The Practice (1997–2004): Season 3, Episode 7 - Trench Work - full transcript

WOMAN: Previously on
the "The Practice"...

- What say you?

- We find the defendant,
Anderson Pearson, guilty.

WOMAN: No!

JUDGE PATTERSON: It is not
evident on the record

that Judge Hiller actually
ruled in this matter,

thereby prohibiting
self-defense.

The conviction of
Anderson Pearson, therefore,

stands.

- We screwed up by not appealing
Judge Hiller's ruling.

That's what cost us that appeal.



It was malpractice!

- You're trying a kid
for murder.

A kid you know
didn't commit murder--

- Stop telling me what I know.

At best, your boy saw
a 15-year-old girl

getting mauled
and went for a walk.

At worst, he killed her.

Either case, I have no problem
putting him away.

WOMAN: We find the defendant,
Kevin Peete, guilty as charged.

- What now, Helen?

You got your conviction,
but for the wrong guy.

MCKREW: Boyfriend bludgeoned
the babysitter.

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

- Why?
- 'Cause this is the witness.



- He's four years old.

- Every defendant has a right
to confront his own accuser.

Without the four year old,
a killer walks.

- 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.

- This case is dismissed.

The defendant is free to go.

- No!

- As I told your dad,
I'm convinced they got

the wrong guy,
and if they do,

that means that this thing
was either a mission

to frame George Vogelman

or somebody
was after your sister.

- She did spend a lot
of time on the Internet

talking to people
she didn't know.

- Would you say that in court?

- I guess.

LINDSAY: Boyfriend lives alone.

Brother, big house.

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?

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

- Plan B, soft, for both.

- Did you murder your sister
and frame George Vogelman?

TISBURY: Objection!
- What?

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

TISBURY: Objection!
- That's sick!

- You asked us to trust you.

- [yelling]

- You just stole
my son's innocence.

- He's got to apologize.

If he says he's sorry--
- He said he's sorry.

What do you want--
- Who, Clinton?

- Pearson, sentencing
is tomorrow.

Hiller goes for contrition.

I'd actually rehearse him.

A good show of remorse

can be the difference
between 18 and life.

- Actually, um, I'm thinking--

- Thinking what?

- I'm gonna ask her to reduce
the charge to manslaughter.

- What?

LINDSAY: That's what it
really was.

- Whoa, whoa, whoa!

- They convicted him of murder
because manslaughter

wasn't unavailable,
not because it wasn't--

- Of all the judges
that won't fly with--

- Judge Hiller's
the last person on earth--

- She's all I've got.
- Lindsay.

- I've done the research.

- We need to talk about this.

- Wow.

Looks like clients
are paying their bills.

- Tommy.

- How you doing, Bobby?

Jimmy.
Hey, Ellie.

- Hey, Tommy.
- What's up?

- Well, this is
a little delicate.

That's why I'm here in person.

Actually, I had kind of a long
night of the soul before I--

I represent
Steve Robin and his dad.

We're suing you.

- What?
BOBBY: What?

- I know.
I'm not too thrilled.

But--oh, and I had to name
you guys personally too

in case you try to dissolve
the partnership or something.

- Steve Robin?

- Yeah, brother of the victim
in your Vogelman trial.

Eugene accused him
of being the killer.

That's defamation,
intentional infliction.

- You can't sue for that.
We have qualified immunity.

- Well, you're probably right,

but my research says
we might make a go of it.

- You got a lot of nerve.

TOMMY: Well, thing is,

you say something like that
to a grieving brother,

accuse him of killing
his own sister

when you know he didn't it,
that's bad.

Personally,
I don't think it's an excuse

that you said it in court.

Oh, and look,

I have to go for leans
on all your property.

Got to protect the judgment,
you know how it goes.

The hearing on that is tomorrow.

It's ex parte
but I tell you anyway

because we're all
in the same fraternity.

So be seeing you.

[door clangs]

- He can't sue
for what you say in court.

- Well, he has.

- $30 million?

God, hope you don't lose.

[dramatic music]

♪ ♪

- There is qualified immunity
for what is said in court.

- Ellenor, Jimmy, Rebecca,
I want you to all get on this,

research it, draft a memo.

Ellenor, you take the hearing.

Jimmy, notify our insurance.

- This case is bogus--

- I am not taking chances.

We don't want Tommy Silva
ever getting this to a jury.

Lindsay, in my office.

You already went to appeals

asking them
to overrule Judge Hiller.

- And I almost won it.
You said so yourself.

