The Practice (1997–2004): Season 5, Episode 3 - Officers of the Court - full transcript

Previously on
"The Practice"...

When we ask,
"Did your sister seem suicidal?"

A response of "I didn't
think so" isn't going to do it.

She was murdered.
If you know it,

she did not commit suicide.
You absolutely know it.

She said that if she
turned up missing,

that I should call the police

because Scott probably
did something to her.

BOBBY: Objection.

You want me to sign this--
An affidavit saying

I coached a witness to lie?



He made that stuff up
about his sister being afraid.

Helen, I told him

what his testimony
needed to accomplish.

I never said lie.

I'm convinced that
Kyle Barrett lied on the stand

after being coached
by the prosecution.

I don't think Mr. Bay
crossed the line.

I see no evidence
that he solicited perjury.

The conviction,
therefore, stands.

This thing was built
to bring children joy,

and it's toxic.

We have consistently found

that it does not pose
an unreasonable risk

to either children or adults.



I have a boy
whose body convulses

and a daughter
who keeps falling down

and a son who can't read,

and you people have known
for 30 years.

We find in favor
of the plaintiff

and order the defendant
to pay damages

in the amount
of $72 million.

I'm granting defense's motion
to remit.

The knockdown number
is $135,000 per child.

That's less than they offered.

I don't care. Your case
was pure speculation, Counsel.

We have a right
to a new trial.

If you take a new trial,

you'll be right back before me,
Ms. Frutt, and if you do win,

I might remit
the next knockdown to $75,000.

I'm going to get him.

That judge--
I'm going to get him.

Sixty bucks.
That's something.

-You don't have to do that--
-No, take it.

You pay me back
when you get it.

Listen, Jennifer,
you're a smart girl,

a good girl.

I can judge character.

Don't be doing this.

Thank you.

Go. Wipe that stuff
off your face.

I will pay you back.

Yeah, well, in the meantime,

get a paper route
or something.

Don't be doing this.

Jimmy.

You're having a kid?
You didn't tell me that.

I didn't want you
to get mad.

How could you
still be doing drugs?

It was just this one time.

Billy left me.

He left me like this.
I just--

What about rehab?

I called that number
that you gave me,

but they said that I couldn't
interview for two weeks,

and then I lost the number.

How far along are you?

Eight months.

Can't you get me out?

Jimmy.

You're smoking crack
with an eight-month baby.

-It was just once, I swear.
-No, it wasn't.

Jimmy, I'll do the rehab.

I'll do anything
that you want me to do.

Please, just get me out.

If I get you out,

and I'm not saying I can--

But if I do, you go
into rehab immediately,

straight from the courthouse.

I promise.

Tell me about the arrest.

♪ (theme)

Okay, everyone,
let's get started.

Did somebody make it official
that you're in charge?

Brains, beauty, and character.
Don't knock it.

Okay, let's go. Jimmy.

Jennifer Cole--
Possession of crack cocaine.

Again?

I got a motion
to kick at nine.

She's eight months pregnant.

What? And she's smoking crack?

Believe me, I tore
into her already.

She better hope
her baby doesn't die.

She could be
charged with murder.
Did you tell her that?

I'm not positive I did,
but I will. Thank you, Lindsay.

She should be shot.

All right, Bec,
how's the research coming?

Okay.

Can you give me something
more to go on than "okay"?

I'm seeing Scott Wallace later.

Sure. We can argue
reversible error

when Judge Wolfe didn't have
an evidentiary hearing

on whether Richard Bay
suborned perjury.

Now, since we have
Helen Gamble with us,

-I think that's our best shot.
-What else?

Well, the neighbor's testimony
that he heard lots of fights

between Scott Wallace
and his wife--

Prior bad conduct,
inadmissible.

We could argue
reversible error there, too.

All right. Lucy, keep dogging
the clerk's office.

Ellenor, jump in with Rebecca
on the brief.

I can't, actually.
I'm a little jammed.

Not on my calendar,
you're not.

I have an appointment
with the chief judge

of the district court today.

About what?

Judge Aldrich.

I didn't know.

I'm keeping you
out of it, since--

Ellenor, we can't afford
to be alienating--

It's one meeting.

The appointment's made.
I'm doing it.

