The Practice (1997–2004): Season 5, Episode 11 - An Early Frost - full transcript

Scott Wallace is put on trial for murder yet again, with Bobby determined to prove his mental state is responsible for the crime. Lindsay becomes terrified when William Hinks continues to harass her, with the police being unable to touch him, until Bobby's decision to take matters into his own hands gets out of control.

BOBBY: Previously
on "The Practice"...

We find the defendant
William Hinks not guilty.

Lindsay, the man
did not kill anybody.

Jeannie, he did.

WILLIAM: Can I vote?

LINDSAY: Since you are
treating him,

I would just like you
to prevail upon him

not to stalk me
anymore.

I can't promise
I'll be effective,

but I'll certainly try.

I am issuing
a restraining order



requiring Mr. Hinks
not to contact, follow,

or approach Ms. Dole
and Ms. Hatcher

and to stay at least
1,000 feet from them,

their homes,
and their offices.

BOBBY:
You told the police

that Scott Wallace
acted with premeditation?

-He did.
-You're his lawyer.

Not on this, I'm not.

Ellenor and I
were witnesses.

And Ellenor
correctly said he snapped.

I don't agree.

Well, if you're wrong, Jimmy,

your mistake could cost
a man a life sentence.

We all think it would be best
not to represent Scott Wallace.



-Forget it.
-We should vote, Bobby.

All those in favor
of me representing him...

all opposed...

The ayes have it.

You're going up first.

You also might be
batting cleanup.

Okay.

I'll basically just be
asking you what you saw.

Contrary
to popular belief,

I do not supply the answers
of my witnesses.

This is
a little delicate, but...

you do realize the lawyer
who will cross-examine you

will try to leave you
in the shape of a pretzel.

How long do you figure
to keep me up there?

It should be
pretty short.

I'm assuming
you have no conflict,

and you'll continue
to give a truthful account.

Of course
I have a conflict.

My boss
is opposing counsel.

I'll be testifying
against a former client.

In my life,
I'll probably never know

a bigger
professional conflict.

But you're prepared
to tell the truth.

That's why I'm here.

Okay.

Once again,
you might know Bobby Donnell,

you might be friends
with him,

but being cross-examined
by him

is a different experience,
one you might not be --

Richard,
I can handle Bobby.

Bobby.

Forget it.

It's too late now, anyway.
We start tomorrow.

Let me do it, then.

Eugene, the only reason
the judge signed off

on the conflict is because
of the unique trust

that Scott shares with me.

This firm.

No, me.

This could splinter us.
Jimmy, Ellenor --

We've been through it.

Well, for Scott Wallace's
sake, then.

You've been erratic.

I'm your friend, Bobby.
I'm your partner.

Trust me
when I tell you

you're in no emotional shape
to be trying this case.

I am trying this case.

End of discussion,
Eugene.

♪ (theme)

The decision to even allow
Bobby Donnell

to represent Scott Wallace
in this case

has drawn
considerable fire

from judges, prosecutors,
and defense lawyers alike.

MAN: There is insanity here.
It comes from Mr. Donnell

and Judge Michaelson.

The idea that a lawyer
acts as defense counsel

where two lawyers
from his own firm

are primary witnesses?
It's ludicrous.

Did Bec call?

Yeah.

She just left the clerk.
You're on time.

(door opens)

All set?

What, we shouldn't
go over together

'cause we're
on opposite sides?

Jimmy, you've got to promise
no hard feelings.

How many times
are you going to say that?

Well, I will
have to go after you.

I understand that, Bobby.

And I'll get you.

I'll embarrass you.

Do you understand that?

What's this, one of your
intimidation tricks?

I'm not trying
to intimidate.

I just don't
want this trial

to jeopardize
our friendship.

Bobby, if you gave a rat's ass
about our friendship,

you wouldn't be
on this case.

All right.

No, let's all be honest.

My involvement here
is mandatory,

just like Ellenor's.
We're material witnesses.

The only one
with a choice is you.

I didn't choose.

Scott Wallace isn't
in a psychological place...

Can't trust anybody
but you, yeah, yeah.

Look at you guys.

You're already
at each other's throats.

I'm not
at anybody's throat.

