The Practice (1997–2004): Season 3, Episode 9 - State of Mind - full transcript
Bobby tries Evelyn Mayfield's murder trial, and when it becomes clear the jury is about to convict her, even Bobby begins to doubt her innocence. Roberta Baylor comes to seek Rebecca's help again, when her son is suspended from school, after passing a sexually explicit note about a girl in his class. Meamwhile, Lucy tries to get everyone into the Christmas spirit.
Previously,
on The Practice...
Remember,
Miss Mayfield is charged
with shaking to death
an 11-month-old child
that was entrusted
to her care.
I think
she's innocent.
I found a pattern
of denial with her.
When she's pushed,
she retreats into God
and her religion.
But I don't think
she was lying.
The psychiatrist thinks
you could be in denial.
What?
He makes room
for the possibility
that you don't even
have a memory of it.
That's why you passed
the polygraph.
You know the father
of the victim.
He's in
the congregation.
Do you think
he could have done this?
Don't you think we'd
like it to be the father?
History of abuse.
Tendency towards violence.
But the doctors tell us
the death was immediate.
Evelyn Mayfield was
the only one there.
I'll give you manslaughter.
I didn't kill him,
and I will not say
that I did do it
just to get
less jail time.
Then we go to trial.
Boyfriend lives alone.
Brother... big house.
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?
-What?!
-Objection!
Did you follow her to the bar,
then go to the motel?
That's sick!
I represent Steve Robin
and his dad.
BOBBY: Steve Robin?
Brother of the victim
in your Vogelman trial.
Eugene accused him
of being the killer.
We're suing you.
I can paint
a pretty disgusting
picture of you guys
in front of a jury.
Team Plan B.
You take us to court
and I promise you
we will be screaming
"he is the killer"
all over again.
Okay, I've consulted
three lawyers,
all three say settle.
-I want to fight.
-So do I.
Okay, Jimmy,
you'll first chair.
What?!
Look, no offense, Jimmy,
but shouldn't you
be doing it?
I mean, he's good...
You're great,
but we need our--
Best.
♪ You'd better watch out ♪
♪ Better not cry ♪
♪ Cry-y baby ♪
♪ Telling you why ♪
♪ Santa Claus is coming... ♪
(door opening)
♪ Santa Claus
is coming to town ♪
♪ He's making a list,
checking it twice ♪
♪ He's gonna find out... ♪
What's this?
Oh.
(music stops)
It's Christmas.
Surely
you've heard of it.
Uh...
Well, it's... it's the first
week of December.
The people
who don't like Christmas
are the people
who get behind
in their shopping.
And the reason
they get behind
is because
it sneaks up on them.
It's not sneaking up
in this office,
not under my watch.
What's that on your head?
Oh! It's mistletoe.
My friend Elaine
invented this thingy.
It's cute, huh?
Yeah.
It's 11:00.
Why are you here?
Uh...couldn't sleep.
Mayfield trial?
Might as well work
if I'm awake.
Ahh, you think
you have any chance?
I mean, the baby
died in her hands--
Why are you so convinced
she's guilty?
She just gives me
the eebie-jeebies.
You really think
she's innocent?
Yeah.
Remember, she did pass
the lie detector.
Well, pleadings
are all packed.
Anything else you need?
I'm about to go.
I'm all set. Thanks.
And thanks for, um...
decorating the place.
It looks great.
Well, Christmas
should be Christmas.
Merry Christmas.
Christmas
should be Christmas,
and a kiss
should be a kiss.
Good mistletoe.
Night.
♪ Santa Claus
is coming to town... ♪
(theme music plays)
(telephone rings)
(cell door closes, locks)
(sirens blare)
-How can you not move
for summary judgment?
-'Cause it won't fly,
and if we--
Still, you got to try
with the stakes so high.
It would be the same
as our motion to dismiss,
Eugene.
The judge said this thing
would turn on the facts.
Well, what about
preserving appeal?
If this were gonna
turn on law,
he would have kicked it.
If we push
for summary judgment,
it's gonna look
like foot dragging.
Judge Papp holds grudges.
He lets the jury see them.
We do not want
an unfriendly judge
in this trial.
Let's calm down.
Nobody's talking
Christmas-y.
Every time we break,
every recess,
I want you to go to her.
Embrace.
I want the jury reminded
every chance we get
that you believe in her.
LLOYD: Absolutely.
You doing okay?
Believe it or not, I am.
I'm in God's hands now--
BOBBY: Evelyn.
I know.
All I'm saying is you're not
in God's hands on this,
you're in the jury's.
And I don't want you
to come across as a zealot.
I get it, Bobby.
Good.
Okay, let's go.
We got a cab waiting
downstairs. It's cold.
-Good luck.
-Thanks.
Bobby.
I know you think Jimmy
matches up best
against Silva, but--
-I heard that.
-What?
Whatever you were saying
behind my back.
Listen,
I got to get to court.
We'll talk about this later.
You--you think
I can't do this, Eugene?
I know
you can do it.
Bobby. Bobby!
Two things.
One--good luck.
Two--I'm sorry
if I embarrassed you,
I didn't mean to.
But it was
an awesome kiss.
Not that
I have any designs,
but if your
lousy personal life
comes from
any insecurity,
you should know
that 90% of women are
looking for a cute guy
with a steady job
who can kiss.
You're 3 for 3.
Trial. Don't be late.
Michael.
And you.
They suspended him
from school.
For what?
For passing a few notes.
It's the most ridiculous
thing I ever heard of,
and I want
to take them to court.
In here.
And don't you be
swattin' him.
I'm not going
to swat him.
You just keep
the blinds open,
because I don't trust you.
You didn't
have to come here.
You can go to any
lawyer you please.
I came here for some
civilized lawyering--
...If I swat anybody...
In here, Michael.
You can come.
Sexual harassment?
Yes. A few notes
in the back of the classroom,
and they bounce him.
Well,
what was in these notes?
Not much. Just--
He's got a crush
on this girl, Kitty Nelson.
You know, she finds
one of these notes,
she takes it home
to her mental mother,
her mother makes a complaint,
and they bounce him.
What was in the notes?
Just stuff.
What "just stuff"?
You know,
"nice ass" and stuff.
Nothing bad.
The autopsy was conclusive.
Yes. It showed
Kevin Barlow died
from injuries
consistent with
Shaken Baby Syndrome.
Doctor, is it possible
that these injuries
could have been
caused by an accident?
No. There was
extreme hemorrhaging
in the bilateral
anterior chamber,
and also
retinal hemorrhaging.
GAMBLE: Which means?
It was not an accident.
The degree of force
had to be severe.
What about some other
medical condition?
Well, nothing in his
prior medical records
or my examination
revealed any other cause
for these symptoms.
Is it possible to tell
when the shaking occurred?
Well, based on the acute
conditions present,
Kevin's death
would have been
almost immediate.
Now you found a contusion
on Kevin Barlow's forehead,
didn't you?
Yes, but that--
Which was
about 10 days old.
That injury was not
life-threatening,
and was, in fact,
healing when he died.
Isn't it true
that a prior head injury
could begin to bleed
spontaneously in the brain?
Yes, but in this case,
that wouldn't explain
the extent
of the injuries.
Well, isn't it also possible
that something could have
happened to Kevin
just prior
to being dropped off
at Evelyn Mayfield's house?
The likelihood of that
is so negligible that--
Is it possible?
I suppose anything
is possible, but, uh--
Thank you, Doctor.
You answered the question.
How possible?
Minuscule.
The symptoms here
suggest
an immediate death,
not one that occurred
hours later.
Thank you.
But your findings don't
conclusively exclude
the boy dying hours later.
We can't positively
exclude it, no.
Thank you, Doctor.
We have been sitting here
over an hour, Rebecca.
You haven't
given me anything.
I said that I will talk
to the principal.
But I have to tell you,
schools are big on sexual
harassment policies--
"Big" because
all these rat lawyers
got them running scared
of getting sued.
It is a big
cover-your-ass disgrace.
Yes, I'll stick
that argument in a footnote
and not lead with it,
but that does give me an idea
as to how the word "ass"
slipped into his vocabulary.