Aldrich was out of line.
I'm not staying quiet.

Forget it.

I was observing
4323 South Holden Green.

It's a known crack house.

I witnessed Jennifer Cole
exiting.

She was stumbling
and disoriented,

her appearance consistent

with being under
the influence of drugs.

What did you do?

I exited my vehicle,
approached the suspect,

identified myself
as a police officer,

and then engaged her
in conversation.

Her behavior confirmed
my suspicion she was high.

Could you describe
that behavior?

She was sweating and jittery
and was slurring her speech.

What did you do then,
Officer?

I conducted a quick
pat-down search for weapons,

and I could plainly feel
an object in her jacket pocket.

It was immediately
apparent to me

that the object was
a rock of crack cocaine.

How did you know?

Well, I've received
extensive training

in recognizing crack.

I felt a small object,
asymmetrical, rough edges--

A rock of crack.

Then what?

Then I reached
inside the defendant's jacket

and removed approximately
100 milligrams

of what was determined
to be crack cocaine

wrapped in paper.

This rock of crack--
How big was it?

About a half an inch
in diameter.

So that's no bigger
than, what, an aspirin?

About that size.

And this tiny, little thing was,
as you put it, wrapped in paper?

That's correct.

In fact, it was

inside a scrunched-up
brown paper bag, right?

Yes.

And the bag was

inside her jacket--
A big winter overcoat, in fact?

I don't recall exactly.

Officer, I'm showing you

what's been admitted
as people's three.

This the jacket
miss Cole was wearing?

Looks like it, yeah.

So, you do this one pat
of Ms. Cole's body.

Through this
thick down overcoat

and through
a crumpled-up paper bag,

you feel
this tiny, little lump,

and you immediately know
it's crack cocaine?

Yes.

No way
it was jewelry, candy?

No.

All this
from just one pat?

Yes. We received comprehensive
and extensive training--

How many times have
you used these comprehensive

and extensive
training techniques

to frisk suspects
for crack cocaine, Officer?

Probably 10 times.

And how many arrests resulted

from these comprehensively
trained pat-downs, Officer?

Two or three.

So the other eight people
you frisked were innocent?

Nothing further, Your Honor.

Ms. Alexander?

The witness may step down.

Does the commonwealth
have anything else?

No, but I would like
to remind the court

that in addition
to pat-downs

being constitutionally
permissible,

this woman
is eight months pregnant,

and I would like to ask
the court

to seriously consider
the consequences of--

The charges against Ms. Cole
are dismissed without prejudice.

You bring me some new evidence,
you can refile.

Ms. Cole, you're free to go.

I want to thank you,
Your Honor,

for being gracious enough
to see me.

Well, there was nothing
gracious about it.

You somehow got my home number
and woke me from a deep sleep.

I had no idea
what I was saying yes to.

We were basically blackmailed,
Your Honor.

Judge Aldrich told us
to accept

the knockdown number
or else,

and the "or else" being
that he would order a new trial,

keep the case,
and steer us into defeat.

You're talking about one
of my most respected colleagues.

Who comitted gross abuse
of discretion.

What he did did not respect you,
Your Honor or the court.

It was blackmail.

And I am not overstating it.

You can substantiate this?

Yes, my co-counsel
Lindsay Dole was present

as was opposing counsel.

(scoffs)

If you thought the judge
was out of bounds,

you should have asked
the court reporter to step in.

He never would have said that
on the record.

But you need a record in order
for me to act, Ms. Frutt.

At minimum, you should
have appealed the reduction.

Instead, you agreed
to the knockdown
and you took the money.

My clients took it under duress.

Well, that was a big mistake.

And you made it.

Maybe that's what's eating you.

What's eating me is being
blackmailed by a judge.

What he did was corrupt.

I don't see that
on any appellate record.

What would be my options?

You could move for a new trial,

request that Judge Aldrich
recuse himself.

But Judge Aldrich would be
the one who would rule

on those motions.

Correct.

Is there another option?

You could file amotion with
the circuit court of appeals

to have him removed for bias.

That's what I want to do.

It would be your word
against his.

And these judges would be
federal circuit court judges.

Do you understand?

He doesn't just get
a jury of his peers here.

He gets his friends.