- The point is she doesn't like
it when lawyers go running

behind her back
saying she screwed up.

- Oh, please.

- And springing this on her
at sentencing--

- I'm not springing it.
I'm filing--

- You want Pearson
hit with life?

Because that's
what's gonna happen.

- Not if I persuade--

- I know Zoey Hiller.

Your best shot
at a reduced sentence

is Pearson taking
responsibility for the crime.

If you go in there still
battling a conviction--

- I think you're wrong!
- Lindsay.

- Your strategy is the reason
he's in jail, Bobby.

Don't tell me--

I'm sorry.
I didn't mean that.

- Yes, you did.
You keep saying it.

You must mean it.

- It is not unheard of for
a judge to convert a sentence.

- Cowboy judges, maybe,

but she isn't that.

She is by the book.

She will rebel against this

and your professor will end up
doing more time

than he otherwise would.

- [sighs]

- Trust me.

- Excuse me, Ms. Gamble?
- Yes.

- I thought that was you.
Edward Harrelson.

- Hello.

- Well, have you been able

to come up with any more
evidence to make the arrest?

- I'm sorry, you are?

- Edward Harrelson.

My daughter was killed
by the Parrish boy.

The witness is four years old.

- Oh.

- Well, do you have
any new evidence?

- Uh, not that I'm aware of, no.

- Well, have you checked?

- Well, I will check
and get back to you.

- You will check?

- Today, I promise.

- I don't mean to be a pest.

He killed my daughter.

- I felt about 2 inches tall.

- Nothing's changed, Helen.

The four-year-old's
all we've got

and he gets less reliable
the longer we wait.

- Nothing physical,
no partial print, tire print?

- Trust me, we've tried.

[sighs]

I think we're gonna
have to be honest

with the girl's parents, Helen.

The kid who killed their
daughter's gonna stay free.

- There has to be something
we can do.

[sighs]

- It is risky.

The rest of your life
is in our hands.

If I get her angry--

- Well, can't you
bring the motion

without getting her angry?

- Yes.

I mean, I'm certainly not
going to antagonize her,

but she has little patience
for anything unorthodox,

and showing up at sentencing
asking her to reduce the charge,

that's unorthodox.

- The upside?

- You're looking at 20 minimum
on murder two, probably 25.

Manslaughter, out in maybe four.

- But if we get her angry,
I get life.

- It's your call.

- Let's go for manslaughter.

- Tommy.

Hey, Dave.
DAVE: Hey, Jimmy.

- Can I steal you a second?
- Yeah, yeah.

I'll see you, Dave.

- Off the record.
- Sure.

- Between you and me,

I think what Eugene did
to that kid was out of line,

but going after lawyers
for what they do

or say in court--

you're sure you want
to be doing this?

- Like I said,
it was a tough call.

I mean,
the father and the brother,

they were in my office in tears.

My heart went out.

- I've known you a long time.

You're a good guy.

- Appreciate that.

- This is kind of a small town.

A lawyer who sues
other lawyers--

you got to look at
the big picture here.

- You know, Jimmy,

I appreciate you taking the time
to look out for me like this.

I hope to pay back one day.

[dramatic music]

♪ ♪

[doorbell rings]

♪ ♪

- Ms. Gamble.

- Can I come in?

[dog barking]

- Sure, sure.

Danny, you remember Ms. Gamble?

Can you say hi?

- Hi.
- Hi.

- Let's go in the kitchen.

- I, uh...

I know the last thing
you're gonna want to hear

is me asking again

that your son testify
at a probable cause hearing,

but the killer is still
out there, Ms. Walsh.

What if he were
to kill somebody else?

- I have never denied being
totally selfish about this.

- No, you haven't been selfish.

You've been Danny's mother.

- And I still am.

HELEN: See, the thing is,

different public defenders
are in the courts

on different days,
ready to take appointments.

Some are aggressive,
some aren't.

Some are lazy, some aren't.

Some have little boys
of their own.

- What are you trying
to tell me?

- There's one woman PD.

It would go against her grain
to be rough on a little boy.

If--if we could arraign
the Parrish kid

on the same day
that she was in the court--

- And suppose the kid manages to
hire his own lawyer this time,

or the case gets reassigned.

Ms. Gamble,
Danny still has nightmares.

Two weeks ago, they flash that
Parrish boy's face on the news

and he started to cry
and shake all over going,

"That's him.
That's him."

I cannot let this--

- If I could give you
some assurance--

- I am sorry.
Please.

- All right.