I'm just saying, Jimmy,

what I do in that room
is purely professional,

so please don't
take it personally.

(telephone rings)

Donnell, Young, and Dole.

When?

Well, is she okay?

Yeah, I'll --
I'll let her know.

Thank you.

Jeannie Reynolds
had a heart attack.

What?

She's in the E.R.
at Mass. General.

I'll go with her.

WOMAN (on P. A.):
Dr. Hoffman
to Medical Records.

Dr. Hoffman to
Medical Records.

Lindsay.

Is she okay?

They don't know yet.

Lucy Hatcher, this is
Jeannie's mother Marianne.

She was supposed to drive me
to the airport this morning,

and she didn't show.

I couldn't get her
by phone,

so I went over
to her apartment.

She was just lying on the bed,
and she wasn't breathing.

Did they get a pulse?

The paramedics --
I think they got something.

Yeah. I don't even know
how long she was lying there.

Had she had
any heart problems?

No. She's in her 30s,
for God's sake.

What 30-year-old
has a heart attack?

We were trying one last time
to negotiate a settlement.

Mr. Duvall was also a friend
of Scott Wallace,

so we figured
it was worth a try.

Can you describe
what transpired

at the meeting,
Mr. Berluti?

Well, Mr. Duvall told Scott
he would not rehire him,

and Scott
began to get upset.

He felt particularly
betrayed by Mr. Duvall

since they were friends.

Scott -- he claimed
his life was ruined,

and that Mr. Duvall was
the first to abandon him.

Then, suddenly,

he's pulled a gun,
and he looks for a second

like he's going
to kill himself.

He even pointed
the gun at himself.

And then what happened?

Well, Mr. Duvall
started to try

to talk him out of it.

He said
suicide wasn't the answer.

And Scott,
he said something like...

"You're right,"
and he turned the gun,

and he pointed it
right at Mr. Duvall.

Could you describe

Mr. Wallace's demeanor
at this point?

Well, he was angry.

That was the thing.

He wasn't, like,
in despair.

Objection -- foundation.

Overruled.

Go ahead, sir.

He also --
he wasn't talking crazy.

He was actually giving
these clever little answers.

What do you mean?

Well, when he had
the gun on himself,

Mr. Duvall said --

Hearsay.

Overruled.

He said,
"Suicide's not the answer,"

and Scott, he said,

"How would you know, Harry?

"The last time
you killed yourself,

it didn't work out?"

and then
after he shot him,

he turned to Ellenor Frutt
and me all calm,

and he said, "Bet you're glad
I ran out of bullets, huh?"

From your observation,

was this man acting
in conscious control --

BOBBY: Objection.
Foundation.

I'm asking
the lay opinion

of somebody
who was in the room.

I'll allow it.

When he fired that gun

and killed Harry Duvall,

did he appear to be
in control of himself?

In my lay opinion,

this was not
a man who snapped.

I think he only pointed
the gun at himself

to make it seem like
he was out of control.

But when he shot
Harry Duvall,

to me, it looked like
an ice cold execution.

Ms. Reynolds?

I'm sorry. The coronary
was just too massive.

Oh, God.

Please, God, no.

She died of -- you're sure
it was a coronary?

Yes.

You don't have
any psychiatric training,

do you, Jimmy?

No, I do not. I said
it was in my lay opinion.

What was
going through your head

when Mr. Wallace
first pulled out that gun?

At first when he put
the gun to his head,

I thought he was going
to kill himself.

Did you try to stop him?

Did I try to stop him?

Yes. Did you do anything?

No. I think
I kind of froze.

You froze.

Did you say anything?

I don't really remember
if I said anything or not.

You don't really remember.

You remember things
Mr. Wallace said,

but you don't remember
what you said.

I don't remember
saying anything.

Does that mean
you didn't say anything,

or if you did,
you just don't remember?

I didn't say anything.

Why not?
Your own client

was apparently
about to take his life.

You didn't even try
to dissuade him?

I think I was
a little in --

I was surprised.

You were about to say
you were in shock,

weren't you?

I wasn't in shock.

I was caught by surprise.

Why didn't you
do anything, Jimmy?

You could have
said something.

You could have tried
to restrain Mr. Wallace.

You could have left the room.
Instead, you did nothing.