You be the lawyer,
all right?
Not the mother.
Why are you two
always fighting?
I am not fighting.
You watch you mouth,
all right, Michael?
You talk
with some respect.
Plus which,
she might hit you.
Hey!
One more word like that,
and you can get yourself
another rat.
Are we clear?
We're not all
ophthalmologists, Doctor.
Would you explain
retinal hemorrhaging?
That's when
blood vessels
leak into the eye.
But here,
there were also
retinal folds,
where the retinas were
essentially folded over,
almost like
contact lenses.
These are
both indicators
that a child has been
forcefully shaken.
Now, would an individual
suffering from retinal folds
be able to focus their eyes
or respond to visual cues?
Absolutely not.
So, then I asked
Evelyn Mayfield
if the baby's eyes
were tracking
when he came to her.
She said yes.
Which means what?
Which means
either she was lying,
or she killed him.
-Objection!
-Objection!
-Sustained.
-You didn't believe her?
If the baby
had been shaken
before he came
to her house,
according
to the doctors,
it would
have been impossible
for him to track with
his eyes like she said.
If she really did
see them track,
he was shaken
after he got there.
Detective,
when you use
the word "tracking,"
what do you mean?
It means whether or not
someone's eyes could
follow a visual cue,
-moving back and forth.
-I see.
Did you explain tracking
to Evelyn Mayfield
when you questioned her?
Did I explain it?
Yes,
did you explain the term?
I don't think I did, no.
In fact, you didn't know
if Evelyn was even
familiar with that term
at the time you
questioned her, did you?
In her statement,
she said the baby's eyes
were tracking.
She said it.
I assumed she understood
the meaning.
Yes, she used
the word tracking.
But that
doesn't mean she meant
"responsive to visual cues."
-Then what did she mean?
-We don't know, do we?
Maybe just that
they were open.
Move to strike.
She's testifying.
She's testifying!
"She's testifying!
She's testifying!"
Auntie Em, come back!
You sound like the
Wicked Witch of the West
when you object.
Oh... you're Glinda.
"Did she understand
tracking?"
Oh, yeah?
Aah! Stop it.
No.
Stop it, stop it, stop it,
stop it, stop it! Okay.
Put down the can.
Put down the can.
Put--put it down!
Okay.
You never should have
put the can down!
Aah!
Stop it, stop it!
Hey.
Bobby!
Mmm, that's good.
What is going on?
What?
We do this every night.
What are you
doing here?
Well, you weren't
picking up.
I need to talk to you
about something.
Is it dessert?
'Cause we're ready.
In my room.
What's the matter?
The kid's father.
He goes up tomorrow.
Yeah, so?
How important
do you think it is
that we go after him?
Like maybe
he killed his son.
How important? Hello?
That's our whole theory.
Lindsay,
next week we go on trial
for accusing the Robin kid
of killing his sister.
Now if we Plan-B
the father tomorrow
on this case,
guaranteed,
Tommy Silva will be making
a big meal out of it.
Think of how it will look.
We screamed that a brother
killed his sister.
Now a father
killed his son?
They're two
different cases.
Even so...
Look, we can't get out
of Evelyn's trial now.
We've already started.
And we can't not
go after the father.
That's our defense.
The only choice here
is to settle
the Robin lawsuit,
which is what I've been
saying all along.
And beyond that...
Jimmy...
He's a good lawyer.
But I think everybody
is having a hard time
with you putting our
survival in his hands.
Ellenor and Eugene
can't do it.
They're involved.
Well, then get
outside counsel,
or go with you and me...
But not Jimmy.
You know, Lindsay,
about a month or so ago,
we exchanged a kiss
and we never even
talked about it.
It was in the middle
of the Pearson trial.
Should we talk about it?
Well, why are you
bringing it up now
when we're in the middle
of another trial?
I don't know.
It's just...
It's not something
you want to discuss?
Not right now, no.
Okay.
Well, I'll see you tomorrow.
Okay.
I dropped my son off at
Evelyn Mayfield's house
that day on my way
to the office.
That was our routine.
What time
did you drop him off?
It was around
8:30 in the morning.
About an hour
and a half later,
I got a call
from the hospital...
saying that
Kevin was...
that my son...
was dead.
Sir, the defendant claims
your son was crying
when you
delivered him to her.
He was hungry.
But he wasn't
upset or--
Physically he was okay?
He was fine.
From the time you left
your house that day
and arrived
at Evelyn Mayfield's,
you and Kevin
were alone together.
Is that correct?
Yes.
There were no witnesses,
no one else present
during the 20 minutes
before you arrived
at Evelyn's?
Witnesses to what,
me behind the wheel
and Kevin in
the child seat in back?
Well, when you
arrived at Evelyn's
that particular morning,
Kevin was crying
uncontrollably.
He was not crying
uncontrollably,
Counsel.
He was just crying.
Why was he crying?
He was probably hungry.
There was a contusion
on Kevin's forehead.
You know anything
about that?
He hit his head
on a coffee table.
Uh-huh.
You didn't hit your son,
Mr. Barlow?
-GAMBLE: Objection.
-I certainly did not.
-Ever beat your wife?
-Objection!
Offer to show that
this man has a history
-of violent behavior.
-Move to strike!
The objection is overruled.
Mr. Barlow, were you arrested
for domestic battery
stemming from an altercation
between you and your wife?
That was
a long time ago.
That was a yes?
Yes.
You hit her?
I lost my temper and--
-You hit her?
-Yes!
Open hand or fist?
Open hand or fist, sir?
It was more than
9 years ago--
Open hand or fist?
Fist.
Ever hit your son Kevin
with an open hand or fist?
Objection!
It's badgering.
All right, Counsel.
Did you hurt your son?
Counsel! Dial it back.
If it's no, Mr. Barlow,
all you have to say is no.
No.
I did not
hurt my son.
You almost had him.
I could see his face
getting red.
You think I should have
gone harder?
Shh.
Pretty interesting
strategy in there.
Plan B, right?
Hey, Tommy,
what the hell do you
think you're doing?
-All right.
-Sticking your nose
in a criminal trial
for the purpose
of a civil case?
Maybe I should
report you to the bar.
I'm just
in there watching.
Right now
you're talking!
All right!
What's this,
your only case?
No, my biggest.
Come on. Come on!
The principal
was understanding,
but he said
it's school policy.
So, we can march
into court,
if that's what
you want to do.
-I do.
-Okay.
When? Because he is
missing school now.
It's already scheduled.
We go tomorrow.
We'll meet here at 9:00,
then go.
All right.
Just so we're clear,
you don't talk.
What if the judge
asks me something?
I will try to prevent
that from happening,
trust me.
Don't be gettin' snide
with me.
Hey, how'd you do?
Ah, he stayed
under control.
Helen probably
sat on him.
And Silva was there
taking notes.
Oh, I got a meeting
with him tomorrow.
Silva?
See if I can find
his squeal point.
We know each other
some, so...
Good.
Lucy, in my office?
(door opens)
Listen, um,
be it the Christmas spirit,
or... you just trying to
bolster my self-confidence,
I don't think
that we should--
Be kissing? I know.
I didn't plan to.
Something just...
came over me.
What came over you?
I'm sorry?
Well, Bobby,
maybe your tongue
didn't hold its own,
but it didn't exactly
recoil, either.
You like buttons?
What?
I'm the cute-as-a-button type.
Some guys go for it.
Figured you for models.
Anyways, you're in trial.
These are not issues
you should be talking about
as Miss Shake 'N Bake
is about to be cooked.
You're due back in 20,
by the way.
That bruise
on his forehead
was an accident.
What happened?
I just turned my back
for a minute,
and he bumped his head
on the coffee table.
Mrs. Barlow,
did your son have
any other injuries
or medical problems
of any kind?
No.
My client had been
caring for Kevin
for over 3 months.
Is that right?
Yes. My husband and I
both worked days,
so she watched him
Monday through Friday.
And over the course
of the 3 months
that Evelyn Mayfield
was watching Kevin,
he always seemed
well cared for?
Yes.
In fact, you described her
to your friends
as a great caretaker,
didn't you?
I've changed my position
on that, Mr. Donnell.