That's what I wanna do.

I'd think long and hard
about that Ms. Frutt.

Well, now it sounds like
you're threatening me.

No, I'm giving you some advice.

I want to file
a formal complaint.

Richard, is this it?
We're never talking again?

There's nothing really
to talk about, Helen.

Would you at least
give me 20 seconds.

I know this goes against
your fiber,

but sometimes the people
we charge with crimes
are innocent.

Scott Wallace is not innocent.

My point being I think he is.

I also believe a witness
lied after you coached him.

Richard, we're officers
of the court.

It has to mean something.

I understand that, Helen.

I also understood you
to be my friend,

and you cut my legs out.

You basically accused me
in open court

of being dishonest.

You're taking it
a little too personally.

Let me tell you something,
Helen.

I get called
a lot of things.

The defense attorneys
call me The Midget.

The judges call me
Little Napoleon.

I take a lot of abuse,

but I get through it every day

because I also have a reputation

for being good at what I do,

and I have a reputation
for being an honest person.

That reputation is dear to me,

and when a colleague,
a friend,

stands up and obliterates
that reputation,

it's personal.

Hey, Richard.

Helen.

Jimmy.

Hey, I thought I could
drive you to the hospital.

-Hospital?
-Rehab.

I got you all set up.
You can do it outpatient.

Well, I was going to go
see my aunt today.

You can see her after,
Jennifer. You promised.

Okay.

-What's up?
-Mr. Berluti,
please step aside.

Jennifer Cole,
you're under arrest.

-Arrest?
-Hands behind your back.

What the hell
is going on, Susan?

Distribution of a controlled
substance to a minor.

-Distribution?
-Distribution of what?

Don't say anything.
What the hell are
you talking about?

-Distributing to who?
-The baby.

-My baby?
-You're smoking crack
for two now.

What is she talking about?
What are you doing? Jimmy!

-JENNIFER: Jimmy!
-You have the right
to remain silent.

Anything you say can
and will be used against you

in a court of law.

You have the right
to talk to a lawyer

and have him present with you
while you're being questioned.

Just calm down
and hear me out.

I won't hear you out.
This is so ridiculous.

There's never been
a case made

for distributing to a fetus,
and you know it.

Just because it's never
been made before.

She distributed cocaine
to her baby

through her bloodstream.

I'll be moving for sanctions
on this, and I'll get them.

How sure are you she won't
use again, like tomorrow?

She has a viable baby.

If she hasn't done any damage
yet, she might the next time.

I'm just looking
to get her off the street

until the child is born.

I got her in rehab.

Yeah, voluntary, outpatient.
Come on.

-You still can't arrest her.
-Technically, I can make
the case.

-Read the statute, Jimmy.
-You're deluding yourself.

There's no way
you can win this, Susan.

-It could be blood to blood.
-You can't win.

I can if you don't fight me.

You're asking me
to conspire with you

to keep her in jail?

One month until the baby
is born.

I know you care
for this woman.

I do, and I'm telling you,
she'll go crazy inside.

She needs help, not jail.

This is the only way
she's going to get help.

If she walks, it'll be straight
to the local crack house.

We don't know that.

Do you know what crack
does to a baby?

It cuts off the blood flow,
oxygen, nutrients,

seizures, heart attacks,
brain damage.

Let's plead this out.

In-patient rehab
No jail.

You're asking me to cop
to a bogus charge.

I'm asking you to consider.

You really have
two clients here.

Susan...

If she gets out,
she'll O. D., miscarry.

Who knows what
will happen?

She trusts you,
and you can help her.

It's a complete long shot.
This is a very popular judge,

and the other judges aren't
likely to sanction him.

What about the settlement
that we agreed to?

Well, if we undo it,
hopefully, we can get you more.

In defeat,
you keep what you have.

So what happens?

Well, we have a hearing
scheduled for tomorrow at 3:30.

There's nothing to lose.

-Okay.
-Okay.

You filed a formal motion
against Aldrich?

What's the problem?

The problem, Ellenor, is this
is not something attorneys do.

Why? Because the federal court
is like a club

as far as judges go.

They have tenure.
They stick together,

and the only thing
that will come out of this

is this firm will be
retaliated against.

Oh, please.
What can they do to us?