The man had a gun.
I wasn't going to rush him.

Why, were you in fear
for your own life?

A little, sure.

So you were in fear when
all this happened?

Yes.

Ever been shot
yourself, Jimmy?

Yes.

Objection. Relevance?

I'm attempting to show
this witness was in shock.

He had previously been
a shooting victim himself.

When he saw the gun --

Now he's testifying.

That objection is sustained.

The first one is overruled.

Where were you shot, Jimmy?

My midsection.

You almost died,
didn't you?

That had nothing to do--

You almost died.

Yes.

In fact,
you still have nightmares

over being shot, don't you?

Yes.

-Ever sought therapy for that?
-No.

Ever talk
about your nightmares

with family
or close friends?

No.

You get shot.
You almost die.

You have
reoccurring dreams.

You don't talk about it
with anybody?

-No.
-Why not?

There's no need to.

It's something
I can deal with myself.

It's something
you can deal with yourself.

And if somebody were
to pull out a gun

in front of you today,

you don't think
your powers of observation

would be
at all compromised

by your own
personal history?

No, I do not.

When somebody goes to kill
themselves or somebody else,

it's your normal
clear-headed reaction

to neither do anything
nor say anything?

It's how I reacted
in this situation, yes.

And tell me, Jimmy,
since all this happened,

do you have nightmares
thinking maybe

if you had done something
or said something,

Harry Duvall
might still be alive?

Have you been haunted
at all by that, Jimmy?

No.

Gee, to let another man
be killed --

Objection.

You were in shock,
weren't you, Jimmy?

No, I was not.

No? And it really
doesn't bother you

that you didn't
do anything?

Objection.

Withdrawn.

Nothing further.

It was not
a heart attack.

Lindsay...

I don't care
what the doctor said.

A woman in her 30s doesn't
just suddenly turn up dead.

It was William Hinks.
I know it.

What, he scared her
into having a coronary?

Did you check for toxins?
If she was poisoned --

-Lindsay--
-At least order an autopsy.

The mother
is resisting that.

Without some evidence
of foul play --

Michael, she was treating
a serial killer.

This wouldn't fit
his pattern.

I know, but don't you think
it's a bit of a coincidence?

Lindsay --

I know he did it.
He killed her.

I'll tell you what.
We'll dust her apartment,

search it as if it were
a crime scene.

What about the autopsy?

You'll have to get the family
to agree to that.

(sighs)

I completely disagree
with Mr. Berluti's account.

BOBBY: How so?

Well, from my observation,

Scott Wallace
was extremely erratic.

Though I am
no psychologist,

I believe he was going
to take his own life,

and then he suddenly
turned the gun on Mr. Duvall.

Could you describe
his behavior physically?

Yes. He was trembling,
shaking,

his eyes were closed

when he had the gun
up to his own head,

and then he started
to rock up and down slightly

on the balls
of his feet.

What did you do
at this point?

Well, I tried to stop him,
reason with him,

but he just screamed at me
and told me to shut up.

I mean,
he screamed it at me,

like he was
some kind of a madman.

And when he turned the gun
on Mr. Duvall?

His eyes had
this blank, foreign look.

I think, mentally,

he was gone
at that point.

Ellenor, what about
Jimmy Berluti's behavior?

That seemed
very odd as well.

How so?

He just sat there.

When Scott
pulled out the gun,

we all jumped up
except for Jimmy.

He just sat there frozen,
like he was catatonic.

I think
he went into shock.

"Erratic," "madman,"
"catatonic," "shock" --

A lot
of clinical buzzwords.

I said
I was no psychologist.

I testified
as to what I saw.

In addition
to being a witness,

Scott Wallace
is also your client.

Former client.

Well, he continues to be
a client of your firm.

It doesn't compromise
the truth of my testimony.

Could you respond
to my question?

I am responding to
your implication.

Yes or no.

Scott Wallace is a client
of your law firm.

Yes.

And you, personally,
have been his lawyer.

Yes.

And Bobby Donnell

is the senior partner
of your law firm.

Yes.

An autopsy?

This man is ingenious.

I just can't
rule out the idea

that, somehow,
he's involved.

Wouldn't the doctors
have been able to tell that?

