The Practice (1997–2004): Season 5, Episode 18 - The Confession - full transcript

(sirens and
indistinct chatter)

(radio chatter)

(helicopter passes overhead)

Carjack.

Victim evidently
tried to fight him off.

She got dragged,
car collided with a pickup.

That's the driver
of the pickup over there.

He's unhurt.

Suspect?

Fled on foot.

No witnesses yet.



Connie?

Keep that man back.

-Victim's husband.
-I don't care. Keep him back.

Connie! No!

Where did the jacking
take place?

A superette
about a quarter mile back.

Why are you here?

I picked it up
on the scanner.

MAN: Where's Justin?
Where's my son?

3-year-old son
was in the car!

McGUIRE: What do you see?

Uh, we see him now.

There's no movement.

Oh, my God.



Do you hear anything?

No, ma'am.

Helen, why don't you beat it?
You don't have to see this.

Are you okay, son?

Where's Mommy?

Where's Mommy?

Mommy.

Where's Mommy?

♪ (theme)

(radio chatter)

By the time
I got out of my truck,

I-I saw somebody
running away.

I couldn't really tell
if it was a man or a woman.

How far away
was he running?

I don't know.
75, 100 yards, maybe.

You never saw his face?

No.

Detective.

Picked him up
half a mile south.

Out of breath,
bruises --

he tried to run
soon as he saw us.

He say anything?

Just started screaming
he didn't do it.

-Read him his rights.
-Done.

Get him to interrogation.
I'll meet you there

-and get a blood test.
-Yes, sir.

I promised Ellenor

I'd be by with dinner
a half-hour ago.

It's waiting for you
at pickup.

Why can't Rebecca work late?
She didn't have a baby.

All right, Jimmy.

I'm just saying

it's you and me
every night, Eugene.

Plus I got to bring
Ellenor her food.

Jimmy.

Karen.

What's wrong?

I need some help.
It's Eddie.

Oh, God.

It isn't drugs
this time.

He may have --

They say
he killed somebody.

Nothing?

He must have been
wearing gloves.

None of the prints
matched his.

You've dusted
the whole car already?

No, but the wheel
and the door so far.

And not a single witness.
Nobody at the superette?

Not yet.

(sighs)

What happened anyway?
Do we know?

The husband went in
to buy diapers.

She ran in
to bring it to him,

ran back out.

Next thing,
the husband hears screaming.

He runs
out of the store,

sees his wife
caught in the door

while the car's
speeding away, dragging her.

Whew. And this guy?

A string of drug arrests,
all possession.

They found her purse
on the side of the road

about 50 yards
from where they grabbed him.

What's his story?

Out jogging.

All right,
let me take a shot.

Alone.

Eddie, my name's
Helen Gamble.

I'm the district
attorney.

I didn't kill anybody.

The officer told you
your rights, correct?

He said that --

I didn't do anything.

I think you should
let me speak for a second

and then you can
respond, okay?

We have two witnesses
at the superette

who saw you
get into the car.

It wasn't me.

The driver
of the pickup

also made you
after the accident.

Now here's the thing --

We do figure this
to be an accident.

All you were
looking to do

is steal the car
to score some drugs.

You never meant
for the woman to get hurt.

Now, if you'll
cooperate here,

I can help you.

Wasn't me.

Who'd you vote for,
Eddie?

Did you vote
for George W. Bush?

George W. Bush
is your worst nightmare

at this moment.
Know why?

He proposed legislation
to bring back

the death penalty
in every state,

and it's about three weeks
from passing

here in Massachusetts,

and I can tell you,
my office is chomping

for that first chance.

Here we have a carjacking,
every citizen's biggest fear.

A dead mother
with a 3-year-old child.

The husband
is a city councilman.

You're going
to die, Eddie.

Excuse me, detective,

I'm attorney James Berluti.

You're holding
one of my clients --

Edward Larson.
I'd like to see him, please.

One second.

And why would you help me?
Just tell me that.

(door opens)

Now?

He's right out there?