I at least had to ask,

and the idea that--

♪ ♪

- What?

- You said he was pointing
at the TV going, "Him."

- Yeah.

HELEN: And he was upset?

- Almost hysterical.
Why?

♪ ♪

- Ms. Walsh,
would you be willing to testify?

- Me, but how can I?

I didn't see anything.

- If I could persuade the court

to let you testify
instead of Danny, would you?

♪ ♪

- I guess I owe you that much.

♪ ♪

- Arrest him.

♪ ♪

- I'm meeting Lindsay
at the courthouse.

I should be back by lunch.

You guys set?
- Yep, were ready.

Jimmy got all the research
on attorney immunity.

The case law looks good.

BOBBY: You know who's sitting?

- Papp.

- Can I help you?

- I'm looking for, uh, him.

I just want you to know

I hoped to deliver
the summons myself,

but, uh,

Mr. Silva didn't think it smart.

- Since you're represented
by counsel, Mr. Robin...

I really shouldn't speak
with you.

PETER: I came to make
one request.

The doctors
give me about six months.

I would appreciate you
not dragging it with delays

like I know lawyers
are capable of doing.

Win or lose,
I'd like to play this out

before I go.

- All rise.

Be seated.

- I'll hear from the defense.

- Your Honor,
I have a motion together

with a memorandum of law
asking you to commute

Mr. Pearson's conviction
of murder in the second degree

to one of manslaughter.

It wasn't my intent
to surprise the court.

I just made this decision.

I'm certainly willing
to give the Commonwealth

time to respond.

- Your Honor,
I take strong exception.

If she had time
to draft a memorandum,

she had time
to make a phone call.

- To the court as well.

- I'm agreeing to time now.

- The motion is denied.

- Well, I would
like to be heard before--

JUDGE HILLER: If you felt
your client

should have been charged
with manslaughter,

you should of raised it
before trial.

- We have no right or authority

to tell the Commonwealth
what to charge.

- So what are you doing now?

LINDSAY: You have the right,
as a judge,

in the interest of fairness--

- Yes, and if you asked me
to consider it, maybe--

- You can act without a lawyer
having to ask you--

JUDGE HILLER: You're not
fooling me, counsel.

You kept this card in your deck.

Go through with the trial
and if we lose,

argue prosecutorial misconduct,
not to charge manslaughter.

- That's not what I'm doing!
JUDGE HILLER: It is.

You're looking for a free bite.

- I am not looking for you
to take--

- The answer is no!

- Hey!

Can you at least read it?

If you want
to hold me in contempt, fine,

but you have been strong-arming
this case from the start!

This stinks!

- I'm glad you didn't set out
to antagonize her.

- That's the first time I've
really lost it since I was six.

Playing my brother
at Candy Land,

I sent the board flying.

- Lindsay, you lost it with me
a few weeks ago over this case.

Now I'm gonna go see
Judge Hiller

and try to talk you out of jail.

Then...

I think I should take over.

- You're not ready on this.

There's a lot
of research involved--

- I can take over
on straight sentencing.

I think we should just drop
this Hail Mary for manslaughter.

- Pearson wants to go for it.

- You talked him
into going for it.

Even if there was a shot,

which I don't think
there ever was--

- This is my case!
- It isn't your case.

It's our case.

Pearson came in looking
to hire me, remember?

You co-opted this case,
I let you,

but I'm taking over now.

I just hope it's not too late.

- 22664, Commonwealth
versus James Parrish,

murder in the first degree.

- Michael Forbes
for the defendant, your Honor.

We'll waive reading.

I'll also be asking that
my client be released,

O.R. pending--

- The Commonwealth is opposed
to any bail, your Honor.

- This is the second time
they've arrested my client.

They couldn't even satisfy
probable cause the first time--

HELEN: This time we can.

FORBES: It amounts
to harassment.

- The defendant committed
murder, Your Honor.

Under current law,
it is not considered harassment

to arrest him.

- I'm denying bail.

PC hearing tomorrow at 10:00.

That's all.

[gavel thuds]

- He has his own lawyer.

- A pretty aggressive one,
actually.

I've been up against him before.

- Great.

- Danny won't be taking
the stand, only you.

Come on, let's go to my office,
go over your testimony.

ELLENOR: The law is unequivocal.

A lawyer enjoys immunity
for conduct which occurs--

- Qualified immunity,
not absolute.

- Oh, come on, Tommy.

This is a murder trial,

a case where the police
failed to investigate.

We certainly have to be allowed
to consider other suspects.