Yes, with an autopsy.

On the face of it,

there doesn't seem to be
any foul play, but I just --

The idea
of cutting her up...

This man is meticulous.

(sighs)

If she was killed,

there isn't likely to be
any evidence at her home.

Mrs. Reynolds,
even with just the possibility
that she was killed --

You're the only one

suggesting the possibility
she was killed.

An autopsy could be done
in a day, maybe two.

I just have
a strong feeling that --

Certainly
you can't expect

that restraining order
to apply here.

I heard that Dr. Reynolds
had a medical emergency,

I came down.

I had no way of knowing
you'd be present.

Did you kill her?

That hurt my feelings.

Did you kill her?

In that you ask me
such a question

within earshot of others,

I have a cause of action
for slander.

Why don't you sue me?

What a delightful idea.

Be tough to enforce
that restraining order then,

wouldn't it, with us
inextricably embroiled

in a lawsuit together?

By the way...

I don't poison.

I cut off heads.

That's the man
I think killed your daughter.

Please request the autopsy.

EUGENE: How's he doing?

Actually, I thought
he was pretty great.

In control.
He had Jimmy for lunch.

What?

Oh, hey, Jimmy.

He didn't
have me for lunch.

I-I'm just trying to be
optimistic about the case.

I thought
he did terrible.

He strayed so far
off course with me...

he looked desperate.

You could be right.

He didn't
have me for lunch.

Let's go.
We're back in.

Jimmy,
still friends, right?

You didn't touch me.
All that crap

about me getting shot
and how it affected --

That was stupid, Bobby.

You think a jury's
going to fall for that?

It was desperate.

What are you doing here?

Just checking in.

You need anything?

Nope. I'm fine.
Come on, Bec.

SCOTT: When he started,

when he said I could have...
could have my job back,

I just felt
the blood rush to--

Just that he could
pity me after that.

The gun
was in your briefcase.

Why did you put a gun
in your briefcase that day?

Well, many reasons.

When you walk around
with a holster,

people look at you funny.

Scott, we need
for you to be serious.

Serious is working
less well for me.

When you packed the gun
in your briefcase,

did you plan
on killing Harry Duvall?

No.

No, I planned
to kill myself...

or a stranger.

A stranger?

When, uh...

when I first put it
in the briefcase, I --

I thought,
I'm going to kill somebody.

Probably just somebody
I passed on the street.

Why?

Why not?

I mean, why?

What happened to me was

I lived my whole life
like, you know,

don't drink and drive,
work hard at school,

and be good
to your parents --

I jumped through
all the right hoops,

you know,
and it doesn't matter,

does it?

It's all so arbitrary.

Well, I picked up a gun,
and I wanted the power.

I thought it'd be,
you know, a stranger.

I thought maybe I'd --

Right there on the street,
and boom,

and I'd look in his eyes,

and I'd see
that "Why me?" look

in somebody else's.

So you thought
you'd kill a stranger.

I don't know.

Probably just myself,
you know?

And when you pulled
the gun out...

It was to kill myself.

Then when he offered
my job back,

when he tried
to be a hero,

I didn't want him
to think that.

I didn't want him
to strut

with the idea
that he was a good friend,

and, oh,
I just felt hot,

and the next thing I know,

he -- he was recoiling
like he'd been shot,

and then I realized
he was shot,

and that I was the one
that shot him, just...

(imitates gunshots)

Nobody moved.
I think we were all glad

he didn't have his gun
up there on the stand.

Did Bay cross?

Tomorrow morning.

So Bobby's been okay?

I think he's been perfect.
He's focused...

So what's he doing now?

Oh, he's in there
with the shrinks,

which I should
probably be, too.

(door opens)

Okay, Lindsay,
you were right.

What?

She was injected
with liquid nicotine.

It simulated
all the conditions

of a heart attack.

We've searched her apartment.
We found two hairs,

and we're running
the DNA analysis as we speak.

So she was murdered.

She was murdered.

I'm fine, Bobby.

Don't keep telling me that.
The guy --

We've got a guard outside,
and they're picking Hinks up.

Until they pick him up,

the guard goes with you
everywhere.

LUCY:
I would like one, too.

I mean,
the guy's got my address,

and he looked at me
like he was attracted.