Do you know
who Paul Cellucci is?

He's the governor
of Massachusetts,

and he's out there.

He's a friend
of George W. Bush.

Excuse me a second.

Jimmy.

You were supposed to
bring Ellenor her dinner.

I had Lucy do it.
I represent Eddie Larson.

-I heard.
-This is Karen Larson,
his sister.

High school classmate
of mine.

Hello.

I'd like all questioning
to stop, please.

Fine. We already
finished, actually.

He's been taken
to booking.

Well, how long
till he's brought back up?

We're not
bringing him up.

You'll have to wait
till arraignment.

-Why?
-'Cause that's the procedure.
You know that.

Booking to arraignment.
You can see him

before he goes
into court, if you want.

All right?

No more questions.

You have my word.

It was nice meeting you,
Ms. Larson.

Sorry it had to be
under these circumstances.

She better have gotten
her food.

She did.

So what now?

He'll be arraigned
in court first thing.

I'll meet with him
in his cell

before they take him in.

Come on.
Let's get some coffee.

(door opens)

Governor Cellucci
saw the news.

He's not just
George W. Bush's friend,

but also
Councilman Reed's.

Okay, you asked
why would I want to help you?

For me
to answer that,

I have to be able
to trust you

because what I am
about to tell you

could get me
in trouble.

I have
a personal relationship

with your lawyer.

You may not even realize
you have a lawyer yet,

Eddie, but you do.

His name
is James Berluti,

and he happens to be

a lifelong friend
of your sister Karen.

Now, as a favor for her,
he's asking a favor of me.

You never heard that.

Do you understand
what I'm telling you?

For God's sake, Eddie,

for your sake,

I'm the only person
who can save your life.

Tell me what happened.

I only meant
to steal the car.

Somehow her jacket...

I never meant
to kill her.

I know you didn't, Eddie.

You confessed?

Only that I meant
to steal the car.

Did they read you
your rights,

tell you
you didn't have to talk?

Yes, but the D. A. told me
I'd get the death penalty

if I didn't cooperate,
and --

The death penalty?

We don't have a death penalty
in Massachusetts.

It's about to pass
in three weeks.

Who told you that?

The D. A.

What else
did she tell you?

That she could help,

that she was
doing you a favor

since you're
friends with Karen.

How'd she know I was
friends with Karen?

Wait a second.

This says it was signed
at 9:35 p. M.

Is that
when you signed this?

Around then, yeah.

And this is
when you confessed --

Around this time?

Yeah, I signed it
as soon as I finished.

Where did that
take place?

At the police station.

I was there last night at 8:00.
Did you know that?

No.

You lied to me.

You questioned him
after I was there.

You got his confession
at 9:35.

You lied to me.

I'm sorry
I had to do that.

You're sorry?

You lie to me point-blank
and you're sorry?

What's the big atrocity,
Jimmy, that the truth came out?

-Don't give me that.
-I was there last night.

I saw a little boy
pulled from a wreckage.

I saw his eyes
go to his dead mother.

This isn't about that,
and you know it.

This is about
legal ethics, Helen.

It's about the law.

And I acted
within the law.

-You think so?
-I know so.

Let's see what a judge
has to say,

because I'm moving
to suppress this confession.

Fine.

Have a good look
in the mirror last night?

You can do everything
within the bounds of the law

to free your murderers.

I can't try just as hard
to put them away?

You went outside
the bounds of the law.

No, I didn't, Jimmy.
Look it up.

Slow down.

I can't.
I'm too upset.

She also told him

the victim was married
to a city councilman.

The guy's no councilman.
He's a pharmacist.

So she talked to him
after you said stop -- After?

Yes, and she admits it.
She says it's legal.

-Rebecca?
-I'm already on it. I haven't
pulled anything up yet.

Well, I say you bring
a motion to suppress.

I'm doing that.
Don't worry.

-Have you done it yet?
-No, but --

Good. Do it
before Judge Kittleson.

He's already
been arraigned --

Has this judge
assigned it yet?