What can they do to us?

You just saw firsthand
what they can do.

They can cut damage awards,
overturn verdicts,

give lousy instructions,
deny bail, cut fees.

What can't they do?

Not to mention they could
put all our cases

at the bottom of the docket,

and we'd never even
get to trial.

What you're doing here
could hurt all our clients.

At a minimum this should've
been the subject

of a partnership meeting.

Well, I've had bad experiences
with partnership meetings.

Snide isn't what
I was looking for.

Bobby, I have a plan, okay?

I was hoping to avoid
the hearing against Aldrich.

How?

I have a meeting scheduled

with the lawyers
for the E. P. A.

I think with just
the threat

of the knockdown number
being thrown out,

I can chip the number up
a little.

Somehow I don't believe

this is about chipping up
a number.

I am only trying
to help the client.

This is not about vengeance.

I don't understand.

You plead guilty
to distribution.

They'll recommend
straight probation for a year.

Probation?

So long as you get
residential treatment.

I hate those places, Jimmy--

All those freaky junkies
and weirdos.

It'd be like poison
for the baby.

You need help, Jennifer.
You've got an addiction.

I do not!
I can stop whenever!

Then why haven't you?

Eight months pregnant--
Why the hell haven't you?

I'll go to my aunt's house.

There's this little room.
It's like the perfect size.

I got no curtains yet,

'cause they're either going
to be blue or pink, you know?

Jennifer...

Rehab's no place for a baby.

The baby should be at home.

Please, Jimmy, what do I do?

They got a case here,
and they're real serious.

I think you ought
to take the plea.

It's the best thing for you.

You really can't
make it go away?

No.

-How long?
-We're hoping next week.

No, no, you got
to push it up, Bobby.

I can't take this place.

I mean, they see me
as some rich guy.

I mean, I'm going
to be meeting up

with the end of a broomstick
in here.

-Scott.
-You got to get me out.

I mean, minimum security,
something, work release?

-Scott--
-I got money.

Milken got out with money.
I can pay.

He was in on securities fraud.
You're in for murder.

Get me out!

We're trying to push up
the appeal

as soon as possible,
Scott.

Look, I'll get
a new trial, right?

I mean, the judge made
all of those mistakes.

I mean, I got to get
a new trial.

Give me a brand-new trial.

That's what we're hoping for.

See, you got to hurry, Bobby.
See?

I thought I was okay,

but I'm feeling maybe I'm not.

You just hurry, okay?

Okay.

Do you expect us
to laugh?

No, I don't expect that,
Mr. Meyers.

We have a hearing set up
for tomorrow.

These are your subpoenas
to appear as witnesses.

-If you refuse--
-And you think if you
call us as witnesses

we'll testify that Judge Aldrich
was guilty of blackmail?

I think if called
as a witness,

you will give
truthful testimony, yes,

and we all know
what happened in that room.

Ms. Frutt, I truly do
admire your fortitude,

but if you have any notion

that we will compromise
our client's interests--

You wouldn't be lawyers
in this proceeding.

You'd be witnesses.

You're insane.

Look, we're not
really here trying

to secure you as witnesses.

Why are you here?

If we're successful
at overturning Judge Aldrich,

that $72 million verdict
could be reinstated.

You have to be concerned
about that.

We're not.

Do you really want
to risk it?

The odds of that panel
overturning Judge Aldrich

Do you want to risk it?
$72 million.

Why don't you get
to the punch line?

For $6 million, we'll drop
the complaint against Aldrich.

Once again, I must ask,

do you expect us to laugh?

You won't be laughing
if the 72 comes back.

I think we'll run that risk.
Anything else?

The hearing is scheduled
for tomorrow at 3:30.

You have received your summons.

Yes, and between now and then,
we'll be sure to go over
our testimony.

You really are an ass,
you know that?

Tell a friend.

He's extremely erratic.
He was going on and on

about buying his way
out of jail.

-Is he talking
about Fiji again?
-No, but--

I just got off with the clerk
from the appellate court.

They can hear you next Tuesday.

Schedule it.
Can you have the brief ready?

-Yeah, it'll be done.
-What time's the hearing?

3:30.

I'm going to go see
Aldrich now.

What? Why?

