're gonna need
to come with us.

♪ ♪

- [groans]

Ow!

- Last one.

I can freeze it some more.

- It's okay.

- Excuse me.
- I'm Lucy Hatcher.

I have new clothes for him.

He's due back in court.

- Can you wait outside?

- Sure.

Wow.

He just bashed your head in

for calling his son the killer?

- Something like that.

- Make sure you tell him
to rub vitamin E on.

It'll help with the scar.

- Thank you.

You know,
you really could wait outside.

- Sure.

Ellenor says it's a half hour
until George.

- And when I opened my bag,
there it was.

- Her head?
- Yes.

- And what did you do next?

- First I went
into a little shock.

Then I came to you, my lawyer.

And together
we went to the police.

- Do you know of anybody who
would want to incriminate you

like this?

- No.
ELLENOR: George.

You have to know how this looks.

Can't you tell us anything?

- All I can tell you is
I didn't kill this woman.

We made love.

I left,

and she was alive.

- Why didn't you go back
to your place?

Why a motel?

- My place wasn't
very impressive.

Or neat.

- You leave a bar after midnight
with a woman you've just met.

You're worried about neatness?

- Yes.

TISBURY: So you said,
"Let's go to a motel,"

and she said yes.

A 23-year-old beautiful woman.

She said, "Sure."

- That's what happened.

- And after you made love,
why did you leave?

Why not spend the night?

- I had a very early morning
at work.

TISBURY: Anybody see you leave
the motel?

- Not that I know of.

- Anybody see you when you
got home?

- Not that I know of.

- Anybody you know of
who could testify

that it's against your character
to kill a person?

both: Objection.

- Sustained.

TISBURY:
Mr. Vogelman, basically,

all you have to suggest
your innocence is your word.

Do you have any evidence
or witnesses

to corroborate your word
is worth anything?

- Objection, sidebar.

- Step up.

- He's trying to force us
into character testimony

so he can backdoor
the videos on impeachment.

TISBURY: Any witness
who takes the stand

puts his truthfulness in issue.

I'm entitled to cross.

- Attack him on truthfulness
if you want,

but don't be asking
what witnesses

or evidence he has.

Step back.

- Mr. Vogelman, are you married?

GEORGE: No.
- Girlfriend?

- No.

- Have you ever
had a girlfriend?

- No.

TISBURY: Ever been
in any relationship?

- I've dated.
- You've dated?

How old are you, sir?

- 43.

TISBURY: 43 years old,

and you've never
had a relationship?

- Asked and answered.
JUDGE: Sustained.

TISBURY: What about
high school, even?

Did you go
to your high school prom?

- Objection.
- Sustained.

Let's keep things current,
counsel.

- Do you meet women
through the personals?

- Sometimes I do.

- Do you sometimes go to bars,
meet women there?

- Yes.

- Ever meet a woman
on the Internet?

Ever meet a woman on
the Internet, Mr. Vogelman?

- Yes.

- Are you the man
Susan Robin met on the Internet?

- No.

TISBURY: Did she go to that bar
to meet you,

the man on the Internet?

- No.

I met her at the bar.

I never communicated
with her on the Internet.

TISBURY: Just one last
hypothetical, Mr. Vogelman,

and then I'll be done.

Say this woman meets a man
on the Internet.

He maybe oversells himself
just a little.

She agrees to meet him.

She's disappointed.

Rejects him,

and this man, who's been
rejected so many times,

has finally had enough.

- Objection.

This is an argument,
not a question.

- Enough is enough,
right George?

EUGENE: Objection!
JUDGE: Sustained.

- Do you have any more
questions, Mr. Tisbury?

- No, your Honor.

I don't believe I do.

JUDGE: Counsel.

Ms. Frutt.

- Nothing, your Honor.

- The witness may step down.

- Any ideas?
I hate to rest on that.

- Should we redirect?

- I don't think so.
It could get worse.

- Maybe we--

- What?

- I have an idea.

- The defense recalls
Helen Gamble.

She's right back there.

[dramatic music]

- Ms. Gamble, step up, please.

♪ ♪

- What are you doing?

JUDGE: Ms. Gamble,
please take the stand.

♪ ♪

I remind you,
you're still under oath.

♪ ♪

- What's going on?

♪ ♪

- You testified the reason
we called you that day

is because of your relationship
with our office.

- I assumed that was the reason
you called me.

- Well, does our office
enjoy a certain trust with you?

- I would think so.
- And a candor?

- Yes.

- And in the spirit
of that candor,

did you and I
have a conversation

about this case last week?