No, we just pled
not guilty.

Good. Let's get it
before Judge Kittleson.

She won't go
for that crap,

and she's seen Helen
pull it before.

She lied right to my face.
Right to my face.

How could he get off
if he confessed?

He's not getting off,
Mr. Reed.

All I'm saying is

if the defense is successful
in suppressing his confession,

our case
becomes extremely thin.

He got Miranda,
didn't he?

Yes, but...

Look, the law supports us.
I'm very confident.

I think you should be
with your son

and let me
deal with this.

Promise me you won't let him
go free, Ms. Gamble.

Promise me that.

He's not going free.
Don't worry.

I call your honor's attention
to Moran vs. Burbine.

This is a 1986
U.S. Supreme Court case.

I'm aware of the case,
Ms. Gamble.

Then you know
the court's position.

The state has no duty
to inform a suspect

when a lawyer is trying
to reach him.

I understand
the opinion, counselor.

It's the reasoning
that troubles me.

Everything depends
on the suspect's state of mind.

He knew
he could have a lawyer.

He chose
not to ask for one.

The fact that a lawyer

was asking for him --
it's irrelevant.

That's ridiculous.

Really? Why don't you call
Justice Rehnquist

and tell him that?

I was intentionally
lied to.

She gave me her word

she would stop
asking questions --

And I maintain
I am allowed to lie.

To an officer
of the court?

Yes. It doesn't matter.

Eddie Larson
didn't want a lawyer.

The fact that I lied
to Mr. Berluti

didn't influence
that decision.

The supreme court
found this behavior

to be inappropriate,
objectionable --

But ultimately legal.

Under the federal
constitution.

This is a case

under the Massachusetts
constitution.

And in the absence
of controlling

state law interpretation,
the supreme court --

Can I finish
what I'm saying?

Please.

As of now,
the states are divided.

In some, it's still okay

to keep a suspect
from his lawyer,

but the majority of states
reject that rule.

New York, California,

Florida -- They all say
the same thing.

A suspect
has a right to know

when his lawyer
is trying to reach him.

That's not the law

in the Commonwealth
of Massachusetts.

It's never been
addressed here.

I'll take the matter
under advisement.

I'll let you know
when I make a decision.

Until then, we're adjourned.

Come on, Helen.

Oh, you know,
don't you start on me.

I will.
What you did was --

Look, you do what you do.
I do what I do.

Why is it personal
every single time we --

Because you lied to me,
and that's personal.

Oh, you know,
for God's sake.

-That's enough.
-You accuse innocent people
in an open courtroom --

-This is different from that.
-All of you --

Quiet!

Wait till my ruling.
Until then,

try to conduct yourselves
with some civility.

Do you think
I was wrong?

Absolutely not.

Of course we're allowed
to lie.

That's why
I went into law.

Defense lawyers,
they cheat all the time,

calling themselves
civil rights activists

as they put serial killers
back out on the street.

But with us,
it's a big double standard.

I did feel
a little greasy,

but, Richard,
without this confession,

he'll go free.

He dragged a woman
to death.

You have nothing
to apologize for.

I need the speech.

Which one?

Any one.
Just give me any speech.

It's an evolving cesspool.

With the proliferation
of drugs and guns,

compounded with a total
national moral bankruptcy,

kids being raised
with no compass

of right and wrong,

there is rape,
there is violence,

there is depravity
on every street

in every city,

and with
the cancerous corruption

of police officers,

it now falls
to the district attorney alone

to stem the tide,

to fight the outbreak
of lawlessness

that is spreading
like a fungus.

We are it, Helen --

The prosecuting attorney,
the district attorney,

the noble prosecutor.

We represent
the last bastion

of morality, of justice,
and of truth,

and if we have to lie
to keep it that way,

we will damn well do it.

(pager beeps)

She's got her decision.

Uh, Ms. Gamble?

Hey. How's he doing?

Well, you know, I wouldn't
have brought him,

but he's a little clingy.

Yeah.

Is this unusual,

that the judge
would rule so fast?