- Of course you do,
but that doesn't give you

the right to make
bold-faced lie accusations.

- We didn't do that!

- Your Honor,
you have the transcripts.

They called my client
the killer,

said he killed his own sister,

and our complaint alleges
they didn't have

a good-faith belief
in that accusation.

ELLENOR: If you read
the transcripts closely,

you will see we raise
the possibility.

There is a big--

- Here's the newspaper
from the next day:

"Defense Accuses Brother."

- Oh, so, we now rely on
journalists to state the facts?

- My point is

this kid had to walk around
every day

with people
looking at him funny.

"Did he kill her?

Always a little truth
behind stuff like that."

They painted him as hapless,
desperate, and homicidal,

all as part of the defense plan
to get their client off,

and it worked.

Good for them.

Mr. Vogelman walked,

but Steve Robin got left
with his reputation crippled.

They say they have immunity
to behave this way.

I disagree.

Acts in court
have to be conducted

in good faith
and there's warrant.

ELLENOR: Who's kidding who?

Look at what the prosecutors
were doing.

They withheld evidence
from us in this case,

they pretty much
didn't even investigate

for fear the true facts
would screw things up,

they had our backs
up against a wall,

and we did everything
and anything

we could to fight back,

and now he's suggesting
that witnesses

who get cross examined
a little too tough

should be allowed to sue us?

That is laughable!

- Someone calls you a murderer,

I doubt you'd laugh.

ELLENOR: Come on, Tommy--
- All right.

You've made your arguments.

Now I'm going to think about it.

- Knock, knock.

- What a nice surprise.

I, um, I assume you're here
to invite me to a movie?

- It's her law professor.
She's...

she's emotionally caught up
in the whole thing.

- Oh, I see,

and I should have anticipated
having a brief

hurled at my head.

- She's sorry.

- Is it me or--

I seem to be hearing that a lot
in court lately.

"I'm sorry."

Did I miss something?

Did "I'm sorry" suddenly become
an affirmative defense?

- Well, truth
be told, Your Honor,

you stepped a little bit
over the line yourself.

Not bothering
to even read the brief?

- I don't need to read
the brief.

All I had to do
was look at the letterhead

and see your firm's name
attached to it.

- What's that supposed to mean?

- It means
all you people do is stunt.

You argue jury nullification
every chance you get

or moral duress--

- We didn't.

- In this one,

you came in claiming
self-defense,

then you switch
to involuntary act--

- It's called a zealous defense,

which every client
is entitled to.

- Was it a zealous defense
last week

when Eugene Young
stood up in court

and accused the victim's own
brother of killing her?

- That case has nothing
to do with this.

- It has everything to do with
who and what your firm is.

You even blindsided
Helen Gamble,

calling her to the stand.

You don't play straight, Bobby,

and I am so sick of it!

So when you walk in here
after a verdict

with yet another
of your little tricks,

don't expect me to give you

the benefit of the doubt!

- I expect you to read
the brief!

I expect you not to punish
a criminal defendant

just because
you don't like the lawyers!

I expect you to rule
without letting

your own personal feelings
get in the way--

- You should've thought
of that--

- Let me finish!

- I don't have
to let you finish.

I am the judge!

- Then act like one!

You're angry at Lindsay Dole

because she got
the appeals court

to say you were wrong!

- It isn't about that!

- Not to mention
stubborn to admit.

- Get out of this room!

- You used to be about fairness.

Now you're all about ego.

You're not the judge I used
to respect, that I do know.

- Keep talking.
Keep talking.

- What I don't know
is what happened

to make you so embitter.

As an officer of the court,
I hold you in contempt!

- What time did you get out?
- 10:00.

- I thought this was a judge
you were on good terms with.

- So did I.

Where are we on Robbins?

- Arguments went okay.

I'm drafting up a 12(b)(6),

but we may have
a much bigger problem.

Our malpractice carrier says
we're covered

on negligence claims,
but intentional infliction,

we're on her own.

BOBBY: What?
- Excuse me?

- They're calling it
a supervening act.

- They can't do that.
It happened in court.

We're getting sued
for what happened in court?

- All I'm telling you
is what they're telling me.

- So if we lose,
it's $30 million

out of your own pockets?

- I thought this thing
would be kicked.

That's what you guys
have been saying.

ELLENOR: The judge
should rule today.

- The sooner the better.

We don't need this kind
of publicity.

- What's happening with Pearson?

- Back in again today
on sentencing.

I'd like to stay on it.

- Well, she's probably
more angry at me now anyway.