Mrs. Barlow,
honest answer--
you don't know
what happened
once Kevin left your house
that morning, do you?
If you're suggesting
that my husband
could've been involved,
I absolutely
know you're wrong.
Because you
have his word.
And because I know him.
Were you injured
when he struck you?
-Objection.
-Overruled.
Did he hurt you?
That was
a long time ago.
The question was
when you went to
the police station
and filed a complaint
for domestic battery,
had you been injured?
I had a small cut or so.
It wasn't that bad.
I'll show you
these photographs,
marked defense exhibits
1 through 3
for identification.
Do you recognize
what they depict?
That's me.
With a small cut?
Lindsay spends the morning
with character witnesses,
people from
the church mostly,
parents of kids
you've taken care of.
I don't expect them
to be cross-examined.
After lunch,
it'll be you.
Okay.
You ready?
I just tell the truth.
Well, it's not gonna be
that simple, Evelyn.
Helen Gamble is good.
And...she can be
pretty vicious.
She can, Lindsay--
let's admit it.
Now...
The big one.
Those 40 minutes--
you said
you called 911
about 20 minutes
after the baby
was dropped off.
But the call
didn't come in
till after 10:00.
That's the hole.
Have you given that
anymore thought?
All I can say
is what I remember.
Maybe I got
the time wrong.
I believe you.
But it may not
sound believable.
What should I do?
Should I make
something up?
No.
Well, what, they're gonna
convict me of murder
because I lost
track of time?
Yes, it could
come down to that.
Look, an 11-month-old
boy was killed.
The jury is gonna hold
somebody accountable.
But it wasn't me.
You were the last one
with him.
Be prepared to be hit
on those 40 minutes.
You know, far be it for me
to suggest this
since you all hammered me
the last time, but...
But what?
This is a déjà vu
to the Vogelman trial--
last seen with the victim,
it has to be her?
So?
So you've got the same
public pressure
on the D. A.'s Office.
They need to get
this conviction.
Evelyn Mayfield
is the only one
they could possibly
get it against,
so she's the one
that they're going after.
As much as you hated me
for torpedoing Helen...
You could do it again.
What?
Call her as a witness.
Get the same testimony.
Sometimes the choice
of who they go after
is linked to who they
think they can convict.
I know. It's ass-backwards.
We can't call Helen
as a witness.
First it would be
a mistrial. Second--
So?
Would a mistrial
really be that bad?
Where are you?
BOBBY: I don't know.
But we're not
calling Helen.
Well...
It's another card
you can play.
Good night.
Where do you think
we are?
Well...
I think she's
innocent, Bobby.
But the truth is,
I don't know it.
If the jury's
where I am,
we have
reasonable doubt.
It's a note.
Passing a note
in the back of a classroom.
A note containing
a sexual description that--
"She's got a nice ass."
It's sexual
objectification.
REBECCA: Come on!
And as silly as it may seem,
the policy at Brockton
is no different
from every other school
across this country.
That only makes it
more ridiculous.
He's 10 years old.
Kids write
on bathroom walls,
kids pass notes.
And what if he should do
more than that?
What if he commits
a sexual assault?
Well, then you suspend him,
but for a note, you don't--
The point is,
the school has
notice of the note
and therefore
could be held liable
if his behavior escalates--
I knew it.
This is just some
cover-your-ass lawyer--
Ms. Baylor!
Your Honor, we are
getting carried away here.
Now, are you saying
that your client
is being treated unfairly
under the policy,
or that the policy itself
is unfair?
I am saying
if we are at the point
where girls and boys
can't talk to each other
at school,
if they can
get suspended
for passing notes,
what is going on?
They don't want to
settle for nothing,
but I tried to sell four.
400's not going
to do it, Jimmy.
Tommy, even if you win,
you're looking at
automatic appeal.
This case is threshold.
Suppose the jury
gives you a million?
End of the day,
present day value of four
turns out to be more.
Mmm, I understand.
Off the record?
'Course.
My client's wealthy.
He's dying of cancer.
It's not about money.
He wants you guys
out of business.
At first, I thought
he'd take a million.
I mean, clients come in mad,
then they settle down.
You know how it is.
But he ain't settling down.
He wants you guys
selling your furniture.
Client comes to me with
that kind of revenge
on his mind,
I tell him go
get another lawyer.
Ah, come on, Jimmy.
Look what they
did to this kid.
You wouldn't
take this case?
(chuckles)
I just had a sense that
something wasn't right.
Kevin usually
didn't cry like that.
How long did he cry for?
Maybe 10 or 20 minutes
or so,
and then he
finally stopped.
So I put him down
for his nap.
And when did
you realize that--
that something was wrong?
I checked on him
about 15 minutes later,
and he wasn't breathing.
What'd you do?
I tried to give him CPR,
but it--it
just wasn't working.
He wouldn't breathe.
So I--I called 911,
and finally,
the ambulance came.
Now, Evelyn,
the baby arrives at 8:30,
20 minutes of crying,
15-minute nap.
You called 911 at 10:07.
That leaves 40 minutes
unaccounted for.
Maybe he cried longer,
maybe he napped longer,
or--or got there later.
I honestly don't know.
I-I'm not sure
how long I did CPR
before I called.
And also, I--I
was in shock, maybe.
I--I--I guess the time
frames could be off,
but I never
harmed that child.
And the idea
that I could have...
Forty minutes.
That's kind of a lot
to be off by.
I've done my best
to explain it.
You were in some shock.
Is it possible you maybe
blocked out some time
in your mind?
I'm sorry?
Something happened which you
blocked out of your mind?
I don't think
that's the case.
Oh, such
a traumatic event.
Certainly it's the first
time you've ever discovered
an unconscious baby, isn't it?
No.
There was another one?
A few years back,
and I saved that baby
performing CPR.
You did.
So you have experience
with reacting to crises?
Yes.
So seeing a baby
not breathing,
that wouldn't be so
horrific to cause you
to block out time?
That's right.
What if you
killed that baby?
-Objection!
-Overruled!
You don't have any experience
doing that, do you?
No, I do not,
Miss Gamble.
Think you might
block that out?
I did not
harm that baby.
You know, something else
struck me as funny.
You never called
Mr. and Mrs. Barlow
to tell them what
happened, did you?
The police called them.
Yes, much later.
But why didn't you?
You're baby-sitting
their child,
he dies...
you don't call?
Everything was--
was happening so fast.
I--I was
going to call them.
The first thing
was trying to save him.
Yes, but why didn't
you call them after
you called the ambulance
to let these people
know what had happened?
I was holding Kevin.
Or after they
took Kevin away?
Was there another reason
why you didn't call?
Is it possible that
the reason you didn't call
was because you couldn't
bear to face them
because your conscience
knew the truth
about what you did?
No, that
is not possible.
Manslaughter's
still good.
You just gave us
grounds for appeal--
prior bad acts.
That wasn't a bad act.
She saved that other child.
-Plus, she opened the door.
-She did not.
Just take manslaughter.
She didn't hit
any home run in there.
She's not gonna
take manslaughter.
She will if
you tell her to.
I won't tell her to,
and I don't think that
you made the elements.
Look, this could
go either way.
We all know that.
Why do you
want to risk life?
Manslaughter,
she's out in 5.
You want to stay up all night
working on a closing argument?
You guys
ever get tired?
Excuse me a second.
Hey, Bobby,
I'm just watching.
It's legal.
Yeah, yeah.
How much of her
testimony did you hear?
Most, I think.
Do you believe her?
I don't know,
but I don't
disbelieve her.
They're offering
manslaughter.
Ha. I wouldn't.
Really?
I don't think they've
made their case,
not on murder.
Pretty soon,
it'll be illegal
for a boy to
give a girl a flower.
I share
the petitioner's concern.
I also share the notion
that a school is a child's
first introduction
to society.
It should be no less
sexually charged just
because they're children.
In fact, because
they're children,
maybe these school policies
are our best hope
of one day curtailing
gender hostility
and discrimination.
We're quick to say education
beats retribution.
So let the schools
try to educate.
I'm upholding
the suspension.
Oh, you gotta
be kidding me!
Roberta.
The world has
gone upside down.