I don't know. I'm hoping
it's a good sign.

If she were going to depart
from the supreme court,

I suspect
she would have taken

at least a day or two
to consider that.

Mr. Reed, my brother --

I know.

I basically
raised him myself.

He's had some
problems with drugs,

but he would never
intentionally hurt a person.

I'm so sorry
for your loss, sir.

We should go in.

MAN: All rise.

Be seated.

Ms. Gamble,
while I understand

your gallant pursuit of justice,

it is unfortunate
you choose to do so

at the expense
of your own integrity,

as well as that
of the process.

Nonetheless,

the supreme court
has made its decision,

and while I respectfully
disagree,

I am bound to accept it.

I find Ms. Gamble's actions

did not violate
our federal constitution.

The motion to suppress
on those grounds is denied.

This is, however,
a state prosecution,

and must be considered, also,

in light
of our state constitution,

which,
without binding precedent,

I am charged to interpret

to determine if it grants

the citizens
of this commonwealth

more protection than
our federal system provides.

I find that it does.

I find that in Massachusetts,

the police must inform
a suspect

when a lawyer tries
to render assistance.

Your honor --

Sit down, Ms. Gamble.

Moreover, it's bad enough

that we have D. A. s lying
to suspects,

but when they start lying
to defense counsel as well...

We are the system,
Ms. Gamble.

The players have to play
honestly.

Mr. Larson's confession
is hereby suppressed.

Without the confession,
I find insufficient evidence

to hold the defendant.
He is free to go.

This case is dismissed
without prejudice.

This court is adjourned.

Thank you, Mr. Berluti.
Thank you.

Congratulations.

So, it's over?

Well, we can always
re-file, but...

But what?

Well, without
the defendant's confession,

we basically have
no case, Mr. Reed.

What about the gloves?
I mean, they found the gloves.

The gloves don't exactly

tie the defendant
to the car.

Plus, we can't use
the gloves.

Why not?

Because he told us
where to find them.

Anything his confession
led us to --

It's -- it's fruits
of a poisonous tree.

So, you doing what you did

basically secured
this man's freedom?

What I did appears
to have backfired, yes.

They can re-file.

No double jeopardy
has attached.

Have you got that, Eddie?

You said it six times,
Mr. Young.

Do I seem like an idiot?

Do you seem like an idiot?
You confessed.

You believed the D. A.
when she told he had
the death penalty coming.

I'm not a lawyer.

That's why it's important
you listen to us.

If anyone comes calling
for an interview, say no.

Right now
all the prosecution evidence

is connected to the confession,

and as long as it stays
that way, you stay free.

He's not going to
talk to anybody.

I'll make sure of that.

I'm not a murderer,
Mr. Young.

EUGENE: Eddie...

All right, we don't need
to do this.

I didn't even know
there was a kid in the car,

and I didn't know she --

I just sped away.

I didn't know
she was caught in the door.

You didn't hear her?

No, I didn't hear
anything.

Until from the back seat,
I heard a little...voice.

I heard, "Where's mommy?"

I turned
and I saw him --

A little boy.

That must have been
when I ran the stop sign.

And when I got
out of the car...

I saw her lying there.

I didn't even know
what I'd done.

LUCY: Uh, he's in
a meeting right now.

MAN: We're with the FBI.

I think you better
go get him.

Um, sir,
he's behind closed doors.

MAN:
Miss, we're going to get him
with your permission

-or without your permission --
-LUCY: Okay, I'll get him.

They say they're FBI.

What's going on?

We're here to arrest
Edward Larson.

-EUGENE: Why?
-What's happening?

Edward Larson,
you're under arrest

for the murder
of Constance Reed.

Hold on.

Those charges
were dismissed.

The charge is
federal carjacking,

pursuant to title 18,

United States code,
section 21-19.

-You have no right to do this.
-Wait a second.

You have the right
to remain silent.

-You have no right.
-Who's doing this?

Put your hands
behind your back, sir.

Don't say anything, Eddie.
We'll meet you down there.