I'm going to try
the velvet glove first.

You really think this guy's
going to listen to you

after you filed a motion
against him?

Docket number 3542--
Commonwealth v. Jennifer Cole.

Susan Alexander for
the commonwealth, Your Honor.

James Berluti
for the defendant.

Waive reading.
We're entering a plea of guilty

pursuant to an agreement.

Let's hear it.

One year in the house
of corrections, suspended.

One year probation,

as long as she enters
a detox center today.

Upon release, she immediately
goes to a halfway house,

then to a sober facility
for the term of her probation.

Just a second.

This is the same offense
as yesterday?

No, Your Honor. This has
nothing to do with the search.

The defendant was seen
by witnesses ingesting cocaine.

The charge is distribution.

She is in her eighth month
of pregnancy.

She ingested cocaine,

distributing the drug
to her unborn child.

Come again?

The distribution
was to her fetus.

-What's going on?
-We're fine. Don't worry.

-Mr. Berluti.
-Yes, Your Honor.

You have fully explained
to your client

the nature of these charges?

Yes, Your Honor.
Ms. Cole understands
the charges against her.

Do you?

Ms. Cole.
Did Mr. Berluti explain

that it is
extremely unorthodox

for a pregnant woman to be
charged with this crime?

Sorry?

What did your lawyer say
about the case against you?

I don't know.
He said I should take the plea.

-Did he say why?
-Your Honor--

I am addressing the defendant.

Did he say why
you should take the plea?

He said we probably
wouldn't win this.

Mr. Berluti,
Ms. Alexander, chambers!

I have never seen
this law enforced

against pregnant women.

That doesn't mean it can't be.

I'm not sure
you're right about that,

but even if you are,
I see no basis

for a defense attorney
to surrender.

What did you two do,

decide on a punishment,

then flip
through the general laws

in search of a crime?

I don't believe
you have the right

to change a plea agreement.

I certainly have the right
to reject one.

On what grounds?

Due process,
unethical behavior,

lack of legal basis,
collusion.

Take your pick.

What's our role today,
Mr. Berluti?

Lawyer or mother?

I advised my client.

The fact that you may disagree
with my advice

does not make me unethical.

You took an oath
to zealously represent

your client's legal interests,
Counsel.

Getting her into rehab
doesn't qualify.

Did you inform her

that this case
would likely not make?

I told her I couldn't be sure.

Mr. Berluti, you might
as well answer my question,

because next
I will be asking her.

Did your client,
when agreeing to this plea,

fully appreciate
that she would probably

not be convicted of the crime
with which she was charged?

My client is a crack head.

She can't even fully appreciate

that she's killing her baby.

The plea is rejected.

I am reporting both of you
to the state bar. Get out.

Ever see a cocaine baby,
Your Honor?

Mr. Berluti, you are
an officer of the court...

who is one word away
from contempt.

We really don't want
to go after you.

I'm touched by that.

Your Honor,
we have great respect

for both you
and your position,

but our feeling is
you did cross a line here.

Let me tell you something,
Ms. Dole.

I was at that trial every day.

There was no case.

You people should be laughing
to get 400,000.

But that's an evaluation
of the merits,

which is the jury's function.

The jury blew it.

Okay, but to go from
$72 million to 400--

I mean, if I could
prevail upon you

to revise
the knockdown number,

I could certainly prevail
upon the client

to pull back
on their complaint.

The client isn't pushing this.

Ellenor Frutt is
the driving force here.

Don't you think I know that?

Well, here's something
she should know.

I have life tenure.

I will be here a long, long time

with a vivid memory,

and you people
will not intimidate me.

We're not looking to do that.

Tell Ms. Frutt
I'm issuing a gag order

in connection with this case.

If she says one word
to the press,
she's in contempt.

And if she snorts out

a single negative utterance
about me to anybody,

I will refer her to
the federal disciplinary panel

for violating the court rules
of disparaging a judge.

If she wants a fight,
she's got one.

You go tell her that,
Ms. Dole.

Richard, did you have
the Wallace file

removed from my office?

They're working
on an appeal, Helen.

Certainly you don't expect
to be handling it.

Why didn't you just
ask for the file?

I couldn't presume
your cooperation.