I agree.
But since passing a note
as an adult
could cost him
a lot of money
and even his job,
maybe it's best to give
him the message now.
And maybe
it's time to change
a stupid, ridiculous,
God-awful,
laugh-out-loud,
dumb law.
There's always that.
The key is Dr. Katten.
He testified "possible"--
death wasn't immediate.
-Remote. The likelihood--
-He said "possible."
You just keep hammering
possible, possible, possible,
doubt, doubt, doubt,
doubt.
I'm leaving.
If my father knew
the hours I kept here...
Lucy,
what does your father do?
He drives a cab.
Why?
Nothing.
And, um, what about
your mother?
She's dead.
Oh, I didn't mean to...
I've heard you say
"parents."
Yeah, well, sometimes
I include step-thing.
Why are you looking
at me funny?
I'm not, um... um...
Good night.
What are you doing?
We have to stay on
reasonable doubt, Bobby.
We can't just try to
argue the father did it.
I know.
Can I ask you something?
Are we a couple?
I mean,
a couple-in-waiting?
We've kissed.
We've--what are we doing?
Or not doing?
What's going on?
Are you dying?
Why is this
suddenly coming up?
Well, isn't it strange
that we don't address--
obviously we have feelings.
You're asking me if it's
strange that you don't
address your feelings?
Was I just insulted?
Bobby, I was in love
with you once.
Maybe I still am,
but I don't think--
What?
Do you really want
to get into this?
No.
(sighs)
This isn't a great life.
Great job, but life?
You know, I need
somebody to pull me
out of this a little.
And whatever you may be,
you'll never be that.
So we're not
a couple-in-waiting?
Truth?
I could fall in love
with you all over again
if I let myself...
But I won't.
Their own
medical expert told you
that it was possible
the injury could have occurred
before Kevin Barlow arrived
at Evelyn's house that day.
He told you that.
"Possible."
Kevin's father
was alone with him.
Did he shake him?
We certainly have
no evidence that he did,
no witnesses.
But they have no proof
that he didn't,
do they?
And he does have
a history of violence.
Evelyn Mayfield doesn't.
You heard witness
after witness after witness
tell you they've never
seen a hint of violence
in this woman,
or even anger
for that matter.
Their whole case is that
she was with the baby
at the time of death.
While their own doctor says
the injury could have
preceded the boy
coming into
my client's custody.
Reasonable doubt?
The doctor's testimony
was that it was
a virtual certainty
that the baby's death
was immediate.
Oh, sure, they seize upon
that word "possible."
It's a great word
because it's so difficult
to disprove a negative.
Possible.
Well, anything's
possible, I guess.
But that doctor told you
that the baby's death
was immediate,
and the defense has done
nothing to contradict it.
Maybe Evelyn Mayfield
really does believe
she didn't do this.
Sometimes psychic anguish
can just block out
all memory.
It's been
known to happen.
But she did do it.
And deep down,
she knows she did it.
That's why she
didn't call the parents,
that's why
she froze on the stand.
And when all these
people from her church
march up there and say,
"Oh, she couldn't have.
She couldn't have."
Well, it probably makes it
easier for her to think
she couldn't have.
The death was immediate.
She was the only one there.
She cannot account
for 40 minutes,
40 minutes of blank time
which coincides
with the time of death.
Of course she did it.
Roberta.
I couldn't
sleep all night.
I want to appeal.
We can't appeal.
Even if we could--
He's a good kid.
Well, nobody's
saying he isn't.
Are you okay?
What chance has he got?
You know, I try to
get him to stop stealing,
and the best way to do that
is to keep him in school,
but the school
throws him out.
And the courts
won't help me.
I'm all by myself.
His dad only comes
to see him on weekends,
and I try--
REBECCA: Hey, hey.
Nobody is
blaming you here.
He's getting away from me.
You know, the last couple
of years, he is a good kid,
and now he's
out stealing bikes.
He needs something
I can't give,
and I don't know
what to do about that.
Okay.
Shh.
What's up?
Listen, everyone's
nervous about you doing
the Robin trial.
Me, I think
you can do it.
We have a partners
meeting later.
A partners meeting?
Our first one.
In honor of me?
I expect to
get voted down.
But tell me how you
plan to try it.
Does it matter?
It might.
Tommy Silva's
gonna get up there
and try to separate
himself from lawyers.
I think he's gonna
try to get the jury
to send a message.
I plan to be more of
a little guy than Tommy.
Play it simple.
Tell them we had
an innocent man
faced with
losing his life,
and we fought for him.
-Bobby, we got to go.
-Verdict?
We've been
called to chambers.
I just received a question
from the jury,
and I'll tell you
how I plan to respond
and then give counsel
for the state
and the defense
the opportunity to make
any comments or objections.
The question is...
Well, actually,
it's two questions.
First, they would
like to know if they
can have more water.
Second, they would like to
know if killing an infant,
in and of itself,
constitutes extreme cruelty.
So... what's going on?
They're deciding
between murder one
and murder two.
H-how?
The question was
about extreme cruelty,
one of the elements
necessary for
the first-degree charge.
Well, maybe they just
didn't understand it.
That isn't it.
They're not deciding between
guilt or innocence anymore.
It's between
first- and second-degree.
I--I doubt that the D. A.
would be even willing to
offer manslaughter right now,
but...
I should at least try.
No.
Evelyn--
I'm not going to
agree to manslaughter.
Are you even listening
to what I'm telling you?
God won't let them
convict me.
I know He won't.
I know it.
Listen, I think God
has dropped the ball here.
Either that or Helen Gamble
got to him.
You need to
prepare yourself.
It's not
going to happen!
He's going to
take care of me.
Now, if you
could excuse me,
I need to pray.
Honey...
maybe we should
listen to what he's
trying to say here.
I need to pray.
I couldn't believe it,
her face.
She had this
religious blank stare.
She looked like--
Kenneth Starr?
I'm trying to tell her
she's facing life in prison,
and she doesn't
even hear me.
-Have they come back
with a verdict?
-Not yet.
I told you
she was guilty.
Eebie-jeebie lady,
shake, rattle, and roll.
Lucy--
It's not that we don't
think he's any good.
Then why are
we sitting here?
Because this
isn't just any case.
Our whole future
rides on it.
Jimmy may be good,
but he certainly
isn't our best.
We could hire better,
get outside counsel.
I've seen
Tommy Silva at work.
He plays the "regular guy"
thing like a violin.
That's exactly
why we--
Jimmy's style, I still believe,
is the perfect counter.
Lindsay, remember how
he did in the power lines case?
Yes.
The case against us
is stacked--
dead sister,
brother accused,
life ruined,
father dying,
the evil criminal
defense lawyer.
This case is tailor-made
for Tommy Silva.
He will tap into
the people's contempt
for lawyers.
Jimmy is a teddy bear.
He's good.
In my opinion,
he represents
our best chance.
All right, why don't
we just take a vote?
All against.
All for? Mine counts
for two, remember?
Rebecca,
you're a partner, too.
He can take
all your property
as well.
Ellenor,
let her make up
her own mind.
I'm with Bobby.
Three to three.
I decide tiebreakers.
Jimmy's got the case.
-Wait a second.
-You can't do that.
You basically
have three votes now?
It's in
the partnership.
Jimmy will
first chair,
I'll be second.
Who won?
-Lucy!
-Get out!
The jury's back now.
Thirty minutes.
Okay.
Jimmy, quick vote.
Your case.
Congratulations.
You'll do great,
Jimmy.
Good luck, buddy.
Will the defendant
please rise?
Mr. Foreman, the jury
has reached a verdict?
We have, Your Honor.
JUDGE:
What say you?
"Commonwealth
vs. Evelyn Mayfield.
On the count of murder
in the first degree,
we find the defendant
Evelyn Mayfield...
not guilty."
-(crowd murmurs)
-MAN: Oh! Wonderful!
"On the count of murder
in the second degree,
we find the defendant
Evelyn Mayfield...
guilty."
JUDGE:
The bailiff will take
the defendant into custody.
The jury is dismissed
with the thanks
of the court.
We are adjourned.
I'm filing a motion
for the judge to consider
reducing the verdict
to manslaughter.