Can you keep it under control?
- I promise.

- And on sentencing,
don't be going for manslaughter.

- I'd still like to try.

- Lindsay, she denied
the motion.

- I can renew it.

- We're playing fire
with a big cannon here.

LINDSAY: I would just like her
to hear it.

No!
- The man is 57.

25 years is like
a life sentence anyway.

- Why don't you
let Pearson decide?

- His face came on
the television screen.

It was on the news or something.

- The face of James Parrish?
- Yes.

- And what happened, ma'am?

- Danny become very distraught

and just started crying

and pointing to the television
saying, "There he is."

That's the man who killed Cindy.

- Ms. Walsh,

the night after Cindy Harrelson
was killed,

did you accompany your son,
Danny,

to the police lineup?

- Yes, I did.

- And was he able
to identify the person

who killed Cindy Harrelson?

- Yes, he pointed to that man,
right there.

- Thank you.

That's all I have.

- You may step down, Ms. Walsh.

- Your Honor, I would move

that Ms. Walsh's entire
testimony be stricken.

It's all hearsay.

- Testimony regarding the police
lineup is arguably hearsay,

I admit, but as for what
the boy saw on television,

what he then said,
that's admissible.

- Oh, come on.
HELEN: Excited utterances.

Ms. Walsh testified that her son
was crying and became

very distraught upon seeing
Mr. Parrish's face

on television.

While in that excited state,

he identified Parrish
as the killer.

- This is legal gamesmanship.

- Rules of evidence
aren't gamesmanship.

The court now has before it
admissible testimony

identifying James Parrish

as the person
who killed Cindy Harrelson.

- She is back-door-ing hearsay,

trying to prevent the boy
from taking the stand,

which denies my client the right
to confront his accuser.

- Your Honor, the accuser
for the purpose of this hearing

is Janet Walsh.

- Oh, yeah, right.

- I'm finding probable cause.

This matter is bound over
for trial.

The defendant will continue
to be held without bail.

[gavel thuds]

- You'll never
make this stick, Helen.

- Something tells me I will.

Thank you.

This is just probable cause.

We still have a long way to go.

- I know.

- As it stands now,
I'm still not confident.

You have to know that.

- All right.

[dramatic music]

♪ ♪

BOBBY: My feeling is
that we already alienated her.

To do so further,
you could be at a life sentence.

- But the odds are
we're looking at 30 right now,

which could be
the equivalent of life--

- I still think a strong showing
of contrition is our best--

- Have you read the brief?
Has anybody read the brief?

MEREDITH: What's going on here?

We basically put all our trust
in you,

and you're in here
bickering like--

- Mrs. Pearson.

- Should we be getting
new lawyers?

- Meredith.

- Well, you're facing
life imprisonment.

I--I don't think they know
what they're doing.

My God.

And they've been thrown
in jail cells themselves.

They go from insanity
to self-defense

to involuntary.

Now they can't agree.

They don't know
what they're doing!

- I think--

I think I agree with Bobby.

We've got to know when to quit.

Let me make a statement.

I've got a lot
of character witnesses.

My people at my firm

still think I have a shot at 20.

♪ ♪

So we'll play it like that.

♪ ♪

I know you don't want
to give up,

but it's time.

♪ ♪

- [sighs]

♪ ♪

JUDGE PAPP: This is a big,
fat can of worms.

Allowing lawyers
to be sued

over strategies
they utilize in court.

Personally, Mr. Silva,
you strike me as every bit

the vulture you describe them
to be in your complaint,

but certainly lawyers do
have to be guided by good faith,

and Ms. Frutt,

accusing the victim's brother?

I hope you showered after.

That being said,

I'm denying
the plaintiff's motion

to attach property.

As for the complaint itself,

I reluctantly admit

that it should ultimately
be decided by a jury.

Defendant's motion
to dismiss denied.

Adjourned.

[gavel thuds]

- What's the big mystery?

I thought you'd never be talking
to us again after what Ellenor--

- I'm not talking.

This conversation never
took place.

I've got a killer by the name
James Parrish in custody.

My whole case is basically
a four-year-old eyewitness.

I don't want to put a little boy
through a trial.

Even if I did,
I'd probably have a rough time.

Jailhouse confession,
I'd do better.

He's a cocky kid.
My bet, he'll talk.

- What's all of this have
to do with me?

- This is the part of
the conversation we never had.

Your client, Kevin Peete,

currently serving time
for first-degree.

- Currently awaiting appeal.

- Which he won't win.