For all I know, you might make
copies of our work product

and hand them
to the defendant.

Look, I think you know
in your head

what I did wasn't personal,
and what you're doing now is.

You act on your principles,
Helen.

I'll act on mine.

My principle was justice,
Richard. Yours is politics.

Politics?

I know what's going on,
Richard.

I still have ears.

Suddenly, I'm a pariah
in the department,

and you're choosing
to distance yourself.

That's fine,
but let's not forget

your career was hanging
by a thread a few months ago,

and I'm the one who stood
with you and behind you.

Now the idea that
the association with me
could be detrimental,

you run.

You're a hypocrite
and a coward.

Please do take that
personally.

So you lied to me?

I didn't lie, but--

I stand a good chance
of getting this case dismissed.

Yes.

You lied to me.

Jennifer...

I'm just trying
to keep you safe

until the baby is born.

You're still using,
for God's sake.

So what happens now?

We go back in
before Judge Spindle
this afternoon.

She might bind you over
for trial.

She might kick the case,

depending on how convincing
the D. A. is.

I want another lawyer.

If you want me to beat it,
I'll try--

I want another lawyer.
Can I get a public defender?

-I'm sure you could--
-Then that's what I want.
You're fired, Jimmy.

-Please leave.
-Jennifer.

You're fired.

You're going
to wind up dead

or killing your baby.

Guard!

And he said
if we opted for a new trial,

he would probably remit
the next award to 75,000.

He was clearly threatening
to punish us

if we exercised
our legal rights.

Ms. Frutt, judges try
to steer lawyers all the time.

This was much more
than steering.

It was a threat.

May I respond to that?

Please do.

If I was guilty
of poor judgment,

it was in allowing any award.

For me, 75 was too high,

but when you're sitting
in front of sympathetic parents

who've gone through the ordeal
of a long trial,

in the wake of a jury verdict,

I didn't want them
to walk away empty-handed.

That's why I gave them the 135.

I let Ms. Frutt know
she shouldn't bank

on my continued sense
of charity.

You chipped
a $72 million award

down to $400,000
out of a sense of charity?

I allowed you to keep
the 400

on a claim that was really
worth nothing.

MS. ALEXANDER: We've certainly
allowed murder charges to stand

against people who cause

the death of unborn
viable fetuses.

But those are third parties,
not the mother.

Moreover,
for drug distribution,

you have to establish
a specific intent,

and there's been
no showing of that.

Specific intent can be inferred.

Are you suggesting
she intended

to poison the fetus
with cocaine?

All I'm suggesting is
that if you commit an act

that causes a result
that is not only foreseeable,

but, in fact, unavoidable,
intent can be inferred.

I'm sorry, Ms. Alexander,
but I have to consider

the legislative intent,
and there is no evidence

that the drug distribution
laws were ever meant

to apply to pregnant mothers
under this fact pattern.

There's no evidence
to disprove the legislative--

Ambiguity cuts in favor
of the defendant.

All I'm asking is
that you bind her over.

Let's just hold her--

I can't do that.

In the alternative,
I'd like to continue
this matter.

Allow me to do
further research.

Denied.
The charges against Ms. Cole

are dismissed.

This time, I am doing so
with prejudice.

The defendant is free to go.

We are adjourned.

Thanks. Thanks a lot.

-Let's go.
-Go where?

Rehab. Everything's set up.

I'm not going anywhere
with you, Jimmy.

Jennifer, you have a problem.

Whatever my problems are,

I'm not about to come
to you with them.

Bye.

You people hardly have

an unblemished track record,
Ms. Frutt.

In fact, I might go
so far as to say

you have a penchant
for deceit.

Whatever you may think
of our penchants,

we have always played
by the rules.

He didn't.
It was cowboy justice.

I have to say,
as I see the facts,

most judges
wouldn't have let this

even go to trial.

Your Honor,
we were in that room.

We heard what he said

and the tenor
of how he said it.

It was blackmail.

He took away
our seventh amendment right

to a jury trial,
and then he threatened us

if we dared appeal.

That's not the way
it's supposed to work.

I know Judge Aldrich.

I've known him for 20 years.

I'd sooner take his word

than that of a few
criminal defense attorneys

who moonlight
with contingent-fee cases.

I object to that.