- Objection.
JUDGE: Overruled.

- Did we talk about this case?

Ms. Gamble,

did you and I discuss this case?

- Briefly

and generally.

ELLENOR: And did you tell me
that the police

and the D.A.'s office both

just wanted to check "solved"
in the little box next to--

- Objection.
- Overruled.

- Let me speed things up.

Did you basically tell me that,
given the publicity,

a conviction
is desperately needed here?

That if anybody else
were charged with this crime,

your office would never get
that conviction?

Since George Vogelman,

having the head
in his medical bag,

would guarantee reasonable doubt
to whoever else was charged?

And because of that, the police
and the D.A.'s office,

on at least
an unconscious level,

might want to believe that
George Vogelman is the killer,

and, therefore, not bother
to look for anybody else?

Did to share all that with me?

- First, I have no direct
information on this case.

Second--
- Please just respond.

- I am responding.

It was a long question, counsel.

- Your Honor.
- She can answer.

- I never suggested
or even hinted

that somebody else
besides George Vogelman

committed this crime.

- I didn't ask what you thought.

- And I never suggested
that the D.A.'s office

wasn't convinced
of your client's guilt.

- Did you say they might not
want to look further?

That it's easier to believe
you've got the right guy

when there's pressure
to get a conviction?

- I said sometimes
it's been known to happen.

I didn't say it happened here.

- Yes, but you said
it's been known to happen

in a conversation
about this case,

didn't you?

- Again, I have no reason

to believe that
this particular investigation

has been anything
but proper and thorough.

- Thank you.

That was a good answer
for the team.

- Are you suggesting
the investigation's tainted?

- Do you think
there was collusion

between police
and the D.A.'s office?

- I've got nothing
to say right now,

I'm sorry.

[all speaking at once]

- Get out!
What the hell was that, Ellenor?

- Helen, I'm sorry.

- You just cut my legs out!
Sorry?

I tell you something
in confidence

and you ambush me in open court?

- I had to make a choice.
I had a duty to my client--

- No good!

You've screwed me and this
office for the last time.

- I was backed into a--
- That's crap.

- She's right.

- What was I going to do?

Tell George, "Hey, I could've
saved you, but"--

- George isn't the only client
in this firm.

- No, Pearson is.

BOBBY: She's right, Ellenor.

We need our credibility with
every case, not just this one.

- It's not something
I plan to do.

- But you did it!

We have to rely on relationships
with D.A.s a lot.

Sometimes those off-the-cuff
conversations

make the difference.

You think any D.A. down there

is going to want
to talk to us again?

- So, I should let George
go down so we can preserve

our invites
to the Christmas parties?

- Yes.

Our dialogue
with that office

is more important
than any one case!

LINDSAY: I've got to deal with
them on sentencing next week.

I'm sure they'll
be in great moods too.

- Oh, get over your professor,
Lindsay.

What did you do,
sleep with the guy?

[crash]

BOBBY: Hey, come on.
EUGENE: Ellenor.

LUCY: I love it
when girls fight.

It's better than hockey.

- Quiet, Lucy.

Back up, Ellenor.
Back up.

You too.

I don't care
what the stakes are.

If the D.A. has
an off-the-record conversation

with any of us,
it stays off the record.

Otherwise,
it's like Lindsay says,

we lose our credibility
in every case.

- Well, tell that
to the drowning man,

that you're more concerned
about the boat.

- I am not talking
to a drowning man, Ellenor.

I am talking to you.

- Let's everybody
settle down a little.

There's a lot of stakes
for a lot of people.

Tearing each other new armpits
isn't going to help anybody.

- Of course they had to arrest
George Vogelman.

The victim's head
was in his possession.

I don't blame the police
for thinking he did it.

How could they not?

How could you not?

But there's a reason
nobody saw him commit the crime.

There is a reason there was
no weapon connected to him.

He didn't do it.

Who did?
I don't know.

You heard my co-counsel
grill Susan Robin's brother

as a possible suspect.

Well, let me admit a truth.

We don't have
any direct evidence

to conclude the brother did it.

If so, we certainly
would have offered it,

but he did have a motive.

He was estranged from her,

his debt, the will,

his whereabouts at the time
can't really be accounted for.

He could have done it.

The reason we can't know

is because the police
never really bothered

to check that out.

Steve Robin said himself

that they never even
questioned him.

Imagine.

He has motive,
opportunity,

no alibi, and they didn't even
investigate him

as a possibility.

Why?

Because the head was found in
George Vogelman's medical bag.