You get a guard, too.

Bobby,
we got to get going.

Come on.
Everywhere you go.

Morning, Jimmy.

Good morning.

Jimmy, you do seem to be
taking this personally.

He made it personal,
Ellenor.

He was defending
his client.

My personal history has
nothing to do with this case,

and you know it.

Well, actually,
I don't know it.

I think Bobby raised
a legitimate question.

I don't want to talk
about it, all right?

Yes, and your not wanting
to talk about it

goes straight to the question.

Your testimony was
very powerful, Mr. Wallace.

Glad you liked it.

I aim to please --
and, of course, to shoot.

Yes, I think I was
most struck by your anger.

You're a very angry man,
aren't you, Mr. Wallace?

You seem to have
a firm grasp of the obvious.

Yes, and what's
also obvious

is you just happened
to shoot

the person
you were most angry at.

What a coincidence.

-Objection.
-Overruled.

How'd you get to the meeting
that evening, Mr. Wallace?

I drove.

Stop
for all the traffic lights

on the way over?

I don't remember.

Any accidents or incidents

on the way
to Mr. Donnell's office?

No.

You were dressed how?

I wore a suit.

On time
for the meeting?

Yes.

If the meeting
had gone well

and Mr. Duvall had
given you your job back,

think you would have
shot him?

Objection. Speculation.

Sustained.

Are you remorseful, sir,
for shooting Mr. Duvall?

You know Sarah Duvall,

Harry's wife,
sitting right over here.

You know
his three children.

You've just sat up here
talking

about shooting a husband,
a father of three.

You've talked
about killing him

with all this
righteous indignation.

Look at them,
Mr. Wallace, and tell them

how powerful it made you feel
to be arbitrary.

Should we object?

No.

Just explain to them

how unfair
life has been to you.

I am sure
they'll understand.

Maybe you could even
give them some advice.

Tell them
they'll feel better

if they just go out

and shoot
somebody themselves.

I don't feel
like talking anymore.

I'm not going to talk.

I'm not going to talk.

MICHAEL: You're going
to talk.

Oh, I have something
to say, detective,

but it'll be to the judge
when I file a claim

for harassment,
false imprisonment --

Incidentally, will this
be the last arrest,

or can I expect others?

I want to know where
you were two nights ago.

I believe I was home alone
watching "Taxi."

You think
that's funny, William?

I find humor is all about
knowing your audience.

While the joke
could be lost on you,

I'm sure Lindsay is about
to find herself in stitches.

You don't think I know
you come in to watch?

People always know

when they're
being watched, Lindsay.

You, of all people,
should know that.

I can't hold him.

What do you mean? He --

I've got
no evidence, Lindsay.

The man --

The DNA
didn't check out.

It was
somebody else's hair.

You already know?

We can't place him
at the scene.

There's nothing
to hold him with.

Unless he planted
somebody else's hair,

which is starting
to happen now.

Maybe he did, but we have
nothing to implicate him.

You're the D.A.
Give me some advice here.

So he's walking back out.

He basically told me
that I'm next,

and out he goes?

What about
just on the threats?

They can't
hold him on that?

Put Helen on.

How overt
do they have to be?

Well, how long do we wait,
Helen, till Lindsay --

don't tell me
to calm down,

and don't tell me
there's nothing you can do.

Go out and plant
some evidence if you have to.

You're the police.

Bobby.

Lucy, call Alan Neel.

Get him in my office
this afternoon.

Tell him
it's an emergency.

What happened?

They released Hinks.
No evidence.

Whoa, whoa, whoa, wait, wait.
Are you okay to go in there?

I can do direct on Murphy.

I can do it.

Okay, then take a breath.

-I can--
-Take a breath.

You can't
just judge his sanity

by the single act
of the crime.

You need to consider his
whole psychiatric database.

What does that mean?

Basically,
his prior mental history.

He'd been experiencing
deep clinical depression,

he'd been exhibiting
symptoms of psychosis,

seeing spots,
sleeplessness, paranoia...

And when he pulled out
the gun...

In my opinion,

that was the culminating
psychotic act.

He'd lost his ability

to be responsible
for his actions.

Are you saying
if a person is depressed

or he sees spots,
that's a precursor

that he could
become homicidal?