I don't expect
it to fly--
We can appeal, right?
Yeah.
We'll appeal,
we'll win.
It won't end like this.
It'll be okay, Bobby.
Yeah.
You stinker!
on The Practice...
Remember,
Miss Mayfield is charged
with shaking to death
an 11-month-old child
that was entrusted
to her care.
I think
she's innocent.
I found a pattern
of denial with her.
When she's pushed,
she retreats into God
and her religion.
But I don't think
she was lying.
The psychiatrist thinks
you could be in denial.
What?
He makes room
for the possibility
that you don't even
have a memory of it.
That's why you passed
the polygraph.
You know the father
of the victim.
He's in
the congregation.
Do you think
he could have done this?
Don't you think we'd
like it to be the father?
History of abuse.
Tendency towards violence.
But the doctors tell us
the death was immediate.
Evelyn Mayfield was
the only one there.
I'll give you manslaughter.
I didn't kill him,
and I will not say
that I did do it
just to get
less jail time.
Then we go to trial.
Boyfriend lives alone.
Brother... big house.
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?
-What?!
-Objection!
Did you follow her to the bar,
then go to the motel?
That's sick!
I represent Steve Robin
and his dad.
BOBBY: Steve Robin?
Brother of the victim
in your Vogelman trial.
Eugene accused him
of being the killer.
We're suing you.
I can paint
a pretty disgusting
picture of you guys
in front of a jury.
Team Plan B.
You take us to court
and I promise you
we will be screaming
"he is the killer"
all over again.
Okay, I've consulted
three lawyers,
all three say settle.
-I want to fight.
-So do I.
Okay, Jimmy,
you'll first chair.
What?!
Look, no offense, Jimmy,
but shouldn't you
be doing it?
I mean, he's good...
You're great,
but we need our--
Best.
♪ You'd better watch out ♪
♪ Better not cry ♪
♪ Cry-y baby ♪
♪ Telling you why ♪
♪ Santa Claus is coming... ♪
(door opening)
♪ Santa Claus
is coming to town ♪
♪ He's making a list,
checking it twice ♪
♪ He's gonna find out... ♪
What's this?
Oh.
(music stops)
It's Christmas.
Surely
you've heard of it.
Uh...
Well, it's... it's the first
week of December.
The people
who don't like Christmas
are the people
who get behind
in their shopping.
And the reason
they get behind
is because
it sneaks up on them.
It's not sneaking up
in this office,
not under my watch.
What's that on your head?
Oh! It's mistletoe.
My friend Elaine
invented this thingy.
It's cute, huh?
Yeah.
It's 11:00.
Why are you here?
Uh...couldn't sleep.
Mayfield trial?
Might as well work
if I'm awake.
Ahh, you think
you have any chance?
I mean, the baby
died in her hands--
Why are you so convinced
she's guilty?
She just gives me
the eebie-jeebies.
You really think
she's innocent?
Yeah.
Remember, she did pass
the lie detector.
Well, pleadings
are all packed.
Anything else you need?
I'm about to go.
I'm all set. Thanks.
And thanks for, um...
decorating the place.
It looks great.
Well, Christmas
should be Christmas.
Merry Christmas.
Christmas
should be Christmas,
and a kiss
should be a kiss.
Good mistletoe.
Night.
♪ Santa Claus
is coming to town... ♪
(theme music plays)
(telephone rings)
(cell door closes, locks)
(sirens blare)
-How can you not move
for summary judgment?
-'Cause it won't fly,
and if we--
Still, you got to try
with the stakes so high.
It would be the same
as our motion to dismiss,
Eugene.
The judge said this thing
would turn on the facts.
Well, what about
preserving appeal?
If this were gonna
turn on law,
he would have kicked it.
If we push
for summary judgment,
it's gonna look
like foot dragging.
Judge Papp holds grudges.
He lets the jury see them.
We do not want
an unfriendly judge
in this trial.
Let's calm down.
Nobody's talking
Christmas-y.
Every time we break,
every recess,
I want you to go to her.
Embrace.
I want the jury reminded
every chance we get
that you believe in her.
LLOYD: Absolutely.
You doing okay?
Believe it or not, I am.
I'm in God's hands now--
BOBBY: Evelyn.
I know.
All I'm saying is you're not
in God's hands on this,
you're in the jury's.
And I don't want you
to come across as a zealot.
I get it, Bobby.
Good.
Okay, let's go.
We got a cab waiting
downstairs. It's cold.
-Good luck.
-Thanks.
Bobby.
I know you think Jimmy
matches up best
against Silva, but--
-I heard that.
-What?
Whatever you were saying
behind my back.
Listen,
I got to get to court.
We'll talk about this later.
You--you think
I can't do this, Eugene?
I know
you can do it.
Bobby. Bobby!
Two things.
One--good luck.
Two--I'm sorry
if I embarrassed you,
I didn't mean to.
But it was
an awesome kiss.
Not that
I have any designs,
but if your
lousy personal life
comes from
any insecurity,
you should know
that 90% of women are
looking for a cute guy
with a steady job
who can kiss.
You're 3 for 3.
Trial. Don't be late.
Michael.
And you.
They suspended him
from school.
For what?
For passing a few notes.
It's the most ridiculous
thing I ever heard of,
and I want
to take them to court.
In here.
And don't you be
swattin' him.
I'm not going
to swat him.
You just keep
the blinds open,
because I don't trust you.
You didn't
have to come here.
You can go to any
lawyer you please.
I came here for some
civilized lawyering--
...If I swat anybody...
In here, Michael.
You can come.
Sexual harassment?
Yes. A few notes
in the back of the classroom,
and they bounce him.
Well,
what was in these notes?
Not much. Just--
He's got a crush
on this girl, Kitty Nelson.
You know, she finds
one of these notes,
she takes it home
to her mental mother,
her mother makes a complaint,
and they bounce him.
What was in the notes?
Just stuff.
What "just stuff"?
You know,
"nice ass" and stuff.
Nothing bad.
The autopsy was conclusive.
Yes. It showed
Kevin Barlow died
from injuries
consistent with
Shaken Baby Syndrome.
Doctor, is it possible
that these injuries
could have been
caused by an accident?
No. There was
extreme hemorrhaging
in the bilateral
anterior chamber,
and also
retinal hemorrhaging.
GAMBLE: Which means?
It was not an accident.
The degree of force
had to be severe.
What about some other
medical condition?
Well, nothing in his
prior medical records
or my examination
revealed any other cause
for these symptoms.
Is it possible to tell
when the shaking occurred?
Well, based on the acute
conditions present,
Kevin's death
would have been
almost immediate.
Now you found a contusion
on Kevin Barlow's forehead,
didn't you?
Yes, but that--
Which was
about 10 days old.
That injury was not
life-threatening,
and was, in fact,
healing when he died.
Isn't it true
that a prior head injury
could begin to bleed
spontaneously in the brain?
Yes, but in this case,
that wouldn't explain
the extent
of the injuries.
Well, isn't it also possible
that something could have
happened to Kevin
just prior
to being dropped off
at Evelyn Mayfield's house?
The likelihood of that
is so negligible that--
Is it possible?
I suppose anything
is possible, but, uh--
Thank you, Doctor.
You answered the question.
How possible?
Minuscule.
The symptoms here
suggest
an immediate death,
not one that occurred
hours later.
Thank you.
But your findings don't
conclusively exclude
the boy dying hours later.
We can't positively
exclude it, no.
Thank you, Doctor.
We have been sitting here
over an hour, Rebecca.
You haven't
given me anything.
I said that I will talk
to the principal.
But I have to tell you,
schools are big on sexual
harassment policies--
"Big" because
all these rat lawyers
got them running scared
of getting sued.
It is a big
cover-your-ass disgrace.
Yes, I'll stick
that argument in a footnote
and not lead with it,
but that does give me an idea
as to how the word "ass"
slipped into his vocabulary.
You be the lawyer,
all right?
Not the mother.
Why are you two
always fighting?
I am not fighting.
You watch you mouth,
all right, Michael?
You talk
with some respect.
Plus which,
she might hit you.
Hey!