And Jay Hickman,
Susan's boyfriend?

I have no reason
to believe that he killed her,

but his whereabouts
can't be accounted for either.

Motive?

Well, she was with another man
in a motel.

And just who was
she talking to on the Internet?

There are a lot of questions
left unanswered here

because the police
never really looked.

You heard
District Attorney Helen Gamble

admit it's possible they didn't
want to find anybody else

because they needed
to get a conviction on this,

and the head, being
in George Vogelman's bag,

he was the only one
they could possibly convict.

Easier to stay with him
and not complicate it.

Any evidence offered
as to George Vogelman's motive?

No.

And why,

if he is supposedly
trying to get away with a crime,

does he put
the victim's head in a bag

and go to the police with it?

Does that make sense?

And let's not forget
about the Poet,

a known serial killer out there,

in the Boston area,

that has an MO
for decapitating victims.

Has anybody accounted for him?

There are a lot of questions
that need answering.

Questions that were
never asked or explored

because this just seemed
so simple.

The head was in his bag.

He must have done it.

Well, he didn't.

I have no doubt the prosecution
needs that conviction.

They surely do,

but they are prosecuting
the wrong man.

- No evidence,
not even microscopic,

of anybody else
being in that room

except George Vogelman.

Defense counsel gave us
quite a show, didn't they?

The brother did it.

No, maybe it was the boyfriend.

How about that serial killer?

Forensics combed that room.

There were saliva samples,

fibers from clothing,
semen,

hair strands,
fingerprints.

They didn't go
to a serial killer

or Susan Robin's brother
or her boyfriend.

They all belonged
to George Vogelman,

the man who says
he went home alone.

The man who sits there
with no alibi.

Yes, it was easy
to conclude he did it,

and on top of all
the insurmountable evidence

at the scene,

he had the victim's head.

My God, he decapitated a woman,

and his lawyers
have offered you nothing

but spin as a defense.

Did they put in one piece

of physical
or testimonial evidence,

anything at all exculpatory?

No.

Just spin.

"He did it.

"No, he did it.

Look there.
Over here."

Don't forget
that police conspiracy.

Collusion with the D.A.

And they expect
you to let him go?

They're not insulting
your intelligence,

ladies and gentlemen.

They're assuming
you just don't have any.

[dramatic music]

♪ ♪

- Got any predictions?

- Innocent, guilty, or hung.

- How long before--
- There's no telling.

- Eugene,

could you excuse us a second?

- Sure.

- All the evidence is closed,
right?

- Yeah.

- Then I'm going
to tell you something.

We both know
I've always had some motive

to tell you I'm innocent.

It allowed you
to let me testify.

It allowed you to--

I don't know,
try harder,

but now,

the evidence being closed,

it doesn't matter what
I tell you.

I didn't do it.

♪ ♪

When you looked at me
a few months ago,

you said you believed in me,

but you couldn't
fully trust yourself

to believe in what you believe.

♪ ♪

You can trust yourself, Ellenor.

♪ ♪

You've been right all along.

♪ ♪

I didn't do it.

♪ ♪

- You know,
in the future,

if you're going to hurl
a book at someone,

it should be at somebody
your own size.

She was about to flatten you.

- I'll try to remember that.

- And also, I'm a pretty good
judge of character.

Ellenor, I think,
normally she's peaceful.

But when riled,

she looks dangerous.

- Well, maybe
you should tell her that.

- You think I'm crazy?

[screams]

I knew you were there.

- Right.

I'm sorry what I said
about Pearson.

- I know.

I'm sorry about the book.

[phone ringing]

LUCY: Donnell, Young, Dole,
and Frutt.

- And I'm sorry
about my intent to flatten.

I know saying sorry isn't
going to cut it for Helen, but--

- I'll work on her.

- You guys.

Verdict.

- Will the defendant
please rise?

♪ ♪

Mr. Foreman, the jury
has reached a unanimous verdict?

- We have.

♪ ♪

- What say you?

♪ ♪

FOREMAN: Commonwealth versus
George Vogelman,

on the count of murder
in the first degree,

we find the defendant,
George Vogelman,

not guilty.

[swelling instrumental music]

♪ ♪

- I thought I'd never hear that.

♪ ♪

- The defendant is free to go.

[gavel thuds]

♪ ♪

[all speaking at once]

- Is it really over?

- Yeah.

- Thank you.

Thank you.

I don't know really what to say.

♪ ♪

For so long--

[sobbing]

♪ ♪

[upbeat funky music]

♪ ♪

- You stinker.