Of course not.

I'm saying in this case,
it was a precursor.

Well,
with all this psychosis,

did you ever recommend
he be committed?

No, but I wish I had.

You wish you had.

Mr. Wallace
had the presence of mind

to select his victim
when he shot Mr. Duvall

instead of his lawyers,
didn't he, Doctor?

Well, that doesn't mean
it wasn't a psychotic act.

Oh, no one's denying
the psychosis here, Doctor.

The question is whether
Mr. Wallace could appreciate

the nature of his act.

He selected the victim
who angered him.

He knew to stop shooting
when he ran out of bullets.

Are you making up your
own test now, Mr. Bay?
For legal--

You certainly felt free
to make up yours.

Objection.

Sustained.

The fact
that he was able

to demonstrate
victim selection

is proof to me he knew
exactly what he was doing.

Even if his acts
were irrational, Doctor?

Every murder is irrational,

and this man exhibited enough
rational thought to plan this.

He brought a gun
to the meeting.

It's premeditation
and preparation.

The psychiatric testimony
was pretty much a wash.

The good thing --

in Massachusetts, the burden
is on the prosecution

to show you were sane.

We don't have to
prove you weren't.

You make it all sound
so optimistic.

I could almost
lose sight of the fact

that insanity defenses
are successful

in less than a quarter
of 1% of all criminal cases.

Scott, I have to tell you,
with your attitude,

our chances
are worse than that.

Well, if I get
convicted here, Rebecca,

I go back to a society

where there are
even bigger pariahs than me.

If you're even remotely
looking forward

to that society,
you're every bit as insane

as we're cracking you up
to be.

Where's Bobby?

He's working
on his closing.

I'm impressed.

Business must be good.

Yeah, we get by.

And I hear
you're married now.

Yeah...

which is the reason
I called.

You want me to kill her?

No, I do not want you
to kill her, Alan.

She's being threatened,

and her life could
very well be in danger.

From who?

His name is William Hinks.

He's a serial
psycho head chopper

we just successfully
got acquitted.

Now he's obsessed
or something with Lindsay.

Okay.

$50,000 cash up front.

I'm not hiring you to --

I just want you
to scare him.

Scare him?

The police have tried,
the D. A. s have tried.

The problem is he knows

there's only so much
they can do.

I want him to hear it
from somebody

he thinks
might actually hurt him.

You're really worried, huh?

We're talking
about my wife, Alan.

I mean, this guy is sick.

We think he just killed
his therapist.

You remember, uh...

I said this day would come?

Sorry?

You know, when I was looking
at double consecutives,

and you got me off.

And I said, "Someday
you're going to need me

just like I needed you."

I also said I'd deliver.
Remember that?

Put the fear of God
in him, Alan.

You got an address?

Yeah, I got it
written down.

Bobby -- Oh, I'm sorry.

I-I'll be right out.

Yeah.

Pregnant, even.

I'll take care of it,
Bobby.

Thanks.

This man had been diagnosed
long before the shooting.

He was suffering from twin
positional emotional traumas --

His wife's death
and being accused of it.

He had been on the edge
of a psychotic break

for which
he was hospitalized.

This isn't a case of lawyers
and doctors finding a disorder

after the event.

Scott Wallace's
mental condition

was pre-existing
and diagnosed months before.

He had been on the edge.

Karen's death, the arrest,

the conviction, prison,

the appeal,
the second trial --

He had been living all that

while suffering
clinical depression,

and he finally lost it
that night with Harry Duvall,

just like Dr. Murphy
told us he would.

You heard
seven different experts --

psychologists,
forensic psychiatrists --

they all told you
to a medical certainty

that Scott Wallace
had a psychotic breakdown.

But you don't have to
get weighed down

by all the medical jargon
and the science.

The test of legal insanity,
it really comes down to this --

was Scott Wallace able --

Was he able
to conform his conduct

to the requirements
of the law?

And to answer that question,

you only need
ask yourselves this --

Even if the Boston police
had been right there

in the room with him
that night,

would he have
still shot Harry Duvall?

And we all know
the answer to that question.

It's yes.

RICHARD: He didn't
just pull out a gun

and start firing.