Don't say anything
to these people.

Are you behind it?

Ellenor, I can't talk
to you about this.

Why?

Why? Because you're
a partner there.

As roommates, we can --

As roommates, we fight
over Scrabble.

Please, I'm not about
to discuss this case.

Can you just tell me
why you're pushing it so?

He did kill a woman.

Have we all
lost sight of that?

Nearly all of your cases
are homicides, Helen.

You're pushing harder
on this one.

Why?

You know what went
through my mind that night

as they were pulling
that little boy from the car

and his mother was
laying dead on the street?

I thought of you
and I thought of Lindsay,

and I tried
to imagine your child

having to...

if you were killed.

And I couldn't even
imagine it, Ellenor.

I also made a promise
to that husband,

the father.

To answer your question,

yeah...I'm behind it.

This is blatant
forum shopping, your honor.

They lost in state court,
so now they try federal.

We're certainly not
bound by state court.

You're bound
by fairness.

Well, I don't see
the problem, Mr. Young.

Your client is charged
with a federal crime,

and that charge should be
heard in a federal court.

Well, as you can see,

the state court threw out
the confession

because it was obtained

after the local D.A.
lied to counsel.

Yes, Judge Kittleson
made the determination

that lying to counsel
was impermissible

under Massachusetts law,

but again,
we're in federal court now,

and what
the district attorney did

is permissible
under federal law.

Look, my client was coerced
into confessing,

not by
the federal government --

by a state prosecutor
acting under state authority.

Now you're saying something
completely different.

Are you suggesting

the confession
wasn't voluntary?

Yes. In addition
to Helen Gamble lying to me,

she coerced the defendant

with the threat
of a death sentence.

Well, if you want to move
to suppress on that,

I'll hear you,

but her lying to you --
She can do it.

What do you want to do?

We're moving to suppress
on grounds

that the confession
was a result

of government coercion.

11:00.
Have your witnesses ready.

Well, hold on one second.

Our client is stupid.

And why should that
concern me?

Well, I'd ask, your honor,

that whatever he says
in this suppression hearing,

it can't be used against him
in trial.

What?

We would never let this idiot
take the stand,

not in a million years,

but he's the only one
who can testify

as to what happened
in that interrogation room.

So, what do you want me
to do?

I want you to give him
testimonial immunity.

You can't be serious.

Mr. Young, they can't
use his testimony

as part
of its case-in-chief,

but to impeach --

I'm not talking
about impeachment.

I'm talking about new evidence

that my client might be
stupid enough to give them --

New information that
the government doesn't
have yet,

and if he does,
I need an order.

Anything they learn
from my client

can't be used against him.

That has never been granted
for new evidence.

Otherwise, the government
gets a potential windfall

from a coerced confession.

He has a point.

No, first of all,
it wasn't coercion.

We won't know that
till we have a hearing,

and the hearing would be

Eddie Larson's version
of events.

And there's no way
I can put him on the stand

if we what he says can be
used against him in trial.

I need immunity.

I oppose.

I'm granting
the defendant's request.

On what authority?
You're granting him

special protection
on grounds of stupidity?

When an ingenious
district attorney

preys on that stupidity,
yes.

He gets use immunity

for his testimony
at this hearing only.

Now, let's all get real
for a second.

If the confession
gets tossed,

the man goes free.

If it survives,

he's looking
at a sure conviction

with a life sentence.

There's got to be
a meeting place, gentlemen.

Let him plead
to the charge,

cap a sentence
at 10 years,

then we can all sleep.

We'll take that
to our client.

No.

You're sure, Mr. Sanders?

I'm sure.

See you all
in one hour.

First, she told me
they had witnesses,

which turned out
to be a lie.

Then she tells me

Massachusetts is about
to pass the death penalty.

-Did you believe her?
-Yes, I did.

She said they were
passing it everywhere

and that Massachusetts
was about three weeks away,

and I would be executed.

Carjack, dead mother,
city councilman --

That was also a lie.

The husband isn't really
a city councilman.