One more word like that,
and you can get yourself
another rat.
Are we clear?
We're not all
ophthalmologists, Doctor.
Would you explain
retinal hemorrhaging?
That's when
blood vessels
leak into the eye.
But here,
there were also
retinal folds,
where the retinas were
essentially folded over,
almost like
contact lenses.
These are
both indicators
that a child has been
forcefully shaken.
Now, would an individual
suffering from retinal folds
be able to focus their eyes
or respond to visual cues?
Absolutely not.
So, then I asked
Evelyn Mayfield
if the baby's eyes
were tracking
when he came to her.
She said yes.
Which means what?
Which means
either she was lying,
or she killed him.
-Objection!
-Objection!
-Sustained.
-You didn't believe her?
If the baby
had been shaken
before he came
to her house,
according
to the doctors,
it would
have been impossible
for him to track with
his eyes like she said.
If she really did
see them track,
he was shaken
after he got there.
Detective,
when you use
the word "tracking,"
what do you mean?
It means whether or not
someone's eyes could
follow a visual cue,
-moving back and forth.
-I see.
Did you explain tracking
to Evelyn Mayfield
when you questioned her?
Did I explain it?
Yes,
did you explain the term?
I don't think I did, no.
In fact, you didn't know
if Evelyn was even
familiar with that term
at the time you
questioned her, did you?
In her statement,
she said the baby's eyes
were tracking.
She said it.
I assumed she understood
the meaning.
Yes, she used
the word tracking.
But that
doesn't mean she meant
"responsive to visual cues."
-Then what did she mean?
-We don't know, do we?
Maybe just that
they were open.
Move to strike.
She's testifying.
She's testifying!
"She's testifying!
She's testifying!"
Auntie Em, come back!
You sound like the
Wicked Witch of the West
when you object.
Oh... you're Glinda.
"Did she understand
tracking?"
Oh, yeah?
Aah! Stop it.
No.
Stop it, stop it, stop it,
stop it, stop it! Okay.
Put down the can.
Put down the can.
Put--put it down!
Okay.
You never should have
put the can down!
Aah!
Stop it, stop it!
Hey.
Bobby!
Mmm, that's good.
What is going on?
What?
We do this every night.
What are you
doing here?
Well, you weren't
picking up.
I need to talk to you
about something.
Is it dessert?
'Cause we're ready.
In my room.
What's the matter?
The kid's father.
He goes up tomorrow.
Yeah, so?
How important
do you think it is
that we go after him?
Like maybe
he killed his son.
How important? Hello?
That's our whole theory.
Lindsay,
next week we go on trial
for accusing the Robin kid
of killing his sister.
Now if we Plan-B
the father tomorrow
on this case,
guaranteed,
Tommy Silva will be making
a big meal out of it.
Think of how it will look.
We screamed that a brother
killed his sister.
Now a father
killed his son?
They're two
different cases.
Even so...
Look, we can't get out
of Evelyn's trial now.
We've already started.
And we can't not
go after the father.
That's our defense.
The only choice here
is to settle
the Robin lawsuit,
which is what I've been
saying all along.
And beyond that...
Jimmy...
He's a good lawyer.
But I think everybody
is having a hard time
with you putting our
survival in his hands.
Ellenor and Eugene
can't do it.
They're involved.
Well, then get
outside counsel,
or go with you and me...
But not Jimmy.
You know, Lindsay,
about a month or so ago,
we exchanged a kiss
and we never even
talked about it.
It was in the middle
of the Pearson trial.
Should we talk about it?
Well, why are you
bringing it up now
when we're in the middle
of another trial?
I don't know.
It's just...
It's not something
you want to discuss?
Not right now, no.
Okay.
Well, I'll see you tomorrow.
Okay.
I dropped my son off at
Evelyn Mayfield's house
that day on my way
to the office.
That was our routine.
What time
did you drop him off?
It was around
8:30 in the morning.
About an hour
and a half later,
I got a call
from the hospital...
saying that
Kevin was...
that my son...
was dead.
Sir, the defendant claims
your son was crying
when you
delivered him to her.
He was hungry.
But he wasn't
upset or--
Physically he was okay?
He was fine.
From the time you left
your house that day
and arrived
at Evelyn Mayfield's,
you and Kevin
were alone together.
Is that correct?
Yes.
There were no witnesses,
no one else present
during the 20 minutes
before you arrived
at Evelyn's?
Witnesses to what,
me behind the wheel
and Kevin in
the child seat in back?
Well, when you
arrived at Evelyn's
that particular morning,
Kevin was crying
uncontrollably.
He was not crying
uncontrollably,
Counsel.
He was just crying.
Why was he crying?
He was probably hungry.
There was a contusion
on Kevin's forehead.
You know anything
about that?
He hit his head
on a coffee table.
Uh-huh.
You didn't hit your son,
Mr. Barlow?
-GAMBLE: Objection.
-I certainly did not.
-Ever beat your wife?
-Objection!
Offer to show that
this man has a history
-of violent behavior.
-Move to strike!
The objection is overruled.
Mr. Barlow, were you arrested
for domestic battery
stemming from an altercation
between you and your wife?
That was
a long time ago.
That was a yes?
Yes.
You hit her?
I lost my temper and--
-You hit her?
-Yes!
Open hand or fist?
Open hand or fist, sir?
It was more than
9 years ago--
Open hand or fist?
Fist.
Ever hit your son Kevin
with an open hand or fist?
Objection!
It's badgering.
All right, Counsel.
Did you hurt your son?
Counsel! Dial it back.
If it's no, Mr. Barlow,
all you have to say is no.
No.
I did not
hurt my son.
You almost had him.
I could see his face
getting red.
You think I should have
gone harder?
Shh.
Pretty interesting
strategy in there.
Plan B, right?
Hey, Tommy,
what the hell do you
think you're doing?
-All right.
-Sticking your nose
in a criminal trial
for the purpose
of a civil case?
Maybe I should
report you to the bar.
I'm just
in there watching.
Right now
you're talking!
All right!
What's this,
your only case?
No, my biggest.
Come on. Come on!
The principal
was understanding,
but he said
it's school policy.
So, we can march
into court,
if that's what
you want to do.
-I do.
-Okay.
When? Because he is
missing school now.
It's already scheduled.
We go tomorrow.
We'll meet here at 9:00,
then go.
All right.
Just so we're clear,
you don't talk.
What if the judge
asks me something?
I will try to prevent
that from happening,
trust me.
Don't be gettin' snide
with me.
Hey, how'd you do?
Ah, he stayed
under control.
Helen probably
sat on him.
And Silva was there
taking notes.
Oh, I got a meeting
with him tomorrow.
Silva?
See if I can find
his squeal point.
We know each other
some, so...
Good.
Lucy, in my office?
(door opens)
Listen, um,
be it the Christmas spirit,
or... you just trying to
bolster my self-confidence,
I don't think
that we should--
Be kissing? I know.
I didn't plan to.
Something just...
came over me.
What came over you?
I'm sorry?
Well, Bobby,
maybe your tongue
didn't hold its own,
but it didn't exactly
recoil, either.
You like buttons?
What?
I'm the cute-as-a-button type.
Some guys go for it.
Figured you for models.
Anyways, you're in trial.
These are not issues
you should be talking about
as Miss Shake 'N Bake
is about to be cooked.
You're due back in 20,
by the way.
That bruise
on his forehead
was an accident.
What happened?
I just turned my back
for a minute,
and he bumped his head
on the coffee table.
Mrs. Barlow,
did your son have
any other injuries
or medical problems
of any kind?
No.
My client had been
caring for Kevin
for over 3 months.
Is that right?
Yes. My husband and I
both worked days,
so she watched him
Monday through Friday.
And over the course
of the 3 months
that Evelyn Mayfield
was watching Kevin,
he always seemed
well cared for?
Yes.
In fact, you described her
to your friends
as a great caretaker,
didn't you?
I've changed my position
on that, Mr. Donnell.
Mrs. Barlow,
honest answer--
you don't know
what happened
once Kevin left your house
that morning, do you?
If you're suggesting
that my husband
could've been involved,
I absolutely
know you're wrong.
Because you
have his word.