He shot the man
who wronged him

after planning it,

after packing a gun
in a briefcase to conceal it.

This was a reflective choice.

For every psychiatrist
they put up there

to declare him insane,
we put up two to say he wasn't.

This is a man,

when he gets angry,
he acts on that anger.

That's why he was charged
with his wife's murder,

for which he was convicted
at first.

That's why even
his close friend Harry Duvall

knew him to be a murderer,

and that's why
his own lawyer...

his own lawyer,
who was in the room at the time,

who saw it,

he knew it to be
a cold-blooded act of execution,

and he told you that.

BOBBY: Jimmy Berluti

was a previous
gunshot victim himself.

He froze when Scott Wallace
pulled out that gun.

His powers of observation
were paralyzed.

He didn't even do anything
to try to stop

either the suicide
or the homicide.

The other eyewitness,
Ellenor Frutt,

she told you
Scott Wallace snapped.

He pulled that gun out
to kill himself,

and then he went blank,

and as Scott himself
testified, the next thing,

shots were being fired,
Harry Duvall was being hit.

Scott Wallace
was mentally gone.

And I would submit
every murderer has to be

a little mentally gone
to commit a homicide.

That doesn't mean
we excuse it.

Scott Wallace
was fed up.

He'd had enough,

and now it was time
to get even.

Revenge may be motive,

but it's no defense.

Can they prove he was sane
beyond a reasonable doubt?

No.

They don't prove sanity
beyond a reasonable doubt.

Intent, preparation,
victim selection.

He snapped.

He chose.

He was insane.

He was angry.

Not guilty.

Guilty.

Could he appreciate

the wrongfulness
of his conduct?

That's the question.

Could he appreciate

the wrongfulness
of his conduct?

That's the question.

No witnesses
to place him near the house.

What about --

You said that hair
could have been planted.

Well, a lot
of criminals

are taking advantage
of DNA evidence now

by leaving a strand
of somebody else's hair

or a drop
of somebody else's blood.

Hinks is certainly
smart enough.

He is a suspect.

Yes, he is.
Lindsay, we're on it.

Can you just follow him
wherever he goes?

No, we really can't
do that.

Truthfully, I think
it was a mistake

for me
to try to scare him.

Some of these psychos,

you antagonize them,
they just get worse.

ALAN: William Hinks?

Well, you tried
a great case, Bobby.

Thanks.

I know I could have
been more help.

I should have
flapped my arms or something.

Don't you care, Scott?

Scott?

When I let myself care,
that's when I get hurt.

You know?

It's just...

boom!

Kidding.

I started to go crazy

because, you know, they were
calling me a murderer.

They, uh...

they said I killed my wife,
and look what happened.

I became one.

I mean,
I shot Harry Duvall.

I turned into exactly
what they were calling me.

You're not a murderer,
Scott.

Yeah.

Well, you're a good man,
Bobby,

but that's no guarantee.

(pager beeps)

Verdict.

JUDGE MICHAELSON: Mr. Wallace,
would you please rise?

Mr. Wallace?

Mr. Foreman, has the jury
reached a verdict?

Yes, your honor.

What say you?

Commonwealth
vs Scott Wallace

on the charge of murder
in the first degree,

we find the defendant
Scott Wallace

not guilty

by reason of mental disease
or defect.

(audience murmuring)

The Commonwealth moves

the defendant be committed
to a psychiatric facility.

The court orders that
the defendant be hospitalized

for a period of 60 days
for observation at Bridgewater.

We'll consider
further petitions after that.

Court is adjourned.

(judge pounds gavel)

What's going on?

It's for observation
and treatment.

It's temporary,
and, Scott, you need it.

Will I get out?

Probably in 60 days.

Scott, you need help.

Treatment
is a good thing here.

Okay, okay, Bobby.

Bobby, I didn't know
what to say the last time.

Now...

thank you.

Helen?

It's okay.
Lindsay's fine.

What?

What?

Michael called me.
He's inside.

BOBBY: Michael.

You don't want
to go in there.

I'm going in.

Bobby.

I'm coming in.

Lindsay, stay with Helen.

Hinks?

Yeah.

Where's his head?

You have any suspects?

Not yet.

♪ (theme)

You stinker!