Let's just stick to what
Ms. Gamble told you.

She looked me
right in the eyes and said,

"You are going to die."

What else?

She said
she could help me.

If I confessed,

she could keep me
from dying,

that she'd do a favor
for you

'cause you're friends
with my sister.

Mr. Larson, were you
in actual fear of dying?

Yes.
She said Paul Cellucci
saw it in the news

and he was
waiting outside.

She told you that

Governor Cellucci
was at the police station?

And he'd score
big points with the president

by executing me.

So when you decided
to confess this crime

to Ms. Gamble...

I thought I had to
in order to save my life.

If I didn't tell her
what she wanted to hear,

I was dead.

Thank you, sir.

Ms. Gamble told you
there were witnesses

who saw you
get in the car?

Yes.

Witnesses who saw you
drive off, dragging the wife?

Yes.

Did you know right then

that she was lying
to you, sir,

or did you find out later?

I found out later.

So you were afraid

people really did
see you commit the crime?

Yes, I was.

And you believed

Massachusetts was about
to pass the death penalty?

Yes.

And you believed
Governor Cellucci

personally came down
to the police station

to see
that you were executed?

She told me he was friends
with George W. Bush.

That's right.

I did tell him he could get
the death penalty, yes.

And Governor Cellucci.

Well, I don't know
whether he bought that.

What seemed to make
an impression

was the idea
that we had witnesses.

How did that
make an impression?

I told him he was seen
getting into the car

dragging the woman.

I also said the driver
of the pickup made him.

When I told him that,
his face dropped.

He knew he was facing
a conviction.

-Objection.
-In my opinion.

What else
did you say to him?

That was pretty much it.

I mainly tried to sympathize
as best as I could

so he would believe me
when I promised to help him.

And did you plan
on helping him, Ms. Gamble?

No.

You're the only person who had
the opportunity to observe

what it was that persuaded
Mr. Larson to confess.

That's correct.

In your opinion,

what did persuade him?

Basically, it seemed
he knew he was caught,

and his only shot for leniency
was to cooperate.

Thank you, Ms. Gamble.

That's what
convinced him, huh?

That he was caught.

In my opinion.

Your opinion.
In a way,

we kind of have to take
your word on that, don't we?

Ms. Gamble, the night
my client was arrested

we had a conversation
in the precinct,

a conversation
where you promised

not to question my client.
Correct?

Yes.

You gave me your word.
Isn't that right?

Yes.

And after waiting for me
to leave, you nonetheless

continued to question him.

Yes, but to be clear,
that is a legal tactic

authorized by the United
States Supreme Court.

Is it a legal tactic
to lie here today?

Objection. This hearing isn't
about what Ms. Gamble

told Mr. Berluti.

Ms. Gamble
is giving testimony

that puts her credibility
in issue.

The fact that she lied
to counsel

goes to her credibility,

her reputation
for truthfulness.

I'll allow it.

You lied to me,
didn't you, Helen?

Objection
to the informality.

The informality is
because we're friends.

Are we not friends,
Helen?

I don't know, Jimmy.
Are we?

You lied to a friend --

-Objection.
-JUDGE: All right, Mr. Berluti.

After you left
that interview room to see me,

and you went back in,

you told Mr. Larson
that you went out

-to see Governor Cellucci,
didn't you?
-Yes.

And did you tell him Governor
Cellucci witnessed the crime?

No.

You told him Governor Cellucci
had an interest

in seeing Mr. Larson
put to death, didn't you?

I intimated that, yes.

And it was shortly after that

Mr. Larson gave you
this confession, wasn't it?

That was the timing of it,

not necessarily
the reason for it.

I guess we have
your word on that.

SANDERS:
Objection.

Nothing further.

JUDGE: Mr. Sanders?

Nothing else, your honor.

All right,
the witness may step down.

Does the defense
have anything else?

I'd like to make
a closing statement, your honor.

I'll hear you.

She told him he would die.

Clearly, the intent was
to scare him,

to put him in fear
for his life,

and it worked.