And because I know him.
Were you injured
when he struck you?
-Objection.
-Overruled.
Did he hurt you?
That was
a long time ago.
The question was
when you went to
the police station
and filed a complaint
for domestic battery,
had you been injured?
I had a small cut or so.
It wasn't that bad.
I'll show you
these photographs,
marked defense exhibits
1 through 3
for identification.
Do you recognize
what they depict?
That's me.
With a small cut?
Lindsay spends the morning
with character witnesses,
people from
the church mostly,
parents of kids
you've taken care of.
I don't expect them
to be cross-examined.
After lunch,
it'll be you.
Okay.
You ready?
I just tell the truth.
Well, it's not gonna be
that simple, Evelyn.
Helen Gamble is good.
And...she can be
pretty vicious.
She can, Lindsay--
let's admit it.
Now...
The big one.
Those 40 minutes--
you said
you called 911
about 20 minutes
after the baby
was dropped off.
But the call
didn't come in
till after 10:00.
That's the hole.
Have you given that
anymore thought?
All I can say
is what I remember.
Maybe I got
the time wrong.
I believe you.
But it may not
sound believable.
What should I do?
Should I make
something up?
No.
Well, what, they're gonna
convict me of murder
because I lost
track of time?
Yes, it could
come down to that.
Look, an 11-month-old
boy was killed.
The jury is gonna hold
somebody accountable.
But it wasn't me.
You were the last one
with him.
Be prepared to be hit
on those 40 minutes.
You know, far be it for me
to suggest this
since you all hammered me
the last time, but...
But what?
This is a déjà vu
to the Vogelman trial--
last seen with the victim,
it has to be her?
So?
So you've got the same
public pressure
on the D. A.'s Office.
They need to get
this conviction.
Evelyn Mayfield
is the only one
they could possibly
get it against,
so she's the one
that they're going after.
As much as you hated me
for torpedoing Helen...
You could do it again.
What?
Call her as a witness.
Get the same testimony.
Sometimes the choice
of who they go after
is linked to who they
think they can convict.
I know. It's ass-backwards.
We can't call Helen
as a witness.
First it would be
a mistrial. Second--
So?
Would a mistrial
really be that bad?
Where are you?
BOBBY: I don't know.
But we're not
calling Helen.
Well...
It's another card
you can play.
Good night.
Where do you think
we are?
Well...
I think she's
innocent, Bobby.
But the truth is,
I don't know it.
If the jury's
where I am,
we have
reasonable doubt.
It's a note.
Passing a note
in the back of a classroom.
A note containing
a sexual description that--
"She's got a nice ass."
It's sexual
objectification.
REBECCA: Come on!
And as silly as it may seem,
the policy at Brockton
is no different
from every other school
across this country.
That only makes it
more ridiculous.
He's 10 years old.
Kids write
on bathroom walls,
kids pass notes.
And what if he should do
more than that?
What if he commits
a sexual assault?
Well, then you suspend him,
but for a note, you don't--
The point is,
the school has
notice of the note
and therefore
could be held liable
if his behavior escalates--
I knew it.
This is just some
cover-your-ass lawyer--
Ms. Baylor!
Your Honor, we are
getting carried away here.
Now, are you saying
that your client
is being treated unfairly
under the policy,
or that the policy itself
is unfair?
I am saying
if we are at the point
where girls and boys
can't talk to each other
at school,
if they can
get suspended
for passing notes,
what is going on?
They don't want to
settle for nothing,
but I tried to sell four.
400's not going
to do it, Jimmy.
Tommy, even if you win,
you're looking at
automatic appeal.
This case is threshold.
Suppose the jury
gives you a million?
End of the day,
present day value of four
turns out to be more.
Mmm, I understand.
Off the record?
'Course.
My client's wealthy.
He's dying of cancer.
It's not about money.
He wants you guys
out of business.
At first, I thought
he'd take a million.
I mean, clients come in mad,
then they settle down.
You know how it is.
But he ain't settling down.
He wants you guys
selling your furniture.
Client comes to me with
that kind of revenge
on his mind,
I tell him go
get another lawyer.
Ah, come on, Jimmy.
Look what they
did to this kid.
You wouldn't
take this case?
(chuckles)
I just had a sense that
something wasn't right.
Kevin usually
didn't cry like that.
How long did he cry for?
Maybe 10 or 20 minutes
or so,
and then he
finally stopped.
So I put him down
for his nap.
And when did
you realize that--
that something was wrong?
I checked on him
about 15 minutes later,
and he wasn't breathing.
What'd you do?
I tried to give him CPR,
but it--it
just wasn't working.
He wouldn't breathe.
So I--I called 911,
and finally,
the ambulance came.
Now, Evelyn,
the baby arrives at 8:30,
20 minutes of crying,
15-minute nap.
You called 911 at 10:07.
That leaves 40 minutes
unaccounted for.
Maybe he cried longer,
maybe he napped longer,
or--or got there later.
I honestly don't know.
I-I'm not sure
how long I did CPR
before I called.
And also, I--I
was in shock, maybe.
I--I--I guess the time
frames could be off,
but I never
harmed that child.
And the idea
that I could have...
Forty minutes.
That's kind of a lot
to be off by.
I've done my best
to explain it.
You were in some shock.
Is it possible you maybe
blocked out some time
in your mind?
I'm sorry?
Something happened which you
blocked out of your mind?
I don't think
that's the case.
Oh, such
a traumatic event.
Certainly it's the first
time you've ever discovered
an unconscious baby, isn't it?
No.
There was another one?
A few years back,
and I saved that baby
performing CPR.
You did.
So you have experience
with reacting to crises?
Yes.
So seeing a baby
not breathing,
that wouldn't be so
horrific to cause you
to block out time?
That's right.
What if you
killed that baby?
-Objection!
-Overruled!
You don't have any experience
doing that, do you?
No, I do not,
Miss Gamble.
Think you might
block that out?
I did not
harm that baby.
You know, something else
struck me as funny.
You never called
Mr. and Mrs. Barlow
to tell them what
happened, did you?
The police called them.
Yes, much later.
But why didn't you?
You're baby-sitting
their child,
he dies...
you don't call?
Everything was--
was happening so fast.
I--I was
going to call them.
The first thing
was trying to save him.
Yes, but why didn't
you call them after
you called the ambulance
to let these people
know what had happened?
I was holding Kevin.
Or after they
took Kevin away?
Was there another reason
why you didn't call?
Is it possible that
the reason you didn't call
was because you couldn't
bear to face them
because your conscience
knew the truth
about what you did?
No, that
is not possible.
Manslaughter's
still good.
You just gave us
grounds for appeal--
prior bad acts.
That wasn't a bad act.
She saved that other child.
-Plus, she opened the door.
-She did not.
Just take manslaughter.
She didn't hit
any home run in there.
She's not gonna
take manslaughter.
She will if
you tell her to.
I won't tell her to,
and I don't think that
you made the elements.
Look, this could
go either way.
We all know that.
Why do you
want to risk life?
Manslaughter,
she's out in 5.
You want to stay up all night
working on a closing argument?
You guys
ever get tired?
Excuse me a second.
Hey, Bobby,
I'm just watching.
It's legal.
Yeah, yeah.
How much of her
testimony did you hear?
Most, I think.
Do you believe her?
I don't know,
but I don't
disbelieve her.
They're offering
manslaughter.
Ha. I wouldn't.
Really?
I don't think they've
made their case,
not on murder.
Pretty soon,
it'll be illegal
for a boy to
give a girl a flower.
I share
the petitioner's concern.
I also share the notion
that a school is a child's
first introduction
to society.
It should be no less
sexually charged just
because they're children.
In fact, because
they're children,
maybe these school policies
are our best hope
of one day curtailing
gender hostility
and discrimination.
We're quick to say education
beats retribution.
So let the schools
try to educate.
I'm upholding
the suspension.
Oh, you gotta
be kidding me!
Roberta.
The world has
gone upside down.
I agree.
But since passing a note
as an adult
could cost him
a lot of money
and even his job,
maybe it's best to give
him the message now.
And maybe
it's time to change
a stupid, ridiculous,
God-awful,
laugh-out-loud,
dumb law.