Look, the Parrish kid
is gonna be put into a cell

next to Kevin.

I want Kevin to try to get
an incriminating statement.

Both killed young women,
should be able to bond.

- Kevin didn't kill her
and you know it.

- As far as the law goes,
he did and he's looking at life.

Get me an admission
from the Parrish kid.

I'll bring a motion to reduce
your client's conviction

to second-degree.

I'll agree to 25 years.

That's half his life back.

- If Kevin Peete
acts as a police agent--

- He's not going in
as a police agent.

You and I never
had this conversation.

- So basically,

you're asking me to help you get
an unconstitutional confession?

- You want to shave off the life
sentence for your client.

I'm giving you an opportunity.

- I'm not gonna lie to cover--
- I'm not asking you to lie.

I'm extending an offer
to your client.

When the verdict was read,
you came over to me and said,

"What now, Helen?

What now?"

Here I am.

What now?

♪ ♪

- Okay.

Round two.

I'll hear from the defense.

- Your Honor,

I'd like to make
a brief statement,

then I'd like you to hear
from Anderson Pearson himself,

followed by three
character witnesses.

First, let me begin--

- Ms. Dole?

- I apologize, Your Honor.

My client has instructed me to
address you on sentencing only,

but as an officer of the court,
I feel duty bound to protect

the integrity of this process,

and insofar as I feel,

the prosecution's refusal

to offer manslaughter
in the alternative--

- Your Honor.
- Ms. Dole!

- And I also know
Your Honor's unwillingness

to reopen this discussion,

but with all due respect,

I would like to raise this issue
here to preserve--

JUDGE HILLER: You did raise it!

I denied it!
The record--

- I'd like to renew it
and ask for ten minutes.

That's all.
Ten minutes.

If you conclude that
I have wasted the court's time,

I will go right to my cell.

- You are pushing this court!

- I understand that.

- 10:00 tomorrow morning.

Bring your toothbrush.

- That was completely
out of line!

- Stop yelling at me!
- No, I won't stop!

You are playing games
with your client's life!

- I was careful
to stay respectful!

I don't think
I risked alienating her anymore!

- What are you doing, Lindsay?
What are you doing?

- We lost it, Bobby!
We lost that man's case--

- We didn't lose it!

- He might forgive us,
but I can't just give up

because it's one last chance!

- He shoot him five times!

- It's one last chance!
- What if she gives him life?

- I kept it under control.

I will keep it under control
tomorrow.

- I know what Meredith Pearson
said today hurt.

It hurt me too,

but that was an emotional wife.

Lindsay, we've done everything
we can do for this man.

He is a good man.

It's unthinkable for him
to live out his life in prison,

but he did pull that trigger.

That's why he's in jail.

Not because of you or me.

- I'm sorry.

I just--

in my mind,
I have to know

that I tried everything.

- So am I gonna wear a wire
or something?

- No, you're being used
as a police agent,

which means
when you talk to him

it would be an interrogation
outside of counsel.

They don't want
any record of it.

- So what happens?

- They'll put him in a cell
next to you

with the hopes you two talk,

and if you come up
with something

they can use against him--
if you d--

there's a chance you could
get out of jail one day.

A chance.

All Helen Gamble can do
is make a recommendation.

Nothing's guaranteed.

- Okay, when are they
moving him in?

- I'm told he'll be there
when you get back,

but since you're scheduled for
transfer by the end of the week,

you got to make fast work
of it.

- Yeah, okay.

- And Kevin,

you can't tell anybody
about this conversation,

not even your folks,
because if it comes out,

your testimony is inadmissible,
then the deal is off.

- Okay.

- We'll talk tomorrow--
- Yeah, okay.

- I couldn't really get him
to say much.

- What did he say?

- Mainly that they'd never
nail him.

You know, his other lawyer
told him all they had

was a four-year-old witness.

- Did he ever
admit to killing the girl?

- Not exactly.

- Not exactly?

- Look, I said to him,
"You did it, didn't you?

You killed her,"

and he sort of smiled
a little bit and said nothing,

and that's when I said,
"Aren't you scared?"

I told him how there was
this public pressure to get me.

You know, "Aren't you scared
they'll get you?"

And that's when he said it.

- "They'll never get me, not
with a four-year-old witness."

- I need more than that.
EUGENE: Maybe not.

You've got an implied admission.

Kevin said you did it,
the Parrish kid said nothing.

- Yeah, but how--

- Silence in the face

of an adverse accusation.

That's an implied admission
of guilt, admissible.

- I need something stronger.

- Here's your problem.

Kevin Peete is scheduled
for transfer tomorrow.

If suddenly he isn't transferred

and then comes up
with a confession from Parrish,

it's gonna look suspicious.

If you then go moving to reduce
Kevin Peete's charge

from first-degree to murder two,
they'll figure this out.

It's dicey enough as it is.

I say go
with what you've got now.

The fact that it's not
an outright confession

draws less attention.

Make your play now.

LINDSAY: When Anderson Pearson
pulled that trigger,

it wasn't self-defense.

He shot an unarmed man
five times,

and when we said we wanted
to argue self-defense,

you quickly said no

because as a guardian
of the court,

you were not about to allow
tricky lawyer-ing to distort

what you knew to be the truth,

and standing before you,
I'll admit,

we were guilty of exactly what
you accused us of, Your Honor.

We were figuring
Anderson's Pearson's a good man,

the defendant's a bad guy.

All we have
to do is present self-defense

and at least one juror
would bite.

You were right,

but the prosecution
had its own strategy.

They didn't want
to charge manslaughter

because they were figuring
that same sympathetic jury

would choose that to avoid
sending a good man away forever,

so they box them in with
murder one or murder two.

These games
are played every single day

by defense attorneys
and prosecutors

in courtrooms
all across the country.

- Yes, it's awful, isn't it?

Except when you win.

- The problem is you let them
play their hand, but with us--

- Because murder one
and murder two were tenable.

Self-defense wasn't.

- That's a finding of fact,
not--

- No, it's a conclusion
of law based on the facts.

- Your Honor, you wouldn't
let us distort the truth.

You shouldn't either.

Your ruling
was a finding of fact.

- Should I put on my helmet?

Are you about
to throw your brief?

LINDSAY: You shut down
self-defense

because it wasn't that,

but this wasn't
murder two either.

It was an act
in the heat of passion.

The man showed up at his door
with a dead cat.

After a month of stalking,
he arrives at the doorway,

throws down the family pet,
which he had just strangled,

and Anderson Pearson snapped.

It was manslaughter.

- So why didn't you ask
for an order

that manslaughter be charged
as a lesser included defense?

I'll tell you.

You feared,
just like the prosecutors,

that if it was available,
the jury would up for it,

and just like the prosecution,

you wanted to play
all or nothing.

- Ask yourself
what really happened.

- Why should I?
This is--

- Because that's what you did
when we wanted

to go self-defense.

You said to yourself,
"What really happened?"

And you took over.
Fine, do it again.

- Counsel!

LINDSAY: Forgot about poker
and games and lawyers.

Just look at the case
and call it as you see it!

You did it in the beginning!

You owe it to Anderson Pearson--

- I don't owe anybody!
- You know what happened!

You know what happened!
You know what happened!

JUDGE HILLER: Sit down,
Ms. Dole.

LINDSAY: You know what happened!
- Ms. Dole!

- You know what happened.

- $2 million,
we walk away clean.

Up front,
nothing structured.

- We're not gonna cut you
a check, Tommy.

Is why you're here?

- Yeah, Ellenor,
that's why I'm here,

and here's why
you're gonna consider it.

I'm willing
to drop the defamation,

plus the intentional accounts,

settle everything
under negligent claims,

which means you'll be covered
by your policy.

It's not your money,
just your carrier's.

- But you don't think
they'll see through that?

- Oh, I'm sure they will,

but my bet is they'll
settle anyway

because the exposure
here is too big.

I can paint a pretty
disgusting picture

of you guys
in front of a jury.

Team Plan B?

You can convince your carrier
that $2 million is cheap,

and you have incentive
to do so

because if that judgment
exceeds your policy limit,

well, this nice conference table
will be mine,

and it will be.

- Well, in the spirit
of a settlement discussion,

which is of course,
off the record,

let me tell you something.

We gave it about half a thought,
tops,

before going after
the Robin kid.

You know why?

We don't like to lose.

We're every bit as despicable
and cutthroat as you say,

which you better think about

because we will fight you
in the very same way.

- I look forward to that.

- Good.

Because a lawyer
suing another lawyer,

in this town, you're gonna look
like the bad guy,

and when we're finished
with you, Tommy,

you will be the bad guy.

You forgot to ask
what's gonna happen to you.

- These are your scare tactics?

- Look at her record, Tommy.

We win,

and we've got no problem
getting ugly.

Now get your ass
out of this office

and go tell your clients

that truth is a complete
defense to defamation.

You take us to court
and I promise you,

we will be screaming,
"He is the killer"

all over again, and in the court
of public opinion,

he will be the killer.

You're still sitting here,
Tommy.

Get out.

- You're gonna have
to do a lot better than that.

- You really want to roll
the dice with first-degree?

- First of all, what did
you offer this Peete kid?

Was he a plant?
- Nope.

- You sent him in to lend--
- He heard what he heard.

- And he just happened
to come forward saying--

- That's what snitches do,
Michael.

They come forward.

Look, I'm sure he'll be looking
for something in return.

I'm sure you'll use that
to impeach him.

It doesn't change the fact
your guy's in trouble.

We have an eyewitness.

- Who's four.
- But sure of who he saw.

Even when he saw him on TV,
he recognized him.

Your guy was
the victim's boyfriend.

He threatened her.
They broke up.

He has no alibi.

Now we have been equivalent
of an admission.

Why are you fighting me?

I'm offering voluntary
manslaughter, eight years.

He could get life.

How could you even
think of turning this down?

- You wouldn't make the offer
if you weren't so sure--

- I'm offering it
to spare a four-year-old kid

from testifying!

You should be jumping at this.

- I'll talk to my client.

- Well, talk quickly,
'cause I'll tell you,

if even a whiff
of this gets out,

my boss'll be
in my office to snuff it.

Letting your guy
out in eight years

isn't good politics.

[solemn music]

♪ ♪

JUDGE HILLER: Mr. Pearson,

I spent the night
reviewing the long list

of your various achievements.

Right up until
you committed murder,

you were a hell of a guy,

a noble lawyer, even,

who conducted seminars on
how to clean up the profession.

I bet you'd have something
to say

about all of the nonsense
you've seen go on in this room,

however much of it's been
on your behalf.

I realize I did incorporate
my sense of the facts

into some of my
pre-trial orders,

and under the theory that
a judge has an obligation

to at least be consistent...

In the interest of justice,

I'm reducing the conviction
to manslaughter.

The defendant
is sentenced to two years

medium-security credit
for time served.

We're adjourned.

[gavel thuds]

[people murmuring]

- Oh, my God.

[swelling instrumental music]

♪ ♪

- [exclaiming]

♪ ♪

[no audible dialogue]

♪ ♪

- Oh, well done.

♪ ♪

Thank you, thank you!

♪ ♪

- Thanks for coming in.

It doesn't measure up
to justice,

Mr. and Mrs. Harrelson,

but the boy who killed
your daughter is going to prison

for eight years,
no possibility of parole.

They just accepted the plea.

- Oh, thank God.

- Thank this woman here.
Without her--

- We've been thanking her
for the last 20 minutes,

but something tells me
that I should thank you.

[solemn music]

- I wish
we could've done better.

I know your daughter
deserved it.

♪ ♪

- I don't see
how antagonizing him--

- I had to let him know
he was in for a fight,

that we weren't
just gonna roll over.

- I think he got the message.

- He's already marking up
depositions.

- Maybe we should get
outside counsel.

- Well, what does
the insurance company say?

- We're gonna meet them
tomorrow.

- Lindsay did it.

Hiller cut it to manslaughter.

BOTH: What?

- She did it.

- Well--well, where is she now?

- She was tired
and she went home.

How'd things go with Silva?

- I think he and Ellenor
are gonna date.

- Bobby, can I have word
in private?

I promise
I won't touch your hair.

- What?

- Eugene's depressed.

He's been in his office
with the door closed.

I'd go in and reach out myself,

but I just don't think
I've established a trust.

He got a notice
to appear before the bar.

The others don't know.

[sighs]

- Silva did this.

He reported you to the bar

just so he could use it
at trial.

- I know.

- Eugene,
it was a group decision

to go after that kid in court,

not yours.

- Yep, team Plan B.

- [sighs]

Are you really putting this
on yourself?

- You know what I've been doing
the last couple of days, Bobby?

Conspiring to get
an illegal confession to--

Dirty business, I guess.

- Maybe we're bred
to fight a little dirty.

Lindsay got Pearson's case
reduced to manslaughter.

She kept pounding
and pounding

and pounding when everybody
was telling her to stop,

especially me.

She wouldn't.

George Vogelman was innocent

and you wouldn't stop either.

[light instrumental music]

♪ ♪

- I heard.

You cry?

- I don't remember.

- Good day.

- Yeah.

How was yours?

- I went okay too.

♪ ♪

[upbeat funky music]

♪ ♪

- You stinker.