But when you put a gun
to somebody's head,

and effectively, that's exactly
what Helen Gamble did,

you can't call the resulting
behavior voluntary.

The coercion here
was blatant,

it was egregious,

and it is illegal
under our constitution --

The federal one.

Now, the United States
Supreme Court has spoken

on this, and they've done so
unequivocally, your honor.

Confessions are not admissible
if they are not voluntary.

She told him,

"You will die
if you don't confess."

Mr. Larson made this confession
to save his life.

It was involuntary,
it was coercion,

and as a matter of law,

it is unconstitutional.

Mr. Larson was given
his Miranda rights.

He could have stayed
in that room

and remained silent,
and there would have been

nothing Ms. Gamble
or anybody else could have done

to make him talk.

Once he started talking,

Ms. Gamble had every right --
in fact, she had a duty --

to interrogate him.

Once you start talking
to the police,

they have the right
to talk back, to question,

and, yes, to interrogate.

Every interrogation,
your honor,

almost every one of them,

the police interrogator
threatens the suspect

with the sanctions
of the law --

Cooperate, or you'll be
punished more severely.

That's an interrogational tactic
employed by every detective.

And Helen Gamble threatened
Eddie Larson that way,

said he would be punished
to the full effect of the law,

that being
the death penalty.

Yes, except that Massachusetts

doesn't have
capital punishment.

No, they don't, but that
goes to trickery, your honor.

Yes, she tricked him.
Yes, she lied,

but there is no constitutional
prohibition against that.

We are allowed to lie
to suspects if we have to.

The kind of threat
Mr. Young speaks of,

the kind banned
by the supreme court --

that goes to the threat
of physical force

or the threat of lawlessness.

Nowhere ever
does the court say

that a police interrogation

can't threaten
aggressive prosecution,

and that is all
Helen Gamble did.

Now, finally your honor,

let us remember
the underlying concern

the court had about coercion.

The worry was,
an innocent man

might confess to something
he didn't do.

Now, that concern clearly
isn't in play here.

Mr. Larson dragged
that woman to death.

He said as much.

Now, that may not be
technically relevant

for the purpose
of this hearing,

but I think your honor
might consider it for texture.

Every case...

has a context.

A woman is dead,

and we're not here
asking you for a conviction,

but at least give us a trial.

Do you think he'll take
a long time to decide?

Well, he asked us
to stick around.

That tells me
it'll be quick.

What do you think?

I don't know, Karen.

I think the confession
was coerced,

but no judge likes to put
a guilty man back out there.

I just don't want him
to lose his whole life.

Here comes Eugene.

They still don't want
to deal.

It's in the judge's hands,
Karen.

Thank you, Ms. Gamble.

I know how hard
you've tried here.

Listen, I may have made
a mistake with the confession.

If so, um...

BAILIFF: All rise.

The problem in making
these determinations,

the test is mainly objective.

It has to be.

Constitutional rights
can't be customized

depending on the intelligence
of the suspect.

We apply
a reasonable man test.

Here, the reasonable man

quite likely
wouldn't have felt coerced

by Ms. Gamble's conduct.

The reasonable man quite likely
wouldn't have thought

that governor Cellucci
was waiting in the wings

or that the death penalty

was about to pass
into legislation,

but the test has

a modicum of subjectivity.

Most criminals are stupid.

While I'm loath to start
giving them special protection

for the very lapses of judgment

which factor
into their decisions

to commit crimes
in the first place,

the bottom line is
we have to decide

on a case-by-case basis.

Was the confession
made voluntarily?

To really know,
we would have to get

inside Mr. Larson's
roomy skull,

which we really can't do.

Based on what I've heard
in this room,

I feel Mr. Larson
was in fact...

coerced,

and I'm suppressing
the confession.

I therefore also
dismiss the case

without prejudice,

and the defendant
is free to go.

Again...

thank you.

Will I be arrested
anymore?

I don't think so.

Set?

Yeah.

We'll see you.

Okay, thanks.

♪ (theme)

You stinker!