There's always that.
The key is Dr. Katten.
He testified "possible"--
death wasn't immediate.
-Remote. The likelihood--
-He said "possible."
You just keep hammering
possible, possible, possible,
doubt, doubt, doubt,
doubt.
I'm leaving.
If my father knew
the hours I kept here...
Lucy,
what does your father do?
He drives a cab.
Why?
Nothing.
And, um, what about
your mother?
She's dead.
Oh, I didn't mean to...
I've heard you say
"parents."
Yeah, well, sometimes
I include step-thing.
Why are you looking
at me funny?
I'm not, um... um...
Good night.
What are you doing?
We have to stay on
reasonable doubt, Bobby.
We can't just try to
argue the father did it.
I know.
Can I ask you something?
Are we a couple?
I mean,
a couple-in-waiting?
We've kissed.
We've--what are we doing?
Or not doing?
What's going on?
Are you dying?
Why is this
suddenly coming up?
Well, isn't it strange
that we don't address--
obviously we have feelings.
You're asking me if it's
strange that you don't
address your feelings?
Was I just insulted?
Bobby, I was in love
with you once.
Maybe I still am,
but I don't think--
What?
Do you really want
to get into this?
No.
(sighs)
This isn't a great life.
Great job, but life?
You know, I need
somebody to pull me
out of this a little.
And whatever you may be,
you'll never be that.
So we're not
a couple-in-waiting?
Truth?
I could fall in love
with you all over again
if I let myself...
But I won't.
Their own
medical expert told you
that it was possible
the injury could have occurred
before Kevin Barlow arrived
at Evelyn's house that day.
He told you that.
"Possible."
Kevin's father
was alone with him.
Did he shake him?
We certainly have
no evidence that he did,
no witnesses.
But they have no proof
that he didn't,
do they?
And he does have
a history of violence.
Evelyn Mayfield doesn't.
You heard witness
after witness after witness
tell you they've never
seen a hint of violence
in this woman,
or even anger
for that matter.
Their whole case is that
she was with the baby
at the time of death.
While their own doctor says
the injury could have
preceded the boy
coming into
my client's custody.
Reasonable doubt?
The doctor's testimony
was that it was
a virtual certainty
that the baby's death
was immediate.
Oh, sure, they seize upon
that word "possible."
It's a great word
because it's so difficult
to disprove a negative.
Possible.
Well, anything's
possible, I guess.
But that doctor told you
that the baby's death
was immediate,
and the defense has done
nothing to contradict it.
Maybe Evelyn Mayfield
really does believe
she didn't do this.
Sometimes psychic anguish
can just block out
all memory.
It's been
known to happen.
But she did do it.
And deep down,
she knows she did it.
That's why she
didn't call the parents,
that's why
she froze on the stand.
And when all these
people from her church
march up there and say,
"Oh, she couldn't have.
She couldn't have."
Well, it probably makes it
easier for her to think
she couldn't have.
The death was immediate.
She was the only one there.
She cannot account
for 40 minutes,
40 minutes of blank time
which coincides
with the time of death.
Of course she did it.
Roberta.
I couldn't
sleep all night.
I want to appeal.
We can't appeal.
Even if we could--
He's a good kid.
Well, nobody's
saying he isn't.
Are you okay?
What chance has he got?
You know, I try to
get him to stop stealing,
and the best way to do that
is to keep him in school,
but the school
throws him out.
And the courts
won't help me.
I'm all by myself.
His dad only comes
to see him on weekends,
and I try--
REBECCA: Hey, hey.
Nobody is
blaming you here.
He's getting away from me.
You know, the last couple
of years, he is a good kid,
and now he's
out stealing bikes.
He needs something
I can't give,
and I don't know
what to do about that.
Okay.
Shh.
What's up?
Listen, everyone's
nervous about you doing
the Robin trial.
Me, I think
you can do it.
We have a partners
meeting later.
A partners meeting?
Our first one.
In honor of me?
I expect to
get voted down.
But tell me how you
plan to try it.
Does it matter?
It might.
Tommy Silva's
gonna get up there
and try to separate
himself from lawyers.
I think he's gonna
try to get the jury
to send a message.
I plan to be more of
a little guy than Tommy.
Play it simple.
Tell them we had
an innocent man
faced with
losing his life,
and we fought for him.
-Bobby, we got to go.
-Verdict?
We've been
called to chambers.
I just received a question
from the jury,
and I'll tell you
how I plan to respond
and then give counsel
for the state
and the defense
the opportunity to make
any comments or objections.
The question is...
Well, actually,
it's two questions.
First, they would
like to know if they
can have more water.
Second, they would like to
know if killing an infant,
in and of itself,
constitutes extreme cruelty.
So... what's going on?
They're deciding
between murder one
and murder two.
H-how?
The question was
about extreme cruelty,
one of the elements
necessary for
the first-degree charge.
Well, maybe they just
didn't understand it.
That isn't it.
They're not deciding between
guilt or innocence anymore.
It's between
first- and second-degree.
I--I doubt that the D. A.
would be even willing to
offer manslaughter right now,
but...
I should at least try.
No.
Evelyn--
I'm not going to
agree to manslaughter.
Are you even listening
to what I'm telling you?
God won't let them
convict me.
I know He won't.
I know it.
Listen, I think God
has dropped the ball here.
Either that or Helen Gamble
got to him.
You need to
prepare yourself.
It's not
going to happen!
He's going to
take care of me.
Now, if you
could excuse me,
I need to pray.
Honey...
maybe we should
listen to what he's
trying to say here.
I need to pray.
I couldn't believe it,
her face.
She had this
religious blank stare.
She looked like--
Kenneth Starr?
I'm trying to tell her
she's facing life in prison,
and she doesn't
even hear me.
-Have they come back
with a verdict?
-Not yet.
I told you
she was guilty.
Eebie-jeebie lady,
shake, rattle, and roll.
Lucy--
It's not that we don't
think he's any good.
Then why are
we sitting here?
Because this
isn't just any case.
Our whole future
rides on it.
Jimmy may be good,
but he certainly
isn't our best.
We could hire better,
get outside counsel.
I've seen
Tommy Silva at work.
He plays the "regular guy"
thing like a violin.
That's exactly
why we--
Jimmy's style, I still believe,
is the perfect counter.
Lindsay, remember how
he did in the power lines case?
Yes.
The case against us
is stacked--
dead sister,
brother accused,
life ruined,
father dying,
the evil criminal
defense lawyer.
This case is tailor-made
for Tommy Silva.
He will tap into
the people's contempt
for lawyers.
Jimmy is a teddy bear.
He's good.
In my opinion,
he represents
our best chance.
All right, why don't
we just take a vote?
All against.
All for? Mine counts
for two, remember?
Rebecca,
you're a partner, too.
He can take
all your property
as well.
Ellenor,
let her make up
her own mind.
I'm with Bobby.
Three to three.
I decide tiebreakers.
Jimmy's got the case.
-Wait a second.
-You can't do that.
You basically
have three votes now?
It's in
the partnership.
Jimmy will
first chair,
I'll be second.
Who won?
-Lucy!
-Get out!
The jury's back now.
Thirty minutes.
Okay.
Jimmy, quick vote.
Your case.
Congratulations.
You'll do great,
Jimmy.
Good luck, buddy.
Will the defendant
please rise?
Mr. Foreman, the jury
has reached a verdict?
We have, Your Honor.
JUDGE:
What say you?
"Commonwealth
vs. Evelyn Mayfield.
On the count of murder
in the first degree,
we find the defendant
Evelyn Mayfield...
not guilty."
-(crowd murmurs)
-MAN: Oh! Wonderful!
"On the count of murder
in the second degree,
we find the defendant
Evelyn Mayfield...
guilty."
JUDGE:
The bailiff will take
the defendant into custody.
The jury is dismissed
with the thanks
of the court.
We are adjourned.
I'm filing a motion
for the judge to consider
reducing the verdict
to manslaughter.
I don't expect
it to fly--
We can appeal, right?
Yeah.
We'll appeal,
we'll win.
It won't end like this.
It'll be okay, Bobby.
Yeah.
You stinker!