Do you have
anything else, Counsel?

Yes, Your Honor,

I'd like to call
Mitchell Kravitz.

What are you doing?

I have no idea.

JUDGE WALTERS:
Mr. Kravitz,

please come forward
and be sworn in.

Please raise your right hand.

Do you swear to tell the truth,
the whole truth,

and nothing but the truth,
so help you God?

-I do.
-What are you going
to ask him?

I don't know.

You ask him something.

Okay, Ms. Frutt,
you may question Mr. Kravitz.

Sir, you were
in Judge Aldrich's chambers

the day in question

for the transaction
in question

in your capacity
as defense counsel

for the environmental
protection agency, true?

True.

You've been sitting here

listening to my version
of what happened

and to the one offered
by Judge Aldrich.

Do you have an opinion
as to which version

is more accurate?

Given that I participated
in this transaction

as an attorney,

I don't feel
it's appropriate for me

to also bear witness
on the events.

We have had a judge
bearing witness, sir.

It's okay
if you do so, as well.

Your Honor,
I represent clients.

I have a duty
to those clients--

This is a hearing
about the conduct

of the officers
of the court.

It does not concern
the interests of clients.

Certainly, if it affects
the interests of clients,

I can't be compelled
to testify.

I want to know what went on
in that room, sir.

You heard Judge Aldrich
a short time ago.

We have all been listening
ad nauseam to Ms. Frutt.

Whose testimony today
more accurately reflects

what went on
in that room?

The court has asked you
a question, Mr. Kravitz.

I believe the truth lies
somewhere in the middle.

On whose side of the middle
does the truth lie?

Ms. Frutt.

Oh, my God.

You believe
Judge Aldrich was guilty

of judicial misconduct?

I asked you a question, Counsel.

Do you believe
Judge Aldrich was guilty

of judicial misconduct?

I think he conducted
a fair trial...

but what happened
in his chambers

after the verdict--

While it wasn't
blatant blackmail,

it was definitely...
coercion.

May I respond to that?

Go ahead.

I strongly disagree

with Mr. Kravitz's
characterization.

Let's remember,
he was in the throes

of being smacked
with a $72 million judgment.

His career was probably
flashing before his eyes.

I resent that.

I have the floor now,
Counsel.

His powers of observation
may have been on tilt.

But surely not biased,

not against a judge
ruling in his favor.

Let me say, also,

a judge, every single day,
exercises some coercion.

Our dockets are jammed
beyond repair

with claims that have
no real merit.

This was one such claim.

We push, steer,

bend, influence,
and, yes, coerce.

We do it every day.

If we didn't,
God help the mess,

not to mention the injustice.

The line is a gray one.

I submit to you
I did not cross it here.

The facts underlying this case

did not justify
a $72 million verdict.

I was there at the trial.
I heard the evidence.

This panel did not.

There was no abuse
of my discretion.

The knockdown number was fair.

The knockdown number
is knocked out.

The award of $72 million
is reinstated.

Defense is free to bring
a new motion to remit

once the case has been
reassigned.

We are adjourned.

ELLENOR:
I thought I'd seen everything.

LINDSAY: Me too.

I'm afraid to celebrate.

Very wise.

The 72 will still
get chopped down.

We're going
to do some research

and come up with a number
to try and settle.

Okay.

Wow.

Yeah.

Josh.

Jimmy.

I shouldn't be talking
to you-- Doctor/patient.

Yeah. Yeah.

Partial placental abruption.

Placental lining
started to come loose

from the uterine wall.

Coke?

She started bleeding,

had enough sense
to call E. M. S.,

went into shock.

The baby?

We delivered--

Little girl,
3 1/2 pounds.

She all right?

It's too early to tell.

She lost oxygen
because of the abruption.

We're going to do
a cranial ultrasound,

check for a stroke,

and there was cocaine
in her body,

some agitation,
maybe withdrawal.

We had to notify
social services.

I'm sorry, Jimmy.

You just rest.

They won't let me see her?

Later.

Is she okay?

We don't know yet.
The doctors are hoping.

They're going to take her
away from me,

won't they?

It's too soon
to know anything, Jennifer.

Just try to get some rest.

Don't let them
take her away, okay?

Okay.

